DECEMBER 13, 2011 MINUTES-1 -
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
December 13, 2011
Mayor William D. Sessoms, Jr., called to order the CITY COUNCIL BRIEFING, re the PROCESS
IMPROVEMENT STEERING COMMITTEE and invited Councilman Bob Dyer to introduce the
Committee at 3: 00 P.M. in the City Council Conference Room.
Council Members Present:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara
M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William
D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Absent:
Harry E. Diezel [Entered.• 2:30 P.M.]
December 13, 2011
-2 -
CITY COUNCIL BRIEFING
PROCESS IMPROVEMENT STEERING COMMITTEE
2:30 P.M.
ITEM # 61479
Councilman Dyer advised on May 24, 2011, City Council ADOPTED:
Resolution to ESTABLISH a Process Improvement Steering Committee to
gather information re the broad range of issues to improve government
processes and communication with citizens
Councilman Dyer is the Council Liaison and Catheryn Whitesell, Director — Management Services, is the
City Staff representative.
Councilman Dyer introduced Richard "Tuck" Bowie, Chair of the Process Improvement Steering
Committee. Chairman Bowie introduced members of the Committee in attendance: Dan H Brockwell, Brad
D. Martin, and David Browning. Chris Allen, although not a member, has attended all the meetings and
been a true asset to the Committee.
Chairman Bowie expressed appreciation to the City Manager for being allowed to have administrative
support: Catheryn Whitesell and Monica Dudek. Their assistance has been invaluable. A meeting was
conducted with City Manager Spore and members of his Senior Management Team (a brain storming
session). Three (3) initiatives were derived:
Review the Development and Building Permit process: This initiative is headed by Dan
H. Brockwell and Brad D. Martin who have been meeting with Jack Whitney, Director —
Planning, Charles Hassen, Administrator — Development Services Center, and Cheri
Hainer, Manager — Building Inspections. The members have also met with representatives
of Chesapeake re their Development Review Process. The members also met with representatives
of Tidewater Builders Association. The next initiative, along with meeting with Councilman
DeSteph, is to meet with staff members of the Development Services Center. This process is
moving along.
The second initiative was to review the City Payroll Process. The Steering Committee is
meeting with Patricia Phillips, Director of Finance, and staff to review.
The last initiative and perhaps the most important are strategies to keep the small
businesses open and expand them. David Browning and Delceno Miles are reviewing this
initiative. The Committee initially met with Steve Herbert, Deputy City Manager, and
Warren Harris, Director — Economic Development, which subsequently led to a meeting
with Phillip Kellam, Commissioner of the Revenue. Mr. Kellam attended one of the Process
Improvement Steering Committee meetings and gave a PowerPoint presentation. Recently
David Browning coordinated meetings with members of the Virginia Beach Restaurant
Association and Hampton Roads Chamber of Commerce.
While the Committee has only been chartered for approximately six (6) months, it has been very busy.
Chairman Bowie hopes that early next year, his Committee will provide City Council with a recommendation
on one or more of these initiatives for City Council's review.
December 13, 2011
-3 -
CITY COUNCIL BRIEFING
PROCESS IMPROVEMENT STEERING COMMITTEE
ITEM # 61479 (Continued)
Chairman Bowie advised City Council he believes there are a number of opportunities for creating
efficiencies in the City of Virginia Beach that would add value internally, as well as externally, to the people
served. Chairman Bowie advised City Council creates the Vision for the City, articulates this Vision and
then brings it to conclusion. His hope is that as City Council will support this Vision and implement the
recommendation. They may call upon the Process Improvement Steering Committee for any further
considerations. The external business community, which the Committee represents, can bring their expertise
to the City Council to assist them in their accomplishments.
December 13, 2011
-4 -
CITY MANAGER'SBRIEFING
L YNNHA VEN SGA MASTER PLAN
2:38 P.M.
ITEM # 61480
Jack Whitney, Director of Planning, presented the preliminary update on the status of the LYNNHAVEN
(SGA) STRATEGIC GROWTH AREA MASTER PLAN. This is Number 6 out of eight (8) Strategic
Plans. Mr. Whitney advised SGA Number 7 (Hilltop) and SGA Number 8 (Centerville), encompass their
goal of completion approximately next year at this time. Mr. Whitney introduced Paul Ostergaard —
Executive Vice President — Urban Design Associates, and advised staffs are pleased to work again with
Urban Design Associates. The PowerPoint entitled: PHASE 3 Draft Recommendations, Lynnhaven SGA,
was distributed and is hereby made apart of the record.
Mr. Ostergaard advised the process consists of three (3) phases. A Public Meeting is scheduled for
tomorrow evening, December 14, 2011.
A Three Phase Process
1. Understanding: Figuring out what is going on
2. Exploring: Trying out some ideas
3. Deciding: Choosing what to do
(All with broad based participation)
Mr. Ostergaard displayed a map (with a "black dash line") outlining the study area. These boundaries have
been modified slightly to encompass both sides of Virginia Beach Boulevard and some of the neighborhoods
in the immediate area of the study.
Plans Affecting the Lynnhaven SGA
1. APZ Master Plan
2. 2009 Comprehensive Plan
3. Bikeways and Trails Plan
4. Virginia Beach Outdoors Plan
S. Housing and Neighborhood Preservation Plan
6.2009 Agenda for Future Action
7. Mixed -Use Development Guidelines
8. Retail Establishment and Shopping Centers Guidelines
December 13, 2011
-5 -
CITY MANAGER'SBRIEFING
LYNNHAVEN SGA MASTER PLAN
ITEM # 61480 (Continued)
Recommendations from the Comprehensive Plan
Following the construction of the I-264 access ramps at Great Neck/London Bridge Road,
properties may be considered for a use change if they:
Improve attractiveness, quality and marketability of properties
Reduce number of access points with shared internal circulation
Properties in the northern vicinity are suitable for higher intensity of compact, mixed -uses
including offices, institutions and retail compatible with Joint Land Use Study
Due to AICUZ restrictions, no hotel or additional residential uses recommended
Incorporate TOD (Transit Oriented Development) around planned Transit Stations for
non-residential uses
Much of the area is already developed; there is very little undeveloped area as depicted in the drawing
displayed.
Mr. Ostergaard delineated the strengths, weaknesses and opportunities:
Strengths
Well located near workplace (including Oceana), retail and services and between Norfolk
and the Beach
Strong residential neighborhoods with good housing at different price points, including
affordable housing
Easy access, via car, along interstate and major thoroughfares
Important historical sites, such as the Upper Wolfsnare House, Francis Land House and the
North Lynnhaven Road General Store
Bountiful natural resources, including waterways and marshland
Strong presence of institutional uses, such as churches and schools
Proposed transit along city -owned rail right-of-way
December 13, 2011
M2
CITY MANAGER'SBRIEFING
LYNNHAVENSGA MASTER PLAN
ITEM # 61480 (Continued)
Weaknesses
Low retail quality and issues with existing property tenants
Traffic congestion, particularly on intersections along Virginia Beach Boulevard, which
may not be solved with new interstate improvements
Unfriendly streetscapes bordered by too much paving and lacking visibility of natural
resources
Inadequate access points to existing neighborhoods
Speeding in neighborhoods
Noise and development restrictions related to Oceana Air Base
Few opportunities for public use of natural resources and recreation
Roadways dangerous for pedestrians and cyclists, especially at I-264 interchanges
Under-utilized residential, commercial and industrial properties
Proposed transit station not in an ideal location
Opportunities
Improve access to natural waterways and marshlands and provide more places for passive
recreation
Improved traffic circulation throughout the area
Improve streets for pedestrian and cyclist use, create necessary bike paths and improve
connectivity across I-264
Lynnhaven needs an identity and more destinations; tie identity to its historical and natural
resources
New development opportunities for dining, retail and industrial use
Proposed transit can help connect Lynnhaven to other SGAs and the region
December 13, 2011
- 7 -
CITY MANAGER'SBRIEFING
L YNNHA VEN SGA MASTER PLAN
ITEM # 61480 (Continued)
The Design Principles were utilized as a blueprint for moving forward
Design Principles
Enable a clear and easy -to -access open space and recreation network
2. Capitalize on the value of the water and marshlands
3. Meet the Chesapeake Bay Act mandates and protect the Lynnhaven River and its
tributaries
4. Locate compatible uses that are consistent with the APZ plan, APZ zones, and
AICUZ restrictions
S. Strengthen existing neighborhoods through providing community services and
convenience retail
6. Improve multi -modal connections from the adjacent neighborhoods
Connect future transit to employment, recreational destinations and park-and-
ride
8. Enable flexible development sites and building types to respond to ever-changing
market needs and development programs
9. Coordinate transportation planning and development
10. Build on the existing good balance between homes, jobs and services
This has been a two-phase process. The first phase is near completion: the construction of the new ramps
from London Bridge Road on to I-264 heading west. Phase II will be reconstruction of the main interchange,
which will encompass a budget of over $100 -Million. This design has been approved by the Highway
Administration, Virginia Department of Transportation, and needs further development. However, this has
not been funded as it is very expensive. The likelihood of this Interchange actually being built in the next five
(S) or ten (10) years is in question. If, in the future, perhaps ten years, this Interchange still has not been
funded, or is funded at that time, then Urban Design Associates suggest the City revisit the design of Phase
H as new traffic data and information will be available at that time. Perhaps, a more modest Interchange
or a tighter urban configuration can be created. Perhaps, the City may be able to transfer some land back to
private use.
December 13, 2011
CITY MANAGER'SBRIEFING
L YNNHA VEN SGA MASTER PLAN
ITEM # 61480 (Continued)
Land Use Alternatives
1. Light Industrial and Distribution
Lynnhaven has great access and could serve the City as a light industrial,
distribution, back of house, Service center.
2. Retail
Lynnhaven is adjacent to existing retail destinations and has excellent
visibility. Lynnhaven is well positioned for new retail development that will
support the region and adjacent communities
3. Off Center
Many areas are within walking distance of a future Transit Station. New
office development could be built in an urban, pedestrian friendly "Town
Center" with supporting retail.
Next Steps
Adopt the Lynnhaven SGA (Strategic Growth Area) Plan
Revisit zoning and subdivision regulations
Enable Public/Private Partnerships to encourage redevelopment
Continue to Study Transit options
Idents and schedule infrastructure improvements
Include SGA Plan Recommendations in future I-264 planning
Implement strategies for Open Space Improvements
One of the remarkable aspects of the Lynnhaven SGA is it is part of a water system that influences the
region. Virginia Beach is actually on the small watercraft Intercostal Waterway Trail System. Part of the
recommendation is to provide more access and more opportunity to enjoy the Lynnhaven River and its
beauty.
Councilman Moss advised as of this, date it is important to note, the City has no transit corridor and no
light rail policy.
December 13, 2011
CITY MANAGER'S BRIEFING
INDEPENDENTAUDITOR REPORT OFFY2012 FINANCIAL RESULTS
3: 07 P.M.
ITEM # 61481
Patricia Phillips, Director of Finance, advised unaudited information has been provided. Mrs. Phillips
recognized the City's Comptroller, Don Barnett, whose office prepares these statements, Miryam P.
Woodson, Principal Accountant, Aaron McCoy, Senior Accountant, Loretta Brown, Administrative Assistant,
and several other accountants: Keena Garns, Patty Kephart, Kelley Peroe and Mark Stein. Mrs. Phillips
introduced the Auditors from Cherry, Bekaert and Holland: Senior Manager Krista Edoff, as well as
Manager Amy Schultz, Gretchen Hudome, Deputy City Auditor, and Lyndon Remias, City Auditor, who has
been the heart of the Audit Team
Mrs. Phillips advised the FY13 Budget proposal will be presented by the City Manager to City Council on
March 27, 2012, with Adoption May 8, 2012.
Krista Edoff, Auditor, presented the Audits of December 13, 2011: Audited Financial Results for the Fiscal
Year Ended June 30, 2011.
AG E N DA
FY 2011 Audited Financial Statements
• Entity Wide Statements — GASB 34
• General Fund
• School Operating Fund
• TI F's
Debt —June 30, 2011
Fiscal Year 2012 — Through November 30, 2011
Cherry, Bekaert & Holland Comments
December 13, 2011
-10 -
CITY MANAGER'SBRIEFING
INDEPENDENT A UDITOR REPORT OF FY 2012 FINANCIAL RESULTS
ITEM # 61481 (Continued)
Statement of Net Assets - All City Funds
June 30, 2011
(in millions)
Governmental Business Total
Assets $ 3,783.3 $ 1,067.8 $ 4,851.1
Liabilities (1,245.2) (230.1) (1,475.3)
Net Assets $ 2,538.1 $ 837.7 $ 3,375.8
CAFR Exhibit 1
General Fund Budget to Actual at June 30, 2011
(in millions)
% of
BUDGET ACTUAL
VARIANCE
Budget
LOCAL
$ 826.4 $
828.7
$ 2.3
0.3%
STATE
143.5
140.7
(2.8)
-2.0%
FEDERAL
22.6
22.4
(0.2)
-0.9%
TOTAL REVENUES
$ 992.5 $
991.8
$ (0.7)
-0.1%
CITY
$ 651.3 $
629.4
$ 21.9
-3.4%
SCHOOLS
386.5
376.4
10.1
1.5%
TOTAL EXPENDITURES
$ 1,037.8 $
1,005.8
$ 32.0
3.1%
REVENUES OVER (UNDER)
$ (45.3) $
(14.0)
$ 31.3
FUND BALANCE -JULY 1
194.1
LESS: RESERVATIONS
(67.1)
UNASSIGNED FUND BALANCE
-JUNE 30 $
113.0
Fund Balance as a percent of FY 2012 Revenues is 11.89%
*Reflects encumbrances of $9.4 million
December 13, 2011
-11 -
CITY MANAGER'SBRIEFING
INDEPENDENT A UDITOR REPORT OF FY 2012 FINANCIAL RESULTS
ITEM # 61481 (Continued)
$500
$475
0
0
Y
K
g ;aso
0
c
d
a
d
$425
June 30, 2007 — 2011
($1.5M Over Budget)
$80
$60
C
0
$20
$0
$81.7 $79.8
$73.1
$70.0 $67.5 $68.1
$64.2 $65.2 $65.9
$57.8
FY 2007 FY 2008 FY 2009 FY 2010 FY 2011
■Budget ❑Actual
6
December 13, 2011
-12 -
CITY MANAGER'SBRIEFING
INDEPENDENT A UDITOR REPORT OF FY 2012 FINANCIAL RESULTS
ITEM # 61481 (Continued)
$60
$50
o $40
f
N
4$30
0
c
w
$20
$10
$0
neral Sales Taxes
June 30, 2007 — 2011
($1.1M Over Budget)
;25
$20
$5
$0
FY 2007 FY 2008 FY 2009 FY 2010 FY 2011
■Budget OActual
8
December 13, 2011
-13 -
CITY MANAGER'SBRIEFING
INDEPENDENTAUDITOR REPORT OFFY2012 FINANCL4L RESULTS
ITEM # 61481 (Continued)
$50
$40
Restaurant Meal Taxes — Total City
June 30, 2007 — 2011
($2.7M Over Budget)
$10
$0
FY 2007 FY 2008 FY 2009 FY 2010 FY 2011
■Budget OActual
200
Unassigned General Fund Balance
16.0%
s0
0 0.0%
2003 2004 2005 2006 2007 2008 2009 2010 2011
=Unassigned GF Balance -4--% of Budgeted GF Revenue
Policy = 8-12% of Revenues
10
December 13, 2011
-14 -
CITY MANAGER'SBRIEFING
INDEPENDENT A UDITOR REPORT OF FY 2012 FINANCL4L RESULTS
ITEM # 61481 (Continued)
DOI Operating Fund - Revenues & Expenditures
For the Fiscal Year Ended June 30, 2011
(in millions)
REVENUES:
City
Local
School's Reserve & Other Funds
Commonwealth
Federal Government*
Total Revenues
EXPENDITURES
Budget
Actual
Variance
(in millions)
$ 325.0
$ 325.0
$ -
3.1
3.2
0.1
13.7
13.6
(0.1)
299.6
301.1
1.5
24.2
23.2
(1.0)
$ 665.6
$ 666.1
$ 0.5
- -
$ (681.4)
$ (672.2) **
$ 9.2
Total Reversion to City
* Includes $7.5 mllion in ARRA Finding for Basic School Aid
** Reflects encumbrances of $15.3 million
$ 9.7
ax Increment Financing Special Revenue Funds
For the Fiscal Year Ended
June 30, 2011
(in millions)
Sand-
Lynnhaven
bridge
Mall CBD South
Revenues:
Real Estate Taxes $ 7.9
$ 1.8 $ 5.3
CBD Hotel Tax -
- 0.5
Total Revenues $ 7.9
$ 1.8 $ 5.8
Expenditures $ -
$ 1.8 $ -
Debt Service -
- 5.5
Transfers to Gen Fund 8.0
- -
Total Expenditures $ 8.0
$ 1.8 $ 5.5
Excess of Revenues
Over Expenditures $ (0.1)
$ 0.0 $ 0.3
Fund Balance - July 1 8.9
1.1 1.8
Fund Balance - June 30 $ 8.8
1.1 2.1
CAFR Exhibits 15/16
December 13, 2011
IFAM
CITY MANAGER'SBRIEFING
INDEPENDENT A UDITOR REPORT OF FY 2012 FINANCIAL RESULTS
ITEM # 61481 (Continued)
M,"r'"
Outstanding Debt by Purpose as of lune 30, 2011
General
5�
Total Debt - $1.2486
Schools
25.81%
Reserve
am
n Water
27%
�r and Sewer
14.36%
14
December 13, 2011
-16 -
CITY MANAGER'SBRIEFING
INDEPENDENT AUDITOR REPORT OF FY 2012 FINANCIAL RESULTS
ITEM # 61481 (Continued)
Auditors' Opinion on the Financial Statements
❖ Unqualified Opinion
❖ Accounting principles generally accepted in the United States of America
❖ Material transactions and balances
❖ Compliance with laws and regulations material to the financial statements
Required Communications
❖ Our responsibility under generally accepted auditing standards:
❖ We assessed risk that the financial statements may contain a material misstatement, either
intentional or unintentional
❖ We documented and considered internal controls to assist us with our audit approach, not
for the purpose of providing assurance on those controls
December 13, 2011
-17 -
CITY MANAGER'SBRIEFING
INDEPENDENT A UDITOR REPORT OF FY 2012 FINANCIAL RESULTS
ITEM # 61481 (Continued)
Required Communications
❖ Our Responsibility under Government Auditing Standards (The Yellow Book)
❖ We reviewed and tested the City's compliance with laws and regulations, noncompliance
which could have a material impact on the financial statements
❖ We reviewed compliance with applicable laws and regulations identified in the
Specifications for Audits of Counties, Cities and Towns, issued by the Auditor of Public
Accounts of the Commonwealth of Virginia
Required Communications
❖ Our Responsibility under OMB A-133
❖ We performed procedures in order to express an opinion on the City's compliance with
requirements applicable to major Federal programs. Our opinion is unqualified
❖ We performed tests of controls to assess the City's ability to detect material noncompliance
with program requirements, not to express an opinion on controls
Required Communications
Independence
❖ In accordance with AICPA Rule 101, and the Independent Standards contained in
Government Auditing Standards, we were, and continue to be, independent with respect to
the City of Virginia Beach
❖ Accounting Policies
❖ The City implemented GASB 54, Fund Balance reporting, in the current year
•3 No transactions that lacked authoritative consensus
Required Communications
❖ Estimates
❖ These statements include estimates:
❖ Allowance for doubtful accounts
❖ Other Post Employment Benefits Liability
❖ Claims Liability
Required Communications
❖ Significant Audit Findings
❖ There were no disagreements or difficulties in dealing with management
❖ There were no misstatements individually or in the aggregate identified during our Audit
•S There were no consultations with other accountants
December 13, 2011
-18 -
CITY MANAGER'SBRIEFING
INTERIM FINANCIAL STATEMENT
FY 2012 THROUGH NOVEMBER
ITEM # 61482
Compared to Budget Thru November 30, 2011
(in millions)
Annual YTD
Budeet Actual Variance
Revenues
$ 599.8
$ 281.8
$ 318.0
City Capital Projects
Local
(80.6% of budget)
$ 767.4
$ 215.5
$ (551.9)
State
(17. 1 % of budget)
162.3
30.8
(131.5)
Federal
( 2.3% of budget)
21.8
8.3
(13.5)
Total Revenues
$ 951.5
$ 254.6
$ (696.9)
Expenditures/Encumbrances
City Operations
$ 599.8
$ 281.8
$ 318.0
City Capital Projects
35.5
14.8
20.7
School Operations
354.1
147.5
206.6
Schools Capital Projects
4.1
1.7
2.4
Total Expenditures/Encumbrances
$ 993.5
$ 445.8
$ 547.7
Less Amounts Funded from Fund Balance
Outstanding Encumbrance at 6/30/11 $ 8.0
Approved Carryover Requests 1.4
City Capital Projects 26.4
City Operating Budget 6.2
Adjusted Expenditures/Encumbrances $ 951.5
EY 2012 YTD Gen Fund Revenues & Expenditures
Compared to Historic Trend At November 30, 2011
Sul Aug Sep Oct Nov Dec San Feb Mar Apr May .jun
-+-Rev Trend-*-%ofFYI 2Rev Budget -*-Expenditure Trend -X-% of
December 13, 2011
ACTUAL REVENUES = $254.6M
80%
ACTUAL EXPENDITURES= $445.8M °rz
ea.
t, 1,1°
60%
58.6%
54.x'r�
4y2%
17 .,,.• 44.9% 45.2%
400/.-
40.8%
37.7%
26.8
8.5%
18.6%
20%
14.6
9.9% 8.3°' 13.3%
1.7% 4.4o 8.9
Sul Aug Sep Oct Nov Dec San Feb Mar Apr May .jun
-+-Rev Trend-*-%ofFYI 2Rev Budget -*-Expenditure Trend -X-% of
December 13, 2011
-19 -
CITY MANAGER'SBRIEFING
INTERIM FINANCIAL STATEMENT
FY 2012 THROUGH NOVEMBER
ITEM # 61482 (Continued)
Krista Edoff advised the only significant new accounting policy this year is GASB -54, which encompasses
how the fund balance is reported in the General Fund and is called "unassigned now':
MA JiCra
December Interim
FY13 Budget Proposal
FY13 Budget Adoption
Jan 24, 2012
Mar 27, 2012
May 8, 2012
December 13, 2011
-20 -
CITY MANAGER'SBRIEFING
CITY and SCHOOL REVENUE SHARING —(City Council Direction and Discussion)
3:27 P.M.
ITEM # 61483
The City Manager advised he was unable to contact School Board Chairman Daniel Edwards; however, he
did speak with Vice Chairman William J. Brunke. Vice Chair Brunke indicated the City Manager could
advise City Council that the Virginia Beach School Board liked the recommendation made by the
Superintendent and the City Manager.
Council Lady Wilson advised it was a good idea to refer this concept to City Manager James K Spore and
Superintended James G. Merrill to institute a `plan " in diversifying the old Formula, so there is a base line
required by the State. However, taking all the revenue sources and adding them gives continuity to the
Virginia Beach Schools.
Councilman Wood advised the Superintendent and City Manager did an excellent job, as well. However,
they had an "unwinnable " task to complete. Councilman Wood was not diminishing what they did, but was
not satisfied with the outcome. Councilman Wood believes more of a "needs based budget" needs to be
examined from the School side. This is still an arbitrary Formula.
Councilman Davis advised in two years, this Formula will become just as arbitrary as the present Formula,
because all is based upon some base line that takes present variables into account and not future ones.
Councilman Davis would like to see what the impacts of diversification is projected to be over the next one
to five years.
Correspondence of Councilman Moss advising he supports funding our nationally ranked and acclaimed
School systems based on needs versus a funding Formula is hereby made apart of the record.
Councilman Wood advised everyone has their own opinion on the meaning of "core" services and "needs ".
It is, frankly, the City's responsibility, as the institute collecting the taxes to exercise some sort of
management over this Formula. Councilman Wood believes something more realistic "than just a
Formula " needs to be devised.
Mayor Sessoms believes the City and Schools should commence with some type of Formula. The School
Board has advised they do not have any certainty as to what funds are available. The City monitors, on a
monthly basis, to determine the available funds. Mayor Sessoms does not want to be in a situation where the
City Council is put in a "box" trying to make decisions that the Virginia Beach School Board was elected to
make. Absent a Formula, that is the position in which the City will be.
Councilman Uhrin believes the City Manager's suggestion is good. The City needs to commence with some
type of Formula and determine if that works. The School Board does not have any certainty as to what funds
are available. The City monitors this on a monthly basis.
Vice Mayor Jones advised he did not vote for the Formula when it was first generated and believes the City
should fund on a "needs basis". The City Manager and School Superintendent did the job requested.
However, Vice Mayor Jones does not want to "lock in " the Formula, which the School System will expect
the City to provide every year.
The City Manager advised his concurrence and recommended an annual adjustment mechanism for
unanticipated funding.
Councilman DeSteph concurred with the "needs based budget". The only way to be fiscally responsible to
those who elect us is from a needs base.
December 13, 2011
-21 -
CITY MANAGER'SBRIEFING
CITY and SCHOOL REVENUE SHARING— (City Council Direction and Discussion)
ITEM # 61483 (Continued)
Council Lady Wilson advised it should be more data driven, taking into consideration changes in the
environment, extra funds or items not being funded, this concept is a very good "starting point ".
Council Lady Henley advised she could argue either side. Comprehensive is a "key word". The City
Council is the body which reviews comprehensively the Operating Budget. All facets must be examined as it
changes with areas i.e. schools, transportation. It is taking that comprehensive view of the needs as well as
the tax situation relative appropriateness. The lottery money was determined to remodel and replace
schools. Council Lady Henley advised the remodernization of Kellam is costing $102 -MILLION.
Councilman Diezel advised there should be cooperation between both boards and some recognition of joint
needs.
Councilman Dyer advised priorities will change on a year-to-year basis
Councilman Moss advised fiscal guidance controls are received. At the conclusion of the Five Year Forecast
in November, there is nothing wrong with the City Council adopting the cost figure, with which to work.
"What can we get with this and what is the risk? "
Councilman Uhrin advised the School Board was elected to manage the Virginia Beach School System in the
most efficient way possible and with the best possible outcome. The actual ability to fund programs is the
root of accomplishment.
Councilman Wood advised the City Council does not want to micro --manage the School Board Budget. The
relationship with the School Board can be improved. Councilman Wood is proud of the City's Schools.
Council Lady Wilson advised the Formula came into effect, three (3) years after the elected School Board
came into effect. At the time of the needs based budget, the School Boards were appointed.
Mayor Sessoms advised target and flexibility are key words. When the City Council meets in January, the
School Board deserves some guidance. The Target Number recommended by the Superintendent and City
Manager last week should be sent to the schools.
December 13, 2011
-22-
CITYCOUNCIL COMMENTS
4:10 P.M
ITEM # 61484
Council Lady Wilson advised the Historic Preservation Commission conducted the Historical Homes Tour
on .Saturday, December 10, 2011, which was a huge success. Over four hundred (400) tickets were sold. The
Garden Clubs decorated the homes. Buses were hired to transport citizens. The Frank Lloyd Wright
house, Greystone Manor and Cavalier Hotel were among the Historical homes. One of the Volunteers
worked the Cavalier Hotel and reiterated the history. This was a fabulous day.
ITEM # 61485
Councilman DeSteph referenced the new Animal Care and Adoption Center open at 341 Birdneck Road in
Virginia Beach. The Adoption this past weekend was a success with many positive comments. Forty-six(46)
animals were adopted.
ITEM # 61486
Councilman DeSteph referenced positive comments re the bike trail on Shore Drive.
ITEM # 61487
Councilman DeSteph inquired re the Virginia Beach Development Authority Meeting today, December 13,
2011.
Vice Mayor Jones confirmed the Virginia Beach Development Authority awarded STIHL, Inc. an Economic
Development Investment Program (EDIP) Grant of $100,000, based on Capital investment and number of
full-time jobs created.
Council Lady Wilson advised this equates to fifty-two (52) new jobs with over $10.3 -MILLION capital
investment.
ITEM # 61488
Councilman Davis referenced hearing from the Arts and Humanities Commission, this morning, December
13, 2011. The Virginia Beach Little Theatre has run some analysis re their signs. Individuals can now find
their facility. Since the signs were installed, the Theatre has "sold out" almost every show.
December 13, 2011
-23 -
CITY COUNCIL COMMENTS
ITEM # 61489
Councilman Davis referenced correspondence from the Joint Legislative Audit and Review Commission
(JLARC) Briefing re the Virginia Retirement System (VRS).
• The VRS retirement benefits are an important component of the state and local
government's compensation and contribute to the state's ability to remain
marginally competitive as an employer.
• Changes to the benefits are not necessary to improve their effectiveness, but
modifications could be considered to reduce future cost.
• There are also options for providing alternative types of retirement plan to
employees, but enrollment is likely to be limited and costs could increase.
ITEM # 61490
Councilman Dyer advised Governor McDonnell appointed the following citizens to serve on the Governor's
Task Force for Local Government Mandate Review:
Honorable Robert Dyer, Member, Virginia Beach City Council
Honorable Pat Herrity, Springfield District Supervisor, Fairfax County Board of Supervisors
Honorable Shaun Kenney, Vice -Chair, Fluvanna County Board of Supervisors
Kimball Payne, City Manager, City of Lynchburg
Honorable Joan E. Wodiska, Member, Falls Church City School Board
and President -Elect — Virginia School Boards Association
Additionally, City Councilwoman Alicia Hughes of Alexandria and City Councilwoman Suzy H. Kelly of
Chesapeake will serve as the Government Reform Commission Liaisons to the Task Force.
A meeting was held on Friday, December 9, 2011. There are over six hundred (600) unfunded mandates.
The Task Force is considering eliminating ten percent (10%) of these. A moratorium is also being
considered. The General Assembly initiates approximately 3,000 bills every Session and is trying to find a
process that would evaluate impact on the localities re the Bills that are passed Perhaps some
Constitutional changes might be reviewed and enhanced communication with our Delegation re how these
Unfunded Mandates are impacting the localities. The Virginia Municipal League has been requested to
determine the total impact of each locality and determine a comprehensive figure.
ITEM # 61491
Councilman Moss advised in approximately ninety (90) days, the City's FY 2012-13 Operating Budget will
be presented. Equally critical that we decide we want to hold fiscal control on ourselves. We do not want to
receive a Budget with tax increases
The Target Number recommended by the Superintendent and City Manager last week should be sent to
Schools.
December 13, 2011
-24 -
AGENDA RE VIEW SESSION
4:20 P.M.
ITEM # 61492
BY CONSENSUS, the following shall compose the CONSENT AGENDA:
L. ORDINANCES/RESOLUTION
1. Ordinance to RE ADOPT the Southside Hampton Roads Hazard Mitigation Plan
to reduce monitoring natural disaster losses
2. Ordinances to AUTHORIZE the City Manager to EXECUTE Leases:
a. Richmond 20MHz, LLC, d/b/a/NTELOS re wireless telecommunications at
Murden 's Corner
b. WeatherFlow, Inc. re navigational aid tower ("Jetty Light 4') at Rudee
Inlet
3. Resolution to DIRECT the City Manager and the Consolidated Benefits Office
Staff to implement the Health Risk Incentive program as part of the Health Plan
offered to City employees for Plan Year 2013
Item L.3. (Health Risk Incentive program) shall be REVISED.
December 13, 2011
-25 -
AGENDA REVIEW SESSION
ITEM # 61493
BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA:
M. PLANNING
Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created
lots meet the requirements of the City Zoning Ordinance (CZO) for KEITH P. and
CHERI N. CARL re an existing lot at 4824 Lake Bradford Lane. DISTRICT 4 -
BAYSIDE DISTRICT
2. Application of the CITY OF VIRGINIA BEACH for a Street Closure at 408 Laskin
Road. DISTRICT 6 -BEACH DISTRICT
Application ofATLANTICDEVELOPMENTASSOCIATES, LLCfor a
Nonconforming Use re a second single-family dwelling at 8004 Atlantic Avenue.
DISTRICT 5 - L YNNHA VEN DISTRICT
4. Application of ASHVILLE PARK, LLC/ATC REALTY SIXTEEN, INC. for the
Modification of Proffers 11, 18, 19 and 30 (approved on a Conditional Change of
Zoning by City Council on May 10, 2005) at Princess Anne Road Ashville Park,
Village B. DISTRICT 7 - PRINCESS ANNE DISTRICT
5. Application of SENTARA VILLAGE — VIRGINIA BEA CHISENTARA LIFE
CARE CORPORA TIONfor a Modification of Conditional Use Permit (approved
by City Council on November 13, 1990 and August 25, 1992) to ADD hospice
services at 3751 Sentara Way. DISTRICT 3 - ROSE HALL DISTRICT
6. Application of NEW TODAY BUS, INC./NEWTOWN BAKER SC for a
Conditional Use Permit re a bus terminal at 649 Newtown Road, Suite 101.
DISTRICT 2 - KEMPSVILLE DISTRICT
Applications ofA UTO PROPERTIES, LLC/KH REAL ESTATE, LLC at 326 and
330 Malibu Drive:
LYNNHA VEN DISTRICT
a. Conditional Change of Zoning from R-7.5 to Conditional B-2
b. Conditional Use Permit re motor vehicle sales and service expansion
December 13, 2011
wm
AGENDA REVIEW SESSION
ITEM # 61493 (Continued)
Item M. I. Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the
requirements of the City Zoning Ordinance (CZO) for KEITH P. and CHERI N. CARL, shall be
DEFERRED, BY CONSENT to February 14, 2012.
Item M.2. Application of the CITY OF VIRGINIA BEACH for a Street Closure at 408 Laskin Road, shall
be DEFERRED INDEFINITELY, BY CONSENT.
Item M.4 Application of ASHVILLE PARK, LLCIA TC REALTY SIXTEEN, INC. for the Modification of
Proffers 11, 18, 19 and 30 shall be DEFERRED, BY CONSENT until January 10, 2012.
Item M.7, Applications of AUTO PROPERTIES, LLCIKHREAL ESTATE, LLC at 326 and 330 Malibu
Drive, shall be APPROVED AS PROFFERED, BY CONSENT. Council Lady Henley shall vote a
VERBAL NAY.
December 13, 2011
-27 -
ITEM # 61494
Mayor Sessoms entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to
Section 2.2-371 ](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:
Centerville District
PUBLIC CONTRACT: Discussion of the award of a public contract
involving the expenditure of public funds, and discussion of the terms or
scope of such contract, where discussion in an open session would
adversely affect the bargaining position or negotiating strategy of the public
body, pursuant to Section 2.2-3711(A)(30).
Lifeguard Services Contract
Upon motion by Councilman Uhrin, seconded by Council Lady Wilson, City Council voted to proceed
into CLOSED SESSION at 4:26 P.M.
December 13, 2011
-28 -
ITEM # 61494 (Continued)
Voting: 10-0
Council Members Voting Aye.-
Glenn
ye:
Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley,
Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms,
Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
William R. "Bill" DeSteph
(Closed Session:
(Break:
(4:26 P.M. — 5:52 P.M.)
(4:28 P.M. — 4:35 P.M.)
December 13, 2011
-29 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
December 13, 2011
6:00 P.M.
Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGIN14 BEACH CITY
COUNCIL in the City Council Chamber, City Hall, on Tuesday, December 13, 2011, at 6:00 P.M.
Council Members Present:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara
M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William
D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Absent:
Harry E. Diezel [Left 5:52 P.M. due to illness]
INVOCATION. • Chaplain David Cochran
Virginia Beach Police Department
PLEDGE OFALLEGIANCE TO THE FLAG OF THE UNITED STATES OFAMERICA
Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297
Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's
transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank
has an interest in numerous matters in which he is not personally involved and of which he does not have
personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might
arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest.
Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of
TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local
Government Conflict of Interests Act (the "Act'), it is his practice to thoroughly review each City Council
agenda to identify any matters in which he might have an 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 apart of the record.
December 13, 2011
-30 -
Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank.
Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On
March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board
Member, he owns stock in Fulton Financial and that stock ownership causes him to have a "personal
interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it
handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may
have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to
ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the
purpose of identifying any matters in which he might have an actual or potential conflict. If, during his
review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to
be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice
Mayor Jones' letter of April 10, 2007, is hereby made apart of the record.
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman
and Company and is directly and indirectly involved in many of Goodman and Company's transactions.
However, due to the size of Goodman and Company and the volume of transactions it handles in any given
year, Goodman and Company has an interest in numerous matters in which her husband is not personally
involved and of which she does not have personal knowledge. In order to ensure her compliance with both
the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to
thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in
which she might have an actual or potential conflict. If, during her review she identifies any matters, she will
prepare and file the appropriate disclosure letter to be recorded in the official records of City Council.
Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is
hereby made apart of the record.
Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Decker
Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of
transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not
personally involved and of which she does not have personal knowledge. In order to ensure her compliance
with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her
practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any
matters in which she might have an actual or potential conflict. If, during her review she identifies any
matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of
City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January
27, 2004, is hereby made apart of the record.
December 13, 2011
Item — V -E.1
CERTIFICATION
-31 -
ITEM # 61495
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE
CLOSED SESSION TO BE INA CCORDANCE 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
ye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara
M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William
D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay.-
None
ay:
None
Council Members Absent:
Harry E. Diezel
December 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 #61494, Page 27, and in accordance with the provisions of The
Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies
that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open
Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution
applies; and, (b) only such public business matters as were identified in the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach City Council.
Rfith Hodges Fraser, MMC
City Clerk
December 13, 2011
Item — V -F.1
MINUTES
-32 -
ITEM # 61496
Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council APPROVED the
MINUTES of the INFORMAL and FORMAL SESSIONS of December 6, 2011
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara
M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William
D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
December 13, 2011
-33 -
Item V -G.1.
ADOPT AGENDA
FOR FORMAL SESSION ITEM # 61497
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
December 13, 2011
RECOGNITION
-34 -
ITEM # 61497a
Mayor Sessoms RECOGNIZED the following BOY SCOUT in attendance as he is working on his
Citizenship in the Community Merit Badge.
Skyler Willis
St. Pius X Catholic Church
Scoutmaster Jeff Thomas
December 13, 2011
-35 -
Item H.1.
BID OPENING: ITEM # 61498
Mayor Sessoms called for the Bid Opening and read the following:
"LEASE OF CITY PROPERTY — Navigational Aid Tower at Rudee Inlet ("Jetty Light 4'9
"Pursuant to Virginia Code Section 15.2-2102, the Chair will now summarize the bids that have been
received for a proposed lease of space on a City -owned navigational aid tower ("Jetty Light 4") located on
the north side of Rudee Inlet for the purpose of attaching, maintaining and operating weather data
gathering equipment"
"One bid has been received, as follows:
"WeatherFlow, Inc. has bid:
- Term: 40 year term
- Consideration: WeatherFlow will allow the City access to its weather data through a
web -based application at no cost to the City.
"Are there any other persons desiring to submit a bid at this time?
"There being no further bids, the bidding is closed.
"The staff has evaluated the bid that has been received from WeatherFlow, and recommends acceptance
of this bid.
"We will now open the Public Hearing to award this bid to WeatherFlow':
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
December 13, 2011
-36 -
Item I.1.
PUBLIC HEARING ITEM # 61499
Mayor Sessoms DECLARED A PUBLIC HEARING:
LEASE OF CITY PROPERTY — Munden's Corner — Telecommunications facilities
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
December 13, 2011
-37 -
Item J.1.
PUBLIC COMMENT ITEM # 61500
Mayor Sessoms DECLARED PUBLIC COMMENT:
CONVENTION CENTER HEADQUARTERS HOTEL
The following registered to speak:
Robert C. Goodman, Jr., Chairman — Convention Hotel Citizens Steering Committee, 150 West
Main Street, Suite 2100, Phone; 624-3238, registered in SUPPORT. The charge of the
Committee was to look objectively at this phase of the Convention Center project in the same
manner that their predecessor committee, the Citizens Steering Committee for the Convention
Center, looked at the initial Convention Center project. The finances were reviewed, the
overall design and location were examined. A number of suggestions were made and the City
was encouraged to act. The result was the City's award winning Convention Center, a
"statement of excellence ". The current Committee created a Finance Subcommittee, composed
of bankers, accountants, real estate developers and other business representatives in the
community. This Committee has been charged to objectively review the business deal to
provide City Council with a recommendation.
Michael J. Barrett, represented Virginia Beach Visions, and spoke in SUPPORT. City Council
should continue to identify PP Vs where studies show the joint participation will enhance the
economic prosperity of the City, broaden its tax base and serve the interest of the citizens at
large. Virginia Beach Visions instituted its own studies and deliberations within the City's tax
force to be certain that the project meets those criteria. This is the way other PP Vs have been
scrutinized in the past such as the construction of the Sandler Center, development of Town
Center and the hotel parking garage at 31s' Street. The City's proposal, if confirmed by the
facts, appears to be essentially financed by taxes paid by visitors that will be attracted to the
Convention Center. Further, the Staff's assertion that we have lost significant business for lack
of a headquarters hotel has been verified by the records and comments from customers.
Hank Boyd, represented Virginia Beach Visions, Chairman — Resort Development Task Force,
spoke in SUPPORT and advised over the past several weeks, there have been several
individuals, including elected representatives and a newspaper columnist, who have declared
their strong opposition to the terms under consideration for a public-private partnership to
bring a headquarters hotel to Virginia Beach. Mr. Boyd is distressed that many have voiced
their opposition to the proposal before the details are ever made public or the proposal
finalized. Virginia Beach Vision has not yet taken a position.
Jimmy Capps, local Innkeeper, member — Virginia Beach Visions, spoke in SUPPORT. Two
economic engines contribute to the City's prosperity: Tourism and Department of Defense.
The Department of Defense contributes over 45% of our regional economy. The DOD budget is
being mentioned as one of the cuts to our federal budget, as much as $20 -Million over the next
twenty years. Tourism is holding its own during these difficult times. The Convention Hotel
PPV is an opportunity to enhance our conference business and place Virginia Beach on the
map as a Conference destination.
Nancy Creech, President and Chief Executive Officer — Neptune Festival, spoke in SUPPORT.
This Council and those who have preceded it on numerous occasions have taken bold and very
creative action on controversial issues. Many of these were public-private partnerships paying
huge dividends back to the City, which benefits us all. Mrs. Creech has been on the Steering
Committee for the Convention Center and also worked for the hotel and projects which have
come to fruition and been beneficial.
December 13, 2011
Item J.1.
PUBLIC COMMENT ITEM # 61500 (Continued)
Mayor Sessoms DECLARED PUBLIC COMMENT:
CONVENTION CENTER HEADQUARTERS HOTEL
Carolyn McPherson, concerned citizen, spoke in SUPPORT re the concept of a headquarters
hotel, which I understand does attract conventions, make the experience better and will add to
the jobs in the City. Mrs. McPherson advised one of the biggest assets in the community is the
land the City owns.
Ned Williams, Chairman — Finance Subcommittee of groups previously mentioned by Robert
Goodman, spoke in SUPPORT. Over ten (10) years ago, the Finance Subcommittee of the
Convention Center Public Steering Committee recognized a Headquarters Hotel would be an
important part of the facility. The Committee has refocused on the Headquarters' Hotel Project
currently before City Council. This has been recognized as a needed part of the Convention
business that is being successfully attracted to Virginia Beach. The competition for this
economic important business is very real and very winnable for Virginia Beach. A
headquarters hotel will anchor the west end of the 19'h Street corridor with an activity plaza. A
high quality experience is required by the Hyatt Regency brand and will support the market
position of Virginia Beach as a great destination.
Rosie Burgarin, 5208 Albright Drive, Phone: 694-1049, Senior Vice President - Regent
Strategies International and Organization Management Group, spoke in SUPPORT. OMG is
based in Hampton Roads and is headquarters to 14 national, state and local associations. The
Group has a history or promoting Virginia Beach, as a destination. In 2006, Ms. Burgarin was
recognized as a Virginia Beach Ambassador and in 2011, the President of OMG, Mike
Reitelbach was also recognized as a Virginia Beach Ambassador.
Dane Blythe, 2004 Oak Leaf Lane, Phone: 537-1700, registered in OPPOSITION and spoke
from three (3) prospectives: The first is eminent domain (transferring land from one private
owner to another to further economic development). Second is proper role of City Government.
Eliminate the BPOL tax. The Third is spending priorities.
Kristin Allen, 2800 Shearwater Cove, Phone: 651-9570, Business owner and consultant who
has developed Strategic Plans for companies as large as $2 -BILLION, President — 192 -unit
Condominium Association and a taxpayer. Ms. Allen registered in OPPOSITION. She
opposed the Convention Center Hotel as the strategy is flawed, the business case is "weak" and
the economy is fragile. If the City chooses to go forward against taxpayer's advice, it should
investigate investment in infrastructure that connects the existing Double Tree property to the
Convention Center and let the Double Tree assume the financial burden.
Dorothy Patterson, 229 le Street, Phone: 422-3337, Business Teacher — Chesapeake Public
Schools, registered in OPPOSITION. She did not understand why the City is considering
putting tax dollars in a public --private partnership to build a Convention Center Hotel.
Organizations are not putting on conventions. It is a luxury that is being cut from organization
and business budgets. She believes the number of conventions and revenues are overinflated
and not providing a real picture of the future. Virginia Beach is not a major hub for the
airlines.
December 13, 2011
-39 -
Item J.1.
PUBLIC COMMENT ITEM # 61500 (Continued)
Mayor Sessoms DECLARED PUBLIC COMMENT:
CONVENTION CENTER HEADQUARTERS HOTEL
Barbara Lewis, 3300 Ocean Shore Avenue #1604, Phone: 490-8371, spoke in SUPPORT. Mrs.
Lewis has a business at Town Center. She is very happy to be here. Previously, Town Center
consisted of a bunch of trees and was not making any money. There is a strong Military
presence and tourism base in Virginia Beach. Town Center has done much better in this
Recession than many other large cities. The City cannot control Washington; however,
tourism, as revenue, can be better controlled. The City Council was able to cut the real estate
tax in recent years because of projects like the Convention Center Headquarters Hotel. No
General Fund or real estate taxes are used for this project. This project is funded through
revenue generated by hotel, admission and meal taxes. Tourists spend $1.1 -BILLION in
Virginia Beach every year generating jobs worth over $210 -MILLION per year. Tourism
contributes nearly $100-MILLIONper year in tax revenue. This project will create nearly 1, 000
new local jobs. The taxpayers are protected against tax overruns which are paid 100% by the
Developer.
Richard Kowalewitch, 229 16'" Street, Phone: 831-6143, citizen and business owner, registered
in OPPOSITION. In July 2012, I will have spent thirty (30) years owning my own business
(privately funded). In the course of the last ten (10) years, the Oceanfront has decreased 36%
in room rentals, which is equivalent to 1 -MILLION less people visiting this Resort. The
Commissioner of Revenue's office has provided these numbers. Mr. Kowalewitch expressed
concern re the method of funding this Convention Center Headquarters Hotel. The United
States is based on the capitalistic, free -enterprise system. The City Council does not need to
spend any money on the hotel. The City Council is needed to take care of public amenities,
utilities and services. There are bigger problems at the Oceanfront than hotels. Public Safety
problems need to be addressed.
JoAnn Barnes, 573 Ranger Street, Phone; (813) 760-7716, registered in OPPOSITION to
spending any public funds on this hotel. The Investors should take all the risk. Mrs. Barnes
suggested working with the DoubleTree. They wish to build another tower, will give ballroom
space and put a bridge across TO THE Convention Center. If the City insists on a public-
private partnership, the DoubleTree will cost less.
Reid Greenmun, 2405 Cliffhutter Drive, Phone; 426-5589, registered in OPPOSITION. Ways
should be sought to save money. Mr. Greenmun advised he could save City Council $5.3 -
MILLION. He attended a cheerleading competition at the Convention Center this weekend.
Instead of placing a hotel across the street and paying $5.3 -MILLION for a bridge, the
Convention Center should be relocated behind the Convention Center, between the DoubleTree
Skip the bridge. You have saved $5 -MILLION.
Richard Dunning, 2013 Wood Hollow Cove, Phone: 619-9149, registered in OPPOSITION.
The Convention Center Hotel plan is beautiful, however, it is not right for the City Tax Payers
to fund. Mr. Dunning expressed concern re the $535 -MILLION. The City is supposed to be
looking out for the citizens of Virginia Beach. There is already a deficit and discussion
involving laying -off 235 Teachers. The Teachers are being given notice as the real estate
property tax has decreased.
December 13, 2011
-40 -
Item J.1.
PUBLIC COMMENT ITEM # 61500 (Continued)
Mayor Sessoms DECLARED PUBLIC COMMENT:
CONVENTION CENTER HEADQUARTERS HOTEL
Charles Grin, 316 Whitehaven Road, Phone: (208) 589-6851, resident of Virginia Beach at
the North End; registered in OPPOSITION. Mr. Grin distributed copies of slides re the
Convention Center Headquarters Hotel, which were taken from the presentation during the City
Council Session of December 6, 2011. Virginia Beach is a City where people live, work and
visit. It is not a collection of modern buildings and hotels. Also, as part of the presentation
received last meeting, Patricia Phillips, Director of Finance, referenced the bottom line is that
the hotel would be a "money-maker". The Developer needs public money to leverage the
private capital to make a profit. The City recovers its investment from tax collections on
visitants. This is not free market capitalism. Mr. Grin has strong physical objections to
federal, state and local governments using tax revenue to subsidize private investment. Even if
it is mostly from taxes on those who visit rather than live here. Private public partnerships do
not provide basic public services but are instead used to grow government.
Keith Freemon, 4152 Church Point Road, Phone: 434-3584, Vice Chairman — Hampton Roads
Tea Party, registered in OPPOSITION to the Convention Center Headquarters Hotel;
specifically, the Armada Hoffler proposal. The subordination of the debt is a concern. The
DoubleTree by Hilton is offering a proposal that would satisfy the need for a headquarters
hotel. The conventions that might have been lost will now have a recognizable brand that meets
their needs. The property that would have been transferred or jointly owned is now retained as
an asset for future projects. The tax payer is not burdened with debt servicing, long-term
obligations, foregone capital and the risks that are not lost needlessly. The City of Virginia
Beach enhances its reputation as a well-managed city and City Council demonstrates its
leadership.
Jimmy Frost, 2240 Windom Place, Phone: 343-6768, advised the new Animal Shelter opened
last week and Mr. Frost was on hand for the first adoption event. There were thirty-four (34)
animals adopted on Saturday. Mr. Frost registered in OPPOSITION re the Convention
Center Headquarters Hotel. A lot of money is being expended on a project that is, at best, a
definite maybe. Those who champion the project say it cannot be built without public
investment. The current budget shortfall of approximately $90 -MILLION has not been
addressed.
James Szewczyk, 681 South Rosemont, Phone: 613-3672, registered in SUPPORT. Mr.
Szewczyk represents himself in toy shows. He has comments from a national toy organizer that
represents GI Joe Con and VICON (both sponsored by HASBRO). Last year alone, the Joe Con
had 48 dealers and over 2,000 people attend. They had three hotel blocks at three different
hotels. Mr. Szewczyk is a disabled Vet and walks with the aid of a prosthetic. The Double Tree
is too far and is outdated.
David Wesp, 3785 Candy Court, Phone: 408-6093, registered in OPPOSITION. He has no
objection to building a hotel, but doing it with a public-private partnership is what he would
consider irresponsible.
December 13, 2011
-41 -
Item J.1.
PUBLIC COMMENT ITEM # 61500 (Continued)
Mayor Sessoms DECLARED PUBLIC COMMENT:
CONVENTION CENTER HEADQUARTERS HOTEL
Michael Johnson, 612-202 Shoreham Court, Phone: 348-1531, registered in SUPPORT. He is
a Virginia Beach homeowner at Shoreham Square Condominiums, located in the 600 Block of
191" Street. He is also President — Home Owner Association of the 72 -unit complex and
represents the approximately 125 owners who live there.
Christine Geist, 2168 North Landing, Phone: 240-8670, registered in OPPOSITION. Ms.
Geist is currently the General Manager of the Wyndham Virginia Beach Oceanfront Hotel.
Prior to July of last year, she was the General Manager of the DoubleTree Hotel Ms. Geist
supported James Ricketts and Al Hutchinson, all that is being done to bring great Conventions
to this city.
Paul Grode, 2437 Colony Drive, Phone: 427-2548, local citizen. The individual taxpayer does
not have a majority say in the hotels as in a Referendum. The individual taxpayer will never see
a tangible return on their investment. A taxpayer/investor will be unlikely to even use the hotel.
Mr. Grode registered in OPPOSITION.
Dr. Chris Hooper, 2916 Gaines Landing, Phone: 496-4024, registered in SUPPORT of the
Convention Center Headquarters Hotel. Our homeowners strongly support the proposed
Convention Center Headquarters Hotel. It meets division and goals set by City Council to
optimize the potential of the Convention Center and promote a first class Resort for residents,
businesses and tourists, as a year `round destination. The consequences of rejecting this project
provide no benefits.
Robert Dean, 1204 Shawn Drive, Phone: 427-6606, registered in OPPOSITION. Mr. Dean
just pulled this off the Virginian -Pilot's website: the Poll question: "Do you support or oppose
the construction of $109.2 -MILLION hotel near the Virginia Beach Convention Center? "
Support, 13%, Opposed, 85%.. Thirty-two (32) pages of people have signed an online petition
opposing this.
Waverly Woods, 2453 Haversham Close, Phone: 749-8266, Member — Virginia Beach Chapter
of the Hampton Roads Tea Party, registered in OPPOSITION to private and public
partnerships DoubleTree by Hilton is a very strong "brand". There are at least a dozen
Convention Hotels that are branded as Doubletrees in large Metropolitan cities.
Diane Paradise, 3125 Genius Place, Phone: 563-2365, registered in OPPOSITION. She is
opposed to a private and public partnership and believes more consideration should be given
the DoubleTree.
Duff Kliewer, 205 77'" Street, Phone: 431-0033, local architectural firm, Cox Kliewer and
Company. For many years, this firm has done a wide variety of single, multi family and
lodging projects. Mr. Kliewer is speaking on behalf of Harmony Investments. Their firm has
been commissioned and is at the end of the design sequence on a luxury apartment complex on
the north side of the current Pavilion Hotel property. The apartment complex was designed to
be complimentary to the Convention Center, both from the standpoint of the fact that it is a
modern project, it employees or includes many of the same materials, some of the same building
systems and has the same sort of color pallet.
December 13, 2011
-42 -
PUBLIC COMMENT ITEM # 61500 (Continued)
Mayor Sessoms DECLARED PUBLIC COMMENT:
CONVENTION CENTER HEADQUARTERS HOTEL
Barbara Black, 2612 Broadbay Road, Phone: 478-0888, registered in OPPOSITION, and
requested taxpayer dollars not be involved in an investment that has such high risk. It is clear d
the taxpayers do not want this hotel at their expense. Baltimore, our closest competitor, has
taken this risk and has lost money with conventions. Waste from the local to the national level is
unconscionable. Direct your thoughts to conserving taxpayer dollars.
Gilbert Garcia, 900 Ringfield Road, Phone: 721-7531, registered in OPPOSITION, and has no
doubt this City needs a Convention Center. Citing some figures, Mr. Garcia advised in 2007,
there were three bids going up, one of them from the DoubleTree, Sunrise Development
Company. Amazingly, Armada Hoffler wanted a $250 -Million hotel and entertainment center
with a monorail at $65 -Million. Now, we are facing the same decision again. Mr. Garcia has a
problem with the idea property is taken through eminent domain from private citizens for one
purpose; to be given over to another. Mr. Garcia wishes City Council reconsider and allow
other bids, DoubleTree, in particular. Mr. Garcia expressed concern re the eminent domain
aspect.
Drake Tsioutsias, 965 Larkaway Court, Phone: 467-1357, resident since 1976, registered in
OPPOSITION. If procured by eminent domain, the project should not go forward.
Lawrence F. DeAngelo, 30 year resident, 516 King Arthur Drive, Phone: 424-1691, registered
in OPPOSITION and expressed concern as the taxpayer's funds are being utilized to finance a
private enterprise. If this project is so important, let Armada Hoffler build it themselves
Bryan Whitehurst, 428 Trotters Lane, Chesapeake, Virginia, Phone: 482-6484, proud owner of
a small mechanical contracting firm and has been in business for twenty-three (23) years,
registered in SUPPORT. A project of this magnitude would create several jobs during
construction, estimated at approximately one hundred (100) jobs.
Scott Taylor, 1206 Laskin Road, Phone: 343-3908, registered in OPPOSITION. Mr. Taylor
was representing the Virginia Beach citizens and expressed concern re the lack of transparency
in the terms, the rush time line to vote (which has changed) and wished to recommend a
different course of action He was personally not OPPOSED to public- private partnerships
and does believe the Convention Center is best served with an attached hotel. It is clear that
many of the speakers that were in SUPPORT of the project are still reviewing the now public
term sheet. He is very troubled that, if the term sheet, had not been "leaked", a very unaware
public to include those respected citizens as Virginia Beach Vision members would have had
only one opportunity to speak, with a vote the following week. Requested the City Council
reconsider their support.
John P. Kuchta, Jr., 1132 Little Neck Road, Phone: 468-9020, resident and small business
owner, registered in OPPOSITION, spoke in OPPOSITION years ago re the consideration of
the Hampton Roads Transportation Authority. The City Council ADOPTED the issue;
however, it was struck down by the Virginia State Supreme Court. This project compares to the
Authority.
December 13, 2011
-43 -
Item J.1.
PUBLIC COMMENT ITEM # 61500 (Continued)
William Stephany, 404 Pallets Road, Phone: (724) 486-4828, registered in OPPOSITION.
When the government is involved in business, it is hard for private companies to compete. When
the City can utilize eminent domain to take land from private citizens to give to a multi-million
dollar corporation, they can take anybody's land for any use.
Caleb Dobbs, 1100 Woodcock Lane, Phone: 620-6932, registered in OPPOSITION and
advised the citizens are not a "bank". If Hyatt wishes this project to go forward, let Hyatt
invest their own money, not ours.
Fay Kist, 5292 Shenstone Circle, Phone: 460-2833, registered in OPPOSITION. Ms. Kist
wishes the City Council would not vote in favor of the Convention Hotel. City Council's mission
is not that of a consortium formed to undertake a private business enterprise for building hotels
that is the job of investors, who wish to use their personal funds and the free market system. The
funds City Council is planning to utilize have not been voluntarily offered by the citizens who
labored to produce it. This requires a Referendum.
Greg Wilhelm -Wenzel, Pier Resort 14`h Street, Phone: (571) 243-4414, represented the Pier
Resort Project (a new construction project at the Pier), registered in SUPPORT. The
Convention Center is very important to the City and a Convention Center Hotel is needed. The
economics are at the best time to build. Interest rates are low and funds are 'freeing up".
Hyatt, Marriott, all the major brands and they all want to be in this market.
There being no further speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
Councilman Uhrin advised another opportunityfor Public Comment during the City Council
Session of January 10, 2012, and formal consideration will be scheduled for the City Council
Session of January 24, 2012.
December 13, 2011
-44 -
Item V.L.
ORDINANCES/RESOLUTIONS ITEM # 61501
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE
MOTION, Items 1, 2, 3 (AS REVISED) of the CONSENT AGENDA.
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara
M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William
D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay.-
None
ay:
None
Council Members Absent:
Harry E. Diezel
December 13, 2011
-45 -
Item V.L.I.
ORDINANCES/RESOLUTION ITEM # 61502
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Ordinance to RE -ADOPT the Southside Hampton Roads Hazard Mitigation
Plan to reduce monitoring natural disaster losses
Voting: 10-0 (By Consent)
Council Members Voting Aye.-
Glenn
ye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara
M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William
D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
December 13, 2011
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 TO RE -ADOPT THE SOUTHSIDE
HAMPTON ROADS HAZARD MITIGATION PLAN
WHEREAS, in an effort to reduce the Nation's mounting natural disaster losses, the
U.S. Congress passed the Disaster Mitigation Act of 2000 that requires, in part, that state
and local governments develop a hazard mitigation plan in order to remain eligible for pre -
and post -disaster mitigation funding;
WHEREAS, the City of Virginia Beach sponsored the development of a regional
hazard mitigation plan in 2006;
WHEREAS, the regional mitigation plan will meet all applicable Federal regulations
per the Disaster Mitigation Act of 2000 and local planning requirements established by the
Federal Emergency Management Agency (FEMA), as well as local planning requirements
for hazard mitigation required by the Virginia Department of Emergency Management;
WHEREAS, a FEMA -approved mitigation plan must be re -adopted by the local
governing bodies every five years for local communities to remain eligible for future grant
funds made available through FEMA's Pre -Disaster Mitigation (PDM) program and Hazard
Mitigation Grant Program (HMGP);
WHEREAS, in a letter dated November 15, 2011, FEMA provided notice that the
Southside Hampton Roads Hazard Mitigation Plan is "approvable" pending each
participating jurisdiction's approval of that portion of the overall plan that affects them.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That after the required five (5) year review, the Southside Hampton Roads Hazard
Mitigation Plan is hereby approved and re -adopted for the City of Virginia Beach.
Adopted by the Council of the City of Virginia Beach, Virginia this 1 3thday of
December 2011.
APPROVED AS TO CONTENT:
G'
Emergency Management Office
CA12086
R-1
December 2, 2011
APPROVED AS TO LEGAL
SUFFICIENCY:
City A ey's ffi
City of Virginia Beach
Hazard Mitigation Plan — Abstract
INTRODUCTION
The following is an abstract of the 2011 update of the Southside Hampton Roads
Hazard Mitigation Plan. It provides a brief overview of the basic components of the
plan and the supporting analsyis of our community's vulnerability to natural hazards.
The plan also features potential mitigation strategies the City may want to explore to
mediate the impacts of diasters.
PURPOSE
This plan satisfies the requirements of the Disaster Mitigation Act (DMA) 2000, and is a
collective effort between Isle of Wight County, Norfolk, Portsmouth, Smithfield, Suffolk,
Virginia Beach, and Windsor. It identifies the region's risk of natural hazards (i.e.,
hurricanes, tornados, lightning storms, etc.), highlights each jurisdiction's capabilities
and vulnerabilities, and details strategies to remedy shortfalls and further prepare the
community. This plan is a required for future mitigation funding eligibility. The spirit of
the DMA 2000 is not to impose a federal mandate on state and local governments, but
rather to encourage proactive steps toward protecting communities — not only through
post -disaster mitigation activities, but more importantly, through pre -disaster mitigation
planning in all areas of government. Funding is provided by FEMA and VDEM through
Hazard Mitigation Grant Program (HMGP) funds.
PLANNING METHODOLOGY
The methodology for this plan is defined by FEMA requirements and is meant to provide
a comprehenive and quantitative assessment of mitigation issues. A key element of the
planning process is the establishment of a planning team. The planning team then
identifies those hazards that might impact the community. The history and relative risks
from these hazards are quantified in relation to frequency, impact, and criticality. The
planning team then looks at community vulnerability in terms of the physical properties
at risk, as well as the population. From this analysis the hazards are ranked and
defined. Additional steps include looking at the capabilities for the management of risk,
as well as mitigation strategies that the community may want to consider.
South Hamtpon Roads Hazard Rankings
CRITICAL HAZARDS - HIGH RISK
CRITICAL HAZARDS —
MODERATE RISK
CRITICAL HAZARDS - LOW RISK
Sea Level Rise and Land Subsidence
Hazardous Materials Incidents
Urban Fires
Flood (100 -Year)
Tornadoes
Wildfires
Hurricanes and Tropical Storms
Severe Thunderstorms and Hail
Drought
Winter Storms and Nor'easters
Lightning
Dam Failures
Floods (Storm Surge)
Shoreline Erosion
Earthquake
Extreme Heat
Radiolocial Threats
Mosquito Borne Disease
Terrorism
Biological Threats
MITIGATION GOALS
The analysis and consideration of the risk associated with those hazards became the
basis for the development of various mitigation goals for the region and the City of
Virginia Beach. The following are the regional strategies that are identifed to create
jurisdiction -specific goals.
2011 South Hampton Roads Mitigation Goals
Goal 1: Protect critical facilities and infrastructure, including bridges, utilities, and
evacuation routes, from high risk hazards.
Goal 2: Conduct public education programs to protect lives and property.
Goal 3: Protect property, including neighborhoods, homes, and businesses.
Goal 4: Integrate mitigation concepts into local and regional government actions.
Goal 5: Identify opportunities to implement green environmental -friendly and energy-
efficient technologies as part of the mitigation strategy.
SUMMARY
This plan has been developed to meet FEMA requirements for mitigation plan
development and is required in order to allow the City to seek assistance under the
Hazard Mitigation Grant Program after major disasters. Beyond this requirement, the
plan ensures the City's comprehensive emergency planning and considers mitigation
opportunities to prepare for and lessen the impact of disasters. These materials further
provide an analysis of the relative risks and potential impacts associated with natural
disasters and serve as a planning reference in understanding Virginia Beach's specific
risks and hazards. Of note in this update is the inclusion of Sea Level Rising as a new
hazard to integrate into our planning efforts. This plan will provide a focal point for the
integration of mitigation strategies into the overall City emergency preparedness
program.
wom
Item V L.2.
ORDINANCES/RESOLUTION ITEM # 61503
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Ordinances to AUTHORIZE the City Manager to EXECUTE Leases:
a. Richmond 20MHz, LLC, dIb/a/ NTELOS re wireless telecommunications at Murden 's Corner
b. WeatherFlow, Inc. re navigational aid tower ("Jetty Light 4) at Rudee Inlet
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara
M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William
D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay.-
None
ay:
None
Council Members Absent:
Harry E. Diezel
December 13, 2011
1 AN ORDINANCE TO AWARD A LEASE OF A PORTION OF
2 THE CITY PROPERTY LOCATED AT MURDEN'S CORNER
3 (GPIN 1494-69-9058) FOR THE PURPOSE OF
4 CONSTRUCTING, MAINTAINING AND OPERATING
5 WIRELESS TELECOMMUNICATIONS FACILITIES
6
7 WHEREAS, the Clerk has laid before the City Council an ordinance adopted
8 October 11, 2011, providing for bids for a lease of a portion of the City property located at
9 Murden's Corner (GPIN 1494-69-9058), in the Princess Anne District, for the purpose of
10 constructing, maintaining and operating wireless telecommunications facilities, together
11 with a certificate of due publication of the same once per week for two successive weeks in
12 a newspaper of general circulation in the City, in the manner prescribed by law; and
13
14 WHEREAS, Richmond 20MHz, d/b/a NTelos Wireless, has submitted the highest
15 bid for the award of such lease, which bid was delivered to the Mayor in open session on
16 the day and hour named in the advertisement and was read aloud; and
17
18 WHEREAS, the Mayor then and there inquired for any further bids, and none were
19 submitted; and
20
21 WHEREAS, in the opinion of the City Council, it is expedient and in the best
22 interests of the City that the said lease should be granted to Richmond 20MHz, d/b/a
23 NTelos Wireless;
24
25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
26 VIRGINIA BEACH, VIRGINIA:
27
28 1. That the bid of Richmond 20MHz, d/b/a NTelos Wireless be, and hereby is,
29 accepted, and that the aforesaid lease be, and hereby is, awarded to Richmond 20MHz,
30 d/b/a NTelos Wireless, upon the conditions set forth in such lease.
31
32 2. That the name of Richmond 20MHz, d/b/a NTelos Wireless shall be inserted
33 in the aforesaid lease, and that the City Manager shall execute, on behalf of the City, the
34 aforesaid lease entitled "Ground Lease Agreement (Murden's Corner)), City of Virginia
35 Beach, Lessor and Richmond 20MHz, d/b/a NTelos (Lessee) a summary of the material
36 terms of which is hereto attached and a copy of which is on file in the Office of the City
37 Attorney.
38
39
40 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 �thday of
41 D Pmher 2011.
APPROVED AS TO CONTENT:
�,,`�L1i
Public Works acilities Management
CA -12060
R-1
November 28, 2011
APPROVED AS TO LEGAL
SUFFICIENCY"ff�ice
City Attorney's
NTELOS LEASE AGREEMENT
Summary of Material Terms
Location: Murden's Corner, near 2500 Block of Holland Road (Princess Anne District)
Use: Personal wireless telecommunications facilities consisting of antenna array on
existing high-voltage transmission tower and equipment cabinet housing associated
equipment
Lessee: Richmond 20MHz, LLC, d/b/a/ NTELOS
Leased Area: 20' x 35' leased area, together with necessary ingress/egress easements
Term: Ten years with two 5 -year options to renew
Rent: $6,955.64 for the first year; 3% annual increase after 1st year
Other: Lessee's operation not to interfere with City functions; Lessee must correct
interference immediately or, if not correctable, lease may be terminated within 30
days
Lessee may expand, etc. building only with City's consent
Lessee required to comply with all terms of conditional use permit
Lessee required to carry $1,000,000 comprehensive insurance, plus other insurances
Lessee required to indemnify City for injuries, etc., caused by Lessee's negligence,
etc.
Lessee must remove antennas and building and restore premises to original condition
within 90 days of expiration or termination of lease
Lease terminable if property is taken for public use; City not liable for any
compensation to lessee
11/30/2011
Location Map
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO EXECUTE A 40 -YEAR LEASE
3 WITH WEATHERFLOW, INC. FOR CITY -
4 OWNED NAVIGATIONAL AID TOWER ("JETTY
5 LIGHT 4") LOCATED ON THE NORTH SIDE OF
6 RUDEE INLET
7
8 WHEREAS, the City of Virginia Beach (the "City") owns a navigational aid tower
9 commonly known as "Jetty Light 4" located on the North Side of Rudee Inlet;
10
11 WHEREAS, WeatherFlow, Inc. ("WeatherFlow") desires to enter into a lease
12 agreement for use of Jetty Light 4 for the purpose of attaching, maintaining and operating
13 weather data gathering equipment; and
14
15 WHEREAS, WeatherFlow will allow the City access to its weather collection data at
16 no charge, which will provide a useful resource to the City.
17
18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL.OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA:
20
21 That the City Manager is hereby authorized to execute a lease for a term of forty
22 (40) years, between WeatherFlow, Inc. and the City of Virginia Beach, in accordance with
23 the Summary of Terms attached hereto as Exhibit A, and made a part hereof, and such
24 other terms and conditions deemed necessary and sufficient by the City Manager and in a
25 form deemed satisfactory to the City Attorney.
26
27 Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day of
28 December , 2011.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
t ,
Public Wor / Operations City Attorney
Manager \�
CA 11960
\\vbgov.com\DFS1Wpplications\CityLawProd\cycom32\W pdocs\D028\P013\00049091.DOC
R-1
December 2, 2011
EXHIBIT A
SUMMARY OF TERMS
LEASE TO WEATHERFLOW, INC.
LESSOR: City of Virginia Beach ("City")
LESSEE: WeatherFlow, Inc. ("WeatherFlow")
PROPERTY: Space on the navigational aid tower, commonly known as "Jetty Light
4", owned by the City and located on the North Side of Rudee Inlet
TERM: Forty (40) years
RENT: None. WeatherFlow will provide the City with access to its weather
data at no charge to the City
RIGHTS AND RESPONSIBILITIES OF LESSEE:
• Provide City with access to WeatherFlow's data using WeatherFlow's web -based
applications at no charge to the City.
• Purchase and maintain workers' compensation and employers liability insurance in
the minimum amount of $500,000 each accident, commercial general liability and
professional liability insurance in the minimum amount of $2,000,000 each.
• Indemnify City from liability for injury, loss, accident or actual damage to any person
or property.
RIGHTS AND RESPONSIBILITIES OF LESSOR:
• Allow WeatherFlow access to the site upon 24 -hours' advance written notice from
WeatherFlow.
• WeatherFlow data is for City use only; City may not republish or redistribute data
without WeatherFlow's written consent.
TERMINATION:
• Either party may terminate the lease upon thirty (30) days' advance written notice to
the other party.
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-47 -
Item V.L.3.
ORDINANCES/RESOLUTION ITEM # 61504
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
REVISED RESOLUTION to DIRECT the City Manager and the
Consolidated Benefits Office Staff to implement the Health Risk Incentive
program as part of the Health Plan offered to City employees for Plan Year
2013
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara
M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William
D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay.-
None
ay:
None
Council Members Absent:
Harry E. Diezel
December 13, 2011
REQUESTED BY MAYOR SESSOMS, VICE -MAYOR JONES, and COUNCILMEMBERS
DAVIS, DESTEPH, DIEZEL, DYER, HENLEY, MOSS, UHRIN, WILSON and WOOD
1 A RESOLUTION OFFERING DIRECTION TO THE CITY
2 MANAGER REGARDING THE CITY'S HEALTH CARE
3 OFFERINGS FOR PLAN YEAR 2013
4
5 WHEREAS, the City provides access to health insurance coverage to its
6 employees and retirees who retire under the Virginia Retirement System;
7
8 WHEREAS, the cost of providing health insurance coverage has continued to
9 rise and is expected to significantly increase in the upcoming years;
10
11 WHEREAS, it is the desire of the City Council to improve the health of City
12 employees, workplace productivity and reduce the rising cost of health care;
13
14 WHEREAS, City and School staff have recommended implementation of a health
15 risk incentive program in coordination with the health insurance coverage to achieve
16 these goals;
17
18 WHEREAS, City Council was briefed on the health risk incentive program in
19 which employees would receive an incentive for voluntarily undergoing a health risk
20 assessment reviewing the following risk factors: (1) tobacco use; (2) exercise frequency;
21 (3) blood pressure; (4) cholesterol; and (5) body mass index and consulting with a
22 health coach; and
23
24 WHEREAS, City Council, as recommended by City and School staff, supports
25 the implementation of the health risk incentive program in coordination with the health
26 insurance coverage to meet these goals.
27
28 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
29 VIRGINIA BEACH, VIRGINIA:
30
31 The City Manager is hereby directed to work with Consolidated Benefits Office
32 staff to implement the health risk incentive program as part of the health insurance plan
33 offered to City employees.
Adopted by the Council of the City of Virginia Beach, Virginia on the 1 _jth day of
December , 2011.
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
CA12089 R-5 December 13, 2011
Item V.M.
PLANNING
1. KEITH P. and CHERI N. CARL
Z CITY OF VIRGINIA BEACH
-48 -
ITEM # 61505
3. ATLANTIC DEVELOPMENT ASSOCIATES, LLC
SUBDIVISION VARIANCE
STREET CLOSURE
NONCONFORMING USE
4. ASHVILLE PARK, LLC/ATC REALTY SIXTEEN, INC. MODIFICATION OF PROFFERS
(Conditional Change of Zoning/
Approved May 10, 2005)
5. SENTARA VILLAGE — VIRGINIA BEACH/
6. NEW TODAYBUS, INC. NE WTO WN BAKER SC
MODIFICATION OF CONDITIONAL
USE PERMIT (Approved:
November 13, 1990 and August 25, 1992
Hospice Services
CONDITIONAL USE PERMIT/
7. AUTO PROPERTIES, LLC/KHREAL ESTATE, LLC CONDITIONAL CHANGE OF ZONING
CONDITIONAL USE PERMIT
December 13, 2011
Item V.M.
PLANNING
-49 -
ITEM # 61506
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE
MOTION, BY CONSENT, Item 1 (DEFERRED 2/14/2012), Item 2 (DEFERRED INDEFINITELY),
Item 3, Item 4 (DEFERRED 1/10/2012), Item 5 (ADDING HOSPICE CARE), Item 6 and 7a/b of the
PLANNING BY CONSENT AGENDA.
Council Lady Henley shall vote a VERBAL NAY on Item 7a/b AUTO PROPERTIES, LLC/KH REAL
ESTATE, LLC
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara
M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William
D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay.-
None
ay:
None
Council Members Absent:
Harry E. Diezel
December 13, 2011
Item VM. I.
PLANNING
-50 -
ITEM # 61507
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED TO
FEBRUARY 14, 2012, BY CONSENT, Variance to §4.4(b) of the Subdivision Ordinance that requires all
newly created lots meet the requirements of the City Zoning Ordinance (CZO) for KEITH P. and CHERI N.
CARL re an existing lot at 4824 Lake Bradford Lane. DISTRICT 4 - BAYSIDE DISTRICT
KEITH P. & CHERI N. CARL, Subdivision Variance, 4824 Lake Bradford
Lane (GPIN 1479398383). DISTRICT 4 - BAYSIDE
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara
M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William
D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
December 13, 2011
-51 -
Item V M2.
PLANNING ITEM # 61508
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED
INDEFINITELY, BY CONSENT, Ordinance upon application of the CITY OF VIRGINIA BEACH for a
Street Closure at 408 Laskin Road. DISTRICT 6 - BEACH
Ordinance upon application of the CITY OF VIRGINIA BEACH for the
Closure of a portion of right-of-way west of property at 408 Laskin Road
(GPIN 2418926002) DISTRICT 6 - BEACH
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara
M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William
D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
December 13, 2011
Item V.M3.
PLANNING
-52 -
ITEM # 61509
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, a Resolution upon Application of ATLANTIC DEVELOPMENT ASSOCIATES, LLC for a
Nonconforming Use re a second single-family dwelling at 8004 Atlantic Avenue. (GPIN 24195878902200)
DISTRICT 5 - LYNNHAVEN
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Resolution Authorizing the Conversion of a Nonconforming Use on
Property Owned by Atlantic Development Associates, LLC and located at
8004 Atlantic Avenue (GPIN 24195878902200).
DISTRICT 5 - LYNNHAVEN
The following conditions shall be required.•
The alterations shall substantially adhere to the submitted Site Plan entitled, "Conceptual Site
Plan; 8004 "A " & 8004 `B " Atlantic Avenue ", prepared by WPL and dated June 30, 2011. Said
Plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning
Department.
2. The proposed alterations shall substantially adhere to the submitted elevations entitled, "Site
Plan; 8004 "A " & 8004 "B " Atlantic Avenue ", prepared by WPL and dated June 30, 2011. Said
elevations have been exhibited to the City of Virginia Beach City Council and are on file in the
Planning Department.
3. All required permits for the proposed additions and alterations shall be obtained from the
Planning Department/Permits and Inspections Division.
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara
M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William
D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
December 13, 2011
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A RESOLUTION AUTHORIZING THE
CONVERSION OF A NONCONFORMING
USE ON PROPERTY OWNED BY ATLANTIC
DEVELOPMENT ASSOCIATES, LLC AND
LOCATED AT 8004 ATLANTIC AVENUE
WHEREAS, Atlantic Development Associates, LLC and 8004 Atlantic Avenue a
Condominium, (hereinafter the "Applicants") have made application to the City Council
for authorization to convert a nonconforming use located at 8004 Atlantic Avenue, in the
R -5R, Residential Zoning District, by demolishing a garage apartment and replacing it
with a single-family dwelling on the same lot; and
WHEREAS, the garage apartment is nonconforming as it was built prior to the
adoption of the applicable zoning regulations, and the additional single-family dwelling
on a single lot is not allowed in the R -5R Residential Zoning District, so this demolition
and construction is a conversion of the nonconforming use; and
WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the
conversion of a nonconforming use is unlawful in the absence of a resolution of the City
Council authorizing such action upon a finding that the proposed use, as converted, will
be equally appropriate or more appropriate to the zoning district than is the existing use;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Council hereby finds that the proposed use, as converted, will be
equally appropriate to the district as is the existing nonconforming use under the
conditions of approval set forth hereinbelow.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the conversion of the nonconforming use is hereby authorized, upon the
following conditions:
1. The alterations shall substantially adhere to the submitted site plan entitled,
"Conceptual Site Plan; 8004 "A" & 8004 "B" Atlantic Avenue", prepared by
WPL and dated June 30, 2011. Said plan has been exhibited to the City of
Virginia Beach City Council and is on file in the Planning Department.
2. The proposed alterations shall substantially adhere to the submitted elevations
entitled, "Site Plan; 8004 "A" & 8004 "B" Atlantic Avenue", prepared by WPL
and dated June 30, 2011. Said elevations have been exhibited to the City of
Virginia Beach City Council and are on file in the Planning Department.
3. All required permits for the proposed additions and alterations shall be
obtained from the Planning Department/Permits and Inspections Division.
48
49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 13t -h day
50 of r)t c t -h - , 2011.
APPROVED AS TO CONTENT
Caw•�&- UZ
Planning Department
CA12091
R-1
November 30, 2011
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
-53 -
Item V M4.
PLANNING ITEM # 61510
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED TO
JANUARY 10, 2012, BY CONSENT, Ordinance upon application of ASHVILLE PARK, LLC/ATC
REALTY SIXTEEN, INC. for the Modification of Proffers 11, 18, 19 and 30 (approved on a Conditional
Change of Zoning by City Council on May 10, 2005) at Princess Anne Road Ashville Park, Village B. (GPIN
2413165292) DISTRICT 7 - PRINCESS ANNE
Ordinance upon application of ASHVILLE PARK, LLC/ATC REALTY
SIXTEEN, INC., Modification of Conditional Change of Zoning, East side
of Princess Anne Road Village B, South side of Ashville Park (GPIN
2413165292). DISTRICT 7 -PRINCESS ANNE
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara
M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William
D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
December 13, 2011
Item V M.5.
PLANNING
-54 -
ITEM # 61511
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED AS
CONDITIONED/ADDING HOSPICE CARE FACILITY, BY CONSENT, Ordinance upon application of
SENTARA VILLAGE — VIRGINIA BEACHISENTARA LIFE CARE CORPORATION for a
Modification of a Conditional Use Permit (approved by City Council on November 13, 1990 and August 25,
1992) at 3751 Sentara Way. (GPIN 1487423567) DISTRICT 3 - ROSE HALL
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of SENTARA VILLAGE — VIRGIN19
BEA CHISENTARA LIFE CARE CORPORA TIONfor a Modification oLy
a
Conditional Use Permit (approved by City Council on November 13, 1990
and August 25, 1992) at 3751 Sentara Way. (GPIN 1487423567)
DISTRICT 3 - ROSE HALL
The following conditions shall be required:
1. All conditions, with the exception of Number 5 and 8, attached to the Modification of Conditions
of the Conditional Use Permit granted by the City Council on August 25, 1992, shall remain in
effect.
2. Condition Number 5 and 8 of the Modification of Conditions of the Conditional Use Permit
identified above is modified to allow a maximum of 123 nursing beds and 80 assisted living
beds.
3. The site layout, including parking, access drive and building additions shall be constructed in
substantial conformance with the Plan entitled, "Sentara Hospice Center, "prepared by Langley
& McDonald, Inc., which has been exhibited to the Virginia Beach City Council and is on file in
the Planning Department.
4. The building additions shall be constructed in substantial conformance with the elevations
entitled, "Hospice Addition, Sentara Life Care, "prepared by PF&A, which have been exhibited
to the Virginia Beach City Council and are on file in the Planning Department.
5. The additional plant material to be added to the site shall, at a minimum, be as depicted on the
exhibit entitled, "Landscape Concept Plan, " prepared by In Sites Landscape Architecture,
which has been exhibited to the Virginia Beach City Council and is on file in the Planning
Department.
This Ordinance shall be effective in accordance with Section 107 (fi of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Thirteenth of December, Two
Thousand Eleven
December 13, 2011
Item V M. S.
PLANNING
Voting: 10-0 (By Consent)
Council Members Voting Aye:
ITEM # 61511 (Continued)
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara
M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William
D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Council Members Absent:
Harry E. Diezel
December 13, 2011
-56 -
Item V.M.6.
PLANNING ITEM # 61512
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED AS
CONDITIONED, Ordinance upon application of NEW TODAY BUS, INC./NEWTO WNBAKER SCfor a
Conditional Use Permit re a bus terminal at 649 Newtown Road, Suite 101. (GPIN 1468313784)
DISTRICT 2 - KEMPSVILLE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of NEW TODAY BUS, INC./NEWTOWN
BAKER SC for a Conditional Use Permit re a bus terminal at 649
Newtown Road, Suite 101. (GPIN 1468313784)
DISTRICT 2 — KEMPSVILLE RO121137451
The following conditions shall be required:
When buses are not in operation, they shall be parked in the designed "overnight parking"
spaces as shown within the marked -up Site Plan entitled, "Newtown Baker Crossing" and
by S.L. Nusbaum Realty. Said Plan has been exhibited to the Virginia Beach City Council
and is on file with the Virginia Planning Department.
2. A landscape buffer shall be installed within the area North of the designated "overnight
parking" spaces as shown on the marked -up Site Plan entitled, "Newtown Baker Crossing"
and by S.L. Nusbaum Realty. Category VI plant material shall be provided, except when
within the Dominion transmission rights-of-way where the plant material shall conform to
Category I plant material.
3. Buses shall load and unload in the designated loading and unloading area as shown on the
marked -up Site Plan entitled, "Newtown Baker Crossing" and by S.L. Nusbaum Realty.
Said Plan has been exhibited to the Virginia Beach City Council and is on file with the
Planning Department.
4. There shall be a restroom, located in Suite 101, and available to passengers during all
hours that the facility is in operation.
5. At least twenty (20) seats shall be available within the office for passengers to wait before or
after their scheduled bus departs or arrives.
6. No transfers or connections onto other buses shall be conducted onsite.
7. No vehicle service repair or maintenance activities shall be performed at this site.
8. The applicant shall obtain all the necessary permits, inspections and approvals from the
Fire Department and the Permits and Inspections Division of the Planning Department. A
Certificate of Occupancy for the use shall be obtained from the Permits and Inspections
Division of the Planning Department.
9. The operation of the buses shall be limited to the schedule provided by the applicant:
Three times daily - 12:30AM, 10:30AMand 3: 30PM
December 13, 2011
Item V.M.6.
PLANNING
-57 -
ITEM # 61512 (Continued)
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Thirteenth of December, Two
Thousand Eleven
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara
M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William
D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
December 13, 2011
Item V.M. 7.a/h
PLANNING
S:
ITEM # 61513
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED AS
PROFFERED, BY CONSENT, Applications of AUTO PROPERTIES, LLC/KH REAL ESTATE, LLC at
326 and 330 Malibu Drive: (GPIN14876552850000/14876551980000) DISTRICT 5 - LYNNHAVEN
a. Conditional Change of Zoning from R-7.5 to Conditional B-2
b. Conditional Use Permit re motor vehicle sales and service expansion
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of AUTO PROPERTIES, LLC/KH REAL
ESTATE, LLC at 326 and 330 Malibu Drive: (GPIN
14876552850000/14876551980000) DISTRICT 5 - LYNNHAVEN
a. Conditional Change of Zoning from R-7.5 to Conditional B-2
b. Conditional Use Permit re motor vehicle sales and service expansion
RO 121137452
1. An agreement encompassing proffers shall be recorded with the Clerk of the
Circuit Court and is hereby made a part of the record.
This Ordinance shall be effective in accordance with Section 107 ()q of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Thirteenth of December, Two
Thousand Eleven
Voting: 9-1 (By Consent)
Council Members Voting Aye.-
Glenn
ye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Vice
Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr.,
John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay.-
Barbara
ay:
Barbara M. Henley*
Council Members Absent:
Harry E. Diezel
December 13, 2011
N1A�BFAc�
In Reply Refer To Our File No. DF8151
TO: Mark D. Stiles
h
FROM: B. Kay Wilso
CITY OF VIRGINIA BEACH
INTER -OFFICE CORRESPONDENCE
DATE: October 13, 2011
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application; KH Real Estate, LLC ;
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on October 25, 2011. 1 have reviewed the subject proffer agreement, dated
July 22, 2011 and have determined it to be legally sufficient and in proper legal form. A
copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/ks
Enclosure
cc: Kathleen Hassen
u
P
I
In Reply Refer To Our File No. DF8151
TO: Mark D. Stiles
h
FROM: B. Kay Wilso
CITY OF VIRGINIA BEACH
INTER -OFFICE CORRESPONDENCE
DATE: October 13, 2011
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application; KH Real Estate, LLC ;
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on October 25, 2011. 1 have reviewed the subject proffer agreement, dated
July 22, 2011 and have determined it to be legally sufficient and in proper legal form. A
copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/ks
Enclosure
cc: Kathleen Hassen
KH REAL ESTATE, LLC, a Virginia limited liability company
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 22nd day of July, 2011, by KH REAL ESTATE,
LLC, a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA
BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee.
WITNESSETH:
WHEREAS, the Grantor is the owner of two (2) certain contiguous parcels of
property located in the Rose Hall District of the City of Virginia Beach, containing
approximately sixteen thousand (16,000) square feet and described in Exhibit "A"
attached hereto and incorporated herein by this reference, said parcels being
hereinafter referred to as the "Property"; and
WHEREAS, the Grantor has initiated a conditional amendment to the Zoning
Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to
change the Zoning Classification of the Property from R-7.5 Residential District to
Conditional B-2 Community Business District; and
WHEREAS, the Grantee's policy is to provide only for the orderly development
of land for various purposes through zoning and other land development legislation;
and
GPIN: 1487-65-5285
1487-65-5198
Prepared By:
R. Edward Bourdon, Jr., Esquire
Sykes, Bourdon, Ahern & Levy, P.C.
281 Independence Blvd.
Pembroke One, Fifth Floor
Virginia Beach, Virginia 23462
1
WHEREAS, the Grantor acknowledges that the competing and sometimes
incompatible development of various types of uses conflict and that in order to permit
differing types of uses on and in the area of the Property and at the same time to
recognize the effects of change that will be created by the Grantor's proposed rezoning,
certain reasonable conditions governing the use of the Property for the protection of the
community that are not generally applicable to land similarly zoned are needed to
resolve the situation to which the Grantor's rezoning application gives rise; and
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and
prior to the public hearing before the Grantee, as a part of the proposed amendment to
the Zoning Map with respect to the Property, the following reasonable conditions
related to the physical development, operation, and use of the Property to be adopted as
a part of said amendment to the Zoning Map relative and applicable to the Property,
which has a reasonable relation to the rezoning and the need for which is generated by
the rezoning.
NOW, THEREFORE, the Grantor, its successors, personal representatives,
assigns, grantees, and other successors in title or interest, voluntarily and without any
requirement by or exaction from the Grantee or its governing body and without any
element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit,
or subdivision approval, hereby makes the following declaration of conditions and
restrictions which shall restrict and govern the physical development, operation, and
use of the Property and hereby covenant and agree that this declaration shall constitute
covenants running with the Property, which shall be binding upon the Property and
upon all parties and persons claiming under or through the Grantor, its successors,
personal representatives, assigns, grantees, and other successors in interest or title:
1. When the Property is redeveloped, it shall be resubdivided and, by
vacation of all internal property lines, incorporated into the adjacent commercially
zoned parcel abutting the eastern and southern boundaries.
2. When the Property is redeveloped, it shall only be used for surface
parking substantially in accordance with the exhibit entitled "CONCEPT PLAN, 49
SPACE EMPLOYEE OVERFLOW PARKING LOT", dated July 22, 2011. prepared by
Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City
Council and is on file with the Virginia Beach Department of Planning (hereinafter
"Concept Plan")
2
3. When the Property is developed, the fencing and permanent landscape
buffer areas shall be installed and maintained along the western boundary of the
Property and adjacent to Malibu Drive as depicted and described on the Concept Plan.
4. When the Property is developed, all exterior lighting shall be low
intensity and residential and in accordance with Section 237 of the City Zoning
Ordinance, all outdoor lights shall be shielded to direct light and glare onto the parldng
lot; said lighting and glare shall be deflected, shaded and focused away from all
adjoining property.
5. Further conditions or restrictions against the Property may be required
by Grantee during the detailed Site Plan review and administration of applicable codes
and regulations of Grantee by all appropriate agencies and departments of Grantee.
All references hereinabove to R-7.5 and B-2 Districts and to the requirements
and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and
Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of
approval of this Agreement by City Council, which are by this reference incorporated
herein.
The above conditions, having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall
continue in full force and effect until a subsequent amendment changes the zoning of
the Property and specifically repeals such conditions. Such conditions shall continue
despite a subsequent amendment to the Zoning Ordinance even if the subsequent
amendment is part of a comprehensive implementation of a new or substantially
revised Zoning Ordinance until specifically repealed. The conditions, however, may be
repealed, amended, or varied by written instrument recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner
of the Property at the time of recordation of such instrument, provided that said
instrument is consented to by the Grantee in writing as evidenced by a certified copy of
an ordinance or a resolution adopted by the governing body of the Grantee, after a
public hearing before the Grantee which was advertised pursuant to the provisions of
Section 15.2-2204 of the Code of Virginia, 1950, as amended Said ordinance or
resolution shall be recorded along with said instrument as conclusive evidence of such
consent, and if not so recorded, said instrument shall be void.
The Grantor covenants and agrees that:
3
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary authority, on behalf of the governing body of the City of
Virginia Beach, Virginia, to administer and enforce the foregoing conditions and
restrictions, including the authority (a) to order, in writing, that any noncompliance
with such conditions be remedied, and (b) to bring legal action or suit to insure
compliance with such conditions, including mandatory or prohibitory injunction,
abatement, damages, or other appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause
to deny the issuance of any of the required building or occupancy permits as may be
appropriate;
(g) If aggrieved by any decision of the Zoning Administrator, made pursuant
to these provisions, the Grantor shall petition the governing body for the review thereof
prior to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances and
the conditions may be made readily available and accessible for public inspection in the
office of the Zoning Administrator and in the Planning Department, and they shall be
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia,
and indexed in the names of the Grantor and the Grantee.
0
WITNESS the following signature and seal:
Grantor:
KH Real Estate, LLC,
a Virginia limited liability company
By. q 4 �-Y (SEAL)
Kenneth A. Hall, Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit: _
The f�egoing instrument was aclmowledged before me this �, day of
2o11, by Kenneth A. Hall, Manager of KH Real Estate, LLC, a
Virginia limited liability company, Grantor.
QOL���tttS�tttfttKpr
Notary blic I�
CU _.
My Commission Expires: S
Notary Registration No.: '709 Y Yak
O �\
�IfFf R i 9\3,
EXHIBIT "N'
ALL THOSE certain lots, pieces or parcels of land, with the improvements thereon, and
appurtenances thereunto belonging, lying, situate and being in the City of Virginia
Beach, Virginia, and known, numbered and designated as Lots 1 and 2, on that certain
plat entitled "SUBDIVISION OF MALIBU" SECTION — i PRINCESS ANN COUNTY,
VA.", made by Frank D. Tarrall, Jr. & Associates, dated 1960, which plat is duly
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia,
in Map Book 50, at Page 17.
GPIN: 1487-65-5198
1487-65-5285
\\Sykesw2k\users\AM\Conditional Rezoning\KH Real Estate\Proffer Agreement.doc
R
IWE
Item V -NN, I.
APPOINTMENTS ITEM # 61514
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
BIKEWAYS AND TRAILS ADVISORY COMMITTEE
COMMUNITY SERVICES BOARD
DEFERRED COMPENSATION BOARD
PARKS AND RECREATION COMMISSION
PLANNING COMMISSION
December 13, 2011
Item V -N.2.
APPOINTMENTS ITEM # 61515
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Dr. Victoria Strasnick
Unexpired term thru 03/31/2013
HEALTH SERVICES ADVISORY BOARD
Voting: 10-0
Council Members Voting Aye.-
Glenn
ye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara
M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William
D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
December 13, 2011
-61 -
Item V -N.3.
APPOINTMENTS ITEM # 61516
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Barbara Yates
Effective 12/13/2011
OLD BEACH DESIGN REVIEW COMMITTEE
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara
M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William
D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
December 13, 2011
-62 -
Item V.O.
ADJOURNMENT ITEM # 61517
Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 7.45 P.M.
(� ---------- ----
Beverly O. Hooks, CMC
Chief Deputy City Clerk
uih Hodges Fraser, MMC
City Clerk
City of Virginia Beach
Virginia
William D. Sessoms, Jr.
Mayor
December 13, 2011
Item V O.
ADJOURNMENT
-62 -
ITEM # 61517
Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 7.45 P.M.
------- -- - - - - - ---
Beverly . ooks, CMC
Chief Deputy City Clerk
�� --- ---- -------------- ---
th Hodges Fraser, MMC William D. Sessoms, Jr.
City Clerk Mayor
City of Virginia Beach
Virginia
December 13, 2011