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JANUARY 11, 2011 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At-/.arge V lCh' MAYOR 1.017/S R. JONh,'S, Bayside -District d Kl%A SWEET 86'l.LITTO, At-Large Gl,F.NN R. DAMS, Rase Hall - District 9 Wll./.IAM R. DeSTF,PH, At-Large HARRY F.. DIF.7.F'l„ Kempsvi(le -District 2 ROBBRTM. DYER, Centerville -District l BARBARA M HENLEY, Princess Anne -District 7 JOHN H. UHR/N, Beach -District 6 ROSEMARY WILSON, At-large JAMES L. WOOD, [,ynnhaven -District S CITY COUNCIL APPOINTEES C'!TY MANAGER JAMES K. SPORE ('/TYATTORNEY MARK D.STI/,ES CITY ASSESSOR~JERALU D.BANAGAN C'!TY A IID/TOR - I,YNDON S. RF.'M/AS ('lTY C/,F,'RK - Rl/TH HODGES ERASER, MMC CITY COUNCIL BRIEFING -Conference Room - 1. MAYOR'S ALTERNATIVE ENERGY REPORT - Dendron Power Plant Stephen R. Romine, Attorney, LeClairRyan II. CITY MANAGER'S BRIEFINGS 1. AQUARIUM BLACKBAUDE SOFTWARE SYSTEM Lynn Clements, Director -Museums and Cultural Arts Gwen Cowart, Director -Communication and Information Technology 2. COMPARATIVE INDICATORS -Hampton Roads Cities David Bradley, Management Services Administrator 3. GOVERNOR'S PROPOSED BUDGET Catheryn Whitesell, Director -Management Services III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION -Conference Room - A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL CITY COUNCIL AGENDA 11 January 2011 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FA,Y (757) 385-5669 E-MAIL: Ctycncl@vbgov.com 2:30 PM 4:30 PM C. RECESS TO CLOSED SESSION VII. FORMAL SESSION -City Council Chamber - 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Chaplain Dave Cochran Virginia Beach Police Chaplain Association 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 G. FORMAL SESSION AGENDA H. BID OPENING 1. GOLF COURSE OPERATION Bow Creek, Kempsville Greens, Redwing I. CONSENT AGENDA J. ORDINANCES December 14, 2010 1. Ordinance to AMEND §2-3 of the City Code re term limits for members of City Council's appointed Boards and Commissions 2. Ordinance to AUTHORIZE acquisition of 215 North Birdneck Road for the Lighthouse Multi-Service Center to provide services for the Homeless 3. Ordinance to CONFIRM DECLARATION of a local emergency due to the December 2010 Winter storm 4. Ordinance to ACCEPT and APPROPRIATE $70,401 in Four-for-Life program funds from the Virginia Department of Health, Office of Emergency Medical Services re qualifying training and equipment for the Department of Emergency Medical Services (EMS) K. L. PLANNING 1. Application of S. DAWSON and SUSAN P. STERLING for a Nonconforming Use re demolition and rebuilding two structures at 801 Baltic Avenue near Shadowlawn (DISTRICT 6 -BEACH) RECOMMENDATION APPROVAL 2. Application of CHESAPEAKE ATLANTIC, LLC, for Modification of Conditions (approved 10/24/06) to flip the building from the north to the south side of the property at 173 and 177 South Birdneck Road and 1228 Jensen Drive. (DISTRICT 6 -BEACH) RECOMMENDATION APPROVAL 3. Applications of ROY E. BRINN, JR. to subdivide the lot and allow an additional single family home to be built at 3453 Robinson Road (DISTRICT 7 -PRINCESS ANNE) a. Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO). b. Floodplain Variance for the driveway RECOMMENDATION APPROVAL 4. Application of ELIZABETH CLAIRE for a Conditional Use Permit re a home occupation (publishing) at 1832 Tolstoy Drive (DISTRICT 7 -PRINCESS ANNE) RECOMMENDATION APPROVAL 5. Application of VIRGINIA INDEPENDENCE TRAINING ORGANIZATION, INC/GSH COLLEGE PARK ASSOCIATES for a Conditional Use Permit re a child and adult special needs day care facility at 6056 Providence Road (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION APPOINTMENTS CLEAN COMMUNITY COMMISSION COMMUNITY MEDICAL ADVISORY COMMISSION ENERGY ADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION LOCAL FINANCE BOARD OPEN SPACE ADVISORY COMMITTEE PERSONNEL BOARD RESORT ADVISORY COMMISSION TIDEWATER YOUTH SERVICES COMMISSION VIRGINIA BEACH TOMORROW COMMISSION WETLANDS BOARD APPROVAL M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 -« CITY COUNCIL RETREAT Mt : •` _ 'j~i.~ 8:30 AM - 5:00 PM ; :A1; FRIDAY and SATURDAY January 21-22, 2011 CONFERENCE ROOM Suite 1000 222 Central Park Avenue TOWN CENTER -1- MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 11, 2011 Mayor William D. Sessoms, Jr., called to order the CITY COUNCIL'S BRIEFING re the MAYOR'S ALTERNATIVE ENERGY REPORT in the City Council Conference Room, Tuesday, January 11, 2011, at 2:30P.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 January I1, 2011 -2- CITY COUNCIL `S BRIEFING MAYOR'S ALTERNATIVE ENERGY REPORT ITEM # 60552 2:30 P.M. The City Manager introduced Attorney Stephen R. Romine -LeClair Ryan. Mr. Romine expressed appreciation for the opportunity to speak relative the Old Dominion Electric Cooperative's proposed power plant in Dendron and Sussex County, commonly referred to as the Cypress Creek Power Station. Mr. Romine referenced the Mayor's Alternative Energy Report and concerns on Pages 6 and 28, essentially stating that the Power Plant is proposed by Old Dominion Electric Cooperative in Dendron, which is in Surry County and dual permitted in Sussex, will have an adverse human health, economic, environmental impact on Hampton Roads, perhaps even including the City of Virginia Beach. The Report basically states the City Council provides leadership for the region in developing a position in opposition to the Plant. A correct Federal Energy Policy is important. Facts and information must be gathered. Old Dominion Electric Cooperative (ODEC) is a Billion Dollar company with over 1-Million customers. If ODEC does not take a responsible position on the power supply side of the equation, brownouts and blackouts will be suffered in the very near future. Energy must be affordable and reliable. "Cypress Creek will be astate-of--the-art plant, both in efficiency and pollution controls ". $1.2-Billion of pollution controls are built into the design of a $5-Billion plant. Pollution controls on this particular plant will exceed the full cost of the last power plant that was built in Virginia sixteen (15) years ago. Cypress Creek will not be built without the issuance of at least fifty (SO) permits that will control safety and environmental impacts. Mr. Romine introduced David Hudgins, Director -Member and External Relations, Old Dominion Electric Cooperative (ODEC). Mr. Hudgins presented a map reflecting the ODEC Service Territory. DEMAND For Energy Is Increasing What is Baseload Energy? Renewables are part of the answer but are not Baseload Energy. Dominion Virginia Power projects need over 4, 000 Megawatts of Baseload Energy within ten (10) years. Department of Mines, Minerals and Energy forecasts over 7, 000 Megawatts needed in Virginia by 2020. *The forecast is 10-Million in Virginia by 20l S. Renewable Projects Contract Megawatts Falling Springs Hydro 0.1. Ameresco Delaware Energy 1.0 Worcester 2.0 Fortistar 5.9 Stony Creek 32. S Clipper Criterion 70.0 AES Armenia Mountain LLC Wind Project 52.5 Member SEPA Contracts 74.8 Total Renewable Megawatts 238.8 January 11, 2011 -3- CITY COUNCIL `S BRIEFING MAYOR'S ALTERNATIVE ENERGY REPORT ITEM # 60552 (Continued) AIR TRENDS Between 1980 and 2008: 1. Gross Domestic Product Increased 126 Percent 2. Vehicle miles traveled increased 91 Percent 3. Energy consumption increased 29 Percent 4. United Slates population grew by 34 Percent During the same time period: Total emissions of the six principal air pollutants dropped 54 Percent Mr. Hudgins displayed re Air Trends, a graphic concerning Comparison of Growth Areas and Emissions, 1980 - 2008. ADDITIONAL REDUCTIONS IN AREA EMISSIONS The new (proposed) Transport Rule will require older power plants to either install pollution control equipment or they will no longer operate This proposal would require significant reductions in sulfur dioxide (SOz) and nitrogen oxides (NOS emissions that cross state lines. These pollutants react in the atmosphere to form fine particles and ground-level ozone and are transported long distances, making it difficult for other states to achieve national clean air standards. By 2014, the rule and other State and EPA actions would reduce the power plant SOZ ,emissions by 71 percent over 2005 levels. Power plant NOX emissions would drop by 52 percent. The North American Electric Reliability Corporation (NERC) said four (4) potential United States Environmental Protection Agency (EPA) regulations could result in a loss of up to 19 percent of fossil- fired steam capacity in the United States by 2018. Preparing for the Future Cypress Creek Power Station Due to the downturn in the economy and new Environmental Protection Agency (EPA) regulations, Cypress Creek Power Station (CCPS) has been delayed eighteen (18) to twenty four (24) months. Work will continue on the linear facilities. Work will continue with all local, state and federal agencies on the Environmental Impact Statement (EIS). Both sites have received local zoning and other approvals for the power station January 11, 2011 -4- CITY COUNCIL `S BRIEFING MAYOR'S ALTERNATIVE ENERGY REPORT ITEM # 60552 (Continued) A map depicting the sites and General Study Area of Old Dominion Electric Cooperative (ODEC) was presented. Project Summary Generation Plant Type: baseload Technology Type: Planning Commission super critical Generation Size: 750 -1500 Megawatts Potential Fuels: coal and biomass Other Required Resources: water supply/discharge, fuel delivery, electrical transmission, transportation improvements Future Environmental Controls Space Allocated for COZ Control Equipment Currently Supporting COZ Storage research Unit Designed to Co-fire Biomass Potential COz Costs Evaluated in Economic Model Supercritical Boiler Design (Efficiencies /Emissions) Energy Efficient Equipment (Pumps, Fans, et cetera) Permits/Approvals Approximately fifty (SO) permits needed Environmental Impact Study (COE) Agencies cannot issue a permit that is not protective of the environment and Human health. January 11, 2011 -S- CITY MANAGER `SBRIEFING AQUARIUMBLACKBAUDE SOFTWARE SYSTEM ITEM # 60553 3:00 P.M. The City Manager advised critical operations software is needed by the Virginia Aquarium and Marine Science Center. The Aquarium Foundation purchased the software and the City's ComIT and Aquarium staff already coordinated to successfully install the admissions ticketing module, reducing customer wait time, approving efficiency, while also improving internal control of tickets. In order to install the remaining modules, funding is needed and `half has been identified. A decision on the transfer of the funds to get two (2) more modules installed, including online ticketing and fundraising/membership software, will be scheduled for January 25, 2011. Lynn Clements, Director -Museums and Cultural Arts, BACKGROUND *AQUARIUM---$11.5-MILLION OPERATION (CITY and FOUNDATION) *635,000 ANNUAL VISITS (1/2 summer) *BLACKBAUD S MODULE INTEGRATED FINANCIAL SYSTEM *CURRENT STATE -DATED TECHNOLOGY, FAILING, NOT SUPPORTED *FOUNDATION ($209,000)--SOFTWARE, TRAINING, INSTALL Blackbaud INTEGRATED FINANCIAL SYSTEM TIMELINE COST ,~,i~- ~:~ -~~`- ~- try' _ ~ .. _ .~, . ~. x ., ... .. .. ~ - PROJECT TOTAL: $875,564 January I1, 2011 -6- CITY MANAGER `SBRIEFING AQUARIUM BLACKBAUDE SOFTWARE SYSTEM ITEM # 60553 (Continued) PROGRESS TO DATE - SOFTWARE, HARDWARE, PERIPHERALS, - CONTRACTED STAFF SUPPORT - TICKETING MODULE 1 SUCCESSFULL Y INSTALLED NOVEMBER 2010 - $485, 000 SPENT NEEDED TO COMPLETE - HARDWARE, CONTRACTED STAFF SUPPORT AND CONTINGENCIES - $195,000 REQUESTED TODAY FOR ONLINE TICKETING -MODULE 2 and FUNDRAISING/MEMBERSHIP - (MODULE 3) - $195,000 REQUESTED IN FY 2012 CIP PROCESS FOR ACCOUNTING (MODULE 4) and POINT OF SALE (MODULE S) BENEFITS NEW TICKETING SYSTEM *Replaced Old System *Speedy Transactions (Touch Screen/Credit Cards) *Customer Service--Up-selling, Bundles and Combos *Wireless Mobility NEXT FOUR MODULES *On-Line Ticketing and Fundraising/Membership Modules are Industry Standards *Speedy Transactions (Stores & Memberships) *Accounting is Failing Must Replace *Management Reporting = $$ Revenue - CONTINUE THE PROJECT - TRANSFER FUNDS FOR ONLINE TICKETING MODULE 2 and FUNDRAISING/MEMBERSHIP MODULE 3 $195, 000 from CIP 2-083 - Diamond Springs Road Project (Closed Out) - ACCOUNTING MODULE 4 and POINT OF SALE MODULE S $195, 000 Requested in FY 2012 CIP Process January 11, 2011 - ~- CITY MANAGER `SBRIEFING AQUARIUM BLACKBAUDE SOFTWARE SYSTEM ITEM # 60553 (Continued) Lynn Clements advised she has been working closely with the staff ~of Gwen Cowart, Director - Communication and Information Technology, as well as the City Manager's staff and appreciates the assistance January I1, 2011 -8- CITY MANAGER `S BRIEFING COMPARATIVE INDICATORS 3:15 P.M. ITEM # 60554 David Bradley, Management Services Administrator, referenced Comparative Indicators to Other Hampton Roads Cities and advised this is another part of the Budget process: FY 2011-12 Budget Preparation - November 16`" -Five Year Forecast Presentation - Today (January 11, 2011) -Regional Comparison Briefing - March 29`" -City Managers Presentation of Budget and CIP to City Council - City Council Workshops -April S`"' 12`", 19`", 2151, and, if needed, 26th - Public Hearings -April 21st and 26`" - May 3rd -Budget Reconciliation Workshop - May IO"' - FY 2011-12 Budget Adoption 100.0° 80.0% 60.0% 40.0% 20.0% 0.0% Virginia Chesapeake Norfolk Portsmouth Hampton Newport Suffolk Beach News Source: 2009 Comparative Report of Local Government Revenues and Expenditures Virginia Auditor of Public Accounts January 11, 2011 Expenditures By Category ®General Government Administration ^ Public Safety and Judicial Administration p Public Works ^ Health and Welfare pEducation pParks, Recreation, and Cultural HCommunity Development -9- CITY MANAGER `S BRIEFING COMPARATIVE INDICATORS ITEM # 60554 (Continued) Local Revenue By Type :Real Estate Taxes .:+ Personal and Business Property Taxes ~ Other Local Taxes ^ BPOL ,. MealsTax ^ Consumer Utility Taxes ^ Local Sales and Use Tax Revenue from the Use of Money and Property Y Miscellaneous Revenue ^~ Charges for Service ..... ioo.o^r _.......~~ -- - ..... k tad ~... _ , _; ~ ~ _ ,_ - - ~ =y* B0.0 % - __-~ _ _ _ _ ~^f- • -__ ~ ~i ~~. boo, -_~,. ~ ~ . o __ i ~. ~_ 40.0°/ ~ .--~ -- ~- ----- ~ --- 54 8°/u _ 56.3% ' ._....._. 42.8% ....._.... 45 7% ........_. 43.7% ~___..,_ 43.2% {-__._._ 50.8% _ zo.o^r t.... _ I Virginia Chesapeake Norfolk Portsmouth Hampton Newport Suffolk Beach News Source: 2009 Comparative Report of Local Government Revenues and Expenditures Virginia Auditor of Public Accounts Current Selected Local Tax Rates and Fees for FY 2010-11 Rea I Estate Tax Rate Per $100 of Assessed Va I u e $1.60 $1.40 $1.20 $1.00 $0.80 $0.60 $0.40 $0.20 $0.00 Virginia Chesapeake Norfolk Portsmouth Suffolk Hampton Newport Beach Ncws Source: Management Services January 11, 2011 -10- CITY MA NA CITY MANAGER `S BRIEFING COMPARATIVE INDICATORS ITEM # 60554 (Continued) Personal Property Tax Rate Vehicles and Business $6.00 -.._..,.__._...___-_..._.__....._._....._.__.._..~~.........,._......_.__-__.._._._...-----_.- -- ..__._... I r $5.00 $5.00 ~-.._..-._ $4.33 $4.25 $4.25 $4.25 $4.08 i _ __ $4.00 i---- - - -- ___ . i.70 E $3.00 ..f_._ ---- - __..._ s;, $2.00 ~ F - ~~.._.. ~ _ _.. _~.--- - k' $1.00 ~ __ ~ --- -- --• I $0.00 -F__. ---v-_.. _ _- r.... _~_ ._.. __. ,~. _...,._._ Virginia Chesapeake Norfolk Portsmouth Suffolk Hampton Newport Beach News Source: Management Services Meal Tax Rate lo.o°,° ..~_ ~___ g.o% , _ ---_-_____-_____-- 6.5% 6.5% 6.5% 6.5% 6.5% 6.0% ~ ~ - %5%-- -S.S°7o -__ _._ __ __ -_ --__ -_ _ _ «;w„ G r=, t€, 2.0°/ k- _. _ ~- I ` - - - ' ~ 7. ~_,_ ,:. is 0.0% ~ .--. - _ _ --~-_ _~._~ _- _ _ - - _ _ __ Virginia Chesapeake Norfolk Portsmouth Suffolk Hampton Newport Beach News Source: Management Services January 11, 2011 -11- CITY MA NA CITY MANAGER `S BRIEFING COMPARATIVE INDICATORS ITEM # 60554 (Continued) Automobile License Fee Vehicles Under 4,000 Pounds $3s.oo r .... _____ _-----------_ ______...._----.-__---------- -----------._------_. $30.00 1 $30.00 i $2$.00 $26.00 $2$.00 $26.00 82$.00 } ..._.__~ -- --__.$.Z3.~.. _..._...._ _..___._ __.._._ $20.00 $20.00 .......... _... ................. _..__. ........_. ~ ~~ $15.00 . ..___ '+° __._ __.__ _...._..._..._. .... $10.00 .. ._..__ ~ _ .......................... ........ __.. :.t. $5.00 { -~ - _ __... ...................... __.__._ _.. _... L ,Fs~ - ~ $0.00 : _ ............. ~ ........ _., ..._..... ...... _... ......... _. _.._.....r._.._ _ ......., Virginia Chesapeake Norfolk Portsmouth Suffolk Hampton Newport Beach News Source: Man agement Services January 11, 2011 -12- CITY MANAGER `S BRIEFING COMPARATIVE INDICATORS ITEM # 60554 (Continued) $0 80 Cigarette Tax Rate Per Pack ___ .. . . T..___._ I $0.65 ~_.~_.______._._...___~ ~ ~ $0:65 $0.65 $0.65' $0.60 $0.60 ~ ~ 4 - F ,~ ----.__...~-_.__.~ _._......~: ___.~___.___._._._. -- ~~ $0.50 $0.50 s $0.40 , --. i:~ k i ~..- -.___. -- _ 0 20 _ _ __. ~ _ $ . ~ ~r ., I ,_ $0.00 T r_ ..~ ~~ _._., --~ Virginia Chesapeake Norfolk Portsmouth Suffolk Hampton Newport Beach News Source: Management Services Monthly Water and Sewer Bill Assuming 5,000 Gallons Consumed -•O-Virginia Beach i-Chesapeake -,~-Norfolk -K-Portsmouth -~~-Suffolk $80.00 ~ _.--_.~ __..,..._._,_._,__...._ __...__._. _ ,__.._._..._.~._.~._._._-_ $70.00 _ _.__ - ---- - _ __ __ - - _ .. $60.00 ~ - - - - - - - _ _ --- -- - - i Virginia $50.00 $40.00 $30.00 ~ """' - i 3 $20.00 i .._.. ..., .. _.- _.....,,..,.. _ . ....::.... .... . ..,... _ .........-., .._._.-_. ~._._ __ 2003 2004 2005 2006 2007 2008 2009 2010 2011 Fiscal Year ~ource:Virginia Beach Public Utilities Department January 11, 2011 -13- CITY MA NAGER`S BRIEFING COMPARATIVE INDICATORS ITEM# 60554 (Continued) Monthly Trash Collection Fee $43.33 $40 ~--_~~ _____ _ _~ N' 0 $32.00 " $26.64 ' c Y c $23.31 $20 ........... .............. _....._.....-.....-........ -..-._ _.......... ............_-......-..-._._$]11.42 ~ I ...._...$1 8.6.3 , _._ 9 s 0 ~ $10 I _ . -_... ---- ........ ...-- --... __.._...._- ........ _ _ i c $3.00 ~I l 1 '' J $0.00 00 $0 1 o? rt ' $0 ._ ..... _.._-.._..,....... ____...... - --..._._ --____,-_ -~-_ -- Virginia Chesapeake Norfolk Portsmouth SufFolk Hampton Newport Beach News Source: Managem ent Services Comparison of Municipal Taxes FY 200-11 Virginia Beach Chesapeake Norfolk Portsmouth Suffolk Hampton Newport News Real Estate Tax $2,110.19 $2,489.55 $2,631.81 $2,940.04 $2,157.61 $2,465.84 $2,608.10 Personal Property Tax 120.59 155.13 206.98 244.43 180.07 184.68 154.67 ~ Electricity Utility Tax 36.00 45.00 45.00 40.80 36.00 3fi.00 I 36.96 Gas Utility Tax 36.00 22.56 18.OD 36.00 36.00 28.80 18.12 Va Telecommunications Tax 70.68 70.68 70.68 70.68 70.68 70.68 70.68 Water Utility Tax 36.00 None fi7.60 84.00 None None None Restaurant Tax 251.48 251.48 275.43 275.43 275.43 275.43 275.43 Admissions Tax 25.69 25.69 25.69 25.69 25.69 25.69 19.27 Vehicle license Decal 50.00 46.00 52.00 50.00 40.00 60.00 52.00 Stormwater Utility Fee 87.97 91.20 101.52 84.00 62.88 55.20 65.40 Residential Refuse Fee None 36.00 324.12 488.64 None 221.00 279.76 Water & Sewer 552.00 689.28 573.48 513.00 858.24 582.96 631.80 Total Tax Impact $3,376.60 $3,922.57 $4,392.21 $4,852.71 $3,742.60 $4,006.28 $4,212.19 Difference from Virginia Beach $0.00 $545.98 $1,015.61 $1,476.12 $366.00 $629.69 $835.59 ource: Management Services January 11, 2011 -14- CITY MA NAGER`S BRIEFING COMPARATIVE INDICATORS ITEM # 60554 (Continued) Economic Vitality Change in Housing Price in Hampton Roads and Competing Metro Areas from 2C®~ to 2{09 1o.o°r° - _____ . _._ . _ _ ....----_ __ - _ f o.o°i° '- - _ __ _ _ _ _--,_ _ ___~~__ -~- --- -10.0% - '" -;~-- °' ° __ U U o ~ ro ~ ~ Y Z .. 0 nn ~ o '~ -20.0% fi---~ m- _ - -- -~--- -_ _ --- -- ___ c 4 ~ ' I -30.0% :__ - __ _ _- -- -- ~ -- - - -- -- -+~-- -- t7 -40.0% ___ ----- ~ - -50.0% _ - - .....- -__ ---..__ Source: Hampton Roads Planning District Commission (National Association of Realtors) Inflation-Adjusted Department of Defense Spending in Hampton Roads _. - _~ _.TM_ __ 1 soo -_,_ j $16,336 $15,075 $15,000 ~-_~ _ _ _~.__:--__._.__ _ _ _-- _--- __---$L4,445 j f $12,000 t ___.___.- _ _:_.~ _ - _ - .._~__ . $9,303 $9,000 E _ _ __ k $6,000r - -_ __ __ __ $3,000 - - - - E E' G 1993 1995 1997 1999 2001 2003 2005 2007 2009 CalendarYear Source: Hampton Roads Planning District Commission (Consolidated Federal Funds Report ~ / January 11, 2011 -IS- CITY MA NAGER`S BRIEFING COMPARATIVE INDICATORS ITEM # 60554 (Continued) ~uslness ~tc~rtU~s Per 10,00o Residents -~wVirginia Beach #Chcsapeake -fir-Norfolk -x-Portsmouth -rt-Suffolk #Hampton Newport News 16.0 _ _ __- _ . - -- - __ .,. _ _ _ __ _ 14.0 ~---- ~ _ -- ----- -- - ---- L 12.0 `,._:.. _ .::_. - t0.0 ___ _ _ _ _ ~ - 8.0 -{-- . - ~ - - ~.:? - ~~Virbinia Bcac6 6.0 ~~,.~.- - -- 4.0 _ ---- ----- -- ---~ ---__- - ----------:-~--s - ----- 2.0 ~ - --- ---- --- ~- - 2007 2008 2009 2010 Fiscal Year Source:Virginia Employment Commission Median Household Income -a-Virginia Beach #Chcsapeake -r-Norfolk -Portsmouth ---Suffolk tHampton ° -Newport News $70,000 $60,000 $50,000 $40,000 $30,000 2005 2006 2007 2008 2009 CalendarYear Source: US Census Bureau American Community Survey January 11, 2011 -16- CITYMANAGER `S BRIEFING COMPARATIf~E INDICATORS ITEM # 60554 (Continued) Per Capita Income ~-Virginia Beach -ilF-Chesapeake -r-Norfolk -~-Portsmouth -a~-Suffolk tHampton Newport News $50,000 $40,000 $30,000 $20,000 2003 2004 2005 2006 2007 2008 CalendarYear Source: US Department of Commerce Bureau of Economic Analysis Unemployment Rate ~-a-Virginia Beach-rf-Chesapeake -,Norfolk -~t-Portsmouth -~-Suffolk tHampton Newport News 10.0% r..._.__._,. _.._........... _..,......, ,........,...._ _ .............._,.,_...----- - -------. ~_._.._-- ----- 6.0% - = - --- -- - ----- m Reaeh -- _ i I 2003 2004 2005 2006 2007 2008 2009 2010 CalendarYear 2010 data is through Source: U.S. Bureau of Labor Statistics -Local Area Unemployment Statistics Database November January 11, 2011 -17- CITY MANAGER `S BRIEFING COMPARATIVE INDICATORS ITEM # 60554 (Continued) Taxable dales -p-Virginia Beach -i-Chesapeake -i-Norfolk -+F Portsmouth -->+~--Suffolk tHampton Newport News $6,000 .._ ............_.._. _ _ ......... ......._._..._ ........__._._ - Virginia ~~~wyO". .,.. ~, $4,000 ~~0 q 0 $3,000 _ _ _ _ -- - --__- __---------- $2,000 f _.m _..._.._______,...~~._.... _ __ -. $1,000 -~- - - -~ - $o ~.. _ ....... _ .--~__.. . 2003 2004 2005 2006 2007 2008 2009 CalendarYcar urce:Virginia Department ofTaxation / Quality Education and Lifelong Learning ~ $SO $40 $30 $20 $10 2003 2004 2005 2006 2007 2008 2009 Fiscal Year ~ Source: Virginia Auditor of Public Accounts January 11, 2011 Library Expenditures Per Capita Virginia Beach -f-Chesapeake -+-Norfolk -+-Portsmouth ->~-Suffolk tHampton Newport News -18- CITY MA NAGER `S BRIEFING COMPARATIVE INDICATORS ITEM # 60554 (Continued) Locally Funded Schaol -- Expenditures Per Pupil -s-Virginia Beach -a-Chesapeake -r-Norfolk -~-Por tsmouth -~-Suffolk tHampton Newport News $6,000 F-- ------.._ ..___..__ _ -.__...__.._____ ._._.....-- ___...~......_.. _. _ __ _ _. Virginia' _ Beach ~ $5,000 }- _.. ___M. _ - _ __ --~~ a __ _ $4,000 _ - - __ _ _ ~~ t f .""" ,~ $3,000 i ~ °- j $2,000 ~^'~ ~------~-T' - -__ __- __ _ $1,000 ~m.~ _-_____~_.:_..-: _ -_ - .._..._ -_ ._ _ _ j ,.. 2003 2004 2005 2006 2007 2008 2009 FiscalYcar Source: Virginia Department of Education Superintendent's Annual Report C'rty Contribution as a Percent of Total School C7perating Expenditures «-Virginia Beach i-Chesapeakc -,r-Norfolk -3i-Portsmouth -.+~-Suffolk tHampton Newport Ncws 55.0% 45.0°/n 35.0% 25.0° 15.0% 2003 2004 2005 2006 2007 2008 2009 School Year ~ource:Virginia Department of Education Superintendent's Annual Report January 11, 2011 -19- CITY MA NAGER`S BRIEFING COMPARATIVE INDICATORS ITEM # 60554 (Continued) Safe Community Expenditures Per Capita Fire end Rescue -Virginia Beach -~-Chesapeake -r~-Norfolk -~r-Suffolk tHampton Newport News $300 $250 $200 $150 $100 $50 $0 -;{-Portsmouth 2003 2004 2005 2006 2007 2008 2009 Fiscal Year \ Source: Virginia Auditor of Public Accounts January I1, 2011 -20- CITY MA NAGER`S BRIEFING COMPARATIVE INDICATORS ITEM # 60554 (Continued) Violent Crime Rate -a-Virginia Beach -i-Chesapeake -rrNorfolk -~-Suffolk tHampton - Newport News ....___ 10.0 - _ __ __ _.__________. . _.._._..... 9.0 j--_._. __ ---- ::...._._...-._._..-~..:___ 8.0 -~--._- ._._. - - - _- _ _ --- _ 7.0 i-----: ~__ ._ _ _ f __ _ _ ~._- - -- __._....__.:_ .__ - - - _ -- 6.0 -_._ __ ---_ -_- _ ____ j S.0 ~ ..__._. -- --- 4.0 .. ............_______ __._.._._._._ 3.0 ~-- - - _ _ _ _~~ l.o ~-------_ _..:_.:~____.__..~__ _-_------------~ 2003 2004 Source: Crime in Virginia ~_ 2005 2006 2007 CalcndarYear -+e-Portsmouth zoos 2009 Quality Physical Environment Hampton Roads Congestion and Congestion Costs $600 ~..-. .-_ ___ _.__...... _ _. __ ._ _ _ __ __ -- .... _.. __ _... -_ __._ ..... -_ -..- 30,000 $500 r . _.. __._.. _. _~- 25,000 O •g 400 ~..._ ._.._ _-..._._-.._.._- -- ___---- _-.. _.. _ x C Y 20,000 " 0 C ~ d c $300 -}-. ......_...._.....___.._........._..._.--...- --- 15,000 ,tea. • u C •0 I ~ ^ 'T ~ $200 E i __.. ._.. ~ Millions of Dollars 10,000 0 ~ U ~ $100 ~... i -Annual Hours of Delay _._ _ _ - - - - _ a ~ .~. 5,000 1990 1992 1994 1996 1998 2000 2002 2004 2006 Source: Hampton Roads Planning District Commission (Texas Transportation Institute) January 11, 2011 -21- CITY MA NAGER`S BRIEFING COMPARATIVE INDICATORS ITEM # 60554 (Continued) Expenditures Per Lane Mile For Maintenance of Highways, Streets, Bridges, and Sidewalks --+-Virginia Beach -i-Chesapeake -,k-Norfolk -)t-Portsmouth -x-Suf7'olk tHampton Newport News $80,000 $60,000 $40,000 $20,000 $0 2003 2004 2005 2006 2007 2008 2009 Fiscal Year ~ources: Virginia Department ofTransportation and Auditor of Public Accounts January I1, 2011 -22- CITY MANAGER `S BRIEFING COMPARATIVE INDICATORS ITEM # 60554 (Continued) Family and Youth Opportunities 20.0% 16.0% 12.0% 8.0% 4.0% 0.0% 2005 2006 2007 2008 2009 CalendarYcar Source: Census Bureau -American Community Survey ~ Expenditures Per Capita Public Health -~-Virginia Beach -i-Chesapeake -f-Norfolk -~-Portsmouth -~-Suffolk tHampton Newport News i I i i $20 j---__ _ __ m _ --__._--- $10 ~ ~~ V'rginia «. °. I ~ $5.95 $0 _ ---------------... _.....__._ _ ._ 2003 2004 2005 2006 2007 2008 2009 Fiscal Year Source: Virginia Auditor of Public Accounts January 11, 2011 Poverty Rate -Individuals -w-Virginia Beach i-Chesapeake -,~-Norfolk -++-Portsmouth -~-Suffolk tHampton Newport News -23- CITY MA NAGER`S BRIEFING COMPARATIVE INDICATORS ITEM # 60554 (Continued) ITEM # Expenditures Per Capita Social Services -Virginia Beach -a-Chesapeake -~-Norfolk ,u- Portsmouth -~~-Suffolk tHampton Newport News $400 __,_.~~~.. ~.___~_~~_._~___ _ _ _ i _. i $300 .._. ~.. ......_...._ _._._. _~~ $200 __ - - Virginia Beach $173.10 $100 C - ___- __ L j 4 2003 2004 2005 2006 2007 2008 2009 Fiscal Year Source:Virginia Auditor of Public Accounts January 11, 2011 -24- CITYMANAGER `S BRIEFING COMPARATIVE INDICATORS ITEM # 60554 (Continued) Cultural and Recreational Opportunities Expenditures Per Capita Parks and Recreation -0~»Virginia Beach i-Chesapeake -~-Norfolk -+t-Portsmouth -~-Suffolk tHampton ~ --• Newport News $160 -,- -..-._ _ ~~_._._.._~ _ .. .~ $120 ~ _._.._...._ ~,._ ~ _...._._. _._ __._._ .----- ------_~ __.- ..._ „~:~_~_____~_ _.~.,,_ - _._.._. r _--_ "°` ~ Virginia o. __~. Beach ~ >~ $80 -1--__- -- } i 2003 2004 2005 2006 2007 2008 2009 Fiscal Year Source: Virginia Auditor of Public Accounts ~ Expenditures Per Capita Cultural Enrichment --~-Virginia Beach i-Chesapeake -or-Norfolk -~-Portsmouth -~~-Suffolk tHampton Newport News $100 $80 $60 $40 $20 $0 -$20 FiscalYcar \Source:Virginia Auditor of Public Accounts January I1, 2011 -2s- CITY MA NAGER`S BRIEFING COMPARATIVE INDICATORS ITEM # 60554 (Continued) Quality Organization Total Expenditures {Includes Schools} Per Capita mMVirginia Beach i-Chesapeake -a-Norfolk -~e-Portsmouth -++-Suffolk tHampton Newport News $4,000 $3,500 $3,000 $2,500 $2,000 $1,500 2003 2004 2005 2006 2007 2008 2009 Fiscal Year \ SourcaVirginia Auditor of Public Accounts Per Capita Expenditures as a Percentage of Personal Income -~-Virginia Beach -iF-Chesapeake -rNorfolk ~--Portsmouth -i-Suffolk tHampton Newport News ' 14.0% 12.0°/ 10.0% 8.0% 6.0% 4.0% 2.0°/ 0.0% 2003 2004 2005 2006 2007 2008 Fiscal Year Source: Virginia Auditor of Public Accounts and LIS Department of ~ Commerce Bureau oFEconomicAnalysis January I1, 2011 -26- CITY MA NAGER`S BRIEFING COMPARATIVE INDICATORS ITEM # 60554 (Continued) Debt Per capita $6,000 $5,000 $4,000 $3,000 $2,000 $1,000 $0 Virginia Chesapeake Norfolk Portsmouth Suffolk Hampton Newport Beach News ~ Source: Each City's 2010 CAFR Bond Rating Virginia Beach Chesa- peake Norfolk Ports- mouth Suffolk Ham ton Newport News Standard & Poor's AAA AA+ AA AA- AA AA+ N/A Moody's AAA Aal Al Al Aa3 Aa2 N/A Fitch AAA AAA AA AA- AA- AA N/A source: Each City's 2010 CAFR January 11, 2011 -27- CITY MA NAGER`S BRIEFING COMPARATIVE INDICATORS ITEM # 60554 (Continued) Citizen Survey November 2009 • 91.4% are satisfied with City services overall + 94.0% are satisfied with the appearance of the City + 97.4% believe Virginia Beach is a good place to live ® 94.2% believe Virginia Beach is a safe place to live COr1CIUSiOns • Citizens value the services the City provides • The Region has been experiencing the impacts of the recession • Lowest cost provider in the region • Low overall tax rates compared to the region • L.Ising standardized values, a family of four has a lower tax burden than the other cities • Still lag behind other cities in fees and charges for service as proportion of total revenues January I1, 2011 -28- CITY MANAGER `S BRIEFING GOVERNOR'S PROPOSED BUDGET 3:39 PM. ITEM # 60555 Catheryn Whitesell, referenced the Governor's Proposed FY 2012 Budget Select Impacts on Virginia Beach (January 11, 2011) Im acts Loss Gain State Aid to Law Enforcement (599 Funding - $1.1-Million Cumulative reduction from 2000 through 2012 is $5.5- Million Liability and Surety Bond premiums - last year's $0.17-Million General Assembly shifted the entire cost of these bond premiums on behalf of Constitutional officers to localities (will be netted out o reimbursement unds) Line of Duty Liability costs are shifted to the localities. $0.8-Million This is a program that was started by the State and up until this ear nded b the State Sheri Department is estimating the loss of State $0.5-Million su ort Reduction in State support to the General Registrar's $ 3, 885 office (includes a 4% reduction in support for the General Registrar's salary and elimination of printing su ort or selected election materials) Authorizes a study of changing BPOL basis from Gross Unknown Receipts to Net income. The results of the study are due November 2012. There is a requirement for the Commissioner to collect data by October 2011 to support the study which is not currently collected. This ma increase costs in the Commissioner's o ice Restores $7.5-Million in funding to assist localities with $7.5-Million infrastructure, environmental clean-up, workforce training and other items related to the military's realignment of bases. First priority is given to any locali with a Master Jet Base Proposes to eliminate state funding to "non-mandated" No impact (Virginia children in the Comprehensive Services Act program. Beach took this action in These are children referred to the program by the 2008) Courts or Mental Health Services Proposes to increase the local match rate for $0.45-Million therapeutic foster care. By changing this rule to redefine this service under the residential category, the local match rate could increase b 25%. Proposes to change the match rate for certain services $0.07-Million provided to children in special education within public schools Reduces supplemental Comprehensive Services Act Unknown funding for localities to cover children who require extensive services and move into the locality from another locality January 11, 2011 -29- CITY MANAGER `S BRIEFING GOVERNOR'S PROPOSED BUDGET ITEM # 60555 (Continued) Im acts Loss Gain Eliminates use of unexpended State general fund Unknown balances to meet reimbursement requests from localities that occurred within the revious fiscal ear Directs the Department of Behavioral Health and Unknown Development Services to work with the Departments of Corrections and Juvenile Justice and local jails to develop a formula for dispensing medications for offenders being released into the community from jails to ensure consistency of medications. (May not cost an thin ,but...) Reduces state support for child care assistance (state- No Impact wide decrease of $7.96-Million) and partially offsets the reduction with increased use of federal funds ($2- Million) Increased undin or local domestic violence rants Unknown Reduces State funding for Healthy Families program by Unknown $2.4-Million statewide and replaces it with Federal TANF unds Increased funding for Urban Road construction due to Unknown use of debt by the State. This is funding for State construction projects. According to the Virginia Municipal League, what if any impact on local road maintenance needs and the State's bond rate will have to be answered b the General Assembl Continues $60-Million reduction in local aid. This is the $2.7-Million fourth year in a row the State has underfunded its obligation to cities and counties. The cumulative impact is $9.6-Million Total Known Ci Im act $5.8-Million $7.5-Million School Sstem - Increase in School VRS employer contribution rate for $2.5-Million $4.3-Million teachers from 5.16% to 7.16%. Increases school costs (City match and 100% (State supported b $6.8-Million Local teachers teachers) Increase in State Share Sales Tax for Schools from the $2.9-Million School S stem's estimate or FY 12 Elimination of the School Composite Index "hold $7.3-Million harmless "agreement. State was supposed to cover SO% o the im act Increase in Basic Aid from the School System's estimate $2.4-Million or FY 12 Total School S stem Im act $9.9-Million $9.6-Million Other - $10.5-Million (provides $14.4-Million Shying S% of VRS costs to employees -This budget 3% pay raise to City (City only) and required legislative authority would allow both the full-time only) City Council and the School Board to choose whether or not to require current employees to pay S% towards their retirement contribution, if we also provide a 3% pay raise. Currently the City (not the Schools) is requiring employees hired after July 1, 2010 who are new to the VRSs stem to a S% January 11, 2011 -30- CITY COUNCIL LIAISONREPORTS 3: 50 P. M. Council Lady Henley, Liaison -Bikeways/Trails Advisory Committee, and Agricultural Advisory Commission, advised these Committees met yesterday, January 10, 2011. ITEM # 60556 The Bikeways/Trails Committee is working diligently on a Bike and Trails Plan. At the present time, the Plan is expected to be reviewed by the Planning Commission in February. The Draft of the Plan is available on the YVebsite. ITEM # 60557 The Agricultural Advisory Commission referenced their Annual Report for 2010, This was a very active year for the Agricultural Reserve Program. Approximately over 500 acres came into the program. for a total of approximately 8, 600 acres. There is slightly less than 500 acres in the `pipeline "now. January 11, 2011 -31 - AGENDA REVIEW SESSION 3: SI P.M. ITEM # 60558 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: ORDINANCES 1. Ordinance to AMEND ~'2-3 of the City Code re term limits for members of City Council's appointed Boards and Commissions 2. Ordinance to AUTHORIZE acquisition of 215 Nvrth Birdneck Road for the Lighthouse Multi-Service Center to provide services for the Homeless 3. Ordinance to CONFIRM DECLARATION of a local emergency due to the December 2010 Winter storm 4. Ordinance to ACCEPT and APPROPRIATE $70, 401 in Four for-Life program funcls from the Virginia Department of Health, Office of Emergency Medical Services re qualifying training and equipment for the Department of Emergency Medical Services (EMS) Item J.2. (Lighthouse Multi-Service Center to provide services for the Homeless) shall be DEFERRED INDEFINITELY, BY CONSENT. January 11, 2011 -32- AGENDA REVIEW SESSION ITEM # 60559 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: K. PLANNING 1. Application of S. DAWSONandSUSANP. STERLINGfor aNoncon orming Use re demolition and rebuilding two structures at 801 Baltic Avenue near Shadowlawn (DISTRICT 6 -BEACH) 2. Application of CHESAPEAKE ATLANTIC, LLC, for Modification of Conditions (approved 10/24/06) to flip the building from the north to the south side of the property at 173 and 177 South Birdneck Road and 1228 Jensen Drive. (DISTRICT 6 -BEACH) 3. Applications of ROYE. BRINN, JR. to subdivide the lot and allow an additional single family home to be built at 3453 Robinson Road (DISTRICT 7 -PRINCESS ANNE) a. Variance to ~4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO). b. Floodplain Variance for the driveway 4. Application of ELIZABETH CLAIRE for a Conditional Use Permit re a home occupation (publishing at 1832 Tolstoy Drive (DISTRICT 7 -PRINCESS ANNE) 5. Application of VIRGINIA INDEPENDENCE TRAINING ORGANIZATION, INC/GSH COLLEGE PARKASSOCIATES for a Conditional Use Permit re a child and adult special needs day care facility at 6056 Providence Road (DISTRICT 2 -KEMPSVILLE) Item K. 1. (S. DAWSON and SUSAN P. STERLING re Nonconforming Use), shall be WITHDRAWN, BY CONSENT. Item K 3. (ROY E. BRINN, JR.) shall be DEFERRED, BY CONSENT, until the City Council Session of March 22, 2011. January 11, 2011 -33- ITEM # 60560 Mayor William D. Sessoms, Jr. entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose PERSONNEL MATTERS: Discussion, consideration of, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(1) Council Appointments: Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLICLY-HELD PROPERTY.' Discussion or consideration of the, acquisition, or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). Acquisition/Disposition of City Property.• Beach District Lynnhaven District LEGAL MATTERS: Consultation with legal counsel or briefings by staff members or consultants, pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body, or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2.2-3711 (A)(7). City of Virginia Beach v. F. Wayne McLeskey, Jr. and VBFC Properties, LLC Lease of Property at 225 17`" Street Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council voted to proceed into CLOSED SESSION at 3:53 P.M. January 11, 2011 -34- ITEM # 60560 (Continued) Voting: 10-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel (Break: (3:53 P.M. - 4: 04 P. M.) (Closed Session: (3:53 P.M. - 4:53 P.M.) January 11, 2011 4 -35- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL January 11, 2011 6: DO P.M. Mayor William D. Sessoms, Jr. called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, January 11, 2011, at 6: 00 P.M. Council Members Present: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood. Council Members Absent: None INVOCATION: Chaplain Dave Cochran Virginia Beach Police Chaplain Association A MOMENT OF SILENCE was held in remembrance of the victims of the Tragedy in Tucson, Arizona and former Council Member and Vice Mayor Reid Ervin's passing. 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 identify any matters in which he might have an actucxl 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. January 11, 2011 -36- 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 Flnancial 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 ident~es any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 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 Conflict 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 conflict. 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 aff Bated with Prudential Decker Realty. Because of the nature of Real Estate Agent aff Nation, 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 Conflict 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 conflict. 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.lanuary 27, 2004, is hereby made a part of the record. January 11, 2011 -37- Item - V-E.1 CERTIFICATION ITEM # 60561 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January I1, 2011 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 #60560, Page 33, 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. th Hodges Fraser, MMC City Clerk January 11, 2011 -38- Item V-F.1 ITEM # 60562 Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of December 14, 2010. Voting: I1-0 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 January 11, 2011 -39- Item V-G.1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 60563 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION January 11, 2011 -40- Item V.H.1. BID OPENING ITEM # 60564 Mayor Sessoms called for the Bid Opening: "LEASE OF CITY PROPERTY -Three Municipality owned Golf Courses. Pursuant to Virginia Code Section 15.2-2012, the Chair will now summarize the bids that have been received for a proposed lease of the City property located at (1) 3425 Club House Road (Bow Creek) (2) 4840 Princess Anne Road (Kempsville Greens) and (3) 1144 Prosperity Road (Red Wing) for the operation of three golf courses and related facilities. One bid has been received, as follows: Virginia Beach Golf Management, Inc. has bid: Rent: Annually the greater of $150,000 or 10% of gross revenues at all three courses. Tenant Capital Improvements: At least $552,500 within twenty four months of the signing of the lease Term Ten year term with two optional five year renewals. Are there any other persons desiring to submit a bid at this time? There being no further bids, the bidding is closed. The staff will evaluate the bid that has been received and make its recommendations to the City Council concerning the proposed lease at a future meeting. " January 11, 2011 -41- Item V-J. ORDINANCES ITEM # 60565 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items 1, 2 (DEFERRED INDEFINITELY), 3 and 4 of the CONSENT AGENDA. Voting.• I1-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 11, 2011 -42- Item V-J.1. ORDINANCES ITEM # 60566 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AMEND ~2-3 of the City Code re term limits for members of City Council 's appointed Boards and Commissions Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None January 11, 2011 1 AN ORDINANCE TO AMEND SECTION 2-3 2 OF THE CITY CODE PERTAINING TO THE 3 LIMITATION ON TERMS OF MEMBERS OF 4 BOARDS AND COMMISSIONS 5 6 SECTION AMENDED: § 2-3 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 2-3 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec.2-3. Limitation on terms of members of boards and commissions; 15 application for appointment of such members. 16 17 ~ Any person appointed to a board or commission of the city shall be limited to: 18 19 (1) Eight (8) consecutive one-year terms. 20 (2) Four (4) consecutive two-year terms. 21 (3) Three (3) consecutive three-year terms. 22 (4) Two (2) consecutive four-year terms. 23 (5) Two (2) consecutive five-year terms. 24 25 The council shall limit its selections to those persons who have submitted 26 applications on forms approved by the council and on file with the city clerk. Each 27 member of the council may review the applications fifteen (15) days prior to the 28 appointment. 29 30 ~ Notwithstanding the provisions of subsection (a) above, City Council may, by an 31 affirmative vote of a majority of all of the councilmembers, reappoint a person to an 32 additional term beyond that permitted by subsection (a) when, by virtue of the unique 33 aualifications of the position or other extenuating circumstances, doing so would serve 34 the best interests of the City. Adopted by the City Council of the City of Virginia Beach, Virginia, on thisl 1 th day of January , 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Clerk ~~~ ` City Attorney's Office CA11756 R-2 January 3, 2011 -43- Item V-J.2. ORDINANCES ITEM # 60567 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY, BYCONSENT: Ordinance to AUTHORIZE acquisition of 215 North Birdneck Road for the Lighthouse Multi-Service Center to provide services for the Homeless Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None January 11, 2011 -44- Item V-J.3. ORDINANCES ITEM # 60568 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT.• Ordinance to CONFIRMDECLARATION of a local emergency due to the December 2010 Winter storm Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 11, 2011 1 AN ORDINANCE CONFIRMING THE DECLARATION OF A 2 LOCAL EMERGENCY DUE TO THE THREATS POSED BY 3 THE DECEMBER 2010 WINTER STORM EVENT 4 5 WHEREAS, Virginia Code § 44-146.21 authorizes the local director of 6 emergency management to declare the existence of a local emergency, subject to 7 confirmation by the governing body; 8 9 WHEREAS, in conformity with the Commonwealth of Virginia Emergency 10 Services and Disaster Law of 2000 (Virginia Code § 44-146.13 et seq.), City Council, by 11 adoption of §§ 2-411 through 2-413 of the City Code, created the Office of Emergency 12 Management and appointed the City Manager as the Director of Emergency 13 Management; and 14 15 WHEREAS, in response to the imminent threat of damage caused by a winter 16 storm event that began on December 25, 2010, the Acting City Manager, as the Director 17 of Emergency Management, issued a Declaration of Local Emergency at noon on 18 December 26, 2010. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 23 That, pursuant to Virginia Code § 44-146.21, the City Council hereby confirms 24 the Declaration of Local Emergency issued by the Acting City Manager on December 25 26, 2010, a copy of which is attached hereto and incorporated by reference, and hereby 26 ends the declared emergency, effective December 28, 2010 at 10:00 a.m. Adopted by the Council of the City of Virginia Beach on the 1 1 th day of January , 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager's Office City Atto y's O e CA11767 R-2 December 29, 2010 DECLARATION OF LOCAL EMERGENCY I, the undersigned, as the Acting City Manager and Director of Emergency Management far the City of Virginia Beach, find the imminent threat of severe winter storms, causing severe road conditions and the very real possibility of power outages, and the loss or interruption of vital City services posed by the December 2010 Winter Storm Event to be of sufficient severity and magnitude to warrant coordinated local government action to prevent or alleviate any potential damage, loss, hardship or suffering. Therefore, pursuant to Code of Virginia § 44-146.21, as amended, I hereby declare the existence of a Local Emergency in the City of Virginia Beach, In accordance with this Declaration, the Office of Emergency Management and all other appropriate City agencies are hereby vested with, and authorized to carry out, all powers, duties and functions prescribed by State a local law, rules, regulations and plans as may be necessary to adeeluately and appropriately respond to said Local Emergency. Robert S. Herbert, Acting City Manager & Director of Emergency Management 121 Z(~ 1~~1th i2 ~~r1 (Date) {Time) -45- Item V-J.4. ORDINANCES ITEM # 60569 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to ACCEPT and APPROPRIATE $70,401 in Four for-Life program funds from the Virginia Department of Health, Office of Emergency Medical Services, re qualifying training and equipment for the Department of Emergency Medical Services (EMS) Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 11, 2011 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE VIRGINIA OFFICE OF EMERGENCY MEDICAL 3 SERVICES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $70,401 is hereby accepted from the Virginia Department of Health, Office of 9 Emergency Medical Services, and appropriated, with estimated state revenues increased 10 accordingly, to the EMS State Four-For-Life Grant in the Grants Consolidated Fund of the 11 FY 2010-11 Operating Budget for rescue equipment and medical supplies. Adopted by the Council of the City of Virginia Beach, Virginia, on the ~ ~ th day of January , 2011. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Manage ent Services ~ Attor y's Office CA11762 R-2 December 29, 2010 -46- Item K. PLANNING ITEM # 60570 1. S. DA WSON and SUSAN P. STERLING 2. CHESAPEAKE ATLANTIC, LLC 3. ROYE. BRINN, JR. 4. ELIZABETH CLAIRE S. VIRGINIA INDEPENDENCE TRAINING ORGANIZATION, INC. /GSH COLLEGE PARKASSOCIATES NON CONFORMING USEI MODIFICATION OF CONDITIONS (Approved 10/24/06) SUBDIVISION VARIANCE /FLOODPLAIN CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT January 11, 2011 -~r7- Item L. PLANNING ITEM # 60571 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION Items 1 (WITHDRAWN), 2, 3 (DEFERRED 3/22/11), 4 and S of the PLANNING BY CONSENT AGENDA: Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 11, 2011 -48- Item K.1. PLANNING ITEM # 60572 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ALLOWED WITHDRAWAL, BY CONSENT, of an Ordinance upon application of S. DAWSON and SUSAN P. STERLING for a Nonconforming Use re demolition and rebuilding two structures at 801 Baltic Avenue near Shadowlawn (GPIN2427133700) (DISTRICT 6 -BEACH) Voting.• I1-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January I1, 2011 -49- Item L.2 PLANNING ITEM # 60573 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance, BY CONSENT, upon Application of CHESAPEAKE ATLANTIC, LLC, for Modi nation off' Conditional COZ (approved October 24, 2006) to flip the building from the north to the south side of the property at 173 and 177 South Birdneck Road and 1228 Jensen Drive. (GP/Ns 2417426802; 2417427931; portion of 24173267690006). (DISTRICT 6 -BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of CHESAPEAKE ATLANTIC, LLC, for Modification of Conditional COZ (approved October 24, 2006) to flip the building from the north to the south side of the property at 173 and 177 South Birdneck Road and 1228 Jensen Drive. (GPINs 2417426802; 2417427931; portion of 24173267690006). (DISTRICT 6 -BEACH The following condition shall be required: An Agreement encompassing revised proffers shall be recorded with the Clerk of Circuit Court. and is hereby made a part of the record. Voting.• 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January I1, 2011 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-7605 TO: Mark D. Stiles . ~ FROM: B. Kay Wilson' DATE: December 30, 2010 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Chesapeake Atlantic, LLC The above-referenced conditional.zoning application is scheduled to be heard by the City Council on January 11, 2010. I have reviewed the subject proffer agreement, dated November 16, 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 / This Document Prepared by: Fine, Fine, Legum & McCracken, LLP THIS AGREEMENT made this 16`h day of November, 2010, by and between, CHESAPEAKE ATLANTIC, LLC, a Virginia limited liability company, herein referred to as "Grantor", party of the first part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part. WITNESSETH: WHEREAS, Grantor is the owner of certain parcels of property located in the Beach District of the City of Virginia Beach, more particularly described as follows: See Exhibit "A" said parcels hereinafter collectively referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the zoning map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-10 Residential District & I-1 Light Industrial District to Conditional I-1 Light Industrial District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit different 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 GPP,V 2417-42-7931-0000; 2417-42-6802-0000; 2417-32-6769-0006 (portion of) -1- 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, their successors, personal representatives, assigns, Grantee, and other successors in title or interest, voluntarily and withort any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid fro guo 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, Grantee, and other successors in interest or title: 1. When the property is developed, it shall be developed and landscaped substantially as shown on the exhibit entitled "Landscape Plan, Chesapeake Atlantic, LLC" dated September 29, 2009 prepared by prepared by Gallup Surveying & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereafter "Landscape Plan"). -2- 2. When the property is developed, it will be developed substantially as shown on the exhibit entitled "Layout Plan, Exhibit A, Chesapeake Atlantic, LLC" dated April 12, 2009 prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereafter "Layout Plan"). 3. When the property is developed, it will be developed substantially as shown on the two sheets of the rendered building elevations entitled "Chesapeake Atlantic, LLC", dated June 7, 2010 prepared b Covington Hendrix Anderson Architects which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereafter "Building Elevations"). 4. The use of the Property shall be only office/warehouse/food processing. 5. The Grantor will erect and maintain a fence on the south side of the property line as it adjoins the residential property and property of the Grantor. 6. The hours of operation of the office/warehouse/food processing facility will be between the hours of 7:00 o'clock a.m. and 9:00 o'clock p.m. daily. 7. Dumpster service on the property is only allowed between the hours of 8:00 o'clock a.m. and 6:00 o'clock p.m. 8. All mechanical equipment must be located on the roof and screened from view. 9. All stormwater management facilities, including swales must be maintained by the Property Owner. 10. 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 -3- departments to meet all applicable City Code requirements. 11. These proffers shall supercede the proffers dated July 17, 2006 and recorded at Instrument Number 20061031001650980. All references hereinabove to the R-10 Residential and I-1 Light Industrial Zoning Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, July be repealed, amended, or varied by written instrument recorded in the Clerk's OfFce 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 such instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. -4- The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as July be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map July 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 July be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. -5- WITNESS the following signatures and seals: CHES By, ATI;ITIC, LLC Member/Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, Arlene A. Kilgore, a Notary Public in and for the City and State aforesaid, do hereby certify that Timothy E. Ashman, Member/Manager of Chesapeake Atlantic, LLC, whose name is signed as such to the foregoing instrument dated the 16th day of November, 2010, did personally appear before me in my City and State aforesaid and acknowledge the same before me. GIVEN under my hand and seal thisl-6th dav~ of November, 2010. ~~ =, { ~''! ~ ~y'`~''' ,.~~ r , -~-' ,. Notary Public; Registration o:~ 12162 My commission expires: September 30, 2011 ,; ".3_ENE A. KILGORE *~ ;taN Publlc „- ,~~i,}, ^t ,,yrclnia ~: ~~~, 3p, 2011 ARLENE A. t:ILGORE Notary Pubiic Commonwealth of Virginia 212162 My Commission Expires Sep 30, 2011 -6- Exhibit "A" PARCEL ONE: GPIN 2417-42-7931-0000 ALL THAT certain tract, piece or parcel of land, lying, situate and being in the City of Virginia Beach, Virginia in Seatack, and known, designated as Samuel L. Kellam & Margaret Kellam, 23 ac." as shown on that certain plat entitled, "Property of Samuel L. Kellam & Margaret Kellam located in Seatack-Princess Anne Co., VA Scale 1" = 50', March 15, 1953, W. B. Gallup-County Surveyor", reference to said plat being hereby made for a more particular description of said land. LESS AND EXCEPT certificate of take to the City of Virginia Beach for 0.019 AC Birdneck Roadway Project #U000-134-V27, R/W 201, recorded a Instrument No. 200502220027745. PARCEL TWO: GPIN 2417-42-6802-0000 ALL THAT certain tract, piece or parcel of land, located in Seatack of Lynnhaven Magisterial District (formerly a part of Seaboard Magisterial District) of Princess Anne County, Virginia, and more particularly bounded and described as follows: BEGINNING at a pin on the west side of the Seatack Public Road at a point 2.50 feet northwardly from the property line of Sarah Edney and the said John B. Williams and running thence south 89 degrees 15' west 786 feet to a pin in the center of a ditch, thence along the center of said ditch north 32 degrees 45' east 68 feet. to a pin; thence north. 89 degrees 22' east.736.36 feet to a pin on the west side of said Seatack Public Road; thence south 18 degrees 45' east 60 feet along said Sceptic public Road to the point of beginning. Containing one 91) acre, more or less, according to a plat of property made by J. H. Milholland, February, 1926, which is attached to this deed and made a part hereof. PARCEL THREE: GPIN 2417-32-6769-0006 Unit No. 6, in Owl's Creek Commerce Center II, a Commercial Condominium, Phase 1, located in Virginia Beach, Virginia, hereinafter called the Condominium, according to the Declaration recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 4209, page 2087, together with the undivided interest in the common elements appertaining to each unit, and the rights, privileges and appurtenances thereto belonging as declared in and shown on the condominium instrument, and as shown on the plat of condominium recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 284, pages 34 and 35. -SD- Item L.3 PLANNING ITEM # 60574 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED TO March 22, 2011, BY CONSENT, Applications of ROY E. BRINN, JR. to subdivide the lot and allow an additional single family home to be built at 3453 Robinson Road (DISTRICT 7 -PRINCESS ANNE) a. Variance to ,¢4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO). (GPIN 2412660458). b. Floodplain Variance for the driveway (GPIN 2412660458). Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 11, 2011 -51- Item L.4. PLANNING ITEM # 60575 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, an Ordinance upon application of ELIZABETH CLAIRE for a Conditional Use Permit re a home occupation (publishing) at 1832 Tolstoy Drive (GP/N #2415716360) (DISTRICT 7 -PRINCESS ANNE) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of ELIZABETH CLAIRE for a Conditional Use Permit re a home occupation (publishing at 1832 Tolstoy Drive (GPIN #2415716360) (DISTRICT 7 -PRINCESS ANNE) 801113 7454 The following conditions shall be required: 1. In accordance with Section 234 of the City Zoning Ordinance, not more than twenty (20) percent of the floor area of the dwelling unit and accessory structures shall be used in conjunction with the home occupation. 2. No permanent signs advertising the business shall be permitted, other than one as specifically permitted under Section 234 of the City's Zoning Ordinance, on the premises or installed on the lot or buildings on the lot at any time. 3. Sales to the general public of product or merchandise shall not be permitted on the property. 4. The home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 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 Eleventh day of January, Two Thousand Eleven Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None January 11, 2011 -52- Item L.S. PLANNING ITEM # 60576 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ,ADOPTED an Ordinance, BY CONSENT, upon application of VIRGINIA INDEPENDENCE TRAINING ORGANIZATION, INC/GSH COLLEGE PARK ASSOCIATES for a Conditional Use Permit re a child and adult special needs day care facility at 6056 Providence Road (GPIN 1456439800) (DISTRICT 2 -KEMPSVILLE): BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance, BY CONSENT, upon application of VIRGINIA INDEPENDENCE TRAINING ORGANIZATION, INC/GSH COLLEGE PARK ASSOCIATES for a Conditional Use Permit re a child and adult special needs day care facility at 6056 Providence Road (GPIN 1456439800) (DISTRICT 2 -KEMPSVILLE) 8011137455 The following conditions shall be required: 1. The number of individuals attending any one activity shall not exceed the number established by the City's Fire Marshall. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department/ Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official's Office. 3. If a dumpster is to be provided, it shall be screened from view from the street. 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 Eleventh day of January, Two Thousand Eleven Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None January 11, 2011 -53- Item L.1. APPOINTMENTS ITEM # 60577 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: CLEAN COMMUNITY COMMISSION COMMUNITY MEDICAL AD VISOR Y COMMISSION ENERGYADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION OPEN SPACE AD VISOR Y COMMITTEE RESORT ADVISORY COMMISSION TIDEWATER YOUTH SERVICES COMMISSION January 11, 2011 -54- Item L.2. APPOINTMENTS ITEM # 60578 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: City Treasurer Director of Finance Chief Financial Officer 2-Yr. Term 1/1/11-12/31/12 LOCAL FINANCE BOARD Voting.• 11-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 11, 2011 -SS- Item L.3 APPOINTMENTS ITEM # 60579 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Robert W. Hall William Howard Plackett 3-Yr Term 3/1/11-2/28/14 PERSONNEL BOARD Voting: 11-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 11, 2011 -56- Item L.4. APPOINTMENTS ITEM # 60580 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: John Malbon Gary McCullum, Co-Chairs Georgia Allen Dr. Deborah DiCroce, Dan Edwards Naomi Estaris Rob Goodman Ed Hamm Paul Hirschbiel Steve Kelly Aubrey Lane Bert Reese Tim Stiffler No Term VIRGINIA BEACH TOMORROW Voting: I1-0 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 January 11, 2011 -57- Item L.S. APPOINTMENTS ITEM # 60581 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Leonard Ashley Johnson Unexpired thru 9/30/12 WETLANDS BOARD Voting: 11-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January I1, 2011 -58- Items P. ADJOURNMENT ITEM # 60582 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:10 P.M. Beverly O. Hooks, CMC Y Chief Deputy City Clerk uth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor The Public Dialogue re Non-agenda items ADJOURNED at 6: I S P.M. January 11, 2011 -58- Items P. ADJOURNMENT ITEM # 60582 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:10 P.M. C~ ~. yo.~ Beverly O. Hooks, CMC Chief Deputy City Clerk ~~lL~/ uth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor The Public Dialogue re Non-agenda items ADJOURNED at 6: I S P.M. January 11, 2011 -59- PUBLIC DIALOGUE SOUTHEASTERN PARKWAY (re 3932 Indian River Road) John Kluchonic, Realtor -Keller Williams, Phone: 975) 773-0404, 1100 Volvo Parkway, Suite 200, Chesapeake, Virginia, represented Regina Gels, re status of Southeastern Parkway cutting through ,'I~Is. Geis 's property which is 3932 Indian River Road. The City owns the surrounding property. Regina Geis, 829 Brinson Lane, #4, Phone: (757) 635-2893, property owner. Old Dominion Electric Cooperative Eileen Levandoski, Virginia Beach Conservation Manager -Sierra Club, Phone: 277-8537, expressed appreciation re the creation of a Virginia Beach Energy Task Force; however, optional Wind Farms, compete with optional Oil and National Gas development for installation vessels and maritime expertise, in turn, slows down wind turbine installation and increases wind project costs. With implementation of the Task Force recommendations, Virginia Beach can be a Leader in the Commonwealth towards a clean energy feature. Ms. Levandoski is concerned re the ODEC (Old Dominion Electric Cooperative) Report. The Army Corps of Engineers is currently receiving all of its information from ODEC and is working with two (2) different consultants, both from ODEC. It is critical that the Corps also receives the positions of affected communities. January 11, 2011