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NOVEMBER 23, 2010 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL A9AY0R W/LLIAM D. SESSOMS, JR., At-Large V/CE MAYOR LOUIS R. JONES, BaysiJe -District a RITA SWEET BELLITTO, At-Large GLENN R. DAV/S, Ro.re Hall -District 3 WILLIAM R. DeSTEPH, At-Large HARRY E. D/EZF.l., Kempsvtlle -District 2 ROBERT M DYER Centerville -District 1 BARBARA M. HENLEY, Princess Anne -District 7 JOHN E. UHIUN, Beach -District 6 ROSEMARY W/LSON, Al-Large J,4MES L. WDOD, (.ynnhaven -District 5 CITY COUNCIL APPOINTEES CITYMANAGER-•IAMESK. SPORE CYTY ATTORNEY -MARK D. STILES C.'ITY ASSESSOR - JERALD BANAGAN CITY AUDITOR - I,YNDON S REMIAS CITY CLERK - RUT H HODGES FRASER, MMC CITY COUNCIL AGENDA 23 NOVEMBER 2010 CITYHALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 385-4303 FAX (757J 385-5669 E- MAIL: Ctycncl@vbgov. com I. CITY COUNCIL'S BRIEFING -Conference Room- A. TIDEWATER COMMUNITY COLLEGE Virginia Beach Campus Update Dr. Deborah DiCroce, President II. INFORMAL SESSION I -Conference Room- A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION III. CITY MANAGER'S BRIEFINGS -Conference Room- A. ELECTRONIC CITY COUNCIL AGENDA Gwen Cowart, Director -Communication and Information Technology Roderick Ingram, Deputy City Attorney B. CONSTITUTION DRIVE/THALIA GREENWAY David L. Hansen, Deputy City Manager C. GREEN RIBBON IMPLEMENTATION COMMITTEE'S Parking Amendments Barry Frankenfield, SGA Administrator 2:30 PM 3:00 PM 4:00 PM D. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director -Finance ~ IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW II. INFORMAL SESSION II -Conference Room - A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION -City Council Chamber - 5:30 PM 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Tommy Taylor 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 November 09, 2010 G. FORMAL SESSION AGENDA H. MAYOR'S PRESENTATION 1. CCPC RECERTIFICATION Garth Wheeler, Director -Virginia Criminal Justice Services I. CONSENT AGENDA J K. RECOMMENDATION APPROVAL ORDINANCES/RESOLUTIONS Ordinances re COMPENSATION 1 a. City Manager b. City Attorney c. City Clerk d. City Real Estate Assessor e. City Auditor Ordinances to ACCEPT and APPROPRIATE: 2. a. $357,817 of State reimbursements to the FY 2010-11 Technology Trust fund of the Clerk of the Circuit Court b. $45,000 from the Oyster Heritage Trust Fund to the FY 2010-11 Operating Budget of the Department of Planning and Community Development re increasing oyster habitat in the Lynnhaven River watershed and continuing the Oyster Si1e11 Recycling Program Ordinances to TRANSFER: 3. a. $362,001 from the 2008 State Homeland Security Grant funds to the FY 2010-11 Operating Budget and $664 within the FY 2010-11 Operating Budget of the Police Department re the purchase of aself-contained mobile command vehicle b. $140,300 within the Energy Efficiency and Conservation Block Grant to Public Works re acquiring energy management software PLANNING 1. Application of MARK COOKE for a Nonconforming Use to replace a garage apartment with a single family dwelling at 6102 Oceanfront Avenue DISTRICT 5 - LYNNHAVEN (Deferred 11/09/2010 for two weeks) RECOMMENDATION APPROVAL 2. Application of MARK and CHRISTINE ZAPPERNICK for the closure of an unimproved, unnamed street between Lots 13 and 14, Avalon Hills at Barkwood Court and Richland Drive. DISTRICT 1 - CENTERVILLE STAFF RECOMMENDATION DENIAL PLANNING COMMISSION RECOMMENDATION APROVAL 3. Application of CHRISTOPHER SCAGLIONE for a Conditional Use Permit re a community pier at 416 Caspian Avenue, Lake Rudee DISTRICT 6 -BEACH 4. Application of POINT-TO-POINT/MCRJERS II, LLC for a Conditional Use Permit re motor vehicle rentals at Suite 108, 5393 Wesleyan Drive. DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL Application of CHUNMA TAE KWON DO/MOUNTAIN VENTURES VIRGINIA BEACH, LLC for a Conditional Use Permit re an indoor recreational facility at 3300 Princess Anne Road. DISTRAICT 7 -PRINCESS ANNE RECOMMENDATION APPROVAL Application of TIRE EXPRESS OF NORTH AMERICA/PAUL PAVANO for a Conditional Use Permit re auto repair at 146 South Rosemont Road and Hilber Street DISTRICT 3 -ROSE HALL RECOMMENDATION .APPROVAL 7. Application of NEW CINGULAR WIRELESS PCS, LLC/VIRGINIA BEACH SCHOOL BOARD for a Conditional Use Permit re a communication tower at 1272 Mill Dam Road. DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 8. Application of C & C DEVELOPMENT COMPANY, INC. for a Change of Zoning District Classification from A-12 Apartment to Conditional R-SS Residential Single Family between 802 and 828 160i Street DISTRICT 6 -BEACH RECOMMENDATION APPROVAL L. APPOINTMENTS BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY POLICY and MANAGEMENT TEAM - CSA COMMUNITY SERVICES BOARD ENERGY ADVISORY COMMITTEE HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION PENDLETON CHILD SERVICES MANAGEMENT BOARD PLANNING COMMISSION RESORT ADVISORY COMMISSION TIDEWATER YOUTH SERVICES COMMISSION VIRGINIA BEACH TOMORROW COMMISSION M. UNFINISHED BUSINESS N. NEW BUSINESS 1. ABSTRACT OF VOTES -General Election of November 2, 2010 O. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 J~~l~t~~~~~< CITY COUNCIL RETREAT 8:30 AM - 5:00 PM FRIDAY and SATURDAY January 21-22, 2011 CONFERENCE ROOM Suite 1000 222 Central Park Avenue TOWN CENTER +; ; .~ *, ~. Agenda II/23!lOgw www.vb;ov.com -1- MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 23, 2010 Mayor William D. Sessoms, Jr., called to order the City Council's Briefing re TIDWATER COMMUNITY COLLEGE and the Virginia Beach Campus Update in the City Council Conference Room, Tuesday, November 23, 2010, at 2: 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, Rosemary Wilson and James L. Wood Council Members Absent: None November 23, 2010 -2- CITY MANAGER `S BRIEFING TIDEWATER COMMUNITY COLLEGE Virginia Beach Campus 2:30 P.M. ITEM # 60421 Dr. Deborah DiCroce, President -Tidewater Community College, provided information toward realizing a "Shared Vision" for the Virginia Beach Campus. Dr. DiCroce acknowledged the attendance of Michael D. Summers, Provost -Virginia Beach Campus and Franklin Dunn -Vice President, Administration. ,~- V,,,,;.,,. - ,,~ ~ 4 ~- ~~ ~,~' .. ° ~ ?AYE, tM„ : ~ ' -i ,~iurt~ilk Np ~ ( YA "~ c.~'-.~` 'k 1111 tSf lll~ll~1 •-.CAI )~S tMTE~N/~ aAL s,_ emr ~~ ,. ,.. .~ r"`re~ ~~~ ~~ ~ _, ~r ,,. •- s~ ,: ~ r I, ~ ~.,<,, q' ~• 7 a ... CamP~§",~ ~: x, a t° ViF nia Ca ~*~~ q~ ~ ° ``' k ~ ~ Cam, us ~~ - ~r ew• f °~ ~ , P ~II~'IA1d ~` Yrglroa°Beac ,~Reglanal $rs~CIY Cargpus ~~ ~ ~ Automotive „~` ~anter SufE'ollc ch~ne~k~ ~ 5 ~ ~~ ~°` Q TCC's STRATEGIC PLAN The Vision TCC will become a national model of a strategic community college: a vital academic resource, capable of directing its energies and shaping its programs to meet the changing needs of students, business, industry, the region, the Commonwealth, the nation and the international community of which the College is a part. TCC's STRATEGIC PLAN Strategic Goals • Strengthen the quality of the teaching and learning environment • Foster the development of the whole student • Diversify the funding base of the college • Contribute to the sustainable social, cultural and economic growth of South Hampton Roads • Leverage the benefits of a college that consists of multiple campuses, divisions and programs November 23, 2010 -3- CITY MANAGER `S BRIEFING TIDEWATER COMMUNITY COLLEGE Virginia Beach Campus ITEM # 60421 (Continued) TCC's STRATEGIC PLAN Core Values • Access and successful student achievement • Respect for individuality and a commitment to fostering unique strengths in different people • Partnership with a range of constituencies • A vital and engaging learning environment • Service and accountability TCC Enrollment • 87.4% growth in annual FTES since 1997-98 • 2009-10 enrollment: - 45,331 unduplicated headcount (12.3% increase over 2008-09) - 21,508 annual FTES (17.5% increase over 2008-09) Virginia Beach Campus Enrollment • 47% growth in annual FTES since 1997-98 • 2009-10 enrollment: - 24,820 unduplicated headcount (10.6% increase over 2008-09) - 9,428 annual FTES (13.5% increase over 2008-09) 9 Virginia Beach Campus Update November23, 2070 2s,ooo 24,000 ~ 22,000 0 v 20,000 18,000 10,000 9,000 N w 8,000 w 7,000 16,000 6,000 X99, ~'~~r, ~`~'~ ~O°O, ~O°i, ~O°~ ~O°~ ~O4t ?O°s, ?O°s ~O°~ ?°°e ~°°s, ;98 99 D° O~ O? O~ O~ Off. Oa, O) 08 09 70 Academic Year 24,820 22,43 8,42 21,11 20,006 19,90520,181 8,308 19,710 18,737 7,902 17,79417,997 7,412 7 7.619 .675 6,748 6,393 Virginia Beach Campus Enrollment Annual Headeounts and FTES }Headcount 1997-98 - 2009-10: 47°lo Growth in Annual FTES -+-FrEs 11,000 November 23, 2010 -4- CITY MANAGER `S BRIEFING TIDEWATER COMMUNITY COLLEGE Virginia Beach Campus ITEM # 60421 (Continued) Student Demographics -Fall 2010 :- -.- 1 Headcount 15,850 31,515 Full-time 43% 44% Daytime enrollment 80% 72% Female 59% 61 White 58% 53% African-American2 24% 34% Other Minority 18% 13% 3 Financial aid students 46% 50% College transfer 51% 48% 4 Recent HS rads 10% 9% 24 or younger 52% 50% 25 or older 48% 50% 5 Military & Veterans 17% 17% 1. Projected 4. 22% of the service area's 2009 high 2. TCC enrolls more African- American students School graduates enrolled at TCC in Fall than any other public, private college or 2009 university in Virginia S. TCC is among the top S colleges and 3. TCC has the highest number of financial aid universities for the number of Post-9/ll GI students of all the colleges in the VCCS Bill enrollments in the nation, and the top community college November 23, 2010 -5- CITY MANAGER `S BRIEFING TIDEWATER COMMUNITY COLLEGE Virginia Beach Campus ITEM # 60421 (Continued) A "Shared Vision "for TCC in Virginia Beach • Adopted in December 2001' -based on 2 premises: - Partnership to develop an Academic Village as part of the Princess Anne Corridor Plan - Partnership to enhance TCC's ability to accommodate increasing demand for its services • Manifested, to-date, through: - City's acquisition of 6 parcels (28. S acres) of land for expansion of the Virginia Beach Campus - Advanced Technology Center - Science Building - Regional Health Professions Center - Student Center - Joint-Use Library ' City Council Resolution of December Il, 2001 Regional resource for shared career and technical education and training November 23, 2010 -6- CITY MANAGER `S BRIEFING TIDEWATER COMMUNITY COLLEGE Virginia Beach Campus ITEM # 60421 (Continued) Advanced Technology Center '~. _. ~ ~M~~~ '~~' ,-1 .,., ,.- ~-. r Blackwater Building Renovation - $23-Million project - 137,000 square feet (37,188 sq. ft. of instructional space apportioned to TCC) - Partnership with City of Virginia Beach and Public Schools - Academic Village concept - 5,539 TCC students served in 2009-10 Science Building •70,000 square feet •$23.6-Million investment •29 new classrooms & labs •Opened January 2008 •Planetarium, observatory, wave tank and living lab • 34,500 square feet •$6.3-Million investment mss, ,:y,- <'s z - . 3- '.. 3, 8.4 . • l 7 new classrooms and labs •Completed December 2009 November 23, 2010 -7- CITY MANAGER `S BRIEFING TIDEWATER COMMUNITY COLLEGE Virginia Beach Campus ITEM # 60421 (Continued) Regional Health Professions Center •65,000 square feet •41 new classrooms, labs and simulator rooms •$i2-Million investment* •Construction began in August 2009 -complete Spring 2011 Virginia Beach Campus Student Center •89,500 square feet $27.4-Million investment •Construction to begin Fall 2010 -- complete in Fall 2012 ~~~ , ~- ,:~N, ,~,: November 23, 2010 -8- CITY MANAGER `S BRIEFING TIDEWATER COMMUNITY COLLEGE Virginia Beach Campus ITEM # 60421 (Continued) Joint Use Library • 120,000 square feet •$53-Million investment* •Construction to begin Fall 2010 -complete in Fall 2012 November 23, 2010 -9- CITY MANAGER `S BRIEFING TIDEWATER COMMUNITY COLLEGE Virginia Beach Campus ITEM # 60421 (Continued) Joint Use Library Programmatic Highlights Organic and Analytical Chemistry Department Typical Community College Chemistry Instruction • 99% offer only general and organic transfer chemistry • Most provide instructor-led demonstrations, limited hands-on labs and virtual labs • Most lack the necessary equipment to provide direct instruction in advanced lab techniques needed for several majors Unique Features of the Virginia Beach Campus Chemistry Department • Advanced laboratory space provides hands-on experiences for all students • Analytic Chemistry is taught to provide students with 300-level course skills • Students have access to: - HP Liquid Chromatograph, Gas Chromatograph, Ion Chromatograph - Infrared and UV/Visible Spectrophotometers - Nuclear Magnetic Resonance Spectroscopy November 23, 2010 -10- CITY MANAGER `S BRIEFING TIDEWATER COMMUNITY COLLEGE Virginia Beach Campus ITEM # 60421 (Continued) Geographic Information Systems ,~ t T ~ 4 iy, ~ _~ ., ~ ,.~ ~t_ - - -.+.y _..~ _ _~ _ s' -s..~~- ,~-yam; - :- ;-~ s•i.._ .` _ - ~:.. .re ~~ ~~, '~;~ ~ i ; t ~ ~~~ t t _ _ ~ / ~~ s~ r Career Studies Certificate Program • GIS specializations in Business, Civil Engineering Technology, Environmental Sciences, Information Technology • Students learn to use advanced GPS units and specific software programs • Second annual GIS Day held on November l9, 2010, included participation from government, business and the military Community College Consortium Health IT Grant ..,. ._ _. -.;:.=, _ • ~s° ~ ua~ ~ • . November 23, 2010 -11- CITY MANAGER `S BRIEFING TIDEWATER COMMUNITY COLLEGE Virginia Beach Campus ITEM# 60421 (Continued) Virginia Beach Campus Programmatic Highlights ^ •~~ c. WIAIA A~P41b[W W~rlOM C A N A ° A , S dew • alAno ! ^ ~.. \ - ~ a+ ~ ~ yowl AYA 11°Itlll ~)IA ~ ~~ McMfs~ ~ ~, ~ 'vt °A! °°^ ) / - ~ - IbffA Vii'S!A ' •~•~~• j ~ _Ai - ~ ~Y~•pY:A• ~ l rvrrar ~i E ~ ~ /•YA°A U M I T t D 3 T A T! 8 ,~~ ~ ~` ~WM Mw Yort 0 h I 0 ' ,y fa FnltMK• + ~ • • ! A R •~wt auca y . . ~ CAOIA•• ~ • 1 . J / •• ~~ MfOti ~ ~BIT•GY F A M S ~ f Pxi7k Ocean B ~ ~ • •oU•CX•°Llit AI/x Atlc ' o.r•. Io~AAMIa• ~.,..s •aw,.~ uwf ., o~ea~ S••DI• ANTOIG ~b0•^I' sex ro°co o,aawwA ' - I a c .. •T .~--- D~ . ~•nw~..y• ~ ~ ° ..! i tarA>~ J•lu.z ! f r A s r~'~uiA '°-VSe.wMw .. u <,e ~ . M E >( 1 O iNt - Gx~~.:. p11YA1NA COAWt~ f ~ RAlIA14AS .c ~ ~O` ~( LrYttW R ion A B C Q E Total Census Population 23 171,056 X7,460,504 65;115 773 I 97,02G,825 ' 75 639,343 308,437 502 Percents a of National Po ulation ~ 8°,6 _` 15°k 21°~ 314'0 25°~6 100% Minimum Students to be Trained Annual) 75D -` 1,650 2,250 3.300 I 2,550 10 500 Target Number of Member Community Colleges ~8 11-14 13-18 16-2~ 17-23 70 Fundin .Allocation iSFi,?OQGIX] u,10.75C1,pR0 $14.fi5~3,04(1 $21,15QQ00 517.25iJ,C7C10 $70,Oa0,00Q Tidewater Community College as Lead Institution for the Region E Consortium • Purpose: - Assist in curriculum development • Traditional, hybrid, online, non-credit, credit - Coordinate and Deliver training • In 6 workforce roles pre-defined by HHS/ONC - Provide leadership for this effort throughout the Northeast Region • 22 community colleges plus TCC • Serving 12 states and the District of Columbia • I00 community stakeholders November 23, 2010 -12- CITY MANAGER `S BRIEFING TIDEWATER COMMUNITY COLLEGE Virginia Beach Campus ITEM # 60421 (Continued) The TCC Training Program IS` Cohort Enrollment Administrative Track 62 enrolled (target: 45) - Practice Workflow and Information Management Redesign Specialist - Clinical/Practitioner Consultant - Implementation Manager Technician Track 36 enrolled (target: 30) - Implementation Support Specialist - Technical Software Support Specialist Training Track 1 S enrolled (target: 1 S) - Trainer TCC Participant Demographics • Age Home Residences Range from 22 to 64 years old Cape Charles Gender Chesapeake 72 female and 41 male Hampton • Educational level Midlothian SO% with an earned Associate degree or higher Newport News • 10 with Master's degree Norfolk • 28 with Bachelor's degree Portsmouth • Occupational Background Richmond Healthcare Seaford • 20 with 3 to 9 years experience Smithfield • 19 with more than 10 years experience Suffolk Information Technology Virginia Beach • 28 with 3 to 9 years experience Williamsburg • IZ with more than IOyears experience The Trademark of Tidewater Community College is: "From here, go anywhere. " Programs, Partnerships and Plans for the Future • Overview of academic programs -transfer and career/technical offered on campus • Description of the extra-curriculum that enhances the collegiate experience for students • A review of the innovative partnerships that expand the impact on students and the economic vitality of the City • Future programmatic initiatives at the Virginia Beach Campus November 23, 2010 -13- CITY MANAGER `S BRIEFING TIDEWATER COMMUNITY COLLEGE Virginia Beach Campus ITEM # 60421 (Continued) • Transfer curriculum Academic Programs - Associate of Arts - Associate of Science • Business Administration • Engineering • Computer Science • Science • Social Science • Career/Technical - Associate in Applied Science (22 degrees) • Business, Accounting, Management • Civil, Mechanical and Industrial Engineering Technicians • Health Care Professions • Information Technology field • Funeral Services • Administration of Justice, Fire Science, Paralegal • Early Childhood Development • Hospitality Management • Computer Aided Drafting and Design The Extra-Curriculum • Student Government Association • Phi Theta Kappa • Mortuary Science and Funeral Club • Early Childhood Development Club • The Black Student Union • The International Student Alliance • Caribbean American Student Club • Engineering Club • Tidewater Business Club • Chess Club, Anime Club, Computer Club • Tidewater Christian Fellowship • A variety of Health Professions Clubs Partnerships • The Advanced Technology Center • Apprenticeships with local employers • "Together We Can" Foundation • Alternative energy promotion • HITEC Project -Community College Consortium Health IT Grant • VBCPS - Dual Enrollment - Teacher training - College readiness assessment November 23, 2010 -14- CITY MANAGER `S BRIEFING TIDEWATER COMMUNITY COLLEGE Virginia Beach Campus ITEM # 60421 (Continued) Unique Campus Activities • Child Development Lab • Seismic Station -Linkage with Virginia Tech • Motorcycle Training Program • Planetarium • RV Maury • International Students/Global Studies • CISCO Training Center • State testing facility for EMS and Paramedic Certification Future Campus Initiatives • The Center for Military Education • Maritime Training Services • NSF SMART Center • Integrated Student Academic Support Services • Volunteer Services Program • Programs/Internships with Operation Smile Future Academic Programs • Medical Laboratory Technician • Licensed Practical Nursing • Medical Equipment Technician • Forensic Science • Prosthetics • Metrology • Ophthalmic Technician • Simulation/Electronics Technician • Athletic Trainer November 23, 2010 -15- ITEM # 60422 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(s): PUBLIC CONTRACT: discussion of the award of a public contract involving the expenditure of public funds, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A) (30) Golf Course Management Lease Upon motion by Councilman Wood seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 2:56 P.M. Voting.• 10-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel. Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill " DeSteph (Closed Session: 2:56 P.M. - 3:23 P.M.J November 23, 2010 -16- Mayor William D. Sessoms, Jr., RECONVENED the Informal Session and invited the City Manager's Briefings in the City Council Conference Room, Tuesday, November 23, 2010, at 3:23 P.M. Council Members Present: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent.• None November 23, 2010 -17- MAYOR'S COMMENTS 3:24 P.M. ITEM # 60423 Mayor Sessoms referenced his Conference Call with Governor McDonnell and Secretary of Defense Robert Gates, as well as many representatives of the Military Economic Development Advisory Committee, (MEDAL) Rear Admiral Richard Dunleavy (USN, Retired) and Dr. Roger N. Whiteway. Secretary of Defense Gates has agreed to conduct regular meetings and will include Mayor Sessoms. An hour long meeting was held in the Pentagon relative JFCOM, (Joint Forces Command), attended by Deputy Defense Secretary William Lynn, Admiral Mike Mullen, Chairman -Joint Chiefs of Staff, Army General Ray Odierno -Commander of JFCOM, Representatives Jim Moran, Randy Forbes and Eric Cantor, Senators Mark Warner and Jim Webb. Secretary Gates advised some functions of JFCOM will remain in Hampton Roads. Mayor Sessoms noted a correction concerning the number of JFCOM jobs, which was reported in the newspaper as 6,000. This is an inaccurate number. There are 3,900 JFCOM jobs in Hampton Roads. There are 6,000 jobs scattered across the Country, some of which are in Virginia; however, many are located in different states. The request was made to consider, if there are reductions, that other commends be moved to the Hampton Roads area. AFRICOM (Africa Command) has been mentioned. Secretary Gates said he would give that consideration. Secretary Gates made his problem clear. He has to cut expenses. He is trying to cut $100-Billion over five (S) years, but the important point is "over five (5) years" at $20-Million a year. This would basically be funding more, making the services more efficient and more technology oriented. That money is going to be spent, but in a different way, redirecting the funds to troops and modernization efforts. The Governor requested Impact Aid. In BRAC, there is a requirement of "X" number of dollars for jobs being lost. There is no definition for what is occurring as far as Impact Aid. Secretary Gates would give that some consideration. Also, the argument was made in Suffolk there has already been $270-Million Tax payer funds spent on facilities and $60-Million would have to be expended to break the lease if JFCOM leaves completely. It does make sense to try to fill that space if it should be totally or partially empty. It was made clear that the community is disappointed. Mayor Sessoms believes that Secretary Gates knows Hampton Roads is a strong supporter of the Military, one of the best places for the Military to be in the United States and the community is more than discouraged because of the lack of transparency. Modeling and Simulation were noted and it was stated clearly by Admiral Mullins and Secretary Gates that Hampton Roads has the best Modeling and Simulation in the world. That is very important. The roll of ACT (ALLIED COMMAND TRANSFORMATION) was brought up and Secretary Gates sees the importance of that need with JFCOM. We have to work with other nations inviting more. That is why ACT is here. Mayor Sessoms thought all took great pride as this came from our Congress and our Governor who spoke as "one voice ". There were not any partisanships at all. ITEM # 60424 Mayor Sessoms advised the Virginia Rescue Squad Foundation has a $S-Million interest free loan from the City of Virginia Beach, which is being repaid at $500,000 a year. The Foundation requested Mayor Sessoms seek the pleasure of City Council to allow them to pay the City $250, 000 this year instead of $500, 000, the reason being that Rescue 14 needs another ambulance. In other words, instead of asking the City to borrow another $250, 000 for an ambulance. (They want to have two, because of the mileage.) They have been running more calls. In addition the Foundation has given the City over $300, 000 this year for recruitment and retention on behalf of the entire City. Mayor Sessoms advised he thought the City Council would look favorably upon the one year reduction of payment. Mayor Sessoms inquired if there were any objections. There being none, Mayor Sessoms requested the City Manager to schedule this request for the next City Council Agenda. November 23, 2010 -18- CITY MANAGER'S BRIEFING ELECTRONIC CITY COUNCIL AGENDA 3:30 P.M. ITEM # 60425 Gwen Cowart, Director -Communication and Information Technology, and Roderick Ingram, Deputy Ciry Attorney, presented information re the Electronic City Council Agenda. Mrs. Cowart acknowledged and expressed appreciation to the City Clerk's Office (Ruth Hodges Fraser, Amanda F. Barnes), the City Attorney's Office (City Attorney Mark Stiles, Rod Ingram and JoAnna Hickman), and the City Manager's Office (Debby Collins and Aislyn Hughes) for their cooperation and assistance. Current Council Packet Components (20 paper packets produced bi-weekly) • City Manager Packet consisting of documents being provided by the City Manager to City Council members, such as policy reports, letters, memos, City Manager's Update, budget transfer reports, etc. - Some, but not all, of these materials are currently available on Beachnet • City Clerk Packet consisting of the City Council Agenda and Agenda supporting materials, announcements, invites, letters to Council, and individual City Council addressed mail. - Agenda portion of these materials currently available on VBgov.com • City Attorney to City Councilmember correspondence, some of which may go to all members of City Council and some of which may go to individual City Council members only. - Not currently distributed digitally Digital Packet Advantages: ^ For each Council member who uses only digital documents the cost of paper, printing and paper packet distribution will be eliminated (Average printing cost per agenda packet = $28; does not include locally printed City Manager and City Attorney components) ^ Convenient and portable; accessible with any Internet connected computing device ^ Supports bookmarking and search; supports both viewing of documents and downloading ^ Access to City Council Agenda materials for City Staff will be enhanced and expanded (non-confidential information only) Disadvantages ^ Navigation can be cumbersome in large files ^ If materials continue to be printed, but on local printing devices, actual printing cost becomes more expensive ^ Ease of annotating documents: handwritten notes versus electronic annotating ^ Potential of duplicate distribution processes to manage November 23, 2010 -19- CITY MA NAGER'S BRIEFING ELECTRONIC CITY COUNCIL AGENDA ITEM # 60425 (Continued) Digital City Council Packet Content - •°~ :Complete set of materials, replicating ~~ ~ ~= _ - ~~ - ~ . .the items in the current "paper packet", ~~~° ; available in digital format ~ }~i - There may occasionally be a small subset of the ' ~~/_ '1 packet that aan not be made available digitally, such __ ~~~ ` a5 arge plats/maps, large bound reports • t=iles will be stored in a secure document library that can be accessed ..:.----.~~-= -- by City Councilmembers (and by City. ,;' staff members) for viewing and/or downloading. - Sections of the site would have'perrnissionstor access only by City Council members. - UUlizin®a documentlibrary structure and specifc file homing protocols wiA enhance the ease of access to the material: - Use of PDF bookmarks will also enhance the usability of electronic agenda file, • DEMO , :Content Flow vbnet.vbgov.com _ti ._.._._ ._.._._e_. '~ gen~ r PDF ~'~ ,_i_~ [~~ City Clerk's Office 1 ~ ~ City Council Meeting I l~r, 3 ~ r ~ Fu1lAgendh °' i ; ~ ~-~ converted to PDF; „~ -~ ~~ ~°°^s°~~° docaments received ~1 ~ ~ i City Clerk ~,a..~~,.~. from multiple i _ c ry { soureesand FfldBy -_councPt converted toPDFs. Package Dory ~, City Manaoer's Office Documentsrecei City Manager ~--°~ i' from multi le c" ~_ ~~ P Friday ~~~,~~ sources and converted to PDFs. ~ ~ ,~~ it,-; ~ ~~_ ~~~~T~• CitvAttorney's _'~~~ .ice Documents - t ~ ! converted to PDFs. i V y~• ~" ~'~.. November 23, 2010 -20- CITY MA NAGER'S BRIEFING ELECTRONIC CITY COUNCIL AGENDA ITEM # 60425 (Continued) Digital City Council Packet Access Methods • City Council members can access the materials using any computer (personal, business, or public) that can access the Internet with a web browser (ie. home computers, smartphones, iPads, etc). - Individual choice per Council member as to packet type they wish to utilize (paper or digital), and what device they use to access the files City Laptops/Desktops - connect to the City network directly though hardwired network drops, or - access the Internet and utilize all of the available remote connectivity methods currently offered by the City to access information residing on the City network (web, VPN, Citrix, Remote Desktop) - City laptops provide access to all the City's enterprise computing services, such as email, desktop productivity suite, Pictometry, Communicator, etc., and the services are fully supported by ComIT iPads or other electronic reader devices - Provide a lesser set of capabilities than laptops/desktops • No native file management • No external ports or drives • Limited access to City's enterprise computing services - Would require data network charges to extend access - Consumer electronic devices limit City staff ability to support the device Freedom of Information Act • The Act's requirements apply to any document (paper or electronic) that concerns public business • The Acl applies to such public records regardless of where or how they are stored • The Act applies to such public records regardless of whether the device on which the records reside is a City device or one that is personally owned Next Steps • City Council direction as to approach and funding • Secure wireless Internet access installed to serve City Council Chamber and Conference Room • Individual Council Member choices made • Hardware acquisition • Training • Digital Agenda Packets will be available, starting with the first City Council meeting in January The City Clerk's office will be posting the "bookmarked" agenda on the public site at www.vb~ov.com, in order for the public to utilize this feature. November 23, 2010 $EAc'`ri. _~': ~~. v ~'~_ * ~~ ~ 9 ~~ ~'9 '~r s ~~ ~(i a ~t`°a~ Background: Polic Report City Council members Davis, Wood and Uhrin expressed an interest in going paperless for the council agenda and using off the shelf technology like the Apple iPad for viewing the City Council Agenda Packet. Current Packet Components: Currently the agenda packet for City Council meetings is distributed to each Councilperson on the Friday evening prior to the City Council meeting; the packet consists of paper documents developed with multiple formats (ie. Word, PDF, Powerpoint, Visio, etc.). The Friday package consists of three groupings of documents: 1. City Manager Packet consisting of documents being provided by the City Manager to City Council members, such as policy reports, letters, memos, City Manager's Update, budget transfer reports, etc. 2. City Clerk Packet consisting of the City Council agenda and agenda supporting materials, announcements, invites, letters to Council, and individual City Council addressed mail. 3. City Attorney to City Councilmember correspondence, some of which may go to all members of City Council and some of which may go to individual City Council members only. Additionally, the City Clerk's Office scans all of the agenda documents and posts them to eDOCs (example: http://edocs.vbgov.com/), which is then made available on VBgov.com on the Friday prior to the City Council meeting. From the Agenda document in eDOCs a user can select creation of the agenda as a PDF file. Currently the agenda PDF does not contain bookmarks to each of the agenda items. A user can save the PDF file locally to their desktop or laptop, and can use Adobe Acrobat and other PDF tools to annotate the document with notes, highlights, and bookmarks. Access to these materials electronically: Portions of the Council packet are currently available digitally and can be accessed at C~ Manager I City Manager's Friday Package to City Council .Council members may access this information today using their City provided laptops, or using their home or business computers. Digital City Council Agenda and Packet Considerations: There are two primary areas of consideration for digital agendas: the content and distribution components, and the alternatives for the viewing hardware and connectivity. Any content and distribution alternative will require reviewing and revising City Council agenda file management, .distribution roles and responsibilities, and process changes in the City Manager, City Clerk and City Attorney offices. Additionally, while any of the alternatives would lead to a larger portion of the packet being available electronically, there may still be components of the packet that would not be available, such as large plats/maps, large bound reports, City Council individually addressed mail, etc. Several alternative approaches are possible. For each Council member using digital documents instead of paper documents, the cost of paper, printing and paper packet distribution costs will be eliminated. Access to Council agenda materials for City staff will also be enhanced and expanded. Public Information Public Information will be handled through the normal Council Agenda public information process. Alternative Courses of Action Content and Distribution Alternatives Alternative 7: Expand on the Current Process: The current process can readily be expanded to include a more complete digital set of the contents of the City Council packet. This will require the City Clerk's Office to prepare a digital version of the Council agenda to be available on Fridays. Additionally it will require staff in the City Manager's Office, the City Attorney's Office and the City Clerk's Office to prepare the other individual document components of the Council Agenda Packet as PDF files. These files would then be stored in a secure document library that could be accessed by each City Council member (and by City staff members) for viewing and/or downloading. Sections of the site would have permissions for access only by City Council members. Utilizing a document library structure and specific file naming protocols will enhance the ease of access to the material that is relevant to each agenda item. Use of PDF bookmarks will also enhance the usability of electronic agenda packet files. This alternative relies primarily on changes to internal City processes and procedures, relying on internal city resources in the City Manager's, City Attorney's, City Clerk's Offices and ComIT. All four of these agencies have indicated they are able to accommodate these changes. Alternative 2: Acquire a Commercial Off the Shelf Application There are many commercial vendors who sell software applications and/or hosted services to create and manage agendas, access information and conduct meetings. These applications facilitate the entire agenda preparation process, in addition to presenting the final agenda components digitally. Typically they support the following types of capabilities: • Manage agenda lifecycle from planning/preparation to meeting/post meeting • Create an automated agenda preparation process • Provide for reliable and secure workflow management • Reduce preparation time and effort • Securely automate the processing and approval process of topics and the supporting documentation for agendas. • Elimination of copying and collating paper documents for an Agenda. • Support attaching maps, drawings and other supporting material into a digital form for routing and approval. • Reduce paper packet distribution and provide digital availability of agenda materials to council members, staff, citizens and the media As part of the FY2006-2007 CIP process an agenda automation project was requested, but not funded. Using the cost estimates developed for that proposal it is preliminarily estimated that implementing a full agenda automation solution would cost approximately $400,000 in one-time costs, and $20,000 in annual recurring costs. Hosted solutions are likely to have a reduced initial investment, but higher annual costs. Further analysis would be necessary to define specific functional requirements to establish a firm cost estimate. Pursuing this alternative would initially entail identifying funding, and developing and releasing an RFP. Alternative 3: Internally Develop an Agenda Automation Application Internal development of a software application would target the same functional requirements and capabilities as listed in Alternative 2, but be developed uniquely by and for the City of Virginia Beach. It would be necessary to perform a detailed analysis to define specific functional requirements before a cost estimate could be established. Viewing and Connectivity Alternatives Council Members' Personal or Business Devices Once City Council agenda packet files are available in a digital format and accessible via the Internet and a web browser, City Council members will be able to access the materials using any computer (personal, business, or public) that can access the Internet with a web browser (ie. home computers, smartphones, iPads, etc). City Provided Laptops: All City Council members have the option of receiving a City laptop and laptop cellular data connectivity. The following Council members currently have City laptops: Mayor Sessoms Laptop and Cellular Data Service Councilman Uhrin Laptop Councilman DeSteph Laptop Council Lady Sweet Bellitto Laptop These laptops can: • connect to the City network directly though hardwired network drops, or • access the internet and utilize all of the available remote connectivity methods currently offered by the City to access information residing on the City network (VPN, Citrix, Remote Desktop) Additionally, City laptops are available for Council member use at the Council dais during Council meetings. City laptops provide access to all of the City's enterprise computing services, such as email, desktop productivity suite, Pictometry, Communicator, etc., and the services are fully supported by ComIT. Funding Funding is already in place to provide laptops to each City Council member. This funding could be used to provide either a laptop or an iPad, dependent upon each Council member's individual work needs and preference. A secure wireless access point would be installed to provide City Council Chambers and Conference Room access at a cost of ~ $2,000.00. Recommendation It is recommended that the enhancements to the current agenda process (Content and Distribution Alternative 1) be implemented. Members of the City Clerk's, City Manager's and City Attorney's Offices are prepared to revise their processes, and ComIT will ensure availability of a document repository that will be accessible via the Internet and a web browser. Councilman Davis, in his role as City Council technology liaison, has agreed to perform a preliminary review of the document repository structure and processes. Once the agenda packet is available electronically City Council members would be able to individually elect to: access the agenda packet materials electronically instead of receiving the paper based packets or in addition to paper based packets, and request either a City provided laptop or a City provided iPad. Prepared by: ~~~ ~,~' ao~0 n K. Cowart, ComIT Date Reviewed by: ~,.~ ~ i~-r~t~ i~~'~ uth H. Fra es r, City Clerk e City Attorney ave sen, Deputy City Manager /~~ ~~ ~° Date Date It •i~• a~o~o Date Approved by: ~- ~ 1 b I ~ Ja es K. Spore, Ci Hager Dat Appendix A: The iPad iPads: Apple iPads are consumer electronic devices. Each iPad must be setup for the individual user. The devices are not designed primarily as business devices, but are "viewer" devices targeting personal uses such as browsing the internet, downloading and listening to music and video, reading ebooks, etc. Once City Council agenda packet files are available in an electronic format and accessible via the Internet and a web browser, iPads (as well as other Internet and browser capable consumer devices) would be capable of accessing the material. iTunes Account: Each iPad user must have their own individual iTunes account. All applications used are conveyed to the iPad by way of iTunes. To create and activate an iTunes account the user must download the iTunes application to a personal Mac/PC (directly connected to the internet) using a unique email address for the iPad/iTunes account.. Mac requirements: Mac computer with USB 2.0 port Pro with Mac OS X v10.5.8 or later iTunes 9.1 or later download iTunes Store account Internet access PC requirements: Windows 7, Vista, XP Home or SP3 or later iTunes 9.1 or later download iTunes Store account Internet access It takes several minutes to download the files, which must then be installed on the PC and the user must accept and agree to Apple's Terms and Conditions. iPad Connectivity: Connectivity to the internet is needed to download applications, documents, media files, and to access email accounts. (Pads may be purchased with wi-fi only connectivity capability, or with wi-fi and AT&T 3G Cellular Data connectivity capability. Each iPad requires an account. 3G connectivity is necessary if access to the internet is needed in locations where wi-fi services are not available. iPad Cost Components: Currently Apple offers 6 iPad models: Wi-Fi Only 16 GB $499.00 Wi-Fi Only 32 GB $599.00 Wi-Fi Only 64 GB $699.00 Wi-Fi and AT&T Cellular 16 GB $629.00 Wi-Fi and AT&T Cellular 32 GB $729.00 Wi-Fi and AT&T Cellular 64 GB $829.00 Cellular Data connectivity is purchased on a monthly basis at two different data thresholds: 250 MB a month $14.99 a month 2 GB a month $25.00 a month (One month is based on 30 consecutive days, and starts at the date and time of purchase of the data service) The iPad will show an alert when 20%, 10% and zero data usage is remaining, and at each alert the user can choose to add more data at additional cost. Many accessories are available for the iPad, such as extra power cords, cases, stylus, external keyboards, etc. and prices vary. Council iPad Usage -what are other Hampton Roads cities doing? To date, three of the sixteen Hampton Roads communities have deployed iPads: Williamsburg, Hampton, and Norfolk. If iPad use is desired: 1. Council members would have the option to receive city provided laptop or iPad, or may choose to use their personally owned devices. 2. iTunes accounts would be established. 3. Cellular data services and billing processes will be put into place. 4. FOIA and records management laws and policies apply to documents/data contained on city provided iPads. 5. Purchase of an iPad PDF application, such as Noterize, will be necessary to support PDF annotation capabilities. 6. Council members would return any City provided iPad to ComIT at the conclusion of their elected term(s) on City Council. Support Services for the iPad: Because these are not enterprise oriented devices, ComIT is not able to manage these devices though the City's network and push upgrades, patches, and applications (especially virus protection). ComIT would be able to assist each Councilperson in: • installing iTunes on their personal PC, • establishing their personal iTunes account, • setting up synchronization with City email account, • downloading and installing the PDF annotation application, • instructions on accessing the City Council Agenda Packet files, and • dependent upon the application selected, provide basic training on use of the PDF annotation application. iPad services not supportable by ComIT: • Safari Internet browser • iTunes for purchasing music, books, video et.al. • iBooks library application for reading electronic books • Video viewing • iPod for listening to music • All other iPad applications and services (there are tens of thousands of iPad applications available and in development; City staff will not be able to provide end user support of these applications). • Utilization of City enterprise IT applications on the iPad -21 - CITYMANAGER'S BRIEFING CONSTITUTIONDRIVE/THALIA GREENWAY 4:12 P.M. ITEM # 60426 David L. Hansen, Deputy City Manager, advised fourteen (14) months ago, the City's Cost Participation Partnership (Public Private Partnership) emerged (Strategic Growth Area #4). Cost Participation Partner: Project Principals Construction Manager Development Coordinator Superintendent Administrative Coordinator Attorney: Faggert & Frieden P. C. Construction Team: Prime General Contractor: Waterfront Marine Inc. Site Preparation Underground Utilities Road Construction Design Firm: URS Consultants City Team: Deputy City Manager Director of Public Works City Engineer Engineering Services Administrator Project Managers Project Engineer Project Inspector Site Acquisition Manager City Attorney's Office Public Utilities Project Manager Public Utilities Inspector Ripley-Heatwole Andy Heatwole Ron Ripley Scott Ripley Jim Smith Daniel Heatwole Don Mills Lauren Kretchman Mike Nuckols Randy Sutton Delbert Owens Parkway Grading Inc. Kevcor Inc. Virginia Paving Steve Whitlock, P.E. David L. Hansen Jason E. Cosby, P.E. John E. Fowler, P.E. Bobby J. Wheeler, P.E. E. Bradley Hobbs, P.E. Phillip D. Pullen, P.E. Laurie E. Murphy, P.E. Greg McElroy James E. Lawson Alexander W. Stiles John McDonald, P.E. Richard Chacon November 23, 2010 -22- CITYMANAGER'S BRIEFING CONSTITUTIONDRIVE/THALIA GREENWAY ITEM # 60426 (Continued) Bobby Wheeler, Engineering Services Administrator, advised the description, purpose and need: 1 Four-lane divided roadway from Columbus Street to Bonney Road with a 400 foot span bridge crossing Thalia Creek ,total project distance of approximately 0.5 miles 1 Links Town Center with existing Convergence Office Park, City View and other mixed use development along Bonney Road Provides a direct means of access for motorists, pedestrians and bicyclists to Town Center and Virginia Beach Boulevard from Bonney Road 1 Constitution Drive has been included in the City's Master Transportation Plan since 1982 Public Private Partnership Structure Developer Responsibilities: 1 Design & Construction of the Project 1 Environmental Permitting 1 Private Utility Coordination 1 Public Involvement 1 Dedication of Right-of-Way for Bridge and South Side Improvements 1 Total Costs of all Improvements South of the Bridge City Responsibilities: 1 Oversight of Design and Construction to Meet Standards 1 Oversight of Public Involvement Process 1 Oversight of Inspections to Insure Compliance with Specifications 1 Approval of Progress Payments 1 Right-of-Way Acquisition North of the Bridge 1 Total Costs of Bridge and North Side Improvements November 23, 201 D - 23 - CITYMANAGER'S BRIEFING CONSTITUTIONDRIVE/THALL4 GREENWAY ITEM # 60426 (Continued) GQNSTITUTION DRIVE PRQJECT AREA m ~~~~~I~:~ax++~~ ~,:~ -r. ; To '~ ~l~ap~r, imprwenr,~,~~ ,,To ~, _,. ~a~sa ~~ ;~ 4~ m ~,..3~t,,,_ _ , .~ ~' ~ o f r I~I~ ~° _.. - w ..~......~ . .... ":. , - `' ORS X Design Features 1 Decorative Features to complement Town Center: Decorative Streetlights Brick Sidewalks (South Side)/Brick Concrete Medians and Crosswalks Tree Wells with Landscaping Aesthetically Pleasing Bridge with Open Railing Public Private Partnership Benefits Realized 1 Financial Benefits: Original Total Estimated Cost: $I5.8-Million Actual Final Combined Developer & City Costs: $11.8-Million Total Realized Project Savings: ~ 4.0-Million Reduction in Overall Project Schedule by Approximately 18 (eighteen) months 1 @$285,000 in Contingency Funding Available for Thalia Creek Greenway project Project Overview Bridge Improvements -City Costs 1 New 400 foot, 4-Lane Divided Bridge 3-Span, Steel Girders, 90 feet wide - Major Design Features 10-Foot Wide Colored Stamped Concrete Sidewalks 8-Fool Wide Colored Stamped Concrete Median Decorative Street Lighting Open Bridge Railing November 23, 2010 -24- CITYMANAGER'S BRIEFING CONSTITUTIONDRIVE/THALIA GREENWAY ITEM # 60426 (Continued) E. Bradley Hobbs, Project Manager, provided a brief overview. Project Overview South Side Improvements -Developer Costs - New 4-Lane Divided Minor Arterial Roadway Section - Major Design Features 0 10'-12' Wide Brick Paver Sidewalk/Multi Use Paths on Both Sides o Tree Wells o Stamped Asphalt Brick Paver Style Crosswalks o Brick Paver Medians o Traffic Signal Upgrades o New Right Turn Lane off Bonney Road o Decorative Street Lighting Project Overview North Side Improvements -City Costs 1 Added Two (2) Additional Lanes Between Columbus Street and New Bridge 1 Major Design Features New S-Foot Wide Sidewalks on Both Sides of New Roadway Brick Paver Median Noses New Crosswalk at Lisbon Lane/Carapace Drive Decorative Street Lighting New Landscaping November 23, 2010 Bridge Construction 101 .Thalia C'raak hafnra - 2s - CITYMANAGER'S BRIEFING CONSTITUTIONDRIVE/THALIA GREENWAY ITEM # 60426 (Continued) Brian Solis, Planning, Design and Development Administrator, spoke re GREEN infrastructure: Bridge Construction 101 Stamped Concrete Brick Sidewalk s .~.,._~> ~,~... _ ~`~~ ... ~~ ~ r 25 November 23, 2010 -26- CITYMANAGER'S BRIEFING CONSTITUTIONDRIVE/THALIA GREENWAY ITEM # 60426 (Continued) Ribbon Cutting- October 28, 2010 35 Financial Status 1 Project delivered On Time -Within Budget - Project estimate: $1 S. 8-Million 1 Design, Construction, Land Dedication: $11.8-Million 1 CIP 2-208 Appropriation: $9,176,912 1 Design & Mitigation: $1.1-Million - City Construction: $7.3-Million 1 $425,000 transferred to Field House Evacuation Shelter 1 Contract contingency begin: $665,623 1 Contract contingency end: @.$285,000 1 Project Fund Balance: @.$93,000 1 Opportunity to jump-start the Thalia Creek Greenway November 23, 2010 -27- CITY MA NAGER'S BRIEFING CONSTITUTIONDRIVE/THALL4 GREENWAY ITEM # 60426 (Continued) CONSTITUTION DRIVE CIP 2-208 BUDGET ANALYSIS CIP APPROPRIATION $9,176,912.00 FUNDS AVAILABLE 9/16/09 $8,104,768.53 REMAINING EXPENSES: Developer's Bid $6,335,233.05 Street Lighting (City Share) $ 140,000.00 Landscaping (City Share) $ 30,000.00 Acquisition $ 151,000.00 SUBTOTAL $6,656,233.05 Contingency 10% $ 665,623.31 Funding Transfer to Field House Evacuation Center $ 425,000.00 LT Engineering Inspections /Analysis $ 150,000.00 Signal Reimbursement Olympia Development $ 75,000.00 Private Utility Adjustments/City Design CO's $ 40,000.00 Total Estimated remaining Costs with Contingency $8,011,856.36 POTENTIAL FUND BALANCE $ 92,912.17 November 23, 2010 -28- CONSTITUTIONDRIVE/THALIA GREENWAY ITEM # 60426 (Continued) Thalia Creek Greenway f ~;~" ~~s.Y ~<~:; ~~ Tdwn ,..,. ~'.f '~ Center j,',v~! "~,.._., .. w, ~ ~ y p.., ... W _ ~ ~'~' Primary Corridor s~~. ~ ~ ,; ~ ~t~ a oa ~~~~~ ~,o '~,' Back round - 1973 -Central Business ', District zoning classification ~, estabFished - 1987 -Central Business District Association (CBDA) .Officially Incorporated - 1991 -Town Center Master Plan Developed by EDAW ~Y ~, `~ _.. ,, ~~ ~._~ ~, .~ s~ - 2002 -Conceptual Greenway Plan Developed by City of Virginia Beach Parks & Recreation CBDA. Cehtral Business District Assodation' zooz ~`~~ 1~ ~ ~ ~ ~: j ._ . 199 r `- November 23, 2010 LandStudiopc -29- CITYMANAGER'S BRIEFING CONSTITUTIONDRIVE/THALIA GREENWAY ITEM # 60426 (Continued) Th~li~ ~re~k ~r~~nw~.y by Water fiver Greenway November 23, 2010 ~;: ~ .~ Denver -30- CITYMANAGER'S BRIEFING CONSTITUTIONDRIVE/THALIA GREENWAY ITEM # 60426 (Continued) challenges to Futu r~ Pu b1ic, Private ar~d Pub(i~/Private I~~v~ic~prr~ent ire the P~r~br®ke ~~A ~. 3 w~`-'a~~'e i . 4t r! i-.\µ((f17. ~~ ~+~ - Constitution Drive Extended and Thalia Creek Greenway • Ripley Heatwole proposed Footbridge: 427 linear feet x 10' wide, open pile, timber, pedestrian bridge, 7 feet above the marsh, with rail lighting • 3 month construction period • Estimated cost.• $294, 200 • Wetlands Mitigation: $7,506 • Wetland Board approval received • Dedication: Bridge is dedicated upon completion, but pathway not open to public until western loop is completed Constitution Drive Extended and Thalia Creek Greenway Request City Council • Authorize staff to negotiate a change order to the existing contract to increase the scope to add this first leg of the Thalia Creek Greenway • Commit only the remaining contingency funds following closeout of the original agreement November 23, 2010 -31- CITYMANAGER'S BRIEFING GREEN RIBBON IMPLEMENTATION COMMITTEE'S PARKING AMENDMENTS 4: SO P.M. ITEM # 60427 Barry Frankenfield, SGA (Strategic Growth Analysis) Administrator advised: Green Ribbon Implementation Committee -City's Big View X Better management of surface parking is component of the City's overall plan to move towards a more sustainable City. The proposed amendments address directives of the Green Ribbon Implementation Committee specifically to: X Reduce parking requirements K Set maximum and minimum parking requirements K Facilitate shared and off-site parking X Require motorcycle and bicycle parking K Require compact parking spaces History X The amendments were unanimously approved by the Planning Commission and scheduled for Council action July 13, 2010 X Some concerns were raised' by Council Members prior to July 13, 2010 and the amendments were deferred indefinitely K In general, the concerns were limits on the maximum amount of parking (not enough) and the requirement of permeable paving above the minimum parking scenarios (now changed) K Met with Development Authority representatives in October to receive their input and provided suggested adjustments to the amendments X Briefed Development Authority November 16, 2010 • Acknowledged the incorporation of their suggested changes Concerns K Impact on Economic Development/new development projects that require a lot of surface parking K Permeable paving may not work in certain conditions. K The amount of permeable paving is too high X Cost of permeable paving K Mandated compact parking X The maximum limit is too restrictive X Lack of alternatives to permeable paving November 23, 2010 -32- CITYMANAGER'S BRIEFING GREEN RIBBON IMPLEMENTATION COMMITTEE'S PARKING AMENDMENTS ITEM # 60427 (Continued) Summary of Recommended Changes / Clarified/addressed zones where maximum parking applies (does not apply to Residential, Industrial and Resort Zoning Classifications) / Reduced maximum amount of compact parking (Minimum 20% -Maximum 30%). Will revisit the mandatory requirement and consider alternatives such as Ride-Share, hybrid and electric car parking and incentives for transit nodes / Limited covered bicycle parking on lots of 300+ / Reduced term of shared parking agreements from 20 to 10 years / Increased the maximum parking permitted to 1 SO% (from 120%) / Removed the requirement for runoff reduction between minimum and maximum parking / Provided for a simplified waiver process to exceed maximum limitations / Provided alternatives and choices for increased stormwater treatment Recommended Maximum Parking Amounts (1 SO%) of Minimum) K Below are examples of the impact of 1 SO% maximum parking amounts, note the values are very close to the maximum parking needs suggested by various developers. f Office Parking: Minimum 1/330 square feet or 3 per 1000 square feet; Maximum 1/222 square feet or 4.5 per 1000 square feet. f Medical Offices: Minimum 1/270 square feet or 3.7/1000 square feet; Maximum 1/181 square feet or S.S/1000 square feet. (Note: Hospitals require a Conditional Use Permit, the parking requirements are set in the permit) • Retail Establishments: Minimum 1/250 square feet or 4/1000; Maximum 1/166 square feet or 6/1000 square feet November 23, 2010 -33- CITY MA NAGER'S BRIEFING INTERIM FINANCL4L STATEMENT S:OS P.M. ITEM # 60428 Patricia Phillips, Director of Finance, recognized Loretta Brown and Aaron McCoy, who assisted in the preparation of the Interim Financial Statement July 31 through October 31, ZOIO. Overview 1 FY 2011 General Fund Revenues 1 FY 2011 General Fund Expenditures 1 Next Steps FY 2011 General Fund Revenues and Expenditures Compared to Budget Thru October 31, 2010 (in millions) Revenues Local Revenues State Revenues Federal Revenues Total Revenues Ex pe nditure s/Encumbrance s Departmental Totals Transfers Reserve for Contingencies Total Expenditures/Encumbrances Less Amounts Funded from Fund Balance Outstanding Encumbrance at 6/30/10 Approved Carryover Requests Funding for City Capital Projects Funding for School Capital Projects Norfolk Southern right ofway Risk Management Adjusted Expenditures/Encumbrances Annual Y'TD Budget Actual Variance $ 808.1 $ 108.2 $ (699.9) 143.0 22.5 (120.5) 22.6 6.4 (16.2) $ 973.7 $ 137.1 $ (836.6) $ 521.9 $ 205.0 $ 316.9 498.4 174.5 323.9 1.9 - 1.9 $ 1,022.2 $ 379.5 $ 642.7 $ 7.9 0.6 28.1 4.1 5.0 2.8 973.7 November 23, 2010 -34- CITY MA NAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 60428 (Continued) IOU% FY 2010 Year To Date General Fund Revenues Compared to Historic Trend October 31, 2010 so% YTD ACTUAL = $137.1 M a ANNUAL BUDGET = $973.7M 71,6 % r eo% a 58.3 c 54.4 F e 48.9 e 40% 45.0 ~ 42.1 u a 20Mo 14.1 9.7 1.5 % 3.8 % 12.7 8.3 0% 4.1 /. lul Aug Sep Oct Nov Dec Tan Feb Mar Apr May lun ~+~Rev Trend ~% of FY I I Rev Budget A GASB 54 Impact New for FY 2011 1 GASB 54 requires revenues tied to a fund to be budgeted in the fund as a revenue, not as a transfer. - Result: FYll interfund transfers and revenues are smaller General Fund budget is also smaller (in millions) Total General Fund Budgeted Revenues Amounts excluded from GF Revenue due to GASB 54: Non-GF Hotel Room Tax Non-GF Restaurant Meal Tax Amusement Tax Cigarette Tax Total Excluded Revenue GASB 54 FY09 FY10 FYlI $ 1,069.3 $ 1,044.8 $ 973.1 $ 17.6 17.5 5.7 1.0 41.8 November 23, 2010 -35- CITY MA NAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 60428 (Continued) FY 2011- General Fund Revenues 1 Total Revenue follows the Trendline 1 Several items are on a 2- 3 month lag 1 Real Estate installments due December 6`" and June 6`" 1 Business license tax (BPOL) due in March 1 Personal Property tax due June 6`" Real Estate Revenues October 31, 2006 - 2010 .............. .............. ........... ..,._._...... .......,.. .. ................ ......__ .. . ...... _ ......._...... ........... . IOX FAVORABLE TREND 5600 .5479.1 . 5493 0 1484.8 BUDGET 5443.1 - 1482. 8 xo% 5400 - - 0 - 0 lax 0 r 5300 V_ m y b ~ 10% ~ 5200 ~ - 1.0% ~~-- 4.3% 4.6% s% S1oo - 3:4K - 3.8% E16.0 ;18.3 Et9.7 - 520.8 §24.3 t0 O% FY 2007 FY 2008 FV 20011 FV T010 FV 2011 tAetual COllsctlon8 ~YTD -~%ol Total Personal Property Taxes October 31, 2006 - 2010 ---- 60% FAVORABLE TREND 173.1 ig7,g 588.1 BUDGET ao% 163. t Sao - 187.8 N o = ~ JO% rv 26.6 % 3 0 n U ': S40 o 21.8% 20% ~ ~ x 77.89L t7.9% 16.8% szo ~ - Stg:e_ 10% - . St2.0 512.1 E12.2 - -- St2.8 so ox FV 2007 FV 2008 FY 2009 FV 2010 FY 2011 [01gl Aetual GOlleationa ~VTD -0-%of Total S November 23, 2010 -36- CITY MA NAGER'S BRIEFING INTERIM FINANCL4L STATEMENT ITEM # 60428 (Continued) General Sales Taxes October 31, 2006 - 2010 S90 o ~ f rc FAVORABLE TREND 1.3% Up from FY10 $54.0 $~•1 BUDGET 551.4 $50.3 27.0% ~ 26.0% E: -. 29.2% 27.5% 28.1°r6 $14.6 515.1 $15.0 $14.0 $14.2 60X c 40% 'y Y `o 20°/. So General Sales Taxes Collections Monthly %Change from FY10 to FY11 1a.o% s.g% o.o% 3.0% o% v -10.0% ~~6de ~ ~ de ae „o ,,o ,,o ~Q-,~o „o ,,o ~o ,,o ,~o ,~t,,o „o p" y' Cf' ~7'~ O~t~ ~~ ~~ ~p~' P' ~, S~~ J~~ p~10 y~ d" ~J +°rlrMOnthly %Change from PY ~-1'.:. 1 ~~_ * Collections lag sales by 2 months m `~.4 FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 t3~Actual Collections a>iYTD ~% of Total November 23, 2010 -37- CITY MA NAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 60428 (Continued) Hotel Room Taxes General Fund Portion Only per GASB 54 October 31, 2006 - 2010 ........ .__._. ............. ._ .......... ._........... _......... ........... ........ ... 100X 7N. Up from FY10 FAVORABLE TREND 8 SS . _ 55.4 BUDGET 55.1 f5.2 55.2 55.1 SS 75% 70.5% 81.9% 63.300/0 85.5% 54.3 ~ ~ c S4 t c 53.6 '~~, g 53.4 53.4 $3.3 °-' r. $3.2 50% U ~ ~ -.. .~:- .- i. :: o F m K o ~ _ ~_ .tc. /. S1 _ _ ti. _ ~f_^ TTTT -'. ~ - . ~ 50 0% FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 tJACtual Collections ~VTD -0-% of Total 1 S30 S25 S20 0 f ~ S15 d s1o ss so Total Hotel Room Taxes October 31, 2006 - 2010 8.7%Up from FY70 FAVORABLE TRENO 522.8 f23.8 _ 523.0 BUDGET......... _ 5228 227 68.7% Bi.8% _ 64.0% _ 82.9% _ 80.3% .. 514.6 S14.7 575.6 513.6 514.3.... i 100 80% c 60°h U s ao% o zoi o% 12 FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 m Actual Collections ~YTD ~% of Total November 23, 2010 -38- CITY MA NAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 60428 (Continued) Restaurant Meal Taxes General Fund Portion Only per GASB 54 October 31, 2006 - 2010 sso c 0 sT0 f o: Sto SO 6U% s60 S40 60% c 0 - c sso N y 40% ° u ~ F rc szo S x zo% s+o so o% FY 2007 FY 2006 FY 2009 FV 2010 FY 201+ t+Actual Collections 6fiYTD ~% of Total 14 4.4'/. Up from FY10 FAVORABLE TREND BUDGET f28 8 530.8 E30.8 $30.9 =30.7 n ~l _~l ~ l I-I 37.1% 137.9%_ ~ 38:8% + ' 138.0~~,,, $11.0 111.6 $11.9 $11.7 2.2 I 75% 50% c 0 U_ H ae 25% 0% 13 FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 [3~+Adual Collections ~VTD -Pi%o+Total November 23, 2010 Total Restaurant Meal Taxes October 31, 2006 - 2010 -39- CITY MA NAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 60428 (Continued) Summary of General Fund Revenues (In Millions) October 31, 2010 * Real Estate Taxes Personal Property Taxes PPTRA General Sales Tax Utility Taxes Telecommunications Taxes Business Licenses * Restaurant Taxes * Hotel Taxes Other Local Revenues * State Revenues ~ Federal Revenues * GF portion only Excludes School Revenues loo°r° 80% 0 9 0 w 60% 9 F° 0 i 40% a 20% 0% $ 452.5 $ 20.3 4.5 % F 63.1 16.8 26.6 F 53.4 - 0.0 A 50.6 14.2 28.1 F 25.2 6.5 25.7 F 22.0 3.9 17.5 F 40.8 1.1 2.7 F 30.7 12.2 39.9 F 5.1 3.6 70.5 F 118.0 29.6 25.1 F 89.7 22.5 15.8 F 22.6 6.4 28.2 A $ 973.7 $ 137.1 14.1 % F FY 2010 Year To Date General Fund Revenues & Expenditures Compared to Historic Trend At October 3l, 2010 1«).D% Y4.9 ACTUAL REVENUES = $137.1 M gn• 1 "'~ ACTUAL EXPENDITURES= $379.SM 69.8 u. 7tf>'z, 17 November 23, 2010 Jul Aug Sep Oct Nov Dec ]an Feb Mar Apr May Jun '. M-^Rev Trend -1F-%of FYll Rev Budget Expenditul°Trend ~%of Fl'II Erp Budget -40- CITYMANAGER'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 60428 (Continued) General Fund FY 2011 Expenditures Total at October 31, 2010: $379. SM, or 37.1 %, of $1.022B Budget Summary of Actual Expenditures Under Budget at June 30: Next Steps 1 Continue to Monitor Revenues in FY 2011 ^ Real Estate -December/June ^ Business Licenses -March ^ Personal Property -March/April - Audited Financial Statements for FY10 Briefing December 14, 2010 November 23, 2010 -41 - CITY COUNCIL COMMENTS S:1 S P.M. ITEM # 60429 The City Manager distributed correspondence and "Message Points" re the Southeastern Parkway. The City Manager received a call from the Regional Administrator of the Federal Highway Administration informing him the FHWA willpublish a notice next week in the Federal Register that it is terminating the Environmental Impact Study of the Southeastern Parkway and Greenbelt project. Said information is hereby made a part of the record. Councilman Dyer advised the Southeastern Parkway may no longer be a viable option. The widening of Centerville from Indian River Road to the eventual connection of Lynnhaven should be considered. In terms of traffic relief, Southeastern Parkway was one of the larger traff c mitigation projects on the radar. Once again, Councilman Dyer asked City Council to set priorities for the future and somehow combine Lynnhaven XI with the connection at Centerville Turnpike. Widening to four (4) lanes would stop a lot of the problems in the area. ITEM # 60430 Council Lady Wilson distributed a request re the Business License Tax Incentive for New Small Businesses. Council Lady Wilson wished the City to request the 2011 General Assembly provide enabling legislation for a locality to enact an ordinance providing a rebate, exemption, or alternative mechanism for the abatement of BPOL TAXES paid by a business for the first two license years. The ordinance will provide the extent and duration of the incentive as well as any conditions or limitations upon the incentive. For businesses with gross receipts that are less than $100, 000, the business pays a flat license fee to the City. The license fee for businesses with gross receipts of less than $25,000 is $40. The license fee for businesses with gross receipts between $25, 001 and $100, 000 is $50. For businesses with gross receipts above $100, 000, the tax is based upon a rate applied to the company's gross receipts. The state law provides four general classifications and the maximum rate for each. The classifications and rates are: For contracting, sixteen cents per $100 of gross receipts For retail sales, twenty cents per $100 of gross receipts For financial, real estate and professional services, fifty-eight cents per $100 of gross receipts For repair, personal and business services, and all other businesses and occupations not specifically listed or excepted by law, thirty-six cents per $100 of gross receipts City Council will review and place this matter on a future City Council Agenda. November 23, 2010 -42- AGENDA REVIEW SESSION S: 20 P.M. ITEM # 60431 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinances re COMPENSATION a. City Manager b. City Attorney c. City Clerk d. City Real Estate Assessor e. City Auditor 2. Ordinances to ACCEPT and APPROPRIATE: a. $357, 817 of State reimbursements to the FY 2010-11 Technology Trust fund of the Clerk of the Circuit Court b. $45, 000 from the Oyster Heritage Trust Fund to the FY 2010-11 Operating Budget of the Department of Planning and Community Development re increasing oyster habitat in the Lynnhaven River watershed and continuing the Oyster Shell Recycling Program 3. Ordinances to TRANSFER: a. $362, 001 from the 2008 State Homeland Security Grant funds to the FY 2010-11 Operating Budget and $664 within the FY2010-11 Operating Budget of the Police Department re the purchase of aself-contained mobile command vehicle b. $140, 300 within the Energy Efficiency and Conservation Block Grant to Public Works re acquiring energy management software November 23, 2010 - 43 - AGENDA REVIEW SESSION ITEM # 60432 Item 7 (NEW CINGULAR WIRELESS PCS, LLC/VIRGINIA BEACH SCHOOL BOARD) shall be discussed during the Formal Session, as speakers are registered Application of NEW CINGULAR WIRELESS PCS, LLC/VIRGINIA BEACH SCHOOL BOARD for a Conditional Use Permit re a communication tower at 1272 Mill Dam Road. DISTRICT S - LYNNHAVEN ITEM # 60433 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: K. PLANNING Application of MARK COOKS for a Noncon orming Use to replace a garage apartment with a single family dwelling at 6102 Oceanfront Avenue DISTRICT 5 - LYNNHAVEN (Deferred 11/09/2010 for two weeks) 2. Application of MARK and CHRISTINE ZAPPERNICK for the closure of an unimproved, unnamed street between Lots 13 and 14, Avalon Hills at Barkwood Court and Richland Drive. DISTRICT 1 - CENTERVILLE 3. Application of CHRISTOPHER SCAGLIONE for a Conditional Use Permit re a community pier at 416 Caspian Avenue, Lake Rudee DISTRICT 6 -BEACH 4. Application of POINT-TO-POINT/MCRJERS II, LLC for a Conditional Use Permit re motor vehicle rentals at Suite 108, 5393 Wesleyan Drive. DISTRICT 4 - BAYSIDE S. Application of CHUNMA TAE KWONDO/MOUNTAIN VENTURES VIRGINIA BEACH, LLCfor a Conditional Use Permit re an indoor recreational facility at 3300 Princess Anne Road. DISTRICT 7 -PRINCESS ANNE 6. Application of TIRE EXPRESS OF NORTHAMERICA/PAUL PAVANO for a Conditional Use Permit re auto repair at 146 South Rosemont Road and Hilber Street DISTRICT 3 -ROSE HALL 8. Application of C & C DEVELOPMENT COMPANY, INC. for a Chan e o Zoning District Classi rcation from A-12 Apartment to Conditional R-SS Residential Single Family between 802 and 82816`h Street DISTRICT 6 -BEACH Item K.1. (Application of MARK COOKS for a Nonconforming Use shall have a Revised Resolution) Council Members Diezel and Henley shall vote a VERBAL NAY on K.2. re Application of MARK and CHRISTINE ZAPPERNICK November 23, 2010 -44- ITEM # 60434 Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its second CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purposes: PERSONNEL MATTERS: Discussion, consideration of, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(1) Council Appointments: Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLICLY-HELD PROPERTY.• Discussion or consideration of the, acquisition, or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). Acquisition/Disposition of City Property: Rose Hall District Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 5:27 P.M. Voting: 11-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel. Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None [Closed Session: 5:27 P.M. - S: SO P.M.J November 23, 2010 - 45 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL November 23, 2010 Mayor William D. Sessoms, Jr. called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL in the Council Chamber, City Hall Building, Tuesday, November 23, 2010, at 6:00 P.M. Council Members Present.• Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent.• None INVOCATION.• Reverend Tommy Taylor 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 Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is his practice to thoroughly review each City Council agenda to ident~ any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a `personal interest ", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record. November 23, 2010 -46- Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a `personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of ident~ing any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the off cial records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Confict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of ident~ing any matters in which she might have an actual or potential conf ict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson 's letter of January 27, 2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Confict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of ident~ing any matters in which she might have an actual or potential conf ict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson 's letter of January 27, 2004, is hereby made a part of the record. November 23, 2010 -47- Item V-E.1 CERTIFICATION ITEM # 60435 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED BOTH CLOSED SESSIONS (ITEM # 60422 - 2:56 P.M.) (ITEM # 60434 - 5:27 P.M) TO BE IN ACCORDANCE WITH THE MOTIONS TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Vice Mayor Louis R. Jones, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.• None Council Members Absent: None November 23, 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 #60422, Page 15, and in accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT 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. ~ ~ --c.J th Hodges Fraser, MMC City Clerk November 23, 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 #60434, Page 44, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS Section Z.Z-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED. That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach Ciry Council. th Hodges Fraser, MMC City Clerk November 23, 2010 -48- Item V-F. MINUTES ITEM # 60436 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of November 9, 2010. Voting: 11-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Vice Mayor Louis R. Jones, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 23, 2010 -49- Item V-G.1. ADOPTAGENDA FOR FORMAL SESSION ITEM # 60437 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION November 23, 2010 -50- Item V-H.1. MAYOR'S PRESENTATION ITEM # 60438 BYCONSENSZ/S, City Council RESCHEDULED: CCPC RECERTIFICATION Garth Wheeler, Director -Virginia Criminal Justice Services November 23, 2010 -51- Item V-J. ORDINANCES/RESOLUTIONS ITEM # 60439 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items 1 a/b/c/d/e, 2a/b/and 3a/b the CONSENT AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Vice Mayor Louis R. Jones, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 23, 2010 -52- Item V-J.1 a/b/c/d/e. ORDINANCES/RESOLUTIONS ITEM # 60440 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinances re COMPENSATION a. City Manager b. City Attorney c. City Clerk d. City Real Estate Assessor e. City Auditor Voting.• 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Vice Mayor Louis R. Jones, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Mayor William D. Sessoms, Jr., John E. Ulirin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 23, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 AN ORDINANCE PERTAINING TO THE COMPENSATION OF THE CITY MANAGER WHEREAS, City Council has evaluated the performance of the City Manager; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the annual salary of the City Manager shall remain at $219,715.07. 2. That the City's contribution to the City Manager's deferred compensation plan shall remain at $20,500 annually. 3. That the car allowance of the City Manager shall remain at $12,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rd day of November , 2010. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's ice CA 11634 R-1 October 13, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 AN ORDINANCE PERTAINING TO THE COMPENSATION OF THE CITY ATTORNEY WHEREAS, City Council has evaluated the performance of the City Attorney; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the salary of the City Attorney shall remain at $185,000. 2. That the City's contribution to the City Attorney's deferred compensation plan shall remain at $10,000 annually. 3. That the car allowance of the City Attorney shall remain at $10,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rd day of 1Vovember , 2010. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offic CA11633 R-1 October 13, 2010 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE PERTAINING TO THE COMPENSATION OF THE CITY CLERK WHEREAS, City Council has evaluated the performance of the City Clerk; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the salary of the City Clerk shall remain at $104,075.74. 2. That the car allowance of the City Clerk shall remain at $10,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rd day of November °. , 2010. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offi CA11631 R-1 October 13, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 AN ORDINANCE PERTAINING TO THE COMPENSATION OF THE CITY REAL ESTATE ASSESSOR WHEREAS, City Council has evaluated the performance of the City Real Estate Assessor; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the salary of the City Real Estate Assessor shall remain at $120,683.77. 2. That the City shall continue to contribute $4,000 to the City Real Estate Assessor's deferred compensation plan. Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rd day of NnvPmhPr , 2010. APPROVED AS TO LEGAL SUFFICIENCY: ~~ - City Attorney's Offi CA11630 R-1 October 13, 2010 1 2 3 4 5 6 7 8 9 10 11 12 AN ORDINANCE PERTAINING TO THE COMPENSATION OF THE CITY AUDITOR WHEREAS, City Council has evaluated the performance of the City Auditor; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the salary of the City Auditor shall remain at $96,000. 2. That the car allowance of the City Auditor shall remain at $6,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rd day of November , 2010. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offic CA11632 R-1 October 13, 2010 -53- Item T~ J.2.a/b. ORDINANCES/RESOLUTIONS ITEM # 60441 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinances to ACCEPT and APPROPRIATE: a. $357, 817 of State reimbursements to the FY 2010-11 Technology Trust Fund of the Clerk of the Circuit Court b. $45, 000 from the Oyster Heritage Trust Fund to the FY 2010-11 Operating Budget of the Department of Planning and Community Development re increasing oyster habitat in the Lynnhaven River watershed and continuing the Oyster Shell Recycling Program Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Vice Mayor Louis R. Jones, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 23, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE REIMBURSEMENTS TO THE CLERK OF THE CIRCUIT COURT'S FY 2010-11 TECHNOLOGY TRUST FUND WHEREAS, the Clerk of the Circuit Court has been approved $357,817 of reimbursements from the Virginia Compensation Board for technology purposes. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $357,817 of state reimbursements is accepted and appropriated, with state revenues increased accordingly, to the Clerk of the Circuit Court's FY 2010-11 Technology Trust Fund. Adoated by the Council of the City of Virginia Beach, Virginia on the 23rd day Of November , 2010. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services ey's Office CA11743 R-2 November 5, 2010 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE OYSTER HERITAGE TRUST FUND BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $45,000 is hereby appropriated from the Oyster Heritage Trust Fund to the FY 2010-11 Operating Budget of the Department of Planning and Community Development for increasing oyster habitat in the Lynnhaven River watershed and continuing the Oyster Shell Recycling Program, with estimated revenue from the fund balance of the Oyster Heritage Trust Fund increased accordingly. Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rdday of iVovember , 2010. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT a. ~ ~ Management Services APPROVED AS TO LEGAL SUFFICIENCY: y's Office CA11747 R-2 November 10, 2010 -54- Item V-J.3.a/b. ORDINANCES/RESOLUTIONS ITEM # 60442 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinances to TRANSFER: a. $362, 001 from the 2008 State Homeland Security Grant funds to the FY 2010-11 Operating Budget and $664 within the FY 2010-I1 Operating Budget of the Police Department re the purchase of a self- contained mobile command vehicle b. $140,300 within the Energy Efficiency and Conservation Block Grant to Public Works re acquiring energy management software Voting: I1-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Vice Mayor Louis R. Jones, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None November 23, 2010 1 2 3 4 5 6 7 8 9 10 11 12 AN ORDINANCE TO APPROVE A TRANSFER OF APPROPRIATIONS WITHIN THE 2008 STATE HOMELAND SECURITY GRANT PROGRAM BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. $362,001 in 2008 State Homeland Security Grant funds, is hereby transferred within the FY 2010-11 Operating Budget of the Police Department for the purpose of purchasing aself-contained mobile command vehicle; and 2. $664 is hereby transferred within the FY 2010-11 Operating Budget of the Police Department to cover the cost difference between remaining grant funds and the quoted cost to purchase aself-contained mobile command vehicle. Adopted by the Council of the City of Virginia Beach, Virginia on the 23rd day of November 2010. Approved as to Content: ~~ ~ . Management Services Approved as to Legal Sufficiency: y o ey's Office CA11746 R-2 November 10, 2010 1 2 3 4 5 6 7 8 9 AN ORDINANCE TO TRANSFER FUNDS WITHIN THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $140,300 is hereby transferred within the Energy Efficiency and Conservation Block Grant for the purpose of acquiring energy management software. Adopted by the Council of the City of Virginia Beach, Virginia on the 23rd day of November 2010. Approved as to Content: ~:~ ~~ Managemen Services Approved as to Legal Sufficiency: rney s Office CA11748 R-2 November 10, 2010 -55- Item -V-K. PLANNING 1. MARK COOKS 2. MARK and CHRISTINE ZAPPERNICK 3. CHRISTOPHER SCAGLIONE 4. POINT-TO-PDINT/MCRJERS II, LLC ITEM # 60443 S. CHUNMA TAE KWONDO/MOUNTAIN VENTURES VIRGINIA BEACH, LLC 6. TIRE EXPRESS OF NORTH AMERICA/ PAUL PAVANO 7. NEW CINGULAR WIRELESS PCS, LLC/ VIRGINIA BEACH SCHOOL BOARD 8. C & C DEVELOPMENT COMPANY, INC. NONCONFORMING USE STREET CLOSURE CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING November 23, 2010 -56- Item -V-K. PLANNING ITEM # 60444 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items 1 (REVISED RESOLUTION CONDITIONS), 2, 3, 4, S, 6, and 8 of the PLANNING, BY CONSENT AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Vice Mayor Louis R. Jones, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Council Members Henley and Diezel voted a VERBAL NAY on (Item K 2 CHRISTINE ZAPPERNICK) November 23, 2010 -57- Item -V-K.1. PLANNING ITEM # 60445 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED/REVISED CONDITIONS/ELEVATION, BY CONSENT, Resolution upon application of MARK COOKS for a Noncon orming Use to replace a garage apartment with a single family dwelling at 6102 Oceanfront Avenue. (GPIN 2419820281) DISTRICT S - LYNNHAVEN Resolution Authorizing the Change of a Nonconforming Use on Property Located at 6102 Oceanfront Avenue for MARK COOKS, 6102 Oceanfront Avenue (GPIN 2419820281) DISTRICT S - LYNNHAVEN The following conditions shall be required: 1. The location of the proposed dwelling shall substantially conform to the submitted plan entitled "NON-CONFORMING USE EXHIBIT FOR COOKS RESIDENCE #6102 OCEAN FRONT AVENUE, VIRGINIA BEACH, VIRGINIA ", dated August 8, 2010, prepared by WPL Landscape Architecture Land Surveying Civil Engineering. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed dwelling shall be constructed substantially in accordance with the submitted elevations building sections entitled "Cooke Beach Cottage 6102 Ocean Front Avenue, Virginia Beach, VA, 23451 ", dated 6/8/10, prepared by Hopke & Associates, Inc., Architecture/Planning/Interiors. Said elevations building sections have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 3. Proposed building materials shall consist of hardi plank siding and cedar shake shingles. All windows shall be vinyl and railings shall be vinyl wrapped. Roofing shingles shall be architectural grade quality. 4. The new dwelling depicted on the submitted plan and elevation will not be available for short-term leasing or rental. No rental, lease or sublease of the dwelling, or any part thereof, is permitted for any lease, rental or occupancy term less than twelve (12) consecutive calendar months. S. With the exception of a small light inside the depicted outdoor shower, no exterior lighting will be allowed on the North or East sides of the new dwelling. 6. Demolition of the existing structure and exterior construction of the new unit shall only occur between September S and May 30, provided however, if due to circumstances beyond the owner's control, exterior construction is not completed as of May 30, an additional fifteen (1 S) days (i. e. until June 1 S) may be utilized for exterior construction. November 23, 2010 -58- Item -V-K.1. PLANNING Voting: I1-0 (By Consent) Council Members Voting Aye: ITEM # 60445 (Continued) Rita Sweet Bellitto, Glenn R. Davis, Vice Mayor Louis R. Jones, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None November 23, 2010 REVISED RESOLUTION 1 A RESOLUTION AUTHORIZING THE 2 RECONSTRUCTION AND CONVERSION OF A 3 NONCONFORMING USE ON PROPERTY 4 LOCATED AT 6102 OCEANFRONT AVENUE 5 6 7 WHEREAS, Mark Cooke, (hereinafter the "Applicant") has made application to 8 the City Council for authorization to reconstruct and convert a nonconforming use 9 having the address of 6102 Oceanfront Avenue, in the R-5R Residential District, by 10 demolishing a garage apartment and reconstructing asingle-family dwelling on the 11 parcel; and 12 13 WHEREAS, the garage apartment is nonconforming as it not a use allowed in the 14 R-5R Zoning District; and 15 16 WHEREAS, the garage apartment was constructed prior to the adoption of the 17 applicable regulations; and 18 19 WHEREAS, the nonconforming garage apartment will be demolished and the 20 garage apartment will be converted and reconstructed as asingle-family dwelling, which 21 single-family dwelling is also not allowed in the R-5R Zoning District as there is already 22 asingle-family dwelling on the parcel; and 23 24 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 25 reconstruction and conversion of a nonconforming use is unlawful in the absence of a 26 resolution of the City Council authorizing such action upon a finding that the proposed 27 use, as reconstructed and converted, will be equally appropriate or more appropriate to 28 the zoning district than is the existing use; 29 30 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH, VIRGINIA: 32 33 That the City Council hereby finds that the proposed use, as reconstructed and 34 converted will be equally appropriate to the district as is the existing use under the 35 conditions of approval set forth hereinbelow. 36 37 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 38 BEACH, VIRGINIA: 39 40 That the reconstruction and conversion of the nonconforming use is hereby 41 authorized, upon the following conditions: 42 43 1. The location of the proposed dwelling shall substantially conform to the 44 submitted plan entitled "NON-CONFORMING USE EXHIBIT FOR 45 COOKE RESIDENCE #6102 OCEAN FRONT AVENUE, VIRGINIA 46 BEACH, VIRGINIA", dated August 8, 2010, prepared by wpl Landscape 47 Architecture Land Surveying Civil Engineering. Said plan has been 48 exhibited to the Virginia Beach City Council and is on file in the 49 Planning Department. 50 51 2. The proposed dwelling shall be constructed substantially in accordance 52 with the submitted elevations building sections entitled "Cooke Beach 53 Cottage 6102 Ocean Front Avenue, Virginia Beach, VA, 23451 ", dated 54 6/8/10, prepared by Hopke & Associates, Inc., Architecture /Planning / 55 Interiors. Said elevations building sections have been exhibited to the 56 Virginia Beach City Council and are on file in the Planning Department. 57 58 3. Proposed building materials shall consist of hardi-plank siding and 59 cedar shake shingles. All windows shall be vinyl and railings shall be 60 vinyl wrapped. Roofing shingles shall be architectural grade quality. 61 62 63 4. The new dwelling depicted on the submitted plan and elevation will not 64 be available for short-term leasing or rental. No rental, lease or sub- 65 lease of the dwelling or any part thereof is permitted for any lease, 66 rental or occupancy term than less twelve (12) consecutive calendar 67 months. 68 69 5. With the exception of a small light inside the depicted outdoor shower, 70 no exterior lighting will be allowed on the north or east sides of the new 71 dwelling. 72 73 6. Demolition of the existing structure and exterior construction of the new 74 unit shall only occur between September 5 and May 30, provided 75 however, if due to circumstances beyond the owner's control, exterior 76 construction is not completed as of May 30, an additional fifteen (15) 77 days (i.e. until June 15) may be utilized for exterior construction. 78 79 80 Adopted by the Council of the City of Virginia Beach, Virginia, on the ~3~ day 81 of November , 2010. APPROVED TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~ Planni g Departure t City Attorney's Office CA1174~ / R-2 / Nove?~hber 23, 2010 -59- Item -V-K.2. PLANNING ITEM # 60446 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance upon application of MARK and CHRISTINE ZAPPERNICK for the closure of an unimproved, unnamed street between Lots 13 and 14, Avalon Hills at Barkwood Court and Richland Drive. (GPINs 1456935054; 1456935262) DISTRICT 1- CENTERVILLE The following conditions shall be required: 1. The City Attorney's Ojfce will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, " approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicants shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicants shall verb that no private utilities exist within the right-of--way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of--way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of--way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one (1) year of the City Council vote to close the right-of--way, this approval shall be considered null and void. S. A plat providing a drainage easement shall be reviewed and approved by the City of Virginia Beach Public Works Department during detailed site plan review. November 23, 2010 -60- Item V-J.2. PLANNING ITEM # 60446 (Continued) Voting: 9-2 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Robert M. Dyer, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Harry E Diezel and Barbara M. Henley Council Members Absent: None November 23, 2010 1 ORDINANCE APPROVING APPLICATION OF MARK 2 AND CHRISTINE ZAPPERNICK FOR THE 3 CLOSURE OF THE UNIMPROVED, UNNAMED 4 STREET BETWEEN LOTS 13 AND 14, AVALON 5 HILLS 6 7 WHEREAS, Mark Zappernick and Christine Zappernick (the "Applicant") 8 applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter 9 described unimproved street discontinued, closed, and vacated; and 10 11 WHEREAS, it is the judgment of the Council that said unimproved, 12 unnamed street be discontinued, closed, and vacated, subject to certain conditions 13 having been met on or before one (1) year from City Council's adoption of this 14 Ordinance; 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 17 Virginia Beach, Virginia: 18 1 g SECTION I 20 21 That the hereinafter described unimproved, unnamed street be 22 discontinued, closed and vacated, subject to certain conditions being met on or before 23 one (1) year from City Council's adoption of this ordinance: 24 25 All that certain piece or parcel of land situate, lying and being 26 in the City of Virginia Beach, Virginia, designated and 27 described as "UNNAMED STREET (50' R/W) AS SHOWN 28 IN M.B. 49, PG. 48 TO BE CLOSED", and also described as 29 "SHADED AREA INDICATES EXISTING RIGHT-OF-WAY 30 TO BE CLOSED (6,043 SQ. FT. OR 0.1387 AC.)," shown as 31 the shaded area on that certain plat entitled: "EXHIBIT 32 SHOWING UNNAMED STREET AS SHOWN ON PLAT OF 33 AVALON HILLS TO BE CLOSED VIRGINIA BEACH, 34 VIRGINIA" Scale: 1" = 30', dated: 03/24/2010 and revised 35 through July 20, 2010, prepared by Rood Land Surveying, 36 P.C., a copy of which is attached hereto as Exhibit "A". 37 38 39 40 41 42 43 44 GPINS: 1456-93-5262, 1456-93-5054 and 1456-93-5127 i 45 SECTION II 46 47 The following conditions must be met on or before one (1) year from City 48 Council's adoption of this ordinance: 49 50 1. The City Attorney's Office will make the final determination regarding 51 ownership of the underlying fee. The purchase price to be paid to the City shall be 52 determined according to the "Policy Regarding Purchase of City's Interest in Streets 53 Pursuant to Street Closures," approved by City Council. Copies of said policy are 54 available in the Planning Department. 55 56 2. The applicant shall resubdivide the property and vacate internal lot 57 lines to incorporate the closed area into the adjoining parcels. The resubdivision plat 58 must be submitted and approved for recordation prior to final street closure approval. 59 Said plat must include the dedication of a drainage easement to the City of Virginia 60 Beach, subject to the approval of the Department of Public Works and the City 61 Attorney's office, which easement shall include a right of reasonable ingress and 62 egress. 63 64 3. The applicant shall verify that no private utilities exist within the right-of- 65 way proposed for closure. Preliminary comments from the utility companies indicate 66 that there are no private utilities within the right-of-way proposed for closure. If private 67 utilities do exist, the applicant shall provide easements satisfactory to the utility 68 companies. 69 70 4. Closure of the right-of-way shall be contingent upon compliance with 71 the above stated conditions within one (1) year of approval by City Council. If all 72 conditions noted above are not in compliance and the final plat is not approved within 73 one (1) year of the City Council vote to close the street, this approval will be considered 74 null and void. 75 76 SECTION III 77 78 1. If the preceding conditions are not fulfilled on or before November 22, 79 2011, this Ordinance will be deemed null and void without further action by the City 80 Council. 81 82 2. If all conditions are met on or before November 22, 2011, the date of 83 final closure is the date the street closure ordinance is recorded by the City Attorney. 84 85 3. In the event the City of Virginia Beach has any interest in the 86 underlying fee, the City Manager or his designee is authorized to execute whatever 87 documents, if any, that may be requested to convey such interest, provided said 88 documents are approved by the City Attorney's Office. a 89 90 91 92 93 94 95 96 97 98 SECTION IV A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor" and MARK ZAPPERNICK and CHRISTINE ZAPPERNICK, as "Grantee." Adopted by the Council of the City of Virginia Beach, Virginia, on this 23rd day Of November , 2010. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. CA11409 V:\applications\citylawprod\cycom32\Wpdocs\D005\P009\00078974.DOC R-1 November 10, 2010 APPROVED AS TO CONTENT: ~~ ~~ ~ ~~ Lucia G. W itlow, Associate City Attorney 3 APPROVED AS TO LEGAL SUFFICIENCY: 7_ c ~~ E .. t.' .... _~ k >4 » 3. ~k~ ;. F . ~.- -t ' , i,;, yh~~53, vj 14.. N 12'44' 10" E BIT "A" C~ $ 49 pG. 48) ~ic~L~,~~ ®~ivE (50' R/W) (M.B. 49, PG. 48; V.B.) .,.. N 12°44'10° E 70.00' .., OQ ~4. ,~~. ,~~• `~~. EXISTING R/W LINE CO C7 O T LOT 14 AVALON HILLS (M.B. 49, PG. 48) GPIN: 1456-93-5054 - EXIST. i0' DRAINAGE ESMT. (REF: M.B. 49, PG, 48} 5 12'44'10" W ------ - - - - - - - EX15T. 10` DRAINAGE ESMT (REF: M.B. 89, PG. 43} ~ LOT 9 BLOCK B, PLAT OF CEDAR HILL SUBDIVISION SECTION ONE (M.B. 89, PG. 43) GPIN: 1456-93-6060 EXHIBIT SHOWING UNNAMED STREET AS SHOWN ON PLAT OF AVALON HILLS TO BE CLOSED VIP,GINIA BEACH, VIRGINIA REVISED: 07/20/2010 REVISED: D7/15/2010 ~~~~ ~^..50.00'.`! ~. w ~ :: - ' o~: . .. - ::~i,i1.:_., o .::... . .. o. .:.:.:...~_ ... ~. ~E- ~ ~ :, :..:. ,. Q~~(>. ~;.; .Qv o... . ~ Z : ' ,._...~: .- ' ~ . ~.: ... f-. ... : :. : ,. z .:.: o :.:.::~~: .. . ~. : ~:.: ;.. r... ~~: ~ ~~ ' ~:. ~:~~_50.00' _ _ . S 12°44'10° W ~ N 12'44'10° E 35.00 '~-~ ~ti c~- ,~ ~ ~~ ¢ ~ ~ ~~ ~~ ~,~~~45.00' - - S 12"44'10° W ~`-- EXISTING R/W LINE LOT 13 ~ AVALON HILLS GPIN: i 456-93-5262 1--- S 12"44'10" W-- n ~, o ~ ~~ ~ c~S~~U~~O rn- Z ~~ Cp ~, ~ N o o~ 2 -~ '~ G -o yo 'O t~ri b `~ s® ~v4. w ~ p ~, c0 ~ ~~*- ~~ ~ LEGEND: SHADED AREA INDICATES EXISTING RIGHT-OF-WAY TO BE CLOSED (6,043 SQ.FT. OR 0.1387 AC.) LANOu~ D P.C. GRAPHIC SCALE 0 15 30 60 90 ISCA~E: 1"=30' ~DRAINN BY: W.W.L. 6737 BARTEE STREET TEL:(757)466-1111 DACE: 03 24 2010 CHECKED BY: A.L.R. NdRFdLK, VA. 23502 FAX: 757 466-93$4 JOB NC. 61,497 SHEE- 1 CAF 1 • ~ ~~ ~ ~ '~V ~ ~, L11 H W ~~ ~ ti ~ ~ ~ ~, ~_ ~, ~ ~ ~ p~ ~ ~ ~ ~ ~~~~ST _~ ~ ~ ~~ ~~ p ~ ~1 • ~ ~ ~~ .~ , ~ t ~ ~ ~ 5 ~~ . ~•+ ~ ~~ ~ ~ $~~~CiC~~~~ ~ 1 ~ ~~ ~ ~ ~S ~ ~ ~ ~~ 4 ~ 4 ~ ~ p ~ ~ ~, ~' - ~ ~ ~~. ~ ~ ~ Q ~ ~ ~~ ~~ ~-~_ ~~~ a~v~-,~~i~ ~~ L ~~ -~ ~~ z ~~ _ ~ ~ a ~ ~~ ~ ~ ~ _~ a ~ ~ ~~ ~ J~~I 0 ~ ~ L P~ -61 - Item -V-K.3. PLANNING ITEM # 60447 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance upon application of CHRISTOPHER SCAGLIONE for a Conditional Use Permit re a community pier at 416 Caspian Avenue, Lake Rudee. (GPIN 2427024278) DISTRICT 6 -BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CHRISTOPHER SCAGLIONE for a Conditional Use Permit re a community pier at 416 Caspian Avenue, Lake Rudee. (GPIN 2427024278) DISTRICT 6 -BEACH 80111037444 The following conditions shall be required: 1. Permits shall be secured from all appropriate regulatory agencies through the Joint Use Permit application process prior to any development or construction of the pier, ramp or floating dock. 2. The use of the non-commercial community pier, ramp and floating dock shall be limited to the private use of the lot at 416 Caspian Avenue (GPIN 2427023289) for boating and recreational purposes only. 3. The boat dock shall be constructed as shown on the plan entitled "PROP: PIER, FLOAT, RAMP IN.• Lake Rudee at.• 416 CASPIANAVENUE VIRGINIA BEACH, VA 23451, prepared by Waterfront Consulting, Inc., dated 2-I 5-2010, or as may be modified by the Joint Permit Application Permit. 4. No commercial use of the dock shall be permitted. S. There shall be no on-site storage or dispensing of petroleum products from this property. 6. There shall be no structures or boatlifts on any portion of the pier. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-third of November, Two Thousand Ten November 23, 2010 -62- Item -V-K.3. PLANNING Voting: 11-0 (By Consent) Council Members Voting Aye: ITEM # 60447 (Continued) Rita Sweet Bellitto, Glenn R. Davis, Vice Mayor Louis R. Jones, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 23, 2010 -63- Item -V-K.4. PLANNING ITEM # 60448 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance upon application of POINT-TO-POINT/MCRJERS II, LLC for a Conditional Use Permit re motor vehicle rentals at Suite 108, 5393 Wesleyan Drive. (GPIN 1468649438). DISTRICT 4 - BAYSIDE, BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of POINT-TO-POINT/MCRJERS II, LLC for a Conditional Use Permit re motor vehicle rentals at Suite 108, 5393 Wesleyan Drive. (GPIN 1468649438). DISTRICT 4 - BAYSIDE 80111037445 The following conditions shall be required: 1. The hours of operation shall be between 7.• 00 AM until 7.• 00 PM, Monday through Saturday. 2. There shall be no on-site washing, detailing or maintenance of any motor vehicles. 3. There shall be no vehicle repair performed on this site. There shall be no storage of inoperable, wrecked or dismantled vehicles on this site. 4. There shall be no signs placed within the windows or on the doors of the rental vehicles. There shall be no pennants, banners, streamers or portable signs placed on the site or on the vehicles. 5. No paging system shall be permitted. 6. No more than a total of six (6) motor vehicles or trailers for rent shall be allowed on the site at any one time. Rental trucks and trailers shall be parked in the area on the site that has been designated on the submitted site plan. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-third of November, Two Thousand Ten November 23, 2010 -64- Item -V-K.4. PLANNING Voting: 11-0 (By Consent) Council Members Voting Aye: ITEM # 60448 (Continued) Rita Sweet Bellitto, Glenn R. Davis, Vice Mayor Louis R. Jones, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 23, 2010 -65- Item V-K. S. PLANNING ITEM # 60449 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance upon application of CHUNMA TAE KWON DO/MOUNTAIN VENTURES VIRGINL4 BEACH, LLC for a Conditional Use Permit re an indoor recreational facility at 3300 Princess Anne Road (GPIN 1485908202) DISTRICT 7 -PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CHUNMA TAE KWON DO/MOUNTAIN VENTURES VIRGINIA BEACH, LLC for a Conditional Use Permit re an indoor recreational facility at 3300 Princess Anne Road (GPIN 1485908202) DISTRICT 7 -PRINCESS ANNE 80111037446 The following condition shall be required: 1. The applicant shall obtain all necessary permits and inspection from the Planning Department/Permit and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-third of November, Two Thousand Ten Voting.• 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Vice Mayor Louis R. Jones, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None November 23, 2010 -66- Item V-K.6. PLANNING ITEM # 60450 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance upon application of TIRE EXPRESS OF NORTHAMERICA/PAUL PAVANO for a Conditional Use Permit re auto repair at 146 South Rosemont Road and Hilber Street (GPIN 1487633173) DISTRICT 3 -ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of AMERICA/PAUL PAVANO for a repair at 146 South Rosemont 1487633173) DISTRICT 3 -ROSE HALL The following conditions shall be required: TIRE EXPRESS OF NORTH Conditional Use Permit re auto Road and Hilber Street (GPIN 80111037447 1. The entrance on South Rosemont Road closest to the intersection of Hilber Street and South Rosemont Road shall be permanently closed. This closure shall entail removal of the concrete apron and the installation of curb and gutter or the installation of permanent planter containers, as deemed appropriate by the Development Services Center. 2. Traffic circulation shall be as depicted on the layout plan entitled, "Tire Express of North America, 09/02/2010 CUP Drawings, "dated September 30, 2010. Striping shall be installed to ensure safe movement of vehicles on and off the site, prior to issuance of a Certificate of Occupancy. 3. No tires for sale, merchandise or parts shall be displayed or stored outside. 4. All parking spaces required by the City Zoning Ordinance must be marked by painted striping on the side, including handicap spaces, in accordance with the Americans with Disabilities Act (ADA). The restriping of the parking lot and possible repaving, or sealing, may be necessary. This condition shall be fulfilled prior to issuance of a Certificate of Occupancy. S. Landscape improvements to the site, at a minimum, shall be as follows: Twenty four (24) inch evergreen shrubs shall be planted along Hilber Street and along South Rosemont Road in order to form a low, continuous, evergreen hedge; plant material at the corner shall be a mix of medium and small evergreen shrubs. Said landscaping shall be depicted on a Landscape Plan and reviewed and approved by the Planning Department and installed prior to issuance of a Certificate of Occupancy. 6. Any free-standing sign shall be monument style and no higher than eight (8) feet. 7. No signage shall be permitted on the building other than as depicted on the elevation entitled, "Tire Express of North America, "dated 09/02/2010. The existing vinyl lettering on the storefront glass shall be removed prior to issuance of a Certificate of Occupancy. November 23, 2010 -67- Item V-K.6. PLANNING ITEM # 60450 (Continued) 8. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded and focused away from adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 9. A solid privacy fence, at least six (6) feet in height, shall be maintained along the eastern property line. This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-third of November, Two Thousand Ten Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Vice Mayor Louis R. Jones, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.• None Council Members Absent: None November 23, 2010 -68- Item V-K. 7. PLANNING ITEM # 60451 Attorney Leigh Ann Bowling, Esquire, represented Sylvan Lakes Homeowners Association, 1604 Hilltop West, Executive Center Suite 319, Phone: 227-5426, referenced her a-mails and petition in Opposition. She understood, based on the Telecommunications Act, a Health Risk is not considered when making these types of decisions. Ms. Bowling considered this a "quality of life "issue in Virginia Beach. Ms. Bowling displayed a map prepared by City Staff concerning location of cell towers throughout the City Lisa Murphy, Attorney at Law - LeClair Ryan, 283 Constitution Drive, Suite 525, Phone: 217-4537, represented the applicant and referenced her e-mail attaching a copy of the statement from the RF Engineer who performed testing at her office and next to the existing Sprint/Nextel tower at First Colonial High School on November 10, 2010. RF emissions in her office on the S`" Floor at One Columbus Center were two times higher than RF emissions detected at the base of and around the existing Spring/Nextel light pole replacement tower. In each case, emissions were orders of magnitude below limits set by the Federal Communications Commission (FCC). Information relative AT&T is hereby made a part of the record Ms. Murphy offered to provide annual reports confirming that the tower is fully compliant with the Federal RF emissions requirements. Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of NEW CINGULAR WIRELESS PCS, LLC/[~IRGINIA BEACH SCHOOL BOARD for a Conditional Use Permit re a communication tower at 1272 Mill Dam Road and Wivenhoe Way. (GPIN 2408577054) DISTRICT S -LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of NEW CINGULAR WIRELESS PCS, LLC/VIRGINIA BEACH SCHOOL BOARD for a Conditional Use Permit re a communication tower at 1272 Mill Dam Road and Wivenhoe Way. (GPIN 2408577054) 80111037448 DISTRICT S -LYNNHAVEN The following conditions shall be required: 1. The lease area shall be developed substantially in accordance with the submitted plan entitled "First Colonial High School Site No. NF303B 1272 Mill Dam Road, Virginia Beach, VA 23454 ", dated 08/12/09, and as revised 05/27/10, prepared by MSA, P. C. Said plan has been exhibited to the Virginia Beach City Council and is on frle in the Planning Department. 2. In the event interference with any City emergency communications facilities arises from the user(s) of this tower, the applicant shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within seven (7) days, the applicant shall cease operation to the extent necessary to stop the interference. 3. In the event that antennas on the tower, and/or the tower, are inactive for a period of one (1) year, the tower shall be removed at the applicant's expense. November 23, 2010 -69- Item V-K. 7. PLANNING ITEM # 60451 (Continued) This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-third of November, Two Thousand Ten Voting: 10-1 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Vice Mayor Louis R. Jones, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Barbara M. Henley Council Members Absent: None November 23, 2010 -~o- Item V-K.8. PLANNING ITEM # 60452 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance upon Application of C & C DEVELOPMENT COMPANY, INC. for a Chan e o Zoning District Classi rcation from A-12 Apartment to Conditional R-SS Residential Single Family between 802 and 82816`" Street (GPIN 2417858911). DISTRICT 6 -BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of C & C DEVELOPMENT COMPANY, INC. for a Change o,~ Zoning District Classi rcation from A-12 Apartment to Conditional R-SS Residential Single Family between 802 and 828 16`" Street (GPIN 2417858911). DISTRICT 6 -BEACH 2011101242 The following condition shall be required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 107 (fi of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-third of November, Two Thousand Ten Voting.• 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry Barbara M. Henley, Mayor William D Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Vice Mayor Louis R. Jones, E. Diezel, Robert M. Dyer, . Sessoms, Jr., John E. Uhrin, November 23, 2010 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-7804 TO: Mark D. Stiles FROM: B. Kay Wilso DATE: November 9, 2010 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; C & C Development Company, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on November 23, 2010. I have reviewed the subject proffer agreement, dated June 30, 2010 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen/ C and C DEVELOPMENT COMPANY, INC., a Virginia corporation TRUSTEES OF NEW CALVARY BAPTIST CHURCH TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 30~ day of June, 2oio, by and between C and C DEVELOPMENT COMPANY, INC., a Virginia corporation, Grantor, party of the first part; TRUSTEES OF NEW CALVARY BAPTIST CHURCH, Grantor, party of the second part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, parry of the third part. WTTNESSETH: WHEREAS, the party of the second part is the owner of a certain parcel of property located in the Beach District of the City of Virginia Beach, containing approximately 3600 square feet which is-more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the "Property"; and WHEREAS, the party of the first part, being the contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from A-12 Apartment District to Conditional R5-S Residential District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 24i~-85-8gii Prepared By: R Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 28i Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 PREPARED BY: SYit£S. ~301JRDON. ~ All£RN & LEVY. P.C. WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognizE~ the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running.with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors vi PREPARED BY: SYK£S, BOURDON. l~ :~I£RN & L£VY. P.c. interest or title: i. When the Property is developed, it shall be developed as a single family dwelling with a minimum front yard setback of 25 feet, substantially as shown on the exhibit entitled "16~ STREET HOME -SITE LAYOLT'T", prepared by VB Homes, dated June 2, 2oicy, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2. The architectural design and exterior building materials of the single family dwelling depicted on the Site Plan will be as depicted on the exhibit entitled, "i6~ STREE'T' HOME -FRONT ELEVATION", prepared by VB Homes, dated June 2, 2oio, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beac:~ Department of Planning (hereinafter "Elevation"). 2 3. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to R-5S District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section i5.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (i) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate PREPARED BY: SYIC~S. BOURDON. ~~ ~I~RN & L~.VY, I.C. action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; - 3 (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (q.) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions maybe made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. PREPARED BY: SYICES. ~OURI )ON. AIItRN & LEVY. P.C. 4 WITNESS the following signature and seal: Grantor: C and C Development Company, Inc., a Virginia corporation By; ~ (SEAL) Christopher . Ettel, President PREPARED BY: . SYKES. BOURD~N. AA~RN & LRVY, P.C. STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was aclrnowledged before me this ~~ day of July, 2oio, Christopher J. Ettel, President of C and C Development Company, Inc., a Virginia corporation, Grantor. ,~ ~~ 7 Notary Public My Commission Expires: August 3i, 2oio Notary Registration No.: 192628 WITNESS the following signature and seal: Grantor: Trustees of New Calvary Baptist Church ~~'~ ~sEAI~~ By: lumbus Grant, Trustee Chairman of the Board of Trustees STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was aclaiowledged before me this 30~ day of June, 2oio, by Columbus Grant, Chairman of the Board of Trustees of New Calvary Baptist Church, Grantor. ._ f l C• Notary Public ~pM!~,,,_ PREPARED BY: .: SYKtS, ~OURDON, 6~ AtI~N & LEVY, ~.C. My Commission Expires: August 3i, 2010 Notary Registration No.: 192628 EXHIBIT "A" ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot 15, Block ~, as shown on that certain plat entitled "The Atlantic Investment Co. of Norfolk, Va.", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 55, at Page 33• GPIN: 24i~-85-8911 \\Sykesw2k\users\AM\ConditionalRezoning\C and C Development\i6th Street\Proffer.doc PREPARED BY: S1'K~S. BOURL)ON. ~ AlII:RN & LFV}'. P.C. -~i - Item V-L.1. APPOINTMENTS ITEM # 60453 City Council RESCHEDULED, BY CONSENSUS the following Appointments: ENERGYADVISORY COMMITTEE RESORT ADVISORY COMMISSION TIDEWATER YOUTH SERVICES COMMISSION VIRGINIA BEACH TOMORROW COMMISSION November 23, 2010 -72- Item V-L.2. APPOINTMENTS ITEM # 60454 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Thomas H. Atherton, III Ruth W. Bell C. Gregory Johnson Jimmie A. Roch Morton H. Savell Gary Smith Michael G. Swindell James S. Witcher William M. Davenport Chris Ettel Richard C. Hudson, III Mark Ricketts -Alternate Kenneth Rodman, Jr. Rick Savino Robert L. Yoder Travis Chick Richard S. Corner Peter C. Stiffler James D. Wells two (Z) year term - 01/01/2011-12/31/2012 BOARD OF B UILDING CODE APPEALS Voting: 11-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Vice Mayor Louis R. Jones, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 23, 2010 - 73 - Item V-1.3. APPOINTMENTS ITEM # 60455 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Richard E. Garriott, Jr. five (S) year term - 01/01/2011-12/31/201 S BOARD OF ZONING APPEALS Voting: 11-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Vice Mayor Louis R. Jones, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 23, 2010 -74- Item V-L4. APPOINTMENTS ITEM # 60456 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Michael H. Levinson three (3) year term - 01/01/2011-12/31/2013 CHESAPEAKE BAYPRESERVATIONAREA BOARD Voting: 11-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Vice Mayor Louis R. Jones, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 23, 2010 -~s- Item [~ LS. APPOINTMENTS ITEM # 60457 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Marianne Dyson two (2) year term - 01/01/2011-12/31/2012 COMMUNITY POLICY and MANAGEMENT TEAM - CSA Voting.• 11-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Vice Mayor Louis R. Jones, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 23, 2010 -76- Item V-L6. APPOINTMENTS ITEM # 60458 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Brian Baldwin -Consumer Diane Jones -Family Sharon Slipow -Family (three) 3 year term - 01/01/2011-12/31/2013 COMMUNITY SERVICES BOARD Voting: 11-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Vice Mayor Louis R. Jones, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.• None Council Members Absent: None November 23, 2010 -~~- Iterre V-L 7. APPOINTMENTS ITEM # 60459 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Warren Harris Donald Y. Jellig Stephen R. Romine William D. Sessoms, Jr. Dorothy Wood one (1) year term - 01/01/2011-12/31/2011 HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE Voting: 11-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Vice Mayor Louis R. Jones, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None November 23, 2010 -~a- Item V-L8. APPOINTMENTS ITEM # 60460 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Trey White, DDS unexpired term thru 03/31/2013 HEALTH SERVICES ADVISORY BOARD Voting: 11-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Vice Mayor Louis R. Jones, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None November 23, 2010 -79- Item V-L9. APPOINTMENTS ITEM # 60461 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Glen Carwell Vicki Harvey Patrick McAtamney Bernice Pope three (3) year term - 01/01/2011-12/31/2013 HISTORIC PRESERVATION COMMISSION Voting: 11-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Vice Mayor Louis R. Jones, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 23, 2010 -80- Item V-L10. APPOINTMENTS ITEM # 60462 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Dr. Agnes Moon unexpired term thru 03/31/2012 HUMAN RIGHTS COMMISSION Voting: 11-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Vice Mayor Louis R. Jones, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 23, 2010 -81- Item V-LII. APPOINTMENTS ITEM # 60463 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: James R. Bergdoll three (3) year term - 01/01/2011-12/31/2013 PENDLETON CHILD SERVICES MANAGEMENT BOARD Voting: 11-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Vice Mayor Louis R. Jones, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 23, 2010 -82- Item V-L12. APPOINTMENTS ITEM # 60464 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: AND, APPOINTED Voting.• 11-0 Council Members Voting Aye: Donald H. Horsley -Princess Anne David S. Redmond - Bayside four (4) year term - 01/01/2011-12/31/2014 Robert M. Thornton - Lynnhaven PLANNING COMMISSION four (4) year term - 01/01/2011-12/31/2014 Rita Sweet Bellitto, Glenn R. Davis, Vice Mayor Louis R. Jones, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None November 23, 2010 -83- Item i~ L13. APPOINTMENTS ITEM # 60465 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Richard W. Whittemore, Alternate five (S) year term -12/01/2010 - 08/31/2016 WETLANDS BOARD Voting: 11-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Vice Mayor Louis R. Jones, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 23, 2010 -84- Item V-N.1. NEW BUSINESS ITEM # 60466 BY CONSENSUS, City Clerk to Record: ABSTRACT OF VOTES General Election -November 2, 2010 November 23, 2010 ABSTRACT OF VOTES cast in the City/County of Virginia Beach ,Virginia, at the November 2, 2010 General Election, for: MEMBER HOUSE OF REPRESENTATIVES 2nd District NAMES OF CANDIDATES AS PRINTED ON BALLOT E. Scott Rigell - R Glenn C. Nye III - D Kenny E. Golden - I TOTAL VOTES RECEIVED (IN FIGURES 64,156 48, 674 Total Write-Irl Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] [Valid Write-Ins + Invalid Write-Ins =Total Write-In Votes] ••••••••••••---•••••• Total Number of Overvotes for Office 5,687 94 4 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 2, 2010, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for Member of the House of Representatives in the Congress of the United States. Given under our hands this A copy testes Electoral Board Seal Secretary :ctoral Board Sth day of November, 2090. ~~ ~~ ~ ,Chairman Vice Chairman ABSTRACT OF VOTES cast in the County/City of Virginia Beach ,Virginia, at the November 2, 2010 Special Election, for: PROPOSED CONSTITUTIONAL AMENDMENTS QUESTION 1: Shall Section 6 of Article X of the Constitution of Virginia be amended to authorize legislation that will permit localities to establish their own income or financial worth limitations for purposes of granting property tax relief for homeowners not less than 65 years of age or permanently and totally disabled? TOTAL VOTES RECEIVED (IN FIGURES) 84,403 YES ............. 28,163 NO ............. Total Number Of Overvotes For Question QUESTION 2: Shall the Constitution be amended to require the General Assembly to provide a real property tax exemption for the principal residence of a veteran, or his or her surviving spouse, if the veteran has a 100 percent service-connected, permanent, and total disability? ToraL Vores RECEIVED (IN FIGURES) YES ............. 93,201 20,106 NO ............. Total Number Of Overvotes For Question CONTINUED ON PAGE 2 PROPOSED CONSTITUTIONAL AMENDMENTS County/City of Virginia Beach Special Election November 2, 2010 Page 2 of 2 QUESTION 3: Shall Section 8 of Article X of the Constitution of Virginia be amended to increase the permissible size of the Revenue Stabilization Fund (also known as the "rainy day fund")from 10 percent to 15 percent of the Commonwealth's average annual tax revenues derived from income and retail sales taxes for the preceding three fiscal years? TOTAL VOTES RECEIVED (IN FIGURES) YES ............. 48,395 62,174 NO ----------.. Total Number Of Overvotes For Question ........................... 9 We, fhe undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 2, 2010, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for and against the proposed constitutional amendments. Given under our hands this 8th day of November, 2010. A copy testes Electoral Board Seal ;e Chairman Secretary ~ctoral Board \_ ~` ,Chairman ABSTRACT OF VOTES Cast in the City of Virginia Beach ,Virginia, at the November 2, 2010 General Election, for: MEMBER CITY COUNCIL AT LARGE ENTERATLARGEORAPPROPRIATEDISTRICT, WARDORBOROUGHNAME NAMES OF CANDIDATES AS PRINTED ON BALLOT Rita Sweet Bellitto James D. Cabiness II Bill R. Desteph, Jr. W. W. "Wally" Erb Andrew R. Jackson John D. Moss David S. "Dave" Redmond TOTAL VOTES RECEIVED (IN FIGURES 44,422 10,192 40,261 20,245 18,265 27,075 19,199 TOt1[ Wrlte-[r1 VOteS [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] 761 [Valid Write-Ins + Invalid Write-Ins =Total Write-In Votes] ................................................. Total Number of Overvotes for Office 12 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 2, 2010, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) has(have) received the greatest number of votes cast for the above office in said election: Rita Sweet Bellitto Bill R. Desteph, Jr. Given under our hands this 8th day of November, 2010. A copy testes F..lectoral Board Seal vJl~ ` ,Chairman ce Chairman Secretary ;ctoral Board ABSTRACT OF VOTES Cast in the City of Virginia Beach ,Virginia, at the November 2, 2010 General Election, for: MEMBER CITY COUNCIL Bayside ENTERATLARGEORAPPROPRIATEDISTRICT, WARDORBOROUGHNAME NAMES OF CANDIDATES AS PRINTED ON BALLOT George Furman III Louis R. Jones TOtaI Wrlte-IIl Votes (COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] [Valid Write-Ins + Invalid Write-Ins =Total Write-In Votes] ......................... Total Number of Overvotes for Office ....~~~~~.~~~~~~~~~~~~~~~~~~~~~~~~~ TOTAL VOTES RECEIVED (IN FIGURES) 31,355 57,365 614 3 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 2, 2010, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) has(have) received the greatest number of votes cast for the above office in said election: Louis R. Jones Given under our hands this 8th A copy testes Electoral Board Seal Secretary :ctoral Board day of November, 2010. Chairman . Vice Chairman ABSTRACT OF VOTES Cast in the City of Virginia Beach ,Virginia, at the November 2, 2010 General Election, for: MEMBER CITY COUNCIL Beach ENTERATLARGEORAPPROPRIATEDISTRICT, WARDORBOROUGHNAME TOTAL VOTES RECEIVED NAMES OF CANDIDATES AS PRINTED ON BALLOT (IN FIGURES John E. Uhrin 343 .................................................................. 75~ TOta[ Wrlte-I11 VOteS [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] [Valid Write-Ins + Invalid Write-Ins =Total Write-In Votes] ......................... Total Number of Overvotes for Office ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-~~~~ We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 2, 2010, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) has(have) received the greatest number of votes cast for the above office in said election: John E. Uhrin Given under our hands this 8th A copy testes Electoral Board Seal Secretary ,oral Board day of November, 2010. 2.141 1 ,Chairman ~~ . Vice Chairman ABSTRACT OF VOTES Cast in the City of Virginia Beach ,Virginia, at the November 2, 2010 General Election, for: MEMBER CITY COUNCIL Lynnhaven ENTERAT LARGE ORAPPROPRIATE DISTRICT, WARDOR BOROUGH NAME NAMES OF CANDIDATES AS PRINTED ON BALLOT J. Toni Hedrick James L. "Jim" Wood ......... TOtaI Wrlte-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] [Valid Write-Ins + Invalid Write-Ins =Total Write-In Votes] ......................... Total Number of Overvotes for Office ~~•••••••••••••••~~~~~~~~~~~~~~~-~~ TOTAL VOTES f2ECE1VED (IN FIGURES 29.240 63,699 305 4 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 2, 2010, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) has(have} received the greatest number of votes cast for the above office in said election: James L. "Jim" Wood Given under our hands this 8th A copy testes Electoral Board Seal Secretary :ctoral Board day of November, 2010. ~~`~~~ ,Chairman . ~' `~- Vice Chairman ABSTRACT OF VOTES Cast in the City of Virginia Beach ,Virginia, at the November 2, 2010 General Election, for: MEMBER CITY COUNCIL Princess Anne ENTERATLARGEORAPPROPRIATEDISTRICT, WARDORBOROUGH NAME NAMES OF CANDIDATES AS PRINTED ON BALLOT Tanva J. Bullock Barbara M. Hen TOTAL VOTES RECEIVED (IN FIGURES 45,000 53.665 TOtaI Wrlte-[rt VOt@S [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] 231 [Valid Write-Ins + Invalid Write-Ins =Total Write-In Votes] ................................................. Total Number of Overvotes for Office .••••••••~•••••••••••••••••~~~~~~~~-~~~~-~~~~~~~~~~~~~~~~~~ 2 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 2, 2090, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) has(have) received the greatest number of votes cast for the above office in said election: Barbara M. Hen Given under our hands this 8th day of November, 2010. A copy testes Electoral Board Seal `-~=-~-~-~~- ,Chairman ~e Chairman Secretary ~ctoral Board ABSTRACT OF VOTES Cast in the City of Virginia Beach Virginia, at the November 2, 2010 General Election, for: MEMBER SCHOOL BOARD AT LARGE ENTERAT LgRGEORAPPROPRIATE DISTRICT, WARD ORBOROUGH NAME TOTAL VOTES RECEIVED NAMES OF CANDIDATES AS PRINTED ON BALLOT (lN FIGURES Todd C. Davidson 070 ..........................:....................................... 4 , Dorothy M. "Dottie" Holtz 46,369 D. Scott Seery 072 .................................................................. 36, TOtaI Wrlte-In VOteS [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] 640 [Valid Write-Ins + Invalid Write-Ins =Total Write-In Votes] ................................................. Total Number of Overvotes for Office 1 We, the undersigned Electoral Board, upon examination of the official records deposited with fhe Clerk of the Circuit Court of the election held on November 2, 2010, do hereby cerfify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) has(have) received the greatest number of votes cast for the above office in said election: Todd C. Davidson Dorothy M. "Dottie" Holtz Given under our hands this 8th day of November, 2010. A copy testes Electoral Board Seal Chairman ~e Chairman Secretary ~ctoral Board ABSTRACT OF VOTES Cast in the County/City of Virginia Beach ,Virginia, at the November 2, 2010 Special Election, for: MEMBER SCHOOL BOARD AT LARGE ENTERATLARGE ORAPPROPRIATEDISTRICTOR WARD NAME NAMES OF CANDIDATES AS PRINTED ON BALLOT Ashley K. McLeod Gertrude H. "Bunny" Waugh TOTAL VOTES RECEIVED (IN FIGURES 60,298 TOtaI Wrlte-I11 Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] [Valid Write-Ins + Invalid Write-Ins =Total Write-In Votes] ....................:............................ Total Number of Overvotes for Office 23,905 367 3 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 2, 2010, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person has received the greatest number of votes cast for the above office in said election: Ashlev K. McLeod Given under our hands this 8th A copy testes Electoral Board Seal day of November, 2010. ~4~,,,~ ,Chairman ~e Chairman Secretary :ctoral Board ABSTRACT OF VOTES Cast in the City of Virginia Beach Virginia, at the November 2, 2010 General Election, for: MEMBER SCHOOL BOARD BAYSIDE ENTERATLARGEORAPPROPRIATEDISTRICT, WARD OR BOROUGH NAME NAMES OF CANDIDATES AS PRINTED ON BALLOT Carray Banks, Jr. TOTAL VOTES RECEIVED (IN FIGURES 26,743 Carolyn D. Weems 013 .................................................................. 61 TOtal Wrlte-Itl VOteS [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] 214 [Valid Write-Ins + Invalid Write-Ins =Total Write-In Votes] ................................................. Total Number of Overvotes for Office ~ 6 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 2, 2010, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) has(have) received the greatest number of votes cast for the above office in said election: Carolvn D. Weems Given under our hands this 8th A copy testes Electoral Board Seal Chairman ce Chairman Secretary ;ctoral Board day of November, 2010. ABSTRACT OF VOTES Cast in the City of Virginia Beach Virginia, at the November 2, 2010 General Election, for: MEMBER SCHOOL BOARD BEACH ENTERAT LARGE ORAPPROPRIATE DISTRICT, WARD OR BOROUGH NAME NAMES OF CANDIDATES AS PRINTED ON BALLOT Sam G. Reid Total Write-In VOteS [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] 594 [Valid Write-Ins + Invalid Write-Ins =Total Write-In Votes] ................................................. Total Number of Overvotes for Office ~ We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 2, 2010, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) has(have) received the greatest number of votes cast for the above office in said election: Sam G. Reid Given under our hands this 8th day of November, 2010. A copy testes Llectorat Board Seal ~~~ ~ ~ ,Chairman ce Chairman Secretary ;ctoral Board TOTAL VOTES RECEIVED (IN FIGURES 75, 015 ABSTRACT OF VOTES Cast in the City of Virginia Beach Virginia, at the November 2, 2010 General Election, for: MEMBER SCHOOL BOARD LYNNHAVEN ENTERATLARGE ORAPPROPRIATE DISTRICT, WARDOR BOROUGH NAME NAMES OF CANDIDATES AS PRINTED ON BALLOT Emma L. "Em" Davis TOTAL VOTES RECEIVED (IN FIGURES 75,940 Total Write-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] [Valid Write-Ins + Invalid Write-Ins =Total Write-In Votes] ................................................. Total Number of Overvotes for Office ••••••••••••••••••••••••••••~•••••••••••••••••••••••••••••• 527 0 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 2, 2010, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) has(have) received the greatest number of votes cast for the above office in said election: Emma L. "Em" Davis Given under our hands this 8th day of November, 2010. A copy testes Electoral Board Seal ce Chairman Secretary ;ctoral Board ~ ,Chairman ~~~ ~~ ABSTRACT OF VOTES Cast in the City of Virginia Beach Virginia, at the November 2, 2010 General Election, for: MEMBER SCHOOL BOARD PRINCESS ANNE ENTERAT LARGE ORAPPROPRIATE DISTRICT, WARD OR BOROUGH NAME NAMES OF CANDIDATES AS PRINTED ON BALLOT William J. "Bill" Brunke IV TOTAL VOTES RECEIVED (IN FIGURES 75,064 TOtal WClte-I11 VOteS [COMPLETE WRITE-INS CERTIFICATION, If NEEDED] 504 [Valid Write-Ins + Invalid Write-Ins =Total Write-In Votes] ................................................. Total Number of Overvotes for Office 0 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 2, 2010, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) has(have) received the greatest number of votes cast for the above office in said election: William J. "Bill" Brunke IV Given under our hands this 8th day of November, 2010. A copy testes Electoral Board Seal Chairman ;,e Chairman Secretary ;ctoral Board -85- Items V-O. ADJOURNMENT ITEM # 60467 Mayor William D. Sessoms DECLARED the Ciry Council Meeting ADJOURNED at 6:27P.M. Beverly O. Hooks, CMC Chief Deputy City Clerk -- -- -~~~"-'-=7~ -- ---------- uth Hodges Fraser, MMC City Clerk City of Virginia Beach, Virginia ----------------------------- William D. Sessoms, Jr. Mayor November 23, 2010 -85- Items V-O. ADJOURNMENT ITEM # 60467 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:27 P.M. ,~~~ i ~. Beverly O. Hooks, CMC Chief Deputy City Clerk / . -~s!'^-- ---------------- uth Hodges Fraser, MMC William D. Sessoms, Jr. City Clerk Mayor City of Virginia Beach, Virginia November 23, 2010