SEPTEMBER 14, 2010CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CIT'Y COUNCIL
MAYOR WILL/AM D. SESSOMS, JR., At-Large
67CE MAYOR LOCIIS R. JONES, Bayside - Dis(rrc! ~1
1t/TA SWEET BEL/,/TTO, At-Large
Gl,ENN R. DAVIS, Rose Hall - District 3
WlLLIAM R. DeS1'EPH, At-Large
HARRY E. D/EZE!„ Kempsvi!!e - District 2
ROBERT M. DYER, Centervil[e - District 1
HARBARA M. HENLF.Y, Princes;s Anne - District 7
,IOHN G. UHRIN, Beach - Di.rtrict 6
ROSEMARY WILSON, At-Large
./AMES L. WOOD, Lynnhaven -Distrrct S
CITY COUNCIL APPOINTEES
CITY MANAGER - JAMES K SPORE
('/TY ATTORNEY - MARK D. STILES
C/TY ASSESSOR - JERALD BANAGAN
C/TY A UDITOR -/,YNDON S. REMIAS
ClTY CLERK - RUTH HODGES FR,9SER, MMC
I. CITY COUNCIL'S BRIEFING:
- Conference Room -
A. BAYFRONT ADVISORY COMMITTEE - Activities and Recommendations
Kal Kassir, Chair
B. NEIGHBORHOOD NAVIGATIONAL DREDGING
Vice Mayor Louis R. Jones
David L. Hansen, Deputy City Manager
II. CITY MANAGER'S BRIEFING:
A. LEGISLATIVE AGENDA 2011
Robert Matthias, Deputy City Manager
III. CITY COUNCIL LIAISON REPORTS
IV. CITY COUNCIL COMMENTS
V. CITY COUNCIL AGENDA REVIEW
VL INFORMAL SESSION - Conference Room -
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
CITY COUNCIL AGENDA
14 September 2010
CITYHALL BU/LDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRG/NIA 23456-8005
PHONF,.•(757) 385-4303
FA,K (757) 385-5669
E-MAIL: Crycncl@vbgov.com
3:30PM
5:30 PM
C. RECESS TO CLOSED SESSION
I VII. FORMAL SESSION
- City Council Chamber - 6:00 PM~
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. INVOCATION: Reverend Irvin W. Knight, Sr.
Pastor, Retired
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 August 24, 2010
G. FORMAL SESSION AGENDA
H. PUBLIC HEARING
1. FY 2010-2011 CAPITAL BUDGET AMENDMENT
Norfolk Southern right-of-way acquisition
I. CONSENT AGENDA
J. ORDINANCES/RESOLUTION
1. Ordinances to AMEND the City Code:
a. §§ 18-64 and 18-85 re License Taxes on establishments that provide Transient Lodging
b. § 18-32 re Permit Fees for Precious Metals Dealers
2. Ordinances to ACCEPT and APPROPRIATE Grant funds:
a. $20,000,000 from the Commonwealth of Virginia and $5,000,000 from the General Fund
Balance re Norfolk Southern Railway right-of-way acquisition
b. $31,135 from the U.S. Department of Homeland Security via the Virginia Department of
Emergency Management to continue the Citizen Corps Council (CCC) and
Community Emergency Response Team (CERT) programs
c. $16,250 from US Department of Homeland Security to Fire re equipment for the
Hazardous Materials Team (HAZMAT)
d. $55,150 from the Virginia Division of Motor Vehicles (DMV) with a City match to
Police of $11,030 re DUI Enforcement
e. $65,980 from the Virginia Division of Motor Vehicles (DMV) with a City match to
Police of $13,196 re Seat Belt Enforcement
3. Resolution to REFER to the Planning Commission AMENDMENTS to the City Zoning
Ordinance (CZO) re Environmental Education Centers in the P-1 (Preservation) District
K. PLANNING
1. Application of VICTOR M. and BARBARA A. WEST for a Nonconforming Use re an
antique/craft shop at 4100 Charity Neck Road (DISTRICT 7- PRINCESS ANNE)
RECOMMENDATION
APPROVAL
2. Application of VIRGINIA BEACH TRAVEL SOCCER, INC. for Modification of
Condition No. 5 re restrictions on the use of outdoor field lighting (approved on 9/8/09
and deferred 6/9/10) at 2949 Shipps Corner Road (DISTRICT 6- BEACH)
RECOMMENDATION APPROVAL
3. Application of AMERIGROUP CORPORATION for a Conditional Use Permit re a cafe
and deli at 4433 Corporation Lane (DISTRICT 4- BAYSIDE)
RECOMMENDATION
APPROVAL
4. Application of CITY OF VIRGINIA BEACH to AMEND Section 501 of the City Zoning
Ordinance (CZO) re outdoor recreational and amusement facilities in Residential Districts
RECOMMENDATION
L. APPOINTMENTS
COMMUNITY SERVICES BOARD
ENERGY ADVISORY COMMITTEE
HEALTH SERVICES ADVISORY BOARD
MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE
MINORITY BUSINESS COUNCIL
SOCIAL SERVICES BOARD
APPROVAL
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
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PUBLIC COMMENT
Non-Agenda Items
Each Speaker will be allowed 3 minutes
and each subject is limited to 3 Speakers
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~ ~~ CITY COUNCIL ~
; ; RETREAT ;
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i~ FRIDAY and SATURDAY +
; ;; January 21-22, 2011 ;
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~ „ Suite 1000 ;
i i 222 Central Park Avenue :
: ;; TOWN CENTER ;
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= CITY COUNCIL / SCHOOL BOARD :
: "FIVE YEAR FORECAST" :
Building No. 19
TUESDAY, NOVEMBER 16, 2010
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
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-1-
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
September 14, 201 D
Mayor William D. Sessoms, Jr., called to order the CITY COUNCIL'S BRIEFING re BAYFRONT
ADVISORY COMMITTEE in the Ciry Council Conference Room, Tuesday, September 14, 2010, at 3: 30
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 and
James L. Wood
Council Members Absent:
Rosemary Wilson Participating in the Hampton Roads Chamber of Commerce's
"World Expo 20I0 Shanghai, China ", departing September 14,
and returning September 22, 2010.
September 14, 2010
-2-
CITY COUNCIL'SBRIEFING
BAYFRONT ADVISORY COMMITTEE - Activities and Recommendations
3:30 P.M.
ITEM # 60246
Kal Kassir, Chair - Bayfront Advisory Committee, presented information re the activities of the
Committee. The Bayfront Advisory Committee (BAC) continues in its efforts to fulfill City Council's
Mission to us of serving as a Liaison betrveen the Bayfront Community and the City Council with respect
to development and improvements to the Shore Drive Corridor.
One of the most important aspects of our Mission is to monitor and report to the City
Council the progress of implemented public projects and plans within the Shore Drive
Corridor and provide recommendations for remedial actions as deemed necessary. With
respect to that, the BAC Committee has diligently monitored the progress of the Capital
Improvement Projects slated for the Corridor. We have seen many of the Shore Drive
Interim Safety Improvements, as recommended by the Shore Safety Task Force in 2006,
implemented, and the Shore Drive Demonstration Project, from Treasure Island Road to
Marlin Bay Drive, completed. We participated in the staff presentations and public
discussions regarding the proposed Lesner Bridge Replacement Project and endorsed the
proposal. We understand that Phase 4 of the CIP project, Marlin Bay Drive to East
Stratford Drive, is funded and scheduled to begin construction sometime in 2013.
The BAC Committee, through citizen concerns, requested that staff review and provide
some method of ident~ing streets that intersect with the Cape Henry Trail bike path.
Staff installed street name blades along the path at certain intersections.
2. Another equally important aspect of our mission is to engage in public information
efforts to improve communication between the Bayfront Community, the development
communiry and the City government and to serve as a Forum for discussion of
information brought forth by both the public and private sectors on matters related to the
Bayfront Community. We have made great strides in this area. Staff continues to update
and maintain the Bayfront Advisory Committee webpage on the Planning Department's
website. Press releases of upcoming meetings and Committee meeting minutes are posted
regularly. Information pertaining to the Corridor and community activities is also posted
to the website. BAC has worked with the Shore Drive Community Coalition to form a
more collaborative partnership by providing time during BAC Committee meetings for
the Shore Drive Communiry Coalition to report their activities. The Bayfront Advisory
Committee partnered with the Shore Drive Community Coalition to sponsor Lunch with
the Mayor in order to gather an e-mail database that will allow a better distribution of
information. Staff regularly forwards information to the SDCC for posting on their
website. BAC also reached out to the Joint Expeditionary Base Little Creek - Fort Story
and Hampton Roads Sanitation District (HRSD). The Commander of the Base is now an
Ex Officio member of the Bayfront Advisory Committee and a representative regularly
attends the Committee meetings to provide input on how base operations may affect the
communiry and how public projects may affect the Base operations.
Further, the Communications Sub-committee regularly provides a Newsletter to staff and
the Shore Drive Community Coalition regarding the activities of the Committee. The
Newsletter is posted to the Bayfi°ont Advisory Committee and the Shore Drive Communiry
Coalition websites.
September 14, 2010
-3-
CITY COUNCIL'SBRIEFING
BAYFRONT ADVISORY COMMITTEE - Activities and Recommendations
ITEM # 60246 (Continued)
The Bayfront Advisory Committee also reviews proposed development projects within the
Corridor and offers suggestions for compliance within the Shore Drive Design
Guidelines.
3. The Bayfront Advisory Committee also exists to encourage and facilitate establishment of
public private partnerships and alternative funding sources to achieve the goals and
recommendations of the ULI Study and the adopted plans and guidelines. The Bayfront
Advisory Committee worked extremely hard on the Comprehensive plan revisions for the
Bayfront Community to prioritize the areas of concern brought forth by the citizens.
Acquisition of Pleasure House Point is considered the highest priority in the Community
and that is reflected in the Comprehensive Plan. It was with great pleasure to learn that a
plan for the Point is in place and you received our endorsement and support for your
initiative to acquire the Pleasure House Point parcel of land.
4. Lastly we continue to ident~, refine and reprioritize a series of recommended projects
and actions to the City Council for implementing the adopted Shore Drive Corridor Plan,
Transportation Plan, Design Guidelines, Landscaping Guidelines and to address issues
associated with the public safety and development of the Corridor. Our Design Sub-
Committee worked with staff to have Bayfront Communiry signs installed along Shore
Drive and Great Neck Road and is currently working on neighborhood signs that will
complement the community signs. Other issues the Design Sub-Committee is exploring is
Design Guidelines for neighborhoods and businesses in the communiry.
With regard to this particular part of our mission; however, we have recently finished an
intense effort to study pedestrian safety issues along the Corridor. The Public Safety
Transit, Parking and Pedestrian Access, Design and Communications Sub-Committees
met three times to discuss the safery issues along the Corridor, and there were two field
trips to view the problems. Ciry staff and concerned citizens also attended the meetings
and field trips. The Sub-Committees determined that there are three areas of public safety
that should be addressed - infrastructure improvements, enforcement and education.
City staff presented several options for short term infrastructure improvements to the
Corridor - Pedestrian cameras that preempt the traffic signal, tra~c signal
enhancements, a safety fence in the median, improved street lighting, sidewalk
improvements and trimming of overgrown vegetation. Traffic signal timing was also
discussed, but is not an immediate recommendation for the Corridor.
The next item discussed was the possibility of moving Phase III of the Capital
Improvement Project for improvements to Shore Drive between Great Neck Road and the
Lesner Bridge to a priority position. Currently, Phase IV improvements to Shore Drive
between the Lesner Bridge and Shady Oaks/Marlin Bay, is fully funded and scheduled to
begin in 2013. The amount of funding for each project is similar. The request could be
accommodated as the perceptions and issues along the Corridor between Great Neck
Road and the Lesner Bridge have changed. Most, if not all, citizens in the area recognize
the need for safety improvements in this particular section of Shore Drive.
September 14, 2010
-4-
CITY COUNCIL'SBRIEFING
BAYFRONT ADVISORY COMMITTEE -Activities and Recommendations
ITEM # 60246 (Continued)
With regard to Enforcement, the Police Department reported that enforcement is
continuing along the Corridor with special emphasis on Friday and Saturday. A request
was made for the Establishment Review Task Force (ERTF) to become more active
along the Shore Drive Corridor.
The final element to be discussed was Education - not only for the public, but also the
owner(s), managers and staff of the establishments. Citizen involvement along the
Corridor can assist in changing the behavior as well as the owner taking responsibility
for what happens in his establishment and off premises when the patron has been over
served.
The Sub-Committees considered all of the information provided and made the following
recommendations to the Bayfront Advisory Committee for consideration. The Bayfront
Advisory Committee now presents these recommendations to City Council, for their
consideration and implementation:
Infrastructure Recommendations
Long Term - BAC recommends, with staff's support, moving Phase III, which is improvements to Shore
Drive between Great Neck Road and the Lesner Bridge, to a priority position ahead of Phase IV. Phase
IV covers improvements between the Lesner Bridge and Shady Oaks/Marlin Bay.
Short Term - BAC recommends the installation of movement actuated pedestrian cameras to preempt the
traffic signals, the installation of crosswalks and handicap-accessible ramps at West Great Neck Road
and Starfish Road, the addition of seven (7) new street lights (250 watts HPSV) along Shore Drive
between Urchin Road and Starfish Road and the upgrading of the two existing lights, the installation of
S00 feet of missing sidewalk with handicap-accessible ramps along the overgrown vegetation, and the
retiming of traffic signals pending the final determination of the Shore Drive speed limit.
Enforcement
The Bayfront Advisory Committee recommends heightened Police Department enforcement of jaywalking,
puhlic intoxication and traffic regulations, Fire Department enforcement of occupancy regulations, and
request the Establishment Review Task Force expand their efforts to increase enforcement in the Shore
Drive Corridor. Mr. Kassir, advised a representative of the Fire Department informed the Committee that
due to Budget cuts, that unless they are called, there are not enough Firemen to provide this occupancy
enforcement.
Education
The Bayfront Advisory Committee recommends the utilization of alcohol responsibiliry programs
developed by major trade associations in the hospitality industries and promulgate these ideas across the
City. We recognize that there is a need to improve the image of the Shore Drive Corridor, which image
has had an unfortunate impact on the good citizens of our community. These public safety
recommendations will cost approximately $63,000. The Bayfront Advisory Committee urges the City
Council to consider these recommendations for implementation.
September 14, 2010
-5-
CITY COUNCIL'SBRIEFING
BAYFRONTADVISORY COMMITTEE -Activities and Recommendations
ITEM # 60246 (Continued)
Mr. Kassir also requested exploration of Department of Defense funding as weight limit posting is fast
approaching on a vital Military Strategic Group. Mr. Kassir expressed his deep gratitude to the members
of ~he Bayfront Advisory Committee for their diligence and spirit of volunteerism. Mr. Kassir expressed a
special thanks to Clay Bernick, who has served as Liaison for over ten (10) years. Mr. Kassir also
expressed appreciation to the current Liaison, Faith Christie - Planner III, and to the staffs of Planning
and Public Works.
The City Manager advised Vice Mayor Jones a transfer re $63, 000 from the Capital Improvement
Program Lesner Bridge, Phase IV, would be reviewed re the line items.
September 14, 2010
-6-
C ITY COUNCIL'S BRIEFING
NEIGHBORHOOD NAVIGATIONAL DREDGING
3:45 P.M.
ITEM # 60247
Vice Mayor Jones advised he and David L. Hansen, Deputy City Manager, have been working with the
Old Donation Creek Waterway Association, to devise a Plan that will assist the members of that
Association and the property owners. Vice Mayor Jones recognized two members of the Association in
attendance: Robert W. Westmont and Christopher W. Fertig. Messrs Westmont and Fertig and the
members of the Old Donation Creek Waterway Association have been working hard to compile a
consensus in the neighborhood for the purpose of creating a Special Service Tax District to assist in the
long term funding for the dredging of Old Donation Creek out to the main channel of the Lynnhaven
River. An 80% participation was stressec~
David L. Hansen, Deputy City Manager, presented a Policy Report on Creating Neighborhood SSD's
(Special Service District's) to Partner with the City for Dredging.
Prior Efforts / Reviews
1997 Citywide Analysis
^ Too big, too long, unaffordable
2004-2005 Series of four (4) Council Briefings
^ Four potential courses of action identified
^ No formal City Council action
September 14, 2010
-~-
CITY COUNCIL'S BRIEFING
NEIGHBORHOOD NAVIGATIONAL DREDGING
ITEM# 60247 (Continued)
The Policy Report provides the consensual agreement for neighborhood dredging projects which will
accomplish two (2) very significant initiatives: the ability of our residents to recapture their access to
navigable channels in the Lynnhaven and to attack the number one cause for the degradation of the
Lynnhaven's water quality - siltation of the sandy bottom.
Over the last two (2) years, Ciry staff has been responding to the Old Donation Creek Waterway
Association's requests via discussions regarding how they might parmer with the Ciry to accomplish
navigational dredging to regain deep water access. a
The Attachment B presents a map which depicts the Ciry and Special Service District (SSD) neighborhood
channels along with the corresponding Special Service District (SSD) properties. Attachment B comprises
the sixty-six (66) properties of the Old Donation Creek neighborhood. Forty-eight (48) of these sixty-six
(66) properties represent seventy-three percent (73%) of the possible Special Service District currently in
support of this initiative. Virginia Code requires at least fifty-one percent (SI %) property owner approval
as a minimum threshold before the City Council will consider a neighborhood request. The City Council
has the authoriry to designate what percentage of neighborhood approval they would like to establish
before considering approving a neighborhood dredging Special Service District (SSD) request. As an
SSD is an additive real estate tax, City Council may choose to set the participation percentage higher
than the Code required SI % of adjacent properties to establish an SSD and before consideration of an
Ordinance creating the neighborhood Navigation Channel Dredging District can occur.
September 14, 2010
-8-
CITY COUNCIL'S BRIEFING
NEIGHBORHOOD NAVIGATIONAL DREDGING
ITEM # 60247 (Continued)
In accordance with Virginia Code Section ~15.2-2403, and after adoption of an Ordinance creating a
Special Service District, the governing body has the power to construct, maintain and operate such
facilities necessary to provide government services within the Service District pertaining to the dredging
of creeks and rivers to maintain existing uses.
In the last thirty (30) days, the Old Donation Creek Waterway Association has repolled all sixty-six (66)
properties and now fifty-five (SS) of the sixty-six (66) properties are ready to approve. This equates to
83.3%.
Legal Considerations
• Virginia Code §I5.2-2403 Authorizes SSDs for navigation
• Minimum of SI % property owner approval
• Formal adoption by City Council
• Staff recommending 80% property owner approval
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AttachmentB
September 14, 2010
-9-
CITY COUNCIL'S BRIEFING
NEIGHBORHOOD NAVIGATIONAL DREDGING
ITEM # 60247 (Continued)
Current Proposal
• Neighborhood Channe[ funded by Special Service District (SSD)
• City cost share's by funding spur channel
• Individual funding of turn basins
• City management of project
• Economies of scale
• Defined schedule
• Sunset duration
With the spur provided at City expense, it is anticipated that the Old Donation Creek Special Service
District would fund the construction of a common channel serving the residents within that neighborhood.
This Neighborhood Channel would be sized to serve the navigational needs of the residents with respect
to depth and width, balanced against environmental impacts and the ability to obtain permit authority to
dredge. At this point, it is assumed the Neighborhood Channel System would be twenry (20) feet wide
with a deptl
Project Format
• Mechanical Dredging
• Anticipate using City Dredged Material Transfer Station
• Deposition at City Disposal Area: Whitehurst Burrow Pit
September 14, 2010
- 10-
CITY COUNCIL'S BRIEFING
NEIGHBORHODD NAVIGATIDNAL DREDGING
ITEM # 60247 (Continued)
September 14, 2010
-11-
CITY COUNCIL'S BRIEFING
NEIGHBORHOOD NAVIGATIONAL DREDGING
ITEM # 60247 (Continued)
1 S` Dredging Cost Estimate
City Portion: $I03,2I2
SSD Portion: $393,480
Individual Channels: $ 12,000 average
First Dredging engineering and construction contract could exceed $1-Million
Including design, administrative costs, survey, construction and navigation aids
Life Cycle Estimated Costs
City Portion
Cvcle i~olume Cost
1 2, 667 CY $103, 212
2 1,867 CY $ 90,059
3 1,334 CY $ 90,523
S, 868 CY $283, 794
(includes S% cost escalation)
Life Cycle Estimated Costs
SSD Portion
Cvcle Volume Cost
1 10,330 CY $ 393,480
2 7,233 CY $ 348,920
3 S,167 CY $ 350,757
22,730 CY $1,093,157
(includes S% cost escalation)
Appropriations Schedule
Cvcle Year Desi~n Construction
1 1 ~100,000
2 ,$ 400, 000
2 8 $ 88,000
9 $ 352,000
3 1 S $ 90, 000
l6 $ 355,000
Total $278,000 $1,107,000
September 14, 2010
-12-
CITY COUNCIL'S BRIEFING
NEIGHBORHOOD NAVIGATIONAL DREDGING
ITEM # 60247 (Continued)
Neighborhood and City Channels only =$1,385,000
David Bradley, Deputy Director - Resource Management, referenced Attachment C- Summary of
Costs for Community and City Channel Dredging, which is hereby made a part of the record.
SSD Data
• Total SSD assessed value: $43, 012, 700
• Sixty-six (66) properties in the Neighborhood District
• Each penny surcharge raises $ 4,301/year
• SSD rate covers costs for 16 year [ife: 15.9¢/$100 of the FYll assessed
value
• Average property contributes $1,017/year
• Review rate at end ojevery 4`" year
Risks:
• Environmental permits
• Real estate dedication
• Real estate valuation changes
• Cost escalation assumption (S% annually)
September 14, 2010
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-13-
CITY COUNCIL'S BRIEFING
NEIGHBORHOOD NAVIGATIONAL DREDGING
ITEM # 60247 (Continued)
Alternatives:
• Status quo
• Basin wide SSD :+2500 properties, $3M/yr + 10 years completion, $30-Million in 1997
dollars
• Expand City main channel projects to include spur channels: no ROI via confirmed
neighborhood partners, @40 spurs, + $4-Million
• Cost sharing on a single dredging basis: 65/35 but not a[I coves are the same
• Fully funded by City: takes ownership =$35-Million in 2005 dollars
Hybrid Alternative:
• Individual neighborhood SSD's, specific scopes and timelines (3 cycles, 16 years)
• Includes City funded Spur Channels (early appropriations allow for ls` dredging in year 2)
• Partnership - Cost sharing (3 sources)
• City management ojeffort - formulation, funding, design, permitting, construction,
• maintenance
• Creates a viable solution to reclairra rtavigation and improve water quality
• Establishes a reasonable timeline with visible results
Recommendations:
Concur with the hybrid alternative ... and
If accepted by neighborhood - obtaining 80% approval (signed SSD intent cY~ easement
dedication)
Authorize staff to bring forth an SSD Ordinance for Public Hearing and City Council
consideration
September 14, 2010
-14-
C ITY MANAGER `S BRIEFING
2011 COMMUNITY LEGISLATIVE AGENDA
ITEM # 60248
4:22 P.M.
Robert Matthias, Assistant to the City Manager, advised the 2011 Session of the General Assembly will
be, as always, very important to the Commonwealth. Mr. Matthias again provided a brief synopsis of the
2011 Community Legislative Agenda Preface and items, as he had during the September 7, 2010, City
Council Workshop. The 2011 Community Legislative Agenda Public Hearing will be SCHEDULED for
September 28, 2010.
The City is concerned, as are all local governments, about the possibility of ABC privatization.
Currently, approximately $220-Million per year goes to the General Fund, which helps to fund Schools,
Public Safety and many other basic services. Also, there are questions about the local government's
control over ABC stores if they ARE to be privatized. Concerns are foremost in the deliberations as the
Commonwealth moves forward with government reform and overhaul, especially the privatization of ABC
stores. The concern centers around (basically a tripling of the ABC stores and their location) The staff
plan to-date would only provide as much as $S00-Million in one kind for transportation funding, which
would go into an infrastructure bank that approximately up to $1-Million could be utilized for
transportation projects. The first phase of recommendations was voted upon yesterday, September 13,
2010. The next Committee Meeting re ABC privatization is October 4, 2010.
As the City has been saying for many years, the General Assembly has attempted repeatedly to address
transportation and has been unsuccessful. Although HB3202 would have created tremendous amounts of
new revenue for the Commonwealth and especially for Hampton Roads and Northern Virginia, those
efforts went wasted because of the ruling of the State Supreme Court. The City of Virginia Beach now
receives zero dollars from the Commonwealth for urban street construction, down from an amount in the
mid $30-Million just a few years ago. Transportation has become a quality of life issue and is leading to
decreased economic development and productivity. What is most troubling about the inabiliry of the
General Assembly to react to the transportation crisis, is senior officials of the Navy repeatedly saying
that they would not support additional commands coming to Hampton Roads until we address our
transportation issues. This must be addressed as soon as possible. Mr. Matthias has been attending all
the meetings of the Governors' Reform Commission.
2011 Requested Code of Virginia Changes
1. PADDLEBOARDS IN SWIMMING AND SURFING AREAS
ChiefJamesA. Cervera
Department of Police
Background Information:
Paddleboards are large, heavy boards used for recreational purposes in coastal waters.
The Coast Guard has classified paddleboards as "vessels" and has imposed regulations on
their use, but those regulations apply only when the paddleboards are used outside of
designated swim/surf zones. Because the use of paddleboards in swimming and surfing
areas could create a safety hazard for swimmers or persons wading into the water, the City
seeks authority to regulate the operation of these vessels in swimming or surfing areas.
September 14, 2010
-15-
C ITY MANAGER `S BRIEFING
2011 COMMUNITY LEGISLATIVE AGENDA
ITEM # 60248 (Continued)
1. PADDLEBOARDS IN SWIMMING AND SURFING AREAS (Continued)
ChiefJamesA. Cervera
Department of Police
Request:
We request that the General Assembly enact legislation that would authorize Virginia
Beach to regulate, by ordinance, the use and operation of paddleboards when such vessels
are operated within any area designated by the City as a swimming or surfing area.
2. PROCEDURES FOR NOTIFYING ACCUSED OF CERTIFICATE OF ANALYSIS;
WAIVER; CONTINUANCES
ChiefJames A. Cervera
Department of Police
Background Information:
The issue involves giving notice to a person that the arresting officer intends to use a
certificate of analysis in court. The code currently requires a copy to be filed with the court
the same day it is giving to the accused. An officer can't possible comply with this code if a
person is arrested on a Friday night and is given a copy of the certificate of analysis and
notice. Since the notice form does not reach the clerk's office until Monday, it is several
days late. This has resulted in several breath test results being thrown out of court and on
some occasions the entire DUI case being lost.
Request:
We request that the General Assembly amend Virginia Code § 19.2-187.1 to give an officer
7 days to file the copy.
See Appendix Item 2(page 20) for text of the requested legislative change.
September 14, 2010
-16-
C ITY MANAGER `S BRIEFING
2011 COMMUNITYLEGISLATIVEAGENDA
ITEM # 60248 (Continued)
3. RIDING ON MOTORCYCLES, GENERALLY
ChiefJamesA. Cervera
Department of Police
Background Information:
Increased fuel cost we are seeing an increase in motorcycle usage. We are also seeing an
increase in passengers on motorcycles. Since there is no safety devices manufactured for
children and toddlers, it is quite unsafe and impractical for a child under the age of 8 to
ride on a motorcycle. It is also quite difficult for most children under the age of 9 to stay on
the motorcycle while it is in operation.
Request:
We request that the General Assembly amend Virginia Code § 46.2-909 so that no person
under the age of 9 shall ride on a motorcycle.
See Appendix Item 3(page 21) for text of the requested legislative change.
Councilman DeSteph expressed concern re Item 3(Riding on Motorcycles, Generally) and will discuss
with Chief Cervera.
4. POSSESSING FIREARM WHILE UNDER THE INFLUENCE OF ALCOHOL OR
ILLEGAL DRUGS
ChiefJamesA. Cervera
Department of Police
Background Information:
Police of~cers are increasingly coming into contact with individuals that are legally
carrying a firearm while intoxicated. There is no practical difference between "open carry"
and concealed carry if the possessor is intoxicated. We therefore request that Virginia
Code § 18.2-308 be amended to prohibit openly carrying a firearm or having it in plain
view in a vehicle while intoxicated. The current Code prohibits a person with a concealed
handgun permit to carry the handgun if they are intoxicated but there is no prohibition for
a person to possess a firearm in plain view or "open carry" if they are intoxicated.
September 14, 2010
-17-
C ITY MANAGER `S BRIEFING
2011 COMMUNITYLEGISLATIVEAGENDA
ITEM # 60248 (Continued)
4. POSSESSING FIREARM WHILE UNDER THE INFLUENCE OF ALCOHOL OR
ILLEGAL DRUGS (Continued)
Request:
We request that the General Assembly amend Virginia Code § 18.2-308 so that any person
who is under the influence of alcohol or illegal drugs while possessing a firearm in a public
place shall be guilty of a Class 1 misdemeanor.
See Appendix Item 4(page 22) for text of the requested legislative change
5. CRIMINAL HISTORY RECORD INFORMATION CHECK FOR TRANSFER OF
CERTAIN FIREARMS
Councilmember Bill DeSteph
Background Information:
State law requires a gun dealer selling a firearm to an individual to obtain criminal history
record information from the Department of State Police prior to completing the sale.
Certain individuals and transactions are exempt from the background check requirements.
A person who purchases a handgun in a private sale is exempt from the background check
requirements. Questions have arisen in enforcing this law as to whether a dealer can have
"business inventory" and a separate "personal inventory" of firearms that may qualify for
the private sale exemption. As currently written, the law references sales or transfers from
a dealer's inventory, but does not distinguish between a dealer's business inventory and a
dealer's personal inventory.
Request:
In an effort to better protect citizens and to clarify that criminal history record information
checks are required for firearm sales by a gun dealer, regardless of whether those firearms
are part of his business inventory or his personal inventory, we request that the General
Assembly amend Virginia Code §§ 18.2-308.2:2(B) (1) and 18.2-308.2:2(C) to delete the
three occurrences of the phrase "from his inventory.") See Appendix Item 5(page 23) for text
of the requested legislative change.
Relative Item 5, Councilman DeSteph advised as a Gun Dealer, if he attempts to sell one of his personal
weapons at a gun show, he cannot perform a background check on the individual who has approached
Councilman DeSteph to buy one of his personal weapons. This item would close the "loophole " and
allow Councilman DeSteph to perform a background check on the individual who wishes to buy one of his
personal weapons. The City Attorney and Police concur with this item.
September 14, 2010
-18-
C ITY MANAGER `S BRIEFING
2011 COMMUNITY LEGISLATIVE AGENDA
ITEM # 60248 (Continued)
6. ISSUING CIVIL SUMMONS VIA CONTRACTOR WORKING ON BEHALF OF A
MUNICIPALITY
Tom Leahy
Department of Public Utilities
Background Information:
Virginia Code § 15.2-2122 empowers localities and their employees to take certain steps to
protect public health, including the authority to establish civil penalties for violations of fats,
oils, and grease standards. The state code provision currently only grants a municipal employee
the authority to issue civil summonses. The City uses contractors in furtherance of its fats, oils,
and grease regulations, so we are proposing a change to this state code provision that would
authorize a contractor working on behalf of a municipality to issue civil summonses. The
contractor will be required to have the appropriate certifications from the Virginia Department of
Housing and Community Development; and the Director of the Department of Public Utilities or
his designee must authorize for issuance of the civil summons by the contractor.
Request:
See Appendix Item 6(page 24) for text of the requested legislative change.
7. DISABILITY RETIREMENT: INELIGIBILITY FOR MALFEASANCE IN OFFICE
Patti Phillips
Department of Finance
Background Information:
Presently employees are entitled to disability retirement when an injury renders them
unable to perform the essential functions of their specific job regardless of whether they
were terminated or cause for termination existed due to egregious misconduct in office.
Although this situation may not occur regularly, there have been instances where
employees were ultimately granted disability retirement despite criminal convictions for
illegal conduct that occurred in office or, perhaps less egregious, when cause for
termination existed at the time of separation due to ongoing administrative investigations.
While Virginia Code § 51.1-153(C) sets forth that "no member shall be entitled to the
benefits of this subsection if his employer certifies that his service was terminated because
of dishonesty, malfeasance or misfeasance in office", the disability retirement code section
lacks similar provisions. Localities and citizens should not be taxed with providing
disability retirement benefits for employees who have undertaken egregious indiscretions.
September 14, 2010
-19-
C ITY MANAGER `S BRIEFING
2011 COMMUNITY LEGISLATIVE AGENDA
ITEM # 60248 (Continued)
7. DISABILITY RETIREMENT: INELIGIBILITY FOR MALFEASANCE I1V OFFICE
(Continued)
Request:
The General Assembly is requested to amend Virginia Code § 51.1-156 disability
retirement to add a section as follows:
No member shall be entitled to the benefits of this section if his employer certifies that the
employee was separated from service because of dishonesty, malfeasance, or misfeasance
in office or the member is convicted of a felony involving malfeasance, misfeasance or other
abuse of office.
8. JOB-RELATED DISABILITY RETIREMENT: ALTERNATIVE ELIGIBILITY
GUIDELINES
Patti Phillips
Department of Finance
Background:
The current Virginia Retirement Service (VRS) disability retirement code provisions
provide for employees to retire on disability if they cannot perform the job for which they
were hired and the disability is a result of a job-related injury. This is the case even if the
employee is medically able to perform other work without diminution of salary or benefits
within the local government.
VRS' eligibility determination process for disability retirements does not afford localities
the opportunity to provide employees an alternate position within the employee's medical
capabilities.
Presently employees are entitled to disability retirement when an injury renders them
unable to perform the essential functions of their specific job. In some cases; however, the
employee is capable of performing other work and the locality may have alternate
positions available for the employee within the parameters of the employee's medical
restrictions.
Providing an option to employers to locate other jobs within the organization with
comparable pay, and allowing employees who are medically able to perform work to accept
an alternate position within the locality would be less expensive for the VRS system and the
employer. Likewise, it would provide continuous employment and benefits for the
employee.
September 14, 2010
-20-
C ITY MANAGER `S BRIEFING
2011 COMMUNITYLEGISLATIVEAGENDA
ITEM # 60248 (Continued)
8. JOB-RELATED DISABILITY RETIREMENT: ALTERNATIVE ELIGIBILITY
GUIDELINES (Continued)
Request:
The General Assembly is requested to amend Virginia Code § 51.1-156 Disability
retirement to allow a local government employer the option to review the knowledge, skills
and abilities of employees with job-related injuries and advise VRS if alternate positions
are available; pursuant to the following guidelines:
1. If the employee cannot perform the essential functions of the job for which he/she
was hired and the local government cannot retain the employee in that position, THEN, the
local government shall have the option of finding an available alternate position within its
organization or affiliated organizations (locality, school board, development authority,
constitutional offices) (a) for which the employee is qualified, or can be qualified, that is
within the employee's medical restrictions; (b) that does not result in a diminution of
salary or benefits; and (c) that has been offered to the employee. IF the locality chose
to and was successful in finding an alternate position, the employee is capable of
performing other work, and the alternate position is offered, the locality could advise VRS
that an alternate position(s) is available and has been offered to the employee.
2. a. In the case of law enforcement employees: if the local government chooses to
find an alternate position within its organization or affiliated organization and one is
available within the employee's medical restrictions, that would not result in a diminution
of salary or benefits, then any person disabled in any covered public safety position who
(1) completed the respective Virginia Beach public safety academy, applicable field
training and has been released to unsupervised duties in a LEO covered position and (2)
who takes municipal employment in a non-covered position with the same local
government shall retain the rights to the annual allowance in Virginia Code § 51.1-217
when they qualify for a service retirement. In addition, if said member retires with a
service retirement at 25 years or more the service retirements will be unreduced. [This
would also require an amendment to 51.1-138 or creation of a 51.1-138.1.]
b. If the local government chooses to find an alternate position and one is
available within the employee's medical restrictions, that would not result in a diminution
of salary or benefits, then in the case of law enforcement employees who have completed
the respective Virginia Beach public safety academy, applicable field training and has been
released to unsupervised duties in a LEO covered position and who accept an alternate
non-LEO position, upon service retirement from the same local government, the employee
would be eligible, upon request, to obtain a retired law-enforcement officers photo
identification card. [This provision would also require an amendment to §9.1-1000.]
Code provisions affected: § 51.1-156 Disability retirement; §51.1-138. Benefits, and §9.1-
000.
Councilman Diezel, Chair - Mayor's Committee on Pensions requested this item be pulled from the
Legislative Agenda and substituted with language from the recommendations of the Mayor's Committee
on Pensions. The Committee requested the Virginia Retirement System provide flexibility for the
Committee to explore options re employee retirement. Councilman Diezel, Chair, and Councilman Davis,
Vice Chair, will confer with the City Attorney re the language.
September 14, 2010
-21 -
C ITY MANAGER `S BRIEFING
2011 COMMUNITYLEGISLATIVEAGENDA
ITEM # 60248 (Continued)
9. SALES TAX CAPTURE FOR HOTEL DEVELOPMENT ADJACENT OR CONNECTED
TO THE CONVENTION CENTER
Patti Phillips
Department of Finance
Background Information:
A number of localities, starting with Roanoke in 1995, have received authority from the
General Assembly to capture a portion of the sales tax generated from a public facility such
as an auditorium, a coliseum, a convention center, or a conference center. In the 2009
General Assembly Session, the City of Virginia Beach was added to the list of localities
eligible for this sales tax capture.
The definition of "public facility" provided for the sales tax capture in Virginia Code § 58.1-
608.3 includes "any hotel which is attached to and is an integral part of such facility." The
City seeks a legislative clarification for a hotel that is both adjacent to a publicly owned
convention center and is the result of a public-private partnership between a municipality
and a private entity where the municipality contributes infrastructure, land or conference
space.
Additionally, the window of time for the issuance of bonds entitled to the sales tax capture
will close on July 1, 2012. The City seeks an extension of this window to July 1, 2015.
Request:
The City requests that the General Assembly amend § 58.1-608.3 to clarify the definition of
a"public facility" to include a hotel that is both adjacent to a publicly owned convention
center and is the result of a public-private partnership between a municipality and a
private entity where the municipality contributes infrastructure, land or conference space.
The City also requests extending the window of time for the issuance of bonds from July 1,
2012 to July 1, 2015.
See Appendix Item 9(page 28) for text of the requested legislative change.
September 14, 2010
-22-
C ITY MANAGER `S BRIEFING
2011 COMMUNITYLEGISLATIVEAGENDA
ITEM# 60248 (Continued)
10. POST LABOR DAY OPENING FOR SCHOOLS
Jim Ricketts
Department of Convention and Visitors Bureau
Background Information:
The total economic impact of the tourism industry in Virginia Beach for calendar year 2008 was $1.42
billion, stimulating 13,600 jobs. Starting schools in Virginia Beach and other localities in the
Commonwealth prior to Labor Day would have significant financial consequences in the long term.
Beginning schools prior to Labor Day would effectively reduce the available vacation time in August by
two weeks, which is prime family vacation time that cannot be replaced. If the Virginia Beach school
system begins before Labor Day and other localities follow our lead, it will have a negative effect on the
economic impact of the tourism industry. To a lesser extent, this will also have an impact on this industry
by affecting the labor pool available prior to Labor Day.
Request:
The General Assembly is requested to maintain the existing legislation concerning post
Labor Day opening of schools. This allows all schools to open after Labor Day except those
given exemptions by the State Board of Education.
Concerning fines and fees, the following two (2) items are identical to those in last year's Legislative
Agenda: Court Fines and Fees and Courthouse Maintenance Fees
11. COURT FINES AND FEES
James K. Spore
City Manager
Background:
On April 3, 2007, Virginia Beach City Council appointed a Blue Ribbon Tax, Fee and
Spending Task Force. It was created to identify alternative tax and fee funding sources and
spending policies and strategies; moreover it was divided into revenue and expenditure
committees.
On November 30, 2007, the Task Force presented revenue generating recommendations to
City Council. In the final report, they indicated a need to increase court fines and fees to
offset the cost of police officer court appearances and overtime associated with their
presence. 1 Presently, the fines and fees offset 100% of the courts' operating costs with an
additional 2% for all other additional costs. While the 2% can be applied toward the cost of
police officer presence, the offset is minimal.
1 Blue Ribbon Tax, Fee and Spending Task Force Report to Council, November 30, 2007, Sec. 7.4j, p. 19.
September 14, 2010
- 23 -
C ITY MANAGER `S BRIEFING
2011 COMMUNITYLEGISLATIi~EAGENDA
ITEM # 60248 (Continued)
11. COURT FINES AND FEES (Continued)
Request:
Request that the General Assembly adjust the maximum misdemeanor fine schedule
annually by the rate of inflation.
12. COURTHOUSE MAINTENANCE FEE
James K. Spore
City Manager
Background Information:
On April 3, 2007, Virginia Beach City Council appointed a Blue Ribbon Tax, Fee and
Spending Task Force. It was created to identify alternative tax and fee funding sources and
spending policies and strategies; moreover it was divided into revenue and expenditure
committees.
On November 30, 2007, the Task Force presented revenue generating recommendations to
City Council. In the final report, they indicated a need to increase the courthouse
maintenance fee biennially to keep pace with the cost of maintaining the City's
courthouse.2 Presently, the City of Virginia Beach's rate is $2/criminal or traffic case, and
the City's caseload is the highest in the state. The cost of maintaining this heavily used
facility is increasing.
Request:
In accordance with the Blue Ribbon Committee's suggestion, the City of Virginia Beach
requests the General Assembly allow localities to adjust the Courthouse Maintenance Fee
schedule to reflect a biennial increase based upon the rate of inflation. If the fee would
have been indexed against inflation five years ago, the City would have increased revenues
5.18% and generated an additional $89,352. The table data in the below indicate the
adjusted fee based upon the rate of inflation for the past five years.
September 14, 2010
-24-
C ITY MANAGER `S BRIEFING
2011 COMMUNITYLEGISLATIVEAGENDA
ITEM# 60248 (Continued)
Courthouse Maintenance Fees
Fiscal Actual Inflated Revenue Percent
Year CPI1 Inflation Fee Revenues Revenues Change Change
2010 Z 216.74 2.38% 2.33 $ 126,904 $ 147,892 $ 20,988 16.54%
2009 214.66 2.28 164,935 187,743 22,808 13.83%
2008 211.70 6.38% 2.28 152,422 173,500 21,078 13.83%
2007 204.14 2.14 149,636 160,111 10,475 7.00%
2006 199.0 6.93% 2.14 202,021 216,025 14,004 6.93%
2005 191.7 2.00 199, 620 199, 620 - 0.00%
2004 186.1 2.00 208,647 208,647 - 0.00%
Total $1,204,185 $1,293,537 $89,352 7.42%
1. Computed on a fisca l year basis. 2. represents unaud ited revenue fi gures.
Source: Virginia Beach Department of Management5ervices
2 Blue Ribbon Tax, Fee and Spending Task Force Report to Council, November 30, 2007,
Sec. 7.4a, p.16.
13. HISTORICAL PROPERTY TAX INCENTIVES
Virginia Beach Historic Preservation Commission
Background:
Stronger incentives are needed for homeowners whose properties are listed on the state's
historical register, officially known as The Virginia Landmarks Register, to voluntarily
maintain the historical character and integrity of their homes. Such incentives for voluntary
preservation are particularly critical in cities such as Virginia Beach in which historical
properties are not clustered together and therefore do not lend themselves to the creation
of historical districts in which preservation standards are typically maintained through
ordinances.
Current state laws allow municipalities to offer incentives in the way of historical tax
abatements on certain types of capital improvements. Virginia Beach has enacted such
ordinances over past years. However, the appeal of this program to qualifying private
homeowners has been very weak, as evidenced by the fact that none have yet sought to
participate.
September 14, 2010
-25-
C ITY MANAGER `S BRIEFING
2011 COMMUNITYLEGISLATIVEAGENDA
ITEM # 60248 (Continued)
13. HISTORICAL PROPERTY TAX INCENTIVES (Continued)
Request:
Request that the General Assembly add a new code section, modeled after Virginia Code §
58.1-3221.2 ("Energy Efficient Buildings), creating a separate classification of real property
for houses and other structures that are listed on The Virginia Landmarks Register. This
classification would allow the City or any other Virginia locality to affix a tax rate that is
either the same or less than the tax rate applicable to the general class of real property.
It is estimated in Virginia Beach that there are no more than 50 private properties in terms
of those which are either already on, or could qualify, for The Virginia Landmarks Register.
Therefore, the impact on our total tax revenues would be minimal. On the other hand, since
these are the only privately owned historical properties we have left in our City; the impact
upon our history could be very great.
14. EXPANSION OF THE VIRGINIA HUMAN RIGHTS ACT
Virginia Beach Human Rights Commission
Background Information:
The Virginia Human Rights Act (Va. Code §2.2-3900 et seq.) currently prohibits discrimination
based on race, color, religion, national origin, sex, pregnancy, childbirth or related medical
conditions, age, marital status, or disability. The City of Virginia Beach has prohibited the
aforementioned since 1994.
Request:
The City requests that the General Assembly amend the Virginia Human Rights Act to also
prohibit discrimination based on sexual orientation.
1S. PASSING BICYCLES
Councilmember Bill DeSteph
Background Information:
State law currently provides that a driver overtaking a bicycle shall pass at least two feet to the
left of the overtaken bicycle and not proceed to the right side of the highway until safely clear of
the overtaken bicycle. A nationwide movement on behalf of bicyclists has sought to broaden the
clearing distance to three feet, and such changes have been enacted in several other states. This
change would better protect the safety of both bicyclists and motorists.
Request: Change the passing distance from two feet to three feet. See Appendix Item 16 (page
33) for text of the requested legislative change.
September 14, 2010
-26-
C ITY MANAGER `S BRIEFING
2011 COMMUNITYLEGISLATIVEAGENDA
ITEM # 60248 (Continued)
City of Virginia Beach funding Items
CONTINUED FUNDING FOR BRAC EFFORT
James K. Spore
City Manager
Background Information:
Since January, 2007, the City of Virginia Beach and the Commonwealth of Virginia have
been partnering to address the concerns that were raised by the Base Realignment and
Closure (BRAC) Commission in 2005. This partnership has involved the cost sharing of $15
million annually to purchase properties in the APZ-1 and Clear Zone areas around Naval Air
Station (NAS) Oceana and in the Interfacility Traffic Area (ITA) between Oceana and the
Naval Auxiliary Landing Field Fentress. The City has established a policy of spending $7.5
million per year in perpetuity to comply with the BRAC Order, with the expectation that the
Commonwealth will provide matching funds for expenses associated with the acquisition of
land in the APZ-1 and Clear Zone areas around Oceana and in the ITA. For FY 2010-11, the
City has received a grant for $7.5 million from the Virginia National Defense Industrial
Authority through its Military Strategic Response Fund (MSRF) appropriations; however,
no funding has been made available through the MSRF for FY 2011-12.
The City plans to continue its policy of spending $7.5-Million each year and requests that
the General Assembly provide a matching amount for FY 2011-12.
Request:
Request that the General Assembly provide funds through the Military Strategic Response
Fund in FY 2011-12 to the City of Virginia Beach to meet the requirements of the BRAC
Compliance Plan. Providing these funds will reinforce our message to the U.S. Navy that the
Commonwealth and City of Virginia Beach are still dedicated to preserving Naval Air
Station Oceana.
Mayor Sessoms requested re the Funding for BRAC Effort, all Members of City Council sign
correspondence to the Speaker of the House stating the importance of this funding not just for Hampton
Roads, but the Commonwealth of Virginia.
Mr. Matthias referenced the Oceana Land Use Conformity Committee Report for the past Fiscal Year.
The Third Progress Report for the Oceana Encroachment Reduction Program is just about "ready for
printing ". Mr. Matthias suggested this be utilized as an opportunity to transmit the report to the
Governor and request funding.
September 14, 2010
-27-
C ITY MANAGER `S BRIEFING
2011 COMMUNITY LEGISLATIVE AGENDA
ITEM # 60248 (Continued)
Councilman Davis, Vice-Chair - Mayor's Committee on Pensions, requested an addition to the
Legislative Agenda, which was also ADDED last year.•
REQUEST that State Legislation provide localities a choice between
providing new employees "Defined Benefit Retirement P[an" or a
"Defined Contribution P[an ".
Councilman Diezel has an issue re this addition.
Mr. Matthias advised Disability Retirement is almost impossible with a Defined Contribution Plan.
At this time, the Joint Meeting of the City Council, Virginia Beach School Board and General Assembly
Delegation is not planned. Mayor Sessoms suggested the three entities dedicate an together sitting
around the table to discuss pertinent issues and then enjoy a social time.
September 14, 2010
-28-
C ITY COUNCIL LIAISON
4: 52 P.M.
ITEM # 60249
Mayor Sessoms advised he has APPOINTED Council Lady Rosemary Wilson and Councilman Glenn
Davis as Liaisons to the Virginia Beach Roundtable.
ITEM # 60250
OPEN SPACE ADVISORY COMMITTEE
Council Lady Henley, Liaison - Open Space Advisory Committee, referenced the Committee Report
contained in City Council's Agenda Package approximately two (2) weeks ago, particularly calling
attention to the funding stream with the potential of Indigo Dunes. City Council might wish to revisit
direction for some of the properties.
ITEM # 60251
BIKEWAYS AND TRAILS ADVISORY COMMITTEE
Council Lady Henley, Liaison - Bikeways and Trials Advisory Committee, attended the meeting
yesterday, September 13, 2010. An Extensive Briefing is scheduled for the City Council Session of
September 21, 2010. Council Lady Henley does not believe this Plan will be presented for ADOPTION
until the First of the year.
September 14, 2010
-29-
C ITY COUNCIL COMMENTS
4:57P.M.
ITEM # 60252
Councilman Wood distributed a Resolution for City Council to review and schedule for the next City
Council Session. Councilman Wood spoke with the Ciry Auditor. The Ciry Council has the abiliry to
direct certain audits outside of the standard audit p[an (which has been accomplished)
Resolution DIRECTING the City Auditor to Conduct an Audit of the
City of Virginia Beach Procurement Card Program
A GENDA RE VIE W SESSION
September 14, 2010
-30-
A GENDA R E VIE W SESSION
4: SS P.M.
ITEM # 60253
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
J. ORDINANCES/RESOL UTION
1. Ordinances to AMEND the City Code:
a. ~~18-64 and 18-85 re License Taxes on establishments that provide Transient
Lodging
b. ~18-32 re Permit Fees for Precious Metals Dealers
2. Ordinances to ACCEPT and APPROPRIATE Grant funds:
b. $31,135 from the U.S. Department of Homeland Security via the Virginia
Department of Emergency Management to continue the Citizen Corps Council
(CCC) and Community Emergency Response Team (CERT) programs
c. $16, 250 from Z~S Department of Homeland Security to Fire re
equipment for the Hazardous Materials Team (HAZMAT)
d. $SS, I50 from the i~irginia Division of Motor Vehicles (DMV) with a City
match to Police of $11, 030 re DUI Enforcement
e. $65, 980 from the Virginia Division of Motor Vehicles (DMV) with a Ciry
match to Police of $13,196 re Seat Belt Enforcement
3. Resolution to REFER to the Planning Commission AMENDMENTS to the City
Zoning Ordinance (CZO) re Environmental Education Centers in the P-1
(Preservation) District
September 14, 2010
-31 -
A GENDA RE VIE W SESSION
ITEM # 60254
BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA:
L. PLANNING
3. Application ofAMERIGROUP CORPORATION for a Conditional Use Permit re
a cafe and deli at 4433 Corporation Lane (DISTRICT 4- BAYSIDE)
4. Application of CITY OF VIRGINIA BEACH to AMEND Section 501 of the City
Zoning Ordinance (CZO) re outdoor recreational and amusementfacilities in
Residential Districts
September 14, 2010
-32-
ITEM # 60255
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 o~cers, 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: Princess Anne District
Upon motion by Councilman Uhrin, seconded by Councilman Dyer, Ciry Council voted to proceed
into CLOSED SESSION at 4: 57 P.M.
Voting.• 10-0
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 and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson Participating in the Hampton Roads Chamber of Commerce 's
"World Expo 2010 Shanghai, China ", departing September 14,
and returning September 22, 2010.
[Closed Session: 4: 57 P.M. - 5:25 P.M.J
~Break: 4: 58 P.M. - 5:10 P.M.J
September 14, 2010
-33-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
September 14, 2010
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, September 14, 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 and
James L. Wood
Council Members Absent:
Rosemary Wilson Participating in the Hampton Roads Chamber of Commerce's
"World Expo 2010 Shanghai, China ", departing
September 14, and returning September 22, 2010
INVOCATION: Reverend Irvin W. Knight, Sr.
Pastor, Retired
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
Reulry, which is an a~liate 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 identifres 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 o~cial records of Ciry Council. Mayor Sessoms' letter of
March 24, 2009, is hereby made a part of the record.
September 14, 2010
-34-
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 o~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.
September 14, 2010
-35-
Item V-E.1
CERTIFICATION
ITEM # 60256
Upon motion by Councilman DeSteph, seconded by Councilman Dyer, 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 identifred in the motion
convening the Closed Session were heard, discussed or considered
by Virginia Beach City Council.
Voting.• 10-0
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 and
James L. Wood
sCouncil Members Voting Nay.•
None
Council Members Absent:
Rosemary Wilson
September 14, 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 #60255, Page 32, and in accordance wrth the provisions of The Virginia
Freedom of Informadon 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 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.
th Hodges Fraser, MMC
City Clerk
September 14, 2010
-36-
Item V-F.
CERTIFICATION
ITEM # 60257
Upon motion by Councilman Dyer, seconded by Councilman DeSteph, City Council APPROVED the
MINUTES of the INFORMAL and FORMAL SESSIONS of August 24, 2010.
Voting: 10-0
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 and
James L. Wood
Council Members Voting Nay.•
None
Council Members Absent:
Rosemary Wilson
September 14, 2010
-37-
Item V-G.1.
ADOPT AGENDA
FOR FORMAL SESSION ITEM # 60258
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
September 14, 2010
-38-
Item V-H.1.
PUBLIC HEARING
ITEM # 60259
Mayor Sessoms DECLARED A PUBLIC HEARING:
FY 2010-2011 CAPITAL B UDGET AMENDMENT
Norfolk Southern right-of-way acquisition
The speakers registered re:
J.2. Ordinances to ACCEPT and APPROPRIATE Grant funds:
a. ~20, 000, 000 from the Commonwealth of Virginia and ~S, 000, 000 from the
General Fund Balance re Norfolk Southern Railway right-of-way acquisition
The following registered to speak in SUPPORT.•
John Herzke, 2405 Fenwich Way, Phone: 374-5256, Retired Ciry Engineer for the City of Virginia Beach.
Mr. Herzke stated he has been involved in many of the prior studies and evaluations for the past twenty-
five (25) years re this proposed light rail project. This project was initially examined back in the early
1980's by the Tidewater Regional Transit, forerunner to HRT (Hampton Roads Transit). This light rail
proposal is a vital and appropriate addition to the Region's transportation needs, not only of Virginia
Beach, but Norfolk and all of Hampton Roads. Roadways, alone, will not suffice for the future
transportation needs. Mr. Herzke emphasized this project must be done correctly.
Carolyn McPherson, Executive Director - Light Rail Now, Inc., 2700 Royster Court, Phone: 377-1850.
Light Rail Now is a non profit organization, whose objective is to educate and advocate for Light
Rail in Virginia Beach. There are over forry (40) members on the Board of Directors, who represent
citizens and organizations in the Community. Light Rail Now commends the members of City Council for
moving forward with the purchase of the Norfolk Southern Railway right-of-way.
Henry Ryto, 408 Jasper Court, Phone: 687-8585, advised the busiest bus route in Hampton Roads is HRT
Route 20, which runs from the Cedar Grove Transfer Center, Norfolk, to our Oceanfront. Route 20
carries 1.1-MILLION passengers annually. The weakness with Route 20 is getting caught in the "stop
and go " tra~c on the Boulevard. During Rush Hour, HRT has difficulty keeping on schedule. The
longer term solution for relieving Route 20 is mass transit down the Norfolk Southern right-of-way,
bypassing Virginia Beach Boulevard's problems. Obviously purchase of the right-of-way is a
prerequisite.
Mike Barrett, 212 72nd Street, Phone: 422-1568, representing Virginia Beach Vision considers CIZ15
decision a Historic occasion. It is a very important to retain this right-of-way under public control.
Virginia Beach Vision previously forwarded a Concept Paper that outlines their support of light rail and
the purchase of their right-of-way.
Chris Malendoski, 526 Boissevain Avenue, Norfolk, Phone: 685-3528, advised all desire mobiliry and
connectiviry. This light rail is a chance for connectivity in a major way. Mr. Malendoski urged a bus line
not be installed as a connection. Citizens desire a"one stop shop ", from Downtown to the Oceanfront.
September 14, 2010
-39-
Item V-H.1.
PUBLIC HEARING ITEM # 60259 (Continued)
Bobby Wright, 111 52"d Street, Phone: 472-9393, resident of Virginia Beach, referenced the historic
vote at the TPO (Transportation Planning Organization), enhance Amtrak on the Peninsula and have
high speed to Norfolk to service the Region. Our region came together with great cause. Two weeks ago,
Mr. Wright was in Washington, D.C. and met with Karen Ray, the Deputy Administrator for the Federal
Department of Rail, who advised they are watching Hampton Roads re positive actions. High speed rail
is a competition and the City is competing for Federal dollars.
Steven Zeligman, representing Tidewater Bicycle Association, 1633 Waff Road, Phone: 285-9085,
advised there are too many cars and too few roads, There is not that much room to build anything new.
This corridor with Light Rail provides an option: and, additionally, there is a multi use trail along side
for recreational opportunities.
Robbyn Gayer, 3829 Wake Circle, Norfolk, Phone: 406-6487, stated "the City Council are Visionaries ".
The following registered in OPPOSITION:
Paul Davis, Retired Master Chief, 3937 Sherman Oaks Avenue, Phone: 672-3832, Member of Tc~payer's
Alliance - 912 Group of Virginia Beach and the Hampton Roads Tea Party Group,
Sarah Rhodes, 1133 Carver Avenue, Phone: 201- 5836, personally supports mass transit; however, HRT
is not currently taking care of users. There are few shelters for daily users. HRT is lobbying to
massive Light Rail centers and room for parking.
Wally Erb, I SO Cayuga Road, Phone: 481-4287, expressed concern re property continually being
acquired prior to the completion of the Federal required study and the approval of the citizens. ~40-
Million of tcrzpayers' funds are being committed. This is an "over appraised" abandoned railway to
nowhere. The data from Dominion Power, and its leasing, were not available for the appraisal nor the
Hampton Roads Transit review. The appraisal is wrong and needs to be reviewed.
Helen Ranicar, represented Seniors, 913 virginia Beach Boulevard, and advised it still takes her twenry-
five (25) minutes to drive to Portsmouth on the Interstate or Virginia Beach Boulevard. Mrs. Ranicar
urged a Referendum on this issue.
Richard Kowalewitch, advised this is not the City Council's funds but the public's. The public should
have the vote.
E. George Minns, President - Seatack Community Civic League and Member - virginia Beach Light Rail
Study Committee, 236 Shipps Lane, Phone: 575-8109. The Light Rail Study Committee was supposed to
have four (4) meetings and only two (2) have been conducted thus far. This is a rail to nowhere. The
train track currently stops at Birdneck Road.. City Council already has Governmental control of the
future of light rail. The residents of Seatack are opposed to spending $40-Million without the public's
vote.
September 14, 2010
-40-
Item V-H.1.
PUBLIC HEARING ITEM # 60259 (Continued
Robert K. Dean, Virginia Beach Taxpayer's Alliance, 1204 Shawn Drive, Phone: 427-6606, advised he
first began studying the prospect of bringing the subject of Light Rail to Virginia Beach in December
1988, when Douglas and Douglas prepared a study for the Tidewater Transportation District. In April
1999, a S00 page DRAFT Environmental Impact Statement was released with drawings and site plans.
These studies were utilized by the Citizens Action Coalition to inform the public re the Light Rail
proposal. The public took that knowledge to the polls in 1999 and DEFEATED the Referendum proposal
to fund any additional studies or acquisitions. The public clearly stated they did not want Light Rail.
John Fenter, 909 West Ferry Plantation Road, Phone: 497-8052, completed Robert K. Dean's statement.
Mr. Fenter requested the City Council share with the taxpayers the knowledge of the projected costs. Mr.
Fenter inguired "Why the Rush? " The City Council has the power to declare Eminent Domain.
There being no further speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
September 14, 2010
-41 -
Item V-J.
ORDINANCES/RESOL UTIONS ITEM # 60260
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE
MOTION Items 1 a/b, 2 b/c/d/e and 3 of the CONSENT AGENDA.
Voting: 10-0
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 and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
September 14, 2010
- 42 -
Item V-J. la/b
ORDINANCES/RESOL UTIONS ITEM # 60261
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Ordinances to AMEND the City Code:
a. ~~18-64 and 18-85 re License Taxes on establishments
that provide Transient Lodging
b. ~18-32 re Permit Fees for Precious Metals Dealers
Voting.• 10-0 (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 and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
September 14, 2010
1 AN ORDINANCE TO AMEND SECTIONS 18-
2 64 AND 18-85 OF THE CITY CODE
3 PERTAINING TO LICENSE TAXES ON
4 ESTABLISHMENTS OFFERING LODGING
5 TO TRANSIENTS
6
7 SECTIONS AMENDED: §§ 18-64 & 18-85
8
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA:
11
12 1. That Section 18-64 and 18-85 of the Code of the City of Virginia Beach, Virginia,
13 is hereby amended and reordained to read as follows:
14
15 Sec. 18-64. Boardinghouses, lodging houses and tourist homes.
16 The license tax rate for every person engaged in keeping a boardinghouse, lodging
17 house, bed and breakfast, campground or tourist home, where the total number of
18 rooms available for boarders or lodgers is five (5) or less shall be 0.36 percent of the
19 gross receipts. Where the total number of rooms available for boarders or lodgers is
20 over five (5), such person shall pay the license tax required of hotels and other like
21 establishments under section 18-85.
22
23 ....
24
25 Sec. 18-85. Hotels, motels, motor lodges, etc.
26
27 The license tax rate for every person conducting the business of keeping a hotel,
28 motel, motor lodge, auto court, campqround, bed and breakfast or tourist camp shall be
29 0.36 percent of the gross receipts during the preceding calendar year, except receipts
30 from telephone service and except rent from stores and offices.
31
32 2. This ordinance is declaratory of existing law.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 14tn
day of September, 2010.
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AN ORDINANCE TO AMEND SECTION 18-32
OF THE CITY CODE PERTAINING TO THE
PERMIT FEE FOR PRECIOUS METAL
DEALERS
SECTION AMENDED: § 18-32
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 18-32 of the Code of the City of Virginia Beach, Virginia, is hereby
amended and reordained to read as follows:
Sec. 18-32. Permit required.
(a) No person shall engage in the activities of a dealer as defined in section
18-76.1, pawnbroker, junk dealer, or secondhand dealer without first obtaining a permit
from the chief of police.
(b) To obtain a permit, the applicant shall file with the chief of police an
application form which includes the applicant's full name, any aliases, address, age,
date of birth, sex, and fingerprints; the name, address, and telephone number of the
applicant's employer, if any; and the location of the applicant's place of business. Upon
filing this application and the payment of the permit fee set forth in subsection (g) of this
section, the applicant shall be issued a permit by the chief of police or his or her
designee, provided that the applicant has not been convicted of a felony or crime of
moral turpitude within seven (7) years prior to the date of application. Further, the permit
shall be denied if the applicant has been denied a permit or has had a permit revoked
under any statute or ordinance similar in substance to the provisions of this section, and
may be denied if the applicant has been a principal or associate in any partnership,
corporation or other business enterprise which has been subject to civil or criminal
penalty or any order to cease doing business issued by a federal, state, or local
governmental law enforcement or consumer protection agency.
(c) The chief of police, prior to issuance or renewal of a permit, shall
determine that the applicant intends to conduct business at a fixed and permanent
location, and shall require proof of ownership of the proposed business premises by the
applicant or the applicant's employer, or evidence of a valid lease of such premises held
by the applicant or the applicant's employer of no less duration than the term of the
license. Conduct of business from a hotel, motel, temporary lodging unit or similar
location shall not satisfy the requirements of this section.
(d) No more than sixty (60) days prior to issuance of the permit required by
this section, the applicant must have any weighing devices used in the business
inspected and approved by local or state weights and measures officials and present
written evidence of such approval to the chief of police or his or her designee.
47 (e) This permit shall be valid until the end of the current business license year
48 and may be renewed in the same manner as such permit was initially obtained upon
49 payment of an annual permit fee. No permit shall be transferable.
50
51 (fl If the business of the applicant is not operated without interruption, with
52 Saturdays, Sundays and recognized holidays excepted, the applicant shall notify the
53 chief of police of all closings and reopenings of such business. The business of a
54 applicant shall be conducted only from the fixed and permanent location specified in the
55 application for a permit.
56
57 (g) The initial and annual permit fee shall be ~we three hundred dollars
58 ($~A:A8300) for a dealer as defined in section 18-76.1, and twenty-five dollars ($25~9)
59 for a pawnbroker, junk dealer or secondhand dealer; provided, however, that if an
60 applicant applies for an initial or renewal permit as a dealer of precious metals and
61 gems at the same time as the applicant applies for an initial or renewal permit as a junk
62 dealer or secondhand dealer, the applicant need only pay the ~we three hundred dollar
63 ($~A-9A300) permit fee. If the chief of police refuses to issue such permit, the applicant
64 shall be notified, in writing, of the reasons for the refusal and the applicant may appeal
65 such refusal to the city council within thirty (30) days from the date of such notice.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 14tn
day of September, 2010.
- 43 -
Item i~ J. 2.a.
ORDINANCES/RESOL UTIONS ITEM # 60262
Upon motion by Councilman Uhrin, seconded by Councilman Wood, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE Grant funds:
a. $20, 000, 000 from the Commonwealth of Virginia and $S, 000, 000 from the
General Fund Balance re Norfolk Southern Railway right-of-way acquisition
Voting.• 10-0 (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 and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
Mayor Sessoms expressed appreciation and recognized the following for providing dedicated assistance:
Governor Robert F. McDonnell
Governor's Chief Deputy Martin Kent
Sean Connaughton, Secretary of Transportation
Thelma Drake, Director of Rail and Public Transportation
Aubrey Layne, Member - Commonwealth's Transportation Board
Ciry Attorney Mark Stiles
Deputy City Attorney Becky Kubin
Ciry Manager James K Spore
September 14, 2010
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AN ORDINANCE TO ACCEPT A GRANT FROM THE
COMMONWEALTH OF VIRGINIA AND TO
APPROPRIATE THE GRANT AND GENERAL FUND
FUND BALANCE TO CIP PROJECT 2-301, NORFOLK
SOUTHERN RIGHT-OF-WAY ACQUISITION
WHEREAS, on September 4, 2009, the City of Virginia Beach entered into an
agreement with Norfolk Southern Railroad Company ("Norfolk Southern") to purchase
its railroad line from Newtown Road to Birdneck Road in Virginia Beach (the "Rail Line");
WHEREAS, the purchase of the Rail Line, valued at a total of $40,000,000, is to
be funded as follows: $10,000,000 initial funding from the City, $5,000,000 additional
funding from the City if Virginia Beach opts to purchase a reserved easement
("Reserved Easement") over the rail line, $20,000,000 from the Cornmonwealth, and
$5,000,000 from Hampton Roads Transit ("HRT");
WHEREAS, the City has an option until December 29, 2012, (the "Option") to
purchase the Reserved Easement;
WHEREAS, the Commonwealth is funding its $20,000,000 contribution thr~ugh a
Transportation Partnership Opportunity Fund ("TPOF") Grant, which must be accepted
by City Council and appropriated to CIP project 2-301 for the acquisition of the Norfolk
Southern Rail Line;
WHEREAS, the TPOF Grant is structured as a 50% rnatching grant, where the
grant will be available to pay only up to 50% of the total purchase price of the Rail Line;
WHEREAS, the City must exercise the Option to purchase the Reserved
Easement now in order to receive the entire $20,000,000 grant, and if the City does not
exercise the Option now, the TPOF Grant will be $17,500,000 now and an additional
$2,500,000 when the Option is exercised; and
WHEREAS, the City Council desires to exercise the Option in order to receive
the entire $20,000,000 TPOF Grant in time for closing on the acquisition of the Rail
Line.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. That City Council hereby accepts a$20,000,000 Virginia Transportation
Partnership Opportunity Fund Grant and appropriates the grant and
$5,000,000 of General Fund Fund Balance to CIP project 2-301, Norfolk
Southern Right-of-Way Acquisition, for the acquisition of the Norfolk Southern
Rail Line, with revenue from the Commonwealth being increased accordingly.
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2. That the City Council hereby authorizes the City Manager to enter into a grant
agreement with the Commonwealth in accordance with the Summary of Grant
Terms attached hereto as Exhibit A and incorporated herein, and such other
terms and conditions deemed necessary and sufficient by the City Manager
and in a form deemed satisfactory by the City Attorney.
3. That City Council hereby approves the exercise of the option to complete the
acquisition of the Norfolk Southern Rail Line and authorizes the City Manager
to execute any documents necessary to exercise the Option and acquire the
Reserved Utility Easement from NorFolk Southern in accordance with the
Summary of Option Terms attached hereto as Exhibit B and incorporated
herein, and such other terms and conditions deemed necessary and sufficient
by the City Manager and in a form deemed satisfactory by the City Attorney.
Adopted by the Council of the City of Virginia Beach, Virginia on the 1 4th day
of September _, 2010.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT
~ ~ ~.i _
Management Services '
APPROVED AS TO LEGAL SUFFICIENCY
~
City A rney's Office
CA11644
R-3
9/2/10
EXHIBIT A
SUMMARY OF GRANT TERMS
Parties:
The City of Virginia Beach and the Virginia Department of Transportation, an agency of the
Commonwealth of Virginia
Terms of Aqreement:
1. Pavment of Funds:
• $17,500,000 will be paid to Virginia Beach solely for the purchase of the Norfolk
Southern Right of Way.
•$2,500,000 will be paid to the City upon the City's exercise of the Option for the
purchase of the Reserved Utility Easement and assignment of the VEPCO lease.
2. Purpose of Grant:
• Grant proceeds shall be used for the sole purpose of funding 50% of the cost of
acquiring the Norfolk Southern Right of Way and exercising the Option.
• Commonwealth is making the grant to fulfill the provisions of Chapter 130 of the
2010 Acts of Assembly, which requires "expansion of the Norfolk Light Rail
system." (the "Project")
3. Potential Repavment Oblipation:
• To avoid repayment of the Grant funds, the City agrees to:
o Purchase the Right of Way by 9/1/2011
o Refrain from any activity that would prevent the rail corridor from being
used for the expansion of the Norfolk Light Rail system indefinitely
o Use its best efforts to pursue expansion of light rail indefinitely.
• Failure to comply with these terms will require the repayment of the Grant to the
Commonwealth.
4. Lease Revenues from acquirinq Easement with Exercise of Option. The City must utilize
the Lease Revenues for the acquisition (other than the Norfolk Southern Right of Way),
design, planning, construction, operation or maintenance of the Project or for other
transportation projects or programs in Virginia Beach.
Other Terms:
• Full and detailed accounts and records shall be maintained, as appropriate.
• The Right of Way shall remain public property following completion.
• Any of the transportation improvements completed with the TPOF funds shall be
accomplished using VDOT standards and specifications, Federal Transit
Administration requirements and all other state and federal requirements
associated with transit projects.
EXHIBIT B
SUMMARY OF OPTION TERMS
Parties:
The City of Virginia Beach ("City"), Nortolk Southern Railway Company ("Norfolk Southern")
(Lessor) and Dominion Virginia Power ("VEPCO") (Lessee)
Terms of Apreement:
1. Option: City has the exclusive option to purchase the Reserved Utility Easement and ail
rights thereto, and, as part of that purchase, agreed to have the City assume Nortolk
Southern's interest in the VEPCO Lease insofar as it pertains to the Norfolk Southern
Right of Way and all rights and obligations of Norfolk Southern thereto.
2. Date of Exercise: Option will be exercised on or before the Closing Date for the Norfolk
Southern Right of Way.
3. Purchase Price: $5,000,000
4. Option Closing Document: Will take place pursuant to a three-pa~ty Partial Assignment
and Third Supplemental Indenture that details the responsibilities of said three parties as
it pertains to the VEPCO Lease.
5. Portion of Line to be retained: Norfolk Southern will retain a portion of the Leased
Premises on an unrelated line to Little Creek. Virginia Beach will assume the VEPCO
lease for all of the leased area within the rail line from Newtown Road to Birdneck Road.
6. Annual Rents Virginia Beach will receive: $97,630/year through the term of the VEPCO
Lease, which expires in 2029.
The rents set forth above are a portion of the total rents due under the VEPCO lease.
The City's portion of the rents pertain to the portion of the lease located within the Norfolk
Southern right-of-way to be acquired (befinreen approximately Newtown Rd. and Birdneck
Road in Virginia Beach). The original lease provided for annual rents in the amount of
$130,000. The City of Norfolk assumed a portion of the lease when it acquired the rail
line in that city. The total rent payments will be paid as follows:
Total rent from VEPCO: $ 130,000
To City of Norfolk: ($ 18,850)
To Virginia Beach ($ 97,630)
To Norfolk Southern ($ 13,520)
--0--
\\vbgov.com\dfs 1lapplicationslcitylawprod\cycom32\wpdocs\d001 \p007\00069706.doc
2
-44-
Item V-J.2.b.
ORDINANCES/RESOL UTIONS ITEM # 60263
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Ordinance to ACCEPT and APPROPRIATE Grant funds:
b. $31,135 from the U.S. Department of Homeland Security via the Virginia
Department of Emergency Management to continue the Citizen Corps Council
(CCC) and Community Emergency Response Team (CERT) programs
Voting: 10-0 (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 and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent.~
Rosemary Wilson
September 14, 2010
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AN ORDINANCE TO ACCEPT AND APPROPRIATE
FUNDS FROM THE UNITED STATES DEPARTMENT
OF HOMELAND SECURITY TO THE FY 2010-11
OPERATING BUDGET OF THE FIRE DEPARTMENT
TO CONTINUE THE CITIZEN CORPS COUNCIL AND
COMMUNITY EMERGENCY RESPONSE TEAM
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That grant funds in the amount of $31,135 are hereby accepted from the United
States Department of Homeland Security through the Virginia Department of
Emergency Management and appropriated, with estimated federal revenues increased
accordingly, to the FY 2010-11 Operating Budget of the Fire Department to continue the
Citizen Corps Council and Community Emergency Response Team.
Adopted by the Council of the City of Virginia Beach, Virginia on the 1 4th day
of September , 2010.
Requires an affirmative vote by a majority of all of the members of City Council.
Approved as to Content
i' " /
L`~~
anage nt rvices
Approved as to Legal Sufficiency
J
rney's Office
CA11601
R-2
September 2, 2010
- 45 -
Item i~ J.2.c.
ORDINANCES/RESOL UTIONS ITEM # 60264
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Ordinance to ACCEPT and APPROPRIATE Grant funds:
c. $16, 250 from US Department of Homeland Security to Fire re equipment for the
Hazardous Materials Team (HAZMAT)
Voting: 10-0 (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 and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
September 14, 2010
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 GRANT FUNDS FROM THE UNITED STATES
3 DEPARTMENT OF HOMELAND SECURITY TO THE
4 FY 2010-11 OPERATING BUDGET OF THE FIRE
5 DEPARTMENT FOR HAZ-MAT TEAM TRAINING,
6 EXERCISE, AND EQUIPMENT
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA THAT:
10
11 1) $16,250 is hereby accepted from the United States Department of
12 Homeland Security and appropriated, with estimated federal revenues increased
13 accordingly, to the FY 2010-11 Operating Budget of the Fire Department to purchase
14 equipment to improve the Virginia Beach Fire Department's Hazardous Materials
15 Team's ability to mitigate hazardous materials incidents.
16
Adopted by the Council of the City of Virginia Beach, Virginia on the 1 4th day
of September ,2010.
Requires an affirmative vote by a majority of al/ of the members of City Council.
Approved as to Content
anage ent ~ervices
Approved as to Legal Sufficiency
ey's Office
CA11602
R-2
September 2, 2010
-46-
Item i~ J.2.c~
ORDINANCES/RESOL UTIONS ITEM # 60265
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Ordinance to ACCEPT and APPROPRIATE Grant funds:
d. $55,1 SO from the Virginia Division of Motor Vehicles (DMV) with a City match to
Police of $11, 030 re DUI Enforcement
Voting: 10-0 (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 and
James L. Wood
Council Members voting Nay:
None
Council Members Absent:
Rosemary Wilson
September 14, 2010
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 GRANT FUNDS AND TO TRANSFER FUNDS
3 WITHIN THE POLICE DEPARTMENT FOR THE
4 ENFORCEMENT OF DUI LAWS
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BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, THAT:
1. $55,150 is hereby accepted from the Virginia Department of Motor Vehicles
and appropriated, with estimated state revenue increased accordingly, to the FY 2010-11
Operating Budget of the Police Department for enhanced enforcement of DUI laws; and
2. $11,030 is hereby transferred within the FY 2010-11 Operating Budget of th
Police Department for the required match.
Adopted by the Council of the City of Virginia Beach, Virginia on the ~,-,, day
of September 2010.
Requires an affirmative vote by a majority of all of the members of City Council.
Approved as to Content:
r ~
M nagemen S ices
Approved as to Legal Sufficiency:
J
i A y's Office
CA11603
R-2
September 2, 2010
-47-
Item V-J.2. e.
ORDINANCES/RESOL UTIONS ITEM # 60266
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Ordinance to ACCEPT and APPROPRIATE Grant funds:
e. 65, 980 from the Virginia Division of Motor vehicles (DMV) with a City
match to Police of $13,196 re Seat Belt Enforcement
Voting.• 10-0 (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 and
James L. Wood
Council Members voting Nay:
None
Council Members Absent:
Rosemary Wilson
September 14, 2010
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 GRANT FUNDS AND TO TRANSFER FUNDS
3 WITHIN THE POLICE DEPARTMENT FOR THE
4 ENFORCEMENT OF SEAT BELT LAWS
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA, THAT:
7 1. $65,980 is hereby accepted from the Virginia Department of Motor Vehicles
8 and appropriated, with estimated state revenue increased accordingly, to the FY 2010-11
9 Operating Budget of the Police Department for enhanced enforcement of seat belt laws;
10 and
11
12 2. $13,196 is hereby transferred within the FY 2010-11 Operating Budget of the
13 Police Department for the required match.
Adopted by the Council of the City of Virginia Beach, Virginia on the 1 4th day
of September 2010.
Requires an a~rmative vote by a majority of all of the members of City Council.
Approved as to Content:
~
~ ~ `-,~'~~~
anage ent ervices
Approved as to Legal Sufficiency:
ey s Office
CA11604
R-2
September 2, 2010
-48-
Item V-J.3.
ORDINANCES/RESOL UTIONS ITEM # 60267
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Resolution to REFER to the Planning Commission AMENDMENTS to
the City Zoning Ordinance (CZO) re Environmental Education Centers
in the P-1 (Preservation) District
Voting: 10-0 (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 and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
September 14, 2010
1 A RESOLUTION REFERRING TO THE PLANNING
2 COMMISSION, FOR ITS CONSIDERATION AND
3 RECOMMENDATION, AN ORDINANCE PERTAINING TO
4 ENVIRONMENTAL EDUCATION CENTERS IN THE P-1
5 PRESERVATION DISTRICT
6
7
8 WHEREAS, the public necessity, convenience, general welfare and good zoning
9 practice so require;
10
11 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
12 VIRGINIA:
13
14 That there is hereby referred to the Planning Commission, for its consideration
15 and recommendation, an ordinance entitled "AN ORDINANCE TO AMEND SECTION
16 111 AND SECTION 301 OF THE CITY ZONING ORDINANCE, DEFINING THE TERM
17 "ENVIRONMENTAL EDUCATION CENTER" AND ALLOWING THE USE AS A
18 CONDITIONAL USE IN THE P-1 PRESERVATION DISTRICT, AND ADDING A NEW
19 SECTION 233.1.1, ESTABLISHING STANDARDS PERTAINING TO SUCH USE," a true
20 copy of which ordinance is hereto attached.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the _ 14tn
day of September, 2010.
1
~ AN ORDINANCE TO AMEND SECTION 111 AND
2 SECTION 301 OF THE CITY ZONING ORDINANCE,
3 DEFINING THE TERM "ENVIRONMENTAL EDUCATION
4 CENTER" AND ALLOWING THE USE AS A CONDITIONAL
5 USE IN THE P-1 PRESERVATION DISTRICT, AND
g ADDING A NEW SECTION 233.1.1, ESTABLISHING
7 STANDARDS PERTAINING TO SUCH USE
g Sections Amended: City Zoning Ordinance Sections 111
g and 301
10 Section Added: City Zoning Ordinance Section 233.1.1
11 WHEREAS, the public necessity, convenience, general welfare and good zoning
12 practice so require;
13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
14 BEACH, VIRGINIA:
15
16 That Sections 111 and 301 of the City Zoning Ordinance are hereby amended
1..7 and reordained, and a new .Section 233.1.1 is added, to read as follows:
18
19 Sec.111. Definitions. _
20
21 For the purpose of this ordinance, words used in the present tense shall include
22 the future; words used in the singular number include the plural and the plural the
23 singular; the use of any gender shall be applicable to all genders; the word "shall" is
24 mandatory; the word "may" is permissive; the word "land" includes only the area
25 described as being above mean sea level; and the word "person" includes an individual,
26 a partnership, association, or corporation.
27
28 In addition, the following terms shall be defined as herein indicated:
29 ....
30 Environmenta/ education center A facilitv havinq the primarv purpose of
31 educatinq visitors on the nearbv natural environment throuah the use of informative
32 displavs exhibits outdoor activities and similar means.
33 ....
34
COMMENT
35 The amendment defines the term "environmental education center." The specific
36 provisions regulating the use are set forth in the following sections.
37 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE
38 TO ALL DISTRICTS
39 ....
40 C. CONDITIONAL USES AND STRUCTURES
41 ....
42 Sec. 233.1.1. Environmental education centers.
43 Environmental education centers operated bv a nonqovernmental entitv shall be
44 allowed onl as a conditional use in the P-1 Preservation District and in addition to
45 general requirements shall be subiect to the followinq provisions:
46 ja) Environmental education centers may include offices of the entitv
47 operatinq the center and of other nonprofit entities havinQ similar purposes, classrooms,
48 shelters outdoor exhibits noncommercial piers kavak/canoe launches and storage
49 facilities and similar uses consistent with the purpose of the center.
50 (b) On site parkinq shall be required in accordance with the conditional use
51 permit authorizinq the center~ provided that unless otherwise specified in the
52 conditional use permit all stormwater from parkinq and other impervious surfaces on
53 the site shall be captured and reused or retained on site or treated bv Low Impact
54 Development (LID) techniques such as the use of permeable pavina systems,
55 bioretention rain qardens veQetated roofs veqetated swales or similar rneans of
56 controllinq pollution from storrnwater runoff.
57 COMMENT
5$ The section sets forth the permitted components of environmental education centers and the
59 parking requirements applicable to the use. The latter include a requirement that stormwater from
60 parking and other impervious surfaces be captured and reused or retained on the site or that Low
61 Impact Development (LID) techniques be utilized as a means of controlling stormwater runoff.
62
63 ARTICLE 3. PRESERVATION DISTRICT.
64 - ....
65 Sec. 301. Use regulations.
66 (a) Principa! and conditional uses. The following chart lists those uses permitted
67 within the P-1 Preservation District. Those uses and structures shall be permitted as either
68 principal uses indicated by a"P" or as conditional uses indicated by a"C." No uses or
69 structures other than as specified shall be permitted.
2
70
71 Use P-~
72 ....
73 Environmental education centers other than those ~
74 operated bv a qovernmental entity
75
76 ....
7~ COMMENT
7$ The section allows environmental education centers, other than those operated by a
79 governmental entity, as a conditional use in the P-1 Preservation District. The substantive
80 standards for the use are set forth in Section 233.1.1.
81
g2 Adopted by the City Council of the City of Virginia Beach on the day
83 of , 2010.
84
85 Approved as to content:
Planning Department
CA-11578
R-4
August 17, 2010
Approved as to legal sufficiency:
~
.
City Attorney's Office
3
-49-
Item V-K.
PLANNING
1. VICTOR M. and BARBARA A. WEST
ITEM # 60268
2. vIRGINIA BEACH TRAVEL SOCCER, INC.
3. AMERIGROUP CORPORATION
4. CITY OF VIRGINIA BEACH
NONCONFORMING USE
MODIFICATION OF CONDITION NO. S
CONDITIONAL USE PERMIT
AMEND Section SOl of the City Zoning
Ordinance (CZO) re outdoor recreational
and amuse`nent jacilities in Residential
Districts
September 14, 2010
-50-
Item V-K.
PLANNING ITEM # 60269
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE
MOTION Items 3 and 4 of the PLANNING BY CONSENT AGENDA.
Voting: 10-0 (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 and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
September 14, 2010
-51-
Item V-K.1.
PLANNING ITEM # 60270
The following registered in SUPPORT.•
April Habit, 4116 Charity Farm Court, Phone: 301-0963, applicant. This is an antique craft shop to be
located within the existing building on the site. Classes will also be held to complement the antique shop.
Vicki Rice, 1544 Gum Bridge Road, Phone; 426-6721, applicant. Mrs. Rice advised she and April both
live within walking distance of the store.
Councilman Diezel requested the Director of Planning have staff check to be assured abandoned gas
tanks are not still located in the vicinity of the shop.
The following registered in OPPOSIITON.•
Robin Newnam , 4101 Charity Neck Road, Phone: 721-5805, whose residence is directly across from
the application site. There is no direct entry or exit to this parcel. The road frontage is the whole lot. The
streets are narrow, not lined and the ditches are deep. vehicle traffic cannot pass other vehicles. These
roads are also occupied by heavy farm equipment. This property would be better suited for a warehouse
space. A retail location would be an increase in traffic on these narrow roads, more crime and trash to
pick up. If this parcel is rezoned, Ms. Newman requested a more defined entrance and exit to the
property, a paved parking lot and if the tanks are remaining in the ground, they be removed for
environmental reasons. Ms. Newman would like this business maintained as a neighborhood
establishment, which includes lawn maintenance. She would prefer the business not operate after
9: 00 P.M.
David Newnam, 4101 Charity Neck Road, Phone: 721-5805. Other than the Methodist Church, this area
is all residential. This facility has not been an operating store for over twenty (20) years..
Upon motion by Council Lady Henley, seconded by Councilman Diezel, City Council ADOPTED a
Resolution Authorizing the Conversion of a Nonconforming Use at 4100 Charity Neck Road upon
application of Victor M. and Barbara A. West, 41 DO Chariry Neck Road (GPIN 2411631692).
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGIMA
Application of VICTOR M. and BARBARA A. WEST for a Non-
conforming Use re an antique%raft shop at 4100 Charity Neck Road
(GPIN 2411631692).
(DISTRICT 7 - PRINCESS ANNE)
The following conditions shall be required:
1. The applicants shall obtain all necessary permits and inspections from the Planning Department /
Permits and Inspections Division and the Fire Department. The applicants shall obtain a
Certifrcate of Occupancy for the change of use from the Building O~cial.
2. Hours of operation shall be limited to between 8.•00 a.m.to 8: OOp.m., Monday through Sunday.
September 14, 2010
-52-
Item V-K.1.
PLANNING ITEM # 60270 (Continued)
This Ordinance shall be effective in accordance with Section 107 (fl of the Zoning Ordinance.
Adopted by the Ciry Council of the Ciry of Virginia Beach, Virginia, on the Fourteenth of September, Two
Thousand Ten
Voting.• 10-0 (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 and
James L. Wood
Council Members Voting Nay.•
None
Council Members Absent:
Rosemary Wilson
September 14, 2010
1 A RESOLUTION AUTHORIZING THE
2 CONVERSION OF A NONCONFORMING
3 USE ON PROPERTY LOCATED AT 4100
4 CHARITY NECK ROAD
5
6 WHEREAS, Victor M. and Barbara A. West, (hereinafter the "Applicants") have
7 made application to the City Council for authorization to change a nonconforming use
8 having the address of 4100 Charity Neck Road, in the Agricultural District, by converting
9 the grocery/retail use to an antique/retail use on the parcel; and
10
11 WHEREAS, the retail use is nonconforming as it is not a use allowed in the
12 Agricultural Zoning District; and
13
14 WHEREAS, the retail use was commenced prior to the adoption of the applicable
15 regulations; and
16
17 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the
18 conversion of a nonconforming use is unlawful in the absence of a resolution of the City
19 Council authorizing such action upon a finding that the proposed use, as changed, will
20 be equally appropriate or more appropriate to the zoning district than is the existing use;
21
22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
23 VIRGINIA BEACH, VIRGINIA:
24
25 That the City Council hereby finds that the proposed use, as changed, will be
26 equally appropriate to the district as is the existing use under the conditions of approval
27 set forth hereinbelow.
28
29 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
30 BEACH, VIRGINIA:
31 ~
32 That the conversion of the nonconforming use is hereby authorized, upon the
33 following conditions:
34
35 1. The applicants shall obtain all necessary permits and inspections from the
36 Planning Department / Permits and Inspections Division and the Fire
37 Department. The applicants shall obtain a Certificate of Occupancy for the
38 change of ~se from the Building Official.
39
40 2. Hours of operation shall be limited to between 8:00 a.m. to 8:00 p.m., Monday
41 through Sunday.
42
Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day
of ~e.~temher , 2010.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
,''
~ l ~
/
~
City Attorney's Office
CA11605
R-1
September 2, 2010
-53-
Item V-K.2.
PLANNING ITEM # 60271
Attorney Edward Bourdon, Phone: 499-8941, representing the applicant, advised recreational
opportunities and facilities add to citizen's qualiry of life and compliment our tourism industry.
Organized sports are an invaluable asset to all our youth of all ages. The City's recreational programs,
and the private recreational programs within the City, have been phenomenally successful. There is a
clear shortage of lighted athletic fields and facilities in our City. The vast majority of our lighted field
facilities benefit from some public cost participation. A majority are adjacent or within residential views.
This Soccer Facility is maintained totally by private dollars. This faciliry is utilized by the "adult only"
Shipps Corner Soccer Club and a practice facility for the Beach FC Youth Club. The fields have been lit
since the development of the facility. This facility lies within the highest noise zone around NAS Oceana.
The following registered in Opposition:
Linda Russell, 1212 Skylark Drive, Phone: 427-6481, expressed concern re the lights.
Alexandria Sims, 2937 Finch Avenue, Phone: 427-3290, resident of Cardinal Estates, stated he quit
driving because of these lights. The flags should also be flown correctly. The Dutch Flag is always flown
upside down.
Upon motion by Councilman Uhrin, seconded by Councilman Dyer, Ciry Council ADOPTED an
Ordinance upon application of VIRGINIA BEACH TRAVEL SOCCER, INC. for Modi~cation o~'
Condition No. S re restrictions on the use of outdoor field lighting (approved on 9/8/09 and deferred
6/9/1 D) at 2949 Shipps Corner Road (GPIN #14953733290000) (DISTRICT 6- BEACH)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of VIRGINIA BEACH TRAVEL
SOCCER, INC. for Modification of Condition No. 5 re restrictions on
the use of outdoor field lighting (approved on 9/8/09 and deferred
6/9/10) at 2949 Shipps Corner Road (GPIN #14953733290000
(DISTRICT 6 - BEACH)
The following conditions shall be considered:
1. The applicant shall request a variance from the Chesapeake Bay Preservation Area Board if the
Planning Director or his designee determines this is required.
2. The fields shall be used for practices and for adult league games. There shall, however, be no
events that would draw spectators. No bleachers or spectator seating is permitted on the property.
3. A right-of-way reservation shall be provided along Shipps Corner Road as required for the Shipps
Corner Road Bridge Replacement Plan CIP 2-174 and as called for in the Master Transportation
Plan.
4. Right and/or left turn lanes shall be constructed on Shipps Corner Road if Public Works Traffic
Engineering determines they are required during the detailed plan review process.
September 14, 2010
-54-
Item V-K.2.
PLANNING ITEM # 60271 (Continued)
S. All outdoor recreational lighting fixtures shall be no higher than forty (40) feet and shall be
directed downward. In addition, glare guards, Daybrite Model VSLL, have been added to all lights
facing Shipps Corner Road and must remain in place. The four poles of designated field lights
facing Shipps Corner Road must remain turned off. The designated field lights are as follows: one
pole of field lights facing Shipps Corner Road in the last row closest to the South and East properry
lines and three consecutive poles of field lights facing Shipps Corner Road in the second row from
the South properry line on the Eastern end of the property as labeled on the site layout. The field
lights shall be controlled by timers and can only be used Monday through Friday until 9: 00 P.M.
Outdoor parking lot lighting shall be no higher than twenty-five (25) feet and shall be directed
downward and shielded to direct light and glare onto premises and away from adjoining
properties.
6. Restrooms in the first Aid Building shall be developed in substantial conformance with the
submitted plan entitled "New Building Shipps Corner Road Virginia Beach Virginia" prepared by
Kelly Jean Olt, dated March 10, 2005.
7. The indoor Soccer facility shall be developed in substantial conformance with the submitted plan
entitled "Conditional Use Exhibit for Shipps Corner Soccer Complex #2949 Shipps Corner Road,
virginia Beach, Virginia ", prepared by WPL Landscape Architects, Land Surveyors, Engineers
dated June 29, 2005.
8. The indoor facility shall be developed in substantial conformance with the submitted rendering
entitled "RAVE SOCCER COMPLEX LLC ".
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 Fourteenth of September, Two
Thousand Ten
Vot ing: 10-0
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 and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
September 14, 2010
-55-
Item V-K.3.
PLANNING ITEM # 60272
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, an Ordinance upon application of AMERIGROUP CORPORATION for a Conditional
Use Permit re a Cafe and Deli at 4433 Corporation Lane (DISTRICT 4- BAYSIDE):
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of AMERIGROUP CORPORATION for a
Conditional Use Permit re a Cafe and Deli at 4433 Corporation Lane;
(GPIN: 1477774006)
(DISTRICT 4 - BAYSIDE) R091037436
The following condition shall be required.•
1. All signs shall be in conformance with Article 2(B) and Section 805
of the Ciry of Virginia Beach Zoning Ordinance.
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 Fourteenth of September, Two
Thousand Ten
Voting: 10-0
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 and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
September 14, 2010
-56-
Item V-K.4.
PLANNING ITEM # 60273
Upon motion by vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT.•
Ordinance upon application of CITY OF VIRGINIA BEACH to
AMEND Section SOl of the City Zoning Ordinance (CZO) re outdoor
recreational and amusement facilities in Residential Districts
Voting.• 10-0 (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 and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
September 14, 2010
1 REQUESTED BY COUNCILMEMBER JAMES L. WOOD
2
3 AN ORDINANCE TO AMEND SECTION 501 OF
4 THE CITY ZONING ORDINANCE, PERTAINING
5 TO OUTDOOR RECREATIONAL AND
6 AMUSEMENT FACILITIES IN RESIDENTIAL
7 ZONING DISTRICTS
8 Section Amended: City Zoning Ordinance Section
9 501
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
WHEREAS, the public necessity, convenience, general welfare and good zoning
practice so require;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 501 of the City Zoning Ordinance is hereby amended and
reordained, to read as follows:
Sec. 501. Use regulations.
(a) Principal and conditional uses. The following chart lists those uses permitted within
the R-40 through R-2.5 Residential Districts. Those uses and structures in the respective
residential districts shall be permitted as either principal uses indicated by a"P" or as
conditional uses indicated by a"C." Uses and structures indicated by an "X" shall be prohibited
in the respective districts. No uses or structures other than as specified shall be permitted.
Uses
Recreation and amusement
facilities of an outdoor nature
other than those specified as
principal uses, which may be
partially or temporarily enclosed
on a seasonal basis, with the
approval of city council, except
that riding academies and
recreational campgrounds
shall not be allowed. Such
Residential Districts
R-40 R-20 R-15 R-10 R-7.5 R-5D R-5R R-5S R-2.5
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
Uses
facilities may include perman-
ently enclosed components,
provided such components
do not exceed a total of twentv
per cent (20%) of the area
encompassed by the cond-
itional use permit and the
activities conducted therein
are identical to those
conducted outdoors.
Residential Districts
R-40 R-20 R-15 R-10 R-7.5 R-5D R-5R R-5S R-2.5
C C C C C C C C C
Adopted by the City Council of the City of Virginia Beach on the 14th day of
September, 2010.
2
-57-
Item L1
APPOINTMENTS ITEM # 60274
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Dolores Bartel
Unexpired Thru 12/31/13
COMMUNITY SER I~ICES BOARD
voting: 10-0
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 and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
September 14, 2010
-58-
Item L.2
APPOINTMENTS ITEM # 60275
BY CONSENSIIS, City Council RESCHEDULED APPOINTMENTS:
ENERGYADVISORY COMMITTEE
HEALTH SERVICES ADVISORY BOARD
September 14, 2010
-59-
Item L.3
APPOINTMENTS ITEM # 60276
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
RADMJackDantone, USNRet.
S-Year Term
9/1/10 - 2/28/1 S
MILITARY ECONOMIC DEVELOPMENT AD i~ISORY COMMITTEE
Voting.• 10-0
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 and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
September 14, 2010
-60-
Item L.4.
APPOINTMENTS ITEM # 60277
Upon NOMINATION by T~ice Mayor Jones, City Council APPOINTED:
RADM Justo Mangliemot, USN Ret.
Unexpired thru S/31/11
MINORITYBUSINESS COUNCIL
Voting.• 10-0
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 and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
September 14, 2010
-61 -
Item L. S.
APPOINTMENTS ITEM # 60278
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
SOCIAL SERVICES BOARD
Nony Abrajano, ZISN, Ret.
4 Year Term 9/1/10 - 6/30/14
Voting: 10-0
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 and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
September 14, 2010
-62-
Items O.
ADJOURNMENT ITEM # 60279
Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 7:1 S P.M.
y~~/~
---- - ---- ---~-----
Beverly O. Hooks, CMC
Chief Deputy City Clerk
- ---- --------~~..a.''~ ~!~e__~_/___~ -------------
uth Hodges Fraser, MMC William D. Sessoms, Jr.
City Clerk Mayor
City of Virginia Beach, Virginia
The Public Dialogue re Non Agenda items adjourned at 7:26 P.M.
September 14, 2010
-63-
PUBLIC DIALOGUE
SHORE DRIT~E SPEED LIMIT
Wally Erb, 150 Cayuga Road, Phone; 581-4287, stated that when City Council authorized reducing the
Shore Drive Speed Limit from 45 miles per hour to 35 miles per hour, the State Code was used as the
authoriry: ~46.2-875 re Maximum speed limit on certain other highways in cities and towns. This
section is guidance for establishing maximum speed limits on highways in cities and towns.
Unfortunately, the Council was not establishing a speed limit, but were reducing a previously accepted
speed limit. The proper code is ~46.2-878 re Authority to change speed limits. An engineering
investigation is required prior to implementation. This has not been done. Copies of the Codes
referenced are hereby made a part of the record.
The City Attorney shall respond to Mr. Erb's concerns.
Jimmy Frost, 2240 Windom, Phone: 343-6768, spoke relative private memberships to Town City Club
provided for the members of the Economic Development Department. There are some great restaurants
and tax payers' dollars do not have to be expended for a private club membership. If an employer wished
to locate in the City encompassing 1 SO to 200 jobs, the Town City Club membership could be provided.
September 14, 2010