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DECEMBER 1, 2009 CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At-Large VICE MAYOR LOUIS R, JONES, Bayslde - District 4 GLENN R. DA VIS, Rose Hall - District 3 WILLIAM R. DeSTEPH, At-Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER, Centerville - District J BARBARA M. HENLEY. Princess Anne - District 7 JOHN E. UHRIN, Beach District 6 RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES 1.. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - MARK D. STILES CITY ASSESSOR JERALD BANAGAN CITY AUDITOR LYNDON S. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC CITY COUNCIL AGENDA 1 December 2009 1. CITY MANAGER'S BRIEFINGS - Conference Room - 1. CYCLING SAFETY - BIKEWAYS and TRAILS PLAN Cindy Curtis, Director - Parks and Recreation A. M. Jacocks, Police Chief 2. LOTUS GARDEN CIP - 51 % Neighborhood Utility Installation Policy Thomas Leahy, Director - Public Utilities II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CITY HALL BUILDING 240i 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 V1. FORMAL SESSION AGENDA - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: 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 November 24,2009 G. FORMAL SESSION AGENDA H. PUBLIC HEARING 1. COMPREHENSIVE PLAN REVISIONS 1. CONSENT AGENDA 1. ORDINANCES 1. Ordinances to ACCEPT and APPROPRIATE Grant funds: a. $98,092 from the Federal Byrne Memorial Justice fund through the Virginia Department of Criminal Justice to the Department of Human Services re the Crisis Intervention Team (CIT) b. U.S. Department of Justice re Bullet Proof Vests: 1) Sheriff $18,930 2) Police $26,140 c. $80,000 from the U. S. Department of Justice re Internet Crimes Against Children Task Force Program 1'1 K. PLANNING - NO ACTION: 1. Application of CITY OF VIRGINIA BEACH for an Ordinance to AMEND Section 1001 of the City Zoning Ordinance (CZO) re religious uses in the 1-1 and 1-2 Industrial Districts L. PLANNING 1. Application of BREAKING OF DAYIWILLIAM H. THUMEL, JR. for a Conditional Use Permit re a church at 4966 Euclid Road, Suites 101-103 DISTRICT 2 KEMPSVILLE RECOMMENDATION ALLOW WITHDRAWAL 2. Applications of ENOCH BAPTIST CHURCH at 5641 Herbert Moore Road DISTRICT 2 - KEMPSVILLE: a. Modification of Condition No.1 (approved on August 28,2001) re additional parking b. Conditional Use Permit re outdoor basketball/tennis court RECOMMENDATION APPROVAL 3. Application of KATHERINE PENNINGTON for a Conditional Use Permit re residential kennel at 3485 Head River Road DISTRICT 7 PRINCESS ANNE RECOMMENDATION APPROV AL 4. Application of FAITH CHRISTIAN MINISTRIES, INC.lALBANO FAMILY LTD, PARTNERSHIP for a Conditional Use Permit re a church at 305 Waverly Drive, Suite A DISTRICT 3 - ROSE HALL RECOMMENDATION APPRO V AL 5. Application of KIMBERLY VAKOS/CNJ ENTERPRISES, INC, T/A PAUL'S AUTO SERVICE for a Conditional Use Permit re motor vehicle sales, repair garage and bulk storage at 128 Happy Street DISTRICT 3 - ROSE HALL RECOMMENDATION APPROVAL 6. Application of PHIL SAND INVESTMENTS, INC. for a Change of Zoning District Classification from 0-2 Office District to Conditional B-2 Community Business District re a dental lab at 6044 Providence Road DISTRICT 2 -KEMPSVILLE RECOMMENDATION APPROV AL 1'1 M. APPOINTMENTS BIKEWAYS and TRAILS ADVISORY COMMITTEE COMMUNITY SERVICES BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION PLANNING COMMISSION PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION WETLANDS BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT ********************************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** City Council Sessions December 8 - Informal and Formal Sessions Town Hall Meetings - 2010-11 Municipal Budget Thursday, December 3, 7:00 PM Kellam High School, 2323 Holland Road II ******** 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 12/1 /09st www.vbgov.com II - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 1,2009 Mayor William D. Sessoms, Jr., called to order the CITY COUNCIL'S BRIEFING re CYCLING SAFETY - BIKEWAYS and TRAILS PLAN in the City Council Conference Room, Tuesday, December 1.2009, 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 and James L. Wood Council Members Absent: Ron A. Villanueva [Entered: 3:40 P.MJ Rosemary Wilson December 1, 2009 II - 2 - CITY MANAGER'S BRIEFING CYCLING SAFETY - BIKEWAYS and TRAILS PLAN ITEM # 59424 3:00 P.M. Cindy Curtis, Director of Parks and Recreation, advised there are two (2) portions to the presentation: Cycling Safety to be presented by Chief James A. Cervera, and the Bikeways and Trails Plan, which she will provide, Deputy Chief James A. Cervera presented information re Bikes and Roads Safety Awareness: Who Bikes in Virginia Beach? . There is no clear and absolutely correct number. . It is estimated that 27.3 % of the population (age 16 or older) rides · 41 % ride for exercise/health . 37% ride for recreation . 5 % ride for commuting purposes Formal Biking Groups . USA Cycling has seventy-five (75) registered clubs/teams in the Commonwealth of Virginia . These are registered competitive clubs/teams . There are nine (9) known registered competitive teams in Virginia Beach Virginia Beach Race Clubs . Tri-Power . Atlantic Velo -Virginia . Coastal Racing . Fat Frogs Racing . Tidewater Bicycle Race Club · Team Vanderkitten . Virginia Beach Velo / East Coast Bicycles . Virginia Beach Wheelmen . Virginia Cycling Association, Inc. There are other biking associations . Tidewater Biking Association (TBA) is the largest . Many informal riding groups . Atlantic Collegiate Cycling Conference contains 22 colleges and universities of which 7 are Virginia institutions December 1, 2009 III - 3 - CITY MANAGER'S BRIEFING CYCLING SAFETY - BIKEWAYS and TRAILS PLAN ITEM # 59424 (Continued) Bike Retailers . Bike Beat . Conte's . Best Value Hardware . BooKoo Bikes . HDK Cycles . Fat Frogs . Final Kick Sports . Freewheelin Bikes . Kettler Showman . Happy Trails Bike Shop · Ocean front Bicycles · North End Cyclery · Dick's · Sports Authority · Sears . Walmart · K-Mart · Performance Bikes · Target . There exist numerous bike rental establishments -..''''''''------..-.~~'..'''.m. Where People Bike Bicycle Paths/ Walking Paths/Trails 13% Sidewalks 14% Bicycle Lanes on Roads 5% Unpaved Roads 5% Other 2% This information was derived from the 2002 National Survey of Pedestrian and Bicyclist Attitudes and Behaviors. December J, 2009 i II III - 4 - CITY MANAGER'S BRIEFING CYCLING SAFETY - BIKEWAYS and TRAILS PLAN ITEM # 59424 (Continued) ,,,~ .,..=,___UWgffYJY Bike I n j u r re-SiFi~Crcrsines- in Virginia Beach 126 20 140 120 100 80 60 40 o 2001 2002 2003 2004 6 2007 2008 2009 2005 200 The Division of Motor Vehicles, Virginia Highway Safety Office, Virginia Beach reported statistics for injury numbers. The average age of those being injured or killed is 31 years of age. In 2008 - Nationwide Statistic - 87% of cyclists killed and 79% of those seriously injured - were male. Trends in Virginia and Virginia Beach mirror these statistics. -".~_._---_..,,,..,' Bike Fatalities in Virginia Beach 2 r--- I i i i I i 1 I I i i i i o l- \-.-....--.--. . --- - - -1"--"--'--- - - -- -.. I - - --- ---... - ~---~~~..-- - ..-- - ---- -' ..-.. --..- - 2001 2002 2003 2004 6 2007 2008 2009 2005 200 All data was collectedfrom Virginia Beach Police Department fatality logs. The cyclist is atfault in 75 % of all fatalities involving bikes in Virginia Beach (6 out of 8). The most common violation is 'failure to yield the right of way ", There was only one (1) fatality this year and one (1) last year, December 1, 2009 . I II III - 5 - CITY MANAGER'S BRIEFING CYCLING SAFETY - BIKEWAYS and TRAILS PLAN ITEM # 59424 (Continued) Chief Cervera displayed a graphic depicting 2009 Bike Accidents by Police Department Zone, Nationwide - 69% of all cyclist accidents occur in urban areas. There have not been any accidents this year in the Country involving a bicycle and a vehicle. Council Lady Henley expressed concern re accidents in the County. Council Lady Henley is Liaison to both the Bikeways and Trails Advisory Committee and the Agricultural Advisory Commission have indicated the need for education enforcement re cycling safety. There have been changes in the last few years. Previous to this, there were two (2) or three (3) rides per year with permits. Now, group bicycle rides are an everyday occurrence. The motorist does not know how to react to these groups. There needs to be education for the motorist as well as the cyclist. Frustration andfear are causing conflict, Police Actions to Date . All officers have been trained in the enforcement of bike related violations and general crash investigation for bike involved crashes · Bike safety Podcast has been created* · Bike awareness flyers distributed** · Increased enforcement efforts are underway * Each member of City Council was provided a copy of Bicycle Laws and Safety, which is hereby made a part of the record. **To date, the Police Department has created a new bike awareness flyer for distribution. Targeted enforcement efforts are being planned for those roadway behaviors that are creating the greatest risk (fail to yield, unsafe passing, fail to obey traffic controls and failure to move to single file when being passed), Conclusion · Use of the roadways by bikes and other alternate modes will continue to increase · Alternate modes should not be discouraged · Increased awareness, through education, enforcement and increased usage, will result in safer roadways Cindy Curtis, Director - Parks and Recreation presented information re Bikeways and Trails Plan, the 2010 Update. The 2004 Plan "Citizen Bike Survey": 1,729 surveys were returned (the Survey was conducted through the Web and distributed to bike shops, which represented residents throughout the community) · Main findings 1. Oceanfront and Shore Drive (most popular for biking) 2. "Share the Road" campaign 3. Multi-jurisdictional planning (work with Norfolk and Chesapeake) 4. Multi-modal coordination 5. Bike lanes or paved shoulders on major roads 6. Norfolk Avenue Trail December J, 2009 i I II n - 6- CITY MANAGER'S BRIEFING CYCLING SAFETY - BIKEWAYS and TRAILS PLAN ITEM # 59424 (Continued) Other items of interest include: 90% want bike routes in their neighborhoods 2006 Community Survey reinforced the public priority for bikeways and trails The 2004 Plan · Three Goals 1. Premier biking and trails destination in the mid-Atlantic 2. Connectivity thru a safe, continuous and coordinated system 3. A variety of facilities to satisfy a variety of users · On-road, off-road and shared-use · Recommend a tiered system Primary network Secondary network Specialized facilities · Successes: · Nine (9) miles of new shared-use pathways · Bikeways & Trails Advisory Committee (BTAC) · Systematized pedestrian system improvements · Grantfunding over $1,000,0001 . Cape Henry Trail Renovation, Cape Henry Trail Extension, Shore Drive Demonstration Project and Pacific Avenue Trail · Shared use paths and new on-road facilities in new roadway projects · Princess Anne Road/Nimmo Parkway; Wesleyan Drive The 2004 Plan and Extension, 2006 December I, 2009 1'1 - 7 - CITY MANAGER'S BRIEFING CYCLING SAFETY - BIKEWAYS and TRAILS PLAN ITEM # 59424 (Continued) l ' ':' ~\ ~', :~, ~ .' ':' " w,'" ---~. ,~ ---._,---,..,.,. The 2004 Plan .. Shore Drive Trail, 2007 ~ Maritime Trail, 2008 :,",,', ' ',," .'"" , .', ~- .__.--- .......~-~ The 2004 Plan " Pacific Avenue Trail, finishing in 2010 <II Providence Road sidewalks December 1, 2009 , II II - 8 - CITY MANAGER'S BRIEFING CYCLING SAFETY - BIKEWAYS and TRAILS PLAN ITEM # 59424 (Continued) The 2010 Update . Align with new Comprehensive Plan . Alternate transportation in a multi-modal system . Establish commuter routes . Incorporate bike/walk improvements in SGAs . Balance recreation and transportation · Refine the sidewalk improvement planning process . Education and Communication . Re-evaluate route and trail recommendations · Tighten the funding plan . Benchmark the research - compare with other cities PRELIMINARY process and timeline . Bikeways and Trails Advisory Commission (BTAC) technical reviews · January: Facility types . February: SGA plans · March: Education . April: Transition area . May: Light Rail and other corridors · June: CIP planning . July/August: Final workshops . September/October: Planning Commission and City Council public hearings · November: City Council adoption as component of Comprehensive Plan · Public input & outreach · Recent surveys · February/March: · April/May: · BTAC Stakeholder meetings Public workshops (City Council-appointed citizen committee) monthly meetings as Steering Committee Conclusion · No action requested of City Council today · BTAC will brief City Council periodically on progress · Plan completion in late 2010 · Implementation begins in 2011 Cindy Curtis introduced Wayne T. Wilcox, CLA, Senior Planner - Virginia Parks and Recreation and primary Liaison with the Bikeways and Trails Advisory Committee. Mr. Wilcox will be responsible for the compilation of this 2010 plan. December 1,2009 i II II - 9 - CITY MANAGER'S BRIEFING LOTUS GARDEN CIP- 51% Neighborhood Utility Installation Policy 3:35 P.M. ITEM # 59425 The City Manager introduced Tom Leahy, Director - Public Utilities, to present information re the Lotus Garden Farms Capital Improvement Program Project and the 51% Neighborhood Utility Installation Policy. Thomas Leahy advised re the Public Utilities Neighborhood Water and Sewer Program: · In place since the 1960's · Affirmed by City Council Resolution in 1982 · Sanitary Sewer - 51% of property owners sign petition · Water Supply - 75% of property owners sign petition · Water supply provisions modified in 1986 · Petition threshold loweredfrom 75% to 51% · Providedfor "Lock-in" of Water Resource Recovery Fee (WRRF) · After 51% threshold is achieved, Public Utilities includes a project in the Capital Improvement Program · The priority is reflected by funding year in the Capital Improvement Program Mandatory Connection · Mandatory Connection - City Code 28-2 and 37-5 · Owner must connect within one year after receiving notice that the water or sewer system is "available" · No exceptions from connecting to the system · Fee exceptions for certain disadvantaged groups · Administrative Definition of A vailable, Connected · Sewer is not available if gravity service is not available or if sewer lateral would be longer than 600 feet · Voluntary connection allowed with private grinder pump station andforce main (@ 50%fees) · Water meter must be set andfees paid, but customers do not have to use the public water supply Priority for Neighborhood Projects · Highest Priority - Public Health and Safety · Non-repairable onsite systems - potential or actual loss of occupancy. Environmental hazard · Determination by VDH or City · Standard Priority · Coordination/alignment with other projects · Overall desire of neighborhood for the project · Environmental benefits · Unit Cost ($ per lot) · Competing CIP needs · Lowest Priority - Development Considerations December 1,2009 i II II - 10- CITY MANAGER'S BRIEFING LOTUS GARDEN CIP - 51% Neighborhood Utility Installation Policy ITEM # 59425 (Continued) Over the history of the last thirty (30) years, there have been approximately 13,000 to 14,000 septic tanks eliminated and provided City service at a cost of $150-MILLION, which is a present day cost of $250- MILLION (approximately $10,000 per lot under actual dollars and $17,000 to $18,000 in inflated dollars). The competing Capital Improvement needs and the Unit Cost Per Lot caused by Consent Order have dominated the priority of these projects. Lotus Garden Farms - History · Lotus Garden Farms: 74 lots without public water supply or sanitary sewer · Virginia Department of Health (VDH) has conducted Public Health Assessments since 1994 (most recent in 2009) · VDH identified an intermediate need for corrective action · Due to poor soil conditions, ability to obtain a traditional septic field permit for new construction or for additions is variable and site specific · Virginia Department of Health (VDH) is required to evaluate alternative systems Lotus Garden Farms 51% Project · A potential sewer project in Lotus Garden Farms was identified in 2001 - 51% participation reached in 2005 - CIP project created in 2006 · Project would be constructed in conjunction with development of Ashville Park East · City savings of more than $2.0-MILLION. One sewer pump station instead offour · Pump Station would be sizedfor other undeveloped areas according to Comprehensive Plan (developers would build collection systems, if any, and pay pump station pro-rata fees) h fill Q IS ~ o ~~F/D ~ z <( </) </) UJ (J z ir Q. r;; MUD~~.IS...--.--~." December 1, 2009 , II II - 11 - CITY MANA GER 'S BRIEFING LOTUS GARDEN CIP- 51% Neighborhood Utility Installation Policy ITEM # 59425 (Continued) Current Appropriations 5.203 6.203 6.148 Nei hborhood 51% Water Nei hborhood 51% Sewer System Expansion Cost Partiei ation A reements TOTAL ro riated in FY 2007 Funds Available Jul 1,2009 $ 1,994,756 $ 1,582,017 $ 1,660,743 CIP $ 5,237,516 Lotus Garden Farms Current Situation . Due to the housing market, the Ashville Park East development is on HOLD - Indefinitely . Funding is insufficient to complete the project without developer cost participation . The Department of Public Utilities has evaluated alternative options for Lotus Garden Farms: . Status Quo - no action at this time . Gravity Service (traditional gravity system or vacuum system) . Low-pressureforce main (LPFM) Low Pre~ssureForce~1Vrarn' RiW 1 BUILOING . 1 PRIVATE SERVICE UNE J ---- ..- GATE VALVE...../'. & CHECK VALVE / IN BOX AT RiW LINE Low Pressure Force Main owned and operated by Virginia Beach Public UtIlities LIMIT OF HOMEOWNER'S MAINTENANCE COMPONENTS OF LOW PRESSURE SYSTEM December 1, 2009 ,I II II - 12 - CITY MANAGER'S BRIEFING LOTUS GARDEN CIP - 51% Neighborhood Utility Installation Policy ITEM # 59425 (Continued) '~~PrT~ateG~r.i n a e rl'lfmp Lotus Garden Farms- Cost Estimates Initial Cost Net Cost Net Per Lot Ashville Park East Vacuum System with Cost $3.5 -MILLION $ 2.9-MILLION $40 - Thousand Participation Agreement (serving Lotus Garden Farms) Lotus Garden Farms Standalone Gravity $7.4 -MILLION $ 7.3-MILLION $99 - Thousand System Lotus Garden Farms Vacuum System $6.4 - MILLION $ 5.7-MILLION $78 - Thousand (includinf! capacityforfuture development) Lotus Garden Farms Low Pressure Force $1.85 -MILLION $ 1.8-MILLION $25 - Thousand* Main *Revised estimate in 2009 Customer Cost to Connect Traditional System Low Pressure Force Main and Private Pump Station Tap and Connection Fees (assume $ 2,000 $ 1,000 24 DFU's) Abandon Septic Tank/Plumbing $ 4,000 +/- (Highly Variable) Chanf!es/Install Private Lateral Engineered Private Pump Station $ 4,500 and Appurtenances Abandon Septic Tank/Plumbing $ 4,500 +/- (Highly Changes, Install Pump Station, Variable) Electrical, and Force Main Total $ 6,000 +/- $10,000 +/- December J, 2009 II - 13 - CITY MANAGER'S BRIEFING LOTUS GARDEN CIP - 51 % Neighborhood Utility Installation Policy ITEM # 59425 (Continued) Sewer Option Pros and Cons . Vacuum or Gravity System for Lotus Garden Farms . Expensive for Customer Base ($ 78-99K per lot), less expensive for LGF property owners ($6K +/- per lot) . Adds small City pump station to the system . LPFMfor Lotus Garden Farms . Less expensive for Customer Base ($25K per lot), more expensive for LGF property owners ($10K +/- per lot) . Property owners must maintain private pump station . Existing mandatory connection policy is problematic -we cannot build a systemfor many to be used by a few Low Pressure Force Main (LPFM) Operational Issues-1 . Detention time and age of wastewater can lead to significant odor and corrosion issues in the public system . Must have 50% of connections online to maintain reasonable flow in force main . Existing septic tank cannot be used · Septic tank - 5 to 10 days of detention time . Private Grinder Station - 0.5 to 1 day of detention time . City side will be ductile iron with fusion-bonded epoxy coating to increase reliability and reduce SSO's caused by external damage (excavations, trench less utility installations, etc) Low Pressure Force Main (LPFM) Operational Issues - 2 . If the private grinder pump station is a quality installation and is properly maintained, it can provide trouble free service for decades . The reverse is also true with respect to poor quality installations and inadequate maintenance . During power failure, private pump station will not work unless THE home has a generator . LPFM is a different level of service from gravity or vacuum. Experience with condominium properties suggests that in the future, some customers may object and demand upgrades to traditional system A Community Meeting was held October 24, 2009. The Objectives were: Inform property owners of project status; receive input relative to problems with onsite systems and discuss potential alternatives. Approximately twenty-five (25) persons participated, representing roughly one-fourth of the property owners, The staff does not know if the attendee preferences voiced at the meeting are a reasonable approximation of the overall Lotus Garden Farms community preferences Community Meeting Highlights . Several residents expressed concern with difficulties or restrictions on development or additions - strong desire for sanitary sewer . Some residents voiced concerns about the mandatory connection obligation and cost to connect . A United States Federal Wildlife Service employee suggested collaborating to extend sanitary sewer to the National Wildlife Refuge Visitor Center (that type of coordination would occur in any event) December 1, 2009 II - 14 - CITY MANAGER'S BRIEFING LOTUS GARDEN CIP - 51% Neighborhood Utility Installation Policy ITEM # 59425 (Continued) Other Un-Served Areas in the City . Lotus Garden Farms is not an isolated case . There are approximately 552 septic systems north of the Green Line and 231 in the Transition Area . At this time, we have identified six 51% Neighborhood projects which could provide service to 245 properties . The average cost of these six 51% Neighborhood sanitary sewer projects is about $85,000 per lot . Property owners in these other areas might reasonably expect that what we do for Lotus Garden Farms, the City would do for them Questionsfor Low Pressure Force Main (LPFM) Projects . Should existing 51% petitions, signed under the expectation of gravity service, be binding if the project is changed to a LPFM . Should the City (could the City) mandate that homeowners install and maintain private pumping stations - even if they declined to sign a petition . Should the Department of Public Utilities (DPU) pay for all or part of the cost of the private pumping system as part of the project . Should establish construction standards and annual maintenance requirements . Would the City allow developers to install these systems Recommended Actions . Conduct a survey of the Lotus Garden Farms residents: . Collect information on existing on-site systems (reliability, history of repairs, permit issues, etc) . Inform owners about their responsibilities and costs to connect to water and sewer systems (include LPFM info) . Determine current level of interest in connecting to City sewer (gravity project or LPFM) and water . Gather informationfrom Communities that use LPFM's . Prepare Policy Report and recommendations · Review with Water Task Force . Bring back to City Council Council Lady Henley questioned whether the 51% participation should be valid, if the type of system is changed The Force Main is a deviation from what people normally acquire with public sewer. Mr. Leahy advised the Capital Improvement Program will not change, These funds will still be available. Council Lady Henley advised the City Council needs to understand that the funds are "just sitting" now when they might be neededfor other projects. December 1,2009 II - 15 - CITY COUNCIL LIAISON REPORTS ITEM # 59426 4:20 P.M. HAMPTON ROADS TRANSPORTATION DISTRICT COMMISSION (HRT) Councilman James L. Wood and John E. Uhrin, Liaisons -Hampton Roads Transportation District Commission, referenced information re the Virginia Beach Transit Extension Study Station Area Workshops scheduledfor December 2 (Westin Virginia Beach Town Center) and December 9,2009, (Virginia Beach Conference Center). The Agenda and copy of the Powerpoint were distributed and hereby made a part of the record. December 1, 2009 , II II - 16 - CITY COUNCILCOMMENTS 4:21 P.M. ITEM # 59427 Council Lady Henley reminded City Council of the last Town Hall Meeting concerning the FY 2010-11 Municipal Budget, will be held Thursday, December 3, at 7:00 P.M. at Kellam High School, 2323 Holland Road. ITEM # 59428 Councilman Uhrin referenced requests from several non-profit entities re directional signing. He did not wish this confused with billboards, as this is ground signage and indicates the direction in which a use or establishment is located. Council Members Uhrin and Davis have requested and proposed an Ordinance AMENDING Sections 111,211 and 212 of the City Zoning Ordinance (CZO) to ADD new section 211.1 defining the term "Roadside Guide Sign". Council Members Uhrin and Davis requested a Resolution referring this topic to the Planning Commission for recommendation and be scheduled for the City Council Session of December 8, 2009. ITEM # 59429 Mayor Sessoms advised on Wednesday, December 2, 2009, he would be extending appreciation to the City Employees coordinating the 2009 - 2010 United Way Campaign, at the Golden Coral Luncheon in Red Mill Commons. It amazes the Mayor in these economic times that the employees have exceeded last year's contribution and this year's goal by more than 520,000. December 1,2009 j11 - 17 - AGE N DA REV IE W S E S S ION ITEM # 59430 4:23 P.M. 1.1. Ordinance to ACCEPT and APPROPRlATE Grantfunds: $80,000 from the U S. Department of Justice re Internet Crimes Against Children Task Force Program Councilman DeSteph expressed concern the City of Virginia Beach will be directly responsible for expending and accounting for $40,000, which will be used to pay for training, equipment and overtime, The remaining $40.000 will be pass-through monies to affiliate agencies and will be managed by the City. The request does not state what these pass-through monies will be passed to or usedfor. Lieutenant Hart advised, re Internet Crimes Against Children, funding was first established ten (10) years ago, through Task Forces. The County of Bedford, and more specifically the Southern Virginia Internet Crimes Against Children Task Force, has been awarded federal funding with the Grant. The City of Virginia Beach Police Department has been approved as a sub-recipient for $80,000 of this funding. $40,000 is for the Virginia Beach Police Department and the other $40,000 is to pass-through to other high tech agencies for their use. Naval Criminal Investigative Services (NCIS) is the only affiliate agency at this time. As part of the mandate, over the course of the next few years, the Virginia Beach Police Department will be able to recruit other agencies into the Virginia Internet Crimes against Children Task Force. Councilman DeSteph requested an update concerning this $40,000, ITEM # 59431 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: 1. ORDINANCES 1, Ordinances to ACCEPT and APPROPRIATE Grantfunds: a. $98,092 from the Federal Byrne Memorial Justice fund through the Virginia Department of Criminal Justice to the Department of Human Services re the Crisis Intervention Team (CIT) b. Us. Department of Justice re Bullet Proof Vests: 1) Sheriff $18,930 2) Police $26,140 c. $80,000 from the U S. Department of Justice re Internet Crimes Against Children Task Force Program December 1, 2009 II - 18 - AGE N DA REV IE W S E S S ION ITEM # 59432 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: L. PLANNING 1. Application of BREAKING OF DA YIWILLIAM H. THUMEL, JR.for a Conditional Use Permit re a church at 4966 Euclid Road, Suites 101-103 DISTRICT 2 KEMPSVILLE 2. Applications of ENOCH BAPTIST CHURCH at 5641 Herbert Moore Road DISTRICT 2 -KEMPSVILLE: a. Modification of Condition No.1 (approved on August 28, 2001) re additional parking b. Conditional Use Permit re outdoor basketball/tennis court 3. Application of.KA THERINE PENNINGTON for a Conditional Use Permit re residential kennel at 3485 Head River Road DISTRICT 7 PRINCESS ANNE 4, Application of FAITH CHRISTIAN MINISTRIES, INC.lALBANO FAMILY LTD, PARTNERSHIP for a Conditional Use Permit re a church at 305 Waverly Drive, Suite A DISTRICT 3 - ROSE HALL 5. Application of KIMBERLY VAKOS/CNJ ENTERPRISES, INC, T/A PAUL'S AUTO SERVICEfor a Conditional Use Permit re motor vehicle sales, repair garage and bulk storage at 128 Happy Street DISTRICT 3 - ROSE HALL 6. Application of PHILSAND INVESTMENTS, INC. for a Change of Zoninf! District Classification from 0-2 Office District to Conditional B-2 Community Business District re a dental lab at 6044 Providence Road DISTRICT 2 -KEMPSVILLE Item L.I (BREAKING OF DAYIWILLIAM H. THUMEL, JR), will be WITHDRA WN, BY CONSNET December 1, 2009 Iii - 19 - ITEM # 59433 Mayor William D. Sessoms, Jr. entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for thefollowingpurpose: PERSONNEL MATTERS: Discussion, consideration of, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A}(1) Council Appointments: Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLIC CONTRACT: Discussion of the award of a public contract involving the expenditure of public funds, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to or interviews of prospective candidates Section 2.2-3711 (A}(30) EDIP Grant Upon motion by Councilman Wood, seconded by Councilman Uhrin, City Council voted to proceed into CLOSED SESSION at 4:27 P.M. 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 (Break: 4:28 P.M. - 4:35 P.M.) (Closed Session: 4:35 P.M. - 4:50 P.M.) (Dinner: 5:00 P.M. - 5:40 P.M.) December 1, 2009 i II H - 20- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL December 1,2009 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, December 1, 2009, at 6:00 P.M Council Members Present: Glenn R. Davis, Robert M Dyer, William R, "Bill" DeSteph, Harry E. Diezel, 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 INVOCA TION: Vice Mayor Louis R. Jones 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 December 1, 2009 i 11 H - 21 - 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. December 1, 2009 i II !II - 22- Item - V-E.} CERTIFICATION ITEM # 59434 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council, Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R, Jones, Mayor William D, Sessoms, Jr., John E. Uhrin, Ron A, Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson December 1, 2009 I II 1'1 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 #59433, Page 19, and in accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW; THEREFORE, BE IT RESOL VED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. uth Hodges Fraser, MMC City Clerk December 1, 2009 I II III - 23 - Item V-F.I ITEM # 59435 Upon motion by Council Lady Wilson, seconded by Councilman Wood, City Council APPROVED the MINUTES of the FORMAL SESSION of November 24,2009. Voting: 9-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D, Sessoms, Jr., John E. Uhrin, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Glenn R. Davis Council Members Absent: Rosemary Wilson Councilman Davis ABSTAINED, as he was not in attendance during the Formal City Council Session of November 24, 2009. He left after the Closed Session to attend Thanksgiving in New York with family. December 1, 2009 I II 1'1 - 24- Item V-G.1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 59436 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION December 1, 2009 I II III - 25 - Item V-H.J. PUBLIC HEARING ITEM # 59437 Mayor Sessoms DECLARED A PUBLIC HEARING: COMPREHENSIVE PLAN REVISIONS The following registered to speak: William W Harrison, Jr., Vice President - Central Business District Association (CBDA), 222 Central Park Avenue, Suite 1700, Phone: 473-5387, expressed appreciation to the City Manager, Staff and the Planning Commission for their efforts in developing the Comprehensive Plan.. The CBDA believes this Plan creates a great template for the immediate and long range future of Virginia Beach. The Plan recognizes Virginia Beach is a City of strong, vibrant, safe and attractive neighborhoods. Residential real estate makes up a substantial portion of the tax base and sustainability is critical. CBDA agrees with the Plan's emphasis on fostering collaborative, voluntary neighborhood preservation. CBDA also concurs with the creation of the Neighborhood Design Center that aids our citizens with design recommendations. The CBDA compliments the City Council re the planningjust completed on the SGA 4 Pembroke area, which is dynamic and bold. Henry Ryto, 408 Jasper Court, Phone; 687-8585, advised the pending Comprehensive Plan is much more readable than the existing plan. However, there is an omission in the Plan -lower income housing units. The DRAFT Plan speaks of a diversity of housing to accommodate a variety of income levels, A study by Virginia Tech found that the City had a shortage of over 14,000 units. A realistic and executable Housing Plan is needed. Robert Miller, represented Virginia Beach Visions, 5033 Rouse Drive, Phone: 490-9264. This is an excellent Comprehensive Plan. However, this rapidly changing world will not allow the creation of a perfect Plan. Change andflexibility remain constant. Actions must sustain strong neighborhoods and revitalize stressed ones. The Strategic Growth Areas are intended to accommodate and ensure urban growth. This urban type of mixed use development offers as much as fifteen (15) times the commercial tax base as the existing use. The three (3) SGA's (Strategic Growth Areas) positioned around Oceana must include economic growth opportunities for such land uses as institutional, commercial, office, retail and light industrial, The SGA's must conform to the City's AICUZ provisions, Tammy Burroughs Dail, 1585 North Muddy Creek Road, Phone: 284-1974, represented the PVLA (Pungo Village Landowners Association), which has been in existence for over five (5) years. The Urban Land Institute study delineated the central growth in this area, the "Village" concept, and included City water and sewer, Ms. Dail encouraged the City Council to bring back the ULI study and recommendations, Because of the lack of vision in the past, there is a large building sitting empty. Ms. Dail encouraged crossing the Green Line and including the entire Village, There being no further speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING December 1, 2009 II - 26- Item V-J. ORDINANCES/RESOLUTIONS ITEM # 59438 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items 1 albic 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 December 1, 2009 I II III - 27- Item V-J.la1b/c ORDINANCES ITEM # 59439 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinances to ACCEPT and APPROPRIATE Grantfunds: $98,092 from the Federal Byrne Memorial Justice fund through the Virginia Department of Criminal Justice to the Department of Human Services re the Crisis Intervention Team (CIT) u.s. Department of Justice re Bullet Proof Vests: 1) Sheriff $18,930 2) Police $26,140 $80,000 from the U. S. Department of Justice re Internet Crimes Against Children Task Force Program 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 December 1,2009 I II 1'1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS FROM THE VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES AND TO PROVIDE, BY TRANSFER AND BY APPROPRIATION, THE REQUIRED LOCAL MATCH BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT: (1) $98,092 in federal pass-through grant funding from the Virginia Department of Criminal Justice Services (UDCJS") is hereby accepted and appropriated, with federal revenue increased accordingly, to the FY 2009-1 0 Operating Budget of the Department of Human Services to continue the Crisis Intervention Team Pilot Project. (2) $10,899 of fund balance is hereby appropriated in the DEA Seized Assets Fund and transferred to the FY 2009-10 Operating Budget of the Department of Human Services to provide the required local match for the DCJS grant. (3) $10,899 is hereby transferred from the FY 2009-10 Operating Budget of the Sheriff Department to the FY 2009-10 Operating Budget of the Department of Human Services to provide the required local match for the DCJS grant. (4) $10,900 is hereby transferred within the FY 2009-10 Operating Budget of the Department of Human Services to provide the required local match for the DCJS grant. Adopted by the Council of the City of Virginia Beach, Virginia on the First day of December , 2009. Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content: Approved as to Legal Sufficiency: JJua_~ Management Services ~~~---- CA11324 R-2 November 16, 2009 II 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE UNITED STATES DEPARTMENT OF 3 JUSTICE FOR BULLET-PROOF VESTS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 1. That $45,070 is hereby accepted from the United States Department of 9 Justice and appropriated, with federal revenue increased accordingly, as follows: 10 11 (a.) $26,140 to the FY 2009-10 Operating Budget of the Police 12 Department; and 13 14 (b.) $18,930 to the FY 2009-10 Operating Budget of the Sheriff's Office. Adopted by the Council of the City of Virginia Beach, Virginia on the First day of December , 2009. Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content: Approved as to Legal Sufficiency: (JM~,. Management Services ~~ - . y A o. 's Office - CA11328 R-3 November 19, 2009 I II III 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDING FROM THE UNITED STATES DEPARTMENT 3 OF JUSTICE THROUGH THE BEDFORD COUNTY 4 SHERIFF'S OFFICE 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 1. That $80,000 is hereby accepted from the United States Department of 10 Justice through the Bedford County Sheriff's Office and appropriated, with federal 11 revenues increased accordingly, to the FY 2009-10 Operating Budget of the Police 12 Department for activities related to the Internet Crimes Against Children Task Force. 13 14 2. That items purchased with these grant funds are not guaranteed 15 replacement by the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia on the First day of December , 2009. Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content: Approved as to Legal Sufficiency: >>~Q.~ ~ - -- -- y rney's Office Management Services CA11327 R-2 November 18, 2009 II K. PLANNING - NO ACTION 1. CITY OF VIRGINIA BEACH L. PLANNING - 28 - ITEM # 59440 1. BREAKING OF DA YIWILLIAM H. THUMEL, JR. 2. ENOCH BAPTIST CHURCH 3. KATHERINE PENNINGTON 4. FAITH CHRISTIAN MINISTRIES, INC. 5. KIMBERLY VAKOS/CNJ ENTERPRISES, INC. 6. PHILSAND INVESTMENTS, INC. Ordinance to AMEND Section 1001 of the City Zoning Ordinance (CZO) re religious uses in the 1-1 and 1-2 Industrial Districts CONDITIONAL USE PERMIT MODIFICATION OF CONDITION 1 (APPROVED 8/28/2001) CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING December 1, 2009 II - 29- K. 1. PLANNING - NO ACTION ITEM # 59441 NO ACTION Application of CITY OF VIRGINIA BEACH for an Ordinance to AMEND Section 1001 of the City Zoning Ordinance (CZO) re religious uses in the I-I and 1-2 Industrial Districts This item was advertised for the December I, 2009, City Council meeting under the assumption that the Planning Commission would act on this Amendment at their November 12, 2009 Public Hearing. The Commission, however, DEFERRED action until their December Hearing. Thus, the City Council cannot act on this item as there is no recommendation from the Planning Commission. December I, 2009 II - 30 - Item V-L. PLANNING ITEM # 59442 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED in ONE MOTION Items 1 (ALLOWED WITHDRAWAL), 2a/b, 3, 4, 5 and 6 of the 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 December 1, 2009 II - 31 - Item V-L.1. PLANNING ITEM # 59443 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ALLOWED WITHDRA WAL, BY CONSENT, re Ordinance upon application of BREAKING OF DAYIWILLIAM H. THUMEL, JR. for a Conditional Use Permit re a church at 4966 Euclid Road, Suites 101-103 DISTRICT 2 KEMPSVILLE ORDINANCE UPON APPLICATION OF THE BREAKING OF DAY / WILLIAM H THUMEL, JR., CONDIT/ONAL USE PERMIT. RE A CHURCH AT 4966 EUCLID ROAD, SUITES 101-103 Ordinance upon application of THE BREAKING OF DA Y / WILLIAM H THUMEL, JR., Conditional Use Permit, re a church at 4966 Euclid Road, Suites 101-103 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 December 1, 2009 II - 32 - Item V-L.2. PLANNING ITEM # 59444 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances upon applications of ENOCH BAPTIST CHURCH re Modification of Condition No.1 (approved on August 28, 2001) re additional parking; and Conditional Use Permit re outdoor basketball/tennis court at 5641 Herbert Moore Road: ORDINANCE UPON APPLICATION OF ENOCH BAPTIST CHURCH RE MODIFICATION OF CONDITION NO.1 (APPROVED ON AUGUST 28, 2001) RE ADDITIONAL PARKING AT 5641 HERBERT MOORE ROAD BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of ENOCH BAPTIST CHURCH re Modification of Condition No. 1 (approved on August 28, 2001) re additional parking at 5641 Herbert Moore Road; GPIN# 1468241134 DISTRICT 2 - KEMPSVILLE AND, ORDINANCE UPON APPLICATION OF ENOCH BAPTIST CHURCH RE CONDITIONAL USE PERMIT RE OUTDOOR BASKETBALL/TENNIS COURT AT 5641 HERBERT MOORE ROAD R0120935383 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon applications of ENOCH BAPTIST CHURCH for a Conditional Use Permit re outdoor basketball/tennis court at 5641 Herbert Moore Road; GPIN# 1468241134 DISTRICT 2 - KEMPSVILLE The following conditions shall be required: 1, All conditions, with the exception of Condition Number 1 attached to the Conditional Use Permit granted by the City Council on August 28, 2001, shall remain in effect, 2. Condition Number 1 of the August 28, 2001, Conditional Use Permit is deleted and replaced with the following: Development of the site shall be in substantial conformance with the site plan entitled "Concept Planfor Parking & Outdoor Recreational Facility, Enoch Baptist Church," by Gallup Surveyors and Engineers, dated August 27, 2009, which has been exhibited to City Council and is onfile with the Planning Department. 3, No outdoor lighting shall be installed in conjunction with the outdoor recreation facility (the combination basketball/tennis court). Play on the court shall not occur after dusk. December 1,2009 II - 33 - Item V-L.2. PLANNING ITEM # 59444 (Continued) These Ordinances shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the First of December 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 December 1,2009 II - 34 - Item V-L.3. PLANNING ITEM # 59445 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance upon application of KATHERINE PENNINGTON for a Conditional Use Permit re residential kennel at 3485 Head River Road ORDINANCE UPON APPLICATION OF KATHERINE PENNINGTON FOR A CONDITIONAL USE PERMIT RE RESIDENTIAL KENNEL AT 3485 HEAD RIVER ROAD RO 120935384 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of KATHERINE PENNINGTON for a Conditional Use Permit re residential kennel at 3485 Head River Road;GP IN # 13892297920000 DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1. Within thirty (30) days of City Council's approval of this Use Permit, the applicant shall provide to the Zoning Administrator evidence that the dogs are properly immunized and licensed with the City of Virginia Beach. 2. No more than twenty (20) adult dogs (over six months of age) shall be kept on the property at any time. 3. Dogs shall be kept inside the kennel structure between the hours of 9:30 PM and 5:30 AM 4. All animal waste shall be collected and disposed of in a lawful manner on a daily basis, 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 First of December Two Thousand Nine December 1, 2009 II - 35 - Item V-L.3. PLANNING ITEM # 59445 (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 December 1, 2009 II - 36- Item V-LA. PLANNING ITEM # 59446 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT Ordinance upon application of FAITH CHRISTIAN MINISTRIES, INC.lALBANO FAMILY LTD, PARTNERSHIP for a Conditional Use Permit re a church at 305 Waverly Drive, Suite A. Ordinance upon application of FAITH CHRISTIAN MINISTRIES, INC./ALBANO FAMILY LTD, PARTNERSHIP for a Conditional Use Permit re a church at 305 Waverly Drive, Suite A, R0120935385 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of FAITH CHRISTIAN MINISTRIES, INC.lALBANO FAMILY LTD, PARTNERSHIP for a Conditional Use Permit re a church at 305 Waverly Drive, Suite A; GPIN# 14876087860000 DISTRICT 3 - ROSE HALL The following conditions shall be required: 1, The number of individuals attending anyone service shall not exceed the occupancy number established by the City's Fire Marshall. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official. 3. This Conditional Use Permit is validfor three (3) years, Since the Planning Commission, a property owner on the residential side of the street, opposite the church, has expressed a number of concerns regarding the current operation of the church. Staff recommends the following conditions as a means of addressing these concerns: 4, No buses, recreational or other oversized vehicles shall leave the motor running while the vehicle is parked on the site. 5. No religious services or other church-related activities shall be permitted within the parking lot. All religious services or other church related activities shall be confined to the interior of the building. 6. The use shall be administratively reviewed in one (1) year to ensure these conditions are being adhered to. December 1, 2009 II - 37 - Item V-LA. PLANNING ITEM # 59446 (Continued) This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the First of December 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 December 1, 2009 II - 38 - Item V-L.5. PLANNING ITEM # 59447 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance upon application of KIMBERLY VAKOS/CNJ ENTERPRISES, INC, T/A PAUL'S AUTO SERVICEfor a Conditional Use Permit re motor vehicle sales, repair garage and bulk storage at 128 Happy Street Ordinance upon application of KIMBERLY VAKOS/CNJ ENTERPRISES,INC, T/A PAUL'S AUTO SERVICEfor a Conditional Use Permit re motor vehicle sales, repair garage and bulk storage at 128 Happy Street R0120935386 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of KIMBERLY VAKOS/CNJ ENTERPRISES,INC, T/A PAUL'S AUTO SERVICEfor a Conditional Use Permit re motor vehicle sales, repair garage and bulk storage at 128 Happy Street; GPIN#14872383280000 DISTRICT 3 - ROSE HALL The following conditions shall be required: 1. In addition to the conditions listed below, all of the conditions attached to the Conditional Use Permit granted by the City Council on January 25, 1994, shall remain in effect. 2. No more than jive (5) motor vehicles shall be displayed for sale on the property at any given time. 3, Evergreen shrubs, installed four (4) feet on center, shall be installed along Happy Street the entire length of the northern parking area depicted as such on the plan entitled, "Conditional Use Permit Exhibit and Physical Survey, Parcel A. " 4. No outside storage of equipment, parts or materials shall be permitted. 5, No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 6. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded and focused away from adjoining property. Any outdoor lightingjixtures shall not be erected any higher than fourteen (14) feet. 7. No outside paging system shall be permitted. 8. No parking, storage or display of any vehicles "for sale", or awaiting repair, or vehicles that have been towed to the site shall be permitted in the right-of way. 9. Pennants, balloons and banners shall be prohibitedfrom the site. December 1, 2009 II - 39- Item V-L.5. PLANNING ITEM # 59447 (Continued) This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the First of December 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 December 1,2009 , II II - 40- Item V-L.6. PLANNING ITEM # 59448 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance upon application of PHILSAND INVESTMENTS, INC for a Change of Zoning District Classification from 0-2 Office District to Conditional B-2 Community Business District re a dental lab at 6044 Providence Road: ORDINANCE UPON APPLICATION OF PHILSAND INVESTMENTS, INC FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 0-2 OFFICE DISTRICT TO CONDITIONAL B-2 COMMUNITY BUSINESS DISTRICT RE A DENTAL LAB AT 6044 PROVIDENCE ROAD Z012091231 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of PHILSAND INVESTMENTS, INC for a Chanfle of Zoninfl District Classification from 0-2 Office District to Conditional B-2 Community Business District re a dental lab at 6044 Providence Road; (GPIN# 14565338010000) 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. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance, Adopted by the City Council of the City of Virginia Beach, Virginia, on the First of December 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 December 1, 2009 II CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-7559 DATE: November23,2009 TO: FROM: Mark D. Stile:\..~ B. Kay Wilso~ DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Philsand Investments, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on December 1, 2009. I have reviewed the subject proffer agreement, dated July 28, 2009 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen /" II PREPARED BY, no SYJ(fS, ROURDON, .. AII[RN & UVY. P.C PHILSAND INVESTMENTS, INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 28th day of July, 2009, by and between PHILSAND INVESTMENTS, INC., a Virginia corporation, Grantor; and THE CI1Y OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of a certain parcel of property located in the Kempsville District of the City of Virginia Beach, with improvements thereon, containing approximately 24,980 square feet as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from 0-2 Office District to Conditional B-2 Community Business District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and GPIN: 1456-53-3801 Prepared By: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 1 II PREPARED BY' mID SWfS. I10URDON. m'nl AllmN & Lm, p.c. WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. The Property shall be developed substantially as shown on the exhibit entitled "AS-BUILT SURVEY OF PROVIDENCE ROAD OFFICE BUILDING 6044 PROVIDENCE ROAD, VIRGINIA BEACH, VA", dated June 1, 2009, prepared by Meridian Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "As-Built Survey"). 2. The exterior of the building designated "2-STORY MASONRY OFFICE BUILDING" on the As-Built Survey shall be substantially similar in appearance to the Photographic Exhibits entitled "PHILSAND DENTAL LAB", dated July 28, 2009, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Elevations"). 3. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. 4. The Property may only have one or more of the following land uses: a. Business studios, offices and clinics; b. Medical and dental offices and clinics; c. Medical laboratories; d. Laboratories and establishments for the production and repair of eyeglasses, hearing aids and prosthetic devices; e. Financial institutions; 2 II PREPARED BY: no Sy~[s. ROURDON. DJI AlImN & L[VY. P,C f. Museums and art galleries; g. Beauty shops and barbershops; h. Antennas, building mounted; 1. Public buildings and grounds. No other land uses, otherwise permitted under Section 901 of the Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia shall be permitted to operate on the Property. 5. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to B-2 Community Business and 0-2 Office Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia 3 II PREPARED BY' 1mB SY~IS. ROURDON, mill AHERN & U:VV, P.c. Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court ofthe City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. 4 II PREPARED BY: I:JIB SVKIS. I10URDON. ~ Am:RN & lM, P.C WITNESS the following signature and seal: Grantor: Philsand Investment~, Inc:, a Virgiijia corporation ./ ,;V By: ) l (SEAL) Phillip,Olson, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 30th day of July, 2009, by Phillip Olson, President of Philsand Investments, Inc., a Virginia corporation, Grantor. My Commission Expires: Notary Registration No.: August 31, 2010 192628 5 II PREPARED BY: m SYKES. IWURDON, .. AllrnN & lM. P.C EXHIBIT "A" ALL THAT certain lot, piece or parcel ofland, situate in the Kempsville Borough - Virginia Beach, Virginia, located on the north side of Providence Road, known as Lot A-6-1 as shown on that certain plat entitled "RESUBDMSION OF LOTS A-4, A-5 & A-6 GULBRANSON ESTATE DEED BOOK 2494, PAGE 840 KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA", prepared by Waterway Engineering, Ltd., dated May 2, 1986, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2510, at Page 1464. GPIN: 1456-53-3801 ConditionalRezone/PhilsandInvestments/Proffer 6 II Item V-M.l. - 41 - APPOINTMENTS ITEM # 59449 BY CONSENSUS, City Council RESCHEDULED thefollowing Appointments: BIKEWAYS and TRAILS ADVISORY COMMITTEE COMMUNITY SERVICES BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION PLANNING COMMISSION PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION WETLANDS BOARD December 1,2009 II - 42- Item V. o. ADJOURNMENT ITEM # 59450 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6:16 P.M. ~jLt~j4 Beverly 0. Hooks, CMC Chief Deputy City Clerk uth Hodges Fraser, MMC City Clerk William D, Sessoms, Jr, Mayor City of Virginia Beach Virginia The Public Dialogue re Non-Agenda items adjourned at 6:26 P.M. December 1, 2009 II - 43 - PUBLIC DIALOGUE MAYOR's AGAINST GUNS John Fenter, 909 West Ferry Plantation Road, Phone: 971-2991, represented the Virginia Citizens Defense League, which is a gun rights organization in Virginia consisting of approximately 5,000 members and 13,000 individuals on the e-mail alert system. The League understands the Mayor has recently signed with Mayor's Against Illegal Guns, the organization founded by Mayor Bloomberg of New York. His stated goal is to attempt to keep the guns out of the hands of criminals; however, he has a deeper agenda, He is for repeal of the TR Amendment (the gun traces cannot be done except in the investigation of a crime). They are not there to be leveraged for political purposes. The TR Amendment does not impede investigations of actual crimes. He is in support of permanent restrictions such as those in New York, i.e. only the politically connected can have a "permit to carry. " Mr, Fenter requested the Mayor resign from this organization. Robert Downing, 1205 Candlewood Drive, Phone: 467-3688, represented himself. This particular organization, "Mayor's Against Illegal Guns ", misrepresents itself. House Bill 2653 was passed in Virginia specifically to stop Mayor Bloomberg's activities in the Commonwealth of Virginia. The United States Department of Justice has warned the City of New York that this position could be legally liable. The Bureau of Alcohol, Tobacco and Firearms and Explosives has confirmed that the agency is investigating Mayor Bloomberg's activities to determine if there is a violation of Federal Firearms laws. Several of the Mayors have withdrawn from this organization. Gerald Brunner, 2717 Garnes Avenue, Chesapeake, Phone: 673-4943, applauds any effort to keep a gun from an illegal person. Mayor Bloomberg's agenda does not address this effort. His organization is directly focused on those who submit to background checks. December 1, 2009 II - 42- Item V. o. ADJOURNMENT ITEM # 59450 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6:16 P.M. ,"HoLD J {) ~t>cJ/.?J ~ -~----------------- Beverly a. Hooks, CMC Chief Deputy City Clerk ~~~ City Clerk City of Virginia Beach Virginia The Public Dialogue Fe Non-Agenda items adjourned at 6:26 P.M. December 1,2009