SEPTEMBER 13, 2011 MINUTESCITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR WIL(,IAM D. SESSOMS, JR., At-Large
V/C'h.' MAYOR LOU/S R. JONES, Bayside -District 9
GLENN R. DAV/S, Rose Hat! -District 3
WILL/AM R. DeS7h'PH, At-Large
HARRY E. Dlh,'ZF.L, Kempsvi!!e -District 2
ROBF.R%'M. DYER, Centerville -District 1
BARBARA M. HEN/,IiY, Princess Anne District 7
PRIiSCOTT SHERROD, At-Large
JOHN E. UHR/N, Beach -District 6
ROSEMARY WILSON, At-Large
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL APPOINTEES
CITY MANAGER .TAMES K. SPORE
CYl'Y ATTORNEY -MARK D. STILES
CI %'Y ASSESSOR -- JERALD D. BANAGAN
CITY AUllITOR - /. YNDON S. RF.M/AS
C/l'Y C/.E7ZK RUTH HODGES FRASF.R, MMC
I. CITY COUNCIL BRIEFING
-Conference Room -
1. VIRGINIA BEACH ROUNDTABLE - HRCC
Initiatives and Top Priorities -Linwood Branch, 2011 Chair
II. CITY COUNCIL LIAISON REPORTS
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
13 September 2011
CITY HALL BU/LD/NG
2401 COURTHOUSE DRIVE
V/RG/N/A BEACH, V/RG/N/A 23456-9005
PHONE. (757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycncl@vbgov.com
4:30 PM
5:00 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: Mr. Randall Childress
Pastor, Kempsville Church of Christ
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL and FORMAL SESSIONS
G. FORMAL SESSION AGENDA
H. BID OPENING
1. LEASE OF CITY-OWNED PROPERTY
2061 Chicory Street
I. PUBLIC HEARINGS
1. SPECIAL SERVICE DISTRICT (SSD)
Old Donation Neighborhood Dredging Project
2. EXCESS CITY PROPERTY
708 Victor Road
3. LEASES OF CITY-OWNED PROPERTY
a. Laskin and Republic Roads
b. 2501 Courthouse Drive
c. 1401 Southern Boulevard
August 23, 2011
CONSENT AGENDA
K. ORDINANCES/RESOLUTIONS
1. Ordinances to AMEND the City Code:
a. §2-75 re Merit and Nonmerit Service
b. §2-134 re Type B Grievances
§7-59.4 re prohibiting the use of skateboards and similar wheeled devices in Town Center
parking garages
2. Ordinances re the Old Donation Creek Area Dredging Special Service District
a. AMEND and REORDAIN the City Code by ADDING Chapter 35.3 "Neighborhood
Dredging Special Service Districts" (SSD) re Old Donation Creek area
b. CREATE the "Old Donation Creek Area Dredging" Project; APPROPRIATE estimated real
estate revenue; TRANSFER funds; and, provide direction re dredged materials
3. Ordinances re Whole Foods Market Group, Inc. (retail market):
a. Declare the former City owned pump station site at 708 Victor Road as EXCESS and
AUTHORIZE the City Manager to convey same to Republic Station, LLC
b. AUTHORIZE the City Manager to execute a long term lease of said property at Laskin and
Republic Roads
4. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease with E.V. Williams, Inc. at
1401 Southern Boulevard
5. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease with Beach Municipal
Federal Credit Union at 2501 Courthouse Drive, Building 4
6. Resolution to AUTHORIZE enlargement of the previous designation of the 19th Street Corridor
Recovery Zone to include the western resort area to be identified as the Resort Area West
Recovery Zone to prevent any penalty under the tax exempt bond rules
7. Resolution to AUTHORIZE support for the Hampton Roads Urban Area Security Initiative
Grant from the U.S. Department of Homeland Security in the amount of $2,500,000 re
emergency communications
8. Ordinance to AUTHORIZE a sanitary sewer line in the City of Norfolk's right-of--way to serve
properties along Wesleyan Drive in the City of Virginia Beach and EXECUTE a Franchise
Agreement therefor
9. Ordinances to AUTHORIZE temporary encroachments:
a. MARCUS G. and ANNE M. DRAGAS to construct and maintain an elevated beach access
walkway and a platform at 526 South Atlantic Avenue, Croatan Beach (DISTRICT 6 -
BEACH)
b. PEDRO F. and MELLESSA M. BECERRA to construct and maintain a bulkhead, float,
wharf and boatlift, extend an existing deck and remove an existing dock at 308 Teal Crescent,
Sand Broad Lake (DISTRICT 7 -PRINCESS ANNE)
10. Ordinance to ACCEPT and APPROPRIATE a $152,667 Grant from the Edward Byrne Justice
Assistance Grant Local Solicitation to be used as recommended by the Criminal Justice Board
for public safety and criminal processing.
11. Ordinances to provide TRANSFERS within the Inmate Services Special Revenue Fund of the
Sheriff s FY-2011-12 Budget:
a. $32,573 to convert two part-time Storekeeper II positions to a full-time Food Services
Assistant
b. $70,000 for the purchase of digital security cameras
L. PLANNING
Application of ANNETTE C. BEAUDRY, EXE./ANNETTE C. BEAUDRY and JOHNNIE
M. HICKS, for 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) at 2508 Beaufort Avenue
(DISTRICT 4 - BAYSIDE)
RECOMMENDATION
APPROVAL
2. Application of CHECKERED FLAG STORE # 2, LLC/EVERGREEN VIRGINIA, LLC, for
a Conditional Use Permit re a car wash at 5225 Virginia Beach Boulevard (DISTRICT 2 -
KEMPSVILLE)
RECOMMENDATION
APPROVAL
Application of OUTLET MALL PROPERTIES, L.C., for a Conditional Use Permit re a
business and vocational school at 116 South Independence Boulevard (DISTRICT 5 -
LYNNHAVEN)
RECOMMENDATION APPROVAL
4. Ordinances for the CITY OF VIRGINIA BEACH to AMEND:
a. City Code §§6.1 and 6.3, Appendix B, Subdivision Regulations, and §4 of the Site Plan
Ordinance, Appendix C, re the required information for preliminary and final Subdivision
plats and site plans
b. City Zoning Ordinance, (CZO), § 1303 re appeals of decisions regarding Certificates of
Appropriateness for the construction, alteration, repair, relocation or demolition of structures
within a Historic and Cultural District.
c. Comprehensive Plan re the Rosemont Strategic Growth Area Master Plan, dated August
2011, and REVISE the Policy document.
M. APPOINTMENTS
AGRICULTURAL ADVISORY COMMISSION
COMMUNITY SERVICES BOARD
ENERGY ADISORY COMMISSION
HEALTH SERVICES ADVISORY BOARD
HISTORICAL REVIEW BOARD
PARKS and RECREATION COMMISSION
PUBLIC LIBRARY BOARD
WETLANDS BOARD
WORKFORCE HOUSING ADVISORY BOARD
N. UNFINISHED BUSINESS
O. NEW BUSINESS
P. ADJOURNMENT
PUBLIC COMMENT
Non-Agenda Items
Each Speaker will be allowed 3 minutes
and each subject is limited to 3 Speakers
NATIONAL NIGHT OUT
OCTOBER 4, 2011
City Council Workshop
Cancelled
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
-1-
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
September 13, 2011
Mayor William D. Sessoms, Jr., called to order the CITY COUNCIL BRIEFING re VIRGINIA
BEACH ROUNDTABLE - HRCC in the City Council Conference Room, Tuesday, September 13, 2011,
at 4:30P.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., Prescott Sherrod, John E Uhrin and
Rosemary Wilson
Council Members Absent:
James L. Wood [Out of the Country on Vacation]
September 13, 2011
-2-
CITY COUNCIL `SBRIEFING
VIRGINIA BEACH ROUNDTABLE - HRCC
4:30 P.M.
ITEM # 61205
Mayor Sessoms announced the passing of former Vice Mayor and Council Member Robert Fentress on
September 11, 2011. Mayor Sessoms requested the Flags be placed at `half mast for three (3) days in
remembrance from September 14, 2011, thru Friday, September 16, 2011.
Mayor Sessoms introduced Linwood Branch, 2011 Chair -Hampton Roads Chamber of Commerce -
Virginia Beach Roundtable.
Mr. Branch recognized members of the Virginia Beach Roundtable (comprised of members of the
Central Business District Association, Hampton Roads Association of Commercial Real Estate, Hampton
Roads Chamber of Commerce, Hampton Roads Realtors Association, Virginia Beach Hotel/Motel
Association, Retail Alliance, Tidewater Builders Association and Virginia Beach Vision). Mr. Branch
extended sincere gratitude for the opportunity to present Mayor Sessoms and the City Council with the
business community's perspective on the priorities which the City Council of Virginia Beach should focus
in the coming year. Several priorities have been identified which the Virginia Beach Roundtable firmly
believes should be included in Virginia Beach's State Legislative Package for 2012. The priorities
identified are believed to provide opportunity for collaborative initiatives and measurable results. The
Roundtable looks forward to working with City Council to achieve success for the City of Virginia Beach
and the Hampton Roads region. The Roundtable's first meeting was held in 1999.
The Roundtable applauded the City Council 's leadership during the past year on many initiatives that
have been identified in prior years by the Roundtable. Noteworthy are the strides being made in funding
transportation and the advocacy for the local option, "defined contribution "retirement plans under the
Virginia Retirement System. The Roundtable is also encouraged by the City's engagement in regional
leadership positions as this serves to drive our economic advancement and protect our defense assets
through regional collaboration.
Martha S. McClees, Executive Director -Virginia Beach Vision, was in attendance and also participated
in the process.
The 2011-2012 Virginia Beach Roundtable Prioritization Results are as follows:
Local Initiative -Virginia Beach City Council
1. Convention Center Hotel/Resort Entertainment Complex Development
2. Public/private Partnerships to enhance economic prosperity and public investment
in infrastructure
3. Strategic Growth Area (SGA) Parking Development
September 13, 2011
-3-
CITY COUNCIL `SBRIEFING
VIRGINIA BEACH ROUNDTABLE - HRCC
ITEM # 61205 (Continued)
Mr. Branch introduced Ira Agricola, Senior Vice President -Hampton Roads Chamber of Commerce,
who defined their top priorities. Mr. Agricola also acknowledged Martha S. McClees, Executive Director
- Virginia Beach Vision, Inc. and appreciates the partnership the business community enjoys in Virginia
Beach.
The following were the top priorities identified for inclusion in their State Legislative Package for 2012:
1. Long term sustainable revenue source for transportation
2. Defined contribution plan in lieu of defined benefit plan enabling legislation to
require local option to modify retirement service and age qualification
3. Operational funds secured for passenger rail and state funding for Appomattox
rail bridge replacement
4. Tax reform -elimination of Merchants Capital Tax, BPOL and Machinery and
Tools Tax throughout the Commonwealth contingent upon a replacement source
of revenue sufficient to maintain local revenue at current levels. (example -sales
tax reform)
The aforementioned priorities were developed in an inclusive process that involved several meetings, as
well as online polling of the leadership from the participating entities. The results are believed to be truly
representative of the broad-based business interests in Virginia Beach and are optimistic that City
Cozrncil will carefully consider this feedback in making policy decisions in the months ahead.
Mr. Agricola advised the Roundtable is requesting a tax reform that will keep the cities whole and be a
revenue neutral situation. The request is not to reduce the tax without corresponding revenues.
Correspondence of Michael J. Barrett, President -Virginia Beach Vision, Inc. listing several items for
inclusion re City Council's Legislative Agenda for the 2012 Session of the Virginia Beach General
Assembly, is hereby made a part of the record.
Councilman DeSteph believes the BPOL tax should be reformed completely, whether phased out or the
manner in which it is termed to be replaced. Councilman Diezel advised, years ago, this started with a
$90-MILLION increment to the existing Operating Budget and Capital Improvement Budget.
Councilman Diezel wished to be informed re the services which are going to decrease and what fees or
taxes will be `put on the table ". Councilman DeSteph asked if a business lost an enormous amount of
money the previous year is the tax still being paid on net revenue even though the business has a huge
loss.
Councilman Dyer advised one of the areas, which the Process Improvement Task Force will be
reviewing, is the BPOL concerning its competitiveness and maintaining existing business. The "big
picture " will be examined. One of the "backbones " of the economy, especially in the upcoming future,
will be keeping small businesses opened.
Councilman Davis believes the Government absorbing the investment risk of an individual 's retirement
account is gone.
September 13, 2011
VIRGINIA BEACH
~I~I~-~~
September 2, 2011
The Honorable William D. Sessoms
The Honorable City Council
City of Virginia Beach
2401 Courthouse Drive
Municipal Center
Virginia Beach, VA 23456
Dear Mayor Sessoms, Vice Mayor Jones and City Council Members:
As City Council prepares its legislative agenda for the 2012 Session of the Virginia General
Assembly and city priorities for the calendar year, I ask that you consider inclusion of several
items Virginia Beach Vision believes of significance to the future of the city and the region.
• Public investment -City Council should continue to identify public-private ventures
where studies show that joint participation will enhance the economic prosperity of the
city, broaden its tax base, and serve the interests of the citizens at large.
• Transportation - Since the city has many local road building projects that remain
unfunded, new or expanded revenue sources must be identified to address key points of
congestion. The City Council must also take a leadership role in advocating the
development of new sources of state revenue to finance wholly inadequate road,
construction and maintenance funding by the Commonwealth.
• Passenger rail - The city and state are encouraged to move as quickly as feasible to
integrate light rail into the region's transportation network, connecting it to higher
speed passenger rail. City Council should expedite the completion of the Alternatives
Study for the Virginia Beach extension of the Tide when actual usage date is available
and encourage the General Assembly to provide a dedicated source of funding for the
newly created rail operating fund.
• Military affairs - The complex relationships between federal agencies and facilities and
local government has continued to evolve as new strategic military planning and budget
pressures challenge the military and host communities to adapt. It is increasingly critical that
city continue to offer aggressive and proactive leadership in identifying and negotiating
issues that could impede the retention and expansion of military interests or the future
growth of new and expanding industries in the city.
• Public employee benefits -The City Council should work with other Hampton Roads'
localities, VML/VACCO, the General Assembly delegation and the business community
to secure enabling legislation that will empower localities to provide defined
contribution plans in lieu of defined benefits plans, will allow greater flexibility to modify
retirement service and age qualifications, and to require local employee contributions to
their benefit packages.
• Parking strategy -The success of the city's Strategic Growth Area Plans will depend in
part on development of a parking strategy specific to the needs of each area. Private
sector transit oriented development that is an integral part of several of the SGAs can
only be realized if parking is addressed in a comprehensive way.
• Intergovernmental relations -Envision Virginia Beach 2040 was formed to address the
realignment of governmental duties, services and responsibilities and to identify the
legislative, fiscal and governmental actions needed to adapt to changed circumstances.
City Council's close engagement in the process, review and ultimate implementation is
encouraged.
• BPOL Tax -The BPOL Tax is a poorly structured tax that should be replaced with a more
equitable tax on business. It also represents a significant source of revenue to local
governments that cannot be forfeited. Virginia Beach Vision encourages the General
Assembly to provide enabling legislation for a tax alternative that represents an
equitable and sustainable replacement source of local revenue.
We thank you for your consideration of these requests. More detail and background on each
position is provided in the attached document. Virginia Beach Vision stands ready to assist you
in moving these issues forward during the coming year.
Respectfully,
av+~t~
Michael J. Barrett
President
Virginia Beach Vision, Inc.
Cc: James K. Spore, City Manager
Robert M. Matthias, Assistant to the City Manager
-4-
CITY COUNCIL `SCOMMENTS
HURRICANE IRENE DEBRIS COLLECTION EFFORTS
4:45 P.M.
ITEM # 61206
Council Lady Henley inquired the status of debris collection efforts re Hurricane Irene Debris. The City
Manager's memorandum from the Interim Director of Public Works -Phillip A. Davenport, reflects an
anticipated completion of the cleanup not later than September 30, 2011. Projected collection of over
125, 000 cubic yards within thirty (30) days will likely cost approximately $2.5-MILLION.
David L. Hansen, Deputy City Manager, distributed a Memorandum re Hurricane Irene Cleanup
Efforts, an update on the storm collection. The original estimates developed by FEMA and City staff
indicted approximately 70, 000 cubic yards of debris. The actual amounts are much greater, however, and
the revised estimate is now approximately 125, 000 - 150, 000 cubic yards. Public Works Waste
Management has augmented the normal yard debris collection resources uy suspending bulk item
collections and yard debris container rentals to focus their efforts on the storm cleanup. Regional storm
debris contracts have been activated to secure contractor resources to assist the cleanup effort. The
initial cost estimate from FEMA for storm cleanup was $968, 000. Given the actual time and effort being
required, the actual cost could be $2. S to $3-MILLION.
The Staff is maintaining accurate records and expects to fzle for FEMA reimbursement of 75% of the
actual costs.
September 13, 2011
r' tN,1A BE,q a-S
~Q`4G~~~C~~
_~
~~ _ ~ .r
~:,
U ti t
- - >~ .~, .
`_~~,
L..O` OUR NP~~O
OFFICE OF THE CITY MANAGER
757-385-4242
FAX (757)427-5626
TDD (757)385-4305
amity of Virginia g~ach
INTER-OFFICE MEMORANDUM
DATE: September 13, 2011
TO: Mayor William D. Sessoms, Jr. and Members of City Council
THROUGH: James K. Spore, City Manager
FROM: David L. Hansen, Deputy City Manager: ,;t
SUBJECT: Hurricane Irene Debris Collection Efforts
~'~3gUV.C0111
MUNICIPAL CENTER
BUILDING NUMBER 1, ROOM 234
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9001
Attached you will find a memo and briefing charts from the Interim Director of Public Works
providing an update on the Hurricane Irene debris collection efforts. We are wrestling with
double our initial estimate as Irene created three times what the 2009 Nor'easter created and four
times what this May's thunderstorm caused. We have mobilized contract support to assist in the
cleanup effort while trying to maintain some normalcy in our weekly routes. We expect to
complete a full pass through the entire city by September 22 and have scheduled a full second
pass immediately thereafter. We anticipate completing the Hurricane Irene cleanup not later than
September 30.
Projected collection of over 125,000 cubic yards within thirty days will likely cost approximately
$2.SM. Our staff is maintaining accurate records and we expect to file for FEMA reimbursement
of 75% of the actual costs.
Please let me know if you have any questions or would like to discuss this further.
DLl-I/s
Attachment (s)
~~ ¢~l~la ~~~~~
~ ~- . Z,
~~ ;".' -
U.~ G a
ILL - ;;'
r - rs ' z ,
., ~~ iii(
~`_oF OUR NRS~~
Ci_t~ of ~Tirginia ~ cach.
VBS~OV.CORI
DEPARTMENT OF PUBLIC WORKS
DIRECTOR'S OFFICE
(757)385-4167
FAX (757) 385-5783
TTY: 711
INTER-OFFICE MEMORANDUM
DATE: September 13, 2011
TO: David L. Hansen, Deputy City Manager
FROM: Phillip A. Davenport, Interim Director, Public Works
SUBJECT: Hurricane Irene Cleanup Efforts
MUNICIPAL CENTER
BUILDING 2
2405 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9031
This memo is an update on our storm debris collection efforts following Hurricane Irene. While
the storm's overall impact was much less than it could have been, the impact on residential
collection has been much more than originally estimated. Although the amount of large material
is limited, almost every residence has some debris, and the amounts in wooded neighborhoods
are extensive. The original estimates developed by FEMA and City staff indicated approximately
70,000 cubic yards of debris. The actual amounts are much greater, however, and the revised
estimate is now approximately 125,000 - 150,000 cubic yards.
As a comparison, the May 2011 storm created approximately 30,000 cubic yards of debris and
took two weeks to clean up. The 2009 Nor'easter created approximately 45,000 cubic yards and
took three weeks to clean up.
Public Works Waste Management has augmented the normal yard debris collection resources
by suspending bulk item collections and yard debris container rentals to focus their efforts on
the storm cleanup. Temporary staff has been added and crews are working overtime, six days
per week. Regional storm debris contracts have been activated to secure contractor resources
to assist the cleanup effort. The contractor continues to ramp up crews, and expects to have
35-40 crews working by the end of this week.
One pass of debris clean up has been completed in the Tuesday and Thursday collection
zones. Work began last week in the Wednesday and Friday collection zones, with work
progressing from east to west across the City. Areas that are routinely completed in one day,
however, have taken 4-5 days to complete. The contractor anticipates that it will take until the
end of next week to complete a full pass for the whole City. Residents are continuing to bring
out storm debris and volumes continue to increase. We anticipate that the second pass could
take an additional 1-2 weeks.
David L. Hansen, Deputy City Manager
Hurricane Irene Cleanup Efforts
September 13, 2011
Page 2
The initial cost estimate from FEMA for storm cleanup was $968,000. Given the actual time and
effort being required, the actual cost could be $2.5 to $3 million. The Presidential declaration
has been received and FEMA will be looking at Project Documentation for a determination of a
Federal 75%-25% reimbursement split.
Residents have been patient but are ready for the storm debris to be gone and for normal yard
waste collections to resume. In-house and contracted resources are working diligently to that
end. We have continued to stay on schedule with waste collection and recycling, and we plan
to resume bulk item collections and yard debris containers next week.
Please let me know if I can provide any additional information.
PAD/
John C. Barnes, P.E., Public Works, Waste Management Administrator
Mark B. Gemender, P.E., Public Works Operations Engineer
9/13/2011
HURRICANE IRENE
®E~RIS MANAGEMENT
U P®ATE
SEPTEMEER 13, 201 1
,.^'1"~~
'~~N1n BE c'=
f~i~Y;~4'0 ~ ~ A,~!r LI~
~~r ;2~.
~y~ v T~ s.
l~~~y~k~ ~A'~''~, ~~r//
°q `"~ <, k ~~~
----- .. ~'4t'vr~
~~
~y~ 1
®ve rvi ew
- The storm
- Debris impacts
- Debris Management Efforts
In-House Waste Management Crews
Debris Management Contractors
- Schedule
- Costs
°~`
z
1
9/13/2011
The St®rm
- Saturday, August 27
- Less than hurricane strength winds
- 8-9" of rain
- Power outages
- Storm surge in Lynnhaven watershed
- Minimal street flooding around City
3
®ebris Impacts
- Original FEMA estimate 70K C.Y.
- Current estimate 125K -1 50K C.Y.
- Comparisons
May 201 1 storm, 30K C.Y., 2 weeks clean up
2009 Nor'easter, 45K C.Y., 3 weeks clean up
.~yr
~ ~~
S` '~, ~~ 4
2
9/13/2011
Waste Management Efforts
- Maintain MSW and recycling collections
- Yard debris 6 days/week
- Defer bulk item collections
- Defer yard debris containers
- Eliminate 4x4x4 rule
- Hire contractors to assist
1 ~ ~I`a~ ~
! {i
5
®ebris Management Efforts
- Local contractors during first week
- SAIC -Coordination and Debris Monitoring,
Public Assistance and Reporting to FEMA on
Cost Recovery.
- Phillips &,Jordan, Inc. second week
- Extensive debris management experience
- 1 5 crews at start
- Increasing to 40 crews this week
~ :,_
. 6
3
9/13/2011
~:.~,~:
~' {J:
i1 ~y ~
t X31
.. f.. ., ~
~: ` ~
.~,
Xl~..
V
~~ 4 .Y
~( ~f ..
~•
~ ' ~~
„ ^~'
i~ i
'
f
,
L !
`
~
~
f ~j ~
:;a~:. ,.
.. _.
~,
~a~ ham,
.a vf" n
II ~wM`~~~ v r xr _
,'^' = }ham ~~ `- ~' t~T
r
r _
X
k'
~`";r
' ~~~~~ 4 ~~. ~ ~
,.x
y~~.
4
9/13/2011
Disp®sal Sites
- Potter's Pit
Bags to McGill for composting
Woody debris -contractor grind, dispose for mulch
- HRRC
Use when closest site for contractor
Landfill bags and woody debris
~ ~. 9
~i~
t~~ _ I
,~-_~ ~~ ~ r..
~_~ ~
~..,_.. - _ gip,..
I.~ _..r.. ~' ~ ' _
:~"-
{
io
5
9/13/2011
~.~{a~t vac lp f.-q~.~ :~
. _ ~ ~ ~ .. ~ _ .. , ~ '""a , _.
n
iz
6
9/13/2011
Schedule
- Tuesday and Thursday collection zones
complete
- Wednesday and Friday collection zones
started last week
- Complete first pass NLT Sept 22nd
- Limited second pass completed by Sept 30tH
- Resume bulk items and yard debris
containers Sept 20tH
_. ~.
. ~.
~,:
13
C®StS
- Original FEMA estimate $968K
- Current estimate $2.5 - $3.OM
- Presidential declaration received
- FEMA review of documentation
- Expect reimbursement up to 75-25%
Federal/City split
~~ --,
14
7
-5-
CITY COUNCIL LIAISONREPORTS
4:46 P.M.
ITEM # 61207
A joint memo from Public Works and Parks and Recreation ident~ing the level of effort to be expended
this year (FY12) in the road resurfacing program and its effort to accommodate other users of the City's
roadways was distributed. Public Works and Parks and Recreation are extremely pleased with the level
of success The City Council's appropriations have allowed performance, with over 170 lane miles of
resurfacing work and Modification of twenty-two (22) of those lane miles so that they can be added to
the Bikeways and Trails Plan.
September 13, 2011
O~~ ~ ~ 1~~~c~
~ ,,.
~~ ~~ =r ~~ City of Vir~irlia Beach
~°°'__~ _ ; ~ ti
w
'moo -.~...~~'~, r
~9 x ~\~
9,1. p~
S ~F oUR NA~~O,~,r
l ° VBgov.com
OFFICE OF THE CITY MANAGER MUNICIPAL CENTER
BUILDING 1, ROOM 234
(757) 386-4242 2401 COURTHOUSE DRIVE
FAX (757) 427-5626
VIRGINIA BEACH, VIRGINIA 23456-9001
September 13, 2011
The Honorable William D. Sessoms, Jr. and
Members of Council
Subject: 2012 Bikeways & Trails Plan Implementation
Dear Mayor and Council Members:
Attached you will find a joint memo from Public Works and Parks and Recreation identifying
the level of effort we will expend this year (FY12) in our road resurfacing program and its effort
to accommodate other users of the City's roadways. We are extremely pleased with level of
effort the Council's appropriations have allowed us to perform and, with over 170 lane miles of
resurfacing work; we will be able to modify 22 of those lane miles so that they can be added to
the Bikeways and Trails Plan. A spreadsheet is attached to the staff memo which identifies the
specific streets and the particular type improvements to be implemented. We continue to
incorporate this as a focus area within our roads sustainment program.
Please contact me if you have any questions or need additional information.
With Pride In Our City,
James .Spore
~i~ty M ager
JKS/DLH/s
Attachment
c: David L. Hansen, City Managers Office
Phillip A. Davenport, Public Works
Steve Johnston, Parks & Recreation
Brian Solis, Parks & Recreation
City of Virginia S each
VBgovcom
MUNICIPAL CENTER
BUILDING 2
2405 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456
INTER-OFFICE MEMORANDUM
DATE: September 13, 2011
To: James K. Spore, City Manager
VIA: David L. Hansen, Deputy City Manag
FROM: Phil Davenport, Interim Director of Public Works
Steven Johnston, Interim Director of Parks & Recreation
Brian Solis, Interim Director of Parks and Recreation
SUBJECT: Bikeways & Trails Plan Implementation Status
Pursuant to the City of Virginia Beach Council resolution dated January 8, 2008 that
"reasonable accommodations would be made for various users on the City's public
roads," the department of Public Works and the department of Parks & Recreation have
worked together to accommodate other users of the City's roadways. In compliance
with the resolution, the paving plan for this year which was developed by Public Works
Operations was reviewed by Parks and Recreation for areas which could reasonably
accommodate bicycles through either restriping and or providing additional width and
subsequently validated by Public Works traffic Engineering. These areas are based off
of the paving schedule that Public Works Operations creates each year to repair and
further maintain the City's roadway infrastructure.
This year's paving schedule (FY 2012) will include over 170 lane miles (LM) of
resurfacing work, which includes over 60 LM of primary arterials in the City. The
creation of the schedule occurs over several months and typically begins in December.
Annually, Public Works Operations reviews the current condition of the City's roadways
and assigns condition ratings to each segment. The condition ratings are based on the
field survey data collected by a consultant who has specialized equipment/experience
and has provided an extensive analysis of the current condition of the entire street
system. Many factors including, but not limited to surFace condition, subsurface
condition, previous rehabilitation work history and project work by other departments
and external agencies were reviewed while creating the schedule.
DEPARTMENT OF PUBLIC WORKS
(757)385-4167
FAX (757) 365-5783
TDD: 711
The paving schedule was finalized in early March and then was submitted to other City
departments for review and comment. The role of Parks and Recreation is to provide a
review and comparison with the Bikes and Trailways plan, target those areas which may
be complementary to the plan and provide recommendation as to which can be
accomplished coincidental to the pavement overlay schedule, validated subsequently by
Public Works Traffic Engineering. Both departments play key roles in determining what
areas are suitable; from a traffic safety, and constructability standpoint, as well as
meeting the overall Bikeways and Trail plan.
Reports were received from both groups outlining the possible location and type of
modifications that could be done to comply with the resolution. The types of changes
included restriping the lane lines to make a wider outside lane for cyclists, extending the
shoulder space, and/or creating a shoulder area for the bikeway accommodations. All
of these will help to accommodate both cyclists and pedestrians. Upon Public Works
Operations review of the recommendations, we have found that the modifications to 22
lane miles from the paving schedule could be added to the Bikeway and Trails Plan.
This will further the connectivity of the Bikeway and Trails Plan and meet the resolution
requirements of the multi-modal accommodations. An additional four miles of bike lane
will be added to the eastbound side of Shore Drive. When all of the work is completed
this year, we will have added over 26 miles of bike facilities to our transportation
system.
cc: Cindy Curtis, Deputy City Manager
Mark Gemender, Operations Engineer
c
.~
a
N
O
N
r
r
O
N
N
Y
3
V
.C
a
t
.~ IL
3 " 0
(`O') 0
(`O') 0
M 0
M 0
M 0
M 0
~ 0
N 0
N 0
(~O 0
(`~') 0
~ 0
00') 0
M 0
~ 0
(`O') 0
P07 0
V 0
V 0
P~7 0
M 0
M 0
M „.
~
~E
t
~
C N
N
r V
N
r W
(`7
~o 00
O
~ 1n
N
~ O
t0
(") V
< n
O
~ m
C]
O r
N
N O
V'
O O
t0
O N
(O
l~ O
l~
a0
c- ~
N
~ 7
O ~
O
f0 W
O
t0
M
r O
N
.--
r
N M
r
c0 ~
{`!
N
d
v
J t!1 ~ ~ ~ N N N M N ~ In r r h 0 r In to N '- r W -
(n
J W Z ~ Z ~ N 2 m
w
~ m
~ J
m O
~ m
Z
~ m
Z J
m p
d' m
= m
2 ~
J J
m }
Q m
~
•.
m
Q O
p
Z U
Q
w J
m
~
~
2
Z
2
d' ~
W U
Z
W
Z
a
K
~ p
w 0
O
p
2' O
O
p
I-
N
q
m
~ p.
Z
~ Q
w m Z
Q. J
m
m w
>
(Yj
w
p J
J
p
(n
Q Y
C m
~
~ m
J
~ ~
fn
Q m
Q Z
Q' m
Q W
>
p
Q
O
m
~
p
Z z
-
O
~ S
I-
O
O Z
Q
w
U O
p
z
O ~
z
z
>-
z
~
Q z
O
J
O rn
d
g
w w
w
Z w
Z
~ c~
Z
J
w m
m
~
w
Z
w w
a
~
w
Z
w w
F.
~
O 2
~
~
O z
-
O
~ 2
r
U
O ~n
z
rY
Q 2
z
Z
> '
..
..
m w > <n O J J p o Y _ a m ~ C9 2 (7 a z > <n m J
- ~m
p
aaY
w w O
¢¢w
} y U
W 076~p~~Op pp ppmpj ZZt`
w m zv>~aa~~ m~ ~~zcnzrnv~rn
v~i ~~zzaaa~~om~zz ~~~3pppp
I ppppZZZpp~W ~ZZ ppddQ:2 d'~
00 m m 0 0 0~~ w p p¢¢ tY ~ z Z z z z z
~ QQYYJF-F-mm~~ ~(n (n~mm»»»
Q y ~, U U O Q Q Z Z~~~ w W~ Z Z Q Q Q Q Q Q
w w w w U z Z 0 0 fn w w U O W 0 0 2 2 2 2 2 2
J J Z 2 F. rr m p p a F~ > p p z z z z z z
~~~Q. Q.~F,Z Z ~xQ XqZZJZZZZZZZZ
m m LL ?.? Jd ~ Y m m d d U OJ dJ J J J J J J
C
O
.~
d
Y
N
a
u
m
m
m
'c
.~
N
x
m
~i
al
N
}
LL
1
T
U
-6-
AGENDA REVIEW SESSION
4:53 P.M.
ITEM # 61208
Councilman DeSteph referenced the Ordinance should refer to all City Owned Parking Garages
1. Ordinance to AMEND the City Code:
c. ~7-59.4 re prohibiting the use of skateboards and similar wheeled devices in Town
Center parking garages
Councilman DeSteph suggested an Alternate Version:
c. Ordinance to add Section 7-59.6 of the City Code re riding wheeled devices in
City Owned parking garages
TEM # 61209
Attorney Rebecca D. Kubin distributed three (3) Summary of Term Sheets, Exhibit A, with minor
revisions replacing Term Sheets 3a1b and 4.
3 Ordinances re Whole Foods Market Group, Inc. (retail market):
a. Declare the former City owned pump station site at 708 Victor Road as EXCESS and
AUTHORIZE the City Manager to convey same to Republic Station, LLC
b. AUTHORIZE the City Manager to execute a long term lease of said property at
Laskin and Republic Roads
4 Ordinance to AUTHORIZE the City Manager to EXECUTE a lease with E. V. Williams,
Inc. at 1401 Southern Boulevard
September 13, 2011
-7-
AGENDA REVIEW SESSION
4:53 P.M.
ITEM # 61210 (Continued)
BY CONSENSUS, the following shall compose the CONSENT AGENDA:
K ORDINANCES/RESOL UTIONS
1. Ordinances to AMEND the City Code:
a. ~2-75 re Merit and Nonmerit Service
b. ~2-134 re Type B Grievances
c. Ordinance to add Section 7-59.6 of the City Code re pertaining
to riding wheeled devices in City Owned parking garages.
2. Ordinances re the Old Donation Creek Area Dredging Special Service District
a. AMEND and REORDAIN the City Code by ADDING Chapter 35.3
"Neighborhood Dredging Special Service Districts " (SSD) re Old Donation
Creek area
b. CREATE the "Old Donation Creek Area Dredging" Project;
APPROPRIATE estimated real estate revenue; TRANSFER funds; and,
provide direction re dredged materials
3. Ordinances re Whole Foods Market Group, Inc. (retail market)
shall be AMENDED
a. Declare the former City owned pump station site at 708 Victor Road as
EXCESS and AUTHORIZE the City Manager to convey same to Republic
Station, LLC
b. AUTHORIZE the City Manager to execute a long term lease of said property
at Laskin and Republic Roads
4. Ordinance to A UTHORIZE the City Manager to EXECUTE a lease with E. V.
Williams, Inc. at 1401 Southern Boulevard shall be AMENDED
5. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease with Beach
Municipal Federal Credit Union at 2501 Courthouse Drive, Building 4
6. Resolution to AUTHORIZE enlargement of the previous designation of the 19`"
Street Corridor Recovery Zone to include the western Resort Area to be identified
as the Resort Area West Recovery Zone to prevent any penalty under the tax
exempt bond rules
7. Resolution to AUTHORIZE support for the Hampton Roads Urban Area Security
Initiative Grant from the U.S. Department of Homeland Security in the amount of
$2, 500, 000 re emergency communications
September 13, 2011
-8-
AGENDA REVIEW SESSION
4:53 P.M.
ITEM # 61210 (Continued)
8. Ordinance to AUTHORIZE a sanitary sewer line in the City of Norfolk's right-of-
way to serve properties along Wesleyan Drive in the City of Virginia Beach and
EXECUTE a Franchise Agreement therefor
9. Ordinances to AUTHORIZE temporary encroachments:
a. MARCUS G. and ANNE M. DRAGAS to construct and maintain an elevated
beach access walkway and a platform at 526 South Atlantic Avenue, Croatan
Beach (DISTRICT 6 -BEACH)
b. PEDRO F. and MELLESSA M. BECERRA to construct and maintain a
bulkhead, float, wharf and boatlift, extend an existing deck and remove an
existing dock at 308 Teal Crescent, Sand Broad Lake (DISTRICT 7 -
PRINCESSANNE)
10. Ordinance to ACCEPT and APPROPRIATE a $152, 667 Grant from the Edward
Byrne Justice Assistance Grant Local Solicitation to be used as recommended by
the Criminal Justice Board for public safety and criminal processing.
11. Ordinances to provide TRANSFERS within the Inmate Services Special Revenue
Fund of the Sheriff s FY-2011-12 Budget:
a. $32, 573 to convert two part-time Storekeeper II positions to a full-time Food
Services Assistant
b. $70, 000 for the purchase of digital security cameras
Councilman DeSteph distributed an Alternate Version:
K 1. c. Ordinance to add Section 7-59.6 of the City Code re riding wheeled devices in City
Owned parking garages
Councilman Prescott Sherrod will ABSTAIN on Items 26, 10, lla
September 13, 2011
-9-
AGENDA REVIEW SESSION
ITEM # 6l Zll (Continued)
BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA:
L.
Application of ANNETTE C. BEAUDRY, EXE./ANNETTE C. BEAUDRY and
JOHNNIE M. HICKS, for 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)
at 2508 Beaufort Avenue (DISTRICT 4 - BAYSIDE)
2. Application of CHECKERED FLAG STORE # 2, LLC/EVERGREEN VIRGINIA, LLC,
for a Conditional Use Permit re a car wash at 5225 Virginia Beach Boulevard (DISTRICT
2 - KEMPSVILLE)
3. Application of OUTLET MALL PROPERTIES, L.C., for a Conditional Use Permit re a
business and vocational school at 116 South Independence Boulevard (DISTRICT S -
LYNNHAVEN)
4. Ordinances for the CITY OF VIRGINIA BEACH to AMEND:
a. City Code ~'~6.1 and 6.3, Appendix B, Subdivision Regulations, and ~¢4 of the Site
Plan Ordinance, Appendix C, re the required information for preliminary and final
Subdivision plats and site plans
b. City Zoning Ordinance, (CZO), ¢1303 re appeals of decisions regarding Certificates
of Appropriateness for the construction, alteration, repair, relocation or demolition of
structures within a Historic and Cultural District.
c. Comprehensive Plan re the Rosemont Strategic Growth Area Master Plan, dated
August 2011, and REVISE the Policy document.
September 13, 2011
-10-
ITEM # 61212
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: Council, 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:
Princess Anne District
Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council voted to proceed
into CLOSED SESSION at 4:56 P.M.
September 13, 2011
-11-
TEM # 61212 (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., Prescott Sherrod, John E. Uhrin and Rosemary
Wilson
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
James L. Wood
[Out of the Country on Vacation)
(Closed Session: (4:56 P.M. - S: SS P.M.)
September 13, 2011
-12-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
September 13, 2011
6:00 P.M.
Mayor William D. Sessoms, Jr. called to order the FORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, September 13, 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., Prescott Sherrod, John E. Uhrin and
Rosemary Wilson
Council Members Absent.•
James L. Wood [Out of the Country on Vacation]
INVOCATION: Dr. Reverend Randall Childress
Pastor, Kempsville Church of Christ
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.
September 13, 2011
-13-
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
Mai°ch 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 off cial records of City Council. Vice Mayor Jones
regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the
record.
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of
Goodman and Company and is directly and indirectly involved in many of Goodman and Company's
transactions. However, due to the size of Goodman and Company and the volume of transactions it
handles in any given year, Goodman and Company has an interest in numerous matters in which her
husband is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government 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 ftle the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record.
Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential
Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the
volume of transactions it handles in any given year, Prudential has an interest in numerous matters in
which she is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Confict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of ident~ing any matters in which she might have an actual or potential conf ict. If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Cozmcil Lady Wilson's letter of January 27, 2004, is hereby made a part of the record.
September 13, 2011
-14-
Item - V-E.1
CERTIFICATION
ITEM # 61213
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE
CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered
by Virginia Beach City Council.
Voting: 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., Prescott Sherrod, John E. Uhrin and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
James L. Wood
September 13, 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 #61212, Page 10, and in accordance with the provisions ojThe
Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies
that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open
Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution
applies; and, (b) only such public business matters as were identified in the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach City Council.
uth Hodges raser, MMC
City Clerk
September 13, 2011
-15-
Item - V-F.1
MINUTES
ITEM # 61214
Upon motion by Councilman Dyer, seconded by Councilman Diezel, City Council APPROVED the
MINUTES of the INFORMAL and FORMAL SESSIONS of August 23, 2011.
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., Prescott Sherrod, John E. Uhrin and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
James L. Wood
September 13, 2011
-16-
Item V-G.1.
ADOPT AGENDA
FOR FORMAL SESSION ITEM # 6121 S
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
September 13, 2011
-17-
Item V.H.1.
BID OPENING ITEM # 61216
Mayor Sessoms called for the Bid Opening:
Lease of City property:
"Pursuant to Virginia Code Section 15.2-2102, the Chair will now summarize the bids
that have been received for a proposed lease of a portion of City property located at
2061 Chicory Street for use as a site on which certain personal wireless
communications facilities are located
One bid has been received, as follows:
Richmond 20MHz, d.b.a NTELOS Wireless has bid:
Base rent: $6,955.64 per year
Additional rent: (not applicable)
Annual increase 3%
Are there any other persons desiring to submit a bid at this time?
There being no further bids, the bidding is closed.
The staff will evaluate the bid that has been received concerning the proposed lease
and make their recommendation at a future meeting. "
September 13, 2011
-IS-
Item i!I.1.
PUBLIC HEARING ITEM # 61217
Mayor Sessoms DECLARED a PUBLIC HEARING:
SPECL9L SERVICE DISTRICT (SSD)
Old Donation Neighborhood Dredging Project
The following registered to speak:
Empsy Munden, President -Cape Story By The Sea, 2203 Bayberry Street, Phone: 869-5785.
Ms. Munden 's community is the one that relates to the creation of a Special Service District
(SSD) for the Old Donation Neighborhood Dredging project. Ms. Munden is concerned as
there are no canals or boats in the neighborhood. Placing a dredge station in their
neighborhood would not increase the property values.
Robert Westmont, 808 St. Luke Street, Phone: 348-4240, President -Old Donation
Waterway Association
Lynn Hume, 2036 Hackberry Road, Phone: 481-3064, expressed concerns with the SSD
program for the entire neighborhood. In the City Council Policy, dated May 10, 2011, there
was no mention of a material dredged transfer facility. There are approximately 1500
citizens signed in opposition to this Maple Street site.
There being no further speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
September 13, 2011
-19-
Item V. H.2.
PUBLIC HEARING ITEM # 61218
Mayor Sessoms DECLARED a PUBLIC HEARING:
EXCESS CITYPROPERTY
708 Victor Road
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
September 13, 2011
-20-
Item V.H.3.a.
PUBLIC HEARING ITEM # 61219
"Mayor Sessoms called for the Bid Opening:
Lease of City property: Unimproved property located near the Intersection of Laskin
Road and Republic Road
"Pursuant to Virginia Code Section I5.2-2102, the Chair will now summarize the bids
that have been received for use of the property as additional parking for the adjacent
parcel.
One bid has been received, as follows:
Republic Station, LLC has bid:
Term : 40 years
Renovations and Development: Lessee will develop the adjacent property in
to a Whole Foods Market and use this parcel for additional parking.
Rent: $1.00 per year
Are there any other persons desiring to submit a bid at this time?
There being no further bids, the bidding is closed
The staff recommends acceptance of this bid "
This bid is hereby referred to the Staff for recommendation. "
Mavor Sessoms DECLARED a PUBLIC HEARING:
LEASES OF CITY-OWNED PROPERTY
Laskin and Republic Roads
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
September 13, 2011
-21-
Item V.H.3.b/c.
PUBLIC HEARING ITEM # 61220
Mayor Sessoms DECLARED a PUBLIC HEARING:
LEASES OF CITY-OWNED PROPERTY
2501 Courthouse Drive
1401 Southern Boulevard
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
September 13, 2011
-22-
Item V.K.
ORDINANCES/RESOLUTIONS ITEM # 61221
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE
MOTION, Items 1 a16/c (Alternate Version), 2a/b, 3a/b, 4, S, 6, 7, 8, 9, 10 and 11 a/b 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., Prescott Sherrod, John E. Uhrin, and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
James L. Wood
Councilman Prescott Sherrod ABSTAINED on Items Zb, 10, 11 a
September 13, 2011
-23-
Item V.K.l.a/b/c
ORDINANCES/RESOLUTIONS ITEM # 61222
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Ordinances to AMEND the City Code:
~2-75 re Merit and Nonmerit Service
~¢2-134 re Type B Grievances
,¢7-59.6 re prohibiting the use of skateboards and similar wheeled devices in
parking garages (Alternate Version -Councilman DeSteph)
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., Prescott Sherrod, John E. Uhrin and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
James L. Wood
September 13, 2011
1 AN ORDINANCE TO AMEND SECTION 2-75
2 OF THE CITY CODE PERTAINING TO
3 NONMERIT AND MERIT SERVICE
4
5 SECTION AMENDED: § 2-75
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9
10 That Section 2-75 of the Code of the City of Virginia Beach, Virginia, is hereby
11 amended and reordained to read as follows:
12
13 Sec. 2-75. -Service divided into nonmerit and merit services; composition of
14 nonmerit service.
15 (a) The service of the city is divided into nonmerit service and merit service.
16 (b) The nonmerit service shall consist of:
17 (1) Members of the city council and all other elected officials or persons appointed
18 to fill vacancies in elective offices.
19 (2) The city manager, tie-e-~ie~-e#-sTaff; e"R~~r~"~"~T^°r nhi°f °n°r"tine
20 deputy city managers, assistants to the city
21 manager and all heads of departments or offices who are appointed by the city
22 manager.
23 (3) Constitutional officers and their employees.
24 (4) All appointees of the city council.
25 (5) Employees of the health department.
26 (6) Employees of the school board.
27 (7) Judges and associate judges of the circuit courts, general district courts and
28 juvenile and domestic relations district courts, and employees of such courts.
29 (8) Employees of the agriculture department compensated by the state.
30 (9) The general registrar and all assistant registrars.
31 (10) Employees of juvenile probation.
32 (11) Members of boards and commissions.
33 (12) Any individual whose relationship with the city arises from or under any
34 express contractual agreement to which such individual is a party or whose position
35 is created by such contract.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this1 3th
day of September _, 2011.
APPROVED A O CONTENT
Hu n esources
APPROVED AS TO LEGAL SUFFICIENCY:
~~ ~ ~ ,
City Att rney's Office
CA12019
R-1"
August 23, 2011
1 AN ORDINANCE TO AMEND SECTION 2-134
2 OF THE CITY CODE PERTAINING TO TYPE
3 B GRIEVANCES
4
5 SECTION AMENDED: § 2-134
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9
10 That Section 2-134 of the Code of the City of Virginia Beach, Virginia, is hereby
11 amended and reordained to read as follows:
12
13 Sec. 2-134. -Same-Type B grievances.
14 (a) The procedure for Type B grievances includes the following steps:
15 (1) Step 1. The grievant shall discuss the grievance with his or her immediate
16 supervisor in person within twenty (20) consecutive calendar days from the date of
17 its occurrence or knowledge of its occurrence. The immediate supervisor must
18 verbally reply to the grievant within ten (10) consecutive calendar days of the date
19 of this discussion.
20 (2) Step 2. If the grievance is not settled in step 1, the grievant may, within ten
21 (10) consecutive calendar days of the immediate supervisor's verbal reply, submit
22 the grievance in writing to the same supervisor e~-a attached to the "~~+eua~e
23~tater~°~-°~-Ten}ed~~--fo~R employee grievance form" available from the
24 department of human resources or any city-owned or leased information bulletin
25 board and on the city Intranet. The immediate supervisor must reply in writing to the
26 grievant e~ and attach the response to the
27 employee grievance form" within ten (10) consecutive calendar days of receipt of
28 the written grievance.
29 (3) Step 3. If the grievance is not settled in step 2, the grievant may appeal the
30 immediate supervisor's decision by forwarding the "~~T^~S~t~ "crT-aT,a
31 "°'''"'°~'~~ ~°'"""' employee grievance form" to the department director within ten (10)
32 consecutive calendar days of the immediate supervisor's response. The
33 department director or his or her designee must meet with the grievant to discuss
34 the grievance with the employee and must reply in writing to the grievant erg and
35 attach the response to the " employee grievance
36 form" within ten (10) consecutive calendar days of the receipt of the written
37 grievance. If the immediate supervisor is the department director, steps 2 and 3 are
38 consolidated into a single step.
39 (4) Step 4.
40 (i) If the grievance is not settled in step 3, the grievant may appeal the
41 decision to the personnel board. The decisions of the personnel board shall be
42 final and binding and shall be consistent with law and written policy. The
43 original "9f;eva~^° c+.,+°m°n+ nr,r~ r°m°rJ~i f°rm employee grievance form," and
44 +~ "gri°~T~ ^'T°mczrrca~fe~-~ ;" all original documents attached to the
45 form must be sent to the d+feste~ department of human resources/employee
46 relations within ten (10) consecutive calendar days of the department director's
47 response. Upon notification of the grievant's intent to appeal, the director of
48 human resources must arrange the time and place of the hearing and notify all
49 affected parties of such time and place within fourteen (14) consecutive
50 calendar days. The personnel board hearing shall be scheduled, if possible,
51 within thirty (30) consecutive calendar days from the end of the
52 aforementioned fourteen-consecutive-day period. Either the grievant or
53 management may petition the circuit court for an order requiring
54 implementation of the decision of the personnel board.
55 (ii) A member of the personnel board shall be disqualified from hearing a
56 grievance if (i) he or she has direct involvement with the grievance being
57 heard or with the complaint or dispute giving rise to the grievance; (ii) he or
58 she is in a direct line of supervision of the grievant or is one of the following
59 relatives of a participant in the grievance process or of a participant's spouse:
60 spouse, parent, child, descendants of a child, sibling, niece, nephew or first
61 cousin; or, (iii) he or she is an attorney having direct involvement with the
62 subject matter of the grievance, or is a partner, associate, employee or co-
63 employee of such an attorney.
64 (b) With the exception of step 3, the only persons who may normally be present in the
65 management steps of the procedure are the grievant, the appropriate management
66 representative at the level of which the grievance is being heard, and appropriate
67 witnesses for each side. Witnesses shall only be present while actually providing
68 testimony. At step 3, the grievant, at his or her option, may have a representative of his
69 or her choice. If the grievant is represented by legal counsel, the city may also be
70 represented by legal counsel.
71 (c) The time frames set forth herein may be extended by mutual agreement of the city
72 and the grievant.
73 (d) For purposes of this section, "immediate supervisor" shall mean the person who
74 was responsible for providing immediate supervision to the employee at the time the
75 discipline or other action being grieved was imposed.
76 (e) If, at any step of the grievance procedure, a reduction in the level of discipline
77 originally imposed is offered to, but rejected by, the grievant, the grievance shall
78 proceed to the next step of the procedure with the original level of discipline in place.
79 Any offer to reduce the discipline or otherwise reach a resolution shall not be
80 considered at the next step of appeal.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 13tH
day of September, 2011.
APPROVED AS TO LEGAL SUFFICIENCY:
APPROVED AS TO CONTENT:
1
/ld ~~~..
HU n R sources City Att ney's Office
CA12020
R-3
August 31, 2011
1 REQUESTED BY COUNCILMEMBER DeSTEPH
2
3 ALTERNATE VERSION
4
5 AN ORDINANCE TO ADD SECTION 7-59.6
6 OF THE CITY CODE PERTAINING TO
7 RIDING WHEELED DEVICES IN CITY
8 OWNED PARKING GARAGES
9
10 SECTION ADD: § 7-59.6
11
12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
13 BEACH, VIRGINIA:
14
15 That Section 7-59.6 of the Code of the City of Virginia Beach, Virginia, is hereby
16 added to read as follows:
17
18 Sec. 7-59.6. -Regulations pertaining to riding wheeled devices in City owned
19 parking garages.
20 (a) Except as provided in Section 7-59.5, it shall be unlawful for any person to ride
21 in any parking garage owned by the City or a political subdivision, an all-terrain vehicle,
22 bicycle electrical personal assistive mobility device, electric power-assisted bicycle,
23 motor-driven cycle motorized skateboard, motorized scooter, moped, roller blades,
24 roller skates scooters or skateboards, or apedal-powered vehicle that is muscle-
25 powered or any other muscle-powered device.
26 (b) A violation of this Section shall be punished by a civil penalty of not more than
27 fifty dollars ($50.00).
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 13th
day of September , 2011.
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Offic
CA12025
R-A3
September 13, 2011
-24-
Item V K.2. a.
ORDINANCES/RESOLUTIONS ITEM # 61223
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Ordinance re the Old Donation Creek Area Dredging Special Service District
(SSD)
a. AMEND and REORDAIN the City Code by ADDING Chapter 35.3
"Neighborhood Dredging Special Service Districts " (SSD) re Old
Donation Creek Area
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., Prescott Sherrod, John E. Uhrin and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent.•
James L. Wood
September 13, 2011
1 AN ORDINANCE TO AMEND AND REORDAIN THE CODE
2 OF THE CITY OF VIRGINIA BEACH, VIRGINIA, BY
3 ADDING THERETO CHAPTER 35.3, "NEIGHBORHOOD
4 DREDGING SPECIAL SERVICE DISTRICTS," TO CREATE
5 THE OLD DONATION CREEK AREA DREDGING SPECIAL
6 SERVICE DISTRICT AND TO LEVY ADDITIONAL TAXES
7 ON REAL PROPERTY WITHIN THE OLD DONATION
8 CREEK AREA DREDGING SPECIAL SERVICE DISTRICT
9
10 SECTIONS ADDED: 35.3-1; 35.3-2; 35.3-3; 35.3-4; 35.3-5;
11 35.3-6; 35.3-7
12
13 WHEREAS, The City of Virginia Beach has procured signed petitions from at
14 least 80% of the residents of the Old Donation Creek Dredging Area waterfront property
15 owners; and
16
17 WHEREAS, the petitions provide the signers commit to the imposition of special
18 service district ("SSD") taxes and other contributions as set forth in further detail herein;
19 and
20
21 WHEREAS, the Old Donation Creek Area Dredging Project ("Project") includes
22 three (3) cycles of dredging; and
23
24 WHEREAS, the SSD taxes will begin Oct. 1, 2011, for a partial year (FY2011-12),
25 the first dredging is planned for FY 2013-14, the second is planned for FY 2019-20, and
26 the third is planned for FY 2026-27; and
27
28 WHEREAS, the Project is a partnership addressing related dredging activities:
29 the community channel dredging, which is supported by City contributions to the Special
30 Service District; the neighborhood channel dredging, which is supported by the levy of
31 Special Service District taxes; and the access channels, which are supported by
32 individual contributions to the Special Service District; and
33
34 WHEREAS, the rate established by this Ordinance is based on the FY 2011-12
35 real estate assessed value of the subject properties; and
36
37 WHEREAS, City staff will re-calculate the estimated Project costs at a minimum
38 of every four (4) years; and
39
40 WHEREAS, the City Council of the City of Virginia Beach believes that
41 undertaking the Project is in the best interest of the public and is a reasonable exercise
42 of the City's authority to promote general welfare, including commerce and industry of
43 the City and the inhabitants thereof.
44
45 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
46 VIRGINIA BEACH, VIRGINIA:
47
48 1. That the Code of the City of Virginia Beach, Virginia, is hereby amended and
1
49 reordained by adding thereto a new Chapter 35-3 to read as follows:
50
51
52 CHAPTER 35.3
53 NEIGHBORHOOD DREDGING SPECIAL SERVICE DISTRICTS
54
55 Section 35.3-1. Creation of Neiqhborhood Dredginq Special Service Districts.
56
57 This chapter shall provide for the establishment of Neiqhborhood Dredginq
58 Special Service Districts hereinafter "Neiqhborhood Dredginq SSD" or "Service
59 District "pursuant to the authority contained in the Code of Virginia, section 15.2.2400,
60 et seq.
61
62 Section 35.3-2. Facilities and services to be provided within Neiqhborhood
63 Dredginq Special Service Districts.
64
65 Each Neiqhborhood Dredginq SSD is created for the purpose of providing
66 financing for any dredginq of creeks and rivers to maintain existing uses within the
67 Service District. Toward that end, there shall be provided within the Service District
68 financing for all expenses for those facilities and services necessary or desirable to
69 accomplish the purpose of the Service District, including, without limitation,
70 administrative engineering, legal, permitting, and any other professional services,
71 dredginq, grading and hauling facilities and equipment and such other equipment,
72 mitigation costs, if any, and facilities, including real property acquisition, as may, from
73 time to time, be needed to accomplish the purpose of the service districts.
74
75 Section 35.3-3. Proposed plan for providing funding for facilities and services
76 within the Neiqhborhood Dredginq Special Service Districts.
77
78 a. Each Neighborhood Dredginq SSD project shall have three types or levels of
79 dredginq: city spur channel dredginq; neighborhood channel dredging; and
80 property access channel dredginq_
81 b. The city spur channel dredginq is supported by City funds.
82 c. The neighborhood channel dredginq is supported by revenue generated by
83 the Service District taxes as provided herein.
84 d. The property access channel dredginq is supported by individual contributions
85 paid from Service District property owners for purposes of funding those
86 services set forth in section 35.3-2.
87
88 Section 35.3-4. Benefits expected to be realized from the provision of facilities
89 and services within the Neiqhborhood Dredginq Special Service Districts.
90
91 Through the provision of the facilities and services described in section 35.3-2,
92 an attempt will be made to dredge certain creeks and rivers to maintain existing uses.
93 The facilities and services to be provided are expected to benefit owners of property
94 within the service districts, as well as residents and visitors, through preservation and
95 enlargement of the navigable waters of the city, enhance and improve storm water
96 capacity and water quality, protect and maintain public recreation areas and public
97 infrastructure and thereby protecting life property and property values within the
98 special service districts.
99
100 Section 35.3-5. Levy of additional taxes to pay, either in whole or part, the
101 expenses and charges for providing additional services with the Neighborhood
102 Dredginq Special Service Districts.
103
104 Pursuant to the authority contained in Code of Virginia, section 15.2-2403(6),
105 within each Neighborhood Dredginq SSD the city council may levy and provide for the
106 collection of additional taxes to fund the city's obligations to pay, either in whole or part,
107 the expenses and charges for providing and maintaining facilities and services within
108 the Service Districts Such additional taxes may include an annual tax upon any
109 property in the service district which is subject to local taxation.
110
111 Section 35.3-6. Limitation on purposes for which additional taxes levied and
112 collected within the Neighborhood Dredginq Special Service Districts may be
113 used.
114
115 All taxes levied and collected and any property access channel contribution,
116 pursuant to this chapter within a Neighborhood Dredginq SSD shall only be used to pay,
117 either in whole or part the expenses and charges forproviding and maintaining facilities
118 and services within the Service District. No additional tax shall be levied for or used to
119 day for schools police or general government services not authorized by Code of
120 Virginia section 15.2-2403. The proceeds from all such additional taxes as may be
121 levied and collected shall be a special fund and shall be so segregated as to enable the
122 same to be expended within the service districts. Any property access channel
123 contribution shall be separately accounted within the Service District Fund or Capital
124 Improvement Program, whichever applies.
125
126 Section 35.3-7. Creation of the Old Donation Creek Area Dredginq Special
127 Services District.
128
129 a. There is hereby created the Old Donation Creek Area Dredginq Special Service
130 District for the purposes set forth in this chapter and those set forth in Code of
131 Virginia, section 15.2-2403.
132 b. The boundaries of the Old Donation Creek Area Dredginq Special Service
133 District shall be described in detail by the map attached to this ordinance.
134 c. The Old Donation Creek Area Dredginq Special Service District shall dissolve on
135 July 1, 2028, if not sooner.
136
137 2. There shall be levied and collected for the portion of fiscal year 2012, prorated
138 from the effective date of this ordinance to the close of the fiscal year, taxes for the
139 special purpose of providing neighborhood dredging on all real estate within and
140 pursuant to the Old Donation Creek Area Dredging Special Service District at the rate of
141 18.4 cents ($0.184) on each on hundred dollars ($100) of assessed value thereof. This
142 real estate tax rate shall be in addition to the real estate tax rate set forth by the General
143 Real Estate Tax Levy adopted by City Council on the 10t" of May, 2011. This tax rate
144 shall apply to any properties subject to ad valorem taxes including those properties
3
145 enrolled in the Exemption, Deferral or Freeze for Elderly and Disabled Persons, City
146 Code §§ 35-61, et seq. As set forth in Code of Virginia, section 15.2-2403(6), written
147 consent is required to apply this tax rate to the full assessed value of properties subject
148 to special use value assessment. The real estate tax rate imposed herein shall be
149 applied on the basis of one hundred percentum (100%) of the fair market value of such
150 real property except for public service real property, which shall be on the basis as
151 provided in Section 58.1-2604 of the Code of Virginia.
152
153 3. The City Manager or designee is hereby authorized to enter into contracts and to
154 perform other actions consistent with this ordinance.
155
156 4. The effective date of this ordinance is October 1, 2011.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 3th day of
September2011.
APPROVED AS TO CONTENT:
v=off
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
~ ~~ ~~
City Attorney's Office
APPROVED AS TO CONTENT:
~~
R-5
CA-12005
September 1, 2011
r
T
0
N
O
O
_.~ENj ~~
'~~=
~ ,
~s
~~~
Qo~`
~~5
~~~
F
~.
C 5 ~ ~_ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 5 ~ ~ F-- H H ~ Z Z Z Z Z Z Z Z Z
p p p U U U U U U U p p p p p p U U U U p J J J J J J J J J
N
d
L
~
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Y
Y
Y
Y
Y
Y
Y
Y
Y
~ N N N N N N N N N N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ U U U U U U U U U
a W W W W W W W W W W ~ ~ ~ ~. ~ ~. K ~ ~. ~ ~.
~
~
~
~
~
~
~
3
~
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ a a a a a a a a a a a
a a ~ a a a a a a a C
C c
C C
C C
C C
G C
C C
G C
G C
L C
G C
G N
W N
W N
W N
W N
W N
W N
W N
W N
W
~ ~ ~ ~ N ~ ~ N N
(
/I V
I N N l
/I N N N N N N N /1
( N N (
/I V
I N U U U U U U U U U
N A M e-1 O O O O O O~ O~ N~~ 0 0 0 0~ 0 0 ~--i e-I N N N M M
~~^ M M M M M M M~~ M M N N M M M M~ a-i a-i e-1 ~--~ ei r-I ~"~ r'1 ~"~
00 00 00 ~ d' ~ ~ ct ~ ~ W N W 00 00 W ~ ~ Ct ~ ~ V ~ ~ C ~ ~ ~ ~ ~
O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O
O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O
O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O
O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O
N 1~ O O ri M W ~ 00 lD N N ~ O Ol lD .-i 00 ~"~ M 00 Ol l0 O lD N N I~ n M
Z N M V1 n O N Cf ~--~ ~ M O N N lD l0 ~--~ M 1~ O ~--~ N n V1 I~ ~ 00 N ~ C N
00 00 Ol 00 Ol O Ql 00 lD l0 N cr M N rl O O 00 n N N Ol O a-I a--I N M M to l0
d N M ~ V1 l0 LO 00 Ql Ol I~ Ql 00 Ol O 00 00 Ql O O 00 00 O r-I N M M ~ N lf1 lD
C7 M M M M M ~ M M M M cry M M M M fY1 M N N N N ri N N N N N N N N
00 00 00 00 00 00 00 00 00 00 00 00 00 Ol 00 00 00 01 Ql 00 00 Ql Q1 Ol Ql Ol Ol Ol Ol Ol
00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 OO 00
N n n n n N N n n n N ~ ~~ n n n N n n n n n n ~ N n n n n
~ C ~ ~ d' ~ ~ t7 ~ ~ ch ~ ~ ~t ~ ~ ~ ~ ~ ~ C ~ ~ et ~ ~ d' C ~ ~
r-1 r-1 r-I e-I r-I e-I a-i a--I r-1 ~-1 a-i a--I a-i r-I r-I r-I a--I r-I r-I e-1 a--1 r-1 e-1 a--I a--I ei a--I a--I r-I e-i
.~
L
0
0
^0
i
0
~1
.~
Z
Y
L
U
0
a
0
0
O
i
i.+
CJ
fl.
a
J J J J J J J J J J J J J
'
O.' d' 1' ~' OC ~' S OC O' d' d' OC d Z Z Z H H H ~ F"
E- ~ ~ ~ ~- ~ ~ ~ f- H H H U U U U U U H J J J N N U U U p p p p
H
Z
O W W W
N N N N N N N N N N N N a a. a a a o. a H
a H
a F-
a
~ p p p p p p p p p p p p 0 0 0 0 0 0 0 N N N N N N N N N
{
/1 Z Z Z Z Z Z Z Z Z Z Z Z 2 S = _ _ = Z J J J W W W W W W W W W
W W w w w W w w w W w w U U U U U U w w W Y Y
L 1' ~ d' 1' ~ OC ~ 1' Q' _
~ _
~ _
~' W W W W W W Y W W W J J Q Q Q Q Q Q Q
.a
~ LL W LL LL LL W LL LL LL LL W LL W W W W W W U
~ = _ _
O
Q J J J J J J J
Q J
Q J
Q J
Q J
Q J
Q ~ ~
E ~
~ ~
~ ~
H ~
~-
p
~
~
~ ~-
N ~ ~
N N ~
N ~
N ~
N ~ ~
N N ~
N
Q Q Q Q Q Q ~ -
N <-I I~ M Ql N e-1 I~ M Ol N .--~ M Ol .--~ O CF N O l0 C1' N O N 01 V e-I N 01 I~
O O O O O O
M M M M M M M M M M M M O O O O O O O O O ~ ~ ~ ~~ ~
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
O N ~ I~ ~ O l0 M O V1 O 00 O M O 00 N O N lD rl ey ~ I~ Ol Q1 00 'e°{ N 01 lD
Z 01 N N ~ N I~ W O O N 00 O I~ ~ d' M 01 S O W 00 W O Q1 01 01 ~ m Q1 O N
lD lD I~ n W Q1 01 O rl ri N M M a-i O 00 01 ~--~ O 00 I~ N M N M ~ N N l0 lD I~
d e-I M ~ ll1 lD I~ 00 O ~--~ N M ~ M M M d ~!1 l0 00 00 l0 l0 M M d' t11 I~ 00 00 O ~--~
C7 m m m m c» m m v v ~ v ~ ~ v ~ m m ~ ~ c» c» m m m m m m m m r» m
~ ~ ~ n ~ ~ ~ 00 00 00 00 0o rn rn rn rn rn rn rn rn rn rn ~ ~ ~ ~ ~ ~ ~ o0 00
00 00 00 0o ap ao 00 00 00 00 00 00 00 00 0o ao ao 00 00 00 0o ao 00 00 00 0o ao 00 00 00 00
r ~ ~ n n n n n ~ n n n n n ~ n n n r n n n n n ~ n n r n n n
~ ~ C ct ~ ~ ~ ~ c* V v v ~ ~ ~ V ~ ~ ~ ct C ~ ~ ~ ~ ~ d' v ~ ~ ~
~~~ ~~
~~~ ~-~~~ Clt Council Polk
~`6~~M~~ ..Y~e~ y Y
7r. .: -a'ft'
kti
Title: Neighborhood Dredging Program Index Number:
Date of Adoption: 5/10/2011 Date of Revision: Page: 1 of 2
1.0 Purpose and Need
For well over a decade, the difficulty in removing sediment of the navigation channels within the City's various
bays and river basins has negatively impacted the waterfront homeowners' ability to optimize use of their
properties. In addition, water quality and habitat have been severely impacted due to the siltation of the
bottomland of those bays and rivers.
The purpose of this policy is to establish a neighborhood dredging program that would be funded by a partnership
between the City and neighborhood residents to ensure that the Lynnhaven River, Rudee Inlet, the Elizabeth River,
Broad Bay, and Linkhorn Bay navigation channels are adequately dredged.
2.0 Policv
It is the policy of the City Council that whenever practicable the navigation channels within the Lynnhaven River
basin, the Rudee Inlet basin, the Elizabeth River basin, Broad Bay, and Linkhorn Bay will be maintained in navigable
condition through a partnership between the City and homeowners whose properties are contingent to the
waterways.
3.0 Procedure to Accomplish Policv
3.1 City Council will establish neighborhood dredging Special Service Districts (SSD) as they are requested by
those neighborhoods adjoining the Lynnhaven River, Rudee Inlet, the Elizabeth River, Broad Bay, and
Linkhorn Bay. The neighborhood participation percentage will be a minimum of 80% of properties
adjacent to the waterways before establishing an SSD.
3.2 The total period for each SSD will be 16 years. Individual SSD tax rates will be computed based on the cost
of dredging the neighborhood channels.
3.3 The City will be responsible for the main channels and spur channels off a main channel, the
neighborhoods will be responsible for those channels that serve a collective neighborhood, and property
owners will be responsible for private (individual) channels and dock basins that serve individual
properties.
3.4 The City's portion of the cost of dredging the channels will be paid for through the General Fund. The
neighborhood dredging project will require initial City funding, but over the 16-year dredging period the
SSD will pay for the entire cost of the neighborhood dredging except private channels and dock basins and
will reimburse the City for any upfront costs.
4.0 Responsibility and Authority
4.1 For each neighborhood dredging project, the Department of Public Works is responsible for identifying
Fiscal Year 2011-12 10 - 31 Budget Ordinances
those channels that are the City's responsibility, providing the Department of Management Services with
the information needed to determine the City's cost of providing dredging service to those channels, and
working with the respective neighborhoods to accomplish the necessary dredging.
4.2 The Department of Management Services will provide analysis to determine the cost to the City for each
neighborhood dredging project and how that cost will be funded, prepare the necessary documents
requesting City Council approval of the project and establishment of the associated SSD, and following
City Council approval will ensure that the funds representing the City's portion of the cost of the project
will be appropriated in a special reserve.
4.3 Any funding for this policy shall be subject to annual appropriation and/or Council authorized issuance of
debt.
5.0 Definitions
Main Channels: The primary channels connecting directly to the Lynnhaven River basin, the Rudee Inlet basin, the
Elizabeth River basin, Broad Bay, and Linkhorn Bay.
Navigation Channel: For purposes of this policy, a channel in the Lynnhaven River basin, the Rudee Inlet basin, the
Elizabeth River basin, Broad Bay, and Linkhorn Bay that is deep enough to enable boats to pass through.
Neighborhood Channel: A system of channels within an estuary to a main channel that serves as a collective access
channel for one neighborhood.
Private (Individual) Channel: An access channel leading from private property and improvements to a
neighborhood channel.
Special Service District: A defined geographical area of the City where special services are rendered and the costs
of those special services are paid from revenues collected from service charges imposed within that area as
authorized by §§15.2-2400, et seq. of the Code of Virginia.
Spur Channel: That portion of a navigation channel leading from a main channel to a neighborhood channel
system that is adopted as a designated City channel, which may serve more than one neighborhood.
Approved as to Content:
Director of Management Services Date
Approved as to Legal
Sufficiency:
City Attorney Date
Approved:
Deputy City Manager Date
Approved:
City Manager Date
Approved:
Mayor Date
Fiscal Year 2011-12 11- 32 Budget Ordinances
-25-
Item V.K.2.b.
ORDINANCES/RESOLUTIONS ITEM # 61223 (b)
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City r'ouncil ADOPTED, AS
AMENDED, BY CONSENT:
Ordinance re the Old Donation Creek Area Dredging Special Service District
(SSD):
b. CREATE the "Old Donation Creek Area Dredging" Project;
APPROPRIATE estimated real estate revenue; TRANSFER funds;
and, provide direction re dredged materials
Voting: 9-0 (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 and Rosemary Wilson
Council Members Voting Nay.•
None
Council Members Abstaining:
Prescott Sherrod
Council Members Absent.•
James L. Wood
September 13, 2011
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
AN ORDINANCE TO CREATE CAPITAL PROJECT #8-500,
"OLD DONATION CREEK AREA DREDGING," TO
ESTIMATE REAL ESTATE REVENUES, TO TRANSFER
FUNDS TO CIP #8-500, AND TO PROVIDE DIRECTION
REGARDING DREDGED MATERIAL
WHEREAS, by separate ordinance the City Council established the Old Donation
Creek Area Special Service District;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, THAT:
1. Capital Improvement Project # 8-500, "Old Donation Creek Area Dredging" is
hereby created in the FY 2011-12 Capital Improvement Program;
2. $51,489 is hereby appropriated, with estimated real estate revenues increased
accordingly, to the Old Donation Creek Area Dredging Special Service District
Fund and transferred to Capital Project # 8-500;
3. $308,007 is hereby transferred from the FY 2011-12 General Fund Reserve for
Contingencies to Capital Project # 8-500, to begin engineering and design work
required by the Project; and
Adopted by the Council of the City of Virginia Beach, Virginia, on the ~_ day of
Requires an affirmative vote by a majority of all of the elected members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO CONTENT:
.~
~.
Management Services ~t.~t.
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
R-4
CA 12024
September 6, 2011
-26-
Item V.K.3.a/b.
ORDINANCES/RESOLUTIONS ITEM # 61224
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, AS AMENDED:
Ordinances re Whole Foods Market Group, Inc. (retail market):
a. Declare the former City owned pump station site at 708 Victor Road as
EXCESS and AUTHORIZE the City Manager to convey same to Republic
Station, LLC
b. AUTHORIZE the City Manager to execute a long term lease of said
property at Laskin and Republic Roads
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., Prescott Sherrod, John E. Uhrin, and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent.•
James L. Wood
September 13, 2011
1 AN ORDINANCE DECLARING THE FORMER
2 PUMP STATION SITE AT 708 VICTOR ROAD IN
3 EXCESS OF THE CITY'S NEEDS AND
4 AUTHORIZING THE CITY MANAGER TO CONVEY
5 SAME TO REPUBLIC STATION, LLC
6
~ WHEREAS, the City of Virginia Beach (the "City") acquired ownership by deed of
8 a certain parcel of real property containing 3,267 sq. ft. (.075 acre) located at 708 Victor
9 Road (GPIN 2407-58-9592) (the "Property") for use as a pump station site;
to
11 WHEREAS, use of the Property for a pump station site has been discontinued,
12 and a replacement pump station has been constructed across the street;
13
14 WHEREAS, Republic Station, LLC desires to acquire the Property in conjunction
15 with its redevelopment of the adjoining parcel located at 1800 Laskin Road;
16
17 WHEREAS, the City is no longer utilizing the Property for any purpose, and the
is City has no future need for the Property; and
19
20 WHEREAS, the City Council is of the opinion that the Property is in excess of the
21 City's needs and should be conveyed to Republic Station, LLC, for incorporation into the
22 adjoining parcel.
23
24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
25 VIRGINIA BEACH, VIRGINIA:
26
2 ~ 1. That the Property is hereby declared to be in excess of the needs of the
28 City of Virginia Beach.
29
3 0 2. That the City Manager is hereby authorized to execute the documents
31 necessary to convey the Property to Republic Station, LLC, in accordance with the
32 Summary of Terms attached hereto as Exhibit A, and made a part hereof, and such
33 other terms and conditions deemed necessary and sufficient by the City Manager and in
34 a form deemed satisfactory by the City Attorney.
35
36 Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day
37 of _~„tPmhQr , 2011.
38
39 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-
4 o FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL.
APPROVED AS TO CONTENT:
Depa ment of Public Works
CA11941
\\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D027\P008\00021666.DOC
R-1
September 2, 2011
APPROVED AS TO LEGAL
SUFFICIENCY:
~J~~-~~ `~ ~~
City Attorney's Office
EXHIBIT A
SUMMARY OF TERMS
DISPOSITION OF EXCESS PROPERTY
(PUMP STATION SITE - 708 VICTOR ROAD)
GRANTOR/OWNER: City of Virginia Beach ("City")
GRANTEE: Republic Station, LLC ("Grantee")
PROPERTY: City-owned former pump station site located at 708 Victor Road,
3,267 sq. ft. / .075 acre (GPIN 2407-58-9592)
LEGAL DESCRIPTION:
All that certain lot, tract or parcel of land situate in the Borough of
Lynnhaven, City of Virginia Beach, State of Virginia, as shown and
designated as Parcel B-1, 3.397 sq. ft. 0.078 ac. upon a certain plat
entitled "Survey of property for the City of Virginia Beach, Virginia,
Lynnhaven Borough, Virginia Beach, Virginia, Scale: 1"=30', March
6, 1964, Frank D. Tarrall, Jr. & Associates, Surveyors & Engineers,
Virginia Beach, Virginia."
SALE PRICE: $0.00.
ADDITIONAL CONDITIONS OF CONVEYANCE:
• The Property shall be resubdivided at the Grantee's expense in order to eliminate
interior lot lines.
• The Grantee shall submit a site plan for review and approval by the Planning
Department prior to any construction.
• The Grantee shall provide a physical survey at its expense.
• City's conveyance of the Property to Grantee will be conditioned upon use of the
Property for development and use as a Whole Foods Market. Should Grantee fail to
develop the Property for such use, or should such Property cease to be used for a
Whole Foods Market, City will have right to reacquire the Property at no cost, at
City's sole option.
a
Q
z
0
a
V
J
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO EXECUTE A 40-YEAR LEASE
3 WITH REPUBLIC STATION, LLC FOR CITY-
4 OWNED PROPERTY LOCATED NEAR THE
5 INTERSECTION OF LASKIN ROAD AND
6 REPUBLIC ROAD
7
8 WHEREAS, the City of Virginia Beach (the "City") owns a 0.197 acre unimproved
9 parcel of land located near the intersection of Laskin Road and Republic Road (the
10 "Property");
11
12 WHEREAS, Republic Station, LLC (the "Developer") is developing the adjacent
13 property for use by Whole Foods Market Group, Inc. ("Whole Foods"), and desires to
14 lease the Premises and incorporate it into the Whole Foods parking area;
15
16 WHEREAS, use of this Property will enable the Developer to build the number of
17 parking spaces necessary to accommodate the size of the building planned by Whole
18 Foods;
19
20 WHEREAS, the City and the Developer desire to enter into a lease agreement
21 for use of the Premises for a term of forty (40) years; and
22
23 WHEREAS, the Property will be utilized as a parking area for customers of
24 Whole Foods, and for no other purpose.
25
26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
27 VIRGINIA BEACH, VIRGINIA:
28
29 That the City Manager is hereby authorized to execute a lease for a term of forty
30 (40) years between Republic Station, LLC and the City of Virginia Beach, in accordance
31 with the Summary of Terms attached hereto as Exhibit A, and made a part hereof, and
32 such other terms and conditions deemed necessary and sufficient by the City Manager
33 and in a form deemed satisfactory by the City Attorney.
34
35 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 ~t-h day
36 of _September , 2011.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
~,~/ ~ SUFFICIENC
Public Work Facilities anagement City Attorney
CA 11943
\lvbgov, comldfs 1 \applirationslcitylawprodlcycom32\wpdocs\d004\p010100018373. doc
R-1
September 2, 2011
EXHIBIT A
SUMMARY OF TERMS
LEASE OF CITY-OWNED PROPERTY LOCATED NEAR THE INTERSECTION
OF LASKIN ROAD AND REPUBLIC ROAD
LESSOR: City of Virginia Beach (the "City")
LESSEE: Republic Station, LLC (the "Lessee")
PREMISES: Approximately 0.197 acre of unimproved property located near
the intersection of Laskin Road and Republic Road
TERM: Forty (40) years
RENT: None
RIGHTS AND RESPONSIBILITIES OF LESSEE:
• Use Premises for parking area for a Whole Foods market (to be operated by
Whole Foods Market Group, Inc.), and for no other purpose
• Purchase and maintain public liability insurance acceptable to City in the
amount of $1,000,000 combined single limits
• Repair, replace, restore any damage caused by negligence of Lessee, its
employees, invitees or agents
RIGHTS AND RESPONSIBILITIES OF CITY:
• City reserves the right to grant easements and rights-of-way across or upon
the Premises, for streets, alleys, public highways, drainage, utilities,
telephone transmission lines, pipelines, irrigation canals, and similar
purposes.
TERMINATION:
• City has right to terminate at any time by giving 180 days' advance written
notice.
1lvbgov.com\DFS11ApplicationslCityLawProd\cycom32\W pdocs\D005\P010\00018436. DOC
f ~`o\
Igo
~ ~~~0
~ ~,
^ V
~ 1
o~
^ ~''. 'i
"~ ~~
n~
~~ . 11 ~ ~
~. ' ,'%
7
/~
O ~~~,'
~Q
V
O
~.~%'`
I`
_~ =~~
U ~
Z
m
a ~ p
~ a O
O a o
~ w w
~ J
w ~ O
Q
W O ~
J L.L ~
w J O
m ,~
O J
Q
H Z w
•
J O ~,.~
~
W Q
d' Q
d (n
`o ~ ('~ 1
o ~~
~ .., .. ~~
=-
'1 ~~
h** [
~~iY ~~~~
<~ ~ ~ ~ ~
~ r•
s i
O
\\
c~ Z
~, ~_' ~ ~
~~
~, 2
~~ _ _ o .~
~~o
~ ~ ~ ~ ~,
i
Z ~;m. ,
`..,~
~~'
~J
Y ,_;
Z , ,~
r ~'+'
N~
`>
\ G
~"`~~~-
n
-27-
Item V.K.4.
ORDINANCES/RESOLUTIONS ITEM # 61225
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, AS
AMENDED, BY CONSENT:
Ordinance to AUTHORIZE the City Manager to EXECUTE a lease
with E. V. Williams, Inc. at 1401 Southern Boulevard
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., Prescott Sherrod, John E. Uhrin,
Rosemary Wilson
Council Members Voting Nay:
None
Cozrncil Members Absent:
James L. Wood
September 13, 2011
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE A 1-YEAR LEASE
WITH FOUR 1-YEAR RENEWALS WITH E.V.
WILLIAMS, INC. FOR CITY-OWNED PROPERTY
LOCATED AT 1401 SOUTHERN BOULEVARD
WHEREAS, the City of Virginia Beach (the "City") owns property located at 1401
Southern Boulevard (GPIN: 2417-24-1080) (the "Premises");
WHEREAS, the City and E.V. Williams, Inc. ("Williams") desire to enter into a
lease agreement for use of the Premises;
WHEREAS, Williams has agreed to pay the City an annual lease amount at
market rates, for a term of one (1) year with four (4) renewal terms of one (1) year each,
at the City's option; and
WHEREAS, the Premises will be utilized for the operation of a construction
materials and debris recycling facility, and for no other purpose.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to execute a lease for a term of one
(1) year with four (1) year renewals between E.V. Williams, Inc. and the City of Virginia
Beach, in accordance with the Summary of Terms attached hereto as Exhibit A, and
made a part hereof, and such other terms and conditions deemed necessary and
sufficient by the City Manager and in a form deemed satisfactory to the City Attorney.
Adopted by the Council of the City of Virginia Beach, Virginia, on the ~_ day of
s.P~~re~ , 2011.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
i2~z~'
Public Wo s / Faciliti Management
CA11947
\\vbgov.com\dfsl \applications\citylawprod\cycom32\wpdocs\d004\p010\00018373.doc
R-1
September 2, 2011
City Attorney
EXHIBIT A
SUMMARY OF TERMS
LEASE FOR CITY-OWNED PROPERTY LOCATED AT 1401 SOUTHERN
BOULEVARD
LESSOR: City of Virginia Beach (the "City")
LESSEE: E.V. Williams, Inc.
PREMISES: 1401 Southern Boulevard
Approximately 9.75 acres (GPIN: 2417-24-1080)
TERM: 1-Year Lease with Four 1-Year Renewals
RENT: $10,100 per month ($121,200 per year) for the first two (2)
years; 3% escalation each year thereafter
RIGHTS AND RESPONSIBILITIES OF LESSEE:
• Use Premises for operation of a construction materials and debris recycling
facility, and for no other purpose
• Maintain and secure Premises with barriers and gates, install security
cameras, and install a dust allayment system
• Maintain commercial general liability insurance in a minimum amount of
$1,000,000
RIGHTS AND RESPONSIBILITIES OF CITY:
• Reserve the right to grant easements and rights-of-way across or upon the
Premises for streets, alleys, public highways, drainage utilities, telephone and
telegraph transmission lines, pipelines, irrigation canals and similar purposes
• Renewal terms are at the City's option
TERMINATION:
• City may terminate the Lease for any reason by giving 180 days' advance
written notice
a
a
Z
O
a
V
J
i
i
i
2ss ~•-~
i ~
i
i
~ .\ O
~
~
\ f-
- 2ss ~
~ U
\ Q Z
J N
W c
c
L
m Q
O ~
J
~
~
/ a ;
I w
i ~
a
1
i
~ ~ ` .. ,;
~i
m
.\
r1 _ ~_ ~ , ~ -~~
• ~
,__~ '
m ,-~
K w ~
0'>
o ~\
v
~ i .. ~ '~
~\
~ ~ :\
.\
~ ~~ ,\
. -,
/ •~_-_
/•-
..-
i'
/.
1
.`
.`
.\
,~~
.\ -\
.\
.\
.\
.\
-28-
Item V.K.S.
ORDINANCES/RESOLUTIONS ITEM # 61226
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Ordinance to AUTHORIZE the City Manager to EXECUTE a lease
with Beach Municipal Federal Credit Union at 2501 Courthouse Drive,
Building 4
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., Prescott Sherrod, John E. Uhrin, and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
James L. Wood
September 13, 2011
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE A 5-YEAR LEASE
WITH BEACH MUNICIPAL FEDERAL CREDIT
UNION FOR CITY-OWNED PROPERTY KNOWN
AS MUNICIPAL CENTER, BUILDING 4
WHEREAS, the City of Virginia Beach (the "City") is the owner of property
located at 2501 Courthouse Drive (GPIN: 1494-72-7378-0001) (the "Premises");
WHEREAS, Beach Municipal Federal Credit Union (the "Credit Union") has
leased the Premises from the City for the past 25 years;
WHEREAS, the City and the Credit Union desire to enter into a new lease
agreement for use of the Premises for a term of five (5) years; and
WHEREAS, the Premises will be utilized for the operation of the Credit Union,
and for no other purpose.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to execute a lease for a term of five
(5) years between Beach Municipal Federal Credit Union and the City of Virginia Beach,
in accordance with the Summary of Terms attached hereto as Exhibit A, and made a
part hereof, and such other terms and conditions deemed necessary and sufficient by
the City Manager and in a form deemed satisfactory by the City Attorney.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 nth day
of September , 2011.
APPROVED AS TO CONTENT:
,~~~~
Public Works Facilities Management
APPROVED AS TO LEGAL
SUFFICIENCY:
~~
City Attorney
CA11717
\\vbgov.com\dfs 1 \applications\citylawprod\cycom32\wpdocs\d004\p010\00018373.doc
R-1
August 24, 2011
EXHIBIT A
SUMMARY OF TERMS
LEASE FOR MUNICIPAL CENTER BUILDING #4,
2501 COURTHOUSE DRIVE
LESSOR: City of Virginia Beach (the "City")
LESSEE: Beach Municipal Federal Credit Union ("Credit Union")
PREMISES: 2501 Courthouse Drive (Municipal Center, Building 4)
Approximately 3,079 sq. ft. (GPIN: 1494-72-7378-0001)
TERM: Five (5) years
RENT: $3,720 per month ($44,645 per year) for the first year; 3%
escalation each year thereafter.
RIGHTS AND RESPONSIBILITIES OF LESSEE:
• Use leased space for operation of the Credit Union and for no other purpose
• Purchase and maintain public liability insurance acceptable to City in the
amount of $1,000,000 combined single limits
• Repair, replace, restore any damage caused by negligence of Lessee, its
employees, invitees or agents
RIGHTS AND RESPONSIBILITIES OF CITY:
• Maintain common area and structural elements of the Premises
• Provide water, sewer, electric, heating and air conditioning during normal
business hours
• Furnish janitorial services and supplies
TERMINATION:
• City has special right to terminate if necessary for any public purpose by
.giving sixty (60) days' written notice.
\\vbgov.com\DFS1 Wpplications\CityLawProd\cycom32\W pdocs\D005\P010\00018436.DOC
r ~ ~.at t~ ,~ j~ ~~
~` :fir )~ -i i~`"' y a ,,
~ti 4Z ~~CCM~,y Li s~;i i } ti i~~~~f
Aw.,r
.,
,~
~ r
` ~
• :; f :, o
. r
~}
~! ~ ~~o
~~ ~~~
Z ~ ~ _
Q W c Y:/ 1 ~~ ~o
(~ r r
- Q J~ ~"~ rr°f ~l t{F~ ~
M ' f y, j 1{~.,~11~ ~ ! O
m W n ~ ~ ~ ~
,.
~., _,~
~ { r ~`"
-,.
Z NY r'
Z
W Q a f : ~~~`~~
v ~ '..
a ~~, .t
vim'` ,~~~
_ <~` -~.
Z ~~
µ~~~ s
G lip ~~.' ~
Ib .•
I ~
Q t x ~,
G s.#Yr ~ s
Z ,~ {f
r
O f
r
Q '~ ~ '~
V `
0 <• ~>
J r
0
o~
a
r ~ ~'^oo
/, ~~~
• ~ ~~~
~~~
,~ ~, ~~o
r`. ~ U
r` f r N
} - r
~r~ . f `„
/{~
r
~,~;,
-29-
Item V.K.6.
ORDINANCES/RESOLUTIONS ITEM # 61227
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Resolution to AUTHORIZE enlargement of the previous designation of
the 19`" Street Corridor Recovery Zone to include the western Resort
Area to be identified as the Resort Area West Recovery Zone to prevent
any penalty under the tax exempt bond rule
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., Prescott Sherrod, John E. Uhrin, and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent.•
James L. Wood
September 13, 2011
RESOLUTION ENLARGING A PREVIOUS DESIGNATION WITHIN
THE CITY OF VIRGINIA BEACH, VIRGINIA AS A RECOVERY ZONE
PURSUANT TO THE AMERICAN RECOVERY AND REINVESTMENT
ACT OF 2009
The American Recovery, and Reinvestment Act of 2009, Pub. L. No. 115-5, 123
Stat. 115 (2009) (the "Stimulus Act") added sections 1400U-1 through 1400U-3 to the Internal
Revenue Code of 1986, as amended (the "Code"), authorizing state and local governments,
including cities such as the City of Virginia Beach, Virginia (the "City"), to designate "recovery
zones" for the purposes of issuing Recovery Zone Economic Development Bonds and Recovery
Zone Facility Bonds (such bonds are referred to collectively as "Recovery Zone Bonds").
The Internal Revenue Service Notice 2009-50, issued pursuant to the Stimulus
Act, that any state, county or large municipality may make the designations of recovery zones in
any reasonable manner as it shall determine in good faith in its discretion.
On December 8, 2009, the City designated the 19th Street Corridor Area as a
recovery zone. A map of the 19th Street Corridor Area is shown on Exhibit A attached hereto.
The City Council of the City (the "Council") desires to enlarge this previous
designation to further the purposes of the previously designated recovery zone by including an
area that was eligible for initial designation and to allow the City to maximize the benefits of the
Recovery Zone Bonds previously issued by the City.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
Section 1. Findip~s; Designation of Recovery Zone. The purposes of the
designation of the 19th Street Corridor as a recovery zone included the use of Recovery Zone
Bonds on projects aimed at increasing employment opportunities and alleviating economic
distress. The Council hereby finds these same purposes will be furthered by enlarging the
recovery zone to include the western Resort Area as set forth in the attached, Exhibit B. The
recovery zone so designated shall be identified as the Resort Area West Recovery Zone (the
"Recovery Zone").
Section 2. Authorizations. The Council authorizes the City Manager to
make or effect any, election, selection, designation, approval, consent, filing or waiver consistent
with the designation of the Recovery Zone and the expenditure requirements of the Recovery
Zone Bonds. The authorization herein granted to the City Manager may be delegated by the City
Manager in his discretion to one or more officers of the City.
Section 3. Effective Date. This Resolution shall take effect July 1, 2011.
Exhibit A - 19th Street Corridor Recovery Zone Area
Exhibit B -Resort Area West Recovery Zone Area
Adopted by the City Council of the City of Virginia Beach, Virginia, this ~ day of September,
2011.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
Finance Dep ment
City Attorney's Off
-2-
CERTIFICATE
The undersigned Clerk of the City Council of the City of Virginia Beach, Virginia (the
"City Council"), certifies that:
1. A meeting of the City Council was held on September , 2011, at the time and
place established and noticed by the City Council, at which the members of the City Council
were present or absent as noted below. The foregoing Resolution was adopted by a majority of
the members of the City Council, by a roll call vote, the ayes and nays being recorded in the
minutes of the meeting as shown below:
PRESENT/ABSENT: VOTE:
William D. Sessoms, Jr., Mayor
Louis R. Jones, Vice Mayor
Glenn R. Davis
Bill R. DeSteph
Harry E. Diezel
Robert M. Dyer
Barbara M. Henley
Prescott Sherrod
.1ohn E_.. Uhrin
Rosemary Wilson
.lames L. Wood
~ / Aye
X / Aye
~ / Aye
~- ~ Aye
x- Aye
~ /
/ Aye
X / Aye
/ Aye
A
~- ye
~ ~ Aye
/~
2. The foregoing Resolution is a true and correct copy of such Resolution as adopted
on September ~, 2011. The foregoing Resolution has not been repealed, revoked, rescinded or
amended and is in full force and effect on the date hereof.
WITNESS my signature and the seal of the City of Virginia Beach, Virginia, this
th day of September , 2011.
Clerk, City Council of the City of Virginia
Beach, Virginia
(SEAL)
'~i``~i, r'F~i~i~'"~
~iiij{i iF'~' i
~j~3~c~ ~Bji;~
~~f,#~t ~;tE~ k
~ z~
~(~t~~t~ltE~,~z~~t i
tlt~i~~~~6~~'ff t
~'myo
U' tv
7 C
a
~~~a
a
~~U~
U
d N
d
mN~
~ ~~
s ~Q
W v O
~ H
~ ~
8LL
oO
2~u• N
3 1N~
O
N
N O
~ y 2'
a ~, ~,
N
~O N ~' c
C ~ ~ d
J
~ I
-30-
Item V.K. 7.
ORDINANCES/RESOLUTIONS ITEM # 61228
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council
ADOPTED, BY CONSENT:
Resolution to AUTHORIZE support for the Hampton Roads Urban
Area Security Initiative Grant from the U.S. Department of Homeland
Security in the amount of $2,500, 000 re emergency communications
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., Prescott Sherrod, John E. Uhrin and
Rosemary Wilson
Coamcil Members Voting Nay:
None
Cozrncil Members Absent:
James L. Wood
September 13, 2011
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
A RESOLUTION TO SUPPORT A U.S.
DEPARTMENT OF HOMELAND SECURITY
GRANT APPLICATION FOR EMERGENCY
COMMUNICATIONS
WHEREAS, the City of Virginia Beach has completed an application for the
Hampton Roads Urban Area Security Initiative Grant ("Grant") from the U.S.
Department of Homeland Security through the Virginia Department of Emergency
Management; and
WHEREAS, if awarded to the City, this Grant will allow for improved emergency
communications.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to execute for and on behalf of the
City of Virginia Beach, a public entity established under the laws of the Commonwealth
of Virginia, any actions necessary for the purpose of obtaining federal financial
assistance provided by the federal Department of Homeland Security and sub-granted
through the Commonwealth of Virginia.
Adopted by the Council of the City of Virginia Beach, Virginia, on the ~~day of
~,,,,+-,,,„~.,, r , 2011.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
;.~
,.
,. -~r
anage ' nt ervices
~~~
City Attorney's Off e
CA12026
R-3
August 31, 2011
.;-,
~~
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution to Support a U.S. Department of Homeland Security Grant
Application for Emergency Communications
MEETING DATE: September 13, 2011
^ Background: In August 2011, the City applied for a grant from the U.S.
Department of Homeland Security, process through the Virginia Department of
Emergency Management. If awarded, the City will use the grant funds to acquire and
deploy new P25 subscriber radios, to ensure adequate emergency communications
interoperability and to acquire related support and maintenance contracts. This grant
will improve the Public Safety Answering Point (PSAP/911) and Overlay Regional
Interoperability Network (ORION) capabilities and regional communications plans. The
grant does not require a local match.
The proposed use of funds includes:
P25 Subscriber radios -Portable accessories $ 110,000.00
P25 Subscriber Mobile Radios $ 230,769.00
P25 Subscriber Portable Radios $ 1,159,229.50
P25 700MHz remote Radio Site equipment/services -Dual path
microwave $ 100,000.00
P25 700MHz remote Radio Site equipment/services -Five base
radios $ 75,000.00
P25 700MHz remote Radio Site equipment/services -Bridging
equipment $ 375,000.00
P25 700MHz remote Radio Site equipment/services -Antenna
solution $ 50,001.50
Communications Exercise $ 200,000.00
Procure Consultant Services $ 200,000.00
=$2,500,000
^ Considerations: The grant application requires a resolution of support from City
Council and a designation of an agent for the execution of grant documents and other
actions in furtherance of the grant application. If a grant is awarded, the City Council
will be presented with an ordinance to appropriate the grant funds.
^ Public Information: Public information will be handled through the normal
Council agenda process.
^ Attachments: Resolution
Recommended Action: Approval '~ ~
Submitting Department/Agency: Communications and Information Technology
City Manager ~) `~
t~-. E
f
-31-
Item V.K.8.
ORDINANCES/RESOLUTIONS ITEM # 61229
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Ordinance to AUTHORIZE a sanitary sewer line in the City of
Norfolk's right-of--way to serve properties along Wesleyan Drive in the
City of Virginia Beach and EXECUTE a Franchise Agreement
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., Prescott Sherrod, John E. Uhrin and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
James L. Wood
September 13, 2011
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
ORDINANCE TO (1) LOCATE A SANITARY
SEWER LINE IN THE CITY OF NORFOLK'S
RIGHT-OF-WAY TO SERVE PROPERTIES
LOCATED IN THE CITY OF VIRGINIA BEACH,
AND (2) AUTHORIZE THE EXECUTION OF A
FRANCHISE AGREEMENT WITH THE CITY OF
NORFOLK FOR THE SEWER LINE
WHEREAS, there are currently seven properties along Wesleyan Drive in the
City of Virginia Beach (the "City") that are not served by the City's sanitary sewer
system (collectively, the "Properties");
WHEREAS, the City's Public Utilities Department has determined that sanitary
sewer service could be extended to the Properties as part of the Wesleyan Drive (First
Cities Project) (CIP 2-145) if it locates a portion of the sanitary sewer system within the
adjacent right-of-way located in the City of Norfolk ("Norfolk");
WHEREAS, Norfolk has agreed to allow the installation of the necessary sanitary
sewer system in its right-of-way, subject to the City and Norfolk entering into a
franchise agreement to govern the installation and maintenance of the portion of the
sanitary sewer system located in Norfolk; and
WHEREAS, the proposed extension of the sanitary sewer system into Norfolk
would be the most efficient and practical manner to provide sanitary sewer service to
the Properties.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the extension of the public sanitary sewer system into the right-of-
way located in the City of Norfolk to serve the seven properties located in the City of
Virginia Beach, as identified on Exhibit A, attached hereto, and made a part hereof, is
hereby approved.
2. That the City Manager is hereby authorized to execute a franchise
agreement between the City of Virginia Beach and the City of Norfolk governing the
terms and conditions of the installation, operation and maintenance of the portion of the
sanitary sewer system located in the City of Norfolk, in accordance with the Summary of
Terms attached hereto as Exhibit B, and made a part hereof, and containing such other
terms and conditions deemed necessary and sufficient by the City Manager and in a
form deemed satisfactory by the City Attorney.
Adopted by the Council of the City of Virginia Beach, Virginia, on the ,~~_
day of 2011.
APPROVED AS TO
/CONTENT:
~b
~~
.~
Department of Utilities
CA 11944
\\vbgov.com\dfs 1 \applications\citylawprod\cycom32\wpdocs\d011 \p012\00033726.doc
R-1
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney
August 31, 2011
.~~
a ~ .~
~~ ~ •~ .~
~_ ~ ~ ~ ~ ~
r ~ ~
~. ~„ 4 Z
~ .~ ` .mot ~t .wt ~
~ ~ ~. ~
EXHIBIT B
SUMMARY OF TERMS
FRANCHISE AGREEMENT
Franchisor /Owner: City of Norfolk ("Norfolk")
Franchisee: City of Virginia Beach ("Virginia Beach")
Term of Franchise: Forty (40) years
Rights of Franchisee: Installation, operation and maintenance of sanitary sewer
system in the existing right-of-way of Franchisor.
Franchise Fee: None
Special Terms: Prior to construction, Virginia Beach to obtain all necessary
and customary permits from Norfolk.
-32-
Item V.K.9.a/b
ORDINANCES/RESOLUTIONS ITEM # 61230
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT.•
Ordinances to AUTHORIZE temporary encroachments:
a. MARCUS G. and ANNE M. DRAGAS to construct and maintain an elevated beach access
walkway and a platform at 526 South Atlantic Avenue, Croatan Beach (DISTRICT 6 -
BEACH);
The following conditions shall be required:
1. The Temporary Encroachment shall be constructed and maintained in accordance with the
laws of the Commonwealth of Virginia and the City of Virginia Beach 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 Encroachment shall terminate upon notice by the City to the applicant and,
within thirty (30) days after such notice is given, the temporary encroachment 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 encroachment.
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 encroachment 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.
September 13, 2011
-33-
Item V.K.9.a/b
ORDINANCES/RESOLUTIONS ITEM # 61230 (Continued)
8. 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 Encroachment.
9. The Temporary Encroachment must conform to the minimum setback requirements, as
established by the City.
10. 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 Encroachment sealed by a Registered Professional Engineer,
if required by either the City Engineer's Office or the Engineering Division of the Public
Utilities Department.
11. The City, upon revocation of such authority and permission so granted, may remove the
Temporary Encroachment 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 Encroachment; 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 Encroachment is 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
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., Prescott Sherrod, John E. Uhrin, and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
James L. Wood
September 13, 2011
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS
s INTO A PORTION OF CITY
6 PROPERTY KNOWN AS CROATAN
~ BEACH LOCATED AT THE REAR OF
s 526 S. ATLANTIC AVENUE, FOR
9 PROPERTY OWNERS MARCUS G.
to DRAGAS AND ANNE M. DRAGAS
11
12 WHEREAS, Marcus G. Dragas and Anne M. Dragas desire to construct and
13 maintain an elevated beach access walkway and a 10' X 10' platform for beach access
14 on a portion of City property known as Croatan Beach, located at the rear of 526 S.
is Atlantic Avenue, Virginia Beach, Virginia; and
16
17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107,
is Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
19 City's property subject to such terms and conditions as Council may prescribe.
20
21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
22 VIRGINIA BEACH, VIRGINIA:
23 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Marcus G. Dragas and Anne
25 M. Dragas, their heirs, assigns and successors in title, are authorized to construct and
26 maintain temporary encroachments for an elevated beach access walkway and a 10' X
2 ~ 10' platform for beach access on a portion of City property as shown on the map
2s marked Exhibit "A" and entitled: "EXHIBIT "A" ENCROACHMENT PLAT OF 78' OF
29 ELEVATED BEACH ACCESS WALKWAY, LOCATED ON PROPERTY OF THE CITY
3o OF VIRGINIA BEACH, VIRGINIA MAP OF "CROATAN BEACH", (M.B. 24, P. 37)
31 SHEET 1 SCALE: 1"= 40' SHEET 2 SCALE: 1" = 10' -JUNE 20, 2011," a copy of which
32 is on file in the Department of Public Works and to which reference is made for a more
33 particular description; and
34
35 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly
36 subject to those terms, conditions and criteria contained in the Agreement between the
37 City of Virginia Beach and Marcus G. Dragas and Anne M. Dragas (the "Agreement"),
3 s which is attached hereto and incorporated by reference; and
39
4o BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
41 is hereby authorized to execute the Agreement; and
42
43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
44 time as Marcus G. Dragas and Anne M. Dragas and the City Manager or his authorized
45 designee execute the Agreement.
46
4 ~ Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 ~ ~hday
48 of Se tPmher , 2011.
CA-11722
R-1
PREPARED: 8/19/11
APPROVED AS TO CONTENTS
(.
c.~~~v
PU LIC WORKS, REAL ESTATEet'~7
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
DAN . HA M R
ASSISTANT CITY ATTORNEY
N
Ca
hA
C6
L
G
Q~
Q
-~
ca
c~
t~A
C~
N
U
i
C6
Q~
a ~.
U O
~ m
c~ '
Q ~
~ N
~ Z
O ~
l0 ~
N
G
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 1 day of f7116UJ~, 2011, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and MARCUS G. DRAGAS AND ANNE M.
DRAGAS, 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 "Lots 1 and 11, Block 29", as shown on that
certain plat entitled: "RESUBDIVISION OF PART OF CROATAN BEACH PRINCESS
ANNE CO, VA SCALE 1" = 100' JUNE, 1954," prepared by C A BAMFORTH, CLS," and
said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia in Map Book 37, at page 11, and being further designated, known, and
described as 526 S. Atlantic Avenue, Virginia Beach, Virginia 23451;
WHEREAS, it is proposed by the Grantee to construct and maintain an
elevated beach access walkway and a 10' X 10' platform, collectively, the "Temporary
Encroachment", in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a portion of City property
located at the rear of 526 S. Atlantic Avenue known as Croatan Beach, the
"Encroachment Area"; and
GPIN'S: 2427-30-4591-0000; (526 S. Atlantic Avenue)
2427-30-8604-0000; (CITY PROPERTY KNOWN AS CROATAN BEACH
BEACH AREA PARCEL)
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 OF 78' OF ELEVATED BEACH
ACCESS WALKWAY, LOCATED ON PROPERTY OF THE
CITY OF VIRGINIA BEACH, VIRGINIA MAP OF "CROATAN
BEACH", (M.B. 24, P. 37) SHEET 1 SCALE: 1" = 40' AND
SHEET 2 SCALE: 1" = 10' DATE: JUNE 20, 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.
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
2
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 seaward extent of
the Temporary Encroachment shall not extend past the eastward toe of the sand dune.
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,
3
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 Grantee 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 Encroachment sealed by a registered professional engineer, if required
by either the City Engineer's Office or the Engineering Division of the Public Utilities
Department.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
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
4
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, Marcus G. Dragas and Anne M. Dragas, 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.
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:
(SEAL)
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.
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
6
Marcus G. Dragas, Owner J'
By His Attorney-In-Fact, Anne M.
Dragas
Anne M. Dragas, Owner
STATE OF r ; ~ fNt'1
CITY/C'6tf~N-fiY OF I ~ ~ ~ ,, to-wit:
~..
The foregoing instrument was acknowledged before me this ~_ day of
;~
~~.~(C.,y-~=r~ 2011, by Marcus G. Dragas, by his Attorney-In-Fact, Anne M.
Dragas.
_.
„~ i (SEAL)
No ary Public
Notary Registration Number: ~ ~~~ ~ `f- i~ ~ ~
tlMrfr hMle
My Commission Expires: ~ ~~ ~ l~ ~M~'M~
r
STATE OF ~l~r7Ls i,~1//
CITY/G9Hfd~Y OF ~/11~~tf~!'~,g~ ,~Gl~ ~~/, to-wit:
The foregoing instrument was acknowledged before me this ~~ ~~day of
Ulm i.t ~ ~ _, 2011, by Anne M. Dragas.
4
~~ ~/, (SEAL)
Notary Public
Notary Registration Number: / ~~ 2 y (~
My Commission Expires: o~~n ~,/ .3 ~- ~G>/~
priwua v~ MMtt
~ e v~r~.
1~lN
GMs fit, !!fZ
7
APPROVED AS TO CONTENTS
~ 1
SI ATURE
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
AN H RMEYER,
ASSISTANT CITY ATTORNEY
O~t~8g0L00~
~~O~~~S Ny/# 1S/tl/
%y~~,
w
U
~t
~ _ ~ W ~
Q U r,~~m~
`t OQO
Q ~ m ~ ~ z ~
z ter" ~
_ ~ Q N O ~ N
Q ° ~'~o
~, ~, ~ z
~ ~~
z U O
Q
0
U i
O
O W
~t Q
U_
~o
~-
U II
_=
Q
o ~
c~
0
~-
2
U
W
m
z `
Q _~
F-
O ~
rn
U ^_ ~ N ~
O N ~ ~ ~ ~ of
o_ ~
~v ~`LW° n
QO ~~-~N N
d m m O ~ N
O ~ ~ Q Z L
O z ~ ~
~_ ~
~ r
° z~
m ~, r
~ N
Q
U
z
0
U
-5----'~
_\\`~S~
o ~ -
----- QS(~~ ''_'
U W Y
J
- WQ']Q~
------ _~
_10- _ -
\' ~_~ -
~
.,---~~.._
/ _ --r-
-~ 3~oia 3Nno _
~ ~_ -'tea
Q1..=_--~- -= _~-
10~- _
__~
=w
U =
Q
ICJ ~
w
m
0
~
Q
z ~
~~~
O
w ~ ~ U
Q W ~ W ~ N
O Z U m~ W
~ O
., W
apUW Q WU
~ I
O
I-
~
r~ ° m Q I '-
m
= p Q Z ~ N
U
U w O O
~ I
W ~
~ ~
~ ~ ~ W II
O
a r
w
ZOO a
~ J ~ ~ J
U ~ U U
Q
"' N
o
~ w
W U
Q
U ~_
W W d-
~ m ~o
~ ~ Q W ~
~' m ~
O Q Lu ~ ~
N O ~ ~ ~ ~ N
_ ~ ~ ~-
~ O ~ ~ ~ ~
O ~ ~ ~
z Q ~~ °d-
o ~ o ,~-, ~
O
C-.
C9
ti
h
~/x ~o~ - ~nu~n~ orsu~s~ xsnos
1
=w
U =
Q ~
W W
m O
p ~ ~ Q O
Q ~ Z_ _ N
W
+ U
J ~ ~ S O
>
J W ~ ~ U N
~ ~ ~ W
Q WO Z U m~ N Z O
W ~ O
U w Q ~ 0 ~
~
~ _
~ ~ m Q N ~ O
OQZ ~ N~j 00
U - U ~
C.7 : W
cn w w~> o~ _
~~ Zoo a
X Z W J ~ J
N U~ U U
w Q N
~
- ~ ~ ~
~ U
_ Z Lv Q
N
+
1 ~ ~
(~ 0
~j W
>
[~,~ W U O
~
X ~ J
W
oQCn 3.5' ~" J
wN~ XN Li ..
-
~ O~ ~ ~
Q w ~
~ r
m
w
~ ~~
~ ~ ~
~ ^
W
op U
'~ U
W
Q J
= U
~
Q
W
Cfl
~ j
g 3.0' r''
~
o
N ~ W '
''
~
O ~ ~
~
X
O N
^ _ ~ ~ ~
N
F
~ ~
;4%N
O
Q
x
N
> p o
~
v
~
~
O ~ s ~
v~•
~~
,
~
U_ ~~
= xma
o 3
~
2
Q ~ ~
~ m •° rn
o ~ 3.2' .. N .o_',~
Z
>
N
,~
O ~ ~
~ Z N
_
~- ~ O
a
O
~ W
J
W
W
z ~ ~
3
0
M
ti
N
N
~1~1~
t ea
m ~
d~
~ to
> °'
d ~
wa
~.
N Z
~ V
~ ~ +~
N
~ m ~ N
F-
w~+~
c~
~~Q ~~
~, e~ ~ o
M
O W a» N
Q = i Q N
VU v
OQ~~z
~~C~ ~a
~ ~Q~
Z ~ -c
w ~ ~
~ o
0
~~
+o
~n
^o
~~
_,~- - r- 1
_:
J
\\ S
~~,~A~~ a0 ~~~~
~~ ° ^q~~c
\v11~1'J~l=1~ 1~11~1'
~`
>~
~~~U~~ V
VIR~IN~A~PRE~R ,__
-___
~-
a
0
a
c V
as
a~
m
J
a
E
-34-
Item V.K.9.a/b
ORDINANCES/RESOLUTIONS ITEM # 61230 (Continued)
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Ordinances toAUTHORIZE temporary encroachments
b. PEDRO F. and MELLESSA M. BECERRA to construct and maintain a bulkhead, float,
wharf and boatlift, extend an existing deck and remove an existing dock at 308 Teal Crescent,
Sand Broad Lake (DISTRICT 7 -PRINCESS ANNE);
The following conditions shall be required:
1. The Temporary Encroachment shall be constructed and maintained in accordance with the
laws of the Commonwealth of Virginia and the City of Virginia Beach 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 Encroachment shall terminate upon notice by the City to the applicant and,
within thirty (30) days after such notice is given, the Temporary Encroachment 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 Encroachment.
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.
The applicant agrees to maintain the Temporary Encroachment 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 should make a One Thousand, Five Hundred Dollar ($1,500) payment, as
compensation, for the typically required fifteen (1 S) foot wide riparian buffer area that
cannot be established on the property. Said buffers are a standard condition for
shoreline encroachments. The payment is equal to the partial cost of plant material
which will be used to restore buffer areas on other City-owned property.
September 13, 2011
-35-
Item V.K.9.a/b
ORDINANCES/RESOL UTIONS ITEM # 61230 (Continued)
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 Encroachment.
10. The Temporary Encroachment must conform to the minimum setback requirements, as
established by the City.
11. The City, upon revocation of such authority and permission so granted, may remove the
Temporary Encroachment 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 Encroachment; 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 Encroachment is 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
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., Prescott Sherrod, John E. Uhrin, and
Rosemary Wilson
Council Members Voting Nay:
None
Coxmcil Members Absent:
James L. Wood
September 13, 2011
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS
5 INTO A PORTION OF A VARIABLE
5 WIDTH CANAL ON CITY PROPERTY
7 LOCATED ADJACENT TO SAND
s BROAD LAKE AT THE REAR OF 308
g TEAL CRESCENT, FOR PROPERTY
to OWNERS PEDRO F. BECERRA AND
11 MELLESSA M. BECERRA
12
13 WHEREAS, Pedro F. Becerra and Mellessa M. Becerra desire to re-construct
14 and maintain a bulkhead; to construct and maintain a 10' x 20' float, 5' x 40' wharf, and
15 a 12' x 12' boat lift; to extend an existing deck to the new bulkhead; and to remove an
16 existing 5' x 24' dock in a portion of a variable width canal on City property, located
17 adjacent to Sand Broad Lake at the rear of 308 Teal Crescent in the City of Virginia
is Beach, Virginia; and
19
20 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107,
21 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
22 City's property subject to such terms and conditions as Council may prescribe.
23
24 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
25 VIRGINIA BEACH, VIRGINIA:
26 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
27 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Pedro F. Becerra and
2 s Mellessa M. Becerra, their heirs, assigns and successors in title are authorized to re-
29 construct and maintain a bulkhead; to construct and maintain a 10' x 20' float, 5' x 40'
3 o wharf, and a 12' x 12' boat lift; to extend an existing deck to the new bulkhead; and to
31 remove an existing 5' x 24' dock in a portion of the City's property as shown on the map
32 marked Exhibit "A" and entitled: "ENCROACHMENT REQUEST - `EXHIBIT A' FOR
33 PEDRO F. and MELLESSA M. BECERRA SANDBRIDGE SHORES NORTH,
34 SECTION 1-B, LOT 76 (M.B. 103 PG. 24) PA SANDBRIDGE DISTRICT SHEET 1 OF 1
35 DATE: APRIL 9, 2010 SCALE: 1" = 40'," a copy of which is on file in the Department of
36 Public Works and to which reference is made for a more particular description; and
37
3s BE IT FURTHER ORDAINED, that the temporary encroachments are expressly
39 subject to those terms, conditions and criteria contained in the Agreement between the
4 o City of Virginia Beach and Pedro F. Becerra and Mellessa M. Becerra (the
41 "Agreement"), which is attached hereto and incorporated by reference; and
42
43 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
44 is hereby authorized to execute the Agreement; and
45
46 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
47 time as Pedro F. Becerra and Mellessa M. Becerra and the City Manager or his
4 s authorized designee execute fhe Agreement.
49
50
51 Adopted by the Council of the City of Virginia Beach, Virginia, on the ~}day
52 Of ___~ntamher , 2011.
CA-11659
R-1
PREPARED: 912111
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
PU LIC WORKS, REAL ESTATE
~ DA . HARME ,
ASSISTANT CITY ATTORNEY
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
.sf'
THIS AGREEMENT, made this 3~ day of ~ S/ , 2011, by
and between the CITY OF VIRGINIA BEACH. VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and PEDRO F. BECERRA AND MELLESSA
M. BECERRA, 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 76" as shown on that certain plat
entitled: "SANDBRIDGE SHORES SECTION 1B NORTH PRINCESS ANNE
BOROUGH VIRGINIA BEACH, 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 103, at page 24,
and being further designated, known, and described as 308 TEAL CRESCENT, Virginia
Beach, Virginia 23456;
WHEREAS, it is proposed by the Grantee to re-construct and maintain a
bulkhead and to construct and maintain a 10' x 20' float, 5' x 40' wharf, 12' x 12' boat lift
and extend an existing deck to a new bulkhead and remove an existing 5' x 24' dock,
collectively, the "Temporary Encroachment", in the City of Virginia Beach;
GPIN: 2433-27-3415-0000; (CITY PROPERTY -CANAL)
2433-16-8679-0000; (308 Teal Crescent)
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, located adjacent to Sand Broad Lake, at the rear of 308
Teal Crescent, 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 plat entitled: "ENCROACHMENT
REQUEST - `EXHIBIT A' FOR PEDRO F. and MELLESSA
M. BECERRA SANDBRIDGE SHORES NORTH, SECTION
1-B, LOT 76 (M.B. 103 PG. 24) PA SANDBRIDGE
DISTRICT SHEET 1 OF 1 DATE: APRIL 9, 2010 SCALE: 1"
= 40'," 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 expressly understood and agreed that the Grantee shall make a ONE
THOUSAND, FIVE HUNDRED DOLLAR ($1,500.00) payment, payable to the City
Treasurer, to the Department of Planning as compensation for the typically required 15-
foot-wide riparian buffer area that cannot be established on the property of the Grantee;
3
said buffers are a standard condition of the City for shoreline encroachments. Said
payment is equal to partial cost of plant material which will be used to restore buffer
areas on other City-owned property.
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
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
4
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, Pedro F. Becerra and Mellessa M. Becerra, 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
By (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.
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:
(SEAL)
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.
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
6
e ro .Becerra, Owner
Mell ssa M. Becerra, Owner
STATE OF ~ Li'~C~ '~LC`~-~'
CITY/COUNTY OF _ `o~ ~~to-wit:
`~
The foregoing instrument was acknowledged before me this,~_ day of
,.
~~ , 2011, by Pedro F. Becerra-Cely.
~~ .'~r. I ~ _ (SEAL)
Notary Public ``-~
~~~~
ROSIN A. BRANDEBURG
Notary Registration Number: ~~ Puaiic
~Ith af'Vlrpinis
199002
My Commission Expires: ~r co~aniasia~ Expi~ Mu 31, 2014
STATE OF ~C ~C
CITY/COUNTY O ~C= ~ ~ .CC~~p-wit:
c
4~ ~ -
The foregoing instrument was acknowledged before me this ~ ~ day of
~~ . `~~. , 2011, by Mellessa M. Becerra.
;'
°~,.
;~- C~G~_~~ SEAL)
Notary Public "
ROBIN A 6~ ~; F
Nota Re istration Number: N°ta`'
ry g onwe~ . R MIA. MAi~p Up~Q ~~
19 , ~ MMi1fy IWI~C
My Commission Expires: Mycommission r c° awrpN,i,
,~ r7mi~~ a~ ~ ~a MK 31, 201
APPROVED AS TO CONTENT
SIG TORE
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
~ir Dana R. armeyer,
Assistant City Attorney
W ~'~
~~p ~ M.- ~
2~ZQwa° ~° m ~N
L ~ J ~
zacnzw r_ °~` Q
YOW~U~ V- p Z j z
]UF-
nQ~~ W ~ ~~ = J' ~
~ Z Q Z Q Vj .\ U_
20ZQ_=~ ~Y ~ `~~
~NO~I-Z ~i1O O(-'V
Y~ O~~ ,lv~ ``
LO~OOQ ~ Q~
>_=>c~z=
> WW
~ O=
2 4. Y
cnor-~ ~m
~~a~'. i
~~a~
Q zo"~m w .~'Zl~
_i ~ ~ m cn
~ ~ a N Q
O x
Q °o ¢ X00
(Y] m w Q ~;~
Q ~~ ` ,~i
(~ o a' 00 ~ `~! fro
rn
O~Q / ~
~ X~
~ ~ ,Q
~~
O X Q ,S ~' ~
~ iv O / ti~
aim
~~~~0
,,/~~
~~
~--
Z ~ °~
O ~p
J
~ ~ n U ~
'~ '~t
F- J In
~~ ~Qc~o ~
~ N U_
~ N ~ m ~
I Z W \~
~ ~ Z
°' ~6 S 3734'17" E
\ ~ W 40.00' ~
,~. _ -
,~ "' o ~
~^ o
o. ~° ~ ~r o
"~ o
~ _
N
~o
~ mQ
z8 ~ ~ _ -.
Y ~
J ~
d~(ib, W a1 ~
~~
~~~J
~OJ _
. a~ ,~~
~'
Ki CO
.~~ ~u`6~ ~ Q ~
Irk L ~ ~ ~ W
' O `~ ~ Y
~ J ~
X. (~ ~
' = N 4g'S6'17" W 155.00'
.6' 0 1 ~ ~ o
~ N ~ _
~ U~~~ xp Qm
I~woM ~_ _~
Om pNI W Q ~ ~
1F}-¢N ~ ~ _ ~F=
Uz~M >~ Q
jpNl ~V ~~
~ ~p ~W
rn~ ~I
~, ~r
~ ao o ~
~ °o ° ;.~
~ N O O
d- ~
~,,.~ N (n
ZIW
W p^j
o '~
O_
n ~
~ W ~
°w~
D] ~
\ m
z 0
0
0
rn
Cp
~~
~o w
~ ~ _
> ~
a
~ .- Z `r
~ ~ N
I 'J
n
~ Z ~
~~Z
0
~ ~
° a
~ m ~ ~ U
W
=
m ~ o
~~
U ~- o
W m O W of
~
zN ~ = oW
U W O
W a
~ -
-~ O no
c
~ ~'`~
° J
~
W Z
a
a
W
`- I-
~ ~
W
~ g
~
~
= ^r-
~h LL
"' O
.~ c
= tti ~-
a
U ~ w
~ ~-
M W
~
o ~ ~ pp ~
W ~
J
Q ~ z
W Z
a
~
W
~- _
c~
J
J
Q
Z m
Z n
UNh~ ~ cp
~Z
N ° ~~
~
z F"N
Z~~ n
OUw>C Q, W
o
~J~>~
~ ~Z~UX
Q U JWUf:
a
~q±+
N U~n
O W ~ Wu+
~ W C ~~"' 41
a
w azW~ Z p=
~ U ~- ~ z ~
° ~ a
N W
O
Q
ac
w
U
w
m
~ z
Q W
N
~ W
N
~ U
J J
W Q
W
~
0
z Q
Q m
0
0
W
a
0
._
._
~ ~a
~ °'
~_
~~~
N .~ ~
~a ~
L }~
~ ~
~ ~
N ~
~ ~N
i ~ ~
O
~Z
~ •-
O
O
-36-
Item V.K.10.
ORDINANCES/RESOLUTIONS ITEM # 61231
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Ordinance to ACCEPT and APPROPRIATE a $152, 667 Grant from the
Edward Byrne Justice Assistance Grant Local Solicitation to be used as
recommended by the Criminal Justice Board for public safety and
criminal processing.
Voting.• 9-0 (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, and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Abstaining:
Prescott Sherrod
Council Members Absent:
James L. Wood
September 13, 2011
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
AN ORDINANCE TO ACCEPT AND APPROPRIATE
GRANT FUNDS FOR PUBLIC SAFETYAND CRIMINAL
PROCESSING
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. That an Edward Byrne Justice Assistance Grant in the amount of $152,667 is
hereby accepted from the United States Department of Justice and appropriated, with
federal revenues increased accordingly, to the FY 2011-12 Operating Budget of the
following departments/office as set forth below:
a. $29,000 to the Police Department;
b. $30,000 to the Sheriff's Office;
c. $18,000 to the Juvenile Probation;
d. $50,142 to the Department of Parks and Recreation, Youth Opportunities Office;
e. $25,525 to Commonwealth Attorney's Office;
2. That all contracted positions funded through this grant shall be eliminated when
grant funding expires.
Adopted by the Council of the City of Virginia Beach, Virginia on the 13th day
Of September 2011.
Requires an affirmative vote by a majority of all of the elected members of City Council.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
'~
~~
anage nt S rvices
City Attorney's Offic
CA13032
R-1
August 30, 2011
-37-
Item V.K.lla.
ORDINANCES/RESOLUTIONS ITEM # 61232
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Ordinance to provide TRANSFERS within the Inmate Services Special
Revenue Fund of the Sheriff s FY-2011-12 Budget.•
a. ,$32,573 to convert two part-time Storekeeper II positions to a full-time Food
Services Assistant
Voting.• 9-0 (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, and Rosemary Wilson
Cozmcil Members Voting Nay:
None
Council Members Abstaining:
Prescott Sherrod
Council Members Absent.•
James L. Wood
Councilman Sherrod ABSTAINED on Item K.ll.a.
September 13, 2011
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
AN ORDINANCE TO CONVERT TWO PART TIME
STOREKEEPER II POSITIONS INTO AFULL-TIME
FOOD SERVICES ASSISTANT POSITION IN THE FY
2011-12 OPERATING BUDGET OF THE SHERIFF'S
OFFICE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, THAT:
1. Two part-time Storekeeper II positions are hereby converted to one full-
time Food Service Assistant within the FY 2011-12 Operating Budget of the Sheriff's
Office; and
2. $32,573 is hereby transferred within the Inmate Services Special Revenue
Fund to provide the benefits associated with the conversion of the part-time positions to
the full-time position.
Adopted by the Council of the City of Virginia Beach, Virginia on the ~ ~t-n day
of GP}~temher , 2011.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
-' _, .~ ~ ~
Manag en Services ``
City Attorney's O
CA12030
R-1
August 30, 2011
-38-
Item V.K.Il.b.
ORDINANCES/RESOLUTIONS ITEM # 61233
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT.•
Ordinance to provide TRANSFERS within the Inmate Services Special
Revenue Fund of the Sheriff s FY-2011-12 Budget.•
b. $70, 000 for the purchase of digital security cameras
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., Prescott Sherrod, John E. Uhrin and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent.•
James L. Wood
September 13, 2011
1
2
3
4
5
6
7
8
9
10
11
AN ORDINANCE TO APPROPRIATE $70,000 FROM
THE FUND BALANCE OF THE SHERIFF'S OFFICE
INMATE SERVICES FUND
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That $70,000 is hereby appropriated, with revenue from fund balance increased
accordingly, from the fund balance of the Sheriff's Office Inmate Services Fund to the
FY 2011-12 Operating Budget of the Sheriff's Office to replace the facilities analog
security cameras with digital security cameras.
Adopted by the Council of the City of Virginia Beach, Virginia on the 13th day
of ~ on{-omhcr , 2011.
Requires an affirmative vote by a majority of all of the elected members of City Council.
APPROVED AS TO CONTENT:
~'
allanagem t S ices
APPROVED AS TO LEGAL
SUFFICIENCY:
~~~
City Attorney's Offic
CA12031
R-1
August 30, 2011
-39-
Item TEL.
PLANNING ITEM # 61234
1. ANNETTE C. BEAUDRY, EXE/ANNETTE
C. BEAUDRY andJOHNNIEM. HICKS
2. CHECKERED FLAG STORE #2, LLC/
EVERGREEN, VIRGINIA, LLC
3. OUTLET MALL PROPERTIES, L. C.
4. CITY OF VIRGINIA BEACH
SUBDIVISION VARIANCE
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
AMENDMENTS
a. City Code ~~6.1 and 6.3, Appendix B, Subdivision Regulations, and ~'4 of the Site Plan
Ordinance, Appendix C, re the required information for preliminary and final Subdivision Plats
and Site Plans
b. City Zoning Ordinance, (CZO), X1303 re appeals of decisions regarding Certificates of
Appropriateness for the construction, alteration, repair, relocation or demolition of structures
within a Historic and Cultural District.
c. Comprehensive Plan re the Rosemont Strategic Growth Area Master Plan, dated August 2011,
and REVISE the Policy document.
September 13, 2011
-40-
Item V.L.
PLANNING ITEM # 61235
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE
MOTIONItems 1, 2, 3, 4 a/b/c of the 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., Prescott Sherrod, John E. Uhrin, and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
James L. Wood
September 13, 2011
-41-
Item V.L.1.
PLANNING ITEM # 61236
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Application ofANNETTE C. BEAUDRY, EXE./ANNETTE C. BEAUDRYand JOHNNIE
M. HICKS, for 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) at 2508 Beaufort Avenue (GPIN
1570510918) (DISTRICT 4 -BAYSIDE)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Application of ANNETTE C. BEAUDRY, EXE./ANNETTE C.
BEAUDRYand JOHNNIE M. HICKS, for 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) at 2508 Beaufort
Avenue (GPIN 1570510918) (DISTRICT 4 -BAYSIDE)
The following conditions shall be required:
The proposed Lot A is limited to the development of only one (1) single family dwelling.
2. Ingress/egress paved width shall be no less than twenty (20) feet wide, unless otherwise
authorized by the Fire Department in order to accommodate fire apparatus in the event of
an emergency.
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 Thirteenth day of September,
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., Prescott Sherrod, John E. Uhrin, and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
James L. Wood
September 13, 2011
-42-
Item V.L.2.
PLANNING ITEM # 61237
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance upon Application of CHECKERED FLAG STORE #LLC/EVERGREEN
VIRGINIA, LLC, for a Conditional Use Permit re a car wash at 5225 Virginia Beach Boulevard (GPIN
1477437489). (DISTRICT 2 - KEMPSVILLE)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of CHECKERED FLAG STORE #
LLC/EVERGREEN VIRGINIA, LLC, for a Conditional Use Permit re
a car wash at 5225 Virginia Beach Boulevard (GPIN 1477437489).
(DISTRICT 2 - KEMPSVILLE) 8091137439
The following conditions shall be required:
All eight conditions of the Conditional Use Permit granted by the City Council on October 24,
2006, shall remain in effect with the addition of Condition 9:
1. A landscape plan shall be prepared by a landscape professional and submitted for
Development Services Center review.
2. Existing "nonconforming "free-standing signs shall be removed. Signs shall meet the sign
regulations outlined in the City Zoning Ordinance.
3. Evergreen shrubs planted a minimum of four (4) feet on center and a minimum height of
three (3) to four (4) feet at the time of installation shall be installed along the southern
property line where the site abuts the adjacent office development site.
4. All garage doors shall remain closed other than for the maneuvering of vehicles in and out of
service bays.
S. All parking lot lighting shall be directed inward and shall not reflect toward the adjacent
properties and city streets. A photometric plan shall be submitted for Development Services
Center review.
6. The entire parking lot must be striped in accordance with City Code requirements and the
Americans with Disabilities Act regulations. All parking spaces and display areas must be
clearly delineated on the final Site Plan.
7. No load speakers or outdoor speaker system shall be permitted on site.
8. No vehicles for sale or rent shall be parked within any portion of the public rights-of--way.
9. The automated car wash shall adhere to the following:
a. building height shall be limited to thirty-fve (35Z eet
b. the exterior building colors shall be neural and match those of the existing front facade
the sales, service and rental building
c. no use of the car wash shall be permitted by the general public
d. use shall be limited to normal operating hours
e. no exterior buildin~ignage for advertisingpurposes shall be permitted on the exterior
of the car wash building
September 13, 2011
-43-
Item i!L2.
PLANNING ITEM # 61237 (Continued)
This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Thirteenth day of September,
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., Prescott Sherrod, John E. Uhrin, and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent.•
James L. Wood
September 13, 2011
-44-
Item T! L.3.
PLANNING ITEM # 61238
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance upon application of OUTLET MALL PROPERTIES, L.C., for a Conditional
Use Permit re a Business and Vocational School at 116 South Independence Boulevard (DISTRICT 5 -
LYNNHAVEN) (GPIN 1477437489)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of OUTLET MALL PROPERTIES, L.C.,
for a Conditional Use Permit re a Business and Vocational School at 116
South Independence Boulevard (DISTRICT 5 - LYNNHAVEN) (GPIN
1477437489) 8091137440
The following conditions shall be required:
1. The applicant shall obtain all necessary permits and inspections from the Planning
Department /Permit and Inspections Division and the Fire Department. The applicant shall
obtain a Certificate of Occupancy for the change in use from the Building Official.
2. The applicant shall obtain a Virginia Beach Department of Public Health permit prior to
opening of the Beauty School and Salon.
3. Exterior building signage shall comply with the requirements of the City Zoning Ordinance.
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 Thirteenth day of September,
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., Prescott Sherrod, John E. Uhrin, and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
James L. Wood
September 13, 2011
-45-
Item V.L.4.a/b/c
PLANNING ITEM # 61239
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinances for the CITY OF VIRGINIA BEACH to AMEND:
a. City Code ~~6.1 and 6.3, Appendix B, Subdivision Regulations, and ~¢4 of the Site Plan
Ordinance, Appendix C, re the required information for preliminary and final
Subdivision plats and site plans
b. City Zoning Ordinance, (CZO), X1303 re appeals of decisions regarding Certificates of
Appropriateness for the construction, alteration, repair, relocation or demolition of
structures within a Historic and Cultural District.
c. Comprehensive Plan re the Rosemont Strategic Growth Area Master Plan, dated
August, 2011, and REVISE the Policy document.
These Ordinances 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 Thirteenth day of September,
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., Prescott Sherrod, John E. Uhrin, and
Rosemary Wilson
Cozmcil Members Voting Nay:
None
Council Members Absent:
James L. Wood
September 13, 2011
1 AN ORDINANCE TO AMEND SECTION 6.1 AND
2 6.3 OF THE CITY CODE, APPENDIX B,
3 SUBDIVISION REGULATIONS, AND SECTION 4
4 OF THE SITE PLAN ORDINANCE, APPENDIX C,
5 PERTAINING TO THE REQUIRED
6 INFORMATION FOR PRELIMINARY AND FINAL
7 SUBDIVISION PLATS AND SITE PLANS
8
9 Sections Amended: Subdivision Regulations
10 §§ 6.1 and 6.3
11
12 Site Plan Ordinance § 4
13
14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
15 BEACH, VIRGINIA:
16
17 That Sections 6.1 and 6.3 of the Subdivision Regulations and Section 4 of the
18 Site Plan Ordinance of the City Code are hereby amended and reordained to read as
19 follows:
20
21 APPENDIX B SUBDIVISION REGULATIONS
22
23 PLATS AND DATA
24
25 Sec. 6.1. Preliminary plats and data--Generally.
26
27 The preliminary plat shall be at a scale of not less than one inch equals one
28 hundred (100) feet and may be of one or more sheets as necessary. The plat shall
29 include or be accompanied by the following:
30
31 (a) Name of subdivision (not duplicating the name of an existing subdivision),
32 names and addresses of owner(s) of record, subdivider and person or firm responsible
33 for preparation of preliminary plat, date of drawing, number of sheets, north point and
34 scale.
35
36 (b) A boundary survey or survey of record, including map book and page
37 reference, deed book and page reference, or instrument number, locating and
38 identifying adjacent or abutting streets (existing or platted), subdivisions, unsubdivided
39 parcels, easements, water areas, and the like, and all visible monuments.
40
41 ....
42
43 (I) Where Chesapeake Bay Preservation Areas lie within a subdivision, the
44 preliminary plat shall, unless waived by the planning director, delineate the boundaries
45 of all resource protection areas, resource management areas, intensely developed
46 areas and reserve sewage disposal drainfield sites as required by ~°~ Sections 106
47 and 107 of the Chesapeake Bay Preservation Area Ordinance [Appendix F].
48
49 ....
50
51 ~ Where Chesapeake Bay Preservation Areas lie within a subdivision, the
52 following materials shall also be required, unless waived as unnecessary by the
53 planning director or previously submitted in conjunction with a site plan or Chesapeake
54 Bay Preservation Area Board application review:
55
56 ~ A survey of environmental features;
57
58 ~ A landscape plan;
59
60 ~ A stormwater management plan;
61
62 ~ An erosion and sediment control plan; and
63
64 ~, A water quality impact assessment, if required by Section 107 of
65 the Chesapeake Bay Preservation Area Ordinance fAppendix F1.
66
67 The materials set forth in (1) through (5) hereinabove shall contain all of the
68 information required by Section 107 of the Chesapeake Bay Preservation Area
69 Ordinance [Appendix F1.
70
71 ....
72
73 Sec. 6.3. Final plats and data.
74
75 ....
76
77 The final plat shall show the following data, and shall be completed and
78 processed as indicated:
79
80 ....
81
82 (c) Appropriate legal documents °r„+o„+.„o ,.,,,,o„~.,+~ in form for recording.
83
84 ....
85
86 (e) On the face of the plat, a place shall be prepared to receive the signature,
87 with date, of the planning director and other affected agencies, which signatures, when
88 affixed, shall indicate approval of the final plat. ~ ^'°^° °"°" °'°^ "° nron~ro~ +„ ro~oc„o
89
90 . A 2" x 3" box shall be provided in the upper right-hand corner of the first
91 sheet to receive the recording information from the Clerk of the Circuit Court. All
92 required signatures shall be in a durable ink.
93
94 ....
95
96 (h) The boundary of the property being subdivided, names of all proposed
97 streets, and boundaries of all property within the subdivision intended to be dedicated to
98 public use. In resubdivisions of existing recorded lots, existing lot lines shall be shown
99 by dotted lines, resubdivisions by full lines. The map book, deed book, or instrument
100 number reference of the document creating the property being
101 resubdivided shall be specified.
102
103 (i) Exact locations, lengths and bearings of all existing boundary lines of
104 blocks, public grounds, streets, alleys and easements partiall~or
105 wholly within the property being subdivided and their legal reference.
106
107 Q) Exact locations and widths of all proposed public or private easements,
108 streets and alleys.
109
110 ....
111
112 (I) Widths and names of abutting or adjoining roads, streets and alleys, along
113 with the Map Book,e~-Deed Book, or instrument number reference for the existing right-
114 of-way.
115
116 ....
117
\A/h o~L° R~~i Dr°c°r~ro~inn flr li° ~eii~hin
118 4t-} ~e~~es~p ~~~,~reas-T,~,~,Ta--s w+s+e ,
119 ,
120
121 r°~;
122
123 ~ 0 ~~ ir~inv of °rniirnnm°n~ol f°~+~ ~r°c•
e
124
125 {~ ~r~~e-~la~;
126
127 ~°7 A c~nrm~ni~~°r m~n~n°m°n+ nl~n•
~"~ ~
128
129 {43 ;
130
131 ~}
132 th° (`hno-~n°~+U° Rn~i Dr°o°nin~inn ~r°~ (lrrlinnnn° ~Annnnrliv Cl
133
134
135
136 (lrrlin~nr° r~nr,nr,rliv ~,
137
138 ....
139
140 (v) Every final plat of a subdivision containing any land located within a
141 Chesapeake Bay Preservation Area shall delineate the boundaries of all resource
142 protection areas, including buffer areas, resource management areas, and reserve
143 sewage disposal drainfield sites as required by ~est+er~-Sections 106 and 107 of the
144 Chesapeake Bay Preservation Ordinance [Appendix F].
145
146 {w~
147mmr~eflf~sr-arCQ--tGt- E°~,cr-i vaTraed~i-ttt° n°r+r°o~ ~°n~h /(1 1
148
149
150 APPENDIX C SITE PLAN ORDINANCE
151
152 ....
153
154 Sec. 4. Information required on site development plan.
155
156 4.1. A site plan, prepared, stamped and endorsed by a registered engineer,
157 surveyor or other persons duly licensed by the Commonwealth of Virginia to practice as
158 such, shall be submitted with every application for approval. A sufficient number of
159 copies of the site plan shall be submitted, as the planning director shall require and shall
160 contain the following information:
161
162 A. Property and ownership information:
163
164 1. A location map at a scale of not less than one inch equals 1,600 feet with
165 the site plan clearly marked on the location map identifying the location of
166 the property;
167
168 2. Present recorded property owner and map book and page reference~a-rte
169 deed book and page, or instrument number reference of the site property;
170
171 3. Owners, lot numbers and map book/page or instrument number reference
172 of all adjacent properties;
173
Adopted by the Council of the City of Virginia Beach, Virginia, on the 13t" day of
September, 2011.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
ORDINANCE TO AMEND SECTION 1303 OF THE CITY
ZONING ORDINANCE, PERTAINING TO APPEALS OF
DECISIONS REGARDING CERTIFICATES OF
APPROPRIATENESS FOR THE CONSTRUCTION,
ALTERATION, REPAIR, RELOCATION OR DEMOLITION
OF STRUCTURES WITHIN AN HISTORIC AND
CULTURAL DISTRICT
WHEREAS, the public necessity, convenience, general welfare and good zoning
practice so require;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 1303 of the City Zoning Ordinance is hereby amended and
reordained, to read as follows:
ARTICLE 13. HISTORIC AND CULTURAL DISTRICT
Sec. 1303. Certificates of appropriateness.
(a) Requirements of certificates of appropriateness. Except as provided in
subsection (f) herein, no building permit shall be issued for the construction, alteration
or repair of any structure within a Historic or Cultural District and no permit shall be
issued for the relocation or demolition of any structure within a Historic or Cultural
District, unless and until the planning director has issued a certificate of appropriateness
therefor.
(b) Materials to be submitted for review. The planning director may require
submission of any or all of the following: Architectural plans, site plans, landscaping
plans, proposed signs with appropriate details as to location, size, number and
character, proposed exterior lighting arrangements, elevations of all portions of
structures with significant relation to public view, indications as to construction
materials, design of doors and windows, ornamentation and colors, photographs or
perspective drawings indicating visual relationship to adjoining structures and spaces
and such other exhibits and reports as are reasonably necessary in making his
determination as to appropriateness.
(c) Grounds for issuance and denial of certificate of appropriateness.
39 (1) Issuance. The planning director shall issue a certificate of
40 appropriateness only if he finds that the proposal is, in fact,
41 appropriate to the character, appearance and efficient functioning of
42 the district and meets the requirements and objectives established by
43 the city council in creating the district. In issuing his approval, the
44 planning director may attach whatever conditions he deems
45 appropriate to fulfill the purposes of the district. Each condition so
46 attached shall be in conformity with all applicable city ordinances and
47 development standards.
48
49 (2) Denial appeals. The planning director shall not issue a certificate of
50 appropriateness authorizing issuance of any permit, if he finds that
51 the action proposed would adversely affect the primary character of
52 the district or the setting of structures of public interest. The planning
53 director shall state his reasons for denial in writing. The applicant for
54 the certificate of appropriateness may appeal a Appeafs-~e~
55 ~°^a~~ denial of such certificate
56 cages °"gin'-~ to the city council by letter filed with the planning
57 director stating the grounds for appeal no later than thirty (30) days
58 after the date of the denial.
59
60 Upon receipt of such letter, the planning director shall schedule the
61 appeal to be heard by the city council at a regular meeting and shall
62 give written notice of the time, date and place of the city council
63 meeting to the applicant, or his agent, postmarked not less than
64 twenty-one (21) days before the meeting. Additionally, the applicant
65 shall post a sign on the property, identifying the time, date and place
66 of the city council meeting and the nature of the application at least
67 fifteen (15) days prior to the city council meeting at which the matter
68 is scheduled. No further public notice shall be reauired.
69
70 The applicant, and any person appearing before the city council in
71 opposition to the application, may appeal the decision of the city
72 council to the circuit court by filing a petition at law, setting forth the
73 alleged illegality of the action of the city council provided the petition
74 is filed within thirty (30) days after the date of the city council's
75 decision. The filing of the petition shall stay the decision of the cif
76 council pending the outcome of the appeal to the court unless the
77 decision denies the right to raze or demolish a historic landmark
78 building or structure. The court may reverse or modify the decision of
2
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
the city council, in whole or in part, if it finds upon review that such
decision is contrary to law or is arbitrary and constitutes an abuse of
discretion, or it may affirm the decision of the governing body.
(d) Demolition. In the case of demolition, if preservation is found to be
physically or economically unfeasible, the planning director shall issue the certificate
forthwith. If preservation is found to be physically and economically feasible, the
planning director and the historical review board shall take or promote the taking of
whatever public or private action seems likely to lead to such preservation, either on the
site on which the structure is located or on another site to which it might appropriately
be moved.
(e) Lack of action. If after sixty (60) days from the date of receipt of the
application (unless the owner of the property agrees to an extension of time), the
planning director or historical review board has not taken final action upon the
application, the building permit, relocation permit, or demolition permit shall be referred
to the city council for action.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day of
September, 2011.
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
AN ORDINANCE TO AMEND THE COMPREHENSIVE
PLAN BY ADOPTING THE ROSEMONT STRATEGIC
GROWTH AREA MASTER PLAN, AUGUST 2011 AND
REVISE THE POLICY DOCUMENT
WHEREAS, the public necessity, convenience, general welfare and good zoning
practice so require;
WHEREAS, the Strategic Growth Area Master Plan for the Rosemont Area has
been developed with extensive input from the community and all stakeholders;
WHEREAS, there are several revisions that are necessary to bring the adopted
Comprehensive Plan into conformity with the Rosemont Strategic Growth Area Master
Plan, August 2011; and
WHEREAS, the Rosemont Strategic Growth Area Master Plan, August 2011, and
the attached revisions to the Policy Document should be adopted as part of the
Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the Comprehensive Plan of the City of Virginia Beach be, and hereby is,
amended and reordained by:
1. The adoption of the Rosemont Strategic Growth Area Master Plan, August
2011. Such document is made a part hereof, having been exhibited to the City Council
and is on file in the Department of Planning; and
2 The revision of the Policy Document, pertaining to the Rosemont Strategic
Growth Area Master Plan, August 2011 as shown on the attached document entitled
"Comprehensive Plan Policy Document Revisions, Chapter 2: Urban Area, Strategic
Growth Area 5-Rosemont, August 2011." Such document is made a part hereof, having
been exhibited to the City Council and is on file in the Department of Planning.
Adopted by the Council of the City of Virginia Beach, Virginia, on this 13th day of
September, 2011.
APPRO ED AS O LATENT: APPROVED AS TO LEGAL SUFFICIENCY:
~~~~ ~ . f
Planning Department City ttorney's Office
CA11919/R-4/July 22, 2091
Comprehensive Plan Policy Document Revisions
Chapter 2: Urban Area
Strategic Growth Area 5 -Rosemont
August 2011
(Pages 2-22 through 2-23, Policy Document: Text to be deleted is shown as °'~~~. Text to be
added is underlined.)
STRATEGIC GROWTH AREA 5
ROSEMONT
DESCRIPTION
Rosemont Strategic Growth Area (SGA) is a 158-acre area located in the center of the city east of the Pembroke
SGA along the I-264~rginia Beach Boulevard corridor and is defined by a heavily used roadway system that is
further complicated by the confluence of a railroad crossing and an interchange ramp system in proximity to one
another. The land use of this area is characterized by suburban strip commercial and multifamily residential uses
along Virginia Beach Boulevard and generally encompassed by established single family neighborhoods.
t#is-area: With a vision supported by the community and a planning process Guided by a Steering Committee,
the Rosemont SGA Master Plan available in the online document libra at www.ourFuturevb.com identfies the
potential to transition strip commercial uses to mixed-use development, establish a neighborhood center for
Rosemont, improve pedestrian and trail facilities, create a street and block structure to accommodate
development and mobility, be a leading example of sustainable development practices, integrate high quality well
designed workforce housing and assure proper guidelines and standards for land use, streets and open spaces.
(Replace with revised map)
(Revised map)
ROSEMONT
RECOMMENDATIONS
With improved connectivity and mobility, the Rosemont SGA will transition from an auto-oriented retail strip to a
mixed-use transit-0riented neighborhood center at higher densities. Market potential created by the introduction
of transit and human-scaling of infrastructure suggests a reconception of commercial development to serve the
needs of a growing population and the introduction ofmulti-family housing within easy walking distance of transit
and neighborhood amenities. The following summarizes the key recommendations of the Rosemont SGA
Master Plan:
- Create an implementable series of private and public projects that can be packaged together to
transform, over time, the heart of the city. D-'^~~~a^ T..-.,+.-;r r.,.;,...~,.a r,,...,,~,,..,..,,,,,* ; ,.~„a:,,,..,
- Design to a "transit ready" framework that permits adequate scale and density coupled with
successive phasing of public investment to unlock a corresponding return on investment.
L.., ., „t...] ~l.,~o,- r., rL,o D.,~o,ti,.,,~f D., -, .d :.,ror~o~r;.,.,
- Promote redevelopment through building the Sentara Way fly-over and other new connections
within the SGA, supporting potential development, and improvements along South Plaza Trail.
,.,,r,. „FF;,.o L.,.;1.7;,~..~
2
- Introduce the residential neighborhoods south of Virginia Beach Boulevard by realigning
Bonney Road, creating more regular development blocks to allow for higher density
development, organized around parking garages, and liner buildings. No industrial uses are
recommended for this area.
- Establish criteria to humanize Virginia Beach Boulevard. Along the boulevard will be the new
development of a village core, and the surrounding lower-density residential neighborhoods to
support the commercial uses and transit options that are being introduced.
r r ....t „F F.,t.,,.,, 1~...7 ..1.,....:,,.. F.,.- +1.;~ ~ C..o.-.: oF£,...r ..1.,,.,1.7 L.e r~Lo,~. r..
,
(Replace with new picture)
3
(New picture)
Neighborhood Center/Mixed Use Development
Medium Density Mixed Use Development
(New picture)
Future Transit Station on Virginia Beach Boulevard
Item # 13
City of Virginia Beach
Amendment to the Comprehensive Plan Rosemont Strategic Growth Area Master Plan
August 10, 2011
CONSENT
An Ordinance to amend the Comprehensive Plan by Adopting the Rosemont Strategic Growth Area
Master Plan, August 2011, and revise the Policy Document.
AYE 10 NAY 0
BERNAS AYE
FELTON AYE
HENLEY AYE
HODGSON AYE
HORSLEY AYE
LIVAS
REDMOND AYE
RIPLEY AYE
RUSSO AYE
STRANGE AYE
THORNTON AYE
ABS 0 ABSENT 1
By a vote of 10-0, the Board approved item 13 for consent.
ABSENT
Debbie Zywna appeared before the Board.
-46-
Item VI.M.1
APPOINTMENTS ITEM # 61240
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
AGRICULTURAL ADVISORY COMMISSION
COMMUNITY SER VICES BOARD
ENERGYADISORY COMMISSION
HEALTH SER i~ICES ADVISORY BOARD
HISTORICAL REVIEW BOARD
WETLANDS BOARD
WORKFORCE HOUSING ADVISORY BOARD
September 13, 2011
- 47 -
Item VI.M.2
APPOINTMENTS ITEM # 61241
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Casey Connell, Junior -Kellam High School
2 Year Term
9/1/11-8/30/13
PARKS and RECREATION COMMISSION
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., Prescott Sherrod, John E. Uhrin, and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent.•
James L. Wood
September 13, 2011
-48-
Item VI.M.3.
APPOINTMENTS ITEM # 61242
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Katie Gardner
Delceno Miles
No Term
PROCESS IMPROVEMENT STEERING COMMITTEE
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., Prescott Sherrod, John E. Uhrin, and
Rosemary Wilson
Council Members Voting Nay.•
None
Council Members Absent:
James L. Wood
September 13, 2011
-49-
Item V1.M.4.
APPOINTMENTS ITEM # 61243
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Taylor Hooker, Junior - Bayside High School
2 Year Term 9/1/11- 8/31/13
PUBLIC LIBRAR Y 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., Prescott Sherrod, John E. Uhrin, and
Rosemary Wilson
Council Members Voting Nay:
None
Cozmcil Members Absent:
James L. Wood
September 13, 2011
-SO-
Item VI. P.
ADJOURNMENT
ITEM # 61244
Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:24 P.M.
~i ,
Beverly O. Hooks, CMC
Chief Deputy City Clerk
~~~
Ruth Hodges Fraser, MMC
City Clerk
City of Virginia Beach
Virginia
There were no speakers for Open Dialogue
William D. Sessoms, Jr.
Mayor
September 13, 2011
-SO-
Item VI.P.
ADJOURNMENT ITEM # 61244
Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:24 P.M.
_~~_______-- --o__-y~~~.~
Beverly O. Hooks, CMC
Chief Deputy City Clerk
~-
_..
uth Hodges Fraser, MMC William D. Sessoms, Jr.
City Clerk Mayor
City of Virginia Beach
Virginia
There were no speakers for Open Dialogue
September 13, 2011