OCTOBER 27, 2009 MINUTES
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR WILLIAM D. SESSOMS, JR., At-Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
GLENN R. DAVIS, Rose Hall - District 3
~7LLlAM R. DeSTFPH, At-Large
HARRY E. DIEZEL, Kempsville - DIstrict 2
ROBERT M. DYER, Centerville - District I
BARBARA M. HENLEY, Princess Anne District 7
JOHN E UHRIN, Beach District 6
RON A, VILLANUEVA, AI-Large
ROSEMARY WILSON, At-Large
JAMES L WOOD, I.ynnhaven -District 5
CITY COUNCIL APPOINTEES
CITY MANAGER JAMES K. SPORE
CITY ATTORNEY MARK D, STILES
C!7Y ASSESSOR JERALD HANAGAN
CITY AUDITOR !.YNDON S REMIAS
('ITY CLERK RUTH HODGES FRASER, MMC
CITY COUNCIL AGENDA
27 October 2009
1.
CITY COUNCIL BRIEFINGS:
- Conference Room -
A. MINORITY BUSINESS COUNCIL ANNUAL REPORT
DeIceno Miles, Chair
B. CHINESE DRYWALL:
Assessment of Structures
Jerald Banagan, Real Estate Assessor
II. CITY MANAGER'S BRIEFINGS:
A. INTERIM FINANCIAL STATEMENT
Patricia Phillips, Finance Director
B. RECOVERY ZONE BONDS
Patricia Phillips, Finance Director
III. CITY COUNCIL COMMENTS
IV. CITY COUNCIL AGENDA REVIEW
V.
INFORMAL SESSION
- Conference Room -
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE:(757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycncl@vbgov.com
3:00 PM
4:30 PM
II
VI. FORMAL SESSION AGENDA
- City Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B.
INVOCATION:
Reverend Seigi Moto, Pastor
The Spirit of Jesus Church of Virginia
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL and FORMAL SESSIONS
October 13, 2009
G. FORMAL SESSION AGENDA
H. PUBLIC HEARING
1. LEASE OF CITY OWNED PROPERTY - Farmer's Market
Seasons Best Bakery, LLC - space 37
I. PUBLIC COMMENT PERIOD
1. PEMBROKE STRATEGIC GROWTH AREA 4 IMPLEMENTATION PLAN
J. CONSENT AGENDA
K. ORDINANCE SIRE SOLUTIONS
1. Ordinances to AMEND Chapter 2 of the City Code to comply with the Virginia State Code:
a. S 2-17 Smoking in public meetings
b. S2-21 re notice of Special meetings
c. S2-39 re voting at Special meetings
d. S2-60 re City Clerk's duties
e. S2-451 re definition of Boards and Commissions
f. S2-475 re notification of audits
2. Ordinance to AUTHORIZE an employment contract with the City Manager
3. Ordinances re COMPENSATION:
a. City Manager
b. City Attorney
c. City Clerk
d. City Real Estate Assessor
e. City Auditor
4. Resolution to SUPPLEMENT the 2010 Community Legislative Agenda to propose
conversion of the Clerk of Circuit Court's Office to a City agency
5. Resolution to DIRECT the City Manager and City Attorney to investigate capturing fee
revenue generated by the Clerk of Circuit Court
6. Resolution to PROVIDE for issue and sale of $130,000,000 in General Obligation Public
Improvement Refunding Bonds
7. Ordinance to AUTHORIZE a 3- Year Lease with Seasons Best Bakery, LLC for Space #37
at Farmer's Market
8. Ordinance to AUTHORIZE a right-in-onlv access point at Princess Anne Road and South
Independence Boulevard for Tailwind Development
9. Ordinance to APPROPRIATE $1,067,000 to Parks and Recreation re school landscaping
L. PLANNING
1. Application of McRJERS, LLC, for closure of a portion of Jefferson Boulevard at Jefferson
Boulevard and Windsor Crescent and a portion of Windsor Crescent north of Jefferson
Boulevard.
DISTRICT 4 - BA YSIDE
RECOMMENDA nON
APPROV AL
2. Variance to S4.4(b) ofthe Subdivision Ordinance that requires all newly created lots meet the
requirements of the City Zoning Ordinance (CZO) for COASTAL LIVING BUILDERS,
L.L.C./WILLIAM T. KILEY and HELEN R. PAXTON to subdivide four (4) lots for the
development of two single-family dwellings at 800 Greensboro Avenue.
DISTRICT 6 - BEACH DISTRICT
DEFERRED
ST AFF RECOMMENDATION
PLANNING COMMISSION RECOMMENDA nON
September 22, 2009
APPROV AL
NO RECOMMENDATION DUE
TO A TIE VOTE
3. Variance to S4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the
requirements of the City Zoning Ordinance (CZO) for WILBERT H. LAWRENCE, SR., to
subdivide 1564 Back Bay Landing Road.
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION
DENIAL
4. Application of BARRY BEHRMAN / ARROWHEAD PLAZA, LLC, Modification of
Conditions (approved by City Council on April 27, 1993, January 26,1999 and March 27,
2001) for expansion of an existing recreation facility.
DISTRICT 2 - KEMPSVILLE
RECOMMENDA nON
APPROV AL
5. Application of 5105 PRINCESS ANNE, LLC / FULTON BANK, (ABOUNDING
GRACE ASSEMBLY) re a church at 5102 Princess Anne Road.
DISTRICT 2 - KEMPSVILLE
a. Change of Zoning District Classification from B-2 Community Business District and I-I
Light Industrial District to Conditional B-2 Community Business District
b. Conditional Use Permit for religious use
RECOMMENDATION
APPROV AL
6. Application of NEW FIRST COLONIAL ASSOCIATES for a Change of Zoning District
Classification from R-15 Residential District to Conditional 0-1 Office District re a dental
office at 5315 Bonneydale Road.
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION
APPROVAL
7. Application of JESSUP CONSTRUCTION L.L.c. / JOHN P. MYERS for a Change of
Zoning District Classification from R-40 Residential District to Conditional R-20
Residential District in order to create four (4) lots from two (2) existing lots at 1125 and 1129
Trantwood Avenue.
DISTRICT 5 - L YNNHA VEN DISTRICT
RECOMMENDATION
APPROV AL
8. Application of CITY OF VIRGINIA BEACH to AMEND S201 of the City Zoning
Ordinance (CZO) re Setbacks for Piers.
RECOMMENDA nON
APPROV AL
M. UNFINISHED BUSINESS
N. NEW BUSINESS
I:
O. ADJOURNMENT
NOVEMBER 3RD CITY COUNCIL
WORKSHOP CANCELLED TO
ALLOW EVERYONE TO VOTE
Thursday, November 12th
ANNUAL JOINT MEETING
General Assembly, City Council
and School Board
City Council Sessions
November 10 - Informal and Formal Session
November 17 and 24 - Workshops
December 1 and 8 - Informal and Formal Sessions
Town Hall Meetings - 2010-11 Municipal Budget
Wednesday, October 28, Larkspur Middle School, 4696 Princess Anne Road
Thursday, November 5, Princess Anne High School, 4400 Virginia Beach Blvd.
Wednesday, November 18, Green Run High School, 1700 Dahlia Drive
Thursday, December 3, Kellam High School, 2323 Holland Road
********
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
***********
Agenda I0/27/09st
WWW,VbgOV,COlll
Ii
- 1 -
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
October 27, 2009
Mayor William D. Sessoms, Jr., called to order the CITY COUNCIL'S BRIEFING re the MINORITY
BUSINESS COUNCIL Annual Report in the City Council Conference Room, Tuesday, October 27,
2009, at 3:00 P.M
Council Members Present:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel,
Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A, Villanueva
and James L. Wood
Council Members Absent:
Rosemary Wilson
[Family Vacation - New York City)
October 27,2009
II
- 2 -
CITY COUNCIL BRIEFING
MINORITY BUSINESS COUNCIL
ANNUAL REPORT
ITEM # 59298
3:00 P.M.
Delceno Miles, Chair and Michael Chinn, Financial Counselor, presented the Minority Business
Council's Annual Report - FY 2009.
~ MBC was created in 1995 as an advisory body to City Council and the City Manager
~ Duties, powers andfunctions defined in Ordinance No 2310,2-28-95:
- Advise City Council and the City Manager on policy and procedural issues
Institute, conduct, and engage in educational and training programs to promote the
involvement of Minority-owned businesses, small businesses, businesses owned by
women and service disabled veteran-owned businesses in the public procurement process
Serve as a Forum for the discussion and development of the awareness of Minority-
owned businesses, small businesses, businesses owned by women service disabled
veteran-owned businesses of the procurement process
Provide City Council and the City Manager with an annual written report of the
Minority Business Council's activities on or before December Thirty-first of each year
Adopt rules and procedures for the conduct of its affairs
Shall not provide advice or assistance in individual procurement solicitations,
evaluations, awards, disputes or protests
VISION
To be "the leading influence in connecting contractor resources with City opportunities. "
PURPOSE
The MBC serves as an advisory agency to the City Council and the City Manager with
respect to the City's procurement policies and procedures.
MISSION
"Advance and facilitate an environment of business opportunities, focusing on increasing
expenditures to Minority, woman and service disabled veteran-owned businesses by the
City of Virginia Beach as a means to further the City's economic development and
vitality. "
MINORITY BUSINESS COUNCIL GOALS
~ "Identify and encourage City agencies and firms projecting the City's image to fairly reflect
Virginia Beach as a City of ethnic and racial diversity when carrying forward the City's ..
business, "
~ "Help achieve and maintain the opportunity for improved Minority business participation levels
in the procurement process for goods, services and construction. "
October 27, 2009
- 3 -
CITY COUNCIL BRIEFING
MINORITY BUSINESS COUNCIL ANNUAL REPORT
ITEM # 59298 (Continued)
MINORITY BUSINESS COUNCIL COMMITTEES
)> Policy-primarily focuses on development of legislation, ordinances, administrative directives and
procedures; educating the MBC members; review processes and policies and make
recommendations for action
)> Outreach-primarily focuses on goals that measure programs and goals that provide education
and information for Small Women and Minority (SWaM) and service disabled veteran-owned
businesses and partners; it also includes programs that promote benefits of the MBC and,
procurement opportunities within the City
)> Data Collection and Analysis-primarily focuses on goals that help develop Small Women and
Minority (SWaM) business capabilities via collection, and analysis of Minority, woman and
service disabled veteran-owned business contract awards and expenditures with the City; and
the establishment of maintenance of data and directories on Minority, woman and service
disabled veteran-owned businesses and business activities in the City and throughout the region
)> Minority Awareness/Media-primarily creates forums for discussion and development of
awareness of Small Women and Minority (SWaM) and service disabled veteran-owned
businesses and the procurement process; also includes initiatives that develop and implement
marketing and communication programs; coordinate media communications and advertising;
and. help to promote diversity within the business community while monitoring new and current
businesses and economic development within the City
SIGNIFICANT POLICIES
)> Council Resolution of May 6, 2008 - 10% Goal for Minority Participation in City Contracts.
)> Administrative Directive 6.09 Woman and Minority-Owned Business Participation in City
Procurements (September 2007).
)> Amendment to Ordinance adding Service Disabled Veteran- Owned Businesses
(June 2009)
FY09
(12 mas)
FY08
(12 mas)
TOTAL Expenditures
$193,312,360
$ 14,131,798
$224,658,190
$12,203,211
Minority Business
Expenditures
% Amount of total
expenditures
7.31%
5.43%
October 27, 2009
- 4 -
CITY COUNCIL BRIEFING
MINORITY BUSINESS COUNCIL ANNUAL REPORT
ITEM # 59298 (Continued)
$200 .
$193.3
Summary of Expenditures to Minority Vendors
12 Month Period July 1, 2008 to June 30, 2009
Compare to Resolution Goal of 10%
$250
$50
~ $150
~
$100
$3,8
$0
ClP
Non-CtP
Total
Percent Qf TQtal Expenditures tQ MlnQrlty
4.1~
,~""
~'
~ /",," '"
1.8% 2.0%
PROGRESS
In addition to Policies im lemented, it should be noted:
Early involvement in the planning process by the Greater attention to selection of appropriate NIGP
Purchasin Division Codes (www.vbov.com/; mance/; urchasin
Greater use of semi-annual forecasts: Vendors training hosted by the Purchasing
Division su orts vendor trainin
Increased Use of Available Search tools: City
External Web Site, Virginia Department of
Minority Business Enterprise
(www,dmbe.vir inia. ov
Federal Central Contractor Registration
(www,ccr, ov
ThomasNet (www.thomasnet.com)
Noncommittal basis provides projected
Requirements
Enables development of business relationships
rior to solicitations bein issued
Used by targeted business community
Similar to ederal
October 27, 2009
II
- 5 -
CITY COUNCIL BRIEFING
MINORITY BUSINESS COUNCIL ANNUAL REPORT
ITEM # 59298 (Continued)
PROGRESS
~ Eleven (11) Departments gave briefings, with their successes and challenges, to MBC "
~ Departments have demonstrated committed support of the program
~ Departments have demonstrated active participation in MBC sponsored events during the entire
year, including Departmental presentations during MBC monthly meetings
~ Departments are sensitive to prompt processing of invoices
~ Departments are committed to a process of accountability for staff members involved in process
-for example, reduction in amount of time to close out proposed subcontracting plans entered
into the Woman Minority Business Participation Tracking Application (WMBPTA); compliance
reviews reflect stronger documentation on efforts to locate woman, Minority and service-
disabled veterans for inclusion in solicitation process
Department of Minority Business Enterprise (DMBE): The Virginia Beach Department of Economic
Development has partnered with the Virginia Department of Minority Business Enterprise to offer one-
on-one counseling sessions with local business owners,
The Virginia Beach Department of Economic Development Minority Business Development Program
has been successful in match-making for strategic partnerships and assisting the following businesses
on new office locations and expansions:
JES Construction, USA Backgrounds, JFL & Associates, Delta Resources, MCO Technologies, The
Aaron Wheeler Group, Jungle Gym, Quality Technical Services, EI Polio Loco, Image Barbering,
IntellecTechs, Super Car Care Center, Pediatric Dentistry, Willard Marine, Young Dentistry and DOMA
Technologies.
2009 Entrepreneurial Connection hosted by Virginia Beach Economic Development:
~ As part of its month long celebration of the City's African American History Month,
Economic Development, in conjunction with the Virginia Beach Friends of the Library,
US Small Business Administration, the City of Virginia Beach and the Virginia Beach
Minority Business Council
~ Designed to provide more awareness about procurement opportunities and business
education for Minority business owners
Virginia Minoritv SUlJplier DevelolJment Council (VMSDC): The City of Virginia Beach hosted
VMSDC's Executive Board meeting which fostered continual partnership with the City's outreach efforts
for targeted business communities.
Improve understanding of bidding process by Improve connection with prime and subcontractors
targeted activity to: in construction
Enable companies to submit bids or respond more Research Potential Strategic Partnerships
Adequately Road construction: paving, asphalt applications,
road concrete
Architecture and Engineering (A&E)
Enable submission in greater number of
competitive bids
Foster weater comfort with requestfor de-briefs
Promote an increase in request for historical data
from interested contractors
A TTENT/ON AREAS
October 27, 2009
- 6 -
CITY COUNCIL BRIEFING
MINORITY BUSINESS COUNCIL ANNUAL REPORT
ITEM # 59298 (Continued)
TESTIMONALS
Contractor Description Total Dollars
JA VA Construction Playground picnic tables and $ 8,906. 00
(MBE) benches; Princess Anne athletic $ 46,672.00
complex sitefurnishin~s
Shaw Building Corporation Fire Station Renovations; $483,427,00
(WBE) Recreation Centers Bowling $263, 743.00
Alley Conversions
Pipeline Industrial Seatack Community Center Brick $ 86,500,00
(MBE) Repairs
Anesnah Design & Marketing Provide document publication $ 2,293.50
(MBE) design services for Virginia
Beach Comprehensive Plan
BUSINESS RECOGNITION
>> Recognized Four Businesses at the 2008 Annual MBC Conference and Expo (313 attended):
,/ Minority-Owned Business of the Year-Sun Bay Contracting,Inc
,/ Woman-Owned Business of the Year-Coastal Threads, Inc.
,/ Small Business of the Year-Tidewater Graphics & Signs
,/ Diversity Champion of the Year-Corporate Express
>> Recognized Exceptional Achievements for Various City Staffers and Departments for their
Advocacy, Outreach and Awareness
Goals
Amend MOU with DMBE for on-site
coordination, strategic development and
certification of service-disabled veteran-
owned businesses
Improve access to Procurement
Opportunities
Continue Departmental Training
Monitoring and Reporting under AD and
10% City Resolution
Revisions to Applicable Existing
Administrative Directives(PW/PU) for
Construction and Architecture &
Engineering
Partnership with School Board
Milestones
Fall 09
Strengthen Forecasts of Procurement
Opportunities; post bi-annual updates on
Web site Fall 09
On-Going- Training Conducted on a
Quarterly Basis; Specialized Training
Scheduled for Depts with Unique
Requirements and Exemptions; Provide
Annual Report to MBC and City Council
Fall 09
VBPS Liaison Working with MBC to
Develop Applicable Policies for
Consistent Data Collection and
Reporting of School' Expenditures -
Fall 09
October 27, 2009
- 7 -
CITY COUNCIL BRIEFING
MINORITY BUSINESS COUNCIL ANNUAL REPORT
ITEM # 59298 (Continued)
Goals
Host Regional Small Business Summit
Continue analysis of Bid Responses
for "No Bids" and "No Responses"
Continue Promotion of Involvement
and Awareness as measured by the
"HITS" on MBC Web Site
Milestones
Scheduled for November 5,2009, @
Westin Hotel Town Center
Continue Analyzing and
Reporting
2007-5,838 hits
2008-7,224 hits
2009-4,813 hits
Research Available Options for Vendor FY 2010
Assistance with Bonding Requirements
To Advance and Facilitate an
Environment of Business
Opportunities, including MBC Industry
Hour
Hosted Quarterly by Construction,
Architecture & Engineering
Goals
Education Series (Spring 2010)
Continue Targeted Training:
./ Small Purchase Training
" Vendors training for construction and
A&E
,,' Vendors training for goods and
services
./ Post Video of applicable workshops
on web site
FoCUS on Er'lsouraging Prirj1eS to Utilize
More SWaM~DBE~SDV
Continue Research and Identification of
Targeted/Pre-Qualified Vendors
Milestones
Conduct one Evening per Week for 4
Weeks Hosted by Department of Economic
Development
On-going Quarterly; Vendors Training for
Construction and A&E Vendors
Implemented May 2009 ; Continue Vendors
Training for Goods and Services
Make Belter Use of WMPP to Connect
Resources with Opportunities and Better
Monitoring of Plans
On-going
MINORITY BUSINESS COUNCIL ASSOCIATES
Teresa Carrington
Amma Anyane-Ntow Guerrier
J. Samantha Hartley
Curtis Hopkins
Joanne McElroy-Hall
Sheila Johnson
Donna Merritt
Calherbe Monel
Tonya Perkins
Byron Williams, Sr.
October 27, 2009
II
- 8 -
CITY COUNCIL BRIEFING
MINORITY BUSINESS COUNCIL ANNUAL REPORT
ITEM # 59298 (Continued)
MINORITY BUSINESS COUNCIL
City Council Liaisons
Ron A. Villanueva
Bob Dyer
~
~
\1!\(;ISI\ 1l1,\,H
M,:t:l<;
Members
Delceno Miles - Chair
Linda Bright- Vice Chair
Michael Chinn - Financial
Counselor
Ferdinand Perez- Secretarial
Officer
Carla Bailey
Wanda Cooper
John Hawley
Derek Redmond
Prescott Sherrod
Edwin Tirona
John Williams
October 27, 2009
- 9 -
CITY COUNCIL BRIEFING
CHINESE DRYWALL
3:31 P.M.
ITEM # 59299
Jerald Banagan, City Assessor, provided information re Assessment of Structures containing Chinese
Drywall,
Mr, Banagan is working with Cheri Hainer, Permits and Inspections Administrator - Planning.
Combined staff is aware and have confirmed the presence of Chinese Drywall in twelve (12) homes in
Virginia Beach. Six (6) of those are in one Condo project where remediation of those properties is very
near completion. Since the last couple of days, Mr, Banagan has heard from three (3) homeowners in
Highgate Parish. There was a newspaper article also re this presence of drywall in that neighborhood.
The Real Estate Assessor's office will be reducing the value of the buildings down to a minimum of$100
and bring it back up to full market value once the remediation is completed for these properties.
Mayor Sessoms expressed appreciation for the dedicated efforts of city staff
October 27, 2009
- 10 -
CITY MANA GER 'SBRIEFING
INTERIM FINANCIAL STATEMENT
3:32 P.M.
ITEM # 59300
Patricia Phillips, Director of Finance, presented information re the FY 2010 Interim Financial
Statements for the City and School Board for the three months ending September 30, 2009, These
Statements provide a summary of the City's major finds performance in comparison to the budget as well
as the prior year's performance. General Fund Revenues, as of September 30, 2009, total $100.9-
MILLION and are slightly ahead of prior years. Current year revenues are 9.7% of the budget compared
to 9.5% in FY 2009 and 9.6% in FY 2008.
Total Revenue follows the Trendline
Many items are on a 2-month lag
Real Estate payments are due December 5 and June 5
Business License Tax (BPOL) due in March
Personal Property tax due June 5
lOOOk
80%
tl
~ 60%
!
j!
{!!. 40%
'l;
~
"
~ 200k
...
0%
.
.
.
.
.
,8 $400
i
..
..
. $300
:>
c
~
.l!
$200
FY 2010 Year To Date General Fund Revenues
Compared to Historic Trend
September 30, 2009
2.70/0
)ul
Aug Sep Oct No\' Dee Jan
Feb Mar Apr May Jun
...........Historic Trend
-~Percent of FY10 Budget
FY 2010 - General Fund Revenues
Real Estate Revenues
September 30, 2005 - 2010
$600 --,.--'"-
100'A
$600
FA VORABLE TREND
$487.6
BUDGET
$100
0%
0.6%
0.7%
10% g
'fi
...
'0
u
l
...
'l;
1'~ ~
$2.9
$3.2
$0
FY 2008
FY 2007
FY 2009
FY 2010
FY 2008
I _Actu.ICQII_cllons _YTO _%oITotlll I
October 27, 2009
- 11 -
C IT Y MANA G E R tS B R IE FIN G
INTERIM FINANCIAL STATEMENT
ITEM # 59300 (Continued)
First Installment of FY20 10 Real Estate bills are due on December Fifth
Total of First Installment is $ 239, 7-MILLION Bills will be mailed to taxpayers on October Thirtieth. All
FY 2010 collections to-date are delinquents,
Personal Property Taxes
September 30, 2005 - 2010
$100
$90
$80
$10
"
~ $60
Si
'"
..
.. $50
::J
"
..
>
&! $40
$30
$20
$10
$0
FY 2006
100%
FAVORABLE TREND
$71.5
15%
BUDGET.
$62.4 ..
"
0
i
50% '0
0
~
....
'0
;fl
17,7% 25%
0%
FY 2001
FY 2008
FY 2009
FY 2010
E1S'l!lJActualColtectlons _YTO ___%ofTotal
Accounts Receivable Property Taxes:
September 2008 = $524-MILLION
September 2009 = $509-MILLION
Down 2,885%
General Sales Taxes
September 30,2005 - 2010
100%
$70
$60
"
~ $60
i
'"
ill $40
::J
"
..
i $30
$20
$10
$0
UNFA VORABLE TREND
BUDGET
$54.0
$54.1
75%
50%
25%
0%
FY2006
FY 2007
FY 2008
FY2009
FY 2010
_ Actual Collections _ YTO -'I. of Total
General Sales were down again (5,9% Year-To-Date)
October 27, 2009
II
- 12 -
C IT Y MANA G E R <S B R IE FIN G
INTERIM FINANCIAL STATEMENT
ITEM # 59300 (Continued)
Hotel Room Taxes
September 30, 2005 - 2010
$30
$25
c $20
~
i
...
III
" $15
c
~
3!
$10
$5
$0
100%
UNFA VORABLE TREND
BUDGET
$23,6
80%
60%
40%
20%
0%
FY 2006
FY 2007
FY 2008
FY 2009
FY 2010
m:::::l:l!:JActualColloctions -VTD ---%otTotal
Hotel Room Taxes were 5.4% down from FY 2009
Restaurant Meal Taxes
September 30,2005 - 2010
$60 "'..-..... __."~~._^__~__~m______"~,~__,_,___,___,_____'_' -------.----..--....-.....-- 0.. 100'/0
UNFA VORABLE TREND
$30
BUDGET
9
$60
80%
$4l)
.
c
o
60% 1:
.!!
8
!
t-
o
40"1. 'ot
$20
20%
$10
$0
0%
FY 2006
FY 2007 FY 2008
I _Actu.IColI~tlon. _YTD
FY 2009
-%ofTot.' I
FY 2010
2, 7% down from FY 2009
October 27. 2009
II
- 13 -
C IT Y MANA G E R 'S B R IE FIN G
INTERIM FINANCIAL STATEMENT
ITEM # 59300 (Continued)
Summary of General Fund Revenues
(In Millions)
September 30, 2009
Real Es tate Taxes $472.0 $ 3.2 0.7% F
Personal Property Taxes 62.4 11.0 17.7% F
Public SelVice (RE and PP) 6.9 0.0% A
Penalty and Interest (REand PP) 4.9 1.4 27.4% F
General Sales Tax 51.1 9.5 18.7% U
Utility and Franchise Taxes 55.3 6.5 11.8% U
Business Ucenses 40.6 0.7 1.6% U
Hotel Taxes 23,9 12.2 51.1% U
Restaurant Taxes 49.8 14.3 28.7% U
Automobile Ucenses 9.0 1.6 17.5% U
CXher Local Revenues 85.4 16.3 19.1% A
State Rewnues 160.4 20.3 12.6% F
Federal Revenues 23.1 3.9 17.0% U
$1,044.8 $100.9 9.7% ~
-
E:xcludt'i School Re,"enues
10
FY 2010 Year To Date General Fund Expenditures
Compared to Historic Trend
September 30, 2009
80%
100%
E
=
~
Q.
~
'"
1i
,::
...
=
c
~
..
60%
40%
20%
9.8%
0%
Jul
Aug
Sep
Oct
Nov
Dec
Jan
Feb
Mar
Apr
May
Jun
~ Historic Trend
_Percent of FYIO Budget
It
October 27, 2009
II
- 14 -
C IT Y MANA G E R 'S B R IE FIN G
INTERIM FINANCIAL STATEMENT
ITEM # 59300 (Continued)
FY 2010 Year To Date General Fund Revenues & Expenditures
Compared to Historic Trend At September 30, 2009
60%
'3
~
...
<:>
~ 40%
..
Q.
20'l\
100'l\
80%
lOO.O'l\
0%
Jul Aug Sep Oct Nav Dee J811 Feb Mar Apr May Jun
-+--Rev Trend -*-% of FYIO Rev Budget
.......Exp Trend <-B"1% of FYIO Exp Budget
_ '''_.mm'__'___'~___~'_"
General Fund FY 2010 Expenditures
. Total at September 30,2009: $310,6-MILLION, or 28,5%
. Projected Expenditures at June 30,2010 = $1.06-BILLION
(Budget $1.09-BILLION)
. Summary of Actual Expenditures Under Budget at June 30:
2008 (Actual)
, ........".. """'''''j'
}009 (~~!~~L.L..,.
~~!Y
$25.0
$28.1
Total
$60.3
$43.0
5.6%
3.8%
Next Steps
. Continue to Monitor Revenues in FY 2010
· Business Licenses - March
· Personal Property - March/April
. Five Year Forecast Briefing November 17
. Next Briefingfor FY2010 is November 24
. Audited Financial Statements for FY09 Briefing December 8,2009
3.5%
3.6%
Schools
$35.3
$14.9
October 27, 2009
II
- 15 -
C IT Y MANA G E R 'S B R IE FIN G
INTERIM FINANCIAL STATEMENT
ITEM # 59300 (Continued)
Patricia Phillips referenced a copy of a Business Week Article, distributed by Chief Jacocks. ranking the
Virginia Beach Metro area as Number 19 out of 42 Metropolitan areas across the Country, as "best
able to handle the Recession",
Councilman DeSteph advised the City has an opportunity to better control the cost and size of
government with the economic turn by understanding the Military is forty-five (45%) percent of our
Gross Domestic Product (GDP) according to Dr, Koch's - Old Dominion University study. Councilman
DeSteph suggested efficiencies should be expanded, perhaps implement a hiring freeze, combine
functions to take advantage of the economies of scale. The size and cost of government should be
reduced at the local level. The City's businesses should be monitored to determine how the economy is
affecting them,
October 27, 2009
II
- 16 -
C IT Y MANA G E R 'S B R IE FIN G
RECOVERY ZONE BONDS
3:49 P.M.
ITEM # 59301
Patricia Phillips, Director of Finance, presented information concerning Recovery Zone Bonds:
.. Part of American Recovery Reinvestment Act (ARRA) - Build America Bonds
.. Allocated to each state, state allocates to localities
.. Recovery Zone Economic Development Bonds
~ Taxable Governmental Bonds
~ Allocation: $4,996,000
.. Recovery Zone Facility Bonds (Private Sector)
~ Tax-Exempt Private Activity Bonds
~ Allocation: $7,494.000
Recovery Zone Economic Development Bonds
.. Not Grant Money - Must be repaid
.. Intended for any public infrastructure and facility projects within or of benefit to the "Recovery
Zone"
.. Interest Subsidy of 45% but interest is at higher, taxable rates
.. Interest savings over City's tax exempt General Obligation Bonds is approximately $180,000
over the life of the bonds (20 years) ($9,000 per year)
.. If issued, Recovery Zone Bonds will substitute for the City's Charter Bonds
Governor's Office
Executive Order Number 94
September 30,2009
To Reserve The City's Allocation:
(1) File a notice of intent to issue the bonds by November 2, 2009
(2) File a Project Verification Report establishing one or more Recovery Zones and approval of
project(s) by December 15, 2009
(3) Issuance of Recovery Zone Bonds by March 15, 2010
In Accordance With ARRA:
City Council, by Resolution, must designate a "Recovery Zone"
(i) Area having significant poverty, unemployment, rate of home foreclosures
or Ileneral distress
(ii) Area distressed by closure or realignment of a military installation
(iii) Area designated as an empowerment zone or renewal community
Staff Assessment and Recommendation
.. Examined many potential projects
.. Constrained by time frames to spend dollars,future use of project, Davis-Bacon, and monitoring
.. Lookedfor projects that were in "distressed" area andfocused on land acquisition
.. Conclusion: 19'h Street Corridor for RZED
.. Will not use RZ Facility Bonds (for a Private Sector Project)
October 27, 2009
II
- 17 -
C IT Y MANA G E R 'S B R IE FIN G
RECOVERY ZONE BONDS
ITEM # 59301 (Continued)
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..t.A!>~lk RC....-~ ;'1_
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'.........
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Potenllal RetOWfy Zona Area
with APZ Infonnll1ion
-==:::JFHt
c ~oo UlOO
"+-
$
Description
The proposed zone meets the definition of general distress for the following reasons:
1) Median income is 39% less than the City-wide average
2) Almost 50% of the residents within the Zone have household incomes less than $25,000 a
year
3) Nearly 30% of the residents in the Zone are considered at the poverty level.
4) There are two federally subsidized housing complexes and two trailer parks located in
the Zone
5) The income producing properties (commercial) are considerably undervalued compared
to the City-wide average
Why This Zone
.. Meets the requirements
.. Less complicated than other areas
.. Projects easily identified:
./ 19th Street Corridor Improvements
./ Other site acquisitions within the Zone
VML/VACO Recovery Act Bond Pool
.. Sale before December 15, 2009, to meet the Governor's requirements
.. Issue larger size volumes to attract better pricing
.. Lower, shared pooled costs of issuance
.. Develop a financing team expert in taxable structures
.. Provide administrative support after the sale
.. Assist in Potential Second additional Allocation of RZ Bond Authority - Up to $4-MILLION
October 27, 2009
I I
II
- 18 -
C IT Y MANA G E R 'S B R IE FIN G
RECOVERY ZONE BONDS
ITEM # 59301 (Continued)
Next Steps
File Notice of intent to issue RZ Economic
Development bonds $4,996,000 (1st
allocation) and up to $4-MILLlON of
potential 2nd allocation
November 2
Participate in VML/VaCo Bond Sale
Mid-December
Close on Bond Sale
December/January
October 27, 2009
II
- 19 -
CITY COUNCIL COMMENTS
4:08 P.M.
ITEM # 59302
Councilman DeSteph referenced his second correspondence to President Obama as a follow-up to their
unsatisfactory response re the Chinese drywall issue which had been forwarded from one agency to
another, Councilman DeSteph requested an adequate and timely response from the agencies involved.
ITEM # 59303
Councilman Wood referenced the comment of Councilman DeSteph concerning the importance of the
Navy, Rear Admiral Mark S. Boensel, Commander - Navy Region Mid-Atlantic, spoke on October 22,
2009, to the Transportation District Commission of Hampton Roads, With nearly 32,000 military and
civilian workers in the region and an economic impact of $14. 7-BILLION, the Navy is a major part of
the Region's success. Councilman Wood distributed a portion of the presentation re Transportation
issues and copies of correspondence from Rear Admiral F.R. Ruehe, USN and Rear Admiral David
Architzel, USN, supporting the Light Rail Transit project.
Navy supports 'concept' of third Crossing project
Navy is working with the Virginia Department of Transportation (VDOT) on the design of Air
Terminal Interchange
1-564 connector will impact access roads and Fleet Recreation Park Little League fields
Hampton Boulevard underpass currently under construction
Light Rail
Commander - Navy Region Mid-Atlantic (CNRMA) is on record expressing support of light rail
as a means to reduce traffic congestion in Hampton Roads, enhance safety, quality of life and
facilitate military readiness
Transportation Incentive Program (TIP
Navy encourages car/van-pooling and use of public transportation
Navy employees (military and civilian) can enroll in the Transportation Incentive Program and
receive vouchers
More than 2,500 current employees (NA VSTA Norfolk, NSA Norfolk, JEBLC-FC, Norfolk Naval
Shipyard and Newport News Shipbuilding)
Funded by the Department of the Navy
Mayor Sessoms advised in 1989 the Navy offered strong support re Light Rail.
ITEM # 59304
Councilman Uhrin referenced the briefing by Dr, Koch re the impact of the military on the Region's
(GDP) Gross Domestic Product). Councilman Uhrin referenced discussion re the State involvement in
Military issues and their ability to lobby to maintain different combat initiatives here. The City Manager
distributed correspondence re the condition of that lobbying effort in terms of funding on the State level,
which has been cut from $1/2-MILLION in 2007 to $400,000 in 2010. There are probably other cuts on
the horizon. Councilman Uhrin requested an addition to the City's Legislative Agenda to include an
opportunity to encourage the State to hold this harmless, if not perhaps increase the funding to those
efforts,
October 27,2009
II I
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- 20-
CITY COUNCIL COMMENTS
ITEM # 59304 (Continued)
Councilman Uhrin referenced the meeting with the Military Economic Development Advisory
Committee (MEDAC) on Monday, October 26, 2009, This group will probably be amendable to take a
formal position concerning this addition to the Legislative Agenda,
Councilman Villanueva, Liaison for Legislative Coordination, advised there has been discussion
concerning military installations helping to pay for transportation dollars. There are many access routes
to Military installations through the Region's transportation corridors, The Eisenhower era showed that
the region's major transportation highway network was established during war times to support Military
installations.
ITEM # 59305
Council Lady Henley advised last week, representatives from Kempsville Presbyterian Church requested
a meeting and she believes these representatives might have met with other Council Members. The
representatives advised they had heard Council Lady Henley mention the City Council needed to plan the
Interfacility Traffic Area (ITA). The representatives have offered to hire and pay for a Firm to plan the
entire ITA, which the representatives believe can be accomplished in two (2) or three (3) weeks. The
representatives believe the City would take up to a year, This is not acceptable.
Council Lady Henley advised although the offer is gracious, it is not quite what she had in mind. Council
Lady Henley is interested in a Strategic Growth Area type plan. In this Plan, all the stakeholders are
invited to be a part in the beginning. It is not a Plan that is developed and then Public Hearings are
scheduled for comment. All property owners will have a "hands on" opportunity in the development of
this Plan. The City is purchasing property in the Interfacility Traffic Area from willing sellers. The
existing residences will continue. There will not be more residences beyond what is allowed "by right" (1
for 15). Council Lady Henley believes this Plan could be completed in two or three months.
The City Manager advised the Virginia Beach Development Authority has a standing open contract with
Production Services, who has expressed a willingness to develop the scope of work, which will have
emphasis on the transportation and land use planning component, This company has a subcontract with a
transportation and urban design firm. The process will be a key. A quote should be provided by the end of
the week.
Jack Whitney, Director - Planning, advised this will be the same team of consultants, which was utilized
in the Burton Station Strategic Growth Area.
Councilman Diezel advised this originally started around the Brown Farm but the ITA encompasses
more than just the Brown Farm. Councilman Diezel inquired whether the City could suggest to the
Kempsville Presbyterian Church representatives that they conduct their planning efforts and blend these
into the Interfacility Traffic Area, The City's consultants could examine their plan.
Council Lady Henley advised the Brown Farm consists of 500 acres and there are 4,400 acres in the
Interfacility Traffic Area. Councilman Diezel advised the original issues concerned the 500-acre parcel.
Mayor Sessoms advised the perception of letting the Kempsville Presbyterian Church representatives
plan the whole ITA area would not be proper.
Councilman Davis suggested the Kempsville Presbyterian Church schedule their application for a
rezoning. Council Lady Henley advised a Conditional Use Permit not a rezoning would be necessary.
Mr. Whitney advised the Kempsville Presbyterian Church has filed this application and it is scheduledfor
a December Planning Commission meeting.
October 27, 2009
II
- 21 -
CITY COUNCIL COMMENTS
ITEM # 59306
Mayor Sessoms advised the reinstatement of the Fire Department's Life Safety Education Specialist was
discussed during the FY 2009-10 Operating Budget. Utilization of Volunteers in this position has not
worked out. There are two (2) options: This position could be moved to an opening in the Parks and
Recreation Department or the City Council can AMEND the FY 2009-10 Operating Budget to add one
FTE (Full Time Employee) to the Fire Department to retain this Life Safety Education Specialist
position,
The City Manager advised if the City Council decides to add a Full Time Employee, action could be
scheduled for the November la, 2009, City Council Session and the funds transferred from the
Undesignated Fund Balance,
Councilman Davis advised this would be a temporary fix. The Fire Department has been without this
Life Safety Education Specialist position for the last six (6) months,
Councilman DeSteph had proposed reviewing the elimination of five hundred (500) positions over a
certain period of time. Currently, there are two hundred (200) open positions in the City. Councilman
DeSteph advised if the City Council wishes to add this FTE back, three (3) positions be eliminated
elsewhere in the City. The Blue Ribbon Task Force should be tasked with reviewing cost cutting and
efficiencies. Councilman DeSteph believes a hiringfreeze should be implemented.
Councilman Dyer advised the Blue Ribbon Task Force meetings did not entail discussion re lay-offs or
terminating positions, only savings through attrition, retirement, consolidation and efficiencies.
Mayor Sessoms believes Fire Chief Cover has done an excellent job of attempting to secure a Volunteer
for this position. A telephone survey was conducted with sixty-five (65) retired Virginia Beach Fire
Fighters. Chief Cover has consulted with Mary Russo, Director - Office of Volunteer Resources, Virginia
Beach Public Schools and Virginia Beach Public Schools for retired personnel information.
Councilman DeSteph concurred an exhaustive search was conducted.
Mayor Sessoms requested the City Manager schedule this item for the City Council Agenda of November
la, 2009. The City Manager shall provide the method of funding and the City Council shall decide
whether IT IS acceptable,
The City Manager advised as of October 15, 2009, the City has a hiring freeze in effect. Only the most
critical positions will be filled.
October 27, 2009
II I
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- 22-
AGE N DA REV IE W S E S S ION
4:41 P.M.
ITEM # 59307
Vice Mayor Jones advised the City Attorney requested a Resolution re the Southeastern Public Service
Authority be ADDED to the City Council Agenda:
Resolution DIRECTING the City Clerk to cause the publication of a
notice of public hearing concerning adoption of a Resolution to
APPROVE, AMEND and RESTATE Articles of Incorporation for the
Southeastern Public Service Authority of Virginia
ITEM # 59308
Councilman DeSteph inquired re certain Boards and Commissions contained in the Ordinance,
Ordinance to AMEND Chapter 2 of the City Code to comply with the
Virginia State Code:
I.e. 92-451 re definition of Boards and Commissions
The City Clerk advised the Military Liaison Commission was a Mayor's Committee. Patricia Phillips,
Director of Finance advised the Bond Referendum Committee monitored expenditures in connection
with Referendums of several years ago. The City Clerk advised the Citizens Advisory Committee has not
been utilized for years,
ITEM # 59309
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
K. ORDINANCES/RESOLUTIONS
1. Ordinances to AMEND Chapter 2 of the City Code to comply with the Virginia State
Code:
a. 92-17 Smoking in public meetings
b, 92-21 re notice of Special meetings
c. 92-39 re voting at Special meetings
d. 92-60 re City Clerk's duties
e, 92-451 re definition of Boards and Commissions
f. 92-475 re notification of audits
2. Ordinance to AUTHORIZE an employment contract with the City Manager
October 27, 2009
- 23 -
AGE N DA REV IE W S E S S ION
ITEM # 59309 (Continued)
3. Ordinances re COMPENSATION'
a. City Manager
b. City Attorney
c. City Clerk
d. City Real Estate Assessor
e, City Auditor
4. Resolution to SUPPLEMENT the 2010 Community Legislative Agenda to propose
conversion of the Clerk of Circuit Court's Office to a City agency
5. Resolution to DIRECT the City Manager and City Attorney to investigate capturing
fee revenue generated by the Clerk of Circuit Court
6. Resolution to PROVIDE for issue and sale of $1 30,000,000 in General Obligation
Public Improvement Refunding Bonds
7, Ordinance to A UTHORIZE a 3- Year Lease with Seasons Best Bakery, LLC for
Space #37 at Farmer's Market
8. Ordinance to AUTHORIZE a right-in-onlv access point at Princess Anne Road and
South Independence Boulevardfor Tailwind Development
9. Ordinance to APPROPRIA TE $1,067,000 to Parks and Recreation re school
landscaping
October 27, 2009
II I
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- 24-
AGE N DA REV IE W S E S S ION
ITEM # 59310
BY CONSENSUS, thefollowing items shall compose the PLANNING BY CONSENT AGENDA:
L. PLANNING
1. Application of McRJERS, LLC, for closure of a portion of Jefferson Boulevard at
Jefferson Boulevard and Windsor Crescent and a portion of Windsor Crescent north
of Jefferson Boulevard.
DISTRICT 4 - BAYSIDE
3. Variance to 94. 4 (b) of the Subdivision Ordinance that requires all newly created lots
meet the requirements of the City Zoning Ordinance (CZO) for WILBERT H.
LA WRENCE, SR., to subdivide 1564 Back Bay Landing Road.
DISTRICT 7 - PRINCESS ANNE
4. Application of BARRY BEHRMAN / ARROWHEAD PLAZA, LLC, Modification of
Conditions (approved by City Council on April 27, 1993, January 26, 1999 and
March 27, 2001) for expansion of an existing recreation facility.
DISTRICT 2 - KEMPSVILLE
5, Application of5105 PRINCESS ANNE, LLC / FULTON BANK, (ABOUNDING
GRACE ASSEMBLY) re a church at 5102 Princess Anne Road.
DISTRICT 2 - KEMPSVILLE
a. Chanze of Zoning District Classification from B-2 Community Business District
and I-I Light Industrial District to Conditional B-2 Community Business District
b. Conditional Use Permitfor religious use
6. Application of NEW FIRST COLONIAL ASSOCIA TES for a Change of Zoning
District Classification from R-15 Residential District to Conditional 0-1 Office
District re a dental office at 5315 Bonneydale Road.
DISTRICT 2 - KEMPSVILLE
7. Application of JESSUP CONSTRUCTION L.L.C. / JOHN P. MYERSfor a Chanze
of Zoning District Classification from R-40 Residential District to Conditional R-20
Residential District in order to create four (4) lots from two (2) existing lots at 1125
and 1129 Trantwood Avenue.
DISTRICT 5 - LYNNHA VEN DISTRICT
October 27, 2009
- 25 -
AGE N DA REV IE W S E S S ION
ITEM # 59310 (Continued)
Vice Mayor Jones ABSTAINED Pursuant to Section 2.2-3115(E), Code of Virginia, re City Council's
discussion and vote on Item L. 5. Ordinances upon application of 5105 PRINCESS ANNE, LLC /
FULTON BANK, (ABOUNDING GRACE ASSEMBLY) for a Conditional Change of Zoning and
Conditional Use Permit. The property is located at 5102 Princess Anne Road and owned by Fulton Bank.
Vice Mayor Jones has an ownership interest in Fulton Bank and receives more than $10,000 annually in
income from that ownership interest, Vice Mayor Jones' disclosure. dated October 27, 2009, is hereby
made a part of the record
Item L.3. rEariance to S4,4(b) of the Subdivision Ordinance WILBERT H. LAWRENCE, SR.) shall be
DEFERRED INDEFINITELY, BY CONSENT.
Item L.6 (NEW FIRST COLONIAL ASSOCIATES) shall be DEFERRED until the City Council
Session of November 10,2009, BY CONSENT.
Item L. 7 (JESSUP CONSTRUCTION/L.L.C./ JOHN P. MYERS) shall be DEFERRED
IDEFINITELY, BY CONSENT.
October 27, 2009
II I
II
- 26-
ITEM # 59311
Mayor William D, Sessoms, Jr. entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2,2-37 J J (A), Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS: Discussion, consideration of, or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specific public officers, appointees or employees pursuant to Section
2.2-37 J J (A)(J)
Council Appointments: Boards, Commissions, Committees,
Authorities, Agencies and Appointees
Evaluation of Council Appointees
PUBLICLY-HELD PROPERTY: Discussion or consideration of the,
acquisition, or of the disposition of publicly-held property, where
discussion in an open meeting would adversely affect the bargaining
position or negotiating strategy of the public body pursuant to Section
2.2-37 J J (A)(3).
Acquisition/Disposition of City Property: Beach District
Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed
into CLOSED SESSION at 4: 53 P.M.
Voting: J 0-0
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 Absent:
Rosemary Wilson
(Break: 4:54 P.M. - 5:03 P.M.)
(Closed Session: 5:03 P.M. - 5:21 P.M.)
(Appointees 5:21 P.M. - 5:40 P.M.)
and Appointments)
(Dinner: 5:40 P.M. - 5: 55 P.M.)
October 27, 2009
II I
II
- 27-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
October 27,2009
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, October 27,2009, at 6:00 P.M
Council Members Present:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel,
Robert M Dyer, Barbara M Henley, Vice Mayor Louis R, Jones
Mayor William D, Sessoms, Jr" John E. Uhrin, Ron A. Villanueva,
and James 1. Wood
Council Members Absent:
Rosemary Wilson
[Family Vacation - New York City)
INVOCATION: Reverend Seigi Moto
Pastor
The Spirit of Jesus Church of Virginia
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297
Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's
transactions, However, due to the size of TowneBank and the volume of transactions it handles,
TowneBank has an interest in numerous matters in which he is not personally involved and of which he
does not have personal knowledge. In that regard, he is always concerned about the appearance of
impropriety that might arise if he unknowingly participates in a matter before City Council in which
TowneBank has an interest, Mayor Sessoms also has similar concerns with respect to Prudential Towne
Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and
spirit of the State and Local Government Conflict of Interests Act (the "Act ''), it is his practice to
thoroughly review each City Council agenda to identifY any matters in which he might have an actual or
potential conflict. If, during his review of an agenda, he identifies a matter in which he has a "personal
interest ", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter
with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of
March 24, 2009, is hereby made a part of the record.
Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank.
Three (3) years ago, Fulton Financial Corporation ("Fulton Financial'') purchased Resource Bank. On
March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a
Board Member, he owns stock in Fulton Financial, and that stock ownership causes him to have a
"personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of
transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton
Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal
knowledge, In order to ensure his compliance with both the letter and the spirit of the State and Local
Government Conflict of Interests Act, it is his practice to thoroughly review the 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 1 0, 2007, is hereby made a part of the
record.
October 27, 2009
- 28 -
Item - V-E.}
CERTIFICATION
ITEM # 59312
Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered
by Virginia Beach City Council.
Voting: 9-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr" John E.
Uhrin, Ron A. Villanueva, and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel and Rosemary Wilson
October 27, 2009
II I
II
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the
affirmative vote recorded in ITEM #59311, Page 26, and in accordance with the provisions of The Virginia
Freedom of Information Act, and,
WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law,
NOfY, 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.
~-j.il~
th Hodges Fraser, MMC
City Clerk
October 27, 2009
I I
II
- 29-
Item V-F.1
ITEM # 59313
Upon motion by Councilman Dyer, seconded by Councilman Villanueva, City Council APPROVED the
MINUTES of the FORMAL SESSION of October 13,2009.
Voting: 9-0
Council Members Voting Aye:
Glenn R. Davis, William R, "Bill" DeSteph, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E.
Uhrin, Ron A, Villanueva, and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel and Rosemary Wilson
October 27, 2009
II I
II
- 30 -
Item V-G.1.
ADOPTAGENDA
FOR FORMAL SESSION
ITEM # 59314
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
October 27, 2009
- 31 -
Item V-G.2.
ADD-ON
ITEM # 59315
Upon motion by Vice Mayor Jones, seconded by Council Lady Henley, City Council ADDED to the
Consent Agenda as Item 10 (Ordinances/Resolutions):
Resolution DIRECTING the City Clerk to cause the publication of a
notice of public hearing concerning adoption of a Resolution to
APPROVE, AMEND and RESTATE Articles of Incorporation for the
Southeastern Public Service Authority of Virginia
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. Ron A, Villanueva, and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
October 27, 2009
II
- 32 -
Item V-H.J.
PUBLIC HEARING
ITEM # 59316
Mayor Sessoms DECLARED A PUBLIC HEARING:
LEASE OF CITY OWNED PROPERTY - Farmer's Market
Seasons Best Bakery, LLC - space 37
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
October 27, 2009
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- 33 -
Item V-Li.
PUBLIC COMMENT
ITEM # 59317
Mayor Sessoms INVITED PUBLIC COMMENT:
PEMBROKE STRATEGIC GROWTH AREA 4 IMPLEMENTATION PLAN
The following registered to speak in SUPPORT:
Glenn Huff, 2133 Windward Shore Drive, Phone: 481-0589. immediate Past President- Central
Business District Association. This Plan is one of the most significant events in the history of the City.
October 27, 2009
- 34 -
Item V-K.
ORDINANCES/RESOLUTIONS
ITEM # 59318
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE
MOTION Items 1,2,3,4,5,6, 7,8,9 and 10 (ADDED) of the CONSENT AGENDA.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Glenn R, Davis, William R, "Bill" DeSteph, Harry E. Diezel, Robert
M Dyer, Barbara M Henley, Vice Mayor Louis R, Jones, Mayor
William D, Sessoms, Jr., John E. Uhrin, Ron A, Villanueva, and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
October 27, 2009
- 35 -
Item V-K.1a-f
ORDINANCES/RESOLUTIONS
ITEM # 59319
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Ordinances to AMEND Chapter 2 of the City Code to comply with the Virginia State Code:
a. 92-17 Smoking in public meetings
b. 92-21 re notice of Special meetings
c. 92-39 re voting at Special meetings
d 92-60 re City Clerk's duties
e. 92-451 re definition of Boards and Commissions
f 92-475 re notification of audits
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert
M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor
William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
October 27, 2009
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AN ORDINANCE TO AMEND SECTION 2-17 OF THE
CITY CODE PERTAINING TO GENERAL POWERS
AND DUTIES OF THE MAYOR, AMEND SECTION 2-
475 PERTAINING TO NOTIFICATION OF AUDITS
AND AUDIT RELATED ISSUES, AND REPEAL
SECTIONS 2-39 AND 2-60 OF THE CITY CODE
SECTION AMENDED: ~~ 2-17 and 2-475
SECTIONS REPEALED: ~~ 2-39 and 2-60
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Sections 2-17, 2-39, 2-60, 2-475 of the Code of the City of Virginia Beach,
Virginia are hereby amended and reordained to read as follows:
Sec. 2-17. General powers and duties of mayor.
The mayor shall preside over the meetings of the council, with the same powers
and duties as the other members, with a vote, but no veto power. He shall be the
ceremonial head of the city and shall perform such other duties not inconsistent with his
office as may be imposed by the council. He shall call the meetings and he shall have
general direction of the chamber in which the council meets. In case of disturbance or
disorderly conduct, the mayor shall have the chamber cleared. He may, in his
discretion, permit smoking in the chamber.
Sec. 2 39. Reconsidering or rescinding vote at special meeting. Reserved.
No vote sh311 be reconsidered or rescinded at any special meeting of the
council, unless at such meeting there be present as large a number of members as
were present 'Nhen such vote was taken.
Sec. 2 60. Preparation of records for microfilming Reserved.
The clerk of council is hereby authorized to properly prep3re the records,
including minutos of the Virginia Be3ch City Council, and do all things necessary to
implement the processing and microfilming of said records in accordance with the
provisions of section 42.1 83 of the Code ofVirgini3, 1950, as amended.
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Sec. 2-475. Federal, state and other grants. Notification of audits and audit
related issues.
City management shall notify the city auditor of any scheduled external audits as
soon as it is made aware of an upcominq audit. City manaqement shall also notify the
city auditor of any audit- ,related issues pertaininq to 9f violations of federal, state or
local laws and regulations pertaining to involvinq City funds. grants. or resources.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 2ih day of
October, 2009.
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AN ORDINANCE TO AMEND SECTION 2-21 OF THE
CITY CODE PERTAINING TO NOTICE OF SPECIAL
MEETINGS
SECTION AMENDED: 9 2-21
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 2-21 of the Code of the City of Virginia Beach, Virginia is hereby
amended and reordained to read as follows:
Sec. 2-21. Call and notice of special meetings.
The mayor, any three (3) members of the councilor the city manager may call
special meetings of the council at any time upon notice to each member personally
notified at his usual place of business or residence. Such a special meeting may be hold
at 3ny time without notice provided th3t members of the council attend the meeting
Notice. reasonable under the circumstances. of special or emerQencv meetinQ shall be
Qiven contemporaneouslv with the notice provided to the mayor. members of the council
or the city manaQer conductinQ the meetinQ.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 2ih day of
October, 2009.
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AN ORDINANCE TO AMEND SECTION 2-451 OF
THE CITY CODE PERTAINING TO DEFINITION OF
BOARDS, COMMISSIONS AND COMMITTEES
SECTION AMENDED: S 2-451
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 2-451 of the Code of the City of Virginia Beach, Virginia is hereby
added and ordained to read as follows:
Sec. 2-451. Definition of boards, commissions and committees.
Boards shall be defined as those advisory s Council-appointive agencies which
are prescribed by the Virginia State Code as "boards," as well as locally established
bodies, the duty of which pertains to or is governed by federal and state codes or local
ordinances. Terms shall be specified and limited in accordance with the applicable
federal or state codes or local ordinances or resolutions. Those currently established
are as follows:
Board of aBuilding sCode aAppeals
Board of ~loning aAppeals
Chesapeake Bay Preservation Area Board
Community corrections resourco board
Community sServices aBoard
Community Policy and Manaqement Team - CSA At-Risk Youth and Families
Development aAuthority
Director of the Office of Volunteer Resources
Eastern Virqinia Medical School
Francis Land Houso Board of Govornors
Hampton Roads Economic Development Alliance
Health Services Advisory Board
Historical fReview aBoard
Medical College of Hampton Roads
Minority Business Council
North Landinq Scenic River Advisory Board
Pendleton Project Management Board
Personnel aBoard
The pPlanning sCouncil
Public ~.bibrary aBoard
School board
Senior Services of Southeastern Virqinia
Social sService?, aBoard
Southeastern pPublic sService aAuthority (SPSA)
Southeastern Tidewater Opportunity Project, Inc. (STOP)
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Southeastern Virginia J\re::l'.vide Model Program
Sports ^uthority of Hampton Roads, Virginia
Task force for youthful substance abuse
Tidewater Community College Board
Tidewater Detention Board
Towinq Advisory Board
Virginia Beach Community Development Corporation
Wetlands aBoard.,.
Workforce Housinq Advisory Board
Commissions shall be defined as those advisory e Council-appointive agencies
which are prescribed by the Virginia State Code as "commissions," plus those locally
established for a specific purpose with budgetary responsibility and a structured
organization with an annual report to city council. Terms shall be specified and limited in
accordance with applicable state statutes or city ordinances or resolutions. Those
currently established are as follows:
Aqricultural Advisory Commission
Arts and RHumanities eCommission
Beaches and Waterways Commission
Community Medical Advisory Commission
Constitution celebration commission
Hampton Roads I\ir Pollution Control District Commission
Hampton Roads Planninq District Commission - HRPDC
Historic Preservation Commission
Human Riqhts Commission
Military liaison commission
Parks and fRecreation eCommission
Planning eCommission
Resort afea aAdvisory eCommission
Southeastern Virginia Planning District Commission
Tidewater Transportation District Commission
Tidewater Youth Services Commission
Transportation saf-ety commission.
Committees shall be defined as those short-term advisory agencies appointed
by e City e Council for specific studies with regular reporting periods to the governing
body and which shall be automatically abolished when their mission is accomplished
and the final report filed with the e City e Clerk for distribution to e City e Council. Those
currently established are as follows:
Advertising Advisory sSelection eCommittee
Audit Committee
Bavfront Advisory Committee
Bikeways and Trails Advisory Committee
Bond referendum committee
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Citizens advisory committee (C3C)
Emplovee Benefits Review Task Force
Military Economic Development Advisory Committee
Oceana Land Use Conformity Committee
Open Space Advisory Committee
Review and Allocation Committee
Twenty fifth anni'.'ersary celebration committee.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 2th day of
October, 2009.
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Item V-K.2.
ORDINANCES/RESOLUTIONS
ITEM # 59320
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Ordinance to A UTHORIZE an employment contract with the City Manager
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Glenn R, Davis, William R, "Bill" DeSteph, Harry E. Diezel, Robert
M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor
William D. Sessoms, Jr" John E. Uhrin, Ron A, Villanueva, and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
October 27, 2009
1 AN ORDINANCE APPROVING AN EMPLOYMENT
2 CONTRACT FOR THE CITY MANAGER
3
4 WHEREAS, the most recent contract between the City and the City Manager
5 regarding his employment will expire on November 30, 2009; and
6
7 WHEREAS, the parties desire to renew that contract, with certain amendments,
8 to November 30,2011.
9
10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
11 VIRGINIA BEACH VIRGINIA:
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13 That the employment contract between the City of Virginia Beach and the City
14 Manager, for the term of December 1, 2009 to November 30, 2011, attached hereto, is
15 approved, and the Mayor is authorized to execute the contract on behalf of the City.
Adopted by the Council of the City of Virginia Beach, Virginia on the 27th
day of Octohpr ,2009.
APPROVED AS TO LEGAL
SUFFICIENCY:
R~~
City Attorney's Office
~
CA11307 October 14, 2009 R-1
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EMPLOYMENT AGREEMENT
This Agreement is entered into this day of , ~2009 by
and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, hereinafter
referred to as "City" and JAMES K. SPORE, hereinafter referred to as "Employee."
WITNESSETH
WHEREAS, by agreement dated November 12, 1991, the City of Virginia Beach
employed James K. Spore as its City Manager for a term commencing November 25, 1991, and
ending November 30, 1996;
WHEREAS, by further agreement dated November 12, 1996, the City of Virginia Beach
continued the employment of James K. Spore as its City Manager for a term commencing
November 25, 1996 and ending November 30, 2001;
WHEREAS, by further agreement dated August 28, 2001, the City of Virginia Beach
continued the employment of James K. Spore as its City Manager for a term commencing
December 1, 2001 and ending November 30,2006;
WHEREAS. by further agreement dated June 27. 2007. the City of Virginia Beach
continued the employment of James K. Spore as its City Manager for a term commencing on
December L 2006 and ending November 30. 2009:
WHEREAS, the City wishes to continue the employment of James K. Spore as its City
Manager;
WHEREAS, James K. Spore agrees to accept such continued employment; and
WHEREAS, the parties hereto desire to set forth herein the terms and conditions of such
continued employment.
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NOW, THEREFORE, for and in consideration of the mutual covenants and obligations
set forth herein and other good and valuable consideration, the parties hereto agree as follows:
Article I - Duties
(a) Employee shall perform the functions and duties of the position of City Manager
in accordance with the provisions of the Charter of the City of Virginia Beach and all other
applicable statutes and ordinances.
(b) Employee shall perform such functions and duties in accordance with the policy
and direction of the City Council.
(c) Employee shall also perform any other legally permissible duties or functions as
the City Council may deem appropriate to assign him at any time during the term hereof.
Article II - Term of Ae:reement
(a) Except as otherwise provided herein, this Agreement shall commence December
1, ~2009, and end November 30, ~2011.
(b) Except as provided by Article III, below, during the term hereof, Employee agrees
to remain in the exclusive employ ofthe City.
(c) Nothing herein shall be deemed to limit in any way the authority of City Council
to terminate the Employee at any time; provided, however that such termination shall be in
accordance with the provisions of Article III, below.
(d) Nothing herein shall be deemed to limit the right of Employee to voluntarily
resign; provided, however, that such resignation shall be in accordance with Article III, below.
Article III - Termination and Resie:nation: Severance Pay
(a) In the event the Employee is terminated by the City before the expiration of the
telm ofthis Agreement, he shall receive as severance pay an amount equal to twelve (12) months
of his base salary. All other benefits hereunder shall cease as of the date of termination.
However, if Employee is terminated for misfeasance, malfeasance, or nonfeasance in office, all
compensation by the City shall end as of the date of termination
(b) If Employee voluntarily resigns, then all compensation and benefits shall cease as
of the effective date of such resignation. Employee shall give the City ninety (90) days written
notice of any such resignation; provided, however, it is expressly understood that City Council
may, in its sole discretion waive any or all of this ninety (90) day notice requirement.
( c) In the event the City, at any time during the employment of Employee, reduces
the salary or other fringe benefits of Employee by a percentage greater than the percentage of
any across-the-board reduction for all City employees, or refuses to comply with any other
provisions of the Agreement benefiting Employee, or in the event Employee resigns following
the request of a majority of the members of City Council that he resign; then Employee may, at
his option, be deemed to have been "terminated", and shall receive severance pay in accordance
with Article II ofthis Agreement.
Article IV - Compensation
This Agreement reflects the salary and benefits for Employee that were established by
City Council in Ordinance # 2955N 3049F, adopted on Junc 27, 2006 September 2, 2008. This
Agreement contemplates that the salary and benefits set forth herein may be adjusted by City
Council annually, by ordinance.
City Council agrees to pay Employee for services rendered pursuant hereto an annual
I gross salary of Two Hundred Seycn Nineteen Thousand ~Seven Hundred Scvcnty
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F-emFifteen Dollars and llight-Seven Cents ($207,571.08219,715.07), payable in installments at
the same time and in the same manner as other City employees are paid. Such annual gross
salary will be increased annually by ordinance in an amount no less than the average increase for
all other City employees for the corresponding fiscal year unless Employee has received an
unsatisfactory performance evaluation.
In addition to the salary described above, the City agrees to contribute Twenty Thousand
Five Hundred Dollars ($20,00Q500) per year as deferred compensation, for the benefit of
Employee, to the International City Management Retirement Corporation. This amount may be
adjusted by City Council annually, by ordinance.
Article V - Automobile Allowance
In lieu of supplying a City-owned vehicle for use by Employee in conducting City
business, City agrees to pay Employee a car allowance as additional salary in the sum of One
Thousand Dollars (1000.00) per month and in addition, Employee shall be reimbursed for
business mileage at the same rate at which other City employees are reimbursed. Said sum for
car allowance may be increased from time to time by action of the City Council. In
consideration thereof, Employee shall provide his own vehicle and shall be solely responsible for
all fuel, maintenance, insurance, and other expenses related thereto. This allowance amount may
be adjusted by City Council annually, by ordinance.
Article VI - Frin2e Benefits
(a) In addition to the Compensation set forth in Article IV and the Automobile
Allowance set forth in Article V, the City agrees to provide the same hospitalization and medical
insurance coverage available to all City employees and to pay, on behalf of Employee, the total
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premium for family hospitalization and medical insurance, including vision and dental coverage
as provided all other City employees.
(b) Employee shall receive fringe benefits such as annual leave, sick leave, life
insurance, hospitalization, Virginia Retirement System, etc. in accordance with existing City
policies and ordinance as applicable to all other City employees. Nothing herein shall be
constructed to prevent changes in the nature of such benefits to Employee should such benefits
be subsequently altered for all other City employees.
(c) The City will pay up to Two Thousand Six Hundred Eighty Four ($2,684)
annually on behalf of the City Manager in premiums for long term care insurance. This amount
may be adjusted by City Council annually, by ordinance.
Article VII - Hours of Employment
It is recognized that the nature of Employee's position requires flexible hours. Therefore,
Employee in consideration of his compensation shall work whatever hours are necessary to
satisfactorily perform the functions and duties of City Manager.
Article VIII - Dues and Subscriptions
City agrees to pay professional dues and subscriptions of Employee necessary for its
membership and participation in national, regional, state, and local associations and
organizations of a job-related nature and for travel and associated expenses of Employer to
secure his attendance at professional meetings and conferences, as budgeted and approved by the
City Council.
Article IX - General Business Related Expenses
Except as specifically provided in Articles V and VIII, the City agrees to reimburse
Employee for job-related expenditures in accordance with existing City policy.
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Article X - Other Terms and Conditions of Employment
(a) The City agrees to evaluate the performance of Employee at least once each year.
All aspects of such evaluation shall be treated confidentially by the City and Employee subject to
the provisions of the Freedom of Information Act.
(b) The City Council may at any time prescribe any other terms and conditions of
employment related to Employee's performance as City Manager as it may deem necessary,
provided such terms and conditions are not inconsistent with the specific provisions of this
Agreement.
(c) City agrees to provide self-insurance coverage and legal counsel for Employee in
matters relating to his official duties within the scope of his employment, as is provided to all
other City employees.
(d) All provisions of state or city law or policy relating to terms and conditions of
municipal employment generally as they now exist or may hereafter be amended shall apply to
Employee; provided however, that should any such law or policy be so changed as to be
inconsistent with the terms hereof, this Agreement shall be deemed amended so as to comply
with such law or policy.
(e) The text herein shall constitute the entire Agreement between the parties and shall
only be amended by a writing executed by both parties.
(t) If any provision hereof shall be deemed unlawful, invalid, ultra vires, or
otherwise unenforceable, the remainder of the Agreement shall be deemed severable and shall
remain in full force and effect.
(g) This Agreement supersedes any other agreement between the parties.
IN WITNESS WHEREOF, the City of Virginia Beach has caused this Agreement to be
executed on its behalf by its mayor in accordance with an ordinance of the City Council
authorizing such execution, and Employee, James K. Spore, has executed this Agreement, both
the day and year first above written.
CITY OF VIRGINIA BEACH
BY
Mayor
BY
James K. Spore
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Item V-K.3a-e
ORDINANCES/RESOLUTIONS
ITEM # 59321
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Ordinances re COMPENSATION:
a. City Manager
b. City Attorney
c, City Clerk
d. City Real Estate Assessor
e, City Auditor
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Glenn R, Davis, William R. "Bill" DeSteph *, Harry E. Diezel,
Robert M Dyer, Barbara M Henley, Vice Mayor Louis R, Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A, Villanueva,
and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
Councilman DeSteph voted a VERBAL NA Y on 3.a. (Compensation re City Manager)
October 27, 2009
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AN ORDINANCE PERTAINING TO THE
COMPENSATION OF THE CITY MANAGER
WHEREAS, City Council has evaluated the performance of the City Manager;
and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the annual salary of the City Manager shall remain at $219,715.07.
2. That the City's contribution to the City Manager's deferred compensation
plan shall remain at $20,500 annually.
3.
annually.
That the car allowance of the City Manager shall remain at $12,000
Adopted by the Council of the City of Virginia Beach, Virginia, on the 27th
day of October ,2009.
APPROVED AS TO LEGAL
SUFFICIENCY:
?~r
City Attorney's Office
CA 11305 October 21, 2009 R-2
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AN ORDINANCE PERTAINING TO THE
COMPENSATION OF THE CITY
ATTORNEY
WHEREAS, City Council has evaluated the performance of the City Attorney;
and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the salary of the City Attorney shall remain at $185,000.
2. That the City's contribution to the City Attorney's deferred compensation
plan shall remain at $10,000 annually.
3.
annually.
That the car allowance of the City Attorney shall remain at $10,000
Adopted by the Council of the City of Virginia Beach, Virginia, on the 27th
day of October ,2009.
APPROVED AS TO LEGAL
SUFFICIENCY:
"e~~F
City Attorney's Offi
CA11304 October 14, 2009 R-1
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AN ORDINANCE PERTAINING TO THE
COMPENSATION OF THE CITY CLERK
WHEREAS, City Council has evaluated the performance of the City Clerk; and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the salary of the City Clerk shall remain at $104,075.74.
2. That the car allowance of the City Clerk shall remain at $10,000 annually.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 27th
day of October ,2009.
APPROVED AS TO LEGAL
SUFFICIENCY:
:'?~E=
City Attorney's 0 ce
CA11302 October 14, 2009 R-1
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AN ORDINANCE PERTAINING TO THE
COMPENSATION OF THE CITY REAL
ESTATE ASSESSOR
WHEREAS, City Council has evaluated the performance of the City Real Estate
Assessor; and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the salary of the City Real Estate Assessor shall remain at
$120,683.77.
2. That the City shall continue to contribute $4,000 to the City Real Estate
Assessor's deferred compensation plan.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 27th
day of October ,2009.
APPROVED AS TO LEGAL
SUFFICIENCY:
2~~
City Attorney's Office
CA 11301 October 21, 2009 R-4
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AN ORDINANCE PERTAINING TO
THE COMPENSATION OF THE CITY
AUDITOR
WHEREAS, City Council has evaluated the performance of the City Auditor; and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the salary of the City Auditor shall remain at $96,000.
2. That the car allowance of the City Auditor shall remain at $6,000 annually.
Adopted by the Council of the City of Virginia Beach, Virginia, on the ?7t-h
day of October , 2009.
APPROVED AS TO LEGAL
SUFFICIENCY:
-;ii9 /7" j if.
/_~
City Attorney's 0 Ice
CA 11303 October 14, 2009 R-2
- 38 -
Item V-K.4.
ORDINANCES/RESOLUTIONS
ITEM # 59322
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Resolution to SUPPLEMENT the 2010 Community Legislative Agenda
to propose conversion of the Clerk of Circuit Court's Office to a City
agency
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert
M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor
William D, Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
October 27, 2009
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REQUESTED BY COUNCILMEMBER DAVIS
1 A RESOLUTION SUPPLEMENTING THE 2007
2 COMMUNITY LEGISLATIVE AGENDA BY
3 ADDING A PROPOSAL FOR LEGISLATION
4 REGARDING CONVERSION OF THE VIRGINIA
5 BEACH CLERK OF CIRCUIT COURT'S OFFICE
6 TO A CITY AGENCY
7
8
9 WHEREAS, on September 22, 2009, the City Council adopted its 2010
10 Community Legislative Agenda and requested that members of the City's local
11 Delegation to the General Assembly sponsor and/or support legislation therein; and
12
13 WHEREAS, state legislation is needed to add the City of Virginia Beach to the list
14 of localities where circuit court clerk's offices are city agencies;
15
16 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
17 VIRGINIA BEACH, VIRGINIA:
18
19 That the City Council hereby amends its 2010 Community Legislative Agenda by
20 adding the attached request for legislation regarding the Virginia Beach Clerk of Circuit
21 Court's Office.
22
23 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
24 BEACH, VIRGINIA:
25
26 That the City Clerk is hereby directed to transmit a copy of this Resolution and
27 the attachment to each member of the City's Delegation to the General Assembly.
28
29 Adopted by the City Council of the City of Virginia Beach, Virginia, this 77t-h
30 day of October , 2009.
31
APPROVED AS TO LEGAL SUFFICIENCY:
/~~~
City Attorney's Office
CA11298
R-1
October 6, 2009
18. CONVERSION OF THE VIRGINIA BEACH CLERK OF CIRCUIT COURT'S OFFICE TO A
CITY AGENCY
Counci/member Glenn Davis
Background Informauon:
The State Code establishes an Office of the Clerk of the Circuit Court in each Virginia city and
county. The Clerk is charged with the custody, safekeeping and proper indexing of legal
documents deposited in her office. For those matters before the City's only court of record, the
Clerk's Office is responsible for the filing of all civil suits, docketing and filing of criminal
actions, filing divorce suits, and filing adoption petitions. The Second Judicial Circuit, which
consists of Virginia Beach, has the second largest caseload in the State.
Most offices, including Virginia Beach's, are state agencies. All of the fees collected by the
Clerk's Office are paid into the State's General Fund. If the fees collected exceed the State's
portion of salaries and other expenses associated with the Office, the State Code provides the
excess fees to be partially returned to the locality. In the past, the City (by statute) kept two-
thirds of these excess fees. However, due to a legislative change, the City's current portion of
excess fees is one-third, with the State getting the other two-thirds.
For FY 2009-10, the total budget for the Clerk's Office is almost $2.8 million. The State
Compensation Board reimburses the City for a portion of that cost. The amounts reimbursed by
the Board include the employee salaries of approved positions and some of the fringe benefits of
the state-funded positions. The unreimbursed amounts paid by the City include five positions
that are not funded by the Board, the City's portion of fringe benefits, the cost of vacation,
compensatory and sick leave, and supplies and equipment.
Due to recent state budget cuts, the Compensation Board has reduced its reimbursement by
$259,122, which left the Clerk of Circuit Court with no choice but to layoff eleven employees,
or approximately 20% of her staff. The Clerk has had to reduce the hours of operation of her
office. Despite the best efforts to meet the needs of the public, these reductions will ultimately
have a cost in the form of customer services and timely legal process. Also, this reduction in
funding came despite the fact that Virginia Beach's Clerk's Office, unlike most clerk's offices
statewide, generates more in fines and fees than it expends on salaries and other expenses.
For more than a decade, state law has provided that the offices of the clerks of circuit court in
Newport News and in Richmond shall be city agencies, not state entities. This conversion has
allowed those cities to better staff their clerks' offices, and, thus better meet the needs of the
residents they serve.
Request:
The City requests that the General Assembly amend Virginia Code S 17.1-288 to add the City of
Virginia Beach to the list of localities where circuit court clerk's offices are city agencies.
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Item V-K5.
ORDINANCES/RESOLUTIONS
ITEM # 59323
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Resolution to DIRECT the City Manager and City Attorney to
investigate capturing fee revenue generated by the Clerk of Circuit
Court
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert
M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor
William D. Sessoms, Jr.. John E. Uhrin. Ron A. Villanueva, and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
October 27, 2009
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REQUESTED BY COUNCILMEMBER DAVIS
1 A RESOLUTION DIRECTING THE CITY MANAGER
2 AND THE CITY ATTORNEY TO INVESTIGATE WAYS
3 FOR THE CITY TO CAPTURE FEE REVENUE
4 GENERATED BY THE CLERK OF THE CIRCUIT
5 COURT
6
7 WHEREAS, as in past years, the Clerk of the Circuit Court of Virginia Beach in
8 FY 2009 generated more fee revenue than it expended on salaries and other expenses,
9 which resulted in the generation of excess revenue for the state; and
10
11 WHEREAS, the State Compensation Board recently reduced the Clerk's Office
12 budget reimbursement, which required the reduction of approximately 20% of that
13 office's staff; and
14
15 WHEREAS, the state's budget reduction has forced the Clerk's Office to shorten
16 its hours of operation; and
17
18 WHEREAS, no reduction in the percentage of fees payable to the state was
19 made to correspond with the state's reduction in budget reimbursement; and
20
21 WHEREAS, the reduced staff and hours of operation increase the potential for
22 errors, public inconvenience, and, as occurred in another local jurisdiction, the
23 inadvertent release of criminals and criminal suspects; and
24
25 WHEREAS, if the City is able to capture fee revenue generated by the Clerk's
26 Office, these funds can be used to adequately staff the Office and restore the previous
27 hours of operation, which will promote the interests of public safety and convenience.
28
29 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
30 VIRGINIA BEACH, VIRGINIA:
31
32 That the City Council hereby directs the City Manager and the City Attorney to
33 investigate ways for the City to capture fee revenue generated by the Clerk of the
34 Circuit Court.
Adopted by the City Council of the City of Virginia Beach, Virginia, this 27th
day of October ,2009.
APPROVED AS TO LEGAL SUFFICIENCY:
'{~~<~
City ttorney's fflce
CA11297
R-1
October 9, 2009
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Item V-K.6.
ORDINANCES/RESOLUTIONS
ITEM # 59324
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Resolution to PROVIDE for issue and sale of $130,000,000 in General
Obligation Public Improvement Refunding Bonds
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Glenn R, Davis, William R, "Bill" DeSteph. Harry E. Diezel, Robert
M Dyer, Barbara M Henley, Vice Mayor Louis R, Jones, Mayor
William D. Sessoms, Jr., John E. Uhrin, Ron A, Villanueva, and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
October 27,2009
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RESOLUTION OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, PROVIDING FOR THE ISSUANCE AND SALE
OF GENERAL OBLIGATION PUBLIC IMPROVEMENT
REFUNDING BONDS SERIES 2009A AND SERIES 2009B IN
THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF
$130,000,000, AND PROVIDING FOR THE FORM, DETAILS
AND PAYMENT THEREOF
The City has previously issued its $48,500,000 General Obligation Public Improvement
Bonds, Series 2001 (the "Series 2001 Bonds") of which $12,125,000 is outstanding; $95,000,000
General Obligation Public Improvement and Refunding Bonds, Series 2002 (the "Series 2002
Bonds") of which $27,275,000 is outstanding; $65,000,000 General Obligation Public
Improvement Bonds, Series 2004A (the "Series 2004A Bonds") of which $48,750,000 is
outstanding; $80,000,000 General Obligation Public Improvement Bonds, Series 2005 (the "Series
2005 Bonds") of which $68,000,000 is outstanding; $75,000,000 General Obligation Public
Improvement Bonds, Series 2007 (the "Series 2007 Bonds") of which $63,750,000 is outstanding;
$90,000,000 General Obligation Public Improvement Bonds, Series 2008 (the "Series 2008
Bonds"), of which $81,000,000 is outstanding; and its $72,000,000 General Obligation Public
Improvement Bonds, Series 2009 (the "Series 2009 Bonds"), of which $72,000,000 is outstanding.
It has been recommended to the City Council by the Financial Advisor that the City may achieve
certain debt service savings by refunding all or a portion of the Series 200 I Bonds, Series 2002
Bonds, Series 2004A Bonds, Series 2005 Bonds, Series 2007 Bonds, Series 2008 Bonds and
Series 2009 Bonds (collectively, the "Prior Bonds") through the issuance of general obligation
refunding bonds in the maximum aggregate principal amount of$130,000,000.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. Issuance of Bonds. There shall be issued, pursuant to the Constitution and
statutes of the Commonwealth of Virginia, including the City Charter (Chapter 147 of the Acts of
the General Assembly of 1962, as amended) and the Public Finance Act of 1991 (Chapter 26, Title
15.2, Code of Virginia of 1950, as amended), general obligation refunding bonds of the City in the
maximum principal amount of $130,000,000 (the "Bonds"). The proceeds of the Bonds will be
used to refund the Prior Bonds or selected maturities or portions of maturities thereof, to pay the
costs of issuance of the Bonds and costs related thereto as herein authorized.
2. Bond Details. The Bonds may be issued in two series and if issued as separate
series shall be designated "General Obligation Public Improvement Refunding Bonds, Series
2009A," and "General Obligation Public Improvement Refunding Bonds, Series 2009B" or such
other designation as may be determined by the City Manager, shall be in registered form, shall be
dated such date as may be determined by the City Manager, shall be in denominations of $5,000
and integral multiples thereof and shall be numbered R -lor RF -1 upward. The Bonds if issued as
separate series may be issued at the same time or at different times as determined by the City
Manager in consultation with the Financial Advisor, and the principal amount of each series of
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Bonds shall be determined by the City Manager in his discretion in consultation with the Financial
Advisor. Subject to Section 9, the issuance and sale of the Bonds are authorized on terms as shall
be satisfactory to the City Manager; provided, that the Bonds (a) shall have a "true" or "Canadian"
interest cost not to exceed 4.5% (taking into account any original issue discount or premium), (b)
shall be sold to the purchaser thereof at a price not less than 99.0% of the principal amount thereof
(not taking into account any original issue discount or premium), (c) shall be subject to optional
redemption in accordance with the terms and conditions set forth in Section 4, and (d) shall mature
annually in installments through serial maturities or mandatory sinking fund payments beginning
no later than July 15,2010 and ending no later than July 15,2024.
Each Bond shall bear interest at such rate as shall be determined at the time of sale,
calculated on the basis of a 360-day year of twelve 30-day months, and payable semiannually on
dates determined by the City Manager. Principal shall be payable to the registered owners upon
surrender of Bonds as they become due at the office of the Registrar (as hereinafter defined).
Interest shall be payable by check or draft mailed to the registered owners at their addresses as
they appear on the registration books kept by the Registrar on a date prior to each interest payment
date that shall be determined by the City Manager (the "Record Date"). Principal, premium, if
any, and interest shall be payable in lawful money of the United States of America.
Initially, one Bond certificate for each maturity of the Bonds shall be issued to and
registered in the name of The Depository Trust Company, New York, New York ("DTC"), or its
nominee. The City has heretofore entered into a Blanket Issuer Letter of Representations relating
to a book-entry system to be maintained by DTC with respect to the Bonds. "Securities
Depository" shall mean DTC or any other securities depository for the Bonds appointed pursuant
to this Section 2.
In the event that (a) the Securities Depository determines not to continue to act as the
securities depository for the Bonds by giving notice to the Registrar, and the City discharges its
responsibilities hereunder, or (b) the City, in its sole discretion, determines (i) that beneficial
owners of Bonds shall be able to obtain certificated Bonds or (ii) to select a new Securities
Depository, then the City's Director of Finance shall, at the direction of the City, attempt to locate
another qualified securities depository to serve as Securities Depository and authenticate and
deliver certificated Bonds to the new Securities Depository or its nominee, or authenticate and
deliver certificated Bonds to the beneficial owners or to the Securities Depository participants on
behalf of beneficial owners substantially in the form provided for in Section 6; provided, that such
form shall provide for interest on the Bonds to be payable (A) :from the date of the Bonds if they
are authenticated prior to the fust interest payment date, or (B) :from the interest payment date that
is or immediately precedes the date on which the Bonds are authenticated (unless payment of
interest thereon is in default, in which case interest on such Bonds shall be payable :from the date
to which interest has been paid). In delivering certificated Bonds, the City's Director of Finance
shall be entitled to rely on the records of the Securities Depository as to the beneficial owners or
the records of the Securities Depository participants acting on behalf of beneficial owners. Such
certificated Bonds will then be registrable, transferable and exchangeable as set forth in Section 8.
So long as there is a Securities Depository for the Bonds, (1) it or its nominee shall be the
registered owner of the Bonds, (2) notwithstanding anything to the contrary in this Resolution,
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determinations of persons entitled to payment of principal, premium, if any, and interest, transfers
of ownership and exchanges, and receipt of notices shall be the responsibility of the Securities
Depository and shall be effected pursuant to rules and procedures established by such Securities
Depository, (3) the Registrar and the City shall not be responsible or liable for maintaining,
supervising or reviewing the records maintained by the Securities Depository, its participants or
persons acting through such participants, (4) references in this Resolution to registered owners of
the Bonds shall mean such Securities Depository or its nominee and shall not mean the beneficial
owners of the Bonds, and (5) in the event of any inconsistency between the provisions of this
Resolution and the provisions of the above-referenced Blanket Issuer Letter of Representations,
such provisions of the Blanket Issuer Letter of Representations, except to the extent set forth in
this paragraph and the next preceding paragraph, shall control.
3. Refundine: Provisions.
The City Manager is authorized and directed to select the principal maturities of the Prior
Bonds or portions of such maturities to be refunded and to cause to be called for optional
redemption any such maturity or portion thereof to be redeemed prior to its stated maturity in
accordance with the provisions of such bonds; provided such maturities or portions thereof
selected are expected in the aggregate to provide a minimum savings of 2.85% on a net present
value basis as determined by the Financial Advisor. In connection with the refunding herein
authorized, the City Manager, if determined necessary or appropriate in consultation with the
Financial Advisor, is authorized to retain the services of independent consultants to provide
verification reports (the "Verification Agent") on aspects of the refunding and is further authorized
to retain the services of one or more escrow agents (the "Escrow Agent") and to enter into escrow
agreements with them to the extent needed to hold portions of the proceeds of the Bonds and other
funds as needed pending their application to refund the Prior Bonds or portions thereof selected to
be refunded.
4. Redemption Provisions.
(a) Optional Redemption. The Bonds shall be subject to redemption prior to maturity
at the option of the City Manager, in whole or in part, at any time on or after dates, if any,
determined by the City Manager, beginning no later than July 15,2019 at a redemption price equal
to the principal amount to be redeemed, together with any interest accrued to the date fixed for
redemption, plus a redemption premium not to exceed 2% of the principal amount to be redeemed,
such redemption premium to be determined by the City Manager.
(b) Mandatorv Sinking Fund Redemption. Any term bonds may be subject to
mandatory sinking fund redemption upon terms determined by the City Manager.
If so determined by the City Manager, the Bonds may provide that the City may take a
credit against the mandatory sinking fund redemption obligation of any maturity of term Bonds in
the amount of Bonds of the same maturity that have been optionally redeemed or surrendered for
cancellation and have not been applied previously as such a credit. If the City wishes to take such
a credit, on or before the 70th day next preceding any such mandatory sinking fund redemption
date, the City's Director of Finance may instruct the Registrar to apply a credit against the City's
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mandatory sinking fund redemption obligation for any Bonds of the applicable maturity that have
been optionally redeemed or surrendered for cancellation by the City and have not been previously
applied as a credit against any mandatory sinking fund redemption obligation for that maturity of
the Bonds. Each Bond so previously optionally redeemed or surrendered shall be credited at
100% of the principal amount thereof against the principal amount of such maturity of the Bonds
required to be redeemed on such mandatory sinking fund redemption date or dates for such
maturity as may be selected by the Director of Finance.
(c) Selection of Bonds for Redemption. If less than all of the Bonds are called for
optional redemption, the maturities of the Bonds to be redeemed shall be selected by the City's
Director of Finance in such manner as may be determined to be in the best interest of the City. If
less than all of a particular maturity of the Bonds are called for redemption, the Bonds within such
maturity to be redeemed shall be selected by the Securities Depository pursuant to its rules and
procedures or, if the book-entry system is discontinued, shall be selected by the Registrar by lot in
such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any
Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof
and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that
number of Bonds that is obtained by dividing the principal amount of such Bond by $5,000.
(d) Redemption Notices. The City shall cause notice of the call for redemption
identifying the Bonds or portions thereof to be redeemed to be sent by facsimile transmission,
registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days
prior to the redemption date, to the registered owner of the Bonds. The City shall not be
responsible for mailing notice of redemption to anyone other than DTC or another qualified
Securities Depository or its nominee unless no qualified Securities Depository is the registered
owner of the Bonds. If no qualified Securities Depository is the registered owner of the Bonds,
notice of redemption shall be mailed to the registered owners of the Bonds. If a portion of a Bond
is called for redemption, a new Bond in principal amount equal to the unredeemed portion thereof
will be issued to the registered owner upon the surrender thereof.
5. Execution and Authentication. The Bonds shall be signed by the manual or
facsimile signature of the Mayor or Vice-Mayor, shall be countersigned by the manual or
facsimile signature of the City Clerk or Deputy Clerk, and the City's seal shall be affixed thereto
or a facsimile thereof printed thereon; provided, that if both of such signatures are facsimiles, no
Bond shall be valid until it has been authenticated by the manual signature of the City Treasurer,
as Registrar, or an authorized officer or employee of any bank or trust company serving as
successor Registrar and the date of authentication noted thereon.
6. Bond Form. The Bonds shall be in substantially the form attached to this
Resolution as Exhibit A, with such completions, omissions, insertions and changes not
inconsistent with this Resolution as may be approved by the officers signing the Bonds, whose
approval shall be evidenced conclusively by the execution and delivery of the Bonds.
7. Plede:e of Full Faith and Credit. The full faith and credit of the City are
irrevocably pledged for the payment of the principal of, premium, if any, and interest on the
Bonds. Unless other funds are lawfully available and appropriated for timely payment of the
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Bonds, the City Council shall levy and collect an annual ad valorem tax, over and above all other
taxes authorized or limited by law and without limitation as to rate or amount, on all locally
taxable property in the City sufficient to pay when due the principal of, premium, if any, and
interest on the Bonds.
8. Ree:istration. Transfer and Owners of Bonds. The City Treasurer is
appointed paying agent and registrar for the Bonds (the "Registrar"). The City may appoint a
qualified bank or trust company as successor paying agent and registrar of the Bonds. The
Registrar shall maintain registration books for the registration and registration of transfers of the
Bonds. Upon presentation and surrender of any Bonds at the office of the Registrar, or at its
designated corporate trust office if the Registrar is a bank or trust company, together with an
assignment duly executed by the registered owner or his duly authorized attorney or legal
representative in such form as shall be satisfactory to the Registrar, the City shall execute, and the
Registrar shall authenticate, if required by Section 5, and shall deliver in exchange, a new Bond or
Bonds having an equal aggregate principal amount, in authorized denominations, of the same form
and maturity, bearing interest at the same rate and registered in the name as requested by the then
registered owner thereof or its duly authorized attorney or legal representative. Any such transfer
or exchange shall be at the expense of the City, except that the Registrar may charge the person
requesting such transfer or exchange the amount of any tax or other governmental charge required
to be paid with respect thereto.
The Registrar shall treat the registered owner as the person or entity exclusively entitled to
payment of principal, premium, if any, and interest and the exercise of all other rights and powers
of the owner, except that interest payments shall be made to the person or entity shown as owner
on the registration books as of the Record Date.
9. Sale of Bonds. The City Council approves the following terms of the sale of the
Bonds. The Bonds shall be sold by competitive bid in a principal amount to be determined by the
City Manager, in collaboration with the Financial Advisor, subject to the limitations set forth in
Sections 1 and 2, and the City Manager shall receive bids for the Bonds, which bids may be
received separately on each series of Bonds, and award the Bonds to the bidder or bidders
providing the lowest ''true'' or "Canadian" interest cost, subject to the limitations set forth in
Section 2. Following the sale of the Bonds, the City Manager shall file a certificate with the City
Clerk setting forth the final terms of the Bonds. The actions of the City Manager in selling the
Bonds shall be conclusive, and no further action with respect to the sale and issuance of the Bonds
shall be necessary on the part of the City Council.
10. Notice of Sale: Bid Form. The City Manager, in collaboration with the Financial
Advisor, is authorized and directed to take all proper steps to advertise the Bonds for sale
substantially in accordance with the form of the Official Notice of Sale and the form of the
Official Bid Form, which forms are attached as an Appendix to the draft of the Preliminary
Official Statement described in Section 11 below, and which forms are approved; provided, that
the City Manager, in collaboration with the Financial Advisor, may make such changes in the
Official Notice of Sale and the Official Bid Form not inconsistent with this Resolution as he may
consider to be in the best interest of the City.
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11. Official Statement. A draft of a Preliminary Official Statement describing the
Bonds, a copy of which has been provided or made available to each member of the City Council,
is approved as the form of the Preliminary Official Statement by which the Bonds will be offered
for sale, with such completions, omissions, insertions and changes not inconsistent with this
Resolution as the City Manager, in collaboration with the Financial Advisor, may consider
appropriate. After the Bonds have been sold, the City Manager, in collaboration with the
Financial Advisor, shall make such completions, omissions, insertions and changes in the
Preliminary Official Statement not inconsistent with this Resolution as are necessary or desirable
to complete it as a final Official Statement, execution thereof by the City Manager to constitute
conclusive evidence of his approval of any such completions, omissions, insertions and changes.
The City shall arrange for the delivery to the purchaser or purchasers of the Bonds of a reasonable
number of copies of the final Official Statement by the earlier of seven business days after the
Bonds have been sold or the date of issuance thereof, for delivery to each potential investor
requesting a copy of the Official Statement and for delivery to each person to whom such
purchaser or purchasers initially sells Bonds.
12. Official Statement Deemed Final. The City Manager is authorized, on behalf of
the City, to deem the Preliminary Official Statement and the Official Statement in final form as of
their respective dates within the meaning of Rule 15c2-12 ("Rule 15c2-12") of the Securities and
Exchange Commission (the "SEC"), except for the omission in the Preliminary Official Statement
of certain pricing and other information permitted to be omitted pursuant to Rule 15c2-12. The
distribution of the Preliminary Official Statement and the Official Statement in final form shall be
conclusive evidence that each has been deemed final as of its date by the City, except for the
omission in the Preliminary Official Statement of such pricing and other information permitted to
be omitted pursuant to Rule 15c2-12.
13. Preparation and Deliverv of Bonds. After bids have been received and the Bonds
have been awarded to the winning bidder or bidders, the officers of the City are authorized and
directed to take all proper steps to have the Bonds prepared and executed in accordance with their
terms and to deliver the Bonds to the purchaser or purchasers thereof upon payment therefor.
14. Arbitra2e Covenants. The City covenants that it shall not take or omit to take any
action the taking or omission of which will cause the Bonds to be "arbitrage bonds" within the
meaning of Section 148 of the Internal Revenue Code of 1986, as amended, and regulations issued
pursuant thereto (the "Code"), or otherwise cause interest on the Bonds to be includable in the
gross income of the registered owners thereof under existing laws. Without limiting the generality
of the foregoing, the City shall comply with any provision of law that may require the City at any
time to rebate to the United States any part of the earnings derived from the investment of the
gross proceeds of the Bonds, unless the City receives an opinion of nationally recognized bond
counsel that such compliance is not required to prevent interest on the Bonds from being
includable in the gross income of the registered owners thereof under existing law. The City shall
pay any such required rebate from its legally available funds.
15. Non-Arbitra2e Certificate and Elections. Such officers of the City as may be
requested are authorized and directed to execute an appropriate certificate setting forth the
reasonably expected use and investment of the proceeds of the Bonds in order to show that such
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reasonably expected use and investment will not violate the provisions of Section 148 of the Code,
and any elections such officers deem desirable regarding rebate of earnings to the United States,
for purposes of complying with Section 148 of the Code. Such certificate and elections shall be in
such form as may be requested by bond counsel for the City.
16. Limitation on Private Use. The City covenants that it shall not permit the
proceeds of the Bonds or the facilities financed or refinanced with the proceeds of the Bonds to be
used in any manner that would result in (a) 5% or more of such proceeds or of the facilities
financed or refinanced with such proceeds being used in a trade or business carried on by any
person other than a governmental unit, as provided in Section 141 (b) of the Code, (b) 5% or more
of such proceeds or the facilities being financed with such proceeds being used with respect to any
output facility (other than a facility for the furnishing of water), within the meaning of Section
141(b)(4) of the Code, or (c) 5% or more of such proceeds being used directly or indirectly to
make or finance loans to any person other than a governmental unit, as provided in Section 141 (c)
of the Code; provided, that if the City receives an opinion of nationally recognized bond counsel
that any such covenants need not be complied with to prevent the interest on the Bonds from being
includable in the gross income for federal income tax purposes of the registered owners thereof
under existing law, the City need not comply with such covenants.
17. Investment Authorization. The City Council hereby authorizes the Director of
Finance to direct the City Treasurer to utilize either or both of the State Non-Arbitrage Program of
the Commonwealth of Virginia ("SNAP") and the Virginia Arbitrage & Investment Management
Program ("AIM") in connection with the investment of the proceeds of the Bonds, if the City
Manager and the Director of Finance determine that the utilization of either SNAP or AIM is in
the best interest of the City. Additionally, the proceeds of the Bonds may be invested with SNAP,
AIM or in legally permissible investments pursuant to the terms of an escrow deposit agreement
with an Escrow Agent as the City Manager may determine with the advice of the Financial
Advisor. The City Council acknowledges that the Treasury Board of the Commonwealth of
Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as
otherwise provided in the SNAP Contract.
18. Continuine: Disclosure Ae:reement. The Mayor, the City Manager and such
officer or officers of the City as either may designate are hereby authorized and directed to execute
and deliver a continuing disclosure agreement setting forth the reports and notices to be filed by
the City and containing such covenants as may be necessary to assist the purchaser of the Bonds in
complying with the provisions of Rule 15c2-12. Such continuing disclosure agreement shall be
substantially in the form attached as an Appendix to the draft of the Preliminary Official Statement
described in Section 11 above, which form is approved with such completions, omissions,
insertions and changes that are not inconsistent with this Resolution.
19. Other Actions. All other actions of officers of the City and of the City Council in
conformity with the purposes and intent of this Resolution and in furtherance of the issuance and
sale of the Bonds are hereby ratified, approved and confirmed. The officers of the City are
authorized and directed to execute and deliver all certificates and instruments and to take all such
further action as may be considered necessary or desirable in connection with the issuance, sale
and delivery of the Bonds.
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20. Repeal of Conflictinf! Resolutions. All resolutions or parts of resolutions in
conflict herewith are repealed.
21. Effective Date. This Resolution shall take effect immediately.
Exhibit A - Form of Bonds
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Exhibit A - Form of Bonds
Unless this certificate is presented by an authorized representative of The Depository Trust
Company, a New York corporation ("DTC"), to the issuer or its agent for registration of
transfer, exchange or payment, and this certificate is registered in the name of Cede & Co.,
or in such other name as is requested by an authorized representative of DTC (and any
payment is made to Cede & Co. or to such other entity as is requested by an authorized
representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR
VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the
registered owner hereof, Cede & Co., has an interest herein.
REGISTERED
No. R-
REGISTERED
$
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH
General Obligation Public Improvement Refunding Bond
[Series 2009A] [Series 2009B]
INTEREST RATE MATURITY DATE DATED DATE
%
July 15, 20_
, 2009
CUSIP
927734
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT:
DOLLARS
The City of Virginia Beach, Virginia (the "City"), for value received, promises to pay,
upon surrender hereof to the registered owner hereof, or registered assigns or legal representative,
the Principal Amount stated above on the Maturity Date stated above, subject to prior redemption
as hereinafter provided, and promises to pay interest hereon from the Dated Date stated above on
each January 15 and July 15, beginning January 15,2010, at the annual Interest Rate stated above,
calculated on the basis of a 360-day year of twelve 30-day months. Principal, premium, if any,
and interest are payable in lawful money of the United States of America by the City Treasurer,
who has been appointed Registrar (the "Registrar"). The City may appoint a qualified bank as
successor paying agent and registrar for the bonds.
Notwithstanding any other provision hereof, this bond is subject to a book-entry system
maintained by The Depository Trust Company ("DTC"), and the payment of principal, premium,
if any, and interest, the providing of notices and other matters shall be made as described in the
City's Blanket Issuer Letter of Representations to DTC.
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This bond is one of an issue of $ General Obligation Public Improvement
Refunding Bonds, [Series 2009A] [Series 2009B] (the "Bonds"), of like date and tenor, except as
to number, denomination, rate of interest, privilege of redemption and maturity, and is issued
pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City
Charter and the Public Finance Act of 1991. The Bonds have been authorized and are being
issued by the City Council of the City of Virginia Beach (the "City Council") pursuant to a
resolution adopted by the City Council on October 27, 2009 (the "Bond Resolution"), to refund
$ of the outstanding principal balance of the City's General Obligation [Public
Improvement and Refunding] Bonds, Series and to pay costs of
issuance of the Bonds.]
The Bonds maturing on or before July 15, 20_, are not subject to optional redemption
prior to maturity. The Bonds maturing on or after July 15,20_, are subject to redemption prior to
maturity at the option of the City on or after July 15,20_, in whole or in part at any time (in any
multiple of $5,000), upon payment of the principal amount of the Bonds to be redeemed plus
interest accrued and unpaid to the date fixed for redemption.
The Bonds maturing on , 20_, are required to be redeemed in part before
maturity by the City on in the years and amounts set forth below, at a redemption price
equal to 100% of the principal amount of the Bonds to be redeemed, plus interest accrued and
unpaid to the date fixed for redemption:
Year
Amount
Year
Amount
The Bond Resolution provides for a credit against the mandatory sinking fund redemption of the
Bonds maturing on , 20_ in the amount of Bonds of the same maturity that have been
optionally redeemed or surrendered for cancellation and have not been applied previously as such
a credit.
If less than all of the Bonds are called for optional redemption, the maturities of the Bonds
to be redeemed shall be selected by the City's Director of Finance in such manner as may be
determined to be in the best interest of the City. If less than all the Bonds of a particular maturity
are called for redemption, the Bonds within such maturity to be redeemed shall be selected by
DTC or any successor securities depository pursuant to its rules and procedures or, if the book
entry system is discontinued, shall be selected by the Registrar by lot in such manner as the
Registrar in its discretion may determine. In either case, (a) the portion of any Bond to be
redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in
selecting Bonds for redemption, each Bond shall be considered as representing that number of
Bonds that is obtained by dividing the principal amount of such Bond by $5,000.
The City shall cause notice of the call for redemption identifying the Bonds or portions
thereof to be redeemed to be sent by facsimile transmission, registered or certified mail or
overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to
DTC or its nominee as the registered owner hereof. If a portion of this bond is called for
A-2
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redemption, a new Bond in the principal amount of the unredeemed portion hereof will be issued
to the registered owner upon surrender hereof.
The full faith and credit of the City are irrevocably pledged for the payment of principal of,
premium, if any, and interest on this bond. Unless other funds are lawfully available and
appropriated for timely payment of this bond, the City Council shall levy and collect an annual ad
valorem tax, over and above all other taxes authorized or limited by law and without limitation as
to rate or amount, on all taxable property within the City sufficient to pay when due the principal
of, premium, if any, and interest on this bond.
The Registrar shall treat the registered owner of this bond as the person or entity
exclusively entitled to payment of principal of and interest on this bond and the exercise of all
other rights and powers of the owner, except that interest payments shall be made to the person or
entity shown as the owner on the registration books on the first day of the month preceding each
interest payment date.
In the event a date for the payment of principal, redemption price, or interest on this bond
is not a business day, then payment of principal, redemption price, and interest on, this bond shall
be made on the next succeeding day which is a business day, and if made on such next succeeding
business day, no additional interest shall accrue for the period after such payment or redemption
date.
All acts, conditions and things required by the Constitution and statutes of the
Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of
this bond have happened, exist and have been performed, and the issue of Bonds of which this
bond is one, together with all other indebtedness of the City, is within every debt and other limit
prescribed by the Constitution and statutes of the Commonwealth of Virginia.
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IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this bond to
be signed by its Mayor, to be countersigned by its Clerk, its seal to be affixed hereto, and this
bond to be dated the Dated Date stated above.
COUNTERSIGNED:
(SEAL)
Clerk, City of Virginia Beach, Virginia
Mayor, City of Virginia Beach, Virginia
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ASSIGNMENT
FOR VALUE RECEIVED the undersigned sell(s), assign(s) and transfer(s) unto:
(Please print or type name and address, including postal zip code, of Transferee)
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF TRANSFEREE:
the within bond and all rights thereunder, hereby irrevocably constituting and appointing
, Attorney,
to transfer said bond on the books kept for the registration thereof, with full power of substitution
in the premises.
Dated:
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed by (Signature of Registered Owner)
an Eligible Guarantor Institution such as a NOTICE: The signature above must
Commercial Bank, Trust Company, Securities correspond with the name of the registered
Broker/Dealer, Credit Union or Savings owner as it appears on the front of this bond in
Association who is a member of a medallion every particular, without alteration or
program approved by The Securities Transfer enlargement or any change whatsoever.
Association, Inc.
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Requires an affirmative vote by a majority of the members of the City Council.
Adopted by the City Council of the City of Virginia Beach, Virginia, this 27th day of October,
2009.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
(;;~~(~ U(;dw4
Finance Department
y~~~
City Att ey's Office
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CERTIFICATE
The undersigned Clerk of the City Council of the City of Virginia Beach, Virginia (the
"City Council"), certifies that:
1. A meeting of the City Council was held on October 27, 2009, at the time and place
established and noticed by the City Council, at which the members of the City Council were
present or absent as noted below. The foregoing Resolution was adopted by a majority of the
members of the City Council, by a roll call vote, the ayes and nays being recorded in the minutes
of the meeting as shown below:
PRE SENTI ABSENT:
VOTE:
William D. Sessoms, Jr., Mayor
Louis R. Jones~ Vice Mayor
Glenn R. Davis
Bill R. DeSteph
Harry E. Diezel
Robert M. Dyer
Barbara M. Henley
John E. Uhrin
Ronald A. Villanueva
Rosemary Wilson
James L. Wood
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-X 1_
..x 1_
-x-/-
-X/_
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AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
ABSENT
AYE
2. The foregoing Resolution is a true and correct copy of such Resolution as adopted
on October 27, 2009. The foregoing Resolution has not been repealed, revoked, rescinded or
amended and is in full force and effect on the date hereof.
WITNESS my signature and the seal of the City of Virginia Beach, Virginia, this
_st day of October, 2009.
Clerk, City Council of the City of Virginia
Beach, Virginia
(SEAL)
1867960v2
205182,000132
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- 41 -
Item V-K.7.
ORDINANCES/RESOLUTIONS
ITEM # 59325
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Ordinance to AUTHORIZE a 3-Year Lease with Seasons Best Bakery,
LLC for Space #37 at Farmer's Market
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R, "Bill" DeSteph, Harry E. Diezel, Robert
M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor
William D, Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
October 27, 2009
: I
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AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE A 3-YEAR LEASE WITH
SEASONS BEST BAKERY, LLC FOR SPACE #37 IN
THE VIRGINIA BEACH FARMERS MARKET
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30 Adopted by the Council of the City of Virginia Beach, Virginia on the 27th day of
31 October ,2009.
WHEREAS, the City of Virginia Beach (the "City") is the owner of The City of
Virginia Beach Farmers Market located at the corner of Princess Anne Road and Dam
Neck Road in Virginia Beach, Virginia (the "Farmers Market");
WHEREAS, Seasons Best Bakery, LLC ("Seasons Best") is an existing tenant
and would like to enter into a new formal lease arrangement with the City for Space #37
in the Property (the "Premises");
WHEREAS, the Premises will be utilized as a bakery/candy store, and for no
other purpose;
WHEREAS, Seasons Best has agreed to pay the City $296 per month ($3,552
per year) for the use of the Premises for the first year of the term, with annual rent
increases equal to 5%;
NOW 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 three
(3) years between Seasons Best Bakery, LLC and the City for the Premises in
accordance with the Summary of Terms attached hereto, and such other terms,
conditions or modifications as may be acceptable to the City Manager and in a form
deemed satisfactory by the City Attorney.
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
APPROVED AS TO CONTENT
;fj7 -~ -
Department f Agriculture
CA11209
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October 14, 2009
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SUMMARY OF TERMS
LEASE FOR SPACE #37 AT THE
VIRGINIA BEACH FARMERS MARKET
LESSOR:
City of Virginia Beach
LESSEE:
Seasons Best Bakery, LLC
PREMISES:
Space #37
TERM:
36 months: October 1, 2009 - September 30, 2012
RENT:
Year 1: $296 per month ($3,552 per year)
Year 2: $311 per month ($3,732 per year)
Year 3: $327 per month ($3,924 per year)
RIGHTS AND RESPONSIBILITIES OF LESSEE:
. Use leased space for the operation of a bakery/candy store and for no other
purpose.
. Maintain leased space, including heating and air conditioning units and/or
heat pump units.
. Payment of all assessed fees.
. Purchase commercial general liability insurance for the Premises with policy
limits of not less than $1,000,000 combined single limits per occurrence.
. Keep Premises open from 10:00 a.m. to 5:00 p.m. Tuesday through Saturday,
and from 12:00 p.m. to 5:00 p.m. on Sunday. Lessee will be closed on
Mondays.
RIGHTS AND RESPONSIBILITIES OF CITY:
. Maintain common areas of the Property and structural elements of the
Premises.
. Provide water and sewer.
. Provide electrical service unless Lessee has its own account with Dominion
Virginia Power.
TERMINATION:
. After 18 months, either party may terminate by providing the other party sixty
(60) days' written notice.
. City also has special right to terminate if necessary for any public purpose by
giving sixty (60) days' written notice.
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VIRGINIA BIACD, VA 2345
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- 42-
Item V-K.8.
ORDINANCES/RESOLUTIONS
ITEM # 59326
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Ordinance to AUTHORIZE a right-in-onlv access point at Princess
Anne Road and South Independence Boulevard for Tailwind
Development
V ofing:
10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert
M Dyer, Barbara M Henley, Vice Mayor Louis R, Jones, Mayor
William D, Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
October 27, 2009
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AN ORDINANCE AUTHORIZING A RIGHT-IN-ONLY
ACCESS POINT FROM PRINCESS ANNE ROAD TO
PROPERTY LOCATED AT THE NORTHWEST
INTERSECTION OF PRINCESS ANNE ROAD AND
SOUTH INDEPENDENCE BOULEVARD
WHEREAS, on September 4, 1990, the City Council of Virginia Beach ("City
Council") affirmed by resolution [R-90-01894] the continued designation of Princess
Anne Road as a controlled access highway;
WHEREAS, on November 25, 2008, City Council adopted Ordinance 3057C
declaring the property (the "Property") located at the northwest intersection of Princess
Anne Road and South Independence Boulevard (GPIN: 1485-16-9065) to be in excess
of the City's needs and authorizing the City Manager to sell the Property to Tailwind
Development Group, L.L.C. ("Tailwind");
WHEREAS, a Request for Proposals (the "RFP") had been issued for the
Property, and Tailwind was the selected respondent;
WHEREAS, the RFP stated that "vehicular access to the site shall be limited to a
right-in/right-out point located on South Independence Boulevard, at its furthest point
from the intersection with Princess Anne Road", and Tailwind's proposal limited access
to that point;
WHEREAS, a purchase agreement between the City and Tailwind has been
finalized but not executed; and
WHEREAS, in order to finance its development on the Property, Tailwind has
requested a right-in-only access point from Princess Anne Road to the Property.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Tailwind's request for a right-in only access point from Princess Anne Road
to the Property is granted.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 2yth day of
October, 2009.
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APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
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CityAb,~
CA11205
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10/16/2009
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance Authorizing a Right-In-Only Access Point from Princess
Anne Road to Property Located at the Northwest Intersection of Princess
Anne Road and South Independence Boulevard
MEETING DATE: October 27,2009
. Background:
By ordinance [ORD-3057C] dated November 25, 2008, City Council approved
the sale of City-owned property (the "Property") located at the northwest
intersection of Princess Anne Road and South Independence Boulevard (GPIN:
1485-16-9065) to Tailwind Development Group, L.L.C. ("Tailwind"). Tailwind was
the selected respondent to a Request for Proposals (the "RFP") issued for the
Property.
The RFP stated that "vehicular access to the site shall be limited to a right-
in/right-out point located on South Independence Boulevard, at its furthest point
from the intersection with Princess Anne Road". Tailwind has requested that an
additional right-in-only access point be permitted from Princess Anne Road.
. Considerations:
. Princess Anne Road is a controlled access highway (R-90-01894).
. Without a right-in-only access point from Princess Anne Road, visitors or
tenants coming from the south on Princess Anne Road could only access
the site by turning right on Independence and making a u-turn. This
limited access will make the property difficult to market for medical office
use.
. Tailwind has agreed to construct a bus pull-out and stop at the location of
the access point, which would also be used as a deceleration lane for the
site.
. The right-in-only access point on Princess Anne Road would be located as
far west from the Independence Boulevard intersection as possible.
. Public Information:
Advertisement of City Council Agenda.
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.
Alternatives:
Approve the designation of the access point or deny the designation of the
access point.
.
Recommendations:
Approval.
.
Attachments: Ordinance
Location Map
Recommended Action: Approval of the Ordinance
Submitting Department/Agency: Pu .
City Manage~ k 'Cr8~
e 4.{.4.
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- 43 -
Item V-K.9.
ORDINANCES/RESOLUTIONS
ITEM # 59327
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Ordinance to APPROPRIATE $1,067,000 to Parks and Recreation re
school landscaping
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Glenn R, Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert
M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor
William D. Sessoms, Jr., John E. Uhrin, Ron A, Villanueva, and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
October 27, 2009
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AN ORDINANCE TO APPROPRIATE $1,067,000
FROM FUND BALANCE TO THE FY 2009-10
OPERATING BUDGET OF THE DEPARTMENT OF
PARKS AND RECREATION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That $1,067,000 in fund balance from the School Landscaping Internal Service
Fund is hereby appropriated, with Specific Fund Reserve revenues increased
accordingly, to the FY 2009-10 Operating Budget of the Department of Parks and
Recreation to pay for one-time expenditures.
Adopted by the Council of the City of Virginia Beach, Virginia on the 27th day
of October , 2009.
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
1~~ U. ~^'-./~~
Management services~ )
/)~ ~4----
City ~ey s Office
CA11306
R-2
October 15, 2009
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~RGINIA BEACH CITY PUBLIC SCHOOLS
AHEAD OF THE CURVE
RECEIVED q.-p 2 8 2009
John S. Kalocay
Assistant Superintendent
Administrative Support Services
MEMORANDUM
TO:
Eddie Barnes, Administrator
Landscape Management Division
CB-J lL/
FROM:
John S. Kalocay, Assistant Superintendent
Department of Administrative Support Services
SUBJECT: 613 Internal Service Fund Net Assets for FY 2009-10
DATE: September 24, 2009
We authorize the amount of $1 ,067,000 in the 613 Internal Service Fund Assets for replacement
equipment, playground surfacing removal and replacement and removal of hazardous trees and
stumps. We support the use of the Internal Service Fund Net Assets for these projects and we
ask that you proceed to transfer the funds. Please contact me should you have any questions
and/or concerns.
~
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- 44-
Item V-K.lO.
ORDINANCES/RESOLUTIONS
ADD-ON
ITEM # 59328
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Resolution DIRECTING the City Clerk to cause the publication of a
notice of public hearing concerning adoption of a Resolution to
APPROVE, AMEND and RESTATE Articles of Incorporation for the
Southeastern Public Service Authority of Virginia
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert
M Dyer, Barbara M Henley, Vice Mayor Louis R, Jones, Mayor
William D, Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
October 27, 2009
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A RESOLUTION DIRECTING THE CITY CLERK TO
CAUSE THE PUBLICATION OF A NOTICE OF PUBLIC
HEARING CONCERNING ADOPTION OF A RESOLUTION
TO APPROVE AMENDED AND RESTATED ARTICLES OF
INCORPORATION FOR THE SOUTHEASTERN PUBLIC
SERVICE AUTHORITY OF VIRGINIA
8 WHEREAS, the cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and
9 Virginia Beach, and the counties of Isle of Wight and Southampton ("Member
10 Localities") have created the Southeastern Public Service Authority of Virginia ("SPSA")
11 pursuant to the Virginia Water and Waste Authorities Act (the "Act"), Va. Code S 15.2-
12 5100, et seq.; and
13 WHEREAS, Virginia Code Section 15.2-5102.1, enacted by the General
14 Assembly in 2009, imposes certain requirements upon SPSA and requires changes
15 regarding the appointment and qualifications of the members of SPSA's Board of
16 Directors that necessitate amendments to SPSA's Articles of Incorporation (the
17 "Articles"); and
18 WHEREAS, the necessary amendments to the Articles are set forth in the
19 attached Amended and Restated Articles of Incorporation (the "Amended Articles"); and
20 WHEREAS, the Act requires that any amendments to the Articles must be
21 adopted by concurrent resolutions, ordinances or agreements of all the Member
22 Localities and that before any such resolutions, ordinances or agreements may be
23 adopted, the councils and boards of supervisors of each of the Member Localities must
24 comply with certain notice, advertising and public hearing requirements set forth in the
25 Act;
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
27 OF VIRGINIA BEACH:
28 That the City Clerk is hereby directed to cause to be advertised in a newspaper
29 of general circulation within the City of Virginia Beach a notice of public hearing
30 concerning the adoption by the City Council of a concurrent resolution approving and
31 adopting the Amended Articles of Incorporation of the Southeastern Public Service
32 Authority in substantially the form of the public notice attached hereto.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 27ttiayof
October ,2009.
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APPROVED AS TO LEGAL SUFFICIENCY:
r'{i'1~ t:! ,,,.-~
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City Attorney's Office
CA11312
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October 22,2009
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NOTICE OF PUBLIC HEARING
CONSIDERATION OF A RESOLUTION APPROVING AND
ADOPTING AMENDED AND RESTATED ARTICLES OF
INCORPORATION FOR THE SOUTHEASTERN PUBLIC
SERVICE AUTHORITY OF VIRGINIA
Notice is hereby given that on December 8, 2009, at 6:00 p.m., in the City Council
Chambers, 2nd Floor, City Hall Building, 2401 Courthouse Drive, Virginia Beach, the Virginia
Beach City Council will conduct a public hearing on a proposed resolution for approval and
adoption of amendments to the Articles of Incorporation of the Southeastern Public Service
Authority of Virginia ("SPSA"). The amendments are necessary because of changes in the law
set forth in Va. Code S 15.2-5102.1(1) that become effective on January 1, 2010. After the
conclusion of the public hearing, the City Council may vote on the proposed resolution.
The proposed amendments are set forth in a document entitled "Amended and Restated
Articles of Incorporation of the Southeastern Public Service Authority of Virginia" (the
"Amended Articles"). Changes made by the Amended Articles include the number and method
of selecting SPSA's board of directors and alternate board members, the rules governing their
terms of office, and other revisions required by the changes in the law. If approved, the
Amended Articles will become effective on January 1,2010.
Any person interested in this matter may appear and be heard at the time and place set
forth above. A copy of the resolution and the Amended Articles can be obtained from the
Office ofthe City Attorney by calling (757) 385-4531.
Ruth Hodges Fraser, MMC
City Clerk
1-907254.1
10/20/2009
I I
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1
2
3
4
RESOLUTION APPROVING AND ADOPTING AMENDED
AND RESTATED ARTICLES OF INCORPORATION FOR
THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF
VIRGINIA
5
6 WHEREAS, the cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and
7 Virginia Beach, and the counties of Isle of Wight and Southampton ("Member
8 Localities") have created the Southeastern Public Service Authority of Virginia ("SPSA")
9 pursuant to the Virginia Water and Waste Authorities Act (the "Act"), Va. Code S 15.2-
10 5100,etseq; and.
11 WHEREAS, Virginia Code Section 15.2-5102.1, enacted by the General
12 Assembly in 2009, imposes certain requirements upon SPSA and requires changes
13 regarding the appointment and qualifications of the members of SPSA's Board of
14 Directors that necessitate amendments to SPSA's Articles of Incorporation (the
15 "Articles); and
16 WHEREAS, the amendments that are needed to amend the Articles to conform
17 them to the changes in the Act are set forth in the attached Amended and Restated
18 Articles of Incorporation (the "Amended Articles").
19 WHEREAS, the Act requires that any amendments to the Articles must be
20 adopted by concurrent resolutions, ordinances or agreements of all the Member
21 Localities and that before any resolutions may be adopted, the councils and boards of
22 supervisors of each of the Member Localities must comply with certain notice,
23 advertising and public hearing requirements set forth in the Act; and
24 WHEREAS, in furtherance of the requirements of the Act, the City Council
25 caused proper notice of a public hearing and other information required by the Act to be
26 published one time in a newspaper of general circulation in the City of Virginia Beach;
27 and
28 WHEREAS, the public hearing was held on December 8, 2009, at the time and
29 place specified in the aforesaid notice; and
30 WHEREAS, preliminary estimates of capital costs, proposals for any specific
31 projects to be undertaken by the Authority and preliminary estimates of initial rates for
32 services of such projects are not included in the Amended Articles because they are not
33 germane to the process of amending the Articles and, in any event, the City Council
34 finds that the inclusion of such information is impracticable;
35 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
36 OF VIRGINIA BEACH, VIRGINIA:
37 1. That the City Council hereby approves and adopts the Amended Articles,
38 true copies of which are hereto attached;
II
39 2. That this Resolution approving and adopting the Amended Articles shall
40 be effective immediately and the Amended Articles shall be effective on and after
41 January 1, 2010; and
42 3. That the Mayor shall execute the Amended Articles in substantially the
43 form attached hereto, that the City Attorney shall cause the executed Amended Articles
44 to be filed with the Virginia State Corporation Commission, and that appropriate officers
45 of the City shall do all other things necessary or appropriate to amend the Articles
46 pursuant to the Amended Articles, including the execution of a single Concurrent
47 Resolution with other Member Localities that is consistent with this Resolution.
Adopted by the Council of the City of Virginia Beach, Virginia, on the _ day of
,2009,
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
CA 11311
R-1
October 23,2009
2
II
II
AMENDED AND RESTATED ARTICLES OF INCORPORATION
OF THE
SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA
The Councils of the Cities of Chesapeake, Franklin, Nansemond, Norfolk, Portsmouth,
Suffolk, and Virginia Beach and the Boards of Supervisors of the Counties of Isle of Wight and
Southampton created the Southeastern Public Service Authority of Virginia (the "Authority"),
formerly the Southeastern Water Authority of Virginia, pursuant to the Virginia Water and
Waste Authorities Act, Chapter 51, Title 15.2, Code of Virginia of 1950, as amended (the "Act"),
formerly the Virginia Water and Sewer Authorities Act (Chapter 28, Title 15.1, Code of Virginia
of 1950, as amended), as a public body politic and corporate, by adopting Articles of
Incorporation effective January 24,1973 (the "Original Articles"). On January 1, 1974, the
Cities ofNansemond and Suffolk were consolidated into a single city and the terms of the
members representing those cities terminated and the governing body of the consolidated City of
Suffolk appointed a member to fill the vacancy and serve for the unexpired term. By concurrent
resolutions, adopted by the Councils and the Boards of Supervisors of the Cities of Chesapeake,
Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach and the Counties of Isle of Wight and
Southampton (collectively, "SPSA Member Communities"), the Original Articles were amended
by Articles of Amendment dated January 15, 1976 (the" 1976 Amendment") and by Articles of
Amendment dated July 15, 1983 (the "1983 Amendment"). In view of recent amendments to the
Act that become effective January 1,2010, the Councils and the Boards of the SPSA Member
Communities by concurrent resolutions have adopted these Amended and Restated Articles of
Incorporation of the Southeastern Public Service Authority of Virginia that become effective on
January 1,2010 and hereby certify:
1-879666.4
10/17/20093:09 PM
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(a) The name of the Authority is "Southeastern Public Service Authority of Virginia"
and the location of its principal office is in Chesapeake, Virginia.
(b) The powers of the Authority shall be exercised by a board of directors (the
"Board") consisting of sixteen (16) members selected in the following manner: (i) one member
from each participating political subdivision who shall be selected and appointed by the
Governor (each, a "Governor Appointed Board Member") from a list ofthree proposed members
submitted by the governing body of each participating subdivision, which proposed members
shall possess general business knowledge and shall not be an elected official, and (ii) one
member from each participating political subdivision who shall be directly appointed upon a
majority vote ofthe governing body ofthe political subdivision and who shall be an employee of
the political subdivision (each a "Locality Appointed Board Member").
(c) The first members of the Board consisted of one member residing in and
appointed by the governing body of each of the original incorporating political subdivisions.
The names and addresses of the first Board members, the names of the appointing political
subdivisions and the year of expiration of the terms of the first Board members were as follows:
Name
Address
Appointing Political Subdivision Expiration of Terms
Mrs. Marian P. Whitehurst, Mayor
P.O. Box 15225, Chesapeake, VA
Chesapeake
1975
Dr. Darden W. Jones, Mayor
p, O. Box 96, Franklin, VA
Franklin
1973
Gurley A. Barlow, Jr., Chairman
Board of Supervisors, Route 1,
Smithfield, VA
Isle of Wight
1974
D.J. Magnum, Jr., Mayor
318 Sherwood Dr., Suffolk, VA
N ansemond
1973
Roy B. Martin, Jr., Mayor
City Hall, Norfolk, V A
Norfolk
1976
2
1-879666.4
10117120093:09 PM
! !
I!
Jack P. Barnes, Mayor Portsmouth 1975
1 High Street, Portsmouth, V A
W. H. Story, Chairman Southampton 1974
Board of Supervisors, Capron, V A
James F. Hope, Mayor Suffolk 1973
P.O. Box 1569, Suffolk, V A
Robert B. Cromwell, Jr., Mayor Virginia Beach 1976
P.O. Box 5533, Virginia Beach, V A
The terms of the first members began on the date of the issuance to the Authority
of the certificate of incorporation by the State Corporation Commission and expired on
December 31 of the years set forth above.
(d) Alternate Board members may be selected in the same manner as Board members.
Alternate Board members selected by the Governor shall have the same qualifications as
Governor Appointed Board Members. Alternate Board members selected by the participating
political subdivisions shall have the same qualifications as Locality Appointed Board Members.
(e) The successor of each Board member shall be appointed for a term of four years,
except that any person appointed to fill a vacancy shall serve only for the unexpired term. Board
members shall hold office until their successors shall have been appointed and qualify, and any
member shall be eligible for reappointment to succeed himself; provided, however, that no Board
member shall serve for more than two consecutive four-year terms, except that any member
appointed to the unexpired term of another shall be eligible to serve two consecutive four-year
terms. The term of each Ex-officio Board Member shall expire upon such member's ceasing
full-time salaried employment with such member's participating political subdivision. Each
Governor Appointed Board Member may receive compensation of $25 per meeting attended but
3
1-879666.4
lOll 7/2009 3:09 PM
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not to exceed $600 per year, or such other compensation as may be determined from time to time
by resolutions of the governing bodies of the member political subdivisions, but each Ex-officio
Board Member shall serve without compensation. Each Board member shall be reimbursed the
amount ofthe member's actual expenses necessarily incurred in the performance of the member's
duties.
(f) The Authority has been formed for the purposes of financing, constructing,
operating and maintaining a water system and a garbage and trash collection and disposal
system, all pursuant to the provisions of the Act. The core purpose of the Authority is the
management of the safe and environmentally sound disposal of regional waste.
The Authority may contract with its participating political subdivisions, any
sanitary district thereof or any authority therein created pursuant to the Act to furnish water
service and garbage and trash collection and disposal service upon such terms as the Authority
shall determine; provided, however, that the same schedule or service rates shall be applicable to
all such political subdivisions unless the Authority, by unanimous consent of its Board members,
authorizes different service rates for anyone or more of the participating political subdivisions.
The Authority is expressly prohibited from contracting with any other party desiring a supply of
water except upon the written consent of the city or county within the geographical boundary of
which such party is located.
(g) The Authority shall cause an annual audit of its books and records to be made by
the State Auditor of Public Accounts or by an independent certified public accountant at the end
of each fiscal year and a certified copy thereof to be filed promptly with the governing body of
each of the participating political subdivisions.
[Remainder of this page intentionally left blank - signature pages follow]
4
1-8796664
10/17/20093:09 PM
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IN WITNESS WHEREOF, the Councils of the Cities of Chesapeake, Franklin, Norfolk,
Portsmouth, Suffolk, Virginia Beach and the Boards of Supervisors of the Counties of Isle of
Wight and Southampton have caused these Amended and Restated Articles of Incorporation to
be executed on their behalf by their proper officers and their seals to be affixed and attested by
their Clerks, this _ day of , 2009.
(SEAL)
ATTEST:
Clerk
(SEAL)
ATTEST:
Clerk
(SEAL)
ATTEST:
Clerk
1-879666.4
10/17/20093:09 PM
CITY OF CHESAPEAKE
By
Title: Mayor
CITY OF FRANKLIN
By
Title: Mayor
CITY OF NORFOLK
By
Title: Mayor
5
II
(SEAL)
ATTEST:
(SEAL)
ATTEST;
Clerk
(SEAL)
ATTEST:
Clerk
(SEAL)
ATTEST:
Clerk
1-879666.4
10/17/20093:09 PM
CITY OF PORTSMOUTH
By
Title: Mayor
CITY OF SUFFOLK
By
Title: Mayor
CITY OF VIRGINIA BEACH
By
Title: Mayor
COUNTY OF ISLE OF WIGHT
By
Title: Chair of Board of Supervisors
6
I!
(SEAL)
ATTEST:
Clerk
1-879666.4
10/17120093:09 PM
Clerk
COUNTY OF SOUTHAMPTON
By
Title: Chair of Board of Supervisors
7
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- 45 -
L. PLANNING
ITEM # 59329
1. McRJERS, LLC
2. COASTAL LIVING BUILDERS, L.L.C.I
WILLIAM T. KILEY AND HELEN R. PAXTON
3. WILBERT H. LA WRENCE, SR.
4. BARRY BEHRMAN/ARROWHEAD PLAZA, LLC
5. 5105 PRINCESS ANNE, LLC/FULTON BANK,
(ABOUNDING GRACE ASSEMBL}J
6. NEW FIRST COLONIAL ASSOCIA TES
7. JESSUP CONSTRUCTION L.L.C. /
JOHN P. MEYERS
8. CITY OF VIRGINIA BEACH
STREET CLOSURE
VARIANCE
VARIANCE
MODIFICATION OF CONDITIONS
APPROVED BY CITY COUNCIL 4/27/1993
1/26/1999 and 3/27/2001 re expansion of
an existing recreation facility
CONDITIONAL CHANGE OF ZONING
CONDITIONAL USE PERMIT
CONDITIONAL CHANGE OF ZONING
CONDITIONAL CHANGE OF ZONING
AMEND ~201 of the City Zoning
Ordinance (CZO) re Setbacks for Piers.
October 27, 2009
II
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- 46-
Item V-L.
PLANNING
ITEM # 59330
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE
MOTION Items 1, 3 (DEFERRED INDEFINITELY), 4, 5, 6 (DEFERRED to 11/10/09 and 7
(DEFERRED INDEFINITELY) of PLANNING BY CONSENT AGENDA.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R, "Bill" DeSteph, Harry E. Diezel, Robert
M Dyer, Barbara M Henley, Vice Mayor Louis R, Jones, Mayor
William D, Sessoms, Jr., John E. Uhrin, Ron A, Villanueva, and
James L, Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
Vice Mayor Jones ABSTAINED Pursuant to Section 2,2-3115(E), Code of Virginia, re City Council's
discussion and vote on Item L,5., Ordinances upon application of 5105 PRINCESS ANNE, LLC /
FULTON BANK, (ABOUNDING GRACE ASSEMBLY), for a Conditional Change of Zoning and
Conditional Use Permit, The property is located at 5102 Princess Anne Road and owned by Fulton Bank.
Vice Mayor Jones has an ownership interest in Fulton Bank and receives more than $10,000 annually in
income from that ownership interest. Vice Mayor Jones' disclosure dated October 27, 2009, is hereby
made a part of the record
October 27, 2009
II
- 47-
Item V-L.I.
PLANNING
ITEM # 59331
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance upon application of McRJERS, LLC, for closure of a portion of Jefferson
Boulevard at Jefferson Boulevard and Windsor Crescent and a portion of Windsor Crescent north of
Jefferson Boulevard.
Ordinance upon application of MCRJERS, LLC, for closure of portion
of Windsor Crescent to the north of 3868 Jefferson Boulevard. BA YSIDE
DISTRICT.
The following conditions shall be required:
1. The City Attorney's Office will make the final determination regarding ownership of the
underlyingfee. The purchase price to be paid to the City shall be determined according to the
"Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, "
approved by City Council. Copies of the policy are available in the Planning Department.
2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the
closed area into the adjoining parcel, The plat must be submitted and approvedfor
recordation prior to final street closure approval,
3. The property to be incorporated into the adjacent parcel to the West shall be limited to 2, 7
square feet more or less as shown on the submitted survey.
4, There shall be no additions constructed to the existing deck or building within the area
proposedfor closure and there shall be no new structures built within the area proposedfor
closure.
5, The applicant shall verify that no private utilities exist within the right-of-way proposedfor
closure. Preliminary comments from the utility companies indicate that there are no private
utilities within the right-ofway proposedfor closure, Ifprivate utilities do exist, easements
satisfactory to the utility company must be provided.
6. Closure of the right-ofway shall be contingent upon compliance with the above stated
conditions within 365 days (October 26, 2010) of approval by City Council. If the conditions
noted above are not accomplished and the final plat is not approved within one year of the
City Council vote to close the right-of way, this approval shall be considered null and void.
October 27, 2009
II
- 48 -
Item V-L.I.
PLANNING ITEM # 59331 (Continued)
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R, "Bill" DeSteph, Harry E. Diezel, Robert
M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor
William D, Sessoms, Jr" John E. Uhrin, Ron A. Villanueva, and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
October 27, 2009
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1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
ORDINANCE APPROVING APPLICATION OF
MCRJERS, LLC, FOR THE CLOSURE OF A
PORTION OF WINDSOR CRESCENT ADJACENT
TO 3868 JEFFERSON BOULEVARD
WHEREAS, McRjers, LLC (the "Applicant") applied to the Council of the
City of Virginia Beach, Virginia, to have the hereinafter described street discontinued,
closed, and vacated; and
WHEREAS, it is the judgment of the Council that said street be
discontinued, closed, and vacated, subject to certain conditions having been met on or
before one (1) year from City Council's adoption of this Ordinance;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Virginia Beach, Virginia:
SECTION I
That the hereinafter described street be discontinued, closed and vacated,
subject to certain conditions being met on or before one (1) year from City Council's
adoption of this ordinance:
All that certain piece or parcel of land situate, lying and being
in the City of Virginia Beach, Virginia, designated and
described as "AREA OF R/W TO BE CLOSED (0.000062
ACRES)" shown as the shaded area on that certain plat
entitled: "STREET CLOSURE PLAT PART OF WINDSOR
CRESCENT R/W LOCATED BEnNEEN BLOCK 48 &
BLOCK 57 OCEAN PARK SECTION C M.B. 5 P. 195
VIRGINIA BEACH, VIRGINIA" Scale: 1"=10', dated
DECEMBER 30, 2008 and revised through April 28, 2009,
prepared by Gallup Surveyors & Engineers, LTD., a copy of
which is attached hereto as Exhibit A.
GPIN: 1580-20-0157-0000
1
45 SECTION II
46
47 The following conditions must be met on or before one (1) year from City
48 Council's adoption of this ordinance:
49
50 1. The City Attorney's Office will make the final determination
51 regarding ownership of the underlying fee. The purchase price to be paid to the City
52 shall be determined according to the "Policy Regarding Purchase of City's Interest in
53 Streets Pursuant to Street Closures," approved by City Council. Copies of said policy
54 are available in the Planning Department.
55
56 2. The applicant shall resubdivide the property and vacate internal lot
57 lines to incorporate the closed area into the adjoining parcel. The resubdivision plat
58 must be submitted and approved for recordation prior to final street closure approval.
59
60 3. The property to be incorporated into the adjacent parcel to the west
61 shall be limited to 2.7 square feet / 0.000062 acre, more or less, as shown on the
62 submitted survey.
63
64 4. There shall be no additions constructed to the existing deck or
65 building within the area proposed for closure and there shall be no new structures built
66 within the area proposed for closure.
67
68 5. The applicant shall verify that no private utilities exist within the
69 right-of-way proposed for closure. Preliminary comments from the utility companies
70 indicate that there are no private utilities within the right-of-way proposed for closure. If
71 private utilities do exist, the applicant shall provide easements satisfactory to the utility
72 companies.
73
74 6. Closure of the right-of-way shall be contingent upon compliance
75 with the above stated conditions within one (1) year of approval by City Council. If all
76 conditions noted above are not in compliance and the final plat is not approved within
77 one (1) year of the City Council vote to close the street, this approval will be considered
78 null and void.
79
80 SECTION III
81
82 1. If the preceding conditions are not fulfilled on or before October 26,
83 2010, this Ordinance will be deemed null and void without further action by the City
84 Council.
85
86 2. If all conditions are met on or before October 26, 2010, the date of
87 final closure is the date the street closure ordinance is recorded by the City Attorney.
88
2
II
89 3. In the event the City of Virginia Beach has any interest in the
90 underlying fee, the City Manager or his designee is authorized to execute whatever
91 documents, if any, that may be requested to convey such interest, provided said
92 documents are approved by the City Attorney's Office.
93
94 SECTION IV
95
96 A certified copy of this Ordinance shall be filed in the Clerk's Office of the
97 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY
98 OF VIRGINIA BEACH as "Grantor" and MCRJERS, LLC, as "Grantee."
99
100 Adopted by the Council of the City of Virginia Beach, Virginia, on this
101 27th day of October ,2009.
102
103 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-
104 FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL.
CA10751
V:\applications\citylawprod\cycom32\ Wpdocs\DO 13\P006\00028663. DOC
R-2
October 14, 2009
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
WUOv ~ \Mtvt~
City Attorney
3
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- 49-
Item V-L.2.
PLANNING
ITEM # 59332
The following registered in SUPPORT:
Attorney Edward Bourdon, Pembroke Office Park, Building 1, 281 Independence Boulevard, Phone; 499-
8971, represented the applicant and owners of the four (4) contiguous lots in Shadowlawn, three (3) of
which are 25-feet in width by 100 feet in depth. The Fourth, on the corner of Greensboro and Caribbean
Avenues, is 30-feet in width by 100 feet in depth. The parties desire to combine two (2) of the lots to
create one (1), 50-foot wide, 5,000 square foot interior lot and combine the other two (2) lots to create a
55-foot wide, 5500 square foot corner lot. Each combined lot, after applying the requisite building
setbacks will have an identical, standard building envelope in the R-5S Zoning District, 35 feet in width
by 60 feet in depth. There is nothing inferior, or substandard about either lot under the dimensional
requirements of the R-5S Residential Zoning District. This is not a request for a reduction in the
standard setbacks as required on all lots in the R-5S District, The Two (2) proposed homes, one (1) a
ranch style home on the corner lot and the other a two-story home on the interior lot, have been designed
to comply with the recommended architectural guidelines for Shadowlawn as contained in the City's
Comprehensive Plan. Attorney Bourdon's statement is hereby made a part of the record. Attorney
Bourdon also submitted fifty (50) letters of support from residents in Shadowlawn, which are hereby
made a part of the record.
William Kiley, 800 Greensboro Avenue, Phone: 425-7935, applicant
Alice Drake, 708 High Point Avenue, Phone: 650-4312
Chuck Payne, 800 Terrace Avenue, Phone: 285-6663
The following registered in OPPOSITION:
Jeff Knowles, 915 Greensboro Avenue, Phone: 428-7013, 22-year resident of Shadow lawn. Mr. Knowles
presented a petition containing eighty-jive (85) signatures in OPPOSITION to the application.
Jan Anderson, 3 Caribbean Avenue, Phone: 422-4498, 25-year resident of Shadow lawn. This applicant is
requesting the creation of a lot, which does not meet the minimum requirements due to the City's
Subdivision Ordinance. Mrs. Anderson distributed drawings depicting the minimum requirements re the
creation of a lot and the application proposed.
Diane Gillespie, 710 Winston Salem Avenue, Phone; 437-1422, resident of Shadowlawn and an active
member of the Civic League since 1994. Mrs, Gillespie is concerned re the increased density, Since
1997, she has been a member of the Shadownlawn Revitalization Committee and serves currently as the
Chair. Thefocus of this Committee's endeavors has been the drainage issues.
October 27, 2009
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- 50 -
Item V-L.2.
PLANNING
ITEM # 59332 (Continued)
Upon motion by Councilman Uhrin, seconded by Councilman Diezel, City Council ADOPTED a
Variance to 84.4(b) of the Subdivision Ordinance that requires all newly created lots meet the
requirements of the City Zoning Ordinance (CZO) for COASTAL LIVING BUILDERS,
L.L.C./WILLIAM T. KILEY and HELEN R. PAXTON to subdivide four (4) lots for the development of
two single-family dwellings at 800 Greensboro Avenue:
Variance to 84,4(b) of the Subdivision Ordinance that requires all newly
created lots meet the requirements of the City Zoning Ordinance (CZO)
for COASTAL LIVING BUILDERS, L.L.C./WILLIAM T. KILEY and
HELEN R. PAXTON to subdivide four (4) lots for the development of
two single-family dwellings at 800 Greensboro Avenue (GPIN:
2417916180000)
DISTRICT 6 - BEACH
The following conditions shall be required:
1. When the property is subdivided, it shall be subdivided in substantial conformance with the plan
entitled, "Resubdivision Exhibit of Lots 2, 4, 6 & 8, Block 56, Shadowlawn Heights for Coastal
Living Builders LLC, " prepared by Kellam Gerwitz, dated June 25, 2009, which has been
exhibited to the Virginia Beach City Council and is onfile in the Planning Department,
2. When the property is subdivided, Lot A 1 shall be in substantial conformance with the front
elevation of the proposed ranch entitled "Greensboro; Coastal Living Builders,' Va Beach, VA"
which has been exhibited to the Virginia Beach City Council and is on file in the Planning
Department.
3, When the property is subdivided, Lot A2 shall be in substantial conformance with the front
elevation of the proposed one and a half story dwelling entitled "Greensboro; Coastal Living
Builders; Virginia Beach, Virginia" which has been exhibited to the Virginia Beach City Council
and is on file in the Planning Department,
4, Development on the proposed lots shall adhere to the "Shadow lawn Infill Development
Guidelines" as provided in the Comprehensive Plan, At such time as development is proposed for
these lots, floor plans and building elevations shall be submitted for approval by the Planning
Director or his designee,
October 27, 2009
II
- 51 -
Item V-L.2.
PLANNING ITEM # 59332 (Continued)
Voting: 8-1
Council Members Voting Aye:
Glenn R. Davis, William R, "Bill" DeSteph, Harry E. Diezel, Robert
M Dyer, Vice Mayor Louis R. Jones, Jr., John E. Uhrin, Ron A.
Villanueva, and James L. Wood
Council Members Voting Nay:
Barbara M Henley
Council Member Abstaining:
Mayor William D. Sessoms
Council Members Absent:
Rosemary Wilson
Mayor Sessoms ABSTAINED and DISCLOSED as an officer of TowneBank (which has a corporate
ojjice located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many
of TowneBank's transactions. The applicant, COASTAL LIVING BUILDERS, L.L.C./WILLIAM T.
KILEY and HELEN R. PAXTON, has a relationship with TowneBank.
October 27, 2009
- 52 -
Item V-L.3.
PLANNING
ITEM # 59333
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED
INDEFINITELY, BY CONSENT, Variance to j4,4(b) of the Subdivision Ordinance that requires all
newly created lots meet the requirements of the City Zoning Ordinance (CZO) for WILBERT H.
LA WRENCE, SR., to subdivide 1564 Back Bay Landing Road.
Variance to j4.4(b) of the Subdivision Ordinance that requires all newly
created lots meet the requirements of the City Zoning Ordinance (CZO)
for WILBERT H. LAWRENCE, SR., to subdivide 1564 Back Bay
Landing Road.
DISTRICT 7 - PRINCESS ANNE
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert
M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor
William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
October 27, 2009
- 53 -
Item V-L.4.
PLANNING
ITEM # 59334
Barry Behrman, 5612 Princess Anne Road, Phone: 499-8900, the applicant, expressed appreciation to
City Council and advised he has been a resident of Arrowhead 15-% years. Q - Masters Billiards letters
from the Police Department, Wally Erb - community leader for Arrowhead and Fire Inspection Report
are hereby made a part of the record.
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, an Ordinance upon application of BARRY BEHRMAN / ARROWHEAD PLAZA, LLC, re
Modification of Conditions (approved by City Council on April 27, 1993, January 26, 1999 and March
27, 2001) for expansion of an existing recreation facility
ORDINANCE UPON AP PLICA TION OF BARR Y BEHRMAN /
ARROWHEAD PLAZA, LLC, RE MODIFICATION OF CONDITIONS
(APPROVED BY CITY COUNCIL ON APRIL 27, 1993, JANUARY 26,
1999 AND MARCH 27, 2001) FOR EXPANSION OF AN EXISTING
RECREATION FACILITY
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of BARRY BEHRMAN/ARROWHEAD
PLAZA, LLC, re Modification of Conditions (approved by City Council
on April 27, 1993, January 26,1999 and March 27, 2001)for expansion
of an existing recreation facility, 5606 Princess Anne Road (GPIN:
14671373730000)
DISTRICT 2 - KEMPSVILLE
The following conditions shall be required:
1. No customer parking shall be allowed behind the facility.
2, The establishment shall close at 2:00 A.M except on those days when the establishment is
allowed to be open for 24 hours under the provisions of Condition 3,
3. The applicant shall submit to the Zoning Administrator at the beginning of each calendar
year a written request indicating the dates of operation that the applicant desires to be
open for 24 hours. If the Zoning Administrator finds that the use has been and is operating
consistent with the provisions and conditions of the use permit, the Administrator shall
allow 24-hour a day operation for the specified dates requested so long as the number and
duration of the events do not exceed 24 days per year. The applicant shall provide the Chief
of Police and the Fourth Police Precinct a schedule of the days the establishment will be
openfor 24 hours a day no less than sixty (60) days before the event.
4, Parking lot security shall be providedfor a minimum of one hour qfter closing, except for
the above-listed dates. During those dates, parking lot security shall be provided 24 hours
a day.
5, No alcohol shall be served after 2:00 A.M
6. Annual administrative review shall be required to ensure compliance with these conditions.
7. Trash dumpsters shall not be emptied before 7 A.M
8. Trash shall not be emptied into dumpsters qfter 10 PM
October 27, 2009
II
- 54 -
Item V-L.4.
PLANNING
ITEM # 59334 (Continued)
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-seventh of October
Two Thousand Nine
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert
M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor
William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
October 27, 2009
- 55 -
Item V-L.5.
PLANNING
ITEM # 59335
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinances upon application of 5105 PRINCESS ANNE, LLC / FULTON BANK,
(ABOUNDING GRACE ASSEMBLY) re a church at 5102 Princess Anne Road: Change of Zoning
District Classification from B-2 Community Business District and 1-1 Light Industrial District to
Conditional B-2 Community Business District; and Conditional Use Permit for religious use:
ORDINANCE UPON APPLICATION OF 5105 PRINCESS ANNE, LLC
/ FULTON BANK, FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION. B-2 COMMUNITY BUSINESS DISTRICT AND 1-1
LIGHT INDUSTRIAL DISTRICT TO CONDITIONAL B-2 COMMUNITY
BUSINESS DISTRICT, 5102 PRINCESS ANNE ROAD Z010091229
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of 5105 PRINCESS ANNE, LLC / FULTON
BANK, for a Change of Zoning District Classification. B-2 Community
Business District and 1-1 Light Industrial District to Conditional B-2
Community Business District, 5102 Princess Anne Road (GPIN#
14668837030000).
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 APPLICATION OF PASTOR WARREN
SINGLETON (ABOUNDING GRACE ASSEMBLY) / FULTON BANK,
FOR A CONDITIONAL USE PERMIT, RE RELIGIOUS USE, 5102
PRINCESS ANNE ROAD ROI00935377
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of PASTOR WARREN SINGLETON
(ABOUNDING GRACE ASSEMBLY) / FULTON BANK, for a
Conditional Use Permit. re religious use, 5102 Princess Anne Road
(GPIN# 14668837030000).
DISTRICT 2 - KEMPSVILLE \
The following conditions shall be required:
1. The applicants shall obtain all required building andfire code inspections and a Certificate
of Occupancy for the change of use from the Building Code Administrator,
2, The applicants shall install street frontage landscaping within a ten (10)-foot landscaping
bed beginning at the back of the existing curb running parallel to the building and parking
area.
3. If and when church attendance exceeds 100, the applicant shall install additional parking
spaces sufficient to accommodate additional members at a ratio of 1 space for every 3 seats,
October 27, 2009
- 56 -
Item V-L.5.
PLANNING
ITEM # 59335 (Continued)
These Ordinances 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-seventh of October
Two Thousand Nine
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert
M Dyer, Barbara M Henley, Mayor William D. Sessoms, Jr" John
E. Uhrin, Ron A. Villanueva, and James L. Wood
Council Members Voting Nay:
None
Council Members Abstaining:
Vice Mayor Louis R. Jones
Council Members Absent:
Rosemary Wilson
Vice Mayor Jones ABSTAINED Pursuant to Section 2.2-3115(E), Code of Virginia, re City Council's
discussion and vote on Item L.5" Ordinances upon application of 5105 PRINCESS ANNE, LLC /
FULTON BANK, (ABOUNDING GRACE ASSEMBLY), for a Conditional Change of Zoning and
Conditional Use Permit. The property is located at 5102 Princess Anne Road and owned by Fulton Bank.
Vice Mayor Jones has an ownership interest in Fulton Bank and receives more than $10,000 annually in
income from that ownership interest, Vice Mayor Jones' disclosure dated October 27, 2009, is hereby
made a part of the record
October 27, 2009
City of Virgir1ia Beach
LOUIS R. JONES
VICE MAYOR
PHONE:
FAX:
(757) 583-0177
(757) 588-4659
In Reply Refer to 0040206
October 27,2009
Mrs. Ruth Hodges Fraser, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Abstention Pursuant to Section 2.2-3115(E), Code of Virginia
Dear Mrs. Fraser:
Pursuant to the Virginia Conflict of Interests Act, Section 2.2- 3115(E), Code of Virginia,
I make the following declaration:
1. I am executing this written disclosure regarding City Council's discussion and
vote on the application of 5105 Princess Anne, LLC/ Abounding Grace Assembly
for a Conditional Change of Zoning and a Conditional Use Permit.
2. The property, which is located at 5102 Princess Anne Road, is owned by Fulton
Bank.
3. I have an ownership interest in Fulton Bank, and I receive more than $10,000
annually in income from that ownership interest. Fulton Bank's corporate
headquarters are located at One Penn Square, Lancaster, Pennsylvania 17602.
4. I wish to disclose this interest and abstain from voting on this matter.
Accordingly, I respectfully request that you record this declaration in the official records
of City Council.
1008 WITCH POINT TRAIL, VIRGINIA BEACH, VA 23455-5645
Mrs. Ruth Hodges Fraser
-2-
Re: Abstention Pursuant to Section 2.2-3115(E), Code of Virginia
Thank you for your assistance in this matter.
Sincerely,
~a.
Louis R. Jo
Vice Mayo
LRJ/RRI
October 27,2009
II
- 57 -
Item V-L.6.
PLANNING
ITEM # 59336
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED to the City
Council Session of November 10,2009, BY CONSENT, Ordinance upon application of NEW FIRST
COLONIAL ASSOCIATES for a Chanf!e of Zoning District Classification from R-15 Residential
District to Conditional 0-1 Office District re a dental office at 5315 Bonneydale Road.
ORDINANCE UPON APPLICATION OF NEW FIRST COLONIAL
ASSOCIATES FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-15 RESIDENTIAL DISTRICT TO
CONDITIONAL 0-1 OFFICE DISTRICT RE A DENTAL OFFICE AT
5315 BONNEYDALE ROAD
Ordinance upon application of NEW FIRST COLONIAL
ASSOCIATESfor a Change of Zoning District Classification from R-15
Residential District to Conditional 0-1 Office District re a dental office
at 5315 Bonneydale Road (GPIN# 14654920690000)
DISTRICT 2 - KEMPSVILLE
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Glenn R, Davis, William R, "Bill" DeSteph, Harry E. Diezel, Robert
M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor
William D. Sessoms, Jr" John E. Uhrin, Ron A. Villanueva, and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
October 27, 2009
- 58 -
Item V-L. 7.
PLANNING
ITEM # 59337
Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council DEFERRED
INDEFINITELY, BY CONSENT, Ordinance upon application of JESSUP CONSTRUCTION L.L.C I
JOHN P. MYERS for a Change of Zoning District Classification from R-40 Residential District to
Conditional R-20 Residential District in order to create four (4) lots from two (2) existing lots at 1125
and 1129 Trantwood Avenue:
ORDINANCE UPON APPLICATION OF JESSUP CONSTRUCTION
1.1. C. / JOHN P. MYERS FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-40 RESIDENTIAL DISTRICT TO
CONDITIONAL R-20 RESIDENTIAL DISTRICT IN ORDER TO
CREATE FOUR (4) LOTS FROM TWO (2) EXISTING LOTS AT 1125
AND 1129 TRANTWOOD A VENUE
Ordinance upon application of JESSUP CONSTRUCTION L.L.C I
JOHN P. MYERS for a ChanJ!e of Zoning District Classification from
R-40 Residential District to Conditional R-20 Residential District in
order to create four (4) lots from two (2) existing lots at 1125 and 1129
Trantwood Avenue (GPIN # 14988502950000; 14988504260000)
DISTRICT 5 - LYNNHA VEN
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert
M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor
William D. Sessoms, Jr" John E. Uhrin, Ron A, Villanueva, and
James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
October 27, 2009
II
- 59 -
Item V-L.8.
PLANNING
ITEM # 59338
Thefollowing registered in SUPPORT:
Attorney Edward Bourdon, Pembroke Office Park, Building 1,281 Independence Boulevard,
Phone; 499-8971, expressed appreciation for this legislation which is long overdue. Residents who have
a narrow riparian lot should not have to contact the Virginia Marine Resource Commission (VMRC)
and the Army Corps of Engineers and then secure a Variance from the Board of Zoning Appeals,
Attorney Carl Eason c/o Wolcott Rivers, 301 Bendix Road, Phone: 497-6633, advised this Ordinance will
streamline the process
The following registered in OPPOSITION:
Hal A. Hamberg, 2700 River Road, Phone: 481-6636, advised the process was working and new
amendments were not necessary.
Robert J Kerrigan, 1429 Back Cove Road, Phone: 412-0964, advised his neighbour, Mr. Kim applied to
build a pier and this was denied due to insufficient setback. Mr. Kim requested a variance from the
Board of Zoning Appeals, which was approved. This approval was appealed by himself and his
neighbor, Mr. Gardner. While the Appeal was appending, Mr. Kim proceeded to build a pier and a
dock. Mr, Kearigan displayed photographs of this pier, which are hereby made a part of the record.
The Zoning Administration has been requested to require the City of Virginia Beach immediately remove
the non-conforming pier,
Dr, Steve Taubman, 3042 L ynndale Road, Phone: 621-6018, adjacent property owner of a pier (applicant
is a client of Attorney Eason) which was granted by a Variance. He stated: "The Virginia Marine
Resource Commission (VMRC) regulations are extremely lax re piers ". The Board of Zoning Appeals is
the only fair way for a citizen to be heard.
Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council ADOPTED:
Ordinance upon application of CITY OF VIRGINIA BEACH to
AMEND *201 of the City Zoning Ordinance (CZO) re Setbacks for
Piers.
Voting: 8-2
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice Mayor
Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A.
Villanueva, and James L. Wood
Council Members Voting Nay:
Glenn R. Davis and Barbara M Henley
Council Members Absent:
Rosemary Wilson
October 27, 2009
II
1 AN ORDINANCE TO AMEND SECTION 201
2 OF THE CITY ZONING ORDINANCE,
3 PERTAINING TO SETBACKS FOR PIERS
4
5 Section Amended: City Zoning Ordinance 9 201
6
7 WHEREAS, the public necessity, convenience, general welfare and good zoning
8 practice so require;
9
10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
11 BEACH, VIRGINIA:
12
13 That Section 201 of the City Zoning Ordinance is hereby amended and
14 reordained to read as follows:
15
16 Sec. 201. Yards.
17
18 (a) General. All required yards shall be unobstructed by any structure or other
19 improvement which exceeds sixteen (16) inches in height as measured from
20 ground elevation; provided, however, the following improvements may be located
21 in a yard:
22
23
24
25 (8) Uncovered piers no more than four (4) feet in width may extend into
26 required side or rear yards if necessary to access naviqable water.
27 provided that no structures. except for uncovered boat lifts. shall be
28 permitted on any portion of the pier.
29
30
31 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2yth day of
32 October, 2009.
II
- 60-
Item V-M.1.
APPOINTMENTS
ITEM # 59339
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
John T. McGrann
Diana G. Ruche/man
3-Year Term
1/1/10-12/31/12
COMMUNITY SERVICES BOARD - CSB
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, Ron A. Villanueva, and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
October 27, 2009
II
- 61 -
Item V-M.2.
APPOINTMENTS
ITEM # 59340
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
Harriett Frenzel
William Gambrel
Marianne Littel
Henry Pearson
3 Year Term 1/1/10-12/31/12
HISTORIC PRESERVATION COMMISSION
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert
M Dyer, Barbara M Henley, Vice Mayor Louis R, Jones, Mayor
William D. Sessoms, Jr" John E. Uhrin, Ron A. Villanueva, and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
October 27, 2009
II
- 62-
Item V-M.3.
APPOINTMENTS
ITEM # 59341
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
Jay A. Bernas
Albert N. Henley
Henry L. Livas, Jr.
4-Year Term
1/1/10-12/31/13
PLANNING COMMISSION
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert
M Dyer, Barbara M Henley, Vice Mayor Louis R, Jones, Mayor
William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
October 27,2009
II
- 63 -
Item V-M.4.
APPOINTMENTS
ITEM # 59342
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
Glenny N. Harrington
Delceno C. Miles
2-Year Term
1/1/10-12/31/10
SENIOR SER VICES OF SOUTHEASTERN VIRGINIA
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, Ron A, Villanueva, and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
October 27, 2009
II
- 64-
Item V-M.S.
APPOINTMENTS
ITEM # 59343
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
Robert N. Templeton, II
Emmanuel Voces
4-Year Term
1/1/10-12/31/13
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert
M Dyer, Barbara M Henley, Vice Mayor Louis R, Jones, Mayor
William D. Sessoms, Jr., John E. Uhrin, Ron A, Villanueva, and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
October 27, 2009
II
- 65 -
Item V-M. 6.
APPOINTMENTS
ITEM # 59344
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
Admiral Carlton Jewett
5 -Year Term Plus
10/28/09 - 2/28/15
MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMISSION (MEDAC)
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, Ron A, Villanueva, and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
October 27, 2009
II
- 66 -
Item V-MI.
ITEM # 59345
NEW BUSINESS
Councilman Davis presented Mayor Sessoms the Virginia Municipal League's "President's Award/or
Leadership" which he accepted on behalf of the City at the Virginia Municipal League's Annual
Conference held in Roanoke.
This award recognizes the City's successful efforts in retaining Oceana Naval Air Station during the
BRAe deliberations.
October 27, 2009
- 67 -
Item v.P.
ADJOURNMENT
ITEM # 59346
Mayor William D. Sessoms, Jr, DECLARED the City Council Meeting ADJOURNED at 7:22 P.M.
~ .. !) 77,;,/1J
~---------------------
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
~
City Clerk
William D. Sessoms, Jr.
Mayor
City of Virginia Beach
Virginia
October 27, 2009
- 67-
Item v.P.
ADJOURNMENT
ITEM # 59346
Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 7:22 P.M.
~_~a~_~~_/"...
Beverly a. Hooks, CMC
Chief Deputy City Clerk
fi~~~
City Clerk
~~ - ----------.
William D. Sessoms, Jr.
Mayor
City of Virginia Beach
Virginia
October 27, 2009