JUNE 28, 2011 MINUTESCITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR WIIJ.IAM D. SESSOMS, JR., Ar-Large
VICE. MAYOR LOUIS R. JONES, Bayside -District 4
RlTA SWEET Bh'L1.17T0, At-large
GLENN R. DAMS, Rose Hal! -District 3
W/l,/.IAM R. DeSTEPH, Ar-Large
HARRY F,. DIEZEL, Kempsville -District 2
ROBERT M. DYER, Centerville -District /
BARBARA M. H6'Iv'LEY, Princess Anne -District 7
JOHN H". UHRIN, Beach -District 6
ROSEMARY WILSON, At-Large
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL APPOINTEES
CITY MANAGER -JAMES K. SPORE'
CITY ATTORNEY MARK D. STILES
CITY ASSESSOR - JERALD D. BANAGAN
Cll'YAUD/TOR LYNDONS. REMIAS
CITY Clh.'RK - X U'I'H HODGES FRASGR, MMC
I. CITY COUNCIL BRIEFINGS
- Conference Room -
1. CITY COUNCIL REDISTRICTING PLANS
Kimball Brace, President, Election Data Services, Inc.
2. HUMAN RIGHTS COMMISSION Annual Report
Fay Silverman, Chair
3. PROCESS IMPROVEMENT COMMITTEE
Councilman Bob Dyer
Chairman Richard "Tuck" Bowie
II. CITY MANAGER'S BRIEFINGS
1. ANIMAL CARE and ADOPTION CENTER IMPROVEMENTS
Chief James Cervera
2. INTERIM FINANCIAL STATEMENT
Patricia Phillips, Director -Finance
III. CITY COUNCIL COMMENTS
IV. CITY COUNCIL AGENDA REVIEW
V. INFORMAL SESSION -Conference Room -
A. CALL TO ORDER -Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
CITY COUNCIL AGENDA
28 JUNE 2011
CITY HALL BUILDING
2401 COURTHOUSE DRIVE'
VIRG/NIA BEACH, VIRGINIA 23456-9005
PHONE: (757) 385-4303
FAX (757) 385-5669!
E- MAIL: Ctycncl@vbgov.com
2:00 PM
4:30 PM
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION -City Council Chamber - 6:00 PM
A. CALL TO ORDER -Mayor William D. Sessoms, Jr.
B. INVOCATION: Reverend Randy Singer, Pastor
Trinity Church
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 June 14, 2011
G. FORMAL SESSION AGENDA
H. PUBLIC HEARING
1. LEASE OF CITY PROPERTY
1719 Virginia Beach Boulevard
I. CONSENT AGENDA
J. ORDINANCE S/RESOLUTIONS
1. Ordinances to AMEND the City Code:
a. ADD Article III to Chapter 18 re Business License Incentive Program for New Business
b. ADD §§5-103-5-105 re creation of the Animal Control Unit Advisory Board
c. §23-43 re Trespassing after having been forbidden to do so
d. §14-1 re Illegal Gambling definitions
e. §§38-3 and 38-4 re discharge and possession of Firearms, Air Guns, etc.
f. § § 6-5 and 6-12 re Animals on beaches
2. Resolution to DIRECT that a Petition for a Writ of Special Election to fill the City Council
Member At-Large be filed with the Circuit Court
3. Resolution to RESUME preparation of a "Rolling" Biennial Budget, beginning with the
FY2012-13 Budget process
4. Ordinance to AUTHORIZE an Agreement with the United Football League (UFL) for
temporary and permanent improvements to the Sportsplex
5. Resolution to CLARIFY the duties, composition and terms of the Energy Advisory
Committee
6. Ordinance to APPOINT Viewers for one-year terms beginning July 1, 2011, to view any
proposed street or alleyway closures
7. Ordinance to DIRECT the City Manager develop a program for prequalification of non-
transportation related construction contracts valued between $100,000 and $500,000
8. Resolution to designate reductions of $2,666,120 in State Aid to Localities re State
Recordation Taxes and Police Departments (HB-599)
9. Ordinance to allow the following Emergency Medical Services (EMS) vehicles to operate
within the City
a. Eastern Shore Ambulance
b. American Lifeline Medical Transport, Inc.
c. Mid-Atlantic Regional Ambulance, Inc.
d. CHKD Transport Team
e. Special Event Provides of Emergency Medicine
£ Nightingale Regional Air Ambulance
g. Lifeline Ambulance Service, Inc.
h. Life Evac Virginia
i. Eagle Medical Transports
j. Medical Transport, LLC
10. Ordinance to AUTHORIZE a temporary encroachment into a portion of City-owned property
for NINO and SAMANTHA LOGAN to construct and maintain a bulkhead, pier and boatlift
into Harbor Canal at 2333 Leeward Shore Drive (DISTRICT 5 - LYNNHAVEN)
11. Ordinance to ALLOW use of $11,767 of FY 2012 Budget funds for the Sheriff and a total of
$82,007 for Master Deputies to supplant State reimbursements for participants of these
programs
12. Ordinance to AMEND the FY 2011-12 Budget of the Department of Housing and
Neighborhood Preservation to reflect reductions in Federal funding
13. Ordinances to APPRORIATE:
a. $135,000 to the City Treasurer re purchase of mail processing equipment and office
renovation
b. Approve funds from Code Enforcement Revenues to the FY 2011-12 Operating Budget
c. $74,000 from the U.S. Department of Criminal Justice Services to Police re purchase of
vests and mobile license plate readers re response to Acts of Terrorism
d. $900 to Fire Station 7 and $200 to Fire Station 10 from the City's Fire Gift Fund re
amenities at the stations
e. TRANSFER $159,921 re moving the GrowSmart program from the Department of
Libraries to the Department of Economic Development
K. PLANNING
1. Application of MILITARY AVIATION MUSEUM/VIRGINIA BEACH AIRPORT, LLC
for Modification of a Conditional Use Permit (approved on January 9, 2007) at 1341 Princess
Anne Road (DISTRICT 7 -PRINCESS ANNE)
RECOMMENDATION
APPROVAL
2. Applications of SUKHWINDER BHARJ at 5792 Northampton Boulevard (DISTRICT 4 -
BAYSIDE)
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. Conditional Use Permit re mini warehouse storage
RECOMMENDATION
APPROVAL
3. Application of CITY OF VIRGINIA BEACH for the closure, of a public right-of--way at 2201
Elson Green Avenue and 2077 Princess Anne Road with conveyance to David B. and Luke H.
Hill (DISTRICT 7 -PRINCESS ANNE)
RECOMMENDATION
L. APPOINTMENTS
BAYFRONT ADVISORY COMMITTEE
COMMUNITY SERVICES BOARD
EASTERN VIRGINIA MEDICAL SCHOOL
HISTORICAL REVIEW BOARD
HUMAN RIGHTS COMMISSION
MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE
TOWING ADVISORY BOARD
APPROVAL
M. UNFINISHED BUSINESS
N. NEW BUSINESS
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
CITY COUNCIL RETREAT
FRIDAYAUGUST S, 2011
8:00-S:OOP.M.
ECONOMIC
DEVELOPMENT
CONFERENCE ROOM
NATIONAL NIGHT OUT '~
OCTOBER 4, 2011
-1-
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
June 28, 2011
Mayor William D. Sessoms, Jr., called to order the CITY COUNCIL BRIEFING re CITY COUNCIL
REDISTRICTING PLANS, in the Council Conference Room, Tuesday, June 28, 2011, at 2: 00 P. M.
Council Members Present:
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 Absent.•
Harry E. Diezel [Entered: 6.•00 P.M. -Doctor's O~ceJ
June 28, 2011
-2-
CITY COUNCIL BRIEFING
CITY COUNCIL REDISTRICTING PLANS
ITEM # 61022
2:00 P.M.
City Attorney Mark D. Stiles, introduced the Virginia Beach Redistricting Status Report by Kimball
Brace, Election Data Services, Inc. Mr. Brace has been working exceedingly hard with Dana Hameyer,
Assistant City Attorney
Mr. Brace referenced the Agenda for the Status Report: Public Input, Website Introduction Plans
presented to date:
Public Input
Hearings held to date
May 25 Green Run High School
June 16 Central Library
Attendance
Green Run Seven (7) individuals
Central Library Four (4) individuals
Focus to Date
Education of Voters
Brace Presentation on Process and Data
Allow individuals to ask questions and provide ideas
Lots of questions on Census data
Definitions used for Racial data
"Non-White"
Combines all minority groups into single category
(African American, Asian, American Indian,
Pacific Islander, other races, Hispanic)
Can City's Comprehensive Plan be utilized?
Increase Council size?
Mr. Brace displayed the Redistricting Website unveiled today: http://www.vbredistricting.com/An Events
Calendar allows search of all activities. Upcoming events are also highlighted. The Website will allow
individuals to submit a map in the form of a pdf to the City Council.
Several Different Alternatives crafted by the Council Liaison Group were displayed and are hereby
made a part of the record.
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- Lots of questions on Census data
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- Can City's "Comprehensive Plan" be utilized?
- Increase Council size?
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- NH Black - 27.72% VAP, NH Asian - 7.54% VAP
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- Rose Hall: 41.25% NHNonW VAP
- NH Black - 22.99% VAP, NH Asian - 9.14% VAP
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- Kempsville: 43.45% NHNonW VAP
- NH Black - 28.84% VAP, NH Asian - '7.73% VAP
• Third Highest:
- Rose Hall: 40.09% NHNonW VAP
- NH Black - 22.50% VAP, NH Asian - 9.06% VAP , ,
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- NH Black - 28.38% VAP, NH Asian - +5.58% VAP
• Third Highest:
- Centerville: 41.75% VAP
- NH Black - 22.62% VAP, NH Asian - 12.39% VAP
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- NH Black - 23.22% VAP, NH Asian - 11.44%o VAP
• Third Highest:
- Kempsville: 41.18% NHNonW VAP
- NH Black-27.25% VAP, NH Asian - 6.81~o VAP ;z
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-July 27 -Public Hearing
• Location -- Council Chambers
- August 9 -Public Hearing
• Location -- Council Chambers
- August 23 -Public Hearing
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-3-
CITY COUNCIL BRIEFING
HUMAN RIGHTS COMMISSIONANNUAL REPORT
ITEM # 61023
2:20 P.M.
Fay Silverman, Chair -Human Rights Commission stated she is proud she was selected to serve as
Chair for another year along with the two (2) Vice-Chairs: Father James E. Parke and William "Cliff"
Rice.
Human R~l~' ~ ~,~; issian Members
Fay B. Silverman, Chair
Father James E. Parke, Vice-Chair
William "Cliff" Rice, znd Vice-Chair
Beatriz Amberman
Vivian E. Blaize
Ronald Carter
Rev. E. Ray Cox, Sr.
Greg Goldfarb
William A. Hearst
Gene J. Hou
Mohammad Karim, Ph.D.
Geraldine King Hunt
L. W. "Duff" Kliewer, Jr.
Dr. Agnes Moon
Antwan L. Perry
~ou~a~~ ~.iaisons
~~~: Rita Sweet Belfitto
"I ~n_n R. Davis
Human Rights Commission
MISSION STATEMENT
The Virginia Beach Human Rights Commission (HRC) exists to advocate for the
human rights of residents in the City of Virginia Beach.
In 2010, the number of Commissioners was increased to fifteen (1 S).
Key Objectives
Educational Efforts
Communication
Community Outreach
June 28, 2011
-4-
CITY COUNCIL BRIEFING
HUMAN RIGHTS COMMISSIONANNUAL REPORT
ITEM # 61023 (Continued)
Educ°'~. gal Efforts
~l1 2ot0 Diversity & Inclusion Symposium
~ICoordinated by Human Resources and co-sponsored
by HRC
94 community partners and City members attended
Human Rights Week
City Council Resolution to retognize Human Rights
Week
~'1 Presented - December g, zoto
t7tn Annual Human Rights Awards Program
+8 Recognize citizens meritorious service for efforts in
cultural diversity and human rights for all
Seven recipients received awards for contributions
ranging from homelessness issues, Human Rights
Awareness Training to improving the lives of
estern Bayside citizens
„~
~:
Ancs~~~y Duties
Designated Commissioners visited the City's Correctional and Juvenile
facilities on a regular basis to do a "walk through review" of the
services and atmosphere.
Interaction of correctional officers with the adult and juvenile
inmates
r8 Living conditions (i.e. adequacy of spate of inmates)
~ Rehabilitation activities/programs
~ Discrimination of any type to the adult and juvenile inmates
The Commission also visited the Oceanfront:
Fourth of July
~! Labor Day
s~ Memorial Day and
~1 Other non-holiday days
~.
,~
June 28, 2011
-S-
CITY COUNCIL BRIEFING
HUMAN RIGHTS COMMISSIONANNUAL REPORT
ITEM # 61023 (Continued)
+~om =~~ C3utrea~h
Virginia Be: '- " .;~~~t Homeless Connect - A [?a~ ;~ Services
3 On January z7 participated in the annual Point-In-Time Count of
homeless individuals and families by assisting at the Day of Services
held at the Virginia Beach United Methodist Church
~1 A preliminary report from the Housing Department reflected an
increase in the homelessness count
ri! The HRC provided personal care items for the homeless
ABC's Extreme makeover: Horne Edition
In February zo» members of the Commission and HRC Coordinator participated in
many of the attivities for the Hill-Burdette family including the march and food
bank drive.
Targeted P~eyg~borhaod Programs
The HRC continues to monitor and work with the Police Department and other City
agenciesJdepartments to support the Atlantis and Northridge communities; as well
as to determine other communities that may need assistance from a human
i htsJhuman relations perspective.
` ~,,
t~ r ~-~ ~.olc~ers
Advocacy Groups
Citizens
City Government
Community Leaders
Religious Organizations
VBCPS Employees
Youth Groups
June 28, 2011
-6-
CITY COUNCIL BRIEFING
HUMANRIGHTS COMMISSIONANNUAL REPORT
ITEM # 61023 (Continued)
A means to define human rights by selected groups and to
obtain human rights concerns from our diverse community
based on residents' personal and work experiences.
To identify and determine hot topics and to make
recommendations to improve the environment and
relationships.
+.': j+
~s~-~ utc®mes
+~ Greater understanding of community concerns
New ideas and recommendations for outreach
efforts
A means to market the Human Rights Commission
demonstration that human rights, diversity and
inclusion are important to the City of Virginia Beach
"~ ::;1
~e+~~ra~~ons
~. A forum with citizens to discuss our findings
i. Rank the topics/issues and align them to the Mayor's Action
Challenge for Children and Families
3. The HRC should seek new ways to reach out to the residents of
Virginia Beach
4. Work with the City's Public Relations representative to showcase
the HRC
5. Involve the HRC in City wide issues to serve as a conduit for the
many services in the City and to possibly serve on City strategic
teams
6. For the Human Rights Commission to develop a strategy to
connect various community members and organizations
committed to similar human rights causes
7. The City needs to continue to work with the community to
change its image and the minority community's perception
~.
~~~~
June 28, 2011
-~-
CITY COUNCIL BRIEFING
HUMAN RIGHTS COMMISSIONANNUAL REPORT
ITEM # 61023 (Continued)
,~CCt~~'T 8isl~ments
~! Human Rights Resolution adopted by City
Council
Increase of HRC Membership
i~ Raise awareness about the HRC
~o son
The findings and recommendations indicate:
Progress is currently being made to make all citizens
feel included as a valued member of this this great
City
More effort is needed in order to improve the
relationships and cultural understandings in our City
ri# This will require collective action on the part of all
persons involved to design programs that wil( have a
positive impact an the entire Virginia Beach
community
We are pleased that the Building Bridges meeting series
aligns with the four focus areas of the Mayor's Action
allenge for Children and Families
'~~~
~,
There is a separate report available re "Building Bridges':
Mayor Sessoms expressed appreciation to the Human Rights Commission. This Commission is a
tremendous asset to the City.
June 28, 2011
-8-
CITY COUNCIL BRIEFING
PROCESS IMPROVEMENT STEERING COMMITTEE
ITEM # 61024
2:40 P.M.
Councilman Dyer expressed appreciation to the Mayor and City Council for establishing and entrusting
the eight-member Process Improvement Steering Committee to gather information regarding the broad
range of issues identified and to present City Council with data, scenarios and potential contingency plan
options for its consideration. The committee shall serve in an advisory capacity to City Council. It is not
a policy-making body. The function of the Committee will be to work in harmony with City Council and
City management to ident~ problems and barriers that may have negative impact on City operations,
efficiency and effectiveness. They are to facilitate solutions. The concept of this initiative is likened to
Governor Bob McDonnell 's Commission on Government Reform and Restructuring.
Chairman Tuck Bowie and Council Liaison, Robert M. Dyer, presented information and introduced
Members in attendance: David Browning and Brad Martin. A "White Paper" re the Process
Improvement Steering Committee is hereby made a part of the record.
The Mission of the Process Improvement Steering Committee:
There must be a compelling rationale for significant changes to be put into place in reaction to the
economic climate. Virginia Beach has a well deserved reputation for being a well run and managed City.
The purpose of establishing our own Committee would be preparation for the inevitable decline in
revenue streams while ensuring we maintain the capacity to deliver core and essential services to our
citizens.
The function of the Virginia Beach Commission is to take into account all the economic realities and
work with the City Council, management, employees, military, business community and the citizens to
ident~, study, analyze and make recommendations to the City Council as to how the Committee can
effectively and eff ciently operate government during the prolonged economic slowdown.
The tasks of the Committee shall include:
Obtaining input from citizens, staff, colleges, universities and subject matter experts regarding process
improvement through surveys, town hall meetings, focus groups and/or other means
Developing an inventory of situations and scenarios that the City may face in the future, along with
options and contingency plans to address those situations
Developing an inventory of subject matter experts and establishing targeted ad hoc committees as needed
to address individual issues
June 28, 2011
PROCESS IMPROVEMENT STEERING COMMITTEE CONTACT LIST
TUCK BOWIE-Chair ~ Work: 460-1770 tuckbow@terrypeterson.com
Cell: 435-6268
DAN BROCKWELL-Vice-Chair Cell: 434-7750 danhbrockwell@cox.net
DAVID BROWNING Home: 689-4007 dgb2204@aol.com
Cell: 615-5950
BILL BRUNKE - Work: 222-0134 william.brunke@brunkecpa.com
Cell: 286-2772
WANDA COOPER Work: 965-5608 wcooper@bullockcooper.com
Cell: 328-3456
BOB DYER- Council Liaison
BARRY EZELL
BRAD MARTIN
OSMAY TORRES
CATHERINE WHITESELL-Staff
Cell: 7494659 bobdyer@regent.edu
Home: 467-1695 bezel)@odu.edu
Cell: 831.3632
Work: 689-4840 brad@mart-eng.com
Cell: 404-3532 osmay.torres@yahoo.com
Work: 385-4593 cwhitese@vbgov.com
Revised 6/26/11
-9-
CITY MANAGER `S BRIEFING
ANIMAL CARE and ADOPTION CENTER IMPROVEMENTS
2:47 P.M.
ITEM # 61025
The City Manager introduced Chief James Cervera to brief City Council re the Animal Care and
Adoption Center improvements.
June 28, 2011
-10-
CITY MANAGER `S BRIEFING
ANIMAL CARE and ADOPTION CENTER IMPROVEMENTS
ITEM # 61025 (Continued)
~~
_~
June 28, 2011
-11-
CITY MANAGER `S BRIEFING
ANIMAL CARE and ADOPTION CENTER IMPROVEMENTS
ITEM # 61025 (Continued)
June 28, 2011
-12-
CITY MANAGER `S BRIEFING
ANIMAL CARE and ADOPTION CENTER IMPROVEMENTS
ITEM # 61025 (Continued)
June 28, 2011
-13-
CITY MANAGER `S BRIEFING
ANIMAL CARE and ADOPTION CENTER IMPROVEMENTS
ITEM # 61025 (Continued)
^ Chief Cervera referenced Emergency Pet Sheltering Plan/TrailerAcquisition.
Through a Department of Homeland Security Grant organized by the Regional Planning
District Commission, the Virginia Beach Police Department will receive a Pet Supplies
Trailer to supplement a Pet Sheltering Disaster Plan (planning in progress). Anticipated
trailer arrival: Fall 2011
^ Trailer utilization protocols and trailer specification will be publically accessible via the
City's website once finalized
^ Trailer will provide caging and supplies for the establishment of a 156 caged pet shelter
Chief Cervera recognized Juleen Ballance , Professional Animal Care and Adoption Center Manager,
and Captain Mike Glendon, Commanding Officer of Special Operations. Animal Enforcement and Care
also are under Captain Glendon with Lieutenant David Squires being the Lieutenant in charge of that
Unit.
June 28, 2011
-14-
CITY MANAGER `S BRIEFING
INTERIM FINANCIAL STATEMENT
3:00 P.M.
ITEM # 61026
Patricia Phillips, Director of Finance, distributed the FY 2011 Interim Financial Statements for the City
and School Board for the eleven months ended May 31, 2011. As of May 31, 2011, total General Fund
revenues are $725.6-Million. Current revenues are 74.5% of the budget, compared to 73.4% in FY 2010
and 70. S% in FY 2009, and are, therefore, tracking consistently with historical trends. Total revenues are
anticipated to meet or slightly exceed current estimates. Most major revenues are tracking well (with the
exception of telecommunication taxes which are expected to be substantially under current estimates).
Total General Fund Revenues
May 31, 2009 - 2011
$1,100 __.. .._. .......__. _..... _.... ...... ........... __.;
51,046.1
51,009.0 i
$900
o
~ $800
h
~
$738.9 =725.6
5718.5
e
u $700
a
$600 --
$500
i
$400
FY 2009 Fl' 2010 FY 2011
^Actual Thru May 31 ^Annual Budgat
FY 2011 Year-To-Date General Fund Revenues
Compared to Historic Trend
May 31, 2011
loo°~
Bo %
e
d60%
CG
5
F°
~ 40%
a`
20%
YTD ACTUAL = $725.6M
74s
ANNUAL BUDGET = $974.OM 71,6%
59.1
s0.2 % s8.3
46.3 % 54.4
43.0 % 48.9
45.0
42.1
26.7
9,7
3.8 % 12.7 %
1.5 % 83%
)ul Aug Sep _. Oct ...Nov Dec lan.. Feb.... Mar _.. .Apr May Jun
°~^Rcv Trcnd -~ % of FY 1 1 Rev Budget I
June 28, 2011
-15-
CITY MANAGER `S BRIEFING
INTERIM FINANCIAL STATEMENT
ITEM # 61026 (Continued)
FY 2011 General Fund Revenues and Expenditures
Compared to Budget Thru May 31, 2011
(in millions)
Annual YTD
Budeet Actual Variance
Revenue s
Local (81.1% of budget)
State (16.6% of budget)
Federal (2.3% of budget)
Total Revenues
$ 789.6 $ 616.8 $ (172.7)
161.9 89.6 (72.3)
22.6 19.2 (3.4)
$ 974.0 $ 725.6 $ (248.4)
Expenditures/Encumbrances
City $ 650.8 $ 579.6 $ 71.2
City Capital 45.7 41.9 3.8
Schools 336.2 308.2 28.0
Schools Capital 4.7 4.3 0.4
Total Expenditures/Encumbrances $ 1,037.4 $ 934.0 $ 103.4
Less Amounts Funded from Fund Balance
Outstanding Encumbrance at 6/30/10 $ 7.9
Approved Carryover Requests 0.6
City Capital Projects 28. I
School Capital Projects 4.7
Norfolk Southern right of way 5.0
School Reversion 14.3
Risk Management 2.8
Adjusted Expenditures/Encumbrances $ 974.0
FY 2011- General Fund Revenues
On Target
Revenue to be collected between now and 8/12 is $88M
• Several items are on a 1 - 2 month lag
• Many key revenues are projected to meet or exceed budget:
• Real Estate - $1 M - 1.5 M over
• Personal Property - $250 - SOOK over
• Business License -meet budget
• General Sales Tax - $1 - 1.5M over
• Hotel Room Tax - $250 - SOOK over
• Restaurant Meal Tax - $1 - 2M over
• Telecommunications Tax will be substantially under budget
• Real Estate second installment due June 61h
• Local Annual Personal Property tax due June 6cn
June 28, 2011
-16-
CITY MANAGER `S BRIEFING
INTERIM FINANCL4L STATEMENT
ITEM # 61026 (Continued)
FY 2011- General Fund Revenues
On Target
• Revenue to be collected between now and 8/12 is $88M
• Several items are on a 1 - 2 month lag
• Many key revenues are projected to meet or exceed budget:
• Real Estate - $1M - 1.SM over
• Personal Property - $250 - SOOK over
• Business License -meet budget
• General Sales Tax - $1 - 1.SM over
• Hotel Room Tax - $250 - SOOK over
• Restaurant Meal Tax - $1 - 2M over
• Telecommunications Tax will be substantially under budget
• Real Estate second installment due June 6cn
• Local Annual Personal Property tax due June 6th
GASB 54 Impact
New for FY 2011
• GASB 54 requires revenues tied to a fund to be budgeted in
the fund as a revenue, not as a transfer.
• Result: FY11 interfund transfers and revenues are smaller
General Fund budget is also smaller
GASB 54
(in millions) FY09 FY10 FYl l
Total General Fund Budgeted Revenues $ 1,069.6 $ 1,043.7 $ 974.0
Less: Amounts excluded due to GASB 54 (23.5) (34.7) N/A
Adjusted General Fund Budgeted Revenues $ 1,046.1 $ 1,009.0 $ 974.0
Annual Amounts excluded from GF Revenue due to GASB 54:
Non-GF Hotel Room Tax $ 17.6
Non-GF Restaurant Meal Tax 17.5
Amusement Tax 5.7
Cigarette Tax 1.0
Total Budgeted Revenue Reported in Special Revenue Funds 41.8
June 28, 2011
-17-
CITY MANAGER `S BRIEFING
INTERIM FINANCIAL STATEMENT
ITEM # 61026 (Continued)
Real Estate Revenues
May 31, 2007 - 2011
_.______.........._.__. _ ......._............ ... ...... .... ' .._ ..-__.._. __. __....._...._ _ ... _ ............ ......._....._...__....................._ 100x
FAl(ORABLE'TREND
5500 -j479.1 3493.0 7;481.8
BUDGET
5443.1 5452.5
7dA% 74.2o1G 75.4%
aox
5400 53;.; 70,1%
5357:6 ~
346.4
328.T 312.6 341.3 0
G 60x y
5300
M _.. U
q
d
~
F
> aox
~
~ f2DD o
S1DD 20%
FY 2007 FY 2008 FY 2009 FY 2070 FY 2011
tACtual Collections iYTD t% of Total
~ Personal Property Taxes
May 31, 2007 - 2011
560 _.__ ..__... ....... ...._....
573rt FAVORABLE TREND
567.5 S6&.t BUDGET aox
563.1
67.8
j9o 557:8.
sox
0 58 ~ % 59:0°.6 59.4% o
._
53.7%
542.5
'542.8
c
j~0 2
~ 540 u
~ j3E.3 f34.3 a
~ a0x F
d
S20
lox
fD ox
FY 2D07 FV 2009 FY 2009 FY 2010 FY 2011
DActual Collections ~YTD +% of Total
June 28, 2011
-18-
CITY MANAGER `S BRIEFING
INTERIM FINANCIAL STATEMENT
ITEM # 61026 (Continued)
General Sales Taxes
May 31, 2007 - 2011
FAVORABLE TREND
S60 2.8% Up from FY70 140%
554.U 554.1 BUDGET
551.4 550.3 uo%
545 545.2 545.0 f4J.2- _... $43.0
541.9 700%
c ~• ~ o
80 % d
0
530
- U
~
y
> 60% ~
I
`
y
K o
~
40 %
515
20%
0%
50
FY 2007 FY 2008 FY 2009 FY 2070 FY 2011
tAdual Collectio ns tt~YTD t %of Total
70.0%
8.9%
o.o %
s.o %
•70.0%
,$-wp ~wp ,wp ?w0 w0 Ow0 Qw0 ~w0 ,w0 4wo ~pww ww ww ~ww +ww aww
~l' P4 aT pY ?~ ~ 6~' CF' ?~ OF' )r ~4~ ~ PQ ~T 5J
)`~
~.++~Monthly %Change from PY
' Collections lag sales by 2 months
June 28, 2011
General Sales Taxes Collections
Monthly %Change from FY10 to FY11
0.4%
III
-19-
CITY MANAGER `S BRIEFING
INTERIM FINANCIAL STATEMENT
ITEM # 61026 (Continued)
Telecommunications Taxes
May 31, 2007 - 2011
:zo
3.5% Down from FY10 UNFAVORABLE TRENQ
120%
525 524.b
~'"'"""'~ BUDGET
521.7 521.6
520.8
Szo 518.7...... too%N
0
bis~7 518.3 d
E75.4 .:515.7 e
51b .:a
~ 80% ~
m `o
rc ~
sto
so %
55
FY 2007 FY 2008 FY 2009 FY 2010 FY 2071
tACtual Collections ~YTD -4r•%of Total
Hotel Room Taxes
General Fund Portion Only
May 31, 2007 - 2011
--
50%
58 6 % Up from FY10
6 .FAVORABLE TREND
. 55.4 55.2 S5.2 B ~ GET `' i
51
55.1 .55.1
S5 54.9 54.8 54
7 125
54 7 .
c 54 ': 100%
i
C
~
G i O_
d
n
~ S7 75% tj
~
o
d
~
~
S2
-
-' 50% r
o
e
Si 25%
SO _ ; - _-I- 0%
FY 2007 FY 2008 FY 2009 FY 2010 FY 2011
[Actual Collections a~YTD t % of Total
June 28, 2011
-20-
CITY MANAGER `S BRIEFING
INTERIM FINANCIAL STATEMENT
ITEM # 61026 (Continued)
Total Hotel Room Taxes
May 31, 2007 - 2011
... _ ................_..,. ~.~....____.......___ _.........._.,-. __ _....._.._. _.............._ ........_..... .................__m_..___..._ 150%
6.5 / Up from FY10 FAVORABLE TREND
525 BUDGET...
f23.6 f23
0
.
522.8
522.6 22.7 922
1
.
f21 6 921 1 125%
520.7 120.&
Szo
too%
N
C
C
O °
Tj
°- S15 °
w 75% tj
m
~ ~
°
i p F
d S10 O
0: 50 % o
SS 25%
-
0%
50
FY 2007 FY 2008 FY 2009 FY 2010 FY 2071
OACtual Collections ~YTD •~ % of Total
Hotel Room Taxes 8% Allocation
(in millions)
Total Hotel Room Tax FY11 Budget = $22.7M
^GF2%
^ CBD TIF
^ TAP 1 %/$1
~TGIF2.5%
^ MP 2.5%
o SB $1
'ax = S % plus $1 room nights
has an additional 2'h % tax
June 28, 2011
I I III i t i I
-21-
CITY MANAGER `S BRIEFING
INTERIM FINANCIAL STATEMENT
ITEM # 61026 (Continued)
Restaurant Meal Taxes
General Fund Portion Only
May 31, 2007 - 2011
--- -- - 160%
--"""-
f35 -
4.4 % Up from FY10 -
FAV ORABLE TREND.. B UDGET
630.6 530.8 530.9 530:7
629'8 529.3
ff0 527.9 528.0 E28.1 1zs%
,`$27.1
f2s
- ~:
~
-
700% ~
° 1• s- ~
,
r - .~ o
~T-
i
~
f Szo 0
w : U
a
~ - ~ - - 75% ~
o
c
w 518 f
`o
to ~
b0%
f10
; 28%
fs _ .
~ ' o%
SO
FY 2007 FY 2008 FY 2009 FY 2010 FY 2017
mACtual Collections ~YTD +% of Total
Total Restaurant Meal Taxes
May 31, 2007 - 2011
_-_..__.,.~,___ - 750%
4.4 % Up from FY10 FAVORABLE TREND * BUDGET
Sao 548.7 548.1 548.3 548.4 8.2
:~.'. 542.8 { a ,'~ 543.7 544.0 544.0 5480 12s%
~„~; ;,
. ~ _-,.
ti
Sao
100%
1' ~' o
o
~ 530 U
- 75% ry
o
c t"
`o
i
d ;e
~ f20
so^r.
SO -- 0%
FY 2007 FY 2008 FY 2009 FY 2010 FY 2011
C7ACtual Collections titit~VTD t%of Total
June 28, 2011
-22-
CITY MANAGER `S BRIEFING
INTERIM FINANCIAL STATEMENT
ITEM # 61026 (Continued)
Summary of City's General Fund Revenues
May 31, 2011
(in millions)
* Real Fstate Taxes
Personal Property Taxes
PPTRA
General Sales Tax
Utility Taxes
Telecommunications Takes
Business Licenses
* Hotel Tames
* Restaurant Taxes
Charges for Services
Other Local Revenues
* State Revenues
* Federal Revenues
- Fl' 2011 Yl"D
Budget $ % Trend
$ 452.5 $ 341.3 75.4 % F
63.1 42.8 67.8 F
53.4 6.5 12.2 A
50.6 43.0 85.0 F
25.2 21.8 86.3 F
22.0 15.7 71.4 U
40.8 40.2 98.7 F
5.1 5.1 983 F
30.7 29.3 95.6 F
40.6 32.1 79.0 A
58.9 45.6 77.4 A
108.5 83.1 76.6 A
22.6 19.2 84.8 A
$ 974.0 $ 725.6 74.5 % A
* GF portion only F-Fawrable
L=Unfavorable
June 28, 2011
-23-
CITY MANAGER `S BRIEFING
INTERIM FINANCL4L STATEMENT
ITEM # 61026 (Continued)
General Fund Revenues
FY 2011 Year-To-Date General Fund Expenditures
Compared to Historic Trend
May 31, 2011
loo~°
YTD ACTUAL = $934.OM
ANNUAL BUDGET= $1,O37.4M
619"6
52.&~~, ~,nn'
45.5 % r„„+'n'~ ~ 51.2%
38.3 % u~""` 0
iq,J% 36.6%
sa9c~
100.0 %
so~°
9
c
c
w
' 60%
F
0
c
d 40°/
o.
20°/a
7
r,,,,..+r" vo.u%
7-
xz.5
1%
N.U
66.5
4'%. / 17.3
x°'10.5
0% ~
Jul Aug Sep Oct Nov Dec lan Feb Mar Apr May Jun
-a-fixpenJit Tend ~~ of FYI I Exp BuJgel
June 28, 2011
-24-
CITY MANAGER `S BRIEFING
INTERIM FINANCIAL STATEMENT
ITEM # 61026 (Continued)
Total General Fund Expenditures
May 31, 2009 - 2011
$1,100 ---° :-.. __ ........_____ .. _. _._._. ._...._ -.._._._......._ ........._..__..
1 082.7
51,046.1 $1,037.4
$1,000 5993.3 _..
5945.1 I
'j934.0
0
$900
E
0
9
v $800
a
$700 -
$600
FY 2009 Fl' 2010 F'1' 2011
^Actual Thru May 31 t7 Annual Budget
FY 2011 Year To Date General Fund Revenues & Expenditures
Compared to Historic Trend At May 31, 2011
100.0 %
Joo°r°
94.9°
8
9
a
t° 59.1
60%
52.8"..
~ 45.5'! .1.2% 46.3°
430% -#8.~":.~
d 0 % +s.ti'i,.
38.5 % 44
y 40% .
1?.i?%
29.4"'/0 36.6%
26.7°
4%, 24.5 % ZI. I r°
17
20% .
9.7
10.5 % l2.'%,
1.5 % 3 8s'rh,
OMo
lul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
-4w-Rev Trend "M-% of FYII Rev Budget -°M~Expenditure Trend -2C- % of FYII Exp Budget
ACTUAL REVENUES= $725.6M g6•I~' 90.9%
°
~
ACTUAL EXPENDITURES= $934.OM 0
82.5%
74.5 %
(i9.0"4 74.0 % ? Lo
June 28, 2011
-25-
CITY MANAGER `S BRIEFING
INTERIM FINANCL4L STATEMENT
ITEM # 61026 (Continued)
General Fund FY 2011 Expenditures
• Total at May 31, 2011:
+ $934.OM, or 90.0%, of $1.037B Budget
• Summary of Actual Expenditures Under Budget at June 30:
in millions
* Totals Exclude Encumbrances
General Fund Expenditures
Total % of Total
Budget City % of City,
Budget Schools
2008 Actual $60.3 5.6% $25.0 3.5% $35.3
2009 Actual $45.2 4.0% $30.3 3.9% $14.9
2010 Actual $53.2 4.9% $35.5 4.7% $17.7
June 28, 2011
-26-
CITY MANAGER `S BRIEFING
INTERIM FINANCIAL STATEMENT
ITEM # 61026 (Continued)
Review revenues received after June 30`" to accrue to 2011
Review expenditures to accrue
Review encumbrances to release
Next briefing on August 9`" for data through June 2011.
Review funds, prepare workpapers, coordinate audit
Unaudited financials briefing on September 27'" for FY 2011
June 28, 2011
-27-
AGENDA REVIEW SESSION
3:20 P.M.
ITEM # 61027
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
J. ORDINANCES/RESOLUTIONS
1. Ordinances to AMEND the City Code:
a. ADD Article III to Chapter 18 re Business License Incentive Program for New
Business
b. ADD ~~5-103-5-105 re creation of the Animal Control Unit Advisory Board
c. ,¢23-43 re Trespassing after having been forbidden to do so
d. ,¢14-1 re Illegal Gambling definitions
e. ~~38-3 and 38-4 re discharge and possession of Firearms, Air Guns, etc.
f. ~~ 6-5 and 6-12 re Animals on beaches
2. Resolution to DIRECT that a Petition for a Writ of Special Election to fill the City
Council Member At-Large be filed with the Circuit Court
3. Resolution to RESUME preparation of a "Rolling" Biennial Budget, beginning with
the FY2012-13 Budget process
4. Ordinance to AUTHORIZE an Agreement with the United Football League (UFL) for
temporary and permanent improvements to the Sportsplex
5. Resolution to CLARIFY the duties, composition and terms of the Energy Advisory
Committee
6. Ordinance to APPOINT Viewers for one year terms beginning July 1, 2011, to view any
proposed street or alleyway closures
7. Ordinance to DIRECT the City Manager develop a program for prequalification of non-
transportation related construction contracts valued between $100, 000 and $500, 000
8. Resolution to designate reductions of $2, 666,120 in State Aid to Localities re State
Recordation Taxes and Police Departments (HB-599)
9. Ordinance to allow the following Emergency Medical Services (EMS) vehicles to
operate within the City
a. Eastern Shore Ambulance
b. American Lifeline Medical Transport, Inc.
c. Mid-Atlantic Regional Ambulance, Inc.
d. CHKD Transport Team
e. Special Event Provides of Emergency Medicine
f. Nightingale Regional Air Ambulance
g. Lifeline Ambulance Service, Inc.
h. Life Evac Virginia
i. Eagle Medical Transports
j. Medical Transport, LLC
June 28, 2011
-28-
AGENDA REVIEW SESSION
ITEM # 61027 (Continued
10. Ordinance to AUTHORIZE a temporary encroachment into a portion of City-owned
property for NINO and SAMANTHA LOGAN to construct and maintain a bulkhead,
pier and boatlift into Harbor Canal at 2333 Leeward Shore Drive (DISTRICT S -
LYNNHAVEN)
11. Ordinance to ALLOW use of $11, 767 of FY2012 Budget funds for the Sheriff and a
total of $82, 007 for Master Deputies to supplant State reimbursements for participants
of these programs
12. Ordinance to AMEND the FY 2011-12 Budget of the Department of Housing and
Neighborhood Preservation to reflect reductions in Federal funding
13. Ordinances to APPRORIATE:
a. $135, 000 to the City Treasurer re purchase of mail processing equipment and office
renovation
b. Approve funds from Code Enforcement Revenues to the FY 2011-12 Operating
Budget
c. $74, 000 from the U.S. Department of Criminal Justice Services to Police re
purchase of vests and mobile license plate readers re response to Acts of Terrorism
d. $900 to Fire Station 7 and $200 to Fire Station 10 from the City's Fire Gift Fund re
amenities at the stations
e. TRANSFER $159, 921 re moving the GrowSmart program from the Department of
Libraries to the Department of Economic Development
Item J.3. ("Rolling" Biennial Budget) shall be DEFERRED, BY CONSENT, until the City Council
Session of July 5, 2011.
June 28, 2011
-29-
AGENDA REVIEW SESSION
ITEM # 61027 (Continued)
BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA:
K. PLANNING
2. Applications of SUKHWINDER BHARJ at 5792 Northampton Boulevard (DISTRICT 4
- BAYSIDE)
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. Conditional Use Permit re mini warehouse storage
3. Application of CITY OF VIRGINIA BEACH for the closure, of a public right-of--way at
2201 Elson Green Avenue and 2077 Princess Anne Road with conveyance to David B.
and Luke H. Hill (DISTRICT 7 - PRINCESSANNE)
June 28, 2011
-30-
ITEM # 61028
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 of real property for public purpose, 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.•
Bayside District
Kempsville District
Beach District
Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council voted to proceed
into CLOSED SESSION at 3:28 P.M.
June 28, 2011
-31-
ITEM # 61028 (Continued)
Voting: 9-0
Council Members Voting Aye:
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
Cozmcil Members Absent.•
Harry E. Diezel [Doctor's Appointment)
(Closed Session: 3:28 P.M. - S: IS P.M.)
(Break: 3: 30 P.M. - 3: 37 P.M.)
June 28, 2011
-32-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
June 28, 2011
6:00 P.M.
Mayor William D. Sessoms, Jr. called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, June 28, 2011, at 6:00 P.M.
Council Members Present:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel,
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson
and James L. Wood
Council Members Absent:
None
INVOCATION.• Reverend Randy Singer, Pastor
Trinity Church
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.
June 28, 2011
-33-
Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank.
Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On
March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a
Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a
`personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of
transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton
Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal
knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local
Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting
of City Council for the purpose of identifying any matters in which he might have an actual or potential
conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the
appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones
regularly makes this disclosure. Vice Mayor Jones' letter of April 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 identifying any matters in which she might have an actual or potential conflict. If, during her
review she identifies any matters, she will prepare and frle the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Cormcil 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 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.Ianuary 27, 2004, is hereby made a part of the record.
June 28, 2011
-34-
Item - V-E.1
CERTIFICATION
ITEM # 61029
Upon motion by Councilman Dyer, seconded by Councilman Uhrin, 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: 9-0
Council Members Voting Aye:
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 Abstaining:
Harry E. Diezel
Council Members Absent:
None
Councilman Diezel ABSTAINED as he was not in attendance during the City Council CLOSED
SESSION (Doctor's appointment)
June 28, 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 #61028, Page 30, and in accordance with the provisions of The
Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3712 of the Code of V irginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies
that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open
Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution
applies; and, (b) only such public business matters as were identified in the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach City Council.
--~
uth Hodges Fraser, MMC
City Clerk
June 28, 2011
-35-
Item V-F.1
ITEM # 61030
Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council APPROVED the
MINUTES of the INFORMAL and FORMAL SESSIONS of June l4, 2011
Voting.• 8-0
Council Members Voting Aye:
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 and
James L. Wood
Council Members Voting Nay:
None
Council Members Abstaining.•
William R. "Bill "DeSteph and Rosemary Wilson
Council Members Absent:
None
William R. "Bill "DeSteph ABSTAINED as he was out the Country on business June 6 - 22, 2011
Rosemary Wilson ABSTAINED as she was on Family Holiday in Portugal June 9 -19, 2011
June 28, 2011
-36-
Item V H.
ITEM # 61031
Mayor Sessoms DECLARED A PUBLIC HEARING:
LEASE OF CITY PROPERTY
1719 Virginia Beach Boulevard
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING:
June 28, 2011
-37-
Item V.J.
ORDINANCES/RESOLUTIONS ITEM # 61032
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council APPROVED IN ONE
MOTION, Items la,b,c,d,ef, 2, 3 (DEFERRED July S, 2011), 4, S, 6, 7, 8, 9a/b/c/d/e/f/g/h%r/j, 10, 11,
l2, 13a/b/c/d/e/ of the CONSENT AGENDA.
Voting.• 10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer,
Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay.
None
Council Members Absent:
None
June 28, 2011
-38-
Item V. J. I a f
ORDINANCES/RESOLUTIONS ITEM # 61033
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY
CONSENT.•
Ordinances to AMEND the City Code:
a. ADD Article III to Chapter 18 re Business License Incentive Program for New Business
b. ADD ,¢,¢5-103-5-105 re creation of the Animal Control UnitAdvisory Board
c. x'23-43 re Trespassing after having been forbidden to do so
d. x'14-1 re Illegal Gambling definitions
e. ~¢~38-3 and 38-4 re discharge and possession of Firearms, Air Guns, etc.
f. ,¢~ 6-S and 6-12 re Animals on beaches
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer,
Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., .lohn E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 28, 2011
1 AN ORDINANCE TO ADD ARTICLE III TO CHAPTER 18
2 OF THE CITY CODE PERTAINING TO A BUSINESS
3 LICENSE INCENTIVE PROGRAM FOR NEW
4 BUSINESSES
5
6 SECTIONS ADDED: 18-201; 18-202; 18-203; 18-204; 18-
7 205; 18-206; 18-207; and 18-208
8
9 WHEREAS, the City asked the General Assembly in its 2011 Legislative
10 Package to provide authority for the City to provide a business license incentive to
11 encourage new businesses;
12
13 WHEREAS, the General Assembly has provided authority for the City to provide
14 a business license incentive program to encourage new businesses;
15
16 WHEREAS, the City Council desires to provide relief in the form of a Business
17 License Incentive Program for new businesses to reduce the local tax burdens of
18 businesses that locate in the City;
19
20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
21 VIRGINIA BEACH, VIRGINIA:
22
23 That in furtherance of the above-stated desire and intent of the City Council,
24 Article III of Chapter 18 of the Code of the City of Virginia Beach is hereby set forth as
25 follows:
26
27 ARTICLE III BUSINESS LICENSE INCENTIVE PROGRAM FOR NEW BUSINESSES
28
29 Section 18-201. Purpose and Intent.
30
31 The city council finds that the development of its business tax base requires a
32 business license incentive program for new businesses ("Incentive Program") and
33 determines that a reduction in the business license taxes for qualifying new businesses
34 will foster business development and encourage entrepreneurialism.
35
36 Section 18-202. Administration.
37
38 This article shall be administered and enforced by the commissioner of the
39 revenue.
40
41 Section 18-203. Effective Date.
42
43 This article shall be effective January 1, 2012.
44
45 Section 18-204. Definitions.
46
47 For purposes of this article, the following words shall have the meanings ascribed
48 to them in this section:
49
50 Qualifvinp Business shall mean a business that locates for the first time in the city after
51 the effective date of this article. A business shall not be deemed to locate in the city for
52 the first time based on a merger, acquisition, similar business combination, name
53 change, or a change in business form. A business shall not be deemed to locate in the
54 car for the first time if there is an existing business in the city trading under the same or
55 substantially similar business name, the businesses conduct similar business activities,
56 and the businesses are related either by a shared ownership structure or a contractual
57 relationship such as a franchisor/franchisee relationship. A Qualifying Business shall
58 not include peddlers and itinerant merchants. A Qualifying Business shall not include a
59 contractor required to obtain a business license by section 58.1-3715(8) of the Code of
60 Virginia. When applying for any benefit afforded under this article, the applicant shall
61 have the burden of proving qualification as a Qualifvinp Business.
62
63 Merger shall mean the combination of two or more existing businesses to establish a
64 new business.
65
66 Acquisition shall mean the combination of two or more existing businesses where one
67 business acquires the ownership of the other business(es).
68
69 Similar Business Combination shall mean any transaction that is of the same nature as
70 a merger or an acquisition.
71
72 Name Change shall mean the change in the name upon which a business trades. A
73 Name Change occurs whether or not the business registers such name or change of
74 name with the State Corporation Commission.
75
76 Change in Business Form shall mean a change in the organization of an existing
77 business. A Change in Business Form occurs whether such change is voluntary or
78 involuntary, recognized by the State Corporation Commission or not recognized by the
79 State Corporation Commission. A Change in Business Form shall include a new
80 business entity that meets the definition of "Affiliated Group," as that term is defined in
81 section 58.1-3700.1 of the Code of Virginia, and such business conducts business
82 activities that are similar to one or more of the affiliated businesses. However a new
83 business entity that meets the affiliation definition but undertakes a business that
84 conducts substantially different business activities shall not be treated as a Change in
85 Business Form.
86
87 Business License Year shall mean calendar year.
88
89 Section 18-205. Presumption.
90
91 The Incentive Program is a program in the nature of a partial tax exemption. As
92 such, the rule of construction provided by article X, section (f) of the Constitution of
93 Virginia shall apply
94
95 Section 18-206. Application and Appeal.
96
97 (a) Any business seeking to qualify as a Qualifvinq Business shall complete an
98 application in writing. The application shall be on forms developed by the
99 commissioner of the revenue.
100
101 (b) Any determination of qualification or of non-qualification as a Qualifying Business
102 shall be in writing by the commissioner of the revenue.
103
104 (c) The appeal of a determination of non-qualification shall follow the appeal process
105 of any other business license tax decision.
106
107 Section 18-207. Business License Tax Reduction.
108
109 (a) AQualifying Business that would otherwise be required to pay license taxes
110 pursuant to City Code section 18-5.2~) shall be entitled to pay business license
111 taxes at the $50.00 flat fee provided by City Code section 18-5.2(b).
112
113 (b) The license tax reduction provided in subsection (a) shall apply to the Business
114 License Year in which the aualifying business locates in the city and the
115 following Business License Year.
116
117 (c) A Qualifying Business shall forfeit any entitlement to the license tax reduction
118 provided in subsection (a) if such business is delinquent on any local tax
119 including but not limited to personal property taxes, real property taxes,
120 admissions taxes, meals taxes, and transient occupancy taxes.
121
122 Section 18-208. Obligations of a Qualifvinq Business.
123
124 (a) Nothing in this article shall be construed to repeal any requirement of businesses
125 within the city to maintain records or comply with an audit by the commissioner of
126 the revenue.
127
128 (b) A Qualifying Business shall report its personal property and gross receipts to the
129 commissioner of the revenue, at such times and in such manner as required by
130 law and the failure to timely report shall result in the forfeiture of any entitlement
131 to the license tax reduction provided by subsection (a) of section 18-206.
Adopted by the Council of the City of Virginia Beach, Virginia on the 28th day of
June, 2011.
REQUESTED BY COUNCILMEMBERS DAVIS, DESTEPH AND WILSON
1 AN ORDINANCE TO ADD SECTIONS 5-103 TO 5-105 TO
2 THE CITY CODE PERTAINING TO THE CREATION OF
3 THE VIRGINIA BEACH ANIMAL CONTROL UNIT
4 ADVISORY BOARD
5
6 Sections Added: City Code §§ 5-103 to 5-105
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA:
10
11 That Sections 5-103 to 5-105 of the City Code are hereby added to read as
12 follows:
13
14 Sec. 5-103. Animal Control Unit Advisory Board.
15
16 (a) The Virginia Beach Animal Control Unit Advisory Board ("Advisory Board")
17 shall serve as an advisory board to the Virginia Beach Police Department and shall be
18 vested with the following duties and functions. The Committee shall serve as a group of
19 interested community members who will regularly meet to provide advice to help sustain
20 and advocate for the operation of the City's Adoption-Friendly Animal Care and
21 Adoption Center ("Adoption Center") and the Animal Control Unit's enforcement efforts
22 so as to best serve the community.
23
24 (b) The Advisory Board shall support the City's animal adoption, animal
25 enforcement and animal sheltering functions and shall enhance the City's relationship
26 with animal care professionals animal advocacy groups and community members. The
27 Advisory Board shall provide vision and leadership recommendations to the Police
28 Department in order to meet the City's present and future animal care needs.
29
30 Sec. 5-104. Membership.
31
32 The Advisory Board shall consist of seven voting members and four non-voting
33 members plus two non-voting City Council liaisons. The members shall be appointed
34 by the Police Department. The seven voting members shall consist of: two Virginia
35 Beach SPCA ("VBSPCA") representatives (whose names will be submitted by the
36 VBSPCA Executive Director)' two Friends of Virginia Beach Animal Control ("the
37 Friends") representatives (whose names will be submitted by officers of the Friends);
38 two representatives from the external veterinary community (whose names will be
39 submitted by the South Hampton Roads Veterinary Medical Association); and an
40 interested citizen -who is not affiliated with any of the above groups. The Adoption
41 Center manager the Animal Enforcement Unit Lieutenant, a representative of the
42 Virginia Beach Health Department, and the Adoption Center veterinarian shall be the
43 four non-voting members and shall be appointed as permanent members of the
44 Advisory Board. All voting members shall be residents of the City of Virginia Beach
45 and shall be appointed to three-year terms and subject to a term limit of three
46 consecutive three year terms Of the initial appointments however, one of the two
47 representatives of the VBSPCA the Friends and the external veterinary community
48 shall be appointed to an initial two-year term The interested citizen who is not affiliated
49 with any of the above groups shall be appointed to a three-year term.
50
51 Sec.5-105. Duties.
52
53 The Advisory Board shall:
54
55 (a) serve as the advisory body to the Police Department on behalf of the
56 community in matters related to animal care by serving as an independent, unbiased
57 sounding board;
58
59 (b) serve in an advisory capacity for staff addressing mission critical service
60 topics and community outreach by helping foster positive relationships with all
61 customers;
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63 (c) provide advisory recommendations to staff to ensure quality care for the
64 animals cared for at the Adoption Center including: ~:
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66 (1) Advice regardinq general animal control issues;
67 (2) Advice regarding the status of rabies in the city and the public health
68 aspect of rabies;
69 (3) Recommendations regardinq animal licensing procedures and fees;
70 ~4) Advice regardinq animal shelter operations in the city;
71 ~5) Recommendations regardinq field health operations; and
72 (6) Consultations with city staff and public health experts regardinq animal
73 issues culminating with reports of such findings and recommendations to
74 the city manager and City Council;
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76 (d~ increase awareness of animals available for adoption at the Adoption
77 Center;
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79 fie) increase awareness of the importance of spaying/neutering animals;
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81 (f) educate the community regarding the humane treatment of animals- and
82 other matters related to animal care responsibilities;
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84 fig) provide a forum for public discussion of the Animal Care Unit's efforts to
85 bring about positive change and process improvement;
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87 ~h) serve as a means of communication between animal care professionals,
88 animal advocacy groups community members and municipal staff;
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90 (i) support the Animal -Control Unit in its task to provide the best possible
91 care to the animals and quality customer service to the members of the Virginia Beach
92 community;
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94 (i) undertake projects and activities to benefit the Animal Control Unit and the
95 community;
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97 (k) advocate on behalf of the Animal Control Unit in the community; and
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99 (I) provide an annual report to City Council.
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102 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
103 BEACH, VIRGINIA:
104
105 (1) That the Advisory Board shall present monthly reports to City Council,
106 starting after its first meeting and continuing until six months after the opening of the
107 new Animal Care and Adoption Center. The reports may be written, or one or more
108 representatives of the Advisory Board may give aten-minute oral report to City Council
109 during a City Council workshop or briefing session.
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111 (2) That six months after the opening of the new Animal Care and Adoption
112 Center, City Council will review the work and effectiveness of the Advisory Board and
113 consider whether changes to structure or duties of the Advisory Board are needed.
114
115 (3) The Advisory Board shall be established thirty days after the adoption of
116 this ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, this 7R+h day
of 7 ,,,P , 2011.
APPROVED AS TO LEGAL SUFFICIENCY:
~~ .
City Attorney's Offic
CA 11889
R-3
June 17, 2011
1 AN ORDINANCE TO AMEND SECTION 23-43 OF THE
2 CITY CODE PERTAINING TO TRESPASSING AFTER
3 HAVING BEEN FORBIDDEN TO DO SO
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5 Section Amended: § 23-43
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7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9
10 That Section 23-43 of the Code of the City of Virginia Beach, Virginia, is hereby
11 amended and reordained to read as follows:
12
13 Sec. 23-43. Trespass after having been forbidden to do so.
14
15 (a) If any person shall, without authority of law, go upon or remain upon the lands,
16 buildings or premises of another, or any part, portion or area thereof, after having
17 been forbidden to do so, either orally or in writing, by the owner, lessee,
18 custodian, or the agent of an sy uch person, or other person lawfully in charge
19 thereof, or after having been forbidden to do so by a sign or signs posted by or at
20 the direction of such person or the agent of any such person or by the holder of
21 any easement or other right-of-way authorized by the instrument creating such
22 interest to post such signs on such lands, buildings, premises or part, portion or
23 area thereof, at a place or places where it or they may be reasonably seen, or if
24 any person, whether he is the owner, tenant or otherwise entitled to the use of
25 such land, building or premises, goes upon, or remains upon such land, building
26 or premises after having been prohibited from doing so by a court of competent
27 jurisdiction by an order issued pursuant to Virginia Code Sections 16.1-253, 16.1-
28 253.1, 16.1-278.2 through 16.1-278.6, 16.1-278.8, 16.1-278.14, 16.1-278.15,
29 16.1-279.1, 19.2-152.8, 19.2-152.9, 19.2-152.10 or an ex parte order issued
30 pursuant to Virginia Code Section 20-103, and after having been served with
31 such order, he shall be guilty of a Class 1 misdemeanor. This section shall not be
32 construed to affect in any way the provisions of Virginia Code Sections 18.2-132
33 through 18.2-136.
34
35 (b) Any owner, lessee, custodian, or person lawfully in charge of real property may,
36 in writing on a form prescribed by the chief of police, designate the police
37 department as a "person lawfully in charge thereof," as-those terms are used in
38 subsection (a) of this section, for the purpose of forbidding another to go or
39 remain upon the lands, buildings or premises of such owner, lessee, custodian,
40 or person lawfully in charge. Such designation shall include a description of the
41 land(s), building(s) or premises to which it applies; shall reference the period of
42 time during which it is in effect; and shall be kept on file in the office of the chief
43 of police or in such other location within the police department as the chief of
44 police deems appropriate.
45
46 The effective date of this ordinance shall be July 1, 2011.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 28th day of
June, 2011.
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AN ORDINANCE TO AMEND SECTION 14-1 OF
THE CITY CODE PERTAINING TO ILLEGAL
GAMBLING DEFINITIONS
Section Amended: § 14-1
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 14-1 of the Code of the City of Virginia Beach, Virginia, is hereby
amended and reordained to read as follows:
Sec. 14-1. Definitions.
For the purposes of this chapter, the following words and phrases shall have the
meanings respectively ascribed to them by this section:
Gambling device. A "gambling device" includes:
(1) Any device, machine, paraphernalia, equipment or other thing, including books,
records and other papers, which are actually used in an illegal operation or
activity;
(2) Any machine, apparatus, implement, instrument, contrivance, board or other
thing, including but not limited to, those depending upon the insertion of a coin
or other object for their operation, which operates, either completely
automatically or with the aid of some physical act by the player or operator, so
that, depending upon elements of chance, it may eject something of value or
determine the prize or other thing of value to which the player is entitled;
provided, that the return to the user of nothing more than additional chances or
the right to use such machine is not deemed something of value within the
meaning of this subparagraph; and provided further, that machines that only sell
or entitle the user to items of merchandise of equivalent value that may differ
from each other in composition, size, shape or color, shall not be deemed
gambling devices within the meaning of this subparagraph.
Such devices are no less gambling devices if they indicate beforehand the
definite result of one or more operations but not all the operations, nor are they
any less gambling devices if, apart from their use or adaptability as such, they
also sell or deliver something of value on a basis other than chance.
Illegal gambling. The making, placing or receipt of any bet or wager in the city of money
or other thing of value, made in exchange for a chance to win a prize, stake or other
consideration or thing of value, dependent upon the result of any game, contest or other
event the outcome of which is uncertain or a matter of chance, whether such game,
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contest or event occurs or is to occur inside or outside the limits of this city, shall
constitute illegal gambling.
Other thing of value. The term "other thing of value" includes but is not limited to the
purchase of a product, internet access or other thing, which purchase credits the
purchaser with free points or other measureable units that may be (i) risked by the
purchaser for an opportunity to win additional points or other measurable units that are
redeemable by the purchaser for money or (ii) redeemed by the purchaser for money,
and but for the free points or other measurable units, with regard to clauses (i) and (ii),
the purchase of the product, Internet access, or other thing (a) would be of insufficient
value in and of itself to iustify the purchase or (b) is merely incidental to the chance to
win money.
Operator. The term "operator" includes any person, firm or association of persons who
or which conducts, finances, manages, supervises, directs or owns all or part of an
illegal gambling enterprise, activity or operation.
The effective date of this ordinance shall be July 1, 2011.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 28tH
day of June, 2011.
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AN ORDINANCE TO AMEND SECTIONS 38-3 AND 38-
4 OF THE CITY CODE PERTAINING TO THE
DISCHARGE AND POSSESSION OF FIREARMS, AIR
GUNS, ETC.
Sections Amended: §§ 38-3 and 38-4
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 38-3 and 38-4 of the Code of the City of Virginia Beach, Virginia, is
hereby amended and reordained to read as follows:
Sec. 38-3. Discharge of firearms, air guns, etc.
(a) It shall be unlawful for any person to discharge any firearm, spring-propelled rifle
or pistol ,from or across any land or water north or
west of the trace of the line beginning at the intersection of North Landing Road
and the Chesapeake-Virginia Beach city boundary line; thence northwardly along
North Landing Road to Indian River Road; thence eastwardly along Indian River
Road to New Bridge Road; thence northeastwardly along New Bridge Road to
Sandbridge Road, thence eastwardly along Sandbridge Road to its intersection
with the Atlantic Ocean, or across any land north of False Cape State Park and
east of Shipps Bay and Point Creek. This prohibition shall not apply to shotguns
discharging pellets under the following conditions:
(1) On land that is fifty (50) acres or more of contiguous area, or less than
fifty (50) acres of contiguous area south of the trace of the line beginning
at the intersection of Elbow Road and the Chesapeake-Virginia Beach
city boundary line; thence northeastwardly along Elbow Road to Salem
Road; thence southeastwardly along Salem Road to North Landstown
Road; thence northeastwardly along Landstown Road to Princess Anne
Road; thence southeastwardly along Princess Anne Road to Sandbridge
Road; thence eastwardly along Sandbridge Road to its intersection with
the Atlantic Ocean; and
(2) Under one (1) ownership; and
(3) Used primarily for agricultural purposes; and
(4) The landowner has applied for an annual permit from the city manager to
use his property for this purpose, which permit shall be granted by the
city manager if the applicant meets the requirements of this section; and
45 (5) The person discharging a shotgun as herein set forth shall, at all times
46 while engaged in such activity, have in his possession written permission
47 from the landowner to discharge such weapon on the premises; and
48
49 (6) All permits shall expire on the next June 30 after the date of issuance.
50
51 (b) Notwithstanding the provisions of subsection (a)(4) above, no permit shall be
52 issued to a landowner if it is determined by the city manager or his duly
53 authorized agent that the issuance of such permit would be detrimental to the
54 public safety, and any permit that has been issued and is in effect may be
55 revoked by the city manager if it is determined by the city manager or his duly
56 authorized agent that conditions have changed since the date of issuance of the
57 permit that cause the continued use of the land for the permitted purpose to be
58 detrimental to the public safety.
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60 (c) It shall be lawful to discharge firearms of .22-caliber or less south of the trace
61 line enumerated in subsection (a) subject to the provisions of this section. It shall
62 be unlawful to discharge any firearms greater than .22-caliber any place within
63 the city; provided, however, that muzzleloading rifles using a charge of black
64 powder or black powder equivalent may be used to hunt deer during the open
65 season prescribed therefor by the Department of Game and Inland Fisheries
66 south of the trace of the line described in subsection (a)(1). For purposes of this
67 section, a muzzleloading rifle shall mean asingle-shot flintlock or percussion rifle,
68 .45 caliber or larger, firing a single lead projectile or sabot with a .38 caliber or
69 larger nonjacketed lead projectile of the same caliber loaded from the muzzle of
70 the weapon and propelled by at least fifty (50) grains of black powder or black
71 powder equivalent.
72
73 (d) Notwithstanding any other provisions of this section, it shall be unlawful for any
74 person to discharge any firearm, spring-propelled rifle or pistol, e~-a+r1^r
75 from, on, across or within one hundred fifty (150) yards of any
76 building, dwelling, street, sidewalk, alley, roadway or public land or public place
77 within the city limits.
78
79 (e) The prohibitions of this section shall not apply to the operation of a shooting
80 event that is sponsored by an organized group, provided, the written approval of
81 the chief of police as to the safety and location of the event is obtained prior to
82 the event.
83
84 (fl No person shall use a pneumatic gun in the area of the City described in (a)
85 above except (i) at approved shooting ranges or (ii) on or within private property
86 with permission of the owner or legal possessor thereof when conducted with
87 reasonable care to prevent a projectile from crossing the bounds of the propert rL.
88 For purposes of this subsection, "pneumatic gun" means any implement
89 designed as a pun that will expel a BB or a pellet by action of pneumatic
90 pressure, including but not limited to paintball guns. Further, for the purpose of
91 this subsection "reasonable care" means that the pneumatic gun is discharged in
92 a manner so the projectile is contained on the property by a backstop, earthen
93 embankment or fence. The discharge of projectiles across or over the bounds of
94 the property shall create the rebuttable presumption that the use of the
95 pneumatic gun was not conducted with reasonable care and shall constitute a
96 Class 3 misdemeanor
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98 ~#}~ Nothing in this section shall be construed to prohibit the discharge of firearms
99 and other weapons by (1) law enforcement officers; (2) military personnel; or (3)
100 federal, state or local government animal or fowl management agency agents in
101 the city as part of authorized training or in the performance of their duties.
102
103 {~}~ A violation of any provision of this section unless otherwise specified shall
104 constitute a Class 1 misdemeanor.
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106 ....
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108 Sec. 38-4. Possession and discharge of firearms, air guns, etc., by certain
109 minors.
110
111 (a) Except as provided in Code of Virginia ~ 18.2-308.7 fit shall be unlawful and a
112 Class 4 1 misdemeanor for any person under the age of f;~~; eighteen (18)
113 years to have in his possession or use any firearm, shotgun, spring-propelled rifle
114 or pistol, ,
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118 (b) It shall be unlawful and a Class 3 misdemeanor for any person under the age of
119 eighteen 18) to have in his possession or use any pneumatic gun, unless such
120 minor is under the direct supervision of his parent, legal guardian or other adult
121 supervisor approved in writing by the parent or legal guardian. Additionally and in
122 lieu of direct supervision, a minor age sixteen (16) or above may carry on his
123 person the written consent of his parent or lawful guardian.
124
125 The effective date of this ordinance shall be July 1, 2011.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 28tH
day of June, 2011.
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AN ORDINANCE TO AMEND SECTIONS 6-5
AND 6-12 OF THE CITY CODE PERTAINING
TO ANIMALS ON THE BEACH
SECTIONS AMENDED: §§ 6-5 and 6-12
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 6-5 and 6-12 of the Code of the City of Virginia Beach, Virginia,
are hereby amended and reordained to read as follows:
Sec. 6-5. Animals on beach and adjacent areas.
(a) It shall be unlawful for any person who owns or has control of any animal to
permit such animal to be on the die sand beaches, the boardwalk or the grassy area
west of the boardwalk to the property lines from Rudee Inlet on the south to 42nd Street
on the north during the period from 6:00 p.m. on the Friday before Memorial Day
through 6:00 p.m. Labor Day of each year, such period hereinafter referred to as the
"season."
(b) It shall be unlawful for any person who owns or has control of any animal to
permit such animal to be on any other his sand beaches within the city during the
season; provided, however, that a dog or cat may be permitted on said beaches in the
custody of or under the control of a responsible person during the season between the
hours of 6:00 p.m. and 10:00 a.m. the following day.
(c) It shall be unlawful during the season for any person to have in his
possession or under his control any animal, other than a dog or cat, on Atlantic Avenue
or in the parks and connector streets between Atlantic Avenue and the boardwalk, from
Rudee Inlet to 42nd Street, unless such animal is in an escape-proof container.
(d) Any person who owns or has control of any animal shall not knowingly or
willfully permit such animal to litter any ~f~is sand beaches within the city or to litter the
boardwalk or the grassy area west of the boardwalk to the property lines from Rudee
Inlet on the south to 42nd Street on the north, at any time. In the event such animal
shall defecate on the +s sand beaches within the city, or on the boardwalk or the
grassy area west of the boardwalk to the property lines from Rudee Inlet on the south to
42nd Street on the north at any time, the person who owns or has control of such
animal shall immediately remove all feces deposited thereon by such animal and
dispose of same in a sanitary manner approved by the department of public health,
such as by encasing same in an airtight wrapper or container and placing same in a
garbage receptacle. Failure to so remove said feces in accordance with the provisions
of this subsection shall constitute a Class 1 misdemeanor.
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(e) Notwithstanding the above, it shall be unlawful for any person who owns or
has control of any animal to permit such animal to be on any his sand beaches within
the city, at any time, unless such person shall have in his possession a container of
sufficient size and adequate design to remove and dispose of all feces deposited
thereon by such animal, in accordance with the provisions of subsection (d).
(f) With the exception of subsections (d) and (e), the provisions of this section
shall not be applicable to a guide dog, hearing dog or service dog trained to accompany
a person with a disability while being accompanied by such person, or to any dog or
horse in the custody or control of a law enforcement officer while such officer is in the
performance of his duties.
(g) For purposes of this section, the term "animal" shall be deemed to include,
but not be limited to, any mammal, bird, or reptile.
Sec. 6-12. Riding horses or driving vehicles on beach or dunes.
(a) It shall be unlawful for any person to ride a horse or any other animal or to
operate or drive a vehicle of any kind on the +s sand beaches or upon the sand
dunes within the city, except that area between the ocean and sand dunes south of the
exit ramp at the southern end of Little Island Recreation Park (now being used as a
public way to commute back and forth to a place of residence).
(b) The provisions of this section shall not apply to the police mounted patrol,
city vehicles operated while cleaning or working on the beach, police and emergency
vehicles, erosion commission vehicles, vehicles of net fishermen operating under proper
permits, vehicles operated by physically handicapped persons by permission of the city
manager or his designee, or vehicles operated by wildlife rescue workers pursuant to
written authorization by the police department's second precinct commander.
(c) The provisions of this section shall not apply in the resort area to conduct
that is explicitly authorized by a special events permit issued pursuant to City Code
Section 4-1 or by franchise awarded by the city council.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 28th
day of June, 2011.
-39-
Item V.J.2.
ORDINANCES/RESOLUTIONS ITEM # 61034
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY
CONSENT:
Resolution to DIRECT that a Petition for a Writ of Special Election to
fill the City Council Member At-Large be filed with the Circuit Court
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer,
Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 28, 2011
1 A RESOLUTION DIRECTING THAT A PETITION FOR A
2 WRIT OF SPECIAL ELECTION TO FILL THE OFFICE OF
3 MEMBER AT LARGE BE FILED WITH THE CIRCUIT
4 COURT
5
6 WHEREAS, Rita Sweet Bellitto, City Council Member At Large, was elected for a
7 term that ends December 31, 2014;
8
9 WHEREAS, Mrs. Bellitto has submitted her resignation from the City Council
10 effective June 18, 2011;
11
12 WHEREAS, the Code of Virginia § 24.2-226 requires that within fifteen (15)
13 calendar days of receipt of resignation, the governing body shall petition its circuit court
14 for a Writ of Special Election at the next general election following the vacancy to fill the
15 remaining portion of the Council Member's term; and
16
17 WHEREAS, the next general election following Mrs. Bellitto's resignation will be
18 on November 8, 2011.
19
20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
21 VIRGINIA BEACH, VIRGINIA:
22
23 That the City Council directs the City Attorney to file a Petition for a Writ of
24 Special Election in the Circuit Court for the purpose of filling the vacancy in the office of
25 City Council Member At Large for a term ending December 31, 2014.
Adopted by the City Council of the City of Virginia Beach, Virginia, this 28th day
of June , 2011.
APPROVED AS TO LEGAL SUFFICIENCY:
~.
~~_---E;ity y' ffice
CA11913
R-1
June 14, 2011
1
-40-
Item V.J.3.
ORDINANCES/RESOLUTIONS ITEM # 61035
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council DEFERRED TO
July S, 2011, BY CONSENT
Resolution to RESUME preparation of a "Rolling" Biennial Budget,
beginning with the FY2012-13 Budget process
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer,
Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 28, 2011
-41-
Item i! J.4.
ORDINANCES/RESOLUTIONS ITEM # 61036
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY
CONSENT:
Ordinance to AUTHORIZE an Agreement with the United Football
League (UFL) for temporary and permanent improvements to the
Sportsplex
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer,
Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 28, 2011
i AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO EXECUTE AN INCENTIVE
3 AGREEMENT WITH UFL MANAGEMENT, LLC
4
5 WHEREAS, Hometown Sports Management, LLC ("HSM"), the company
6 contracted by the City of Virginia Beach (the "City") to manage the Virginia Beach
~ Sportsplex ("Sportsplex"), has reached an agreement with the United Football League
s ("UFL") to establish a UFL team at the Sportsplex;
9
to WHEREAS, the UFL has requested that the City provide funds to make
ii temporary and permanent improvements to the Sportsplex for the purpose of expanding
12 seating capacity and making the facility more suitable for professional football;
13
14 WHEREAS, the City has agreed to provide incentive payments to the UFL for
i5 the purpose of making said improvements to the Sportsplex. The amount of the
i6 incentive payments would be based on a percentage of the admissions taxes paid to
~~ the City by the UFL; and
is
i9 WHEREAS, City Council finds that the provision for incentive payments as set
20 forth in the Summary of Terms, attached hereto as Exhibit A, will promote the use of the
21 City-owned Sportsplex and be beneficial to the City.
22
23 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
24 VIRGINIA BEACH, VIRGINIA:
25
26 That the City Manager is hereby authorized to execute an incentive agreement
27 with UFL Management, LLC, so long as such agreement is consistent with the
2s Summary of Terms attached hereto, and made a part hereof, and such other terms and
29 conditions deemed necessary and sufficient by the City Manager and in a form deemed
3 o satisfactory by the City Attorney.
31
32 Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th day
33 of June 2011.
APPROVED AS TO CONTENT
Par & eation
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM:
..fir'
City Attorney
CA11721
1lvbgov.comlDFS t \,4pplicationslCityLawProdlcycom321W pdocs\D013\P010\00019907. DOC
R-1
May 13, 2011
1
EXHIBIT A
SUMMARY OF TERMS
UFL -INCENTIVE AGREEMENT
PARTIES: City of Virginia Beach
UFL Management, LLC, a Delaware limited liability company
TERM: Two (2) years, commencing with the signing of the
agreement.
INCENTIVE
PAYMENT: Each year the City will pay to the UFL an amount equal to
eighty percent (80%) of the admissions taxes paid for UFL
games at the Sportsplex.
The incentive payment is capped at $240,000 per year and
will only be made on a reimbursement basis for expenses
incurred.
Payments to be made monthly from the commencement of
ticket sales through the end of the season, and quarterly in
the off-season. The monthly payments will be in an amount
equal to 80% of the admissions taxes paid the prior month,
subject to verification of expenses incurred. The quarterly
payments will be in an amount equal to 80% of the
admissions taxes paid the prior quarter, subject to
verification of expenses incurred.
USE OF
PAYMENTS: UFL must use the incentive payments for temporary and
permanent improvements to the Sportsplex of the type set
forth on Schedule A attached hereto.
SCHEDULE A
Improvements, additions or enhancements to the following elements of the Sportsplex
will be eligible for reimbursement under the Incentive Agreement:
Seating
Scoreboard/ video board
Restrooms
Concession Stands (excluding inventory)
Lockers
Storage facilities
Practice field upgrades
Press box upgrades
Lighting upgrades
-42-
Item V.J.S.
ORDINANCES/RESOLUTIONS ITEM# 61037
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY
CONSENT:
Resolution to CLARIFY the duties, composition and terms of the Energy
Advisory Committee
Voting.• 10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer,
Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 28, 2011
A RESOLUTION REGARDING THE ENERGY ADVISORY
COMMITTEE
1 WHEREAS, on April 28, 2009, Mayor Sessoms created the Mayor's Alternative
2 Energy Task Force ("Task Force") to analyze energy issues affecting Virginia Beach;
3
4 WHEREAS, the Task Force delivered a report of its findings and
5 recommendations to City Council, and among its recommendations was a suggestion
6 that City Council create and appoint an Energy Advisory Committee;
7
8 WHEREAS, on January 25, 2011, the City Council adopted the report, with the
9 caveat that certain recommendations-including the creation of the Energy Advisory
10 Committee-shall be pursued as deemed appropriate on a case-by-case basis by the
11 Council;
12
13 WHEREAS, on March 22, 2011, City Council appointed the Chairperson of the
14 Energy Advisory Committee, and on April 26, 2011, Council appointed seven additional
15 members to the committee;
16
17 WHEREAS, at their first and only meeting to date, members of the committee
18 requested clarity as to their roles and responsibilities, and a City Council resolution
19 setting forth the committee's duties and composition would assist the committee
20 members in their work.
21
22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
23 VIRGINIA BEACH, VIRGINIA:
24
25 1. That City Council has established the Energy Advisory Committee as an
26 advisory committee to City Council. The committee shall consist of not more than
27 eleven members, all of whom shall be appointed by City Council. Of the eight members
28 who have already been appointed, City Council will designate three members whose
29 initial term shall be for three years; three whose initial term shall be for two years; and
30 two shall have an initial term of one year. Thereafter, all appointments shall be made
31 for three years. The Council-appointed chairperson shall serve in that capacity until
32 June 30, 2012. Thereafter, the committee shall elect one of its members to serve as
33 chairperson. The committee also may elect avice-chairperson and such other officers
34 as the committee may deem appropriate.
35
36 2. That the duties of the committee shall be as follows:
37
38 Work with City staff and industry representatives to implement and track
39 the City's progress on meeting the recommendations of the Task Force,
40 and advise City Council on an annual basis of that progress; provided,
41 however, that no action shall be taken with respect to the remaining four
42 recommendations specifically identified by City Council in its January 25,
43
44
45
46
47
48
49
50
2011 ordinance until and unless City Council specifically authorizes further
action on those items;
• Track federal, state and local energy policies that may impact the City;
• Conduct Energy SWOT (Strengths, Weaknesses, Opportunities, and
Threats) Analysis for the City;
• Recommend to City Council an overall energy organization administration
structure for the City; and
• Perform other such tasks as may be assigned by City Council.
Adopted by the Council of the City of Virginia Beach, Virginia on the 28~.ti
day of June , 2011.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
~iwuc-~i
Pla ing Department
~~
City Attorney's O e
CA11898
R-2
June 15, 2011
-43-
Item V.J.6.
ORDINANCES/RESOLUTIONS ITEM # 61038
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY
CONSENT:
Ordinance to APPOINT Viewers for one year terms beginning July 1,
2011, to view any proposed street or alleyway closures
Voting.• 10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer,
Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Cozmcil Members Absent:
None
June 28, 2011
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AN ORDINANCE APPOINTING THREE (3) VIEWERS FOR
ONE-YEAR TERMS BEGINNING JULY 1, 2011, TO VIEW
EACH STREET OR ALLEY PROPOSED TO BE CLOSED
WHEREAS, Section 33-11.2 of the City Code provides that "[t]hree (3) viewers
shall be appointed each year to serve terms of one year beginning July 1 to view each
and every street or alley proposed to be altered or vacated during the term;" and
WHEREAS, it is the desire of City Council to appoint the Directors of the
Departments of Planning, Public Works and Parks and Recreation to serve as viewers
for one-year terms, beginning July 1, 2011 and ending June 30, 2012.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the Director of Planning, Director of Public Works and Director of Parks and
Recreation of the City of Virginia Beach are each hereby appointed as a viewer to serve
a one-year term beginning July 1, 2011 and ending June 30, 2012, to view each and
every application to close a street or alley, and to report in writing their opinion of what
inconvenience, if any, would result from discontinuing the street or alley or portion
thereof.
Adopted by the Council of the City of Virginia Beach, Virginia on the ~~
day of ,~~„n , 2011.
APPROVED AS TO CONTENT:
Departmen of Planning
APPROVED AS TO LEGAL
SUFFICIENCY:
~~G~C~~e%f~
City Attorney's Office
CA 11893
R-1
May 31, 2011
-44-
Item V.J. 7.
ORDINANCES/RESOLUTIONS ITEM # 61039
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY
CONSENT.•
Ordinance to DIRECT the City Manager develop a program for
prequalification of non-transportation related construction contracts
valued between X100, 000 and $500, 000
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer,
Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent.
None
June 28, 2011
REQUESTED BY COUNCILMEMBERS DAVIS AND DYER
1 AN ORDINANCE DIRECTING THE CITY MANAGER TO
2 DEVELOP A PROGRAM FOR PREQUALIFICATION OF
3 CONSTRUCTION CONTRACTS BETWEEN $100,000 AND
4 $500,000
5
6 WHEREAS, the requirement for bid, payment, and performance bonds
7 (collectively, "bonding") for City nontransportation-related construction contracts
8 exceeding $100,000 is provided by state law;
9
10 WHEREAS, Delegate Ron Villanueva proposed House Bill 1951 to increase the
11 statutory threshold for nontransportation-related construction contracts that require
12 bonding;
13
14 WHEREAS, the General Assembly adopted the bill and the Governor signed it
15 into law, which, effective July 1, 2011, will allow the City to waive the bonding
16 requirements on nontransportation-related construction contracts valued between
17 $100,000 and $500,000 if prospective contractors are prequalified;
18
19 WHEREAS, the City has adopted procedures for the prequalification of
20 prospective contractors for construction contracts (Resolution 3169, adopted February
21 7, 2006);
22
23 WHEREAS, with the exception of projects with significant health or safety risks,
24 such as environmental remediation and proprietary controls, the use of a
25 prequalification process instead of a bonding requirement for nontransportation-related
26 construction contracts valued at $500,000 or less will present little or no financial risk to
27 the City, primarily because the City does not pre-pay for such work;
28
29 WHEREAS, the City believes that reducing barriers to entry in the procurement
30 process will benefit the City by increasing competition in City procurements and will also
31 benefit small, woman-owned, minority-owned, and service disabled veteran-owned
32 businesses for which bonding requirements are often an insurmountable impediment to
33 their participation in the City's construction contract procurement process; and
34
35 WHEREAS, the Virginia Beach Minority Business Council supports the increase
36 of dollar thresholds for construction contracts that require bonding.
37
38 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
39 VIRGINIA BEACH, VIRGINIA:
40
41 The City Manager or his designees shall develop a program (the "Program")
42 based on the changes to state law provided by Chapter 789 of the 2011 Acts of
43 Assembly, effective July 1, 2011, that is consistent with the following parameters:
44
45 a. The Program will apply to nontransportation-related construction contracts
46 valued between $100,000 and $500,000, with the exception of projects that
47 have significant health or safety risks such as environmental remediation and
48 proprietary controls;
49
50 b. As required by state law, prospective contractors must be prequalified before
51 bonding can be waived;
52
53 c. The prequalification process will be consistent with City Council Resolution
54 3169;
55
56 d. A prospective contractor may be denied prequalification only upon the
57 grounds set forth in Section 2.2-4317 of the Virginia Code. However, for this
58 Program only, financial capacity will not be an applicable basis for denial of
59 prequalification; and
60
61 e. After prequalification, prospective contractors will not require bid,
62 performance, or payment bonds for those contracts subject to this Program.
Adopted by the Council of the City of Virginia Beach, Virginia on the 28th day
of June , 2011.
APPROVED AS TO CONTENT
Finance Department
APPOROVED AS TO LEGAL SUFFICIENCY:
~~ ~ !"l
City Attorney's Office
CA11885
R-3
June 21, 2011
-45-
Item V.J.8.
ORDINANCES/RESOLUTIONS ITEM # 61040
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY
CONSENT:
Resolution to designate reductions of $2, 666,120 in State Aid to
Localities re State Recordation Taxes and Police Departments (HB-599)
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer,
Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 28, 2011
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A RESOLUTION TO SUPPORT THE DESIGNATION
OF SPECIFIC FUNDING STREAMS FOR
REDUCTION IN STATE AID TO LOCALITIES
WHEREAS, the General Assembly has reduced State Aid to Localities funding
by $60 million in FY 2011-12, of which $2,666,120 is allocated to the City of Virginia
Beach;
WHEREAS, the State has designated the reductions "local option" by requiring
localities to choose the areas of reduction or make payments directly to the State, or the
Virginia Department of Planning and Budget will withdraw the balance from programs
the State deems "most discretionary;"
WHEREAS, the City of Virginia Beach continues to oppose this reduction
strategy;
WHEREAS, the City is concerned that reductions could be made to specific
programs, such as Constitutional Offices or mental health services, without allowances
for direct program expenditure reductions;
WHEREAS, there are only two State revenues, State Recordation Tax and State
Aid to Localities with Police Departments (HB-599), which do not support specific
programs in the City's General Fund; and
WHEREAS, the FY 2011-12 Operating Budget already assumes reductions in
State Recordation Tax and HB-599 revenues.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That City Council supports the designation of State Recordation Taxes and State
Aid to Localities with Police Departments (HB-599) as the preferred programmatic
reductions to meet the General Assembly's State Aid to Localities reduction allocation of
$2,666,120.
Adopted by the Council of the City of Virginia Beach, Virginia on the ~R~h day
of June , 2011.
APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY
!~
~Manag e t Services C' A 's Office
CA11925/R-2/June 21, 2011
-46-
Item V.J.9.
ORDINANCES/RESOLUTIONS ITEM # 61041
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY
CONSENT:
Ordinance to allow the following Emergency Medical Services (EMS) vehicles to
operate within the City
a. Eastern Shore Ambulance
b. American Lifeline Medical Transport, Inc.
c. Mid-Atlantic Regional Ambulance, Inc.
d. CHKD Transport Team
e. Special Event Provides of Emergency Medicine
f. Nightingale Regional Air Ambulance
g. Lifeline Ambulance Service, Inc.
h. Life Evac Virginia
ti Eagle Medical Transports
j. Medical Transport, LLC
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer,
Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 28, 2011
1 AN ORDINANCE TO GRANT PERMITS ALLOWING
2 CERTAIN EMERGENCY MEDICAL SERVICES
3 AGENCIES TO OPERATE IN THE CITY OF VIRGINIA
4 BEACH
5
6 WHEREAS, pursuant to City Code Section 10.5-2, any organization that operates
7 an emergency medical services agency or any emergency medical services vehicle within
8 the City must first obtain a permit from City Council, and such permits must be renewed on
9 an annual basis; and
10
11 WHEREAS, applications for permit renewals have been received by the following
12 agencies: Eastern Shore Ambulance, American Lifeline Medical Transport, Inc., Mid-
13 Atlantic Regional Ambulance, Inc., Children's Hospital of the King's Daughters Transport
14 Team, Life Evac Virginia, Special Event Providers of Emergency Medicine, Nightingale
15 Regional Air Ambulance, Lifeline Ambulance Service, Inc., Life Evac Virginia, Eagle
16 Medical Transports, and Medical Transport, L.L.C.; and
17
18 WHEREAS, the above-listed private ambulance agencies perform services not
19 provided by the City's volunteer rescue squads, such as non-emergency inter-facility
20 transports, which include both basic and advance life support calls.
21
22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
23 VIRGINIA BEACH;
24
25 1. That the City Council hereby grants Emergency Medical Services permits to the
26 following agencies:
27
28 Eastern Shore Ambulance, American Lifeline Medical Transport, Inc., Mid-
29 Atlantic Regional Ambulance, Inc., Children's Hospital of the King's
30 Daughters Transport Team, Special Event Providers of Emergency Medicine,
31 Nightingale Regional Air Ambulance, Lifeline Ambulance Service, Inc.,
32 LifeEvac Virginia, Eagle Medical Transports, and Medical Transport, L.L.C.
33
34 2. That these permits shall be effective from July 1, 2011 until June 30, 2012.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 28th day
of June , 2011.
APPROVED AS TO CONTENT:
Emergency Medical Services
APPROVED AS TO LEGAL SUFFICIENCY:
City A ey'
CA11866
R-1/June 13, 2010
- 47 -
Item V.J.10.
ORDINANCES/RESOLUTIONS ITEM # 61042
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY
CONSENT:
Ordinance to A UTHORIZE a temporary encroachment into a portion
of City-owned property for NINO and SAMANTHA LOGAN to
construct and maintain a bulkhead, pier and boatlift into Harbor Canal
at 2333 Leeward Shore Drive (DISTRICT 5 - LYNNHAVEN)
The following conditions shall be required:
1. The temporary encroachments shall be constructed and maintained in accordance with the laws of
the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's
specifications and approval.
2. Nothing herein shall prohibit the City from immediately removing, or ordering the Applicant to
remove, all, or any part of, the Temporary Encroachments from the Encroachment Area, in the
event of an emergency or public necessity; and, the applicant, to the extent of their respective
interests therein, shall bear all costs and expenses of such removal.
3. The temporary encroachments shall terminate upon notice by the City to the applicant and, within
thirty (30) days after such notice is given, the temporary encroachments must be removed from the
encroachment area by the applicant and the applicant will bear all costs and expenses of such
removal.
4. The applicant shall indemnify and hold harmless the City, its agents and employees from and
against all claims, damages, losses and expenses, including reasonable attorney's fees in case it
shall be necessary to file or defend an action arising out of the location or existence of the
temporary encroachments.
5. Nothing herein contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and to the
limited extent specified herein, nor to permit the maintenance and construction of any
encroachment by anyone other than the applicant.
6. The applicant agrees to maintain the temporary encroachments so as not to become unsightly or a
hazard.
7. The applicant must obtain a permit from the Planning Department prior to commencing any
construction.
8. The applicant shall establish and maintain a riparian buffer, which shall be a minimum of fifteen
(1 S) feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall
consist of a mulched planting bed containing a mixture of shrubs and perennial plants. The buffer
shall not be established during the months of June, July or August so that it has the greatest
likelihood of survivability. Prior to the City issuing a permit, the applicant must post a bond or
other security, in an amount equal to the estimated cost of the required buffer plantings, to the
Department of Planning to insure completion. The Department of Planning must be notified when
the buffer is complete and ready for inspection; upon satisfactory completion of the buffer as
determined by the City, the bond shall be released. An access path, stabilized appropriately to
prevent erosion, through the Buffer to the shoreline is allowed.
June 28, 2011
-48-
Item V.J.10.
ORDINANCES/RESOLUTIONS ITEM # 61042 (Continued)
9. The applicant must obtain and keep in force all-risk property insurance and general liability or
such insurance as is deemed necessary by the City and all insurance policies must name the City
as additional named insured or loss payee, as applicable. The applicant also agrees to carry
comprehensive general liability insurance in an amount not less than $500, 000.00 combined
single limits of such insurance policy or policies. The applicant will provide endorsements
providing at least thirty (30) days written notice to the City prior to the cancellation or
termination of, or material change to, any of the insurance policies. The applicant assumes all
responsibilities and liabilities, vested or contingent, with relation to the Temporary
Encroachments.
10. The encroachments must conform to the minimum setback requirements as established by the
City.
11. The City shall have the right to remove the encroachments in the event of an emergency or public
necessity or public safety; Grantee shall bear all costs and expenses.
12. The applicant must submit for review and approval, a survey of the Encroachment Area, certified
by a registered professional Engineer or a licensed Land Surveyor, and/or "as built" plans of the
Temporary Encroachments sealed by a registered Professional Engineer, if required by either the
City Engineer's Office or the Engineering Division of the Public Utilities Department.
13. The City, upon revocation of such authority and permission so granted, may remove the temporary
encroachments and charge the cost thereof to the applicant and collect the cost in any manner
provided by law for the collection of local or state taxes; may require the applicant to remove such
temporary encroachments; and, pending such removal, the City may charge the applicant for the
use of such portion of the City's right-of--way encroached upon the equivalent of what would be the
real property tax upon the land so occupied if it were owned by the applicant; and if such removal
shall not be made within the time specified by the City, the City shall impose a penalty in the sum of
One Hundred Dollars ($100.00) per day for each and every day that such temporary
encroachments are allowed to continue thereafter; and, shall collect such compensation and
penalties in any manner provided by law for the collection of local or state taxes
June 28, 2011
-49-
Item V.J.10.
ORDINANCES/RESOLUTIONS ITEM # 61042 (Continued)
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer,
Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 28, 2011
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Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE
TEMPORARY ENCROACHMENTS
INTO A PORTION OF A VARIABLE
WIDTH CANAL ON CITY PROPERTY
KNOWN AS HARBOR CANAL
LOCATED AT THE REAR OF 2333
LEEWARD SHORE DRIVE, FOR
PROPERTY OWNERS NINO LOGAN
AND SAMANTHA LOGAN
WHEREAS, Nino Logan and Samantha Logan desire to maintain an existing
wood bulkhead and to construct and maintain a bulkhead, pier and boatlift into City
property known as Harbor Canal located at the rear of 2333 Leeward Shore Drive, in
the City of Virginia Beach, Virginia; and
WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107,
Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
City's property subject to such terms and conditions as Council may prescribe.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof contained in §§ 15.2-
2009 and 15.2-2107, Code of Virginia, 1950, as amended, Nino Logan and Samantha
Logan, their heirs, assigns and successors in title are authorized to construct and
maintain temporary encroachments for an existing wood bulkhead and to construct and
maintain a bulkhead, pier and boatlift into City property as shown on the map marked
Exhibit "A" and entitled: "EXHIBIT A ENCROACHMENT PLAT SHOWING PROPOSED
BULKHEAD, PIER AND BOATLIFT IN HARBOR CANAL ADJACENT TO LOT 223 BAY
ISLAND SECTION 2 M.B. 48 P. 15 VIRGINIA BEACH, VIRGINIA SCALE: 1" = 30'
APRIL 29, 2011," a copy of which is on file in the Department of Public Works and to
which reference is made for a more particular description; and
BE IT FURTHER ORDAINED, that the temporary encroachments are expressly
subject to those terms, conditions and criteria contained in the Agreement between the
City of Virginia Beach and Nino Logan and Samantha Logan (the "Agreement"), which
is attached hereto and incorporated by reference; and
BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
is hereby authorized to execute the Agreement; and
BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
time as Nino Logan and Samantha Logan and the City Manager or his authorized
designee executes the Agreement.
Adopted by the Council of the City of Virginia Beach, Virginia, on the ~~ day
ofJunP , 2011.
CA-11699
R-1
PREPARED: 5/23/11
APPROVED AS TO CONTENTS
~~
PUBLIC WORKS, REAL E ATE
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
...--'"
_ ARMEYER,
ASSI NT CITY ATTORNEY
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this 25th day of May, 2011, by and between
the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and NINO LOGAN and SAMANTHA
LOGAN, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE,
"Grantee", even though more than one.
WITNESSETH:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or
parcel of land designated and described as "Lot 223, Section 2", as shown on that
certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION TWO PRINCESS
ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT Scale: 1" = 100' October,
1958, prepared by FRANK D. TARRALL, JR. and ASSOCIATES SURVEYORS &
ENGINEERS NORFOLK, VA. - VIRGINIA BEACH, VA. - PRINCESS ANNE
COURTHOUSE, VA.," and said plat is recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia in Map Book 48, at page 15, and being further
designated, known, and described as GPIN: 2500-00-1010, Leeward Shore Drive,
Virginia Beach, Virginia 23451;
WHEREAS, it is proposed by the Grantee to maintain an existing wood
bulkhead and to construct and maintain a bulkhead, pier and boatlift, collectively, the
"Temporary Encroachment", in the City of Virginia Beach; and
G P1 N : 2500-00-1010-0000
(NO GPIN REQUIRED OR ASSIGNED TO CITY PROPERTY KNOWN AS
HARBOR CANAL)
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a portion of a variable
width canal on City property known as Harbor Canal, the "Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged,
the City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and. maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and. approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain exhibit plat entitled: "EXHIBIT A
ENCROACHMENT PLAT SHOWING PROPOSED
BULKHEAD, PIER AND BOATLIFT IN HARBOR CANAL
ADJACENT TO LOT 223 BAY ISLAND SECTION 2 M.B. 48
P. 15 VIRGINIA BEACH, VIRGINIA SCALE: 1" = 30' APRIL
29, 2011," a copy of which is attached hereto as Exhibit "A"
and to which reference is made for a more particular
description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
2
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain
a permit from the Department of Planning prior to commencing any construction within
the Encroachment Area (the "Permit").
It is further expressly understood and agreed that the Grantee shall
establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width
landward from the shoreline, shall run the entire length of the shoreline, and shall
consist of a mulched planting bed and contain a mixture of shrubs and perennial plants
3
(the "Buffer"). The Buffer shall not be established during the months of June, July, or
August, so that it has the greatest likelihood of survivability. Prior to the City issuing a
Permit, the Grantee must post a bond or other security, in an amount equal to the
estimated cost of the required Buffer plantings, to the Department of Planning to insure
completion of the required Buffer. The Grantee shall notify the Department of Planning
when the Buffer is complete and ready for inspection; upon satisfactory completion of
the Buffer as determined by the City, the bond shall be released. An access path,
stabilized appropriately to prevent erosion, through the Buffer to the shoreline is
allowed.
It is further expressly understood and agreed that the Grantee must obtain
and keep in force all-risk property insurance and general liability or such insurance as is
deemed necessary by the City, and all insurance policies must .name the City as
additional named insured or loss payee, as applicable. The Grantee also agrees to
carry comprehensive general liability insurance in an amount not less than $500,000.00,
combined single limits of such insurance policy or policies. The Grantee will provide
endorsements providing at least thirty (30) days written notice to the City prior to the
cancellation or termination of, or material change to, any of the insurance policies. The
Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to
the construction, location, and/or existence of the Temporary Encroachment.
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setback requirements, as established by
the City.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
4
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachment; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Nino Logan and Samantha Logan, the said
Grantees, have caused this Agreement to be executed by their signatures. Further, that
the City of Virginia Beach has caused this Agreement to be executed in its name and on
its behalf by its City Manager and its seal be hereunto affixed and attested by its City
Clerk.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
5
CITY OF VIRGINIA BEACH
gy (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
2011, by ,CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. He/She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
2011, by ,CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on
its behalf. She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
6
By ~ ~ -
Nino Logan, caner
Samantha Logan, Own
STATE OF ~~Jr
CITYf£~k~Pd-T~ F ~ ' ~ ~ , to-wit:
The foregoing instrument was acknowledged before me this ~2~day of
~d!'~-~ , 2011, by Nino Logan.
Emest D. Parrish
Commonwealth of Virginia
6 ~~c~cl2~biic
i `'4 ~,, ommission No. 7339987
Notary Public ~,~,.. My Commission Expires 10(31/2014
Notary Registration Number: 7 -~ ~°Il~~
My Commission Expires: ~~~~~~-~~~-
STATE OF ~~'
CITY/~f F ~ n/%~ t~tac ~ , to-wit:
The foregoing instrument was acknowledged before me this ~~'~day of
~~ , 2011, by Samantha Logan.
,,, Emest D. Parrish
Comr~~{ ~of Virginia
ll ¢ blic
Notary Public 4 ,,. Commission No. 7339987
`"~~~ "" My Commission Expires 1013112014
Notary Registration Number: ~~ ~°/~~7
My Commission Expires: /a~~i~-n,~ ~
7
APPROVED AS TO CONTENTS
SIGNATURE ~Q`~ ~ 1
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
~A1~MEYE R,
T CITY ATTORNEY
LOT 232
EXISTING
~ FLOATING DOCK EXISTING
MLW=MHW (OTHERS) BOATLIFT
CO MLW=MHW EXISTING (OTHERS)
~ ALONG EX. gOATLIFT
~ BULKHEAD (OTHERS)
_ * HARBOR CANAL TO BE DEDICATED
TO PRINCESS ANNE COUNTY, VA.
~' HARBOR CANAL* PER M.B. 48, P. 15.
Egg FLOOD
S 89°18'30" W
117.45'
EX. WOOD
BULKHEAD
PIN(F)
J
a
0
0
0
LOT 222
MARGARET L. RAWLS
I.N. 200402130026429
GPIN: 2500-00-2040
PROPOSED
BOATLIFT
8.8'
8.7 ENCR.
ENCR.
M
MHW ALONG PROP. PROPOSED PROPOSED
BULKHEAD PIER BULKHEAD
LOT 223
~ SECTION 2
Op BAY ISLAND
M.B. 48 P. 15
~ GPIN: 2500-00-1010
PIN(F)
~.~p,L H
O~ Lr~
~~ ~ , ~~
B W. GALLUP ~
Lic. No.
1484 ,
1~
~q ~1~2g1 0~
~~ SUR~E~
G: \09\09-185.1
L=130.00'
R=1700.00'
LEEWARD SHORE DRIVE (50' R/W)
EXHIBIT A
ENCROACHMENT PLAT
SHOWING
PROPOSED BULKHEAD. PIER AND BOATLIFT
IN
HARBOR CANAL
ADJACENT TO
LOT 223
BAY ISLAND
SECTION 2
M.B. 48 P. 15
VIRGINIA BEACH, VIRGINIA
0' 30' 60' 90'
SCALE: 1" = 30' APRIL 29, 2011
EX. WOOD
BULKHEAD
> PIN(F) 0.19' W OF CORNER
J
a
0
I-
0
0
I~
LOT 224
~"~ EBEN B. SCRIBNER, IV
°'• SHARLEEN J. SCRIBNER
~ D.B. 3043 P. 668
d-
GPIN: 1590-90-9090
w
Ln
Ln
0
0 7g4.2~T
Iz SPINDRIFT RD.
PIPE(F) 0.31' W OF CORNER
GaluP
SURVEYORS do ENGINEERS, LTD.
323 FlRST COLONIAL ROAD
VIRgNIA BEACH, NRGINIA 2345
(75728-8132
2333 Leeward Shore Dr.
Drive (proposed subject encroachment)
Looking North West along back of property line
Rear view of vacant land at 2333 Leeward Shore
-50-
Item V.J.11.
ORDINANCES/RESOLUTIONS ITEM # 61043
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY
CONSENT:
Ordinance to ALLOW use of $11, 767 of FY 2012 Budget funds for the
Sheriff and a total of $82, 007 for Master Deputies to supplant State
reimbursements for participants of these programs
Voting.• 10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer,
Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent.•
None
June 28, 2011
1 AN ORDINANCE TO APPROVE THE SUPPLANTING
2 OF STATE FUNDS WITH CITY FUNDS FOR THE
3 SHERIFF'S OFFICE TO FUND THE MASTER
4 DEPUTY AND SHERIFF CAREER DEVELOPMENT
5 PROGRAMS
6
7 WHEREAS, the Sheriff has requested the use of City funds from the Sheriff's
8 Department FY 2011-12 Operating Budget to supplant state funding reductions related
9 to participation in the Master Deputy Program and the Sheriff Career Development
10 Program; and
11
12 WHEREAS, the City Council has a City Council Policy to prevent, to the extent
13 possible, the shifting of financial responsibility for State, Federal, or privately funded
14 programs to the citizens of Virginia Beach by not supplanting those funds with local
15 funds, and any deviation from this policy requires Council authorization.
16
17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
18 VIRGINIA BEACH, VIRGINIA:
19
20 That the Sheriff's Department is authorized to use City funds, within the FY 2011-
21 12 Operating Budget of the Sheriff's Office, to supplant lost State reimbursement for the
22 Sheriff Career Development bonus of $11,767 and the salary increases attributable to
23 maintaining the Master Deputy Program at the State Compensation Board FY 2009-10
24 level of 72 Master Deputy positions.
Adopted by the Council of the City of Virginia Beach, Virginia on the 28th day
of ,Tune , 2011.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
/ ~
.! -
anage ent Services i y Attor O ice
CA11924
R-2
June 21, 2011
-51-
Item i! J.12.
ORDINANCES/RESOLUTIONS ITEM # 6l 044
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY
CONSENT:
Ordinance to AMEND the FY 2011-12 Budget of the Department of
Housing and Neighborhood Preservation to reflect reductions in Federal
funding
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer,
Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 28, 2011
nf, `~.
~~" :,~
,fir
~~ .
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Amend the FY 2011-12 Operating Budget of the Department of
Housing and Neighborhood Preservation
MEETING DATE: June 28, 2011
^ Background: The FY 2011-12 Operating Budget of the Department of Housing
and Neighborhood Preservation (DHNP) consists of over 90% in Federal funding.
Because final federal allocations were not available at the time the City's budget was
adopted, staff prepared the budget by assuming that "level" funding would be received,
i.e. DHNP would receive the same amount as it received in the current year.
On May 27th, actual allocation figures were received. The DHNP budget requires
amendment to match these allocations.
The total net reduction in Federal Funding is $929,588. Through a combination of using
reserves, the availability of some carry-forward funding, additional department revenue
generation, and some program reductions, the department will still be able to fulfill most
of its goals for the year. However, some programs will receive a smaller amount of
available funds and, thus, fewer households will be able to be assisted.
The following are the proposed changes the department is requesting to balance its
budget and to achieve its goals:
1. 87,141 will be reduced in the Community Development Special Revenue Fund
(Fund 180) as follows (Section A of the attached ordinance):
• $97,141 in Federal revenue will be reduced. This is offset by a $10,000
increase in Rental Inspections revenue. The $87,141 reduction will be
restored from an increase in revenue generated through a lien collection
project that is presented for consideration as a separate agenda item at
this meeting.
2. $348,601 reduction in CD Loan and Grant Fund (Fund 181) as follows (Section B
of the ordinance):
• $62,423 reduction in the Homeless Emergency Program and the Optional
relocation program, which will reduce the number of households assisted
with grants to avoid homelessness by approximately 50; however,
additional federal funding expected later this year that may substitute for
this funding.
$89,000 reduction in funding to the Virginia Beach Community
Development Corporation (VBCDC): $60,000 in this reduction would have
funded the rehabilitation of three houses currently owned by VBCDC.
This work, most likely, will not be completed; $29,000 would have served
as a match for a VBCDC federal grant, and the VBCDC is expected to use
its reserves to substitute for this reduction.
$189,627 reduction to various homeowner rehabilitation programs
because these activities were delayed in the current year due to a new
Federal licensing requirement. Existing unspent appropriations from the
current year are available to help offset these reductions.
• $7,551 of miscellaneous reductions will be made.
3. $331,953 of fund balance is appropriated to offset $313,616 in Federal HCV
administrative funding reductions in the Federal Section 8 Program Special
Revenue Fund (Fund 147). Fund balance has accumulated over time due to
efficiencies in administrative operations. These reserves are sufficient to
substitute for the reduction in funding for both FY 2011-12 and FY 2012-13.
However, it is fully recognized that if funding at this new level becomes
permanent, significant changes in staffing will be required, and this will be
addressed in the next two budget cycles. Additional appropriations of $18,337
are being requested to fund the re-allocation of staff costs that are necessary due
to the reduction in the HOME Program (Section C of the ordinance).
4. $13,851 in additional Housing Opportunities for Persons with AIDS Program
funds will increase the Grants Consolidated Special Revenue Fund (Fund 183),
and will provide for additional administrative funding as well as additional
programmatic funds for the non-profit organizations that manage the program
(Section D of the ordinance).
5. $710 Emergency Shelter Grant Program Fund reductions will reduce the Grants
Consolidated Special Revenue Fund (Fund 183). These reductions will be
achieved will little to no effect on the Homeless Programs assisted (Section E of
the ordinance).
6. $183,371 reduction of HOME Program funding will impact the Federal Housing
Assistance Grant Fund (Fund 182) and will affect the following programs (Section
F of the ordinance):
• $150,000 reduction to the First-time Homebuyer Program and $15,034
reduction to the Rental Security Deposit Program. Prior year unexpended
appropriations are available for the First-time Homebuyer program due to
the Federal licensing changes that can serve to offset the reduction in
current year revenue.
• $18,337 in operating costs charged to the HOME program, which will be
shifted to the Housing Choice Voucher (HCV) program.
7. $126,000 to be transferred: $60,000 within the Federal Housing Assistance Grant
Fund; and $66,000 within the CD Loan and Grant Fund. These transfers will help
lessen the impacts of the FY 11-12 Funding loss (Sections G & H of the
ordinance).
^ Considerations: It is necessary to adjust the adopted budget to the actual
allocations of Federal funding. The department's proposed adjustments are
recommended for approval, subject to the understanding conveyed above.
^ Public Information: The department has informed affected non-profits about
cuts to their proposed funding. For the other changes, the normal council advertisement
process will provide public information.
^ Alternatives: While alternatives to the proposed changes are possible, the
actions proposed in the ordinance, when taken together, are recommended as those
that will most effectively use available funds.
^ Recommendations: Approval of the attached ordinance
^ Attachments: Ordinance
Recommended Action: Approva
Submitting Department/Agency: ~ D'~partment of Housing and Neighborhood
Preservation
City Manager: ~ l~- ~ ~'~
1 AN ORDINANCE TO AMEND THE FY 2011-12
2 OPERATING BUDGET OF THE DEPARTMENT OF
3 HOUSING AND NEIGHBORHOOD PRESERVATION
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA:
7
8 1. That the Department of Housing and Neighborhood Preservation's FY 2011-12
9 Operating Budget is amended by the amounts and purposes set forth below:
10
11 (A) $87,141 of previously appropriated funding is hereby reduced, with
12 estimated federal revenue decreased by $97,141 offset by an increase in $10,000 of
13 local inspection revenues, within the Community Development Special Revenue Fund;
14
15 (B) $348,601 of previously appropriated funding is hereby reduced, with
16 estimated federal revenue reduced accordingly, within the CD Loan and Grant Fund;
17
18 (C) $331,953 of fund balance is hereby appropriated, with revenues from
19 specific fund reserves increased accordingly, to the Federal Section 8 Program Special
20 Revenue Fund and $313,616 of previously appropriated funding is hereby reduced, with
21 estimated federal revenue reduced accordingly, within the Federal Section 8 Program
22 Special Revenue Fund;
23
24 (D) $13,851 of additional revenue is hereby appropriated, with estimated
25 federal revenue increased accordingly, to the Grants Consolidated Special Revenue
26 Fund;
27
28 (E) $710 of previously appropriated funding is hereby reduced, with
29 estimated federal revenue decreased accordingly, within the Grants Consolidated
30 Special Revenue Fund for the Emergency Shelter Grant Program;
31
32 (F) $183,371 of previously appropriated funding is hereby reduced, with
33 estimated federal revenue decreased accordingly, within the Federal Housing
34 Assistance Grant Fund;
35
36 (G) $66,000 of grant funds is hereby transferred within the CD Loan and
37 Grant Fund to maximize the provision of various housing services; and
38
39 (H) $60,000 of grant funds is hereby transferred within the Federal Housing
40 Assistance Grant Fund to maximize the provision of various housing services.
41
42 2. The effective date of this ordinance is July 1, 2011.
Adopted by the Council of the City of Virginia Beach, Virginia on the2stn day
of ,Tune , 2011.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT
~ ~ ~~
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
Cit s O ice
CA11912
R-1
June 14, 2011
-52-
Item V.J.13.
ORDINANCES/RESOLUTIONS ITEM # 61045
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY
CONSENT:
Ordinances to APPRORIATE:
a. $135, 000 to the City Treasurer re purchase of mail processing equipment and office
renovation
b. Approve funds from Code Enforcement Revenues to the FY 2011-12 Operating Budget
c. $74, 000 from the U. S. Department of Criminal Justice Services to Police re purchase of
vests and mobile license plate readers re response to Acts of Terrorism
d. $900 to Fire Station 7 and $200 to Fire Station 10 from the City's Fire Gift Fund re
amenities at the stations
e. TRANSFER $159, 921 re moving the GrowSmart program from the Department of
Libraries to the Department of Economic Development
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer,
Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 28, 2011
1
2
3
4
5
6
7
8
9
10
11
12
13
14
AN ORDINANCE TO APPROPRIATE FUNDS TO THE
FY 2010-11 OPERATING BUDGET OF THE CITY
TREASURER TO PURCHASE MAIL PROCESSING
EQUIPMENT
WHEREAS, the existing mailing equipment has surpassed its normal product life
expectancy.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That $135,000 in revenue from City Treasurer charges is hereby appropriated,
with estimated revenue increased accordingly, to the FY 2010-11 Operating Budget of
the City Treasurer for the replacement of mail processing equipment.
Adopted by the Council of the City of Virginia Beach, Virginia on the 28th day
of June .2011.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT
r~
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
~~
-C. or y's Office
CA11901
R-1
June 7, 2011
1 AN ORDINANCE TO APPROPRIATE FUNDS FROM
2 CODE ENFORCEMENT REVENUES TO THE FY
3 2011-12 OPERATING BUDGET
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA, THAT:
7
8 1. $109,141 in Code Enforcement lien revenue is hereby appropriated, with local
9 revenues increased accordingly, to the FY 2011-12 Operating Budget of the
10 Department of Housing and Neighborhood Preservation to process delinquent
11 tax liens and restore a reduction in Federal revenue;
12
13 2. $57,000 in Code Enforcement lien revenue is hereby appropriated, with local
14 revenues increased accordingly, to the FY 2011-12 Operating Budget of the City
15 Treasurer for a renovation project to improve the efficiency of staff operations;
16
17 3. $23,859 in Code Enforcement lien revenue is hereby appropriated, with local
18 revenues increased accordingly, to the FY 2011-12 General Fund Reserve for
19 Contingencies;
20
21 4. The effective date of this ordinance is July 1, 2011.
Adopted by the Council of the City of Virginia Beach, Virginia on the 28th day
of June , 2011.
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 r y's Office
CA11911
R-1
June 14, 2011
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS
2 TO THE FY 2010-11 OPERATING BUDGET OF THE POLICE
3 DEPARTMENT TO PURCHASE EQUIPMENT TO PREVENT
4 AND RESPOND TO POTENTIAL ACTS OF TERRORISM
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA:
7 That $74,000 is hereby accepted from the Department of Homeland Security
8 through the Department of Criminal Justice Services and appropriated, with estimated
9 federal revenues increased accordingly, to the FY 2010-11 Operating Budget of the Police
10 Department to purchase tactical entry vests and mobile license plate readers to prevent
11 and respond to potential acts of terrorism. The items purchased with these grant funds are
12 not guaranteed to be replaced by the City of Virginia Beach.
Ado~ted by the Council of the City of Virginia Beach, Virginia on the 28th day
of une 2011.
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 ... r y s Office
CA11906
R-1
June 10, 2011
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C®I~~®~TW~~~~'~ ®~ V~1f~~1Il®Tg.A
J~epartment of Criminal Justice Services 1100 Bank Street
Richmond, Virginia 23219
March 26, 2010 (aoa} 7ss-4ooo
TDD (804) 3$6-8732
Mr. James K. Spore ~'---~.~,_~
~~.,~.,
CityManager ~ ~ ,~~ 1. ;~ ~a` +, ;,~ ~ -~
City of Virginia Beach _ .
2401 Courthouse Drive ~ ^ - i,
Virginia Beach, VA 23456 f
rrr~;~ ~ 2'vrl~
RE: State Homeland Security Program Grant No: 10-A2172HS09 ; „~~.,- _ ~ _..,~,.,___
CBRNE Personal Protective Equipment and License Plate Reader ` '= r~~ ~ ~ _ i•
Dear Mr. Spore:
The State Homeland Securi Program (SHSP) is funded by the U.S. Department of Homeland Security through the
Virginia Department of Emergency Management and is available to assist state and local law enforcement agencies
in preventing or responding to potential acts of terrorism. The Department of Criminal Justice Services (DCJS) is
designated the administering agency for SHSP grants. I am pleased to informyouu that your locality has Been
awarded $74,000.00 in federal funds under this program. These funds are awarded to assist you in detecting,
deterring, disrupting and preventing acts of terrorism. Na local matching funds are required for this program. See
grant guidelines (attached) for delineation of your localities specific project award category.
Grant funds have been awarded for specific requested equipment. You cannot change or exchange equipment
within categories without prior approval from DCJS.
Enclosed please find a Statement of Grant Award and Special Conditions. Please review all documentation
pertaining to this award very carefully as they include specific requirements about the procedures you must follow
in order to receive grant funds.
To indicate your acceptance, of the award and special conditions, please complete and sign the award and return it
uo later than 4 t.p.m on ~~=~ to Janice Waddy, Grants Administrator, at DCJS, ~~~t St,
Richmond, VA 23219.
We will be happy to assist you in any way we can to assure your success with this award. If you have questions
about the program guidelines, please call Shelia Anderson at 804/786-9469 or a-mail her at
Shelia. Anderson(a~djcs.v irgini a.gov.
Sincerely,
\~
ohn G. Colligan
nterim Director
cc: A.M. Jacocks, Jr., Chief of Police
Ms. Patricia A. Phillip, Finance Director
Shelia Anderson, DCJS Monitor
Criminal Justice Service Board • Committee on Training • Advisory Committee on Juvenile Justice
Advisory Committee to Court Appointed Special Advocate and Children's Justice Act Programs
Private Security Services Advisory Board • Criminal Justice Information Systems Committee
www.dcjs.virgin ia.gov
3 2
Department of Criminal Justice Services
1100 Bank Street, 12th floor, Richmond, VA 23219
Statement of Grant Award/Acceptance
5livgr BIItec: r a iScaCu i.i~y ~,a.e: 1Vla~rc.. ~ ~7, ..'~~v
Grant Period: Grant Number:
From: 04/01/2010 Through: 07/31/201 i 10-A2172HS09
Project Director Project Administrator Tinance Of#icer
Chief A, M. Jacocks Mr. James K. Spore Ms. Patricia A. Phii[ip
Chief of Police City Manager Finance Director
VA Beach Police Dept City of Virginia Beach City of Virginia Beach
2509 Princess Anne Road 2401 Courthouse Drive 2401 Courthouse Drive
Virginia Beach, VA 23456 Virginia Beach, VA 23456 Virginia Beach, VA 23456
Phone: (757) 385-4141 Phone: (757) 385-4242 Phone: (757) 385-4681
Email: ajacocks@vbgov.com Email: jspore@vbgov.com Email: pphil(ip@vbgov.com
Grant Award Budget
Budget Categories DCJS Funds
Federal State
Locality Ma#ch
TOTALS
Consultant $0 $0 $0 $0
Equipment $74,000 $0 $0 $74,000
Indirect Cost $0 $0 $0 $0
Personnel $0 $0 $0 $0
SupptieslOther $0 $0 $0 $0
Travel $0 $0 $0 $0
Totals $74,000 $0 $0 $74,000
This grant is subject to all rules, regulations, and criteria included in the grant guidelines and the special
conditions attached thereto.
ohn G. Coll[gan, Interim Director
In accepting this award, you are acknowledging that you have consulted with all local Eaw enforcement agencies within your
localiTy, including towns and incorporated towns, and they had an opportunity for comment and input for the fending plan for
this application.
Tlie undersigned, having received the Statement of Grant Award/Acccptanceaud the Conditions attached thereto, does hereby
accept this grant and agree fo the conditions pertaining thereto, this Zk~ day of p ~Q.j ~... , 20 I O .
Signature ~ '
Title:
ati ~,~im{na/~ r
.~ ~ Commonwealth of Virginia
E Department of Criminal Justice Services
o ~ Grants Management & Administration
/~ /~ r~
DaW. / i f ~Ll
Locality and Grant number
Non-Supplanting Certif cation
I certify that any funds awarded under the fiscal year (Grant year/name) will be used to
supplement existing funds for programs activities, and will not replace (supplant} non-federal
funds.
~~ ~L
Si na Of DeSlgnated Agent: is farm must be signed by one of
the o g: the cit or county ma,__ n_ag~er; the county eiecutive; the mayor,
the chairman of the Board of Supervisors.)
Ct t`~ ~ ~~ ~~q~~1~C1~
Locality
Title
~~~ ~~~- y ~~ a ~S~a~e,C ~ vbQ~~ ~ ~~
Phone # and email
Mail completed form to:
Department of Criminal Justice Services
Grants Management
1100 Bank St.
Richmond, VA 23219
2009
STATE HOMELAND SECURITY GRANT PROGRAM
GUIDELINES AND APPLICATION INSTRUCTIONS
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I. Introduction
The 2009 State Homeland Security Program Grant award provides federal funds to assist
local law enforcement agencies in the prevention of terrorist acts. As the
Commonwealth's criminal justice planning agency, the Department of Criminal Justice
Services (DCJS), is designated the administering agency for these funds awarded to law
enforcement agencies through local jurisdictions.
II. Requirements/Limitations
Amount Available
Maximum award amounts and localities to receive funds are stated in the following
program briefs.
Funds will be awarded on a reimbursable basis.
Nan-SupplanEing
Grant funds may not be used to supplant state or local funds that would otherwise 6e
available for these purposes. Any obligated funds not allocated at the end of the grant
period will not be reimbursed.
Match Requirement
No match required.
Grant Period
The award period for this grant is April 1, 2010 to July 31, 2011.
III. Program Briefs
Funding categorises awarded for the 2009 State Homeland Security Program are:
1. CBRNE armored incident response vehicles designed to support regional
assistance requests, deemed prudent by the parent department, for a tactical team
capable of operating in a CBRNE environment. Minimum vehicle requirements
include ballistic protection to NU IV standards, on board Self-Contained Breathing
Apparatus as well as explosive gas and radiation detection systems.
2. CBRNE Personal Protective Equipment intended to protect tactical teams
responding to an incident in a CBRNE environment.
3. Automatic license plate readers in mobile or fixed mounting that captures license
plate numbers in real time, compares those numbers to a suspect database, and
communicates the nature of the crime or infraction associated with the plate.
4. Bomb squad equipment that strengthens the preparedness of the squad to respond to
bomb incidents.
2009 State Homeland Security Grant Guidelines and Instructions
Authorized Program Expenditures
Allowable expenditures include the purchase of CBRNE armored incident response
vehicles, CBRNE Personal Protective Equipment, license plate readers, and bomb squad
equipment as well as associated services and training.
The localities listed below will receive funds in the amounts indicated.
Funding categories and localities awarded listed below
CBRNE ARMORED INCIDENT RESPONSE VEHICLE and CBRNE PERSONAL
PROTECTIVE EQUIPMENT
Arlington County $285,000
Chesterfield County $285,000
Galax City $285,000
Lynchburg City $285,000
Newport News City $285,000
Norfolk City $285,000
Roanoke City $285,000
CBRNE ARMORED INCIDENT RESPONSE VEHICLE, CBRNE PERSONAL
PROTECTIVE EQUIPMENT' and LICENSE PLATE READER
Botetourt County $302,000
Charlottesville City $302,000
Danville City $319,000
Rockingham County $302,000
Stafford County $302,000
Warren County $302,000
CBRNE ARMORED INCIDENT RESPONSE VEHICLE, CBRNE PERSONAL
PROTECTIVE EQUIPMENT and BOMB SQUAD EQUIPMENT
Bristol City $335,000
CBRNE PERSONAL PROTECTIVE EQUIPMENT and LICENSE PLATE
READER
Roanoke County $57,000
Virginia Beach City $74,000
CBRNE PERSONAL PROTECTIVE EQUIPMENT
Fairfax County $40,000
Henrico County $40,000
Prince William County $40,000
Alexandria City $40,000
LICENSE PLATE READER
Albemarle County $17,000
Augusta County $17,000
Campbell County $17,000
Carroll County $17,000
2009 State Homeland Security Grant Guidelines and instructions
Chesapeake City $42,000
Emporia City $17,000
Fauquier County $17,000
Franklin County $17,000
Fredericksburg City $17,000
Giles County $17,000
Grayson County $17,000
Isle of Wight County $17,000
Loudoun County $17,000
New Kent County $ 17,000
Prince George County $12,000
Salem City $17,000
Scott County $17,000
Staunton City $17,000
Suffolk City $17,000
Washington County $17,000
Waynesboro City $17,000
Williamsburg City $17,000
Winchester City $17,000
Wise County $17,000
Wythe County $17,000
TOTAL $4,900,000
Eauipment
The Responder Knowledge Base website contains 21 allowable prevention, protection,
response, and recovery equipment categories in addition, equipment standards for FY 2010
HSGP. The Authorized Equipment List (AEL) located on the Responder Knowledge Base
(RKB), at httns: //www. rkb. us . provides a list of authorized equipment for each authorized
category of funding. Unless otherwise stated, equipment must meet all mandatory
regulatory and/or DHS-adopted standards to be eligible for purchase using these funds.
In addition, agencies will be responsible for obtaining and maintaining all necessary
certifications and licenses for the requested equipment.
1'~Iaintenunce tmd Service Fees
The use of FEMA preparedness grant funds for maintenance contracts, warranties, repair or
replacement costs, upgrades, and user fees are allowable under all active and future grant
awards, unless otherwise noted. Grantees are reminded to be sensitive to supplanting issues.
Maintenance contracts, warranties, repair or replacement costs, upgrades, and user fees
previoluly purchased with State and or local fiords cannot be replaced with Federal grant
funding. Routine upkeep (e.g., gasoline, tire replacement, routine oil changes, monthly
inspections, grounds, and facility maintenance, etc.) is the responsibility of the grantee and
may not be funded with preparedness grant funding.
The term of maintenance contracts or warranties shall not exceed the period of performance
of the grant to which the contract is being charged.
Training
Technical assistance to train existing staff in the operation or maintenance of any equipment
component
Prohibited Expenditures
2009 State Homeland Security Grant Guidelines and Instructions
Grant funds shall not be used to purchase firearms, ammunition and related equipment;
clothing/uniforms; construction or renovation; [and acquisition; Lobbying and political
contributions; honoraria; personal entertainment; personal phone calls; food and beverages
and luxury vehicles.
IV. How and Where to Submit Award Documents
Each locality listed will receive a Statement of Grant Award package from the Department of
Criminal Justice Services. This package will include an Awazd Letter, Certifications
Regarding Lobbying and Debarment, General Grant Conditions and Assurances, Non-
Supplanting Certification. To acknowledge acceptance of the grant and terms of agreement,
sign and return these documents no later than 4:00 PNi on April 15, 2010
Submit signed Award Documentation to:
Department of Criminal Justice Services
Grants Management (attn: Janice Waddy)
1100 Bank Street
Richmond, VA 23219
V. Forms and Instructions
Listed below aze the documents for the 2009State Homeland Security Program Grant that
must be completed and returned prior to requesting reimbursement of funds.
Itemized Budget Form
Budget Narrative
Certification of Lobbying and Debarment Form
General Grant Conditions and Assurances
Itemized Budget Form
Use the "Itemized Budget" form to detail all proposed expenditwes. Download #his form
from the DCJS website at http://www.dcjs.virginia.gov/formslgrants/~antbudg.pdf.
Directions for completion of the Itemized Budget Form can be located at
http://www.dcjs.vir rg"nia.gov/forms/grants/itemizedBudgetInstructions.pdf. All instructions
apply with the exception of the categories of equipment and supplies listed below.
a. Equipment
List separately each item to be purchased along with the Authorized Equipment
List number found at Responder Knowledge Base
http://www.rkb.us/lists.cfm, unit cost and total cost.
h. Supplies and Other Operating_Exnenses
Major item types (e.g., office supplies, training materials, research forms, telephone,
and postage) should be listed as an itemized cost within this category. The basis for
cost computations should be shown ("x" dollars per month for offce supplies; "y"
2009 State Homeland Security Grant Guidelines and Instructions
dollars per person for training materials; telephone tong distance at "z" dollars per
month, etc.). Office rental costs must be reasonable and consistent with rents charged
in the area.
Budget Narrative
Concisely explain the rationale for each item listed an the Itemized Budget Form
Any item not justified or related to the proposed project will be removed.
VI. Award Requirements
Award Forms
Review the award package and Statement of Grant Award. If you agree to the terms
and conditions stated in the award package, sign and date the Statement of Grant
Award/Acceptance (SOGA) document and return it to DCJS by 4:00 p.m. April 15,
2010.
Decline ofAward
If you do not wish to accept this award, or comply with the terms and conditions of
the award, submit a letter indicating that you wish to decline the award and mail it to
Ms. Janice Waddy, Department of Criminal Justice Services, Grants Management,
1 I00 Bank Street, Richmond, VA 23219:
VII. Reimbursement Procedures
Ta request reimbursement of funds, submit the following document to DCJS, Grants
Management.
Request for Funds & Pro'e~ ct Expenditure Form
This grant is a reimbursement grant. In order to receive reimbursement, submitthe
Request for Funds & Project Expenditure Report Form and proof of purchase through
electronic means or mail to
Grant Monitor, Shelia Anderson
1100 Bank St.
Richmond, Virginia 23219.
The only authorized forms of proof of payment are:
a. Invoice for payment, that includes accounting data
b. Copy of Payment check displaying proof of payment
c. Copy of credit card receipts for items listed for reimbursement
The request for reimbursement cannot be approved unless all required reports are
submitted . To expedite review process, sequentially number each item requested and
corresponding proof of payment document.
Download the Request for Funds & Project Expenditure form at .
http:/www.dcjs.virginia.gov/cple/RFPE.XXX
2009 State Homeland Security Grant Guidelines and Instructions
If, during the course of the project, you find it necessary to add, modify, or delete a line
item in any category listed in your budget, submit an email or written request to Grant
Monitor, Shelia Anderson at shelia.anderson@dcjs.virginia.gov.
Non-Supplanting Certification
Submit the Non-Supplanting Certification form signed by authorized agent as listed on the
form. This form must be provided with your Statement of Grant Acceptance document in
order to receive reimbursements. The form is available at
httQ-//www dcj_s virg_inia Qov/forms/cp1eXXXX non-supplanfine 2009_doc
Quarterly Progress Report
Quarterly Progress Reports are due fifteen (15) days after the end of each quarter. The first
Quarterly Progress Report will be due at the end of the first reporting period after the grant
award. The Quarterly report form can be located at
htt~l/www dcjs vi~~nialform/CPLEXXX Quarterly 2009.doc. Mail completed forms to:
Shelia Anderson
Department of Criminak Justice Services
Grants Management
1100 Bank Street
Richmond, Virginia 23219
uarter Re ort Due
Janua -March Aril 15
A ril -June Jul 15
July - Se tember October 15
October-December Janu 15
NO FINANCIAL REPORT IS REQUIRED FOR THIS GRANT
Contact Assistance
For questions regarding the acceptance or decline of this award, contact Janice
Waddy, Grant Administrator at (804) 786-4011 ore-mail her at
janice.waddy~a dcjs.virginia.aov.
For questions regarding grant management, contact Shelia Anderson, Grant Monitor
(804) 786-9469 ar email her at shelia.anderson(a~dcjs.vir ig nia.gov.
For questions regarding program issues, contact Sam Hoffman, Homeland Security
Coordinator at (804) 225-3899 or a-mail him at sam.hoffman(a,dcjs.yirginia.~ov.
2009 State Homeland Security Grant Guidelines and Instructions
Checklist. Forms. Websites, and Deadlines
Certifications Regarding Lobbying Form - (included in package} signed by Project Manager
http://www.dcis.virginia.gov/forms/grants/usdoj.pdf
General Grant Conditions and Assurances Farm - (included in package) signed by Project
Manager
http://www.dcjs.virgin ia.QOV/forms/grants/attachmentA.doc
Itemized Budget Form -Total amount requested may not exceed program allowance
http://www.dcjs.virginia.gov/fonns/grants/grantbudg.pdf
Budget Narrative - a written explanation of each item listed in the Itemized Budget Form
Request for Funds & Project Expenditure Report Form -completed and signed by Financial
Officer or representative (submit when ready to request funds)
http:/www.dcjs.virginia. gov/cple/RFPE.XXX
Quarterly Progress Report Form
http://www.dejs.vir~inia/form/CPLEXXX Quarterly 2009.doe
Non-Supplanting Certification Form {included in package) sign by Project Administrator
h_rip://www.dcjs.virg'nia. og y/forms/cpleXXXX non-supplanting 2009.doc
Agency website
http://www.dcj s_virginia.gov
Responder Knowledge Base
http://www.rkb.us/1 ists.cfin
Mail or hand deliver completed SODA, Certifications Regarding Lobbying Form, General
Grant Conditions and Assurances Form and Non-Supplanting Certification Form to DCJS,
Grants Administration, attn: Janice Waddy, 1100 Bank Street, Richmond, Virginia 23219 by
4:00 p.m. April 15, 2010. Emailed or faxed copies will not be accepted.
Submit your Itemized Budget and Budget Narrative for review and approval, 30 days prior to
your first request for reimbursement of funds. Itemized Budget and narrative can be mailed to
DCJS or emailed to Grant Monitor Shelia Anderson. Approval of items requested must be
received prior to initial request for reimbursement. Reimbursement of funds will not be
authorized without prior written authorization.
Contact grant Monitor Shelia Anderson for application assistance at (804)786-9469
2009 State Homeland Security Grant Guidelines and Instructions
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AN ORDINANCE TO APPROPRIATE FUNDS FROM
THE FIRE DEPARTMENT GIFT FUND
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. That $1,100 from the Fire Department Gift Fund is hereby appropriated, with
estimated revenue increased accordingly, to the FY 2011-12 Operating Budget of
the Fire Department for the purchase of a television (Station 7) and glass tabletop
(Station 10);
2. That the effective date of this ordinance is July 1, 2011.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th day
of June , 2011.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
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Management Services r 's Office
CA11907
R-1
June 13, 2011
City of Virginia Beach
Transfer of Appropriations Reques
Log #:
TO: Catheryn Whiteseil, Director DEPARTMENT: Management Services
FROM Vance Cooper DEPARTMENT: Fire
FUND NAME: Fire Gift FUND #: 917 FISCAL YEAR: FY 2011-12
Debit: Increases an appropriation or decreases an estimated revenue
r_.,.a:a. n,.,..,..,~..~ .. .~~:..., ., on nc4im~lnrl rnvcnno
LN FUND BUDGET OBJECT PROJECT ar PROJECT .DEPT.
NO UNIT CODE GRANT # ACTIVITY PROGRAM DEBIT CREDIT
01 917 1,100
02 917 19901 606435 1,100
03
04
05
06
07
08
TOTAL: $ 1,100.00 $ 1,100.00
REASON FOR REQUEST: Transfer funds to allow fire station 7 & 10 to purchase items for station.
DEPARTMENT
TITLE DATE
ANALYSTS SIGNATURE DATE
COMMENTS:
APPROVAL DISAPPROVAL
MANAGEMENT SERVICES DIRECTOR OR DESIGNEE
COMMENTS:
DATE APPROVAL DISAPPROVAL
DATE P05TED
JOURNAL NUMBER
BATCH NAME
POSTING NUMBER
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DEPARTMENT OF FIRE J ~~ ~'~ ! ~ t ~~ ~ ~~ 1f ~ ~~ ~ MlAIGPAL CF1JTBt
(757? ~y.q~g lUItDING r
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Company 7 was given a gift of $900.00 which we deposited into the gift fund. The
members of Company 7 would like to access these funds to purchase the items listed
below:
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342.1' Virginia Beach Blvd
Virginia Beach VA 23452 Contact: Harold Inman
757-648-7647
• PNS iD450 Samsung 51" Plasma TV ----- $639.99
+ DAVDZ170 Sony Surround Sound System----- $189.99
• ? N 1 LB TV Wall Mount---- $79.99
A-Shift Captain:
B-Shift Captain: ~ _
C-Shift Captain:
A-Shift
B-Shift Battalion:
Subtotal: $829.98
Tax: $41.50
Total: $871.48
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DEPARTMENT OF FIRE MUNIGPAL CENT62
(757)385-4228 BUB.DING 21
FAX (757) 385.5678 2408 CDURTfi~1SE DRIVE
T"TY: 711 ,,r // ~~ ~~ i'~ ~!'' ~,f /~ ~ .~+
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May 22, 2011
The members of Company 10 are building a new station table. We are requesting the
use of the $200.00 that is in the gift account far company 10 to be used towards the
glass needed for the table tap. The glass is going to be approximately $252.00. Then
members of Company 10 will cover the additional costs.
A-Shift Captains: ~~'tr. ....~ - n - ti ,,,L_
B-Shift Captains: '~'~1\'~ ~~.
C- Shift t
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A-Shift B.
B-Shift B
C-Shift B
A-Shift D
B-Shift D
C-Shift District: c.'.-fem. ~~ ~ ' ~~~~~~
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AN ORDINANCE TO TRANSFER THE GROWSMART
OFFICE TO THE DEPARTMENT OF ECONOMIC
DEVELOPMENT
WHEREAS, the GrowSmart Office (formerly Ready to Learn) has been located in
the Department of Public Libraries since 1998; and
WHEREAS, the GrowSmart Office, including the GrowSmart Coordinator
position, more closely aligns with the Department of Economic Development's
Workforce Development Office.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the $159,921 is hereby transferred to the FY 2011-12 Operating Budget of
the Department of Economic Development in the amounts designated from the following
sources:
(a) $131,341 from the FY 2011-12 Operating Budget of the Department of Public
Libraries; and
(b) $28,580 from the FY 2011-12 General Fund Reserve for Contingencies.
2. That the effective date of this ordinance shall be July 1, 2011.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 2sth day
Of ^T„np , 2011.
APPROVED AS TO CONTENT
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Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
it 's Office
CA11904
R-1
June 9, 2011
-53-
Item V-K.
PLANNING
ITEM # 61046
LMILITARYAVL4TIONMUSEUM/VIRGINIA BEACH
AIRPORT, LLC
2. SUKHWINDER BHARJ
3. CITY OF VIRGINIA BEACH
MODIFICATION OF CONDITIONAL
USE PERMIT
(APPROVED January 9, 2007)
VARIANCE
CONDITIONAL USE PERMIT
CLOSURE OF PUBLIC
RIGHT-OF-WAY
June 28, 2011
-54-
Item V.K.
PLANNING ITEM # 61047
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council APPROVED IN ONE
MOTION Items 2 and 3 of the PLANNING BY CONSENT AGENDA:
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer,
Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay.•
None
Council Members Absent.•
None
June 28, 2011
-SS-
Item V.K.1.
PLANNING ITEM # 61048
Attorney Edward R. Bourdon represented the applicant and advised the new conditions added are
acceptable.
A MOTION was made by Council Lady Henley, to ADOPT an Ordinance upon application of
MILITARY AVL4TION MUSEUM/VIRGINIA BEACH AIRPORT, LLC for Modification of a
Conditional Use Permit (approved January 9, 2007) with the additional conditions distributed by Council
Lady Henley and recommended by staff.
The Motion failed for lack of a Second.
Upon motion by Councilman DeSteph, seconded by Council Lady Wilson, City Council ADOPTED with
REVISED CONDITION No. 2 (30 employees) and ADDED Condition Nos. 12 and 13 Ordinance
upon application of MILITARY AVIATION MUSEUM/VIRGINL4 BEACH AIRPORT, LLC for
Modi ication of a Conditional Use Permit (approved on January 9, 2007) (GPIN 2401762176) at 1341
Princess Anne Road (DISTRICT 7 -PRINCESS ANNE)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
MILITARY AVIATION MUSEUM/VIRGINIA BEACH AIRPORT, LLC,
Modi acation of a Conditional Use Permit, 1341 Princess Anne Road
(GPIN 2401762176).
DISTRICT 7 -PRINCESS ANNE DISTRICT.
The following conditions shall be required:
The operating hours for the museum shall be 9.•00 A.M. through S: 00 P.M., seven days a week,
except during the Summer months when the Museum will cease operating at dusk.
2. Museum employees and Training Services, Inc employees who maintain vintage aircra t displayed at
the Museum shall number no more than thirt~(30Zpersons on duty at any given time. There shall be
no limit on the number of Volunteers.
3. There shall be no outdoor amplified sound or music audible at the property line associated with the
Museum or special events.
4. Health Department review and approval for a Sewage Disposal System Construction Permit or any
other permit as deemed necessary by the Health Department shall be obtained prior to approval of
the final site plan.
S. Streetscape landscaping, as described in the Landscaping Guide, City of Virginia Beach, December
2002, shall be installed along the eastern boundary line of the future parking lot expansion and shall
be installed along the entire length in an effort to screen any vehicles from view of the right-of--way.
June 28, 2011
-56-
Item V.K.1.
PLANNING ITEM # 61048 (Continued)
6. There shall be no direct vehicular ingress/egress from this property onto Vaughan Road.
7. The existing runway shall remain in a grassed condition and shall not be paved.
8. The site shall be developed and designed substantially in accordance with the submitted
"ULTIMATE SITE BUILD-OUT" by Martin Engineering and dated 03/03/11. Said Plan has been
exhibited to the Virginia Beach City Council and is on file in the Planning Department. All
buildings, other than the initial hanger/exhibition area shown on the submitted plan, shall be used
only for Museum-related purposes.
9. A landscaped buffer shall be installed along the northern boundary of this property. The Director of
Planning, or his designee, shall review the proposed plant species and size to be installed along the
boundary. No plants shall be installed until approval has been obtained from the Director of
Planning or his designee.
10. Canopy trees shall be planted, starting at the north of the proposed cul-de-sac and continuing West
to the property line adjacent to the proposed Cottbus German building. Mixes of canopy trees are
to be utilized consisting of large canopy trees, ranging in height from sixty (60) feet and greater at
maturity and medium canopy trees, ranging in height from thirty feet (30) to sixty-five (65) feet at
maturity. Planting is encouraged to be innovative in terms of spacing and arrangement to allow the
widest possible variation for visual enhancement.
11. A Landscape Plan shall be submitted at the time of Site Plan review depicting the existing and
proposed landscape buffers, streetscape landscaping, foundation planting and parking lot
landscaping.
12. The Museum's use o the airport shall comply with all applicable Federal Aviation Administration
regulations.
13. In connection with the Princess Anne/Gum Bridge Road intersection improvements project (CIP 2-
021-020 the applicant shall reimburse the City for the cost of constructing a right turn lane into the
~plicant's property
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-eighth day of June,
Two Thousand Eleven
June 28, 2011
-57-
Item i!K.1.
PLANNING ITEM # 61048 (Continued)
Voting: 9-1
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, 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:
Barbara M. Henley
Council Members Absent:
None
June 28, 2011
-58-
Item i!K.2.
PLANNING ITEM # 61049
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council APPROVED,
CONDITIONED, BY CONSENT, Ordinances upon application of SUKHWINDER BHARJ at 5792
Northampton Boulevard DISTRICT 4 - BAYSIDE (GPIN 1458995821) 8071137478
Variance to ~4.4(b) of the Subdivision Ordinance that requires all newly created lots
meet the requirements of the City Zoning Ordinance (CZO)
The following conditions shall be required:
The site shall be subdivided in substantial conformance with the submitted plan entitled,
"Preliminary Subdivision of Parcel `I', Resubdivision of Property of First Virginia Land Trust and
S & J Truck Terminal Incorporated ", prepared by John E. Sirine & Associates, LTD., dated
December 21, 2010, and last revised March 30, 2011, which has been exhibited to the City Council
and is on file in the Planning Department.
2. The existing freestanding sign shall be removed from site within ninety (90) days from City
Council 's approval of this Variance. Any new freestanding signs shall be brick monument style, no
more than eight (8) feet in height. All newly installed freestanding signs shall be installed in
accordance with the City Zoning Ordinance and the Site Plan Ordinance unless a variance is
obtained through the Board of Zoning Appeals.
3. No parking shall be situated between any buildings and Northampton Boulevard on the proposed
Parcel I-1 as shown on the submitted Plan entitled, "Preliminary Subdivision of Parcel `I',
Resubdivision of Property of First Virginia Land Trust and S & J Truck Terminal Incorporated ",
prepared by John E. Sirine & Associates, LTD., dated December 21, 2010, and last revised March
30, 2011, which has been exhibited to the City Council and is on file in the Planning Department.
Conditional Use Permit re mini warehouse storage
1. The site shall be developed in substantial conformance with the submitted site plan entitled,
"Conditional Use Site Plan for 5-Story Mini-warehouse Storage for Big Charlie's Truck Plaza, Inc. "
prepared by John E Sirine & Associates, LTD., dated October 20, 2010, and last revised March 30,
2011, which has been exhibited to the City Council and is on file in the Planning Department.
2. When the property is developed, extensive landscaping and landscape screening shall be provided as
depicted and described on the submitted Landscape Plan entitled, "Conditional Use Landscape Plan
for S-Story Mini-Warehouse Storage for Big Charlie's Truck Plaza, Inc. ", prepared by John E. Shine
& Associates, LTD., dated October 20, 2010, and last revised March 30, 2011, which has been
exhibited to the City Council and is on file in the Planning Department.
One (1) parking space from each parking row adjacent to the loading dock area (as depicted in the
above-mentioned Landscape Plan) shall be removed and the width of the landscape island adjacent
to the loading dock area shall be increased to allow adequate soil volume to support the healthx
growth of a large canopy tree. The width of the aforementioned landscaped islands shall be reviewed
and approved by the Planning Department /Development Service Center during detailed site plan
review.
4. The architectural design elements and exterior building materials shall be substantially in
conformance with the submitted elevations labeled, "Five Story Self Storage Facility for Big
Charlie's Truck Plaza, Inc.; Views-l-7"and additional submitted elevations identifying building
materials. Said elevations have been exhibited to City Council and are on file in the Planning
Department.
June 28, 2011
-59-
Item i~K.2.
PLANNING ITEM # 61049 (Continued)
5. No window signs, or signs placed in windows, shall be permitted at this site, except one (1) window
sign as shown within the building elevation entitled "Five Story Self Storage Facility for Big
Charlie's Truck Plaza, Inc.; View 4"may be permitted. All other signs shall come into compliance
with the City of Virginia Beach Zoning Ordinance or a Variance must be obtained and approved
through the Board of Zoning Appeals.
6. The existing freestanding sign shall be removed from the site within ninety (90) days of City Council's
approval of this Use Permit. Any new freestanding sign shall be a brick monument style sign, no
more than eight (8) feet in height. The freestanding sign shall be installed in accordance with the
City Zoning Ordinance and the Site Plan Ordinance.
7. 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 be erected no higher than fourteen (14) feet and shall be in substantial conformance to
the submitted light fixture details and photographs.
8. There shall be no electric powered, or diesel powered, generators or generators fueled by any other
source of energy located outside of the building.
9. The storage unit shall be used only for storage ofnon-hazardous goods.
10. The storage units shall not be used for office purposes, band rehearsals, residential dwellings or any
other purpose not consistent with the storage of goods.
These 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-eighth day o June,
Two Thousand Eleven
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer,
Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 28, 2011
-60-
Item V.K.3.
PLANNING ITEM # 61050
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY
CONSENT, an Ordinance upon application of the CITY OF VIRGINIA BEACH, for the Street
Closure, of an unnamed 70' public right of way dedicated adjacent to 2201 Elson Green Avenue and
2077 Princess Anne Road conveyance to David B. and Luke H. Hill District 7 -PRINCESS ANNE.
The following conditions shall be required:
1. The City Attorney's Office 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 applicant shall re-subdivide 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 applicant 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-oj=-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.
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer,
Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Coamcil Members Voting Nay:
None
Council Members Absent:
None
June 28, 2011
1 ORDINANCE APPROVING APPLICATION OF THE
2 CITY OF VIRGINIA BEACH FOR THE CLOSURE OF
3 A PORTION OF AN UNIMPROVED AND UNNAMED
4 70' PUBLIC RIGHT-OF-WAY ADJACENT TO 2201
5 ELSON GREEN AVENUE AND 2101 PRINCESS
6 ANNE ROAD AND RECONVEYANCE OF SAME TO
7 DAVID BELDON HILL AND LUKE HARRISON HILL
8
9 WHEREAS, in 1999, David Beldon Hill and Luke Harris Hill (the "Hills")
10 dedicated property to the City of Virginia Beach (the "Applicant") fora 70' right-of-way to
11 be used to access Three Oaks Elementary School (the "School");
12
13 WHEREAS, the Construction Division of the School Board modified its
14 plan so that access to the School would be from Elson Green Avenue;
15
16 WHEREAS, the 70' right-of-way was no longer needed for access to the
17 School and has remained unimproved and unnamed;
18
19 WHEREAS, the Applicant applied to the Council of the City of Virginia
20 Beach, Virginia, to have the hereinafter described right-of-way discontinued, closed, and
21 vacated and reconveyed to the Hills as owners of the parcel adjacent to the south of the
22 right-of-way ("GPIN 2414-22-0821"); and
23
24 WHEREAS, it is the judgment of the Council that said right-of-way be
25 discontinued, closed, and vacated, subject to certain conditions having been met on or
26 before one (1) year from City Council's adoption of this Ordinance and reconveyed to
27 the Hills;
28
29 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
30 Virginia Beach, Virginia:
31
32 SECTION I
33
34 That the hereinafter described unimproved and unnamed right-of-way be
35 discontinued, closed and vacated, subject to certain conditions being met on or before
36 one (1) year from City Council's adoption of this ordinance:
37
38 ALL THAT certain lot, tract, or parcel of land, together with
39 the improvements thereon belonging, lying, situate and
40 being in the City of Virginia Beach, Virginia and designated
41
42
43 GPIN: City right-of-way no GPIN assigned
44 Adjacent to 2414-13-3361 and 2414-22-0821
i
45 as "PORTION OF RIGHT-OF-WAY DEDICATED BY D.B.
46 4049, PG. 163 M.B. 275, PG 32 (TO BE CLOSED) AREA =
47 47,374 SF OR 1.088 ACRES," as shown on that certain plat
48 entitled: "EXHIBIT SHOWING A CLOSURE OF A PORTION
49 OF THE 70' PUBLIC RIGHT-OF-WAY DEDICATED BY
50 DEED BOOK 4049, PAGE 163 (MAP BOOK 275, PAGE
51 32)," dated July 13, 2010 and revised through March 9,
52 2011, prepared by Vanasse Hangen Brustlin, Inc., a copy of
53 which is attached hereto as Exhibit "A".
54
55 SECTION II
56
57 The following conditions must be met on or before one (1) year from City
58 Council's adoption of this ordinance:
59
60 1. The City Attorney's Office will make the final determination regarding
61 ownership of the underlying fee. The purchase price to be paid to the City is normally
62 determined according to the "Policy Regarding Purchase of City's Interest in Streets
63 Pursuant to Street Closures," approved by City Council. Copies of said policy are
64 available in the Planning Department. No purchase price shall be charged in this
65 street closure, however, because the City is both the owner of the underlying fee and
66 the applicant seeking this street closure.
67
68 2. The applicant shall re-subdivide the property and vacate internal lot
69 lines to incorporate the closed area into the adjoining parcel, known as GPIN 2414-22-
70 0821. The plat must be submitted and approved for recordation prior to final street
71 closure approval. Said plat must include the establishment of a 25' permanent utility
72 easement and a variable width temporary construction easement located at the
73 easternmost end of the closed portion of the right-of-way, subject to the approval of the
74 Department of Public Works and the City Attorney's Office, which easements shall
75 include a right of reasonable ingress and egress.
76
77 3. The applicant shall verify that no private utilities exist within the right-of-
78 way proposed for closure. Preliminary comments from the utility companies indicate
79 that there are no private utilities within the right-of-way proposed for closure. If private
80 utilities do exist, the applicant shall provide easements satisfactory to the utility
81 companies.
82
83 4. Closure of the right-of-way shall be contingent upon compliance with
84 the above stated conditions within one (1) year of approval by City Council. If all
85 conditions noted above are not in compliance and the final plat is not approved within
86 one (1) year of the City Council vote to close the street, this approval will be considered
87 null and void.
88
a
89 SECTION III
90
91 1. If the preceding conditions are not fulfilled on or before June 27, 2012,
92 this Ordinance will be deemed null and void without further action by the City Council.
93
94 2. If all conditions are met on or before June 27, 2012, the date of final
95 closure is the date the street closure ordinance is recorded by the City Attorney.
96
97 3. The City Manager or his designee is authorized to execute whatever
98 documents are necessary to convey the City's interest in the underlying fee to David
99 Beldon Hill and Luke Harris Hill, as the owners of GPIN 2414-22-0821, provided said
100 documents are approved by the City Attorney's Office.
101
102 SECTION IV
103
104 A certified copy of this Ordinance shall be filed in the Clerk's Office of the
105 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY
106 OF VIRGINIA BEACH as "Grantor" and "Grantee."
107
108 Adopted by the Council of the City of Virginia Beach, Virginia, on this
109 28th day of June , 2011.
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GRIN 2414-13-3361
PORTION OF RIGHT-OF-WAY
DEDICATED BY D.B. 4049, PG 163
MB 275 PG 32
(TO BE CLOSED)
AREA = 47,374 SF OR 1.088 ACRES
N 3443008.2371
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NOW OR FORMERLY
DAVID BELDON HILL
k LUKE H. HILL
DB 1529 PG 36
DB 1650 PG 562
W.B. 66 PG 37
INST./ 20030605D087111 {PLAT)
MB 275 PG 32
GPIN 2414-22-0223
PARCEL `B`
Revised 03!09/11
Sheet 1 of 2
Vartasse Exhibit Showing Dote 07/13/10
Hangen A Closure Of A Portion Of The 5co1e
Brustlin 70' Public Right-0f--Way Dedicated By vwecod„r~e Noo e
Transportation, Land Development Inc. Deed Book 4049, Page 163 31685st-close
and Environmental Services
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PROPOSED VARIABLE WIDTH
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CURVE DATA TABLE
NUMBER RADIUS DELTA ARC LENGTH TANGENT CHORD CHORD BEARING
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C2 500.00' 1'11`12" 1D.36" 5.18' 10.36' $52'22'25"W
C3 570.00' 3'42'43" 36.93' 18.47' 36.92' $52'13`50"W
C4 1571.50' 2'34"50" 70.78" 35.40" 70.77' $27'58'38"E
C5 500.00' 2'54'07" 25.32' 12.66' 25.32' 551'30'57"W
C6 1596.50' 2'33`35" 71.33" 35.67" 71.32' $28'07'59"E
C7 570.00' 2'33'19" 25.42' 12.71' 25.42' $52'48'32"W
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GPIN 2414-13-3361
VARIABLE WIDTH TEMPORARY
CONSTRUCTION EASEMENT
1,896 S.F. (0.0435 ACRE) TO
/BE RETAINED BY THE CITY
OF VIRGINIA BEACH, VIRGINIA
LINE TABLE
LINE LENGTH BEARING
Lt 65.48' N55'S5'45"W
L2 9.53" N00'19'55"E
50 0 50 100
SCALE IN FEET
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and Environmental Services
OncColumbus Center, Suite 1100.VirginiaBesch (Map Book 275 Page 32) Project Number
Virginia 23462 757/490-0132 A Fax 757/490.0136 ~ 3168$,00
-61-
Item M.1
APPOINTMENTS ITEM # 61051
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
BAYFRONT ADVISORY COMMITTEE
COMMUNITY SER VICES BOARD
HISTORICAL REVIEW BOARD
MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE
June 28, 2011
-62-
Item M.2
APPOINTMENTS ITEM # 61052
Upon NOMINATION by Vice Mayor Jones, City Council:
APPOINTED:
David A. Arias
3 Year Term 7/1/ll - 6/30/14
EASTERN VIRGINIA MEDICAL SCHOOL
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer,
Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent.•
None
June 28, 2011
-63-
Item M.3.
APPOINTMENTS ITEM # 61053
City Council REMOVED, BY CONSENSUS:
HUMAN RIGHTS COMMISSION
June 28, 2011
-64-
Item M.4.
APPOINTMENTS ITEM # 6IOS4
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
Louis P. Ochave
3 Year Term
6/I/11- S/31/14
TOWING ADVISORY BOARD
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer,
Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent.•
None
June 28, 2011
-65-
Item M. S.
CITY COUNCIL CANDIDATES ITEM # 61055
Mayor Sessoms advised the following CITY COUNCIL CANDIDATES for the AT LARGE SEAT
VACANCY were selected for Public Interviews:
Carray Banks, Jr.
Tanya Bullock
Dennis E. Free
William R. Miller, III
John D. Moss
Amelia N. Ross-Hammond
Prescott Sherrod
June 28, 2011
- 66 -
Item V.O.
ADJOURNMENT
ITEM # 61056
Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:18 P.M.
Be>>erly O. Hooks, CMC
Chief Deputy City Clerk
uth Hodges Fraser, MMC
City Clerk
City of Virginia Beach
Virginia
-----------------------------
William D. Sessoms, Jr.
Mayor
June 28, 2011
- 66 -
Item V.O.
ADJOURNMENT ITEM # 61056
Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:18 P.M.
Beverly yHooks, CMC
Chief Deputy City Clerk
th Hodges Fraser, MMC
City Clerk
City of Virginia Beach
Virginia
William D. essoms, Jr.
.Mayor
June 28, 2011