JUNE 8, 2010 MINUTESCITY OF VIRGINIA BEACH.
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR Wll,l.lA.M I) SYi,1:~YL4f.1', ./K-, .ahJ.ar~r
V/CE MAYOR LOI Y.~ !t JU;bI:S. ltu~~ictr lh,~iri~i a
R/TA SWEEl'BIiLI.l77Y), Ali-LurKr
GLENN R. DAV'/S, I(nse Hall - /)rairiri 3
WILLIAM R. DeSl7~ PH. Ai~d.urQr
HARRY E. D/li7_!s/., Krnyzcv~Nr - /)i.ciriw 2
ROBERT M. DYli12, i'mverville~-lh.vinr~ l
BARBARA M. HENLEY, Princes. Annr lhrn~icl
JOHN E. UHRIN, Ifruch l)icn~ici h
ROSEMARY WILSON, Ai-Lar);e
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CITY COUNCIL APPOINTEF,S
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CITY COUNCIL AGENDA
os .TUNE Zolo
I. CITY MANAGER'S BRIEFINGS: -Conference Room-
A. MODIFICATION OF "TEEN ORDINANCES
Deputy Chief Cervera, Police Department
B. APZ-1 PROGRAM
Rebecca Kubin, Deputy City Attorney
C. WINTERBERRY LANE ENCROACHMENT
James Lawson, City Real F,state Agent
II. CITY COUNCIL LIAISON REPORTS
III. CITY COUNCIL COMMENTS
IV. CITY COUNCIL AGENDA Ri';VIEW
V. INFORMAL SESSION -Conference Room -
A. CALL TO ORDER -Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CI'T'Y COUNCIL.
CITY HAGL BUILDING
240/ COURTHOUSE DRIVE
6"IRGINIA BE,9CH, 6'/RGINIA 23456-8005
PHONE: (757J 385-4303
FAX (757) 385-5669
E- MAIL: Crycncl@vbgov.com
3:00 PM
4:30 PM
C. RF,CF.SS 'I'O CLOSED SESSION
VI. FORMAL SESSION -City Council Chamber - 6:00 PM II
A. CALL TO ORDER -Mayor William D. Sessoms, .1r.
B. INVOCATION: Chaplain Susan Forehand
Virginia Beach Police Department
C. PLEDGE OF ALLEGIANCE TO THI: FLAG OF THE UNITED STA"TES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
F,. CF,RTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL and FORMAL SESSIONS May 25, 2010
G. FORMAL. SESSION AGENDA
H. PUBLIC HEARINGS
I . OPENING OF BID -Wireless "Telecommunications Facilities
1900 Sandbridge Road
2. GRANT OF EASI?MF,N"T - Virginia Electric and Power Company
Town of Windsor, Isle of Wight County
3. AMENDMENT' to CITY CODE SECTIONS 30-58 and 30-59
Erosion and Sediment Control Ordinance
I. CONSENT AGENllA
J. ORDINANCF,S/RESOLUTION
1. Ordinances to AMEND and REORDAIN the City Code:
a. § 30-58 and §30-59 re erosion and sediment control site stabilization
b. § 6-117 and §6-118 re water skiing and surfboarding
2, Ordinance to AUTHORI7.F, temporary encroachments into a portion of the City-owned
right-of--way, known as 24`" Street and Atlantic Avenue, by Walgreen Co. to construct
and maintain an underground conduit/cable
DIS"I'RIC"I' 6 -BEACH
Ordinance to AUTHORIZE, encroachments across a portion of a City utility easement
and an easement over City-owned property, (Lake Gaston), each in Isle of Wight County
by Virginia Electric and Power Company to maintain an overhead transmission line
crossing; and, AUTHORIZE the City Manager to execute the necessary documents
4. Ordinance to ACCEPT and APPROPRIA"TF, $1,047,900 of the Cooperative Agreement
Grant from the i1.S. Department of Homeland Security, Federal Emergency Management
Agency (FEMA), for the FY 2009-10/2010-I l Budget of the Fire Department re
continued operation of the Virginia Task Force 2 Urban Search and Rescue Team
Ordinance to ESTABLISH the Chesapeake F3each Sand Study Capital Project and to
TRANSFF,R $150,000 to the General Fund Reserve for Contingencies to fund the study
Ordinance to AMEND City Code Section
23.50 re weeds or grass deferred to June 8
is now rescheuled
K. PLANNING
Application of the VIRGINIA BEACH CITY PUBLIC SCHOOLS/WEST NECK,
LLC, for a Change of lonin~ District Classification from R-IO Residential District to
AG-1 Agricultural District at 2657 West Neck and North Landing Roads to construct a
new high school that will replace the existing Kellam High School located on Holland
Road.
DIS"fRIC'T 7 - PRINCI?SS ANNE
RECOMMENDATION
APPROVAL
Application of TOMMIE C. HERRING/THE RUNNYMEDE CORPORATION for a
Conditional iJse Permit to convert a retail facility into a church at 120 South Plaza Trail.
DISTKICT 3 -ROSE HALL
RI?COMMENllA"TION APPROVAL
Application of HARVEST OUTREACH MINISTRIES, INC. for Modification of
Conditions 1 and 2 (approved by City Council on March 25, 2008) for a church at 3312
llam Neck Road
llIS"1RIC`h 7 -PRINCESS ANNE
DEFERRED
RECOMMENDATION
MAY 25, 2010
APPROVAL
4. Application of NEW LIFE PRESBYTERIAN CHURCH for Modification to extend
Condition 4 (approved by City Council on November 12, 2002) at 3312 Dam Neck Road
to allow for the use of a modular unit not to exceed an additional five (5) years from the
date of this approval.
DISTRICT 3 - ROSE, HALI.
RI~:COMMI:NI)ATION
APPROVAL
S. Application of DML DESIGNS, LLC T/A GODSPEED TATTOO/JETTELLIS,
I1LC, for a Conditional Use Permit re a tattoo parlor at 3795 Bonney Road.
vISTRICI' 3 - KOSE HALL
RF,COMMENDATION
APPROVAL
6. Application of URBAN-X-CHANGE II INC. -MATTHEW HUTCHINSON/
LYNNHAVEN CROSSING for a Conditional Use Permit re a tattoo, permanent
make-up and body piercing establishment at 829 Lynnhaven Parkway.
DIS'hRIC"T 3 - ROSE. HAI,1.
RI~.COMMF,NDATION
L. APPOINrI'MF,N1'S
BEACHES and WATERWAYS COMMISSION
PARKS and RF.,CREATION
SOCIAL SF,RVICES BOARD
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
Pi1BLIC COMMENT
Non-Agenda Items
Each Speaker will be allowed 3 minutes
and each subject is limited to 3 Speakers
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
~C K ~C X ~ X Jti 'fC :~ X ..
06/08/2 01
APPROVAL
www.vb~ov.com
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
June 8, 2010
Mayor William D. Sessoms, Jr., called to order the CITY MANAGER'S BRIEFING to present the
MODIFICATION OF TEEN ORDINANCES in the City Council Conference Room, Tuesday, May 25,
2010, at 4: 00 P.M.
Council Members Present:
Rita Sweet Bellitto, 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, Rosemary Wilson
and James L. Wood
Coarncil Members Absent:
Harry E. Diezel [Entered: beginning of Closed Session:
3:40 P.M.J
June 8, 2010
-2-
CITY MANAGER `S BRIEFING
MODIFICATION OF TEEN ORDINANCES
3:00 P.M.
ITEM # 60012
The City Manager introduced Deputy Chief James A. Cervera to present necessary changes in the Dance
Hall/Teen Events [Commercial) proposed Ordinance:
PROBLEM STATEMENT
• Large crowds -mainly teens
• Target audience is 15-20 years old
• Security is lacking
• Promoters are not often present
• Lost tax revenue
• Teen events not currently regulated
Cost of service is rising each time these events take place and many times with violent activity
TEEN EVENTS -POLICE ACTIVITY
Beach House,l7`h Street - January 2005
Philippine Cultural Center, Baxter Road 2008
Knights of Columbus, Prosperity Road 2009
At The Hop, Sonic Drive 2009
The Jungle Gym, Dean Drive August 2009
Magic Moments, Great Neck Road August 2009
January 2010
Body Works, S. Boggs Avenue April 2010
_---' ",
.~-af.--- >_
TARGETING TEENS
High School ages
Late night events -curfew
June 8, 2010
-3-
CITY MANAGER `S BRIEFING
MODIFICATION OF TEEN ORDINANCES
ITEM # 60012 (Continued)
The flyers depicted target teenagers. As they are open until 2: 00 A.M., curfew is violated.
_..,--- -
~~--~-
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~ 1 ~ ~`
TARGETING TEENS: ~ ~,,~} ~~t~! ,`T ~' ` .~~`~1
f:s I ~ . ` ~ ~) . ~r
I ~ r,
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~ ~~
tt ~ ~
Note... "~5~ &:.~ J
Exceeds cu~~
} 5 b UP 7p p,~R-ry
yam.
.~~.~
TARGETING TEENS
CURFEW
June 8, 2010
-4-
CITY MANAGER `S BRIEFING
MODIFICATION OF TEEN ORDINANCES
ITEM # 60012 (Continued)
^~;
___
---~'
CURFEW
Targets high
school seudE
SIGNIFICENT ISSUES
• Overcrowding
• Restroom facilities
• Parking
• Security
• Certificate of Occupancy
• Lack of business license
CURRENT ORDINANCE
• Does not regulate commercial teen themed events
• Limited regulation or oversight of promoters
• Difficult to identify and control unsafe conditions
PROPOSED NEW ORDINANCE
• Definitions clarified
• Permit now required and process standardized
• Approval from City agencies required
• Security requirements defined
• Alcohol prohibited
• Curfew law considerations
June 8, 2010
-5-
CITY MANAGER `S BRIEFING
MODIFICATION OF TEEN ORDINANCES
ITEM # 60012 (Continued)
REVENUE IMPACT
• Business license and permit fees required
• Each event generates varying tax revenues
PERMIT PROCESS
• Full disclosure in advance
• Inspection immediately before event -health and fire
• Proof of liability insurance
• Security -based on occupancy
PENALTIES
• Class 3 Misdemeanor as per Ordinance ($S00 fine)
• Permit may be immediately revoked when hazardous conditions cannot be
remedied
EXEMPTIONS
The proposed Ordinance exempts any event sponsored
by a school, religious use or government entity
PUBLIC INPUT
• Solicit input from external stakeholders
• Direct mailing (Feb 8, 2010)
• Web site (posted Feb 8 - 28, 2010)
• City Council presentation
• City Council public comment
• City Council action
CONCLUSION
• Public Safety concerns identified
• Voluntary compliance desired
• Ordinance revision necessary to ensure safety
As there is no charge "at the door"for a family "sweet sixteen" birthday, no permit is required
The promoters of these events are not known. This Ordinance is scheduled for the Fourth Meeting
Tuesday (June 22, 2010), so the public has two (2) weeks to provide comments. Concerns can be
addressed and the Ordinance placed on the Police Website by tomorrow (June 9, 2010).
June 8, 2010
-6-
CITY MANAGER `S BRIEFING
APZ-I PROGRAM
3:18 P.M.
ITEM # 60013
Deputy City Attorney Rebecca D. Kubin presented information re the proposed Revision to APZ-
1/CLEAR ZONE USE and ACQUISITION PLAN.
Background
• APZ-1 Use and Acquisition Plan
Guiding document to determine properties that qualify for purchase
Approved by City Council December 20, 2005, as part of BRAC response
Initially allowed only acquisition of APZ-1 properties:
• Qualifying duplex properties: Single family home on lot zoned for
duplex/multifamily
• Vacant, residential-zoned property
• Commercial properties in certain circumstances
• Acquisition Plan was amended in 2006 and 2007 to allow acquisition of
Clear Zone: vacant residential, qualifying duplexes, and commercial properties in the
Clear Zone
"Vested" Developments: Properties whose owners had vested rights to develop with
incompatible uses in APZ-1 and CZ
Developed Duplexes in APZ-1 and CZ
• To allow for roll-back of incompatible properties without "swiss-cheesing"the
residential neighborhoods
Creation of Master Plan for APZ-1
• Master Plan adopted April 1, 2008, as amendment to Comprehensive Plan
• Master Plan designates areas in APZ-1
Non-residential
Residential (established neighborhoods)
Open Space
Transitional
Transportation
Transitional and Transportation
• Transitional
Residential and undeveloped areas that are adjacent to major arterials, planned
transportation improvements or surrounded by existing non-residential uses
• Transportation
Properties impacted by planned transportation improvements, e.g., First Colonial
Road/Virginia Beach Blvd. Intersection; Southeastern Parkway and Greeenbelt; 1-
264 Great Neck Ramp Interchange
June 8, 2010
-~-
CITY MANAGER `S BRIEFING
APZ-1 PROGRAM
ITEM # 60013 (Continued)
Proposed Revision to APZ-1/Clear Zone Use and Acquisition Plan
to Reflect APZ-1 Master Plan Designations
• Clear Zone
• APZ-1 Master Plan Transportation Areas
• APZ-1 Master Plan Transitional Areas
Proposed Revision -Clear Zone
• All developed Clear Zone properties
Virtually all structures are incompatible in the Clear Zone
Current APZ-1/CZ Use and Acquisition Plan does not permit acquisition of developed
homes on single family zoned lots or developed non-residential, even in the Clear Zone
Depictions of Study Area A and B encompassing Proposed Southeastern Parkway Alignment were
displayed depicting the clear zone. There is very little privately owned Clear Zone.
• There are not many developed, privately owned properties in the Clear Zone that do not
already qualify for acquisition:
1 S parcels remaining
8 with zoning B-2, R-10, I-1
• Would allow the City to clear the Clear Zone, if owners are willing to sell
Proposed Revision: APZ-1 Master Plan Transportation Areas
• Area to be added: All properties developed with incompatible uses within the APZ-1 Master
Plan Transportation Areas
Current APZ-1 Use & Acquisition Plan does not permit acquisition of developed homes
on single family zoned or commercial-zoned lots
Revision would allow acquisition of single family homes in transportation areas,
regardless of zoning
There are approximately 25 lots in these areas that would be newly qualified for
acquisition
Depictions of property owned by the City as of September 2009, with Study Area A and B
(encompassing proposed Southeastern Parkway Alignment) were displayed
New Proposed Revision: APZ-1 Master Plan Transitional Areas
• The APZ-1 Master Plan identifies areas that are currently residential but that are appropriate
to transition to compatible uses
• These areas are residential neighborhoods that are not "established residential
neighborhoods"
• Many properties in these areas already qualify for acquisition, but many do not
• Revising the program would make approximately 11 S lots newly qualified for acquisition:
Zoning R-7.5, R-10, R-SS, B-2, I-1
June 8, 2010
-8-
CITY MANAGER `S BRIEFING
APZ-1 PROGRAM
ITEM # 60013 (Continued)
CIIMMA R Y
Proposed Amendment
To APZ-1/CZAcquisition Plan Zoning of lots proposed to be
allowed to be acquired Number of Lots
(approximate)
Clear Zone An zonin B-2, RS-S, R-10, I-1 8
APZ-1 Master Plan
Trans ortation Areas R-SS, R-10, B-2
residential use 25
APZ-1 Master Plan
Transition Areas R-SS, R-10, R-7. S, B-2, I-1
residential use 11 S
Total 148
Oceana Land Use Conformity Committee
• Discussed at Oceana Land Use Conformity Committee (OL UCC) April 12, 2010
• OL UCC recommended expanding acquisition program to include properties in all three
proposed areas:
Clear Zone
APZ-1 Master Plan Transportation Areas
APZ-1 Master Plan Transitional Areas
The Staff seeks City Council approval to AMEND the APZ-1/Clear Zone Use and Acquisition Plan
with Formal action on June 22, 2010
Status of APZ-1 Funds
• Fiscal Year July 1-June 30
• Graut runs for two years beyond fiscal year
• Funds must be expended by June 30, 2012
APZ-1/Clear Zone Funding
FY'07, FY'08, FY'09, FY'10 $ 60,000,000
Less funds for APZ-1/CZ properties: acquired/ written
agreements/ verbal agreements (-$46,023,422)
Less funds for ITA properties purchased with APZ-1
funds: acquired/written agreement (-$ 9,392,741)
Approximated for expenses, marketing, economic
development incentives (-$ 2,800,000)
Remaining funds =$1, 783,837
Outstanding offers (-$3,601,300)
Balance if outstanding offers accepted (-$1,817,463)
The Navy is supportive.
June 8, 2010
-9-
CITY MANAGER `S BRIEFING
WINTERBERRYLANE ENCROACHMENT
ITEM # 60014
The Briefing re Winterberry Lane Encroachment was CANCELLED by the City Manager. There
were last minute changes. The Briefing shall be RESCHEDULED at a later date.
June 8, 2010
-10-
CITY COUNCIL LIAISONREPORTS
3:31 P.M.
ITEM # 6001 S
ATLANTIC WILDFOWL HERITAGE MUSEUM
Council Lady Henley advised she attended the Atlantic Wildfowl Guild meeting last night. Although, not a
Liaison, she is a supporter. The Atlantic Wildfowl Heritage Museum manages the DeWitt Cottage. They
are most appreciative of the fact their funding remained in tack. Council Lady Henley referenced the
article re outstanding boardwalks encompassing a list of eleven (11) which includes the City of Virginia
Beach. The article also mentions the Atlantic Wildfowl Heritage Museum as one of the amenities. For a
nominal amount of funds, the DeWitt Cottage is being very well managed and is a great asset. A public-
private partnership with the historical facilities really "works ".
ITEM # 60016
VIRGINIA AQUARIUM and MARINE SCIENCE CENTER
Council Members DeSteph and Wood, Liaisons to the Virginia Aquarium and Marine Science Center.•
Aquarium ONLYattendance increased 17.8% for the month of May.
Total Aquarium attendance (Aquarium Only + Aquarium/IMAX Combo)
increased 4.4%.
Total Aquarium and IMAX attendance increased 3.4 % for the month of May.
May 2010 earned Revenue (from admissions, IMAX, membership and store
sales) increased 28% (or $141,643) over last May:
May 2010: $644,110, May 2009: $502,467
The two (2) Aquarium stores have hit $1-Million in sales already for the
fiscal year. May is not yet reconciled, so these numbers are tentative.
The limited marketing budget has been focused on the Restless Planet this year,
not IMAX. A radio ad campaign is planned for mid-June. Memberships have
increased over 6,000, the most in four (4) years.
June 8, 2010
-11-
CITY COUNCIL COMMENTS
3:35 P.M.
ITEM # 60017
Councilman DeSteph advised thirty-seven (37) total repeat applications were reviewed under the
Veterans Day Regional Site. Therefore, there will be a Veterans Regional Site for Veterans Day,
November Eleventh, again this year.
ITEM # 60018
Council Lady Wilson referenced the success of the Virginia Beach Patriotic Festival. Virginia Beach, the
largest resort city on the East Coast, hosted the Patriotic Festival - A Military Celebration to honor our
armed forces personnel and their families (June 4 - 6, 2010).
Mayor Sessoms welcomed the participants of the 2010 Warrior Pride Ride (350 mile ride). This was the
Wounded Warrior Bicycle Ride. Council Lady Wilson advised one participant had no arms or legs, but
rode 350 miles.
ITEM # 60019
Council Lady Henley referenced receipt of e-mails concerning an issue at Southgate. Southgate is a
community on Princess Anne Road between the Municipal Center and Nimmo Church. It is an area very
much impacted by the extreme traffic on Princess Anne Road, which is hoped to be cured by the Nimmo
Parkway (however, it will be at least four (4) years before it is built). When that neighborhood was built,
it had two (2) accesses onto Princess Anne Road, one which is a right-turn only and one which would be
a "left and right ". It was also constructed with two (2) accesses onto Seaboard Road. When Southgate
war opened in the 1980's, Seaboard Road was more like a "lane " with an extremely bad 90 degree
sharp curve, just on the other side of Princess Anne Road entering that section of Seaboard. Of course,
there was no traffic light. When Southgate opened and those accesses were utilized, it was a "disaster"
for Southgate and Seaboard Road residents. Those two (2) accesses, one at Huckleberry and one at
Smokehouse onto Seaboard, were barricaded. Since that time, this section of Seaboard has been
somewhat improved. Princess Anne Woods was constructed, as well as a number of new homes built
along Seaboard. Therefore, the road has been somewhat upgraded. The 90 degree turn has been softened
and there is now a traffic light at Princess Anne Road. However, this is still not a good road. There are
no sidewalks, and ditches are on both sides. Nimmo was going to be in construction last Fall. However,
in last year's Budget, the funds were moved from that project to another project in another District. That
section of Seaboard would be improved to coincide with Nimmo Parkway being built, which now is set to
be bid July 1, 2011. However, construction will be approximately three (3) years out. The Seaboard
project was all City funding. In the meantime, Southgate, instead of having the two (2) accesses on
Seaboard, the whole neighborhood has access just off Princess Anne giving it just one left turn out onto
Princess Anne. It is very difficult to make this left turn. In addition to the heavy traffic on Princess Anne
Road, there is a U-turn movement that they have to watch out for because of the Lutheran Church.
Council Lady Henley gave an accident report. There are already five (S) accidents this year. The
Community Homeowners Association has performed a survey among their membership asking if one of
these barricades could be opened on Seaboard Road for the citizens to utilize. Council Lady Henley
requested the Staff and Police, in conjunction with the Southgate neighborhood, confer re additional
traffic arising.
The City Manager advised the Virginia Department of Transportation (VDOT) has been very cooperative
concerning this road being built quicker. A meeting was conducted last Tuesday.
June 8, 2010
-12-
AGENDA REVIEW SESSION
3:48 P.M.
Item # 60020
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
J. ORDINANCES/RESOLUTION
Ordinances to AMEND and REORDAIN the City Code:
a. ~ 30-58 and X30-59 re erosion and sediment control site
stabilization
b. ,~ 6-117 and ~6-118 re water skiing and surfboarding
2. Ordinance to AUTHORIZE temporary encroachments into a portion of the City-
owned right-of--way, known as 24`" Street and Atlantic Avenue, by Walgreen Co.
to construct and maintain an underground conduit/cable
DISTRICT 6 -BEACH
3. Ordinance to AUTHORIZE encroachments across a portion of a City utility
easement and an easement over City-owned property, (Lake Gaston), each in Isle
of Wight County by Virginia Electric and Power Company to maintain an
overhead transmission line crossing; and, AUTHORIZE the City Manager to
execute the necessary documents
4. Ordinance to ACCEPT and APPROPRIATE $1, 047, 900 of the Cooperative
Agreement Grant from the U. S. Department of Homeland Security, Federal
Emergency Management Agency (FEMA), for the FY 2009-10/2010-11 Budget
of the Fire Department re continued operation of the Virginia Task Force 2
Urban Search and Rescue Team
S. Ordinance to ESTABLISH the Chesapeake Beach Sand Study Capital Project
and to TRANSFER $1 S0, 000 to the General Fund Reserve for Contingencies to
fund the study
Items 1.6 (~ 6-117 and ~¢6-118 re water skiing and surfboarding) shall be DEFERRED, BY CONSENT,
until the City Council Session of June 22, 2010.
Item 2. (AUTHORIZE temporary encroachments by Walgreen Co.) shall be DEFERRED
INDEFINITELY, BY CONSENT.
June 8, 2010
-13-
AGENDA REVIEW SESSION
ITEM # 60021
BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA:
K. PLANNING
Application of the VIRGINIA BEACH CITY PUBLIC SCHOOLS/WEST
NECK, LLC, fora Change o Zoning District Classi ication from R-10
Residential District to AG-1 Agricultural District at 2657 West Neck and North
Landing Roads to construct a new high school that will replace the existing
Kellam High School located on Holland Road.
DISTRICT 7 -PRINCESS ANNE
2. Application of TOMMIE C. HERRING/THE RUNNYMEDE CORPORATION
for a Conditional Use Permit to convert a retail facility into a church at 120
South Plaza Trail.
DISTRICT 3 -ROSE HALL
3. Application of HARVEST OUTREACH MINISTRIES, INC. for Modification
of Conditions 1 and 2 (approved by City Council on March 25, 2008) for a
church at 3312 Dam Neck Road
DISTRICT 7 -PRINCESS ANNE
4. Application of NEW LIFE PRESBYTERIAN CHURCH for Mod cation to
extend Condition 4 (approved by City Council on November 12, 2002) at 3312
Dam Neck Road to allow for the use of a modular unit not to exceed an
additional five (S) years from the date of this approval.
DISTRICT 3 -ROSE HALL
S. Application of DML DESIGNS, LLC T/A GODSPEED TATTOO/JETTELLIS,
LLC, for a Conditional Use Permit re a tattoo parlor at 3795 Bonney Road.
DISTRICT 3 -ROSE HALL
6. Application of URBAN-X-CHANGE II INC. -MATTHEW HUTCHINSON/
LYNNHAVEN CROSSING for a Conditional Use Permit re a tattoo,
permanent make-up and body piercing establishment at 829 Lynnhaven
Parkway.
DISTRICT 3 -ROSE HALL
Item K. 3. (Harvest Outreach Ministries, Inc) shall be CONDITIONED, AS AMENDED, BY
CONSENT).
Item K.S. (DML DESIGNS, LLC T/A GODSPEED TATTOO/JETTELLIS, LLC) shall be
DEFERRED, BY CONSENT, until the City Council Session of June 22, 2010.
June 8, 2010
-14-
ITEM # 60022
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 the following purpose:
PERSONNEL MATTERS: Discussion, consideration of, or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specific public officers, appointees or employees pursuant to Section
2.2-3711 (A)(1)
Council Appointments: Boards, Commissions, Committees,
Authorities, Agencies and Appointees
PUBLICLY-HELD PROPERTY: Discussion or consideration of the,
acquisition, or of the disposition of publicly-held property, where
discussion in an open meeting would adversely affect the bargaining
position or negotiating strategy of the public body pursuant to Section
2.2-3711(A)(3).
Acquisition/Disposition of City Property:
Beach District
Upon motion by Councilman Uhrin, seconded by Council Lady Wilson, City Council voted to proceed
into CLOSED SESSION at 3: SS P.M.
Voting: 10-0
Council Members Voting Aye:
Rita Sweet Bellitto, 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, Rosemary Wilson and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel [Entered: beginning of Closed Session:
3:40 P.M.J
(Closed Session: 3:35 P.M. - 4:40 P.M.)
(Dinner: 4:40 P.M. - S: SO P.M.)
June 8, 2010
-15-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
June 8, 2010
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, June 8, 2010, at 6: 00 P.M.
Council Members Present:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph,
Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor
Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood.
Council Members Absent:
None
INVOCATION: Chaplain Susan Forehand
Virginia Beach Police Department
PLEDGE OFALLEGIANCE TO THE FLAG OF THE UNITED STATES OFAMERICA
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 ident~ 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 defrned 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.
June 8, 2010
-16-
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 ident~ing 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 off cial records of City Council. Vice Mayor Jones
regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the
record.
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of
Goodman and Company and is directly and indirectly involved in many of Goodman and Company's
transactions. However, due to the size of Goodman and Company and the volume of transactions it
handles in any given year, Goodman and Company has an interest in numerous matters in which her
husband is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Confict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of ident~ing any matters in which she might have an actual or potential confict. If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson 's letter of January 27, 2004, is hereby made a part of the record.
Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential
Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the
volume of transactions it handles in any given year, Prudential has an interest in numerous matters in
which she is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Confict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of ident~ing any matters in which she might have an actual or potential confict. If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record.
June 8, 2010
-17-
Item V--E.1
CERTIFICATION
ITEM # 60023
Upon motion by Councilman Dyer, seconded by Councilman Diezel, City Council CERTIFIED THE
CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered
by Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent.•
None
June 8, 2010
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 #60022, Page 14, and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section Z.Z-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 RESOLVED: 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
June 8, 2010
-18-
Item V-F.1
ITEM # 60024
Upon motion by Councilman Uhrin, seconded by Council Lady Wilson, City Council APPROVED the
MINUTES of the INFORMAL and FORMAL SESSIONS of May 25, 2010.
Voting: 11-0
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel,
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor
William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 2010
-19-
Item V-G.1.
ADOPT AGENDA
FOR FORMAL SESSION ITEM # 60025
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
June 8, 2010
-20-
RECOGNITION ITEM # 60026
Mayor Sessoms RECOGNIZED:
2010 Recipient ICMA CAREER EXCELLENCE AWARD:
James K. Spore
City Manager
This award for Career Excellence in honor of Mark E. Keane celebrates the value of professional
management. An independent awards evaluation panel of seventeen (17) United States and International
ICMA Members select each year's award recipient. 2010 Annual Award Recipients will be announced
and recognized in San Jose', California, during ICMA'S Annual Conference, October 17 - 20, 2010.
June 8, 2010
-2i -
Item V-H.1.
OPENING OF BID
WIRELESS TELECOMMUNICATIONS
FACILITIES
ITEM # 60027
Mayor Sessoms announced a Public Bid Opening re Lease of City Property located at 1900 Sandbridge
Road (Red Mills Farm Park) for use as a communications tower site.
Mayor Sessoms advised: "Pursuant to Virginia Code Section 15.2-2102, the Chair will now summarize
the bids that have been received for a proposed lease of a portion of City property located at 1900
Sandbridge Road (Red Mill Farms Park) for use as a communications tower site.
One bid has been received, as follows:
Cingular Wireless PCS, LLC has bid:
Base rent: $13, 000 per year
Additional rent: $ 5,400 per year for each co-locator
Annual increase: 3%
Are there any other persons desiring to submit a bid at this time? "
There being no further bids, the bidding closed.
The staff will evaluate the bid that has been received and make its recommendations to the City Council
concerning the proposed lease at a future meeting.
June 8, 2010
-22-
Item U H.2.
PUBLIC HEARING ITEM # 60028
Mayor Sessoms DECLARED A PUBLIC HEARING:
GRANT OF EASEMENT -Virginia Electric and Power Company
Town of Windsor, Isle of Wight County
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING
June 8, 2010
- 23 -
Item V-H.3.
PUBLIC HEARING ITEM # 60029
Mayor Sessoms DECLARED A PUBLIC HEARING:
AMENDMENT to CITY CODE SECTIONS 30-SS and 30-59
Erosion and Sediment Control Ordinance
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING
June 8, 2010
-24-
Item J.
ORDINANCES/RESOLUTION ITEM # 60030
Upon motion by Vice Mayor Jones, seconded by Council Lady Henley, City Council APPROVED in
ONE MOTION Items J.la, Ib (DEFERRED), Z (DEFERRED), 3, 4 and S of the CONSENT
AGENDA.
Item 1 b was DEFERRED, BY CONSENT, until City Council Session of June 22, 2010.
Item 2 was DEFERRED INDEFINITELY, BY CONSENT.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent.•
None
June 8, 2010
I ~ II ~ li I
- 25 -
Item J.1. a.
ORDINANCES/RESOLUTION ITEM # 60031
Upon motion by Vice Mayor Jones, seconded by Council Lady Henley, City Council ADOPTED, BY
CONSENT:
Ordinance to AMEND and REORDAIN the City Code:
a. ~ 30-58 and X30-59 re erosion and sediment control site stabilization
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L.
Wood
Council Members Voting Nay.•
None
Council Members Absent:
None
June 8, 2010
1 AN ORDINANCE TO AMEND SECTIONS 30-58 AND 30-59
2 OF THE CITY CODE PERTAINING TO THE EROSION
3 AND SEDIMENT CONTROL PROGRAM AND SITE
4 STABILIZATION
5
6 Sections Amended: §§ 30-58 and 30-59
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10
11 That Sections 30-58 and 30-59 of the City Code are hereby amended and
12 reordained to read as follows:
13
14 CHAPTER 30 SOIL REMOVAL, OTHER LAND-DISTURBING ACTIVITIES
15 ....
16
17 ARTICLE III. EROSION AND SEDIMENT CONTROL AND TREE PROTECTION.
18 ....
19
20 DIVISION 1. GENERALLY.
21 ....
22
23 Sec. 30-58. Erosion and sediment control program; regulations, standards and
24 specifications for erosion and sediment control and tree protection.
25
26 (a) The city council hereby adopts the regulations promulgated by the Virginia
27 soil and water conservation board pursuant to section 10.1-562 of the Code of Virginia
28 for the effective control of soil erosion, sediment deposition and nonagricultural runoff
29 which must be met in any control program to prevent the unreasonable degradation of
30 properties, stream channels, waters and other natural resources. Said regulations,
31 standards and specifications for erosion and sediment control are included in but [are]
32 not limited to the "Virginia Erosion and Sediment Control Handbook," ,
33 ." Third Edition, 1992 and all future amendments thereto and editions thereof.
34
35 (b) The program and regulations provided for in this article shall be made
36 available for public inspection at the office of the director of planning.
37
38 Sec. 30-59. Approved plan required for issuance of grading, building or other
39 permits; security for performance; site stabilization.
40
41 (a) Prior to the issuance of any grading, building or other permit for activities
42 involving land-disturbing activities, the applicant shall submit an application with an
43 approved erosion and sediment control plan and certification that the plan will be
44 followed. In addition, as a prerequisite to engaging in the land-disturbing activity as
45 shown on the approved plan, permit or agreement in lieu of a plan, the person
46 responsible for carrying out the plan or agreements in lieu of a plan shall provide the
47 name of a responsible land disturber, who will be in charge of and responsible for
48 carrying out the land-disturbing activity. Failure to provide the name of a responsible
49 land disturber prior to engaging in land disturbing activities may result in revocation of
50 the plan approval, and the person responsible for carrying out the plan shall be subject
51 to the penalties provided in this article.
52
53 ....
54
55 ~ c) Prior to the issuance of any certificate of occupancy or the final release of
56 any permit authorizing a land-disturbing activity all disturbed or denuded areas shall be
57 stabilized in accordance with the Virginia Erosion and Sediment Control Law and
58 Regulations by such methods as, but not limited to temporary seeding permanent
59 seeding, sodding or soil stabilization blankets and matting The Building Code Official
60 may authorize a temporary certificate of occupancy without the required soil stabilization
61 if the failure to stabilize is due to circumstances beyond the control of the permit holder
Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day of
June, 2010.
-26-
Item J.1. b.
ORDINANCES/RESOLUTION ITEM # 60032
Upon motion by Vice Mayor Jones, seconded by Council Lady Henley, City Council DEFERRED TO
JUNE 22, 2010, BY CONSENT.•
Ordinance to AMEND and REORDAIN the City Code:
b. ~ 6-117 and ~6-118 re water skiing and surfboarding
Voting.• 11-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 2010
-27-
Item J.2.
ORDINANCES/RESOLUTION ITEM # 60033
Upon motion by Vice Mayor Jones, seconded by Council Lady Henley, City Council DEFERRED
INDEFINITELY, BYCONSENT.•
Ordinance to AUTHORIZE temporary encroachments into a portion of
the City-owned right-of--way, known as 24`" Street and Atlantic Avenue,
by Walgreen Co. to construct and maintain an underground
conduit/cable. DISTRICT 6 -BEACH
Voting.• 11-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent.•
None
June 8, 2010
-28-
Item J.3.
ORDINANCES/RESOLUTION ITEM # 60034
Upon motion by Vice Mayor Jones, seconded by Council Lady Henley, City Council ADOPTED, BY
CONSENT:
Ordinance to AUTHORIZE encroachments across a portion of a City
utility easement and an easement over City-owned property, (Lake
Gaston), each in Isle of Wight County by Virginia Electric and Power
Company to maintain an overhead transmission line crossing; and,
AUTHORIZE the City Manager to execute the necessary documents
The following conditions shall be required:
Access to either party's facilities shall not be hampered at any time by the opposite party.
2. Dominion Virginia Power ("Company') shall restore any erosion or settling on the
right-of--way related to the installation or maintenance of the encroachment. The
Company shall comply with all state and local erosion and sedimentation control laws
and shall not adversely affect grade elevations and water drainage patterns.
3. The Company shall be responsible for damage to City facilities within the City easement
when such damage is determined to be the result of construction or maintenance
activities associated with Company facilities or Company right-of--way.
4. The electric line crossing is approved with no part of any supporting structure being
located within the City's utility easement.
5. The City shall not be responsible or liable for injuries to persons, including death or
damage to property, when such injuries, or damages, are caused by, result from, or are
on account of, or growing out of , the consent hereby granted. Company shall require its
contractor(s) to indemn~ the City against any loss, damage or liability arising from
work performed or permitted by the Company or its contractor(s) on the City easement.
6. The Company shall, at all times, have the right to keep the City easement clear of all
buildings, structures or other items that 1) block access to Company facilities; 2) create
an unsafe condition for Company facilities or employees, contractors or subcontractors;
or 3) violate any Code requirements that apply to Company facilities.
7. The Company is responsible for obtaining an easement from the property owner for the
Company facilities.
June 8, 2010
-29-
Item J.3.
ORDINANCES/RESOLUTION ITEM # 60034 (Continued)
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 2010
1 AN ORDINANCE AUTHORIZING (1) AN
2 ENCROACHMENT ACROSS A PORTION OF A
3 CITY UTILITY EASEMENT AND (2) THE GRANTING
4 OF AN EASEMENT OVER CITY-OWNED
5 PROPERTY, EACH IN ISLE OF WIGHT COUNTY BY
6 VIRGINIA ELECTRIC AND POWER COMPANY
7
8 WHEREAS, The City of Virginia Beach owns and maintains the Lake
9 Gaston Pipeline which extends from Brunswick County to Isle of Wight County
10 (the "Pipeline"). The Pipeline provides water from Lake Gaston to the City of
11 Virginia Beach;
12
13 WHEREAS, As a part of the Pipeline, the City owns a utility easement
14 across a portion of Isle of Wight County in the town of Windsor (the "Easement").
15 Also as a part of the Pipeline, the City owns a parcel of real property adjacent to
16 the Easement (the "Property");
17
18 WHEREAS, Virginia Electric and Power Company ("VEPCO") has
19 requested the City grant VEPCO an encroachment across a portion of the
20 Easement and an easement over a portion of the Property, each for the purpose
21 of maintaining an overhead transmission line crossing; and
22
23 WHEREAS, Granting the encroachment and the easement to VEPCO will
24 not interfere with the City's operation of the Pipeline and will further VEPCO's
25 goals of providing power to the citizens of Virginia.
26
27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
28 CITY OF VIRGINIA BEACH, VIRGINIA:
29
30 1. That the City Manager is hereby authorized to execute the
31 necessary documents to evidence the encroachment by VEPCO over a portion
32 of the City-owned easement in Isle of Wight County as shown on the plat
33 attached hereto as Exhibit A.
34
35 2. That the City Manager is hereby authorized to execute the
36 necessary documents to grant an easement to VEPCO over City-owned property
37 in Isle of Wight County as shown on the plat attached hereto as Exhibit B.
38
39 3. The documents evidencing the encroachment and the easement
40 shall contain such other terms and conditions deemed necessary and sufficient
41 by the City Manager and in a form deemed satisfactory by the City Attorney.
42
43 Adopted by the Council of the City of Virginia Beach, Virginia on the
44 8thday of June , 2010.
APPROVED AS TO LEGAL
SUFFICIENCY A
City Attorney
APPROVED AS TO CONTENT
~ P~
Department of Publ' Utiliti
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-30-
Item L.4.
ORDINANCES/RESOLUTIONS ITEM # 60035
Upon motion by Vice Mayor Jones, seconded by Council Lady Henley, City Council ADOPTED, BY
CONSENT:
Ordinance to ACCEPT and APPROPRIATE $1,047,900 of the
Cooperative Agreement Grant from the U.S. Department of Homeland
Security, Federal Emergency Management Agency (FEMA), for the FY
2009-10/2010-I1 Budget of the Fire Department re continued operation
of the Virginia Task Force 2 Urban Search and Rescue Team
Voting: I1-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 2010
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
AN ORDINANCE TO ACCEPT AND APPROPRIATE
GRANT FUNDS FROM FEMA FOR CONTINUED
OPERATION OF THE VIRGINIA TASK FORCE 2
URBAN SEARCH AND RESCUE TEAM
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1) Funds are hereby accepted from the U.S. Department of Homeland
Security, Federal Emergency Management Agency for the FY 2009-10/2010-11
Cooperative Agreement Grant for continued operation of the Virginia Task Force 2
Urban Search and Rescue Team in the amount of $1,047,900, and appropriated, with
estimated federal revenues increased accordingly, to the FY 2009-10 Operating Budget
of the Fire Department.
2) That 3.25 positions, including two full-time positions (FEMA Program
Manager and Account Clerk) and two part-time positions (Training Manager and
Logistics Manager totaling 1.25 FTE'S), are approved and maintained in the FY 2009-
10 and FY 2010-11 Operating Budgets of the Fire Department, provided, however, that
these new positions are conditioned upon continued grant funding for the duration of the
grant.
Adopted by the Council of the City of Virginia Beach, Virginia on the 8th day
of June , 2010.
Requires an affirmative vote by a majority of all of the members of City Council.
Approved as to Content
~.~G
Management Services
Approved as to Legal Sufficiency
l
City rney's ffi
CA11528
R-2
May 26, 2010
-31-
Item L.S.
ORDINANCES/RESOLUTION ITEM # 60036
Upon motion by Vice Mayor Jones, seconded by Council Lady Henley, City Council ADOPTED, BY
CONSENT:
Ordinance to ESTABLISH the Chesapeake Beach Sand Study Capital
Project and to TRANSFER $150, 000 to the General Fund Reserve for
Contingencies to fund the study
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 2010
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
AN ORDINANCE TO ESTABLISH THE CHESAPEAKE
BEACH SAND STUDY CAPITAL PROJECT AND TO
TRANSFER $150,000 TO THE CHESAPEAKE BEACH
SAND STUDY CAPITAL PROJECT
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, THAT:
1. The Chesapeake Beach Sand Study capital project (CIP #8078) is hereby
established in the Capital Budget; and
2. $150,000 is hereby transferred from the General Fund Regular Reserve for
Contingencies to the Chesapeake Beach Sand Study (CIP #8078) to fund the study.
Adopted by the Council of the City of Virginia Beach, Virginia on the 8th day
of June , 2010.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT
~.
~> ~ `
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
it rney's ice
CA11529
R-1
May 26, 2010
I I'
Item K.
PLANNING
-32-
ITEM # 60037
1. VIRGINIA BEACH CITY PUBLIC SCHOOLS/
WEST NECK, LLC
2. TOMMIE C. HERRING/THE R UNNYMEDE
CORPORATION
3. HAR VEST O UTREACH MINISTRIES, INC.
4. NEW LIFE PRESBYTERIAN CHURCH
S. DML DESIGNS, LLC T/A
GODSPEED TATTOO/JETTELLIS, LLC
6. URBAN-X-CHANGE II INC. -MATTHEW
HUTCHINSON L YNNHA VEN CROSSING
CHANGE OF ZONING
CONDITIONAL USE PERMIT
MODIFICATION OF CONDITIONS
(1 AND 2) (Approved by City Council
on March 25, 2008)
MODIFICATION to extend Condition 4
(Approved by City Council on November 12, 2002)
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
June 8, 2010
-33-
Item K.
PLANNING ITEM # 60038
Upon motion by Vice Mayor Jones, seconded by Council Lady Henley, ,City Council APPROVED IN
ONE MOTION Items 1, 2, 3, 4, S (DEFERRED), and 6 of the PLANNING BY CONSENT AGENDA:
Item S (DML DESIGNS, LLC/ T/A GODSPEED TATTOO/JETTELLIS, LLC) was DEFERRED until
the City Council Session of June 22, 2010.
Voting.• 11-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel,
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William
D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 2010
-34-
Item K.1.
PLANNING ITEM # 60039
Anthony L. Arnold, Director of Facilities - Virginia Beach City Public Schools, accompanied by Billy
Almond, Land Planner - WPL, advised the Site Selection Committee spent the better part of two (2) years
evaluating potential sites for the new Kellam High School. Vice Mayor Jones and Councilman Uhrin, are
members of the Site Selection Committee. This Committee was responsible for the acquisition of almost
thirty (30) school sites over the past two (2) decades. There have been six (6) public meetings with Civic
Leagues over the last three (3) months, two with West Neck, Courthouse Estates, Indian River Plantation,
as well as a general Civic League meeting at Kellam High School. There were two (2) separate design
charrette committees for the actual building footprint and the site. This committee was comprised of
staff, students at Kellam High School, community members and elected officials who met with the
Architect and designed the site plan as well as the floor plan. Mr. Arnold advised of the proposed
improvements on West Neck Road. Afour-lane divided road will be designed along the entire 1500 feet of
frontage. The road picks up where the improvements were left off with the interchange project at North
Landing and West Neck. The four-lanes run along the entire frontage and taper back into the safety
improvements that were completed last Summer by the Public Works Department. There is one median
opening for buses and one for cars, appropriate right and left turn lanes with stacking and tapering lanes
to accommodate the traffic. There is an 8 foot wide multi purpose trail along the full frontage. There are
also two foot wide outside lanes that allow for bicycle traffic along the entire frontage. A shared
entrance between the church across the street and the adjacent office developer is under discussion. The
Third Phase of safety improvements is scheduled to be constructed as a separate project. Design is to be
completed in the Spring. Building construction should commence in the Spring. Construction is
scheduled to wrap up in early 2014. The goal is to have the Class of 2014 graduate from the new Kellam
High School.
Council Lady Henley advised the new Kellam High School is being designed to withstand a Category II
Hurricane.
Upon motion by Vice Mayor Jones, seconded by Council Lady Henley, City Council ADOPTED, BY
CONSENT, Ordinance upon application of the VIRGINIA BEACH CITY PUBLIC
SCHOOLS/WEST NECK, LLC, for a Chan~of ZoningDistrict Classification from R-10 Residential
District to AG-1 Agricultural District at 2657 West Neck and North Landing Roads to construct a new
high school that will replace the existing Kellam High School located on Holland Road
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of of the VIRGINL4 BEACH CITY
PUBLIC SCHOOLS/WEST NECK, LLC, for a Chan~o Zonin
District Classification from R-10 Residential District to AG-1
Agricultural District at 2657 West Neck and North Landing Roads to
construct a new high school (GPIN: 14937921020000;
14946000930000;14945050090000) that will replace the existing
Kellam High School located on Holland Road
DISTRICT 7 -PRINCESS ANNE 20610123 7
June 8, 2010
-35-
Item K.1.
PLANNING ITEM # 60039 (Continued)
This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eighth of June, Two
Thousand Ten
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel,
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William
D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 2010
-36-
Item K.2.
PLANNING ITEM # 60040
Upon motion by Vice Mayor Jones, seconded by Council Lady Henley, City Council ADOPTED, BY
CONSENT, Ordinance upon application of TOMMIE C. HERRING/THE RUNNYMEDE
CORPORATION for a Conditional Use Permit to convert a retail facility into a church at 120 South
Plaza Trail
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of TOMMIE C. HERRING/THE
RUNNYMEDE CORPORATION for a Conditional Use Permit to
convert a retail facility into a church at 120 South Plaza Trail (GPIN #
14878336190000)
DISTRICT 3 -ROSE HALL 8061035419
The following conditions shall be required:
The applicant shall obtain all the necessary permits and inspections from the Permits and
Inspections Division of the Planning Department and the Fire Department required for
the change of use in the building. A Certificate of Occupancy shall be obtained from the
Building Official before use of the building as a religious facility.
2. The nonconformingfree-standing sign shall be removed and replaced with a conforming
free-standing sign or may be altered to conform to the requirements of the City Zoning
Ordinance.
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 Eighth of June, Two
Thousand Ten
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel,
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William
D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 2010
-37-
Item K.3.
PLANNING ITEM # 60041
Upon motion by Vice Mayor Jones, seconded by Council Lady Henley, City Council CONDITIONED
AS AMENDED, BY CONSENT, Ordinance upon application of HARVEST OUTREACH
MINISTRIES, INC. for Modi ication of Conditions 1 and 2 (approved by City Council on
March 25, 2008) for a church at 3312 Dam Neck Road
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of HARVEST OUTREACH
MINISTRIES, INC. for Modification of Conditions 1 and 2
(approved by City Council on March 25, 2008) for a church at
3312 Dam Neck Road (GPIN #14838536720000).
DISTRICT 7 -PRINCESS ANNE
The following conditions shall be required.•
The site shall be developed substantially in accordance with the submitted site
plan entitled "Harvest Outreach Ministries, Inc. Virginia Beach, Virginia
Preliminary Site Plan" prepared by Pinnacle Group Engineering, Inc. Said plan
has been exhibited to the Virginia Beach City Council and is on file in the
Virginia Beach Planning Department.
2. The building shall be constructed substantially in accordance with the submitted
colored Front Elevation untitled and not to scale. Said plan has been exhibited to
the Virginia Beach City Council and is on file in the Virginia Beach Planning
Department.
3. The applicant shall strive for a minimum of fifty (SO) percent open space on the
site.
4. The applicant shall maintain a minimum of one hundred (100) feet of landscaped
buffering from Indian River Road. No parking is allowed in the buffered areas.
S. The applicant shall install atwenty-five foot (25) landscaped buffer along the
property lines. The buffer shall be planted with a mixture of deciduous and
evergreen shrubs and trees.
6. A photometric lighting plan shall be submitted for review and approval with the
final site plan submission to the Development Services Center. Lighting plan is to
include height of poles located within the parking lot along with the location of all
pole-mounted and building-mounted lighting fixtures. All fixtures shall be
designed to prevent any direct reflection or glare toward adjacent uses or city
streets. The plan shall also include the lamp types, wattage and type of fixture.
Parking lot lighting shall use full cut-off fixtures. Lighting shall be directed down
at the ground and not horizontally or up in the air.
Final site plan shall depict a reservation or the future Indian River Road ri~ht-
o -wa .
June 8, 2010
-38-
Item K.3.
PLANNING ITEM # 60041 (Continued)
This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eighth of June, Two
Thousand Ten
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel,
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William
D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent.'
None
June 8, 2010
-39-
Item K.4.
PLANNING ITEM # 60042
Upon motion by Vice Mayor Jones, seconded by Council Lady Henley, City Council ADOPTED, BY
CONSENT , an Ordinance upon application of NEW LIFE PRESBYTERIAN CHURCH for Modification
to extend Condition 4 (approved by City Council on November 12, 2002) at 3312 Dam Neck Road to allow
for the use of a modular unit not to exceed an additional five (S) years from the date of this approval
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of NEW LIFE PRESBYTERIAN
CHURCH for Modification to extend Condition 4 (approved by City
Council on November 12, 2002) at 3312 Dam Neck Road (GPIN:
14950368470000 to allow for the use of a modular unit not to exceed an
additional five (S) years from the date of this approval
DISTRICT 3 - ROSE HALL
The following conditions shall be required.•
All conditions, with the exception of Number 4 attached to the Conditional Use Permit
granted by the City Council on November 12, 2002, remain in effect.
2. Condition Number 4 of the November 12, 2002, Conditional Use Permit is deleted and
replaced with the following:
a. The modular unit (trailer) is approved for a period not to exceed five (5) years from
the date of this approval.
This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eighth of June, Two
Thousand Ten
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel,
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William
D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 2010
-40-
Item K.S.
PLANNING
ITEM # 60043
Upon motion by Vice Mayor Jones, seconded by Council Lady Henley, City Council DEFERRED TO
JUNE 22, 2010, BY CONSENT, Ordinance re application of DML DESIGNS, LLC T/A GODSPEED
TATTOO/JETTELLIS, LLCfor a Conditional Use Permit re a tattoo parlor at 3795 Bonney Road.
Ordinance re application of DML DESIGNS, LLC T/A GODSPEED
TATTOO/JETTELLIS, LLC for a Conditional Use Permit re a tattoo
parlor at 3795 Bonney Road. (GPIN # 14873357880000)
DISTRICT 3 -ROSE HALL
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel,
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William
D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 2010
-41 -
Item K.6.
PLANNING
ITEM # 60044
Upon motion by Vice Mayor Jones, seconded by Council Lady Henley, City Council ADOPTED, BY
CONSENT, an Ordinance upon application of URBAN-X-CHANGE li INC. - MATTHEW
HUTCHINSON/LYNNHAVEN CROSSING for a Conditional Use Permit re a tattoo, permanent make-
up and body piercing establishment at 829 Lynnhaven Parkway.
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of URBAN-X-CHANGE II INC. -
MATTHEW HUTCHINSON/ LYNNHAVEN CROSSING for a
Conditional Use Permit re a tattoo, permanent make-up and body
piercing establishment at 829 Lynnhaven Parkway
(GPIN.• 14963486150000)
DISTRICT 3 -ROSE HALL 8061035420
The following conditions shall be required:
A business license shall not be issued to the applicant without the approval of the Health
Department for consistency with the provisions of Chapter 23 of the City Code.
2. Any signage for the building and the Tattoo Studio shall meet the requirements of the
Zoning Ordinance with the addition of limiting signage as follows: there shall be no
signs, including neon, L.E.D. or otherwise, or neon or L.E.D. accents, installed on any
wall area of the exterior of the building, windows and/or doors.
3. The use of L.E.D. shall be prohibited from any portion of a freestanding sign that
advertises spec f tally for the Tattoo Studio.
4. The Conditional Use Permit for the Tattoo Studio is approved for a period of one (1) year
with an administrative review every year thereafter.
S. The actual tattooing operation on a customer shall not be visible from the exterior of the
establishment or from the retail sales area within the establishment.
6. The hours of operation shall be 10: 00 A.M. to 10:00 P.M. Monday through Saturday and
from 12:00 P.M. to 8: 00 P.M. on Sunday.
This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eighth of June, Two
Thousand Ten
June 8, 2010
-42-
Item K.6.
PLANNING
Voting. 11-0 (By Consent)
Council Members Voting Aye:
ITEM # 60044 (Continued)
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel,
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William
D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 2010
- 43 -
Item L.1.
APPOINTMENTS ITEM # 60045
BY CONSENSUS, City Council RESCHEDULED the followingAPPOINTMENT:
HUMAN RIGHTS COMMISSION
June 8, 2010
-44-
Item L.2.
APPOINTMENTS ITEM # 60046
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
Thomas E. Fraim - At Large
William Hearst -At Large
3 year term
07/01/2010 - 06/30/2013
BEACHES and WATERWAYS COMMISSION
Voting: 11-0
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel,
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William
D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent.•
None
June 8, 2010
- 45 -
Item L.3.
APPOINTMENTS ITEM # 60047
Upon NOMINATION by Vice Mayor Jones, City Council:
REAPPOINTED:
Betty L. Warren -Rose Hall
3 year term
09/01/2010 - 08/31/2013
APPOINTED:
Garland Payne - Kempsville
Christopher Hooper, DDS - At Large
3 year term
09/01/2010 - 08/31/2013
PARKS and RECREATION COMMISSION
Voting: 11-0
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel,
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William
D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay.•
None
Council Members Absent:
None
June 8, 2010
-46-
Item L.4.
APPOINTMENTS ITEM # 60048
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Brian H. Reese
4 year term
07/01/2010 - 06/30/2014
SOCIAL SERVICES BOARD
Voting: 11-0
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel,
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William
D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent.•
None
June 8, 2010
-47-
Items O.
ADJOURNMENT ITEM # 60049
Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:19 P.M.
. y~d%
Beverly O. Hooks, CMC
Chief Deputy City Clerk
Ruth Hodges Fraser, MMC
City Clerk
City of Virginia Beach
Virginia
--- !~Z( _~ ------------
William D. Sessoms, Jr.
Mayor
The Public Dialogue re Non-Agenda items adjourned at 6:26 P.M.
June 8, 2010
-48-
PUBLIC DIALOGUE
STAND UP PADDLEBOARDS (SUP)
Janet Y. Meyer, 312 Spot Lane, Phone: 426-7759, spoke re Stand Up Paddleboards (SUP), now in the
ocean waters. Over time, she has witnessed the emergence and regulation of hobie cats, kayaks, surf
boards and jet skis. All but SUP's have fought for the right to be in the water. Their place is not in the
surf zone. A SUP can weigh up to 37 pounds, be 5.6 inches thick, 29.6 inches wide and be 12' long.
When cutting through the surf with the paddle horizontal, it can require up to nine (9) feet of clearance to
pass other Surfers. In addition this board poses a threat in coastal waves because it is cumbersome and
d~cult to maneuver safely. The paddle, which is 8.5 to 9.5 inches wide at the base and 6 to 8 inches
longer than the paddler's height, becomes a safety obstacle while the rider is upright and surfing and
becomes flotsam when awipe-out occurs causing unsafe obstacles for other Surfers to navigate around. It
is not a Surf Board; however, most riders of SUP's want to surf the waves even though their craft is a
paddle board and made for cruising on the flat surface of the ocean, lake, bay and inland waterways.
The Unites States Coast Guard indicates a paddleboard is a vessel and all applicable laws and
regulations that pertain to vessels will apply to the use of a "stand up paddleboard ". They are intended
to be used as a water sport activity beyond the narrow limits of a swimming, surfing or bathing area. As
such, they are required to carry a lifejacket, or Personal Floatation Device (PFD), a whistle and a
flashlight, if after dark. On the West Coast, legislation is under way to classify SUP'S in the same
category as sailboards, requiring licensing, life vests, a whistle or air horn and other safety features.
Ms. Meyer requested Virginia Beach review this SUP and take a stand for the safety of all people who use
the shoreline for enjoyment. They are observed along the coast at Sandbridge and the Oceanfront. Ms.
Meyer's statement and image of the SUP is hereby made a part of the record.
Mayor Sessoms requested the City Attorney to evaluate and determine the legal description of a paddle
board.
RED WING SENIORS GOLFASSOCIATION
Thomas R. Metz, Past President -Red Wing Senior's Golf Association, and currently a Member of the
Board, 1312 Water's Edge, Phone: 340-3330. Mr. Metz distributed a Petition to the Mayor and City
Council. Said petition is hereby made a part of the record. The Red Wing Seniors Golf Association, with
a membership of 60+ members, has just celebrated its 28TH Anniversary at Red Wing. The Golf
Association has played all these years in Winter and Summer and thus been a continuous source of
revenue for Red Wing (not only in green fees, but food and beverage). The Association even has players
in their late 80's, some of whom served in World War II. Two (2) years ago, the Association was made
aware other golf groups, including the Shriners, Knights of Columbus and the Virginia Beach Senior Golf
Group, receive preferential treatment in the form of $25 per green fee and cart for their golf events
during the week. The Red Wing Seniors Golf Association is charged $32.55 per player, even though they
are the only group that plays year `round during the week at the course. Since, the Golf Association
consists of mostly retired Seniors on a fixed income, they should receive the same consideration as the
other groups. The Association has requested, on more than one occasion, to have the golfing fees
reduced to match that of the other groups. Parks and Recreation have either failed to respond or have
given a "thumbs down "with regards to reducing the fees to $25 in order to be comparable with the other
groups. The Mayor and City Council are petitioned to correct this inequity.
The City Manager shall provide a report
June 8, 2010