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JANUARY 10, 2012 MINUTES-1- VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 10, 2012 Mayor William D. Sessoms, Jr., called to order the CITY MANAGER'S BRIEFING, re the COMPARATIVE INDICATORS TO OTHER HAMPTON ROADS CITIES in the City Council Conference Room, at 3:00 P.M. Council Members Present: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, 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: Robert M. Dyer January 10, 2012 -2- CI T YMANAGER'SBRIEFING COMPARATIVE INDICATORS 3: 00 P.M. ITEM # 61 Sl8 City Manager, James Spore introduced David Bradley, Management Services Administrator, and advised this is just another part of the Budget Process. Many of you saw last week's Wall Street 24/7, which stated Virginia Beach is the "The Best Ran City " in America. It was interesting as we were finalizing this report to note that and a lot of the data they use is in this report or similar to it. FY 2012-13 Budget Preparation • November 15"'-Five Year Forecast Presentation •: Today- Regional Comparison Briefing .• March 27th- Presentation of the City Manager's Proposed Budget & CIP to City Council •: City Council Workshops-April 3rd, 10th, 17th, and 24th :• Public Hearings -April 19th and 24th • May In -Budget Reconciliation Workshop :• May Stn - FY13 Budget and CIP Adoption This information is from the Auditor of Public Accounts and the Expenditures are by Category in this Region. Education is the highest funded item in every locality and Public Safety is second, with Health and Welfare third and Public Works fourth. Expenditures By Category ^GeneralGovernmentAdminlstration oPublicSafetyandludicialAdministration ®Public Works ®Heahh and Welfare Education ^ Parks, Recreation, and Cultural ®Communi[yDeveloprneM 100.0°/ _ ,. _. _. .... .._._ _ .._ ,.... 80.0% 57.9% 43.0°,6 44.0% 47.3% 50.3% S1.lY 60.0% 54.1% i... ,__ 40.0% ~ ~ I .. 20.0% :r3 ~ , G.0% ~ ..... _ . Virginia Chesapeake Norfolk Portsmouth Hampton Newport. Suffolk Beach News.^ Source: 2010 Comparative Report of Local Governmetn Revenues and Expenditures .Virginia AudHOr of Public AccouMS. January 10, 2012 -3- CITYMANAGER'SBRIEFING COMPARATIVE INDICATORS 3:00 P.M. ITEM # 61518 (Continued) When you look at Revenue, Real Estate Tax is the highest proportion for all of the revenue sources in all localities. In other localities, Charges for Service is the second highest revenue source; however, in Virginia Beach, the second highest revenue source is Personal Property. Local Revenue By'I~ype ^Real orb ra.K - rP«,n.l.naea:;n.ra Proven T,ae. ^Dther lnral Tamx 9aPoL ~Mealx Tar ^Cansumer llNity T.ma Inw Sses and U se Taa ©Rev.nu.lrum Me Use of Money and Pro rnm p Miscellaneous Revenu. ^ Charges for Service 100.0% ___ l 1 !1 - ) .. _..__ I 80.0% - .__ . 60.0% -- I 40.0% - ~ ~. ~ SSJ% 56.696 ~ 53.4X ~'~ 44.8% 47.1% 46.0% ~ 45.2% 0.0% --..__.. __. _._ .___._ __..__ _...---_. __._ .. _..__~I Virginia Chesapeake Norfolk Portsmouth Hampton Newport Suffolk Beach News Source: 2010 Comparative Report of Local Govemmeni Revenues and Expenditures Yrginia Auditor of Public A ccounts January 10, 2012 -4- CITYMANAGER'SBRIEFING COMPARATIVE INDICATORS 3: 00 P.M. ITEM # 61518 (Continued) Where do we compare to all of the locally controlled revenues. The first one is Real Estate. Virginia Beach has the lowest rate in the region at Eighty-Nine Cents. Every pemay of the Real Estate generates about $4.7- Million. ~:. ~~ ]t .. -a. d 1 L~g.~ ~ r ~bmmli I 1 lr"~i _ :. ~'X.. iA 1,: ~~a'~: __ Real Estate Tax Rate Per $100 of Assessed Value ^ FY 2012 FY 2004 $1.60 .............. _ sos3 ,aa $1.40 .ed~eio~, rna u.een m _. Ham n Roads Slao 51.00 Soso $0.60 $0.40 _. SB.2U 5. .. Vlrglnia Chesapeake Norfolk Portsmouth Suffolk Hampton Newport Beach News Source: Management Services January 10, 2012 -S- CITYMANAGER'SBRIEFING COMPARATIVE INDICATORS 3:00 P.M. ITEM # 61518 (Continued) Personal Property in Virginia Beach is the lowest in the Region. Every Ten Cents generates $3.3-Million. Personal Property Tax Rate ...Vehicles and Business $6.00 .___ ...._ _.._ .._. .:........ $5.00 $5.00 $a33 " ya.zs ya_zs ya.~s $a.os ~ $4.00 $3.70 i ~ . ~ _. $3.00 ~ ~ i $2.00 ' ',. $1.00 ~~ $0.00 i _ ,.~ -i ~%.. a... .:_s Virginia Ch csapeake Nofolk Portsmouth Suffolk Hampton Newport Beach News source: Managemenn Services The City of Virginia Beach has an Eight Percent (8%)hotel tax plus an additional Five Percent (S%) Sales Tax, plus one dollar per day which goes to the Tourism Advertising Program. Every one of the Eight Percent (8%) generates $2.9-Million. Hotel Tax Rate B.aX g Sao ~ ~~~ S.BX o ~a, 8.0~ 8.OX ---. ,.,,, 7.5% ~ ~~ wK` 6.0X h t:_ _ ~l ^IC.... L.. - ~- ~ ~~ ~ F 4.OX ~ ~ ' ~` }.,, L > ~ ~ f ..~ _ i_ ~ ~ . _a - ~ ~~'1' 2 OX ~ -: ,~ "c.kM, ~ ~{ ~ - ,~ ~ . ... . t . ,1~ I ~g'~ iff F 7 y Virginia Chesapeake Norfolk Portsmouth Suffolk Hampton. Newport Beach News ', Source: Management Services - i January 10, 2012 -6- CITYMANAGER'SBRIEFING COMPARATIVE INDICATORS 3:00 P.M. ITEM # 61518 (Continued) Virginia Beach and Chesapeake are the lowest. The sales tax of Five Percent (S%) has to be added. S.5 percent generates approximately $10- Million . Meal Tax Rate > o.o% B.a% 65°'e 6.5°!. E,5`a 6.5% 6.5% 6.0% S_5% 5.5% ~ ~ ~ - ~', ~ ~ pa a A i ~ 2.0% ' .~ ~, - ~ ~ ~, ,i ~` ~ i ~ 1 ~ 0.0X _._ _..... ___. _. . . -- ~- ---- - Virginia Chesapeake Norfolk Portsmouth Suffolk Hampton Newport Beach News Source: Managemem Services The City of Virginia Beach is about midway in comparison to the Region. Every dollar generates just under Four Hundred Thousand Dollars ($400, 000). Automobile. License Fee Vehicles Under 4,000 Pounds. $35.00 ____. _.. __... __ ._ _. $30.00 $30.00 _..._. $25.00 56.00 $25.00 ~ i ~ ~ $~6 00 ~ $25.00 y23.OU Y '~ ry'"~ .; ..f I ._~ ~- ~ $20.00 "; t ~. r ~~ $20.00 i ... ~ - • ,~ ~ '~~. ~~ ~ ~ ~ ~ s $15.00 ~ J ~ t a - ~~ ~ ~ ]~ ] ~ ~~3 $io.oo ~ ~~ ~ °l ~ ~ ~ E : ~, -.. ~:• ~ ,- _~. ~ ~ ~ ~ q ~ 9 ~ ~•~r ~ ~- i v $0.00 .__ , _ .~ .... -Virginia Chesapeake NorfolK Portsmouth Suffolk Hampton ': Newport - Beach - News Source: Management Services January 10, 2012 - ~- CI T YMANAGER'SB R IE FING COMPARATIVE INDICATORS 3: 00 P.M. ITEM # 61518 (Continued) The City of Virginia Beach is in the middle of the comparative localities. Last year, the City was tied for the highest Cigarette Tax but most of the localities have raised their rates. Every penny generates approximately Two Hundred Thousand Dollars ($200, 000). Cigarette Tax Rate Per Pack $0.60 ui ~s $o.~s $o.~s $0.65 ~ $0.60 ~ $0.60 $0.50 ~ ~ 50.50 ~* ,. E . p m '.~ 50.40 ~ 1,,_ " ~ [ . - i ~ t . F ~ ,. t _ $- ~_ ... ~ ~ Virginia Chesapeake Norfolk Portsmouth Suffolk Hampton Newport Beach News Source: Management Services The City of Virginia Beach is the second lowest in the region. Implementing the Lake Gaston Project has made a tremendous difference. .:Monthly Water and Sewer Bill Assuming 5,000 Gallons Consumed irVfrginia 9each fchesapeake -~zs-NOrfolk -irPOrtsmouth -M-Suffolk $80.00., $70.00 $60.00 $50.00 '. $40.00 ''. - -_. $30.00 ',` $20.00 ',. _. , _ ,..... _, ___ - 2004 2005 2006 - 2007 2008 2009 2010 2011 2012' Fiscal Year Source: Virginia Beach Public Utilities Department January 10, 2012 -8- CITYMANAGER'SBRIEFING COMPARATIVE INDICATORS 3:00 P.M. ITEM # 61518 (Continued) The City instituted a Ten Dollar($10) Waste Management fee January IS`; Suffolk also instituted a $17.50 fee with this fiscal year budget process. Monthly Trash Collection Fee 540.00 y35.36 a ,z $30.00 $27.A1 ~~ ~~~~~ ~ "; ~ I S2a.a6 k , ; ~ ~: ., Szo.oo sj , ~~ >1's0 $1n 42 _ ' ~ ' , $10.00 ~ 510.00 r ' ~.,._' i. '~~ , r' j 'I ~ ,~ ~~ ~ ~~~ ~ ~' ~ ~ Virginia Chesapeake Norfolk Portsmouth Suffolk Hampton Newport Beach News Source: Management Services The point of this table is to take the tax rates with standardized values to determine what the impact would be. The City has the lowest tax burden compared to the other localities in the region. Comparison of Municipal Taxes FY 2011=12 \ ' Newport i., o, h Chesapeake Norfolk Vo its mouth SLfiolk Hampton News Real Estate Tax 4 L,0;1.12 42,423.40 52,661.60 R v-i 1-1 G S3,Z3876 :. $2,400.32 52,536.60 Personal Property Tax 1t;i.U6 213.09 284.31 335.76 247.34 253.68 212.46 Eledridty Utility Tax ~~~.OU 45.00 46A0 40.00 36.00 36.00 36.96 Gas Utility Taz 36.(10 22.56 18.00 36.00 3600 28.80 78.12 - VA Telecommunications -Tax. 70. r,fi 70.66 70.68 =70.66 70.66 70.68 -70.66 '. Water Utility Tax 36.00 None' 67.50 84.00 None None None Restauran[Taz: L^].48 251.46 275.43 .275.43 275.43 276:f3 275.43 Admissions Tax 2sa9 25.69 .25.69.. 25.69 25.69 25.ti9 19.27 Vehide License Decal ;U fJO 46.00 52.00 50.00 ..40.00 60.00 52.00 5[ormwa[er Utility Fee 11:,.34 91.20 104.40 99.00 62.88 55.20 65.30 Residential Refuse Fee 60.00• None 324.12 424.32 222.00 221.00 293.76 Water&Sewer 58296 68918 595.08 540.00 ' 938.40 562.96 499.44 Total Tax Impact A3,502.13 53,878.36 S4p24.09 54,912.64 54,193.16 54,009.76 54,08232 Dlfffl't:I1CC $0.04 $37625 5921.95 $1,410.71 $69LFl5 $507.63 $580,19 ` Source: Management Services Represents $10.00 collection fee for six months January 10, 2012 -9- CI T YMANAGER'SBRIEFING COMPARATIVE INDICATORS 3:00 P.M. ITEM # 61518 (Continued) ~-`~ ~r-... ~~'. ~ , ~+ =gr~ * ~- i 1 1 yMr° i~ r . P•L ~. i ~~r~r 7? t ~*~ This data comes from the Hampton Roads Planning District Commission (HRPDC). Raleigh, Charlotte and Hampton Roads have positive housing values thru 2008. Change in Housing Price in Hampton Roads and Competing Metro Areas .~ 2006 to 2008 Cl 2007 to 2010 Qoc` ~ a a~ ` ¢ 0 °` 0 ¢g ~o~ Q° ~F° te eC~ tck ,P° ik a ° p 5 ° ca T P (r ~a~ ,r Gte'L~ 1.p J5 ? 3~ O 0.0% 'L7 ~~ ~ ~ LI ` ~ ~ ~ ~~ ~ _ I ~ -lo.ax ~ . ~ ~ Et -30.0% .... .. __ -40.0% ..... ___ _. ~ ,. J -50.0% -60-0% ____ ........_. ____ _____ ........ ______ Source: Ha mpton Roads P6 nning Dirtrict Comm(sz ion (NationaLAssociation of Realtors).. January 10, 2012 -10- CITYMANAGER'SBRIEFING COMPARATIVE INDICATORS 3:00 P.M. ITEM # 61518 (Continued) Taxable Sales. ;Virginia Beach }Chesapeake ~NOrfolk -1FPOrtsmouth.. iii-Suffolk Hampton «~Newport News $6 000 ___ _ __ ... $5,000 ~ ~ i $4 000 O ~ $3,000 _,_,_,~ $2,000 .. ._ »..,~.-..... H._ . W .._.,,. ., $1,000 2004 2005 .2006 2007 2008 2009 2010 Calendar Year Source: V;rQinia Department of Taxation Taxable Sales Per Capita a Virginia Beach -Chesapeake ^:Y-Norfolk -i/-Portsmouth iFSuffolk Hampton ~---Newport News $16,000 ;1aAOo ._ e. --~~.. ;10,000 5a,ooo - $6,000 $4,000 :$2000 -__ _____ ........... _. 2004 2005 2006 2007 2008 2009 2010 Calendar Year SourceiYBinia Department of Taxation and Weldon Cooper Center (Population) - January 10, 2012 -11- CITYMANAGER'SBRIEFING COMPARATIVE INDICATORS 3:00 P.M. ITEM # 61518 (Continued) The City has always tracked just below Chesapeake but in 2008 you can see the impact of the Recession. Median Household Income :: Virginia Beach ~a-Chesapeake ~-Norfolk -ril-Portsmouth -#FSuffolk Hampton Newport News $80,000 $70,000 $60,000 $50,000 $40.000 yt'-.^__,~,,.Fap;•..~.:::~....~a,.a:~........~.-. ~.-~"` $30.000 ___._ ....... ___. 2005 2006 2007 2008 2009 2010 Calendar Year Source US Census Bureau Amerian Community Survey The City is the highest Per Capita Income in the region. One note, benefits are included in this data. Per Capita Income ; Virginia Beach i-Chesapeake -i-rNOrfolk -tf-Portsmouth ~f-Suffolk Hampton -Newport News $50,000 $20,000 2003. 2004 2005 2006 2007 2008 2009 Calendar Year Source: US nepanment of Commerce aurcau of Ernnomic Analysis January 10, 2012 -12- CIT YMANAGER'SBRIEFING COMPARATIVE INDICATORS 3:00 P.M. ITEM # 61518 (Continued) The City is the lowest in the region. The Nation is currently at 8.5% and steadily declining. Unemployment`Rate Annualized Rate Throu~t November 2011 - Virginia Beach -Chesapeake ~sr-Norfolk -iEPOrtsmouth ~6uffolk Hampton ~---Newport News 10.0% .....:.._ ....... 8.0% ..a _ ,m~~~.......... ...~ ".,~,. 4.0% .~.,... _... 2.0% o.o^s 2004 2005 2006 2007 2008 2009 2010 2011 Source: U.S. Bareau of Labor Statirtics -Loral Area Unemployme~rt Statistics Database Direct Tax Revenue Generated from Tourism - 2009 Newport News .~ $21.8 Hampton ~ $18.2 Suffolk $G. 0 Portsmouth d ~ $73 i Norfolk _ .~, $39.5 Chesapeake ,~ ~~ $2a.4 - -Virginia Beath $76.7 50.0 520.0 $40A $60.0 $80.0 $100.0 In Millions of $'s - Source: US Travel Associati on - January 10, 2012 -13- CI T YMANAGER'SB R IE FING COMPARATIVE INDICATORS 3:00 P.M. ITEM # 61518 (Continued) ;-.- ~ ,.:~ ~,~ -- ~.: ; Pfi~°„x it. Y r iFi it r ;..-~ ~. ~ ~ During the Fiscal Year 11 Budget, Libraries lost thirty-three positions and hours were cut a few hours from the operating hours. Library Expenditures Per Capita .? Virginia Beach -~-Chesapeake -i-Norfolk -M-Portsmouth ~i(-Suffolk Hampton.;. -t-Newport News $50.00 $40.00 - ~ r $30.00 _ .:„ '....`__ ",~"~~*`, $zo.oo ~~ $io.oo 2004 2005 2006 2007 2008 2009 2010 Fiscal Year ' : Sourtt: Vi'ginia Auditor of Public Accourds - January 10, 2012 -14- CIT YMANAGER'SBRIEFING COMPARATIVE INDICATORS 3:00 P.M. ITEM # 61518 (Continued) Locally Funded School Operating Expenditures Per Pupil ,Virginia Beach Chesapeake ->s<-•Norfolk -Portsmouth -M-Suffolk Hampton ---Newport News $5,000 ~ ' ~~~~• 'r'"; $4,000 $3.000 .. ,/~ ~.---'-•°~.~-~ .m.,-,~ x .. . ~ -~. _._~ $2,000 ~-•~ $1,000 __ $0 2004 2005 2006 2007 2008 2009 2010 Fiscal Year Source: Virginia Department of Edu anon SuperiMendem's Annual Report Virginia Beach has the highest contribution as a percent of total school operating expenditures City Contribution as a Percent of Total School Operating Expenditures > Virginia Beach (Chesapeake ~°Norfolk -M~POrtsmouth iFSuffolk Hampton ~~Newport News 50.0% i ~ 40.0% ____.. Yf- 30.0% _ ~.~- .~e~.. .~ ..,x. .~ 20.0% __.. _ ~""'~iC 10.0% '.~ _._ _... 2004 2005 2006 2007 2008 2009 2010 - School Year Source: Virginia Departmem of Eduction Superimendem's Annual Report January 10, 2012 -IS- CITYMANAGER'SBRIEFING COMPARATIVE INDICATORS 3:00 P.M. ITEM # 61518 (Continued) Virginia Beach has the highest number of individuals with Bachelors Degree and second in terms of individuals with Masters Degree in the Region. Educational Attainment Residents Age 25 or Older - 2010 40.0% 31.6% 30 0% i ~ ~ 29.3% . a '_.~ (, a.g 26.0% 24.8; 24.1 24.9% s ~ g ~,~ zo.or, i i . is.g% ;~ n ,~ ~ti ~ ~ ~*~ i~ 1C a ~, ~ 1 11 ~ ~ _ ~ - . , 10.0% ~ ;J ~,~~ 9 3% , 101 ~ 8.0% 9 3% ~, pt, +i 6 5% ~, , b . I ~ 1 S ,. /:. Y~ vY' ~' 1 ~ ~ w . - 0.0% . . _ _ _ Virginia Chesapeake Norfolk Portsmouth Suffolk Hampton Newport Beach News Graduatear PmfessionalDegree ~UndergraduateDegree Source: u5 Census Bureau Virginia Beach has the second lowest in the Region in dropout rates. Dropout Rates Grades;? through 12 s_o% +.' 3.11% 3.0% ..:: . , ~.s-:= 2.0% __. ___ _ 149% 1.43% - - k LU1 0.0X -. .9,a, '- ' a ~l` 0 .1:r a ~- ~0'' Y. ~J. ~w r(o CC t ~g 0 , too ~e J~ 0 aQ a a R J S a~~ t`e a t ~c 5 ~ ~ o ~ o 3~ ~a;e J`t e ¢ a~ 9 Source: Yrginia DeparfineM of Edumtion SuperiMendeM's Annual Report January 10, 2012 -16- CITYMANAGER'SBRIEFING COMPARATIVE INDICATORS 3:00 P.M. ITEM # 61518 (Continued) Virginia Beach is the second highest number of high school graduates. High School Graduation Rate zoio 100.0% 78.6 % 80.4 80.0% 68 0% 71.2% 70.5% 60 0% z, ~ ~ ~ 56.3% a ~,. ' i . G t~ ~ ~~ ~ i i iX. ~ ~~.x v.a j 40.0% - ; ~ . ~ r'~ * ~ , ~ k 20.0% >a _ i S. a Y~ _. _.~ :. i~~. ~,{ >. ~ ~ G .. , . i x' z i •. ~ ., , ~ v ~' Virginia Chesapeake Norfolk Portamou[h t~~ffolk Na~,~pron Newport Beath News SOprce: Yrgi nia Department of EduoSion Superintendetrt~s Aunual Report cN--. N ~~ r~ ~ 7 ~~~~;T '' ~~f R~'ty~ E ~/~ ~ 'A, I p~A ;rfi ~.r January 10, 2012 -17- CITYMANAGER'SBRIEFING COMPARATIVE INDICATORS 3:00 P.M. ITEM # 61518 (Continued) Virginia Beach has the lowest expenditures per capita for Fire and Rescue and that is mainly due to our Volunteer Rescue Division and it has a tremendous impact on our expenditures per capita. $300.00 $250.00 $200.00 $150.00 $100.00 $50.00 2008 2009 2010 $- 2004 2005 2006 2007 Fiscal Year Source: Virginia Audtor of Pu6licA000Unts Law Enforcement and Traffic Control Expenditures Per Capita - > Virginia Beach Chesapeake -~rNOrfolk -11-Portsmouth iM~Suffolk Hampton ~:~-Newport News $350.00 ~ - - /!y- - $300.00' "y lv ~ li~~" $250.00 _....~., _.-..__, $200.00 ~.. ,.:......y. $SSO.oo $100.00 _____ :....- ._ -.:. _: _. $50.00 _.__ ...... ........:.--__ . ...~ ......... .. .. -:_ . , ..._....... .......... 2004 2005 2006 2007 2008 2009 2010 Fiscal Year Sourx: Virginia Auditor of Public ACCOUMS Fire and Rescue .Expenditures Per Capita Virginia Beach }Chesapeake -~@rNOrfolk -N-Portsmouth i-Suffolk Hampton m Newport News ._...... .-af'~~.+iC ..-..'~ j ~ J January 10, 2012 -18- CITYMANAGER'SBRIEFING COMPARATIVE INDICATORS 3:00 P.M. ITEM # 61518(Continued) Virginia Beach has the second lowest property crime rate in the Region Property Crime Rate. Per 1,000 Residents 2010 70.0 60.0 53.2 54.2 50.0 '~-.i ;4r. Yt+~II _ 40.0 i : ~.. ~ 38.6 37 0 35,4 ~ ~" ~ 30.5 30 0 ~ j a ~ , ~ a. > ~ "$ ~` . ~ g q ~ . ~ '. ~.~ is 'Va r 20.0 . i ~ 4 ~ 7~- 10 0 ~ .: .. _ . ~~ _ ,1 ~ ~zti ~ .:: y ~ t ~~ o.o Virginia Chesapeake Norfolk Portsmouth Suffolk Hampton Newport Beach News Source: Virginia State Police, [rime in ~rginb Virginia Beach has the lowest violent crime rate in the Region, as well as the lowest violent crime rate in the country compared to other cities of the same size. Violent Crime Rate Per 1,000 Residents aolo Newport News _ .e __°_._ ___. .m ,,..., ,,., 1,,..,W,x'~6i53 Hampton _ _ r 2.9 Suffolk ' .. :.;~~~.: y. 3.2 Portsmouth . , __ _ _ _ _... ~ 6.4 '~, Norfolk . . _t~'. .. ___ ..__ . ~, e..0 Chesapeake ~ 4A Virginia Beach 1.9 D.0 1.0 2.0 3.0 4.0 5.0 6.0 7.0... Sourg: Virgin(a State Polire, Crime in Virginio January 10, 2012 -19- CI T YMANAGER'SB R IE FING COMPARATIVE INDICATORS 3:00 P.M. ITEM # 61518 (Continued) i ~t ;J 1 ~ ' '' ~ '. . ~~a'°"b i~ ~ ~ -.a e.' .... i pp~ 2 ~.._ne - - - The infrastructure has been in place for a longer period of time in Norfolk, Newport News and Hampton. As Virginia Beach ages, you may see an increase in this expenditure. Suffolk took over street maintenance from the State and that is the reason for the decline in this expenditure. Maintenance of Highways, Streets,.Bridges, and Sidewalks Expenditures Per Lane Mile Virginia Beach -Chesapeake ^s~-Norfolk -rMOrtsmouth il-Suffolk Hampton -~: Newport News $80.000 ...__ ...__ .. __. ____. $60.000 _-_ ._ $40.000 .. _. _..... _ .. ,- _ ._ Szo,ooo - ,u.~,,_. ,~. $- 2004 2005 2006 .2007 2008 2009 .2010 - - Fiscal Year - Sources: ViBinia Departmeirt of Transportation and Auditor of Public Accounts January 10, 2012 -20- CIT YMANAGER'SBRIEFING COMPARATIVE INDICATORS 3:00 P.M. ITEM # 61518 (Continued) Suffolk and Virginia Beach have the lowest per capita rate in the Region. Suffolk receives a discount for hosting the Regional Landfill. Solid Waste Collection Expenditures Per Capita Virginia Beach tChesapeake -,~-Norfolk -)f-Portsmouth -MFSuffolk $200.00 $160.00 $120.00 - ~ .. ,,_ Y~- ~F~1 R ~~.~ ~..~ / / f $40.00 $- - ____ 2004 2005 2006 2007 2008 2009 2010 Fiscal Year Source: Virginia Auditor of Public Accounts FF~. . EM' ~d~ } C r'. f A~~S~i' + i ~! ~S' --'-- .-. January 10, 2012 -21- CITYMANAGER'SBRIEFING COMPARATIVE INDICATORS 3: 00 P.M. ITEM # 61518 (Continued) Virginia Beach and Chesapeake's poverty rate in the lowest in the Region. The City has a low expenditure amount per capita. Poverty Rate Individuals :; Virginia Beach Chesapeake ~^NOrfolk -i(-Portsmouth -MFSuffolk Hampton M~~Newport News 20.0% ...._.._ 16.0% ~ ~ ~ ~~'' ~.r,r. 12.0 ~ y 4.0% O.OY ___ _.,..... 2005 2006 2007 2008.. 2009 2010 -. Calendar Year Sour<e~ Census Bureau - Ameriran Community Survey Public Health `Expenditures Per Capita .; Virginia Beach tChesapeake - ti&^Norfolk --rPortsmouth ~NFSuffolk :-Hampton ^-s-Newport News $70.00'.' _. ._. _. $60.00. $50.00 ~ --- ", $40.00 $30.00 $20.00 _ $10.00 .,_.. _.. ~ ~~ .~.... j . ~ ,l v' $5.72 $- :.2004 2005 2006 2007 2008 2009 2010 Fiscal Year Source: Virginia Auditor of Public Acwunta January 10, 2012 -22- CITYMANAGER'SBRIEFING COMPARATIVE INDICATORS 3:00 P.M. ITEM # 61518 (Continued) Social Services `` Expenditures Per Capita Virginia Beach (Chesapeake -rk-Norfolk -N-Portsmouth -M-Suffolk Hampton ~ -Newport News +... $400.00 -~-^"""" -1f - ` $300.00 ~...wl="" _~ °a~- ~ :..: ..fi,~m~.. ./., -, ae ...._. ..,....... ~ )t"'" u . ^ $200.00 $100.00 _.. _... $- 2004 2005 Source:Yirginia Audkor of Public Accounts 2006. 2007 2008 2009 2010 Fiscal Year .. Mental Health and Mental Retardation Expenditures Per Capita . Virginia Beach -Chesapeake -~NOrfolk il-Portsmouth iFSuffolk Hampton -Newport News $250.00 ... __._. ____. ____ _... ____. $200.00 , . , -- .. .r ~..-.. . .._, , $100.00 ~ ""'_"`-.~ SSO.OD ____. .. ....... . ___ ____. __.._ 2004 2005- 2006 2007" 2008 -2009 2010 - Fiscal Year Source: Virginia Audhor of Public Accounts - January 10, 2012 -23- CITYMANAGER'SBRIEFING COMPARATIVE INDICATORS 3:00 P.M. ITEM # 61518 (Continued) The information is related to what some will recall as the old "Food Stanzp Program "and Virginia Beach has the lowest in the Region; however, this has been growing. Percent of Residents Receiving SNAP Benefits in FY 2010-11 Newport News - - . .__ :.--_- . ~~_ .u~1 . '~ 183% ff. Hampton .,,_ _ _ .~^~ 14.2% Sutfol6 ~ '-~ 14.0% PortsmouM ' . ~" 22.3% Norfolk .. :.: _.a~-, . ~ __~~ ~. -. ~ . ~ 19.0% Chesapeake95°~ Virginia Beach 7.1% 0.0% S.0% 10.0% 15.0% 20.0% 25.0% Source: Virginia Department of Social Services Percent of Low Birth Weight Babies 2010 la.o% u.ox ' 11.8% 10.39. 10.0% .-~ 10.1% 10.0% i p 92°6 8.0% ~ ~~ -~ j , 6.OX :~ F a r .,~ r v ~ 4 j 1 . ~ - ~. ~ -. ' ~ 2.0% ~ ~ ~ i ~ .. I I ~ :. i,~ ..:,, O.OX - __ ' ca ear came r°~~ oar `~v ~~oo ae~5 tJ~ ca eSaQ Ao rst` 5~ ~aF or S~Le° J~¢; Lr Q° -.ae3Q Source: Virginia Departmem of Public Heakh January 10, 2012 -24- CITYMANAGER'SBRIEFING COMPARATIVE INDICATORS 3: DO P.M. ITEM # 61518 (Continued) Virginia Beach has the lowest number of School students receiving free or reduced lunch in the Region. School Students Receiving Free or Reduced Price Lunch 2011 School Year 70.0X 64,4X ensX 6o.oX , sa.o% ' s0.4% -r.~ 50.0 42.0% 40.0% ~ ~ _ 30.5% 32.8X 30.0% ~~i ii 20.0•/ - ~~,~ 3 ~.. 10.0% ~ ~:7 ~ ., a Virginia Uresapenke Norfolk Portsmouth Suffolk Hampton Newport Beach News Source: Virginia Departmerrc of Education 1,' w r r ~gr~ i ~!I p t ' i3~~s=: ~ im? i ! , January 10, 2012 -25- CITYMANAGER'SBRIEFING COMPARATIVE INDICATORS 3:00 P.M. ITEM # 61518 (Continued) Parks and Recreation Expenditures Per Capita Virginia Beach -®-Chesapeake «rNorfolk -i(-~POrtsmouth -NFSuffolk Hampton ~--Newport News $160.00 . m,........,.. ~,.,,,. $120.00 ».. ~ .m:-.~....,..,... m.. $80.00 ,....~-~-:".-r"~,----~.~...~r^.,.^.^""'.,~ $40.00 ~~.~ $_ __ _ 2004 2005 2006 2007 2008 2009 2010 Fiscal Year Source: Virginia Audkor of Public Accounts `Cultural Enrichment Expenditures Per Capita Virginia Beach +i~Chesapeake irNorfolk #POrtsmouth ~#FSuffolkHampton -t•-Newport News $100.00 __ .. -_.. ___ ____ __. $80.00 ~...-... $60.00 '°~,~,..~,.r+"<.,....~- - $40.00 ~ _ _ ., _ i $20.00 ~: '~, w ,.........~a......~,,,m.~.....:..~. _ . , . .m,,...,;,,,.m.„,,,o,,, .. _,_ ~N:~, -~ $' - .. 2004 2005- -- 2006 4007 - 2008 --- 2009 - 2010 Fiscal Year Source: Virginia Auditor of Public Accounts-- January 10, 2012 -26- CIT YMANAGER'SBRIEFING COMPARATIVE INDICATORS 3:00 P.M. ITEM # 61518 (Continued) .,.- r rK.: t f\'l R _, ~ i ~ ~ ~A.wEt '~~ rig . ~, i gl 6.1r . [ c :. t w'~ -'rc't.~ : ~ jj fp!_'. tad. 3, t ~: '~ Virginia Beach is the lowest in the Region for total government expenditures per capita which reflects the City's efficiency. Total General Government Expenditures Per Capita .; Virginia0each -l~Chesapeake -rMNOrfolk - -k-Portsmouth .II.Suffolk -Hampton -Newport News $4000 __.. _. ____. ____ __... ~~~~ .. $8600 _~. _ . °-.a.~_..~.~ _ .... _ . ~ -. t 4~ $3,200 _...... .._ ~~r'°.. - ~~ .i~ ~ ~. $2,800 i r Sz.4oo ,~ __ Sz,ooo _ _ , 2004. 2005 2006 2007 2008: ". 2004 2010 Fiscal Year Source: Virginia Auditor of Public Accounts January 10, 2012 -27- CI T YMANAGER'SB R IE FING COMPARATIVE INDICATORS 3:00 P.M. ITEM # 61 Sl8 (Continued) Total Expenditures Per Capita - 2010 $6,000 ___ ___ $6 000 $4.833 $A i7; $4,410 - ~' $a,oo6 yn,125 Sazoi $4,000 $3,795 ~ ,~ i I $3,000 ~ ; ~~ ~ ! $2,000 i i $1,000 ! i Virginia Chesapeake Norfolk Portsmouth Suffolk Hampton Newport Beach News Source: Virginia Auditor of Public Accounts Per Capita Expenditures as a Percentage of Per Capita Income Virginia Beach i~Chesapeake ~-Norfolk -it-Portsmouth ---Suffolk .,~--Hampton ===Newport News 16.0% - .. ... _. _ _. _... 14.0% - __ .....:.....__. ....~.....,..,.~,,,~,,,...,..,,~..m,.,.... _ ._. 12.OX m~ - - _,,, w.a. 10.0% _..._.._ ..__.,... _ _._____,_ _.. .. 6.0% ____. __.. 2.0% _. _..... __ ___ ._. 2004 1005 2006 2007 2008 2009 - Source: Virginia Auditor of Public Accounts and US Department of Commerce Bureau of Economic Analysis January 10, 2012 -28- CITYMANAGER'SBRIEFING COMPARATIVE INDICATORS 3:00 P.M. ITEM # 61518 (Continued) Virginia Beach is the only city in the Region rated AAA for their Bond by all three Agencies. Please consider that the City does have the "negative outlook" with Moody's that was issued resulting from the Federal Government receiving negative outlook. Bond Rating ~ Virginia Chesa- Ports- Newport '. Beach peake Norfolk mouth Suffolk Hampton _ NewJ~ 'Standard & ``Door's AAA AA+ AA AA- AA AA+ N/A i iMoody's AAA ~ Aal Ai Al Aa3 Aa2 N/A ~tth AAA AA AA- ~ AA- AA N/A __ Source. Each Uty's 2010 U1FR The Citizen Survey is being finalized and the City Council will receive the results in the next few months. Citizen Survey December 2011 • 91.0% are satisfied with City services overall • 94.0% are satisfied with the appearance of the City • 97.2% believe Virginia Beach'is a good place to live •: 94.6% believe Virginia Beach is a safe place to live January 10, 2012 -29- CITYMANAGER'SBRIEFING COMPARATIVE INDICATORS 3:00 P.M. ITEM # 61518 (Continued) The data does indicate that the City is climbing out of the Recession when looking at some of the year-to- year trends; however, housing is still lagging, that being the City's largest revenue source, it is having an impact. COIIGIllS10I1S • Citizens value the services the City provides • Data indicates the City and_Region are climbing out of the recession while housing values continue to lag •'• Lowest cost provider in the region ' • Low overall tax rates compared to the region • Still lag behind other cities in#ees and charges for service as proportion'of total revenues January 10, 2012 -30- CITYMANAGER'S BRIEFING LYNNHAVENENVIRONMENTAL RESTORATION 3:34 P.M. ITEM # 61519 Clay Bernick, Environment and Sustainability Administrator, presented the initiatives for the LYNNHAVEN RIVER BASIN ECONSYSTEM RESTORATION and OYSTER RESTORATION. Mr. Bernick advised, about fourteen (14) years ago, Congress authorized the US Army Corps of Engineers to perform a study of Environmental Restoration potential in the Lynnhaven Basin. Subsequent to that, funding was put in place and resulted in a lot of research and studies that gave a very good picture of how the Lynnhaven functions. A computerized model was developed of how everything circulates, flushes and functions in the system. Specialized studies were performed on different parts of the Ecosystem, looking at fisheries, oysters, and wetlands. The results have been completed and the Corps provided a summary of the study with recommendations. Also, today you will be given an update on a parallel piece of work that was not included in the Corps' study that involves Oyster Restoration. A lot of the Lynnhaven is open to direct marketing of shell fish. Paf-allel to those two efforts, City Council received a copy of a memo from City Manager Spore and Deputy City Manager Hansen to Hampton Roads Planning District Commission (HRPDC) re the Chesapeake Bay Cleanup last week.. Most of the Chesapeake Bay Cleanup is focused on the Lynnhaven. All of this work with the Corps is putting the City in a good position because it will help the City meet the Water Quality Cleanup Goals. Mr. Bernick introduced Jen Armstrong, Project Manager with the US Army Corps of Engineers. Mrs. Armstrong introduced her team members, Jeff Strahan, Technical Team Lead for The Project, and after 10 years, he is taking a promotion; Mrs. Janet Cote will be taking over his role as Technical Team Lead; Mr. David Shulte, Technical Team Lead for the Oyster Restoration Project; Mr. Doug Martin, Chief of Civil Woi°ks Projects Branch, and Ms. Susan Conner, Chief of Environmental Analysis. January 10, 2012 -31- CITYMANAGER'S BRIEFING LYNNHAVENENVIRONMENTAL RESTORATION 3:34 P.M. ITEM # 61519 (Continued) Lynnhaven River Basin Ecosystem Restoration And Oyster Restoration Initiatives t •. '+.' Presentationbf Initiatives P JanuaryaOth, 2012 4r ~ _~ ~b~. .. ~' ~ ~ t Y~:fF;. -.F _ US Arm Car ofE en .1'~-~~ - BUILDING STRONG. ~a ' Stakeholders • City of Virginia Beach • Corps of Engineers, Norfolk District • Lynnhaven River NOW • Chesapeake Bay Foundation • Hampton Roads Planning District Commission • National Oceanic and Atmospheric Administration • Old Dominion University • First Landing State Park • U.S. Fish and Wildlife Service • Virginia Department of Conservation and Recreation • Virginia Department of Environmental Quality • Virginia Dare Soil and Water Conversation District • Virginia Department of Health • Virginia Institute of Marine Science - _ -- • Virginia Marine Resources Commission ~ Y_.__ US Army Corps of Engineers -Norfolk District 2 BUILDING STRONG® January 10, 2012 -32- CITYMANAGER'S BRIEFING LYNNHAVENENVIRONMENTAL RESTORATION 3:34 P.M. ITEM# 6IS19 (Continued) Lynnhaven River Ecosystem Restoration Purpose • Lynnhaven River Basin Ecosystem Restoration Initiative- Restoration of the ecosystem to include tidal and sub-tidal zones Authorized for study with a resolution by the Committee on Transportation and Infrastructure of the U.S. House of Representatives, Docket 2558, adopted May 6, 1998 I.®.; ,. US Army Corps of Engineers-Norfolk District 3 BUILDING STRONG® Lynnhaven River Ecosystem Restoration Plan Descriptions • Tentatively Selected Plan - • Essential Fish Habitat - 31.4 Acres • Phragmites Sites, Eradication and Diversification- 38.4 Acres • Submerged Aquatic Vegetation (SAV)- 94 Acres • Bay Scallop Restoration - 22 Acres • Benefits - • Increased Biomass • Reduction of Total Suspended Solids • Increase Species Diversity • Improved Benthic Community t®:._;~ US Army Corps of Engineers -Norfolk District 4 BUILDING STRONG® January 10, 2012 -33- CITYMANAGER'S BRIEFING LYNNHAVENENVIRONMENTAL RESTORATION 3:34 P.M. ITEM # 61519 (Continued) US Army Corps of Engineers- Norfolk District 5 BUILDING STRONG® c yy~ ~ ~ } ~aGa ~v ~; ~ 5 3 " '. 'R ~ ~ 1 SFr _ J d , ".. ~ ~~ }. >2 'a `~ r_ Y ~ '~Y ~ ` r s R. ~ .~. ~ r' ' k ` A i` 'rt 4 b ~- ~, l S .sLr .wit !c ~~r :~' ~ L'.,qr' ~~ ~' Y 1!Y . Y ® EY~~ rover Econys Reatontron a •`• Ecosystem Restoration An Pmeoentl Shen ~ Yrtgitia Beatly YA EFH lfish NiVM/ ~•••--••-. ~ Y~ im ~~ s January 10, 2012 -34- CITYMANAGER'S BRIEFING LYNNHAVENENVIRONMENTAL RESTORATION 3:34 P.M. ITEM# 6IS19 (Continued) Y ~' _ i f~C~ •~ ` },A ~ ~F f 1 :. At ~~ }t~ i~ #~ ~ Ft.. 1 ~J p ~ ~ .. ~ 5. ~: ,f , ,.tt~~~6 -~~ 1Jr 'k{. ~ ~ Y~ 4. + , ~ iP ~ r -~~"~ J 7.~ ~kr ~ r ~ !~ ® .~ LymMren Pwn E~o•Ynhm Re~tmalroA YvYme Beerh vA - Fcoaystem RmtWaGM Nee ;_.! EFH (FSh Haves) _ _ ~•~•` •••-~. 7 ~yu~.'+1$r~ i P y ~ ~ ; x ~a ~' ~ . Y ~q Yr..X .~~.. J* ~ { ' S •~~ ~ H J Ecosyehm Rntwation u~ss~a~.aumAm ~ -~ - 6 January 10, 2012 -35- CITYMANAGER'S BRIEFING L YNNHA VEN ENVIRONMENTAL RESTORATION 3:34 P.M. ITEM # 61 Sl9 (Continued) ~ ~ T• _ 8- r •~ ~.7r ~~~ r y ~,,`}, 1 y . . } d ,4. a S~.'~' 1 ~~ £ y~y ~ ~ y~ y Y .`Yam. S~p~ ~ } 'f' ~+ 'TS • f y ~~ ~ tl~ ~~7~~ ~' a - 31 Qk . ~ ~. ~ ,~ i>~ ~mss+res-we. rmnrcm ne.c«saon No-oseG Silee usNa cw.y,..~A,., 'a ~~ ,- -- _ 0 Reef Balls .~: ~ ~ .. +` ~~ `-ter •~Y~ ~ ~ ," psi. ,. ~X ~~l[ 93 ~ US Army Corps of Engineers -Norfolk District 10 BUILDING STRONG® January 10, 2012 -36- CITYMANAGER'S BRIEFING LYNNHAVENENVIRONMENTAL RESTORATION 3:34 P.M. ITEM # 61519 (Continued) .:' US Army Carps of Engineers- Norfolk District 71 BUILDING STRONG® - _ ., te -y-~fti ~ ~7~.. r t t r"~~ `~J~ ~ 7! e i "~71` ., Ste. ~ ~ ~t ..~ _`{ ~ - 1~."1X_.~~ . ~, }i ~,~ f ~t 7" ~~ u f ~ t ~`r~ ]. ~ 't #~ ~~. ~a'~Xl~ ,~. Ecoaysrom RMaraeon &Waw traem Rrapovetl SiM O ~ Virg Beach, VA meewluNensM1 -.."....,~ ~„ -- 12 January 10, 2012 -37- CITYMANAGER'S BRIEFING LYNNHAVENENVIRONMENTAL RESTORATION 3:34 P.M. ITEM # 61519 (Continued) {, y~i ~ ~, ,~ ~^ ~~Zrr~ iii..,. ~ C~ + ~_ '~ ~ ~w 7F - _ ® gY~ru~R~ lips! ~ m+r m+ Ec pbm fteNMlipp Feafe.~f4sbnfen M+ ... Yiryin Beam. VA p.~.aon is 73 - ti _~~ , ~ ?: t b ~ ' ~ ` L~ ~R' K ~ # t -. 4 .Y 't'~c ~+ i ~? ~ F r ',~ t ~ ~ i ~; ' ' ~ ± ~i ms ~ t r ~1 ; a .e . ~ iynoi.eep aM. E~p.y.~pe.~ppnap ~.v.^° ~,.sp......~., - ^- _ ~a January 10, 2012 -38- CITYMANAGER'S BRIEFING LYNNHAVENENVIRONMENTAL RESTORATION 3:34 P.M. ITEM # 61519 (Continued) Timeline for Lynnhaven River Basin Ecosystem Restoration • 905(b) Report Certified- January 2004 • Feasibility Study Initiated -September 2004 • Chief's Report -Early 2013 • Water Resources Development Act (WRDA)- 2013 • Engineering and Design - 2013 - 2015 • Construction - 2014- 2016 ~.E USArmy Corps of Engineers -Norfolk District 15 BUILDING STRONG® Project Cost and Cost Sharing Cost Item Total Costs Cons[mction $22,837,W0 Adaptive Management $2,538,000 [ands, Easements, and Rights o£Way $468,000 Constmaion Management $1,107,000 Preconstmaion, Engincering, and Design $1,564,000 Toml Firs[ Coals $28,514,000 Fedeml Share (65 %) S 18,534,000 Non-Federal Share (35 %) $9,980,000 USArmy Corps of Engineers -Norfolk District 16 BUILDING STRONG® January 10, 2012 -39- CITYMANAGER'S BRIEFING LYNNHAVENENVIRONMENTAL RESTORATION 3:34 P.M. ITEM # 61519 (Contiuued) Lynnhaven River Oyster Restoration Purpose and Plan Description Lynnhaven River Oyster Restoration Initiative- Restoration of oysters within the Lynnhaven River Basin Authorized by Section 704b, as amended, of the Water Resources Development Act of 1996 Currently have about 58 acres of restored reefs in the Lynnhaven at this time, 6% of the original Baylor Ground acreage. Original plan (USAGE 2005) called for restoration of about double the current acreage • To meet objectives of Executive Order 13508, Chesapeake Bay Protection and Restoration all acreage recommended in the plan would need to be constructed and successful I:. USArmy Corps of Engineers -Norfolk District 18 BUILDING STRONG® History of the Lynnhaven Oyster • There were public oyster grounds in the Lynnhaven - Baylor surveyed 986 acres of public oyster grounds in 1894 which were converted to private leases around 1930 • In 1904, the Lynnhaven supported over 100 watermen in the local oyster fishery • In the late 1800's-early 1900's, commercial oyster harvests were - 25,000 bushels of market oysters and _ 15,000 bushels of seed oysters • The seed came from natural oyster rock, mainly in Linkhorn Bay i,l, I . USArmy Corps of Engineers- Norfolk District 79 BUILDING STRONG® January 10, 2012 -40- CITYMANAGER'S BRIEFING LYNNHAVENENVIRONMENTAL RESTORATION 3:34 P.M. ITEM # 61519 (Continued) ~- ~~ i u *{k~f rt;. ~ T Y 7 ~~' p ~' ~~}.{ail{ ~ ~~~- 'e`~` 4~-+ ~'r. 1~NF'~?+~ iF'~ s- ~,} 'hey; (~ yr~_._ ~. z: US Anny Corps of Engineers - Norfolk District 20 BUILDING STRONG® Eastern Branch Oyster Reef ~,,. ;~ _ - ~. ~. ... . . L1_ ~.. ~ ' ~~ ~ ~ ~ ` ~~x~ ~ ~l/ i ~ "fig ~ r i ~ .t} i- L lv '~ . _ . . __-__~.~.__ rrJ..; US Army Corps of Engineers- Norfolk District 21 BUILDING STRDNG® January 10, 2012 -41- CITYMANAGER'S BRIEFING L YNNHA VEN ENVIRONMENTAL RESTORATION 3:34 P.M. ITEM # 61519 (Continued) Western Broad Bay oyster Reef ' -~ ~ °"~P3C~OI~~"' l • j... .. _..:,.I' ., ... _ 1 .. ~ t- _ - USArmy Corps of Engineers-Norfolk District 22 BUILDING STRONG® Initial Monitoring 3oD Results 250 • According to goal metrics _ Executive ~ rE 3 08 Goal Order 7 YN 200 Implementation Team, a C m successful reef has 50 oysters ~ H 150 per square meter _ « d • Most of the restored reef 3 y acreage meets this goal and is Q OT 100 successful ~..- 50 0 Iti• High Relief Reef D Low Relief Reef B1Oaag~~Kb°<°ga~~ µh°tOBay2 Location .. USArmy Corps of Engineers- Norfolk District 23 BUILDING STRONG® January 10, 2012 -42- CITYMANAGER'S BRIEFING L YNNHA VEN ENVIRONMENTAL RESTORATION 3:34 P.M. ITEM # 61519 (Coutiuued) 50 Broad Bay 1 -Live ao a V 30 ^~ C d 7 Q d LL 20 I I 10 J ~ I ~ 1 '.,, ~ ~ 0 0 20 40 60 60 100 120 140 160 180 200 220 Shell length (mm) US Army Corps of Engineers -Norfolk District 24 BUILDING STRONG® 1a Broad Bay 2 -Live 12 ;I 1o T I u C 8 - 7 a 4) 6 IL I I 4 I 2 1 I~I' ':~ `I f; ~ o ' iL:: ; _;_,~I 0 20 40 60 80 100 120 140 160 180 200 220 Shell length (mm) USArmy corps or engineers- nonou uismca 25 nuumno STRONG® January 10, 2012 -43- CITYMANAGER'S BRIEFING LYNNHAVENENVIRONMENTAL RESTORATION 3:34 P.M. ITEM # 61 Sl9 (Continued) Lynnhaven oysters from restoration reefs - size ranges from 3-8" -disease used to kill almost all oysters before 3" ,,. ~~ - "~~' ~' ,~,-- w - ;~; ~R US Army Corps of Engineers- Norfolk District 26 BUILDING STRONG® January 10, 2012 -44- CITYMANAGER'S BRIEFING LYNNHAVENENVIRONMENTAL RESTORATION 3:34 P.M. ITEM # 61519 (Continued) Environmental Benefits -TMDL • A Section 22 Study funded by the City of Virginia Beach and the USACE examined the benefits of oyster filtration to water quality • Initial results of this Pilot Study: • Nitrogen removal via denitrification from oyster reefs ranged from 15.1-20.2 Ibslacrelmonth (1 Ib/acrelmonth at a bare sediment site) • Nitrogen sequestration in oyster tissues and other reef organisms ranged from 495.8-656.51bslacrelyr compared to 32.6 Ibs/acrelyr at a bare sediment site • These numbers represent one month of data -more is needed to more accurately estimate annual N removal rates US Artny Corps of Engineers -Norfolk District 26 BUILDING STRONG® Environmental Benefits -TMDL • Oyster reefs also filter TSS and some of this is deposited into the reef matrix and sediments for long-term removal from the water column, increasing water clarity • Further study is needed to quantify TSS removal rates from restoration reefs ~.~. US Army Corps of Engineers- Norfolk District 29 BUILDING STRONG® January 10, 2012 -45- CITYMANAGER'S BRIEFING LYNNHAVENENVIRONMENTAL RESTORATION 3:34 P.M. ITEM # 61519 (Continued) Timeline for Lynnhaven River Oyster Restoration • Section 704b authorized for VA - 2000 • Feasibility Report Completed -June 2005 • Phase I Construction (28 acres) Dec 2007 • Planted seed -August 2008 • Phase II Construction (35 acres) Dec 2008 • Planted Seed -August 2009 The City of Virginia Beach provided $100k in funding support for planting seed on the restored reefs ,,; USArmy Corpa of Engineers- Nortolk District 30 BUILDING STRONG® January 10, 2012 -46- CITY COUNCIL LIAISONREPORTS 4:05 P.M. ITEM # 61520 Councilman Davis referenced the Green Run Homeowner's Association Meeting tonight, the community is extremely excited and he will be attending tonight at 7.•00 p.m. The Lyric Opera of Virginia put on the "King & I" this last weekend. It was significant for two reasons: the first, the talent on the stage was phenomenal having two Broadway Actors playing lead roles. The second was we have a lot of childhood actors inside the Hooray Players and the local actors have never had an opportunity to be on stage with two artists of that caliber to learn from. The kids were so excited and kudos to those of you here that brought the Sandler Center to Virginia Beach. This Performing Arts Center is starting to reap some amazing rewards. ITEM # 61521 Councilman DeSteph referenced the Aquarium set a record with attendance this year with more than 600, 000 visitors. They are constantly moving things around and adding to the exhibits. January 10, 2012 -47- C I T Y COUNCIL COMMENTS 4: 06 P.M. ITEM # 61522 Councilman Diezel distributed a flyer re two local young men who spent less than $50.00 to submit a commercial to the Superbowl for Doritos. The young men got into the final five and they are now down to the final two. The grand prize, which is rather significant, is a voting prize and these are two local high school graduates so it would be nice to get behind these two young men and go on-line and vote. ITEM # 61523 Coacncil Lady Wilson referenced a Resolution she distributed earlier from today's paper. There is an article re changing the date of opening Schools from after to before Labor Day. It hurts tourism and that is how we keep our taxes low and it is good for our community and also helps support Schools. There has been a lot of talk about this as an economic development issue but the education of the kids is important. Council Lady Wilson would like to take a look at it and get some numbers so the General Assembly can make a good decision. Councilman Uhrin advised this is a big deal not just for Virginia Beach, but the entire state. The VHTA conducted a similar study two years ago and the dollar amounts associated with eliminating this law are very significant in terms of economic impact. This is notable and very significant in terms of the direct fiscal impact on the State of Virginia so taking the time to quantify that and get an independent study would be very worthwhile and he hopes the City Council will support that. Councilman DeSteph requested a copy of the VHVA Study on this. Councilman Moss suggested that the public have an opportunity to review the document and the City Manager place this item on the January 24`'' Agenda. We should not vote on something as significant as this when the public does not have an opportunity to review same. Councilman Davis advised that time is of the essence. We all understand how the General Assembly works. If we wait until the 24`x` and they are done by the end of February, we might as well wait until next year. Coamcil Lady Wilson stated the State would be doing a study before a decision is made. Council Lady Wilson is concerned about how rapidly things move in Richmond once the Session starts. She would like for the Resolution to be added today. ITEM # 61524 Councilman DeSteph advised Steve Herbert has done a great job working with the community and Schools trying to come up with a solution and a plan for Remediation of the School Revenue Sharing Formula. City Council needs to provide direction to the Ciry Manager to either work with Superintendant Merrill, himself, or Mr. Spore direct Mr. Herbert to work with Mr. Merrill, to come up with a plan for Remediation. We are down to four things that can be fixed, all reasonable in his opinion. I feel that it should be at that level to get the School Board and Schools to understand the seriousness of this issue. Mayor Sessoms requested that the item be held for two weeks. January 10, 2012 -48- ITEM # 61525 Councilman Moss raised the issue during the last meeting in December that he did not want to wait and on March 27"' for the City Manager's presentation of the FY2012-2013 Budget and get a recommendation with tax increases without an opportunity to find alternative direction. At the time, the Mayor said it would be added to the Agenda for a thirty minute discussion when we came back. Councilman Moss requested that the issue be followed through and it be handled on January 24`x'. ITEM # 61526 Councilman DeSteph saw a movie Atlas Shrugged over the holidays. He read the book and the movie was phenomenal. January 10, 2012 -49- AGENDA REVIEW SESSION 4:18 P.M. ITEM # 61527 BY CONSENSUS, the following shall compose the CONSENT AGENDA: J. ORDINANCES/RESOLUTION Ordinances to AMEND the City Code: a. Sections 16-44, 16-45, 16-47, 16-48, 16-49, 16-SI and 16-54 re definitions, eligibility requirements, initial sales, discounts, maximum prices and resales of Workforce Housing units (shall be DEFERRED, BY COSENT, until January 24, 2012) b. Section 21-407 re charges for towing and storage of vehicles 2. Ordinance re SALE of School Board property for the Thalia Transfer Station and ALLOW the School Board to retain the sale proceeds in a capital improvement fund 3. Ordinance to RESCIND Ordinance 2898A (approved October 11, 2005) re authorized acquisition of property by agreement or condemnation for expansion of the City's landfill 4. Resolution to REQUEST the Director of Department of Environmental Quality (DEQ) to DESIGNATE the Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach, the Counties of Isle of Wight and Southampton and the Towns of Boykins, Branchville, Capron, Courtland, Ivor, Newsoms, Smithfield and Windsor as the Regional Solid Waste Management Unit and DESIGNATE the Hampton Roads Planning District Commission (HRPDC) as the Regional Solid Waste Management Unit Agency S. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned right-of--way, known as Lake Wesley, for DAVID I. ANSELL to maintain an existing wood fence and fixed pier, construct and maintain a boat lift, mooring piles, float, access ramp and a fixed pier at the front and/or rear of 517 Virginia Dare Drive 6. Ordinances to ACCEPT, APPROPRIATE and TRANSFER: a. $230, SOD from the Department of Homeland Security to the Police Department re equipment to enhance the response capabilities of their Marine Unit b. $206, 828 from the Virginia Department of Health, Office of Emergency Medical Services, to EMS re additional rescue equipment medical supplies c. $97, 000 from the Commonwealth of Virginia and $108,426 from the General Fund Reserve for Contingencies to the General Registrar to fund the March 2012 Presidential Primary Election January 10, 2012 -50- AGENDA REVIEW SESSION ITEM # 61527 (Continued) d. Funds within the FY 2011-12 School Budget 1) $213,203 from Instruction to Technology 2) $172, 803 from Administration to Technology 3) $ 8,264 from Operations and Maintenance to Technology 4) $ 8,157from Technology to Operations and Maintenance e. Donation of $54, 000 in medical supplies and equipment from the Hampton Roads Planning District Commission (HRPDC) to convert an existing mass casualty vehicle of Emergency Medical Services (EMS) to a disaster medical support unit Council Lady Wilson will abstain on #3 Item J.l.a. (Workforce Housing Units) shall be DEFERRED, BY CONSENT, until the City Council Session of January 24, 2012. January 10, 2012 -51 - AGENDA REVIEW SESSION ITEM # 61528 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: K. PLANNING 1. Application of STEVE'S TOWING, INC./W. CECIL CARPENTER FAMILY TRUST for a Conditional Use Permit re bulk storage of motor vehicles at 5890 Thurston Avenue. DISTRICT 4 -BAYSIDE 2. Applications of ARAGONA CHURCH OF CHRIST at 527 North Witchduck Road. DISTRICT 4 -BAYSIDE a. Chan,~e of Zoning District Classification from R-7.5 Residential to Conditional PD- H2 Planned Unit Development Overlay with underlying A-12 Apartment b. Conditional Use Permit re a religious use 3. Application ofLBH, LLC/VIRGINIA BEACHASSOCIATES, L.C. for a Chan e o Zoning District Classification from I-1 Industrial to Conditional A-36 Apartment at 400 and 402 Military Highway DISTRICT 1 - CENTERVILLE 4. Application ofASHVILLEPARK, LLC/ATCREALTYSIXTEEN, INC. for a Modi acation ofProffers on Conditional Change o Zoning at Princess Anne Road Village B, South side of Ashville Park DISTRICT 7 - PRINCESS ANNE 5. Application of NEW CINGULAR WIRELESS, LLC - T/A AT&T for a Modi tcation of Condition No. 2 on a Conditional Use Permit (approved April 13, 2010) re a wind loading requirement at 408 Sandbridge Road DISTRICT 7 -PRINCESS ANNE 6. Ordinance to AMEND Sections 2100 and 2102 of the City Zoning Ordinance (CZO) pertaining to the purpose and intent of Article 21 (Workforce Housing) re definitions and eligibility requirements Item K.2.(a)(b) (ARAGONA CHURCH OF CHRIST) shall be DEFERRED INDEFINATELY, BY CONSENT. Item K.3 (LBH, LLC/VIRGINIA BEACH ASSOCIATES, L.C) shall be DEFERRED INDEFINATELY, BY CONSENT. January 10, 2012 -52- AGENDA REVIEW SESSION ITEM # 61528 (Continued) Item K4 (ASHVILLE PARK, LLC/ATC REALTY SIXTEEN, INC.) shall be DEFERRED INDEFINATELY, BY CONSENT. Item K.6. (WORKFORCE HOUSING) shall be DEFERRED, BY CONSENT, until the City Council Session of January 24, 2012. January 10, 2012 -53- ITEM # 61529 Mayor Sessoms entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose PERSONNEL MATTERS: Discussion, consideration of, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2- 3711 (A)(1) Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLICLY-HELD PROPERTY.• Discussion or consideration of the, acquisition of real property for public purpose, or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). Acquisition/Disposition of City Property.• Princess Anne District 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 LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probably litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body; or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2-3711(A)(7). Employment Litigation Upon motion by Councilman Wood, seconded by Councilman Uhrin, City Council voted to proceed into CLOSED SESSION at 4.•30 P.M. January 10, 2012 -54- ITEM # 61529 (Continued) Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, and James L. Wood Council Members Voting Nay: None Council Members Absent.• Robert M. Dyer [Delayed in traffic) Rosemary Wilson [Stepped out) (Closed Session: (Break: (4:30 P.M. - 5:57 P.M.) (4:31 P.M. - 4:37 P.M.) January 10, 2012 -SS- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL January 10, 2012 6:00 P.M. Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, January 10, 2012, at 6:00 P.M. Council Members Present: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Cozmcil Members Absent: None INVOCATION: Rabbi Israel Zoberman Beth Chaverim Synagogue PLEDGE OF ALLEGIANCE 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 a part of the record. January 10, 2012 -56- 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 3°ecorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones 'letter of April 10, 2007, is hereby made a part of the record. Coamcil Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Dixon Hughes Goodman and is directly and indirectly involved in many of Dixon Hughes Goodman's transactions. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year, Dixon Hughes Goodman 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 10, 2012, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knotivledge. 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 a part of the record. January 10, 2012 -57- RECOGNITION Mayor Sessoms RECOGNIZED the following BOYSCOUTS in attendance. BOYSCOUT TROOP 7 January 10, 2012 -58- Item - VI-E CERTIFICATION ITEM # 61530 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, 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 Cozmcil Members Absent: None January 10, 2012 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 #61529, Page 53, 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. uth Hodges Fraser, MMC City Clerk January 10, 2012 -59- Item - VI-F.1 MINUTES ITEM # 61531 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of December 13, 2011. Voting: 11-0 Coamcil Members Voting Aye. Glenn R. Davis, William R. "Bill " DeSteph, Harpy 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 Cozmcil Members Voting Nay: None Council Members Absent.• None January 10, 2012 -60- Item - VI-H.1 MAYOR'S PRESENTATION ITEM # 61532 Mayor Sessoms introduced William J. Walker, Captain, and presented him with a RESOLUTION commending and congratulating Plaza Volunteer Fire and Rescue for Fifty Years of invaluable service. Captain Walker expressed his appreciation for the Mayor and City Council's support over the years, as well as the citizens and business owners and the family members for their continued support. January 10, 2012 -61- Item - VI-H.2 MAYOR'S PRESENTATION ITEM # 61533 Mayor Sessoms introduced Ms. Mary Ware, Director -Virginia Criminal Injuries Compensation Fun, and Harvey Bryant, Commonwealth's Attorney, for the presentation of the VICTIM WITNESS PROGRAM OF THE YEAR AWARD. Ms. Ware advised that every state in the nation has this fund and pays out-of-pocket expenses on behalf of violent crimes. In Virginia, the fund is all funded with Offender Fees. The office relies heavily on local Victim Witness Assistance Programs to refer victims, help victims file documents and gather the documents to prove expenses. The Committee reviews One Hundred Five (105) Victim Assistance Programs in the Commonwealth of Virginia in naming a "Program of the Year ". Because of their efforts, over Two Hundred Thirty Two (232) claims for benefits were submitted from Virginia Beach for funding, resulting in over Two Hundred Thousand Dollars ($200,000) that came back to the community in the form of medical expense payments, funeral expense payments and lost wages on behalf of the victims. Mr. Bryant thanked the City Council for their support of the Commonwealth Attorney's Office and specifically for the support of this Victim Witness Unit. This unit does a lot more than get money back for victims of crime. They stay in contact with the victims and often are the second person associated with the City of Virginia Beach after the Police Ojf cers and they do an enormous job in what is usually a very emotional situation. Ms. Ware presented the Plaque to Mayor Sessoms. Mayor Sessoms thanked the Victim Witness Program for all of their efforts and hard work. January 10, 2012 -62- Item - VI-H.2 MAYOR'S PRESENTATION ITEM # 61534 Mayor Sessoms introduced and presented Sandra Thompson with a plaque conferring the designation of MASTER MUNICIPAL CLERK Mayor Sessoms offered his congratulations. Ms. Thompson thanked the City Council for all their support. Ms. Thompson achieved this in nine years. Mrs. Fraser advised that Ms. Thompson worked 30 years in the City of Norfolk and retired before coming to Virginia Beach. January 10, 2012 -63- ADD ON ITEM # 61535 Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council APPROVED the request to ADD-ON to the Consent Agenda: Resolution requesting the General Assembly refrain from changing the State Law regarding Post-Labor Day opening for Schools until the Joint Legislative Audit and Review Commission has analyzed the economic impact of such a change. Voting: 10-1 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: None January 10, 2012 -64- Item VI-I ADOPT AGENDA FOR FORMAL SESSION ITEM # 61536 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION January 10, 2012 -65- Item VI-J. ORDINANCES/RESOLUTIONS ITEM # 61537 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, Items la (Deferred January 24, 2012), b, 2, 3 (Council Lady Wilson abstaining), 4, S, 6a/ b/c/d/e, ADD-ON of the CONSENT AGENDA. Councilman Moss shall vote a VERBAL NAY on the ADD-ON Resolution re State Law for Post-Labor Day School opening. Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and .Tames L. Wood Council Members Voting Nay: None Council Members Absent: None January 10, 2012 - 66 - Item VI-J.l a. ORDINANCES/RESOLUTION ITEM # 61538 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED TO JANUARY 24, 2012, BY CONSENT: Ordinances to AMEND the City Code: a. Sections 16-44, 16-45, 16-47, 16-48, 16-49, 16-SI and 16-54 re definitions, eligibility requirements, initial sales, discounts, maximum prices and resales of Workforce Housing units Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, 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: None January 10, 2012 - 67 - Item VI-J.l b. ORDINANCES/RESOL UTION ITEM # 61539 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT.• Ordinances to AMEND the City Code re Section 21-407 re charges for towing and storage of vehicles Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, 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: None January 10, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 AN ORDINANCE TO AMEND SECTION 21- 407 OF THE CITY CODE PERTAINING TO CHARGES FOR TOWING AND STORAGE OF VEHICLE SECTION AMENDED: § 21-407 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 21-407 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Sec. 21-407. Charges for towing and storage of vehicle; receipt required. (a) No tow truck service or operator operating within the City shall, at any time, charge a basic towing fee greater than the fees set forth below: TABLE INSET: Gross weight of vehicle Maximum fee 11,000 pounds or less $x:99 135.00 11,001 pounds or more 285.00 The basic fee shall be inclusive of any additional towing services such as the use of a dolly. This subsection shall apply only when a vehicle is moved or towed without the prior consent and agreement of the owner or custodian of the vehicle. (b) No tow truck service or operator shall assess any charges for storage for the initial twenty-four (24) hours, nor charge more than twenty-five dollars ($~9-9A 25.00) per twenty-four-hour period thereafter, for any vehicle with a gross weight of eleven thousand (11,000) pounds or less removed from private property without the consent of the owner or custodian of the vehicle, whether such tow originates in this City or any other jurisdiction. For vehicles with a gross weight of more than eleven thousand (11,000) pounds, a storage fee not to exceed twenty-five dollars ($~99 25.00) per twenty-four-hour period may be assessed after the first twenty-four (24) hours. Delays caused by storage yard personnel shall not be included when computing storage charges. (c) If any vehicle is not redeemed within seventy-two (72) hours after it is towed, the tow truck service shall be entitled to recover an additional fee, not to exceed seventy-five dollars ($aA-AA 75.00), as payment for the cost of any search conducted to determine the registered owner and lien holder, if any, of the vehicle. (d) No tow truck service or operator shall charge any fee for mileage, or any other fee in addition to the basic towing fee set forth in subsection (a) above. In order to ensure that no tow truck service or operator collects more than the fees authorized by 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 this section, tow truck services and operators shall provide change for cash payments made by any person whose vehicle has been towed or released after hook up. (e) A monetary receipt for each and every fee collected must be given to those persons whose vehicles have been towed by a tow truck service, or released after hook up, upon release of the vehicle. The information on the receipt must be clearly legible and include the time, date and place of the tow, the name of the tow truck operator who made the tow, and the name of the tow truck service for which said operator works. The receipt must also list the amount of money paid for the release of the vehicle, any additional charges incurred in the tow, and the reason for said additional charges. The following shall be printed conspicuously on every receipt: "NOTICE: Virginia Beach City Code § 21-407(f) requires the tow company to offer you a Survey and Comment Form with this receipt." A copy of the receipt must be retained by the tow truck service for a period of one (1) year and shall be made available for inspection by city police or the Commissioner of the Revenue during normal business hours of the tow truck service owner. (f) A survey and comment form, developed by the Towing Advisory Board, shall be offered to those persons whose vehicles have been towed by a tow truck service, or released after hookup, upon release of the vehicle. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 1 0th day of ; ,,,, ~ ~.,, , 2012. APPROVED AS TO CONTENT: Police Department APPROVED AS TO LEGAL SUFFICIENCY: City A ey' ffic CA11357 R-1 December 27, 2011 -68- Item VI J.2. ORDINANCES/RESOL UTION ITEM # 61540 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance re SALE of School Board property for the Thalia Transfer Station and ALLOW the School Board to retain the sale proceeds in a capital improvement fund Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, 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.• None January 10, 2012 1 AN ORDINANCE APPROVING THE SALE OF 2 SCHOOL BOARD PROPERTY FOR THE 3 CITY'S THALIA TRANSFER STATION AND 4 ALLOWING THE SCHOOL BOARD TO RETAIN 5 THE PROCEEDS 6 7 WHEREAS, the City of Virginia Beach (the "City") has proposed to purchase from 8 the School Board of the City of Virginia Beach (the "School Board") certain real property 9 located on the Thalia Elementary School site and identified as a 30,995 sq. ft. portion of 10 GPIN 1477-86-7494 and all 20,000 sq. ft. of GPIN 1477-85-9618 (together, the "Property") 11 for the City's Neighborhood Channel Dredging Program Initiative; 12 13 WHEREAS, Virginia Code §22.1-129 allows a school board to sell real property for 14 which the school board has no future use, and to retain the proceeds of such sale upon 15 approval of the local governing body and after the school board has held a public hearing 16 on such sale and retention of proceeds; 17 18 WHEREAS, the School Board held a public hearing on October 18, 2011 to take 19 public comment on the proposed sale of the Property to the City and retention of the 20 proceeds therefrom; 21 22 WHEREAS, the School Board adopted a Resolution on December 20, 2011 finding 23 no further use for the Property, determining that the Property may be sold, agreeing to sell 24 the Property to the City, and intending to retain the proceeds of the sale. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 1. That the sale of the Property as shown on Exhibit A, attached hereto and 30 made a part hereof, from the School Board to the City is hereby approved; and 31 32 2. That the School Board may retain all of the proceeds of the sale, provided 33 such proceeds are placed in a capital improvement fund, which fund shall only be used for 34 new school construction, school renovation, and major school maintenance projects. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 oth day of 37 ~T~„¢~.~, , 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: . _____._-a_ ,~ , ~n~~ Irv Publi or /Engineering City Attorney CA11979 1\vbgov.com\DFS1 Wpplications\CityLawProd\cycom32\W pdocs\D029\P013\00053111.DOC R-1 December 29, 2011 RCINIA BEACH CITY PUBLIC SCHOOLS A H E A D O F T H E C U R V E RESOLUTION REGARDING THE SALE OF SCHOOL BOARD PROPERTY SCHOOL BOARD FOR THE CITY'S THALIA TRANSFER STATION ards D i l D Ed the City has identified the need to purchase certain School Board real property located on the Thalia WHEREAS an e . w Chairman , Elementary School site and identified as parcels GPIN 1477-86-7494 and GPIN 1477-85-9618 for the City's Neighborhood District 1-Centerville 1585 Lake James Drive Channel Dredging Program Initiative; and VA Beach, VA 23464 oz59 C h 717 495 3551 the City's Neighborhood Channel Dredging Program Initiative will reestablish use of navigable waters, WHEREAS ( ) ) . - - ( " " , improve water quality, increase property value, and be of benefit to the citizens of Virginia Beach; and Brooke, Iv W{Iliam J. BAI Vice•Chairman WHEREAS, the Cit has ro osed urchasin such arcels to build the Thalia Transfer Station on the bank of Thalia Y p p p g p District 7-Princess Anne 4099 Foxwood Drive, suite 1oa Creek on a portion of the Thalia Elementary School site and improve the existing road between the creek and Thalia Road, Virginia Beach, VA 23462 ild anon-motorized watercraft launch facility with a pad for a future storage building, will construct improved parking b 222-D134 (w) • 286-2772 (c) u facilities behind the Thalia Fire Station, and will open the new launch and parking facilities to the public for use when Todd C. Davidson At-Large dredging is not in progress; and 1861 Mayberry Drive 23456 locating the Thalia Transfer Station at the proposed location will greatly improve the efficiency of the dredging WHEREAS VA Beach, VA 427-3330 (w) .gas-s4os (~) , project and, minimize disruption and damage to the citizens' residences, and is a unique opportunity not available on other Emma L. "Em"Davis School Board property; and District 5 - Lynnhaven 1125 Michaelwood Drive 1-129 allows the School Board to sell real property that it determines it has no future use Virginia Code §22 WHEREAS VA Beach, VA 23452 . , for and the School Board has held a public hearing on October 18, 2011 to take public comment on the proposed sale of 340-8911 (h) the property to the City and retention of the proceeds therefrom; and Dorothy M. "Dottie" Holtz AI-Large WHEREAS, due to the unusual location of the proposed Thalia Transfer Station on the perimeter of the Thalia Elementary 1304 Downs Lane 234 School property furthest away from the school building, the wetlands designation of certain portions of such prope y as 55 VA Beach, VA 460-2440 (h) resource protection areas which make that portion of the property unusable to the School Board, the long-term, nominal Brent N. Mckenzie rent existing lease of Thalia Fire Station to the Thalia Volunteer Fire Department, the benefits that the Thalia Transfer District 3-Rose Hall Station and proposed improvements to existing facilities will bring to the citizens of Virginia Beach, and the location of the 1400 Brookwood Place VA Beach, VA 23453 property away from residential areas and inclose proximity to major roadways, the School Board has identified a unique 61s-z73s (~) opportunity to partner with the City on a project that will provide lasting benefits to the citizens of Virginia Beach. Ashley K. McLeod At-Large NOW THEREFORE BE IT RESOLVED, that 5508 Del Park Avenue In accordance with Virginia Code §22.1-129, the School Board finds that, due to the unique nature of the parce s 1 VA Beach, VA 23455 552-0348 (h) , identified as GPIN 1477-86-7494 and GPIN 1477-85-9618, the history of the School Board's use of such parcels, Samuel G. "Sam" Reid the important benefits that will be enjoyed by the citizens of Virginia Beach if the Thalia Transfer Station and District6-Beach related improvements are built, and the unique opportunity to partner with the City on a project that will have 1533 VA Be~h Blvd. VA Beach, VA 23454 lasting benefits to the quality of life in Virginia Beach, that therefore, the School Board finds that it does not have 284-1067 (c) further use for such real property and determines that it is may be sold. Patrick5.5alyer The School Board agrees to sell a 40,955 sq. ft. portion of GPIN 1477-86-7494 and all of GPIN 1477-85-9618 2 District 2 - Kempsville 4849 Haymarket Drive . (20,000 sq. ft.) to the City for the appraised value of Two Hundred Fifty-Two Thousand Eight Hundred Dollars VA Beach, VA 23462 800 and that such funds will be laced in a dedicated Ca ital Im rovement Pro ect to be used exclusive) 252 ($ ) p P P J Y 620-2141 (c) , for new construction, renovation or major maintenance of schools in the City of Virginia Beach. Carolyn D. Weems District4-Bayside 3. Additionally, the School Board and the City have reached agreement concerning conditions and terms of the use 1420 Claudia Drive VA Beach, VA 23455 of these properties and the impact to the operation and use of Thalia Elementary School and property. The 464-6674 (h) agreement between the parties is memorialized in a letter that is attached to this Resolution as Exhibit A and the Vacant ' parties agree that the terms of this agreement will be implemented and any future issues concerning the impact At-Large to Thalia Elementary School will be cooperatively addressed by the parties. Adopted by the School Board this 20~ day of December 2011 SUPERINTENDENT Daniel D. wards, Chairman James G. Merrill, Ed.D. ATTEST: 2512 George Mason Drivz VA Beach, VA 23456 263-1007 }}} /`y ~ /// J'. Diane P. Alexander Clerk of School Board School Administration Building • 2512 George Mason Drive • P.O. Box 6038 • Virginia Beach, VA 23456-0038 PA1h-UirAU~bYy1Nl~lr.•i[Kf ~~~ L .~~. :' r :~~~~'~ ~,y,~~, ~1.1y Of v1 ~7t"1)'y ~. $ec'1,C~'1 VB~V.COIII orntx or n1e Cm M~wrwme 1767) 0161241 FAX (767) 427121 TTY: 711 December 9, 2011 The Honorable William D. $easoms, Jr., Mayor axed Members of City Council Subject: Thalia Transfer Station Letter to Schoob Dear Council Members: ~ Carron Bu~DNYO 1 2401 CAIMTYgU~e DMIe VNWUwA BeACN, VA 43/669001 After discussion with Schools, we have revised the letter to Dr. Merrill and the School Board that was sent on December 2, to include language to assure the Schools that trucks and other construction vehicles will not utilize Thalia Road to access the site during school bus arrival and departure times. In addition, due to the variables involved in school bus scheduling (early release, holidays, etc.), Schools have agreed to provide bus schedules to City staff (see the fourth bullet on page 2). A copy of the revised correspondence is attached for your inforn~ation. Should you have any questions, please contact Dave or me. With Pride in Our City, C J a .Spero C M ger JRS/s Attachment ,. .~~ '~ ,~ .... ~~~~ ~ ~:~ o~+s'~.;SiM_,,~ t . ~IlN li~~"a,f orris a na cm wuu~wa FAX p TDLI (7b~) 0!l~AS06 December 9, 2011 Chairman and Members of the Virginia Heach School Hoard via Dr. James a. Merrill, Superintendent of Schools SUBJECT: Thalia Transfer Station Dear Dr. Merrill, Chairman Edwards and Members of the School Board, Mu~aaac~ Miwn~-a 1Nr1e11, rtooM 734 7A01 G~UI1fIb11M dwt NRO1wt1U011, VA2i1069001 As a follow up to our staff presentation to the School Board regarding the City's request to acquire approximately 50,000 square feet of Thalia Elementary School property for the purpose of constructing amulti-use facility for dredge material transfer, public access to the Lynnhaven River, creating a volunteer firefighter museum and a canoe/kayak/rowing club launch facility, I am providing this confirmation of our conunitments as extended by Deputy City Manager Dave Hansen during those briefings. Access drive: A two-lane, curbed, asphalt access drive designed to carry loaded trucks will be constructed from Thalia Road to the proposed transfer station. Because of the timing of the replacement for the 'Thalia Fire Station, this drivo will bo built in two phases: the first phase will be constructed immediately and will extend from the rear of the existing fin station to the transfer station; the second phase will include a concrete entrance apron at Thalia Road and will extend from Thalia Road to the beginning of the first phase, and will be constructed once the existing fire station is replaced and the newer portion of the existing fire station is demolished. The drive will serve jointly as the access to the transfer station and for public use of the site. Landscaping: All trees on School Board property, outside of the acquisition area, will be protected and will remain. Additional landscaping will be provided between the edge of the existing wooded areas and Thalia Road, will provide screening of the roadway aad the new Firefighter Museum rear parking lot. Our landscape services will coordinate with the school staff to design and install acceptable landscaping. Fire Museum: Upon completion of the fire station replacement at Town Center, the newer wing located at the southern end of the Thalia fire station will be demolished, restoring the building to its original historic footprint. It is our wrdcrstanding that a non-profit organization will renovate the interior of the fire building to create a firefighter's museum. City of Virgi ni a Bach VI3}H-vxom Thalia Transfer Station December 9, 2011 Page Z The City will assume responsibility to manage the lease agreement with the Thalia Volunteer Fire Department, Inc. After the new Town Confer fire station is built, it is anticipated that t1u nonprofit will request a nominal rent lease of the remaining older portion of the building for use as a firefighter's museum. Any such lease will be subject to City Council approval and pursuant to all required procedures. This initiative, though not fully developed, has my initial support, Canoe Launch: Integrated into the unprovements for the proposed transfer station will be the construction of a canoe/lcayak launch, to be available for use by the public during periods when transfer operations are not underway. The facilities will include a 60 foot by 12 foot floating dock, accessed by a 70 foot aluminum gangway. Space for rowing teams: A building pad area will be reserved near the canoe launch for future construction of a crew club storage building. The G~nstruction of the storage building will be accomplished by flu crew club. The club will have non-exclusive use of the small parking area near the launch. The construction of the storage building will require an agieement with the crew club, xhe terms of which will be subject to approval by Council and subject to compliance with state law procedures for the use of public property. Parking area: A small parking lot will be constructed near the launch. In addition the parking lot behind the existing fire station will be repaved and striped for joint use between those visiting the firefighter's museum and the public using the canoe launch and the adjacorn baseball fold. Operations: • Transfer operations will occur only during daylight hovers • Work on weekends will be determined on a case by case basis • Flagmen will be utilized as necessary to assure safety on Thalia Road • Doting school bus arrival and departure tunes at Thalia Elementary School, trucks and other construction vehicles will not utilize Thalia Road to access the site, schedules of school bus arrival and departure tunes will be provided. • Trucks will be no more frequent, on average, than one every 15 minutes (two or three may arrive at once, at the beginning of the day, until loads are spaced out, but with no further traffic for 30 to 45 minutes) • Trucks will be watertight and wiU be covered • All trucks will be loaded to within legal load capacities • Awash rack will be provided to assure trucks leaving the situ do not drop material on the roadways • Broom tractors will be utilized as necessary to keep the access drive and Thalia Road clean • Signs will be erected to eu~iiiounce that the canoe launch is temporarily closed to public use during operations • The schedule of operations will be coordinated with the crew clubs ThAlia Triuufer aMtlon December 9, 2011 Page 3 As 'Dave indicated in his presentation the staff will, in advance of City Council discussions, notify your office of upcoming projects which would require the use of the dredged material transfer site so that you and the school staff will have an opportunity to provide comment and operational input for the City Council to consider in the approval process.' We sincerely believe that this is a wonderful opportunity to create amulti-use facility to further enhance our public's access to the Western Branch of the Lynnhaven River as well as provide the logistical node necessary to support our neighborhood's efforts to revitalize the valuo of their waterfront properties. I have great confidenco in our City atai~s ability abide by our commitments and wish to reassure you that this request is with my full endorsoment. Sancoroly, I , W~ Jamo K. Spore ger JKS/DLH/s Attachment c: Mayor William D. Sessoms, Jr. Members of City Council Mark Stiles, City Attorney Dave Hansen, Deputy City Manager Dale Holt, Assistant Superintendent .;,,~, .;.~... s .~ Q ~~ ~~ R N ado dr~dHl ~ ( i i ~ ~~ :~ ~~ .... i,, ~ I ~ .~ .,~r~ `A, 'S ~ 1 ~V ~.F ~~+1~ ~ `V ` ~~1 ' [v` __ __ __~ ~~ '1 . ~._ ~ ~ I Q ~.'` e i r A ,, ~ ~ N ~ ~! ~ ~ i ~~* ~~ ~ ~~: e 7 ~ r ~ y ~ ~ D r ~ ~ ~ w O vm ma Zo ~Z ~~ OQ ~W Up -69- Item VI-J.3. ORDINANCES/RESOL UTION ITEM # 61541 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to RESCIND Ordinance 2898A (approved October 11, 2005) re authorized acquisition of property by agreement or condemnation for expansion of the City's landfill Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining.• Rosemary Wilson Council Members Absent: None January 10, 2012 i AN ORDINANCE RESCINDING ORDINANCE 2 2898A (OCTOBER 11, 2005), WHICH 3 AUTHORIZED ACQUISITION OF PROPERTY 4 BY AGREEMENT OR CONDEMNATION FOR s EXPANSION OF THE CITY'S LANDFILL 6 7 s WHEREAS, on October 11, 2005, the City Council adopted Ordinance 2898A (the 9 "Ordinance") authorizing acquisition of certain property from Williams Holding Corp. and io Tallwood L.P. and/or their successors and assigns, either by agreement or condemnation, 11 which property was necessary to expand the City's existing landfill located in the Centerville 12 District on Centerville Turnpike; 13 14 WHEREAS, the City's plans have changed with respect to the expansion of the is landfill, and the City has no immediate plans to acquire the lands authorized to be acquired i6 in the Ordinance; and i~ is WHEREAS the Council desires to rescind the Ordinance and the authority granted ~9 therein. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That the City Council rescinds Ordinance 2898A of October 11, 2005, and rescinds 2s the authority granted therein. 26 27 Adopted by the Council of the City of Virginia Beach, Virginia, on the 10th day of 2s January , ~>~~~. 201 2. CA-11728 R-1 \\vbgov.com\dfs1 \applications\citylawprod\cycom32\wpdocs\d014\p011 \00023898.doc PREPARED: 12/14/11 APPROVED AS TO CONTENT (`, ~a `'`~ d,111~1'3' ~ . C7" ~rivS~~ LIC WORKS/REAL STATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM C AT NEY . • ••.. ~ • • '~ ~ ~ t' ~~ ~ ~ Q 1455-73-1742 '°~ ~ ' 04.195 ACS. ~ ~ ... .. T~s, S ~S 7 ~~ ~ ~ '6 ? 1455-62-6392 j , 7 ~~S' ~`'~ • • • S.34S ACS. ' LOCATIUN MAP PRC)PERTY 4F WILLIAM HC?LDING C(JRPQRATION AND TALLWC)fJD ! f L, P. ~~~ Rp' ,5~4 ~~ SCALE: 1" = 444` -70- Item VI-J.4. ORDINANCES/RESOLUTION ITEM # 61542 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution to REQUEST the Director of Department of Environmental Quality (DEQ) to DESIGNATE the Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach, the Counties of Isle of Wight and Southampton and the Towns of Boykins, Branchville, Capron, Courtland, Ivor, Newsoms, Smithfield and Windsor as the Regional Solid Waste Management Unit and DESIGNATE the Hampton Roads Planning District Commission (HRPDC) as the Regional Solid Waste Management Unit Agency Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, 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: None January 10, 2012 1 A RESOLUTION REQUESTING THE DIRECTOR OF THE 2 DEPARTMENT OF ENVIRONMENTAL QUALITY TO 3 DESIGNATE THE AREA OF THE REGIONAL SOLID WASTE 4 PLANNING UNIT AND TO DESIGNATE THE HAMPTON 5 ROADS PLANNING DISTRICT COMMISSION AS THE 6 REGIONAL SOLID WASTE PLANNING AGENCY 7 8 9 WHEREAS, the Virginia Solid Waste Planning and Recycling Regulations (9 VAC 20- 10 130-10, et. seq.) (the "Regulations") require the Director of the Department of Environmental 11 Quality (the "Director") to designate solid waste planning units; and 12 13 WHEREAS, the Regulations allow a group of jurisdictions to petition the Director for 14 designation as a solid waste planning unit, and, if the proposed region meets the standards 15 established for designation, the Director shall approve the request; and 16 17 WHEREAS, the localities in Southeastern Virginia have a long history of cooperative 18 regional solid waste planning and management; and 19 20 WHEREAS, it is the sense of the City Council that the Cities of Chesapeake, Franklin, 21 Norfolk, Portsmouth, Suffolk and Virginia Beach, the Counties of Isle of Wight and 22 Southampton, and the Towns of Boykins, Branchville, Capron, Courtland, Ivor, Newsoms, 23 Smithfield and Windsor should be designated as, and constitute, the Regional Solid Waste 24 Planning Unit; and 25 26 WHEREAS, the Regulations also require the designation of a solid waste 27 management agency; and 28 29 WHEREAS, currently, the Southeastern Public Service Authority of Virginia ("SPSA") 30 is designated as the Regional Solid Waste Management Agency; and 31 32 WHEREAS, at their respective March, 2010 meetings, both the HRPDC and SPSA 33 determined that the HRPDS should more appropriately serve as the Regional Solid Waste 34 Management Agency; and 35 36 WHEREAS, under contract to SPSA, the HRPDC has completed a revised Regional 37 Solid Waste Management Plan to meet the requirements of the Regulations; and 38 39 WHEREAS, the revised Regional Solid Waste Management Plan, which was 40 approved by the HRPDC on September 15, 2011 and by SPSA on September 28, 2011, 41 designates the HRPDC as the Regional Solid Waste Management Agency; and 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 WHEREAS, the City of Virginia Beach concurs with the action taken by the Boards of the HRPDC and SPSA regarding the above designations; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City of Virginia Beach hereby requests the Director of the Department of Environment Quality to: 1. Designate, as the Regional Solid Waste Planning Unit serving the Southeastern Virginia Region, the area encompassed by the Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach, the Counties of Isle of Wight and Southampton, and the Towns of Boykins, Branchville, Capron, Courtland, Ivor, Newsoms, Smithfield and Windsor; and 2. To designate the Hampton Roads Planning District Commission as the Regional Solid Waste Planning Agency for the aforesaid area. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Clerk shall forward a certified copy of this Resolution to David K. Paylor, Director of the Department of Environmental Quality, and to John Oarlock, Deputy Executive Director of the Hampton Roads Planning District Commission. Adopted by the City Council of the City of Virginia Beach on the t~_ day of January , 2012. APPROVED AS TO CONTENT ~ ~ ~.~ ~. Public rks Department APPROVED AS TO LEGAL SUFFICI NCY: d z Ci y Attorney's Office CA-12096 December 19, 2011 R-1 2 -71- Item VI-J. S. ORDINANCES/RESOL UTION ITEM # 61543 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned right-of--way, known as Lake Wesley, for DAVID I. ANSELL to maintain an existing wood fence and fixed pier, construct and maintain a boat lift, mooring piles, float, access ramp and a fixed pier at the front and/or rear of 517 Virginia Dare Drive Voting: I1-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, 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.• None January 10, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF CITY RIGHT-OF- WAY KNOWN AS VIRGINIA DARE DRIVE AND INTO A PORTION OF CITY PROPERTY KNOWN AS LAKE WESLEY LOCATED AT THE FRONT AND REAR OF 517 VIRGINIA DARE DRIVE, FOR PROPERTY OWNER DAVID I. ANSELL WHEREAS, David I. Ansell desires to maintain an existing four (4) foot wood fence into a portion of City right-of-way known as Virginia Dare Drive and also maintain an existing wood fixed pier into a portion of City property known as Lake Wesley, and construct and maintain a boat lift, two (2) mooring piles, a float, access ramp (gangway), and a fixed pier, into a portion of City property known as Lake Wesley, all of which are located at the front and rear of 517 Virginia Dare Drive, in the City of Virginia Beach, Virginia; and WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's property subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, David I. Ansell, his heirs, assigns and successors in title are authorized to maintain an existing four (4) foot wood fence and an existing wood fixed pier, and construct and maintain a boat lift, two (2) mooring piles, a float, access ramp (gangway), and a fixed pier in a portion of the City's property as shown on the map marked Exhibit "A" and entitled: "ENCROACHMENT REQUEST - `EXHIBIT A' FOR DAVID I. ANSELL LOT 30, RESUBDIVISION OF PART OF CROATAN BEACH PRINCESS ANNE CO., VA (M.B. 37, PG. 11) BEACH DISTRICT DATE: JUNE 8, 2010 SCALE: 1" = 40'," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and David I. Ansell (the "Agreement"), which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and 47 48 49 50 51 52 53 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as David I. Ansel) and the City Manager or his authorized designee executes the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the ~ 0th day of January , 2012. CA-11647 R-1 PREPARED: 12/06/11 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM R.,,, U~LIC WORKS, REAL ESTATE ~~. `-"" ASSISTArICIT,CfTY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 2nd day of November, 2011, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DAVID I. ANSELL, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 30" formerly VANDERBILT AVENUE as shown on that certain plat entitled: "RESUBDIVISION OF PART OF CROATAN BEACH PRINCESS ANNE CO, VA SCALE 1" = 100' JUNE, 1954, prepared by C A BAMFORTH, C L S PRINCESS ANNE CO VA," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 37, at page 11, and being further designated, known, and described as 517 Virginia Dare Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain an existing four (4) foot wood fence and an existing wood fixed pier, and construct and maintain a boat lift, two (2) mooring piles, a float, access ramp (gangway), and a fixed pier, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as Virginia Dare Drive and City property known as Lake Wesley the "Encroachment Area"; and GPIN'S: (CITY RIGHT-OF-WAY ' NO GPIN REQUIRED OR ASSIGNED) 2427-20-6108-0000; (CITY PROPERTY KNOWN AS -LAKE WESLEY) 2427-20-9585-0000; (517 Virginia Dare Drive) WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly 'described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "ENCROACHMENT REQUEST - `EXHIBIT A' FOR DAVID I. ANSELL LOT 30, RESUBDIVISION OF PART OF CROATAN BEACH PRINCESS ANNE CO., VA (M.B. 37, PG: 11) BEACH DISTRICT DATE: JUNE 8, 2010 SCALE: 1" = 40'," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be 2 removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall make a SEVEN HUNDRED TWO DOLLAR ($702.00) payment, payable to the City Treasurer, to the Department of Planning as compensation for the typically required 15-foot-wide riparian buffer area that cannot be established on the property of the Grantee; said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City-owned property. t 3 It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Public Works Engineer's Office or the Department of Public Utilities Engineering Division. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property 4 tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, David I. Ansell, the said Grantee, has caused this Agreement to be executed by his signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 2012, by CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 2012, by CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: _ (SEAL) 6 By STATE OF ,~, ' , " c~ CITYf~GA~Pd~~ O ~ - , to-wit: The foregoing instrument was acknowledged before me this ~_ day of ~~? r,~1~~~ , 2011, by David I. Ansell. ` (SEAL) otary Public Notary Registration Number: `~ i ~ ~~ y ~--1 My Commission Expires: 1 ~ jy~~J i 2 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM SI N TURE A ER, ~-~` A T CITY ATTORNEY ~~ I~~~G.~ ~sr)~~. DEPARTMENT 7 \N/\CITY OF VIRGINIA BEACH 427-20-610$ ~ LAKE WESLEY REF. M.B. 37, P. 11 (D.B. 2020, PG. 282) \ \ ~--FLOOD ~ \ \ ~ ~EBBi \ qs \ \ 5,0~ \ \~ ~ 22' 20' PROM \s\~,~ o PROP. MP ~ FLOAT 2s~ \ cy 1 g' 10 \s~\c,~- \9~y~~ PROP.~~, \ ' RAMP ~~ \ \ o I 16' ~ 4 18 ~ \~yqy \ \ ~ `~ PROP. \~ ,~~ N FIXED I PROPI 20' 28' PIER OX MLW .._.._ BOAT 58 ~ APP p8~201b ~~„~ LIFT 17 og° 35 ~~~~p6/ ~ '" ~ ~ 1~~ ~~ui~ ~~~ ----- __. ---- m _,y,,__MEAN LOW WATER~~ ~~~ ~ 1~ _ 1~ 1~ _-- . T .. , My W IP IP EX. DECK ~ O 0 p LOT 29 0 1-STY-FRM ~ LOT 31 ~ N/F EDMUND RUFFIN ~ ,~ ~ 2427-30-0414 ~ #517 WILLIAM A. GOOCH 1 w (D.B. 3742, PG. 285) #20090720000834870 ^ 2427-20-9676 ~ ~ ~ W ao uj 3 D.B. 3267, P. 459 , Q ~ 'tn O ~ ~ ~ t' '_ N ~ ~ a. ~ :t CONCRETE d' = Q' ~ DRIVEWAY ~ v JQ ~, Z z Lor 30 ~ ~~ m z GPIN: 2427-20-9585 ~Q J ~ IP 60.00' IP A= 00' IP ~?~ o ~, N 04'14'15" W R ~Cb' ;~ ~3jy4, v ~ 0 8' ii ;~ 17.5' N 0 20.3' OUT ~ EXISTING 20.3' OUT w 4' WOOD FENCE PLAN VIEW ~ VIRGINIA DARE DRIVE (vw~ ° 40' so' N (VANDERBILT AVE. -PLAT) ~ (M.B. 37. P. 11) ~~-40 ENCROACHMENT REQUEST - 'EXHIBIT A' WATERFRONT FOR CONSULTING DAVID I. ANSELL INC. LOT 30, RESUBDIVISION OF PART OF CROATAN BEACH 1112 JENSEN DRIVE, sTE. 2os PRINCESS ANNE CO., VA (M.B. 37, PG. 11) VIRGINIA BEACH, VA 23451 ' PH:c~S~~azsezaaFAx:hs~~2~s-sse~ BEACH DISTRICT DATE• JUNE 8 2010 517 Virginia Dare Drive Existing Wood Pier *Ramp and floating pier to be demolished. Existing Wood Fence - 72 - Item VI-J.6a1b/c/d1e. ORDINANCES/RESOLUTION ITEM # 61544 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT.• Ordinances to ACCEPT, APPROPRIATE and TRANSFER: a. $230,500 from the Department of Homeland Security to the Police Department re equipment to enhance the response capabilities of their Marine Unit b. $206, 828 from the Virginia Department of Health, Office of Emergency Medical Services, to EMS re additional rescue equipment medical supplies c. $97, 000 from the Commonwealth of Virginia and $108, 426 from the General Fund Reserve for Contingencies to the General Registrar to fund the March 2012 Presidential Primary Election d. Funds within the FY 2011-12 School Budget 1) $213,203 from Instruction to Technology 2) $172,803 from Administration to Technology 3) $ 8,264 from Operations and Maintenance to Technology 4) $ 8,157 from Technology to Operations and Maintenance Donation of $54, 000 in medical supplies and equipment from the Hampton Roads Planning District Commission (HRPDC) to convert an existing mass casualty vehicle of Emergency Medical Services (EMS) to a disaster medical support unit Voting.• 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson ana' James L. Wood Council Members Voting Nay: None Council Members Absent: None January 10, 2012 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE DEPARTMENT OF HOMELAND SECURITY TO 3 PURCHASE EQUIPMENT TO PREVENT, DETECT, AND 4 RESPOND TO POTENTIAL ACTS OF TERRORISM 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 1. That $230,500 is hereby accepted from the Department of Homeland Security 8 through the Virginia Department of Emergency Management and appropriated, with 9 estimated federal revenues increased accordingly, to the FY 2011-12 Operating 10 Budget of the Police Department to purchase equipment that will enhance the 11 response capabilities of the Marine Unit; and 12 13 2. The equipment purchased with these grant funds is not guaranteed to be replaced 14 by the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia on the 1 otn day of Januarv 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 2 _. ~ .~ ~~' ~ `,~ Management Services C' e ' -Office CA12102 R-1 December 27, 2011 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS TO PURCHASE ADDITIONAL RESCUE EQUIPMENT AND MEDICAL SUPPLIES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $206,828 is hereby accepted from the Virginia Department of Health, Office of Emergency Medical Services and appropriated, with estimated state revenues increased accordingly, to the FY 2011-12 Operating Budget of the Department of Emergency Medical Services to purchase additional rescue equipment and medical supplies. Adopted by the Council of the City of Virginia Beach, Virginia on the 1 oth day of ;T~„ ~ ~.~, 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~ Management Services --C` -.8-'t ey's Office CA12095 R-1 December 19, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 AN ORDINANCE APPROPRIATING STATE REVENUE AND TRANSFERRING FUNDS FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO THE FY 2011-12 OPERATING BUDGET OF THE GENERAL REGISTRAR FOR THE PRESIDENTIAL PRIMARY ELECTION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $97,000 is hereby appropriated from the Commonwealth of Virginia, with state revenues increased accordingly, to the FY 2011-12 Operating Budget of the General Registrar; and 2. That $108,426 is hereby transferred from the General Fund Reserve for Contingencies to the FY 2011-12 Operating Budget of the General Registrar to fund the March 2012 Presidential Primary Elections. Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day Of January , 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT ~ 1 ~~~~ , Management Services APPROVED AS TO LEGAL SUFFICIENCY: r„_ _._ Ci AAtt."~~~~ e ' ice CA12101 R-1 December 22, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 AN ORDINANCE TO TRANSFER FUNDING WITHIN THE FY 2011-12 SCHOOL OPERATING BUDGET BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funds within the FY 2011-12 School Budget are hereby transferred in the amounts set forth below: 1. $213,203 from the Instruction Classification of the Operating Fund to the Technology Fund; 2. $172,803 from the Administration Classification of the Operating Fund to the Technology Fund; 3. $8,264 from the Operations and Maintenance Classification to the Technology Fund; and 4. $8,157 from the Technology Fund to the Operations and Maintenance Classification of the Operating Fund. Adopted by the Council of the City of Virginia Beach, Virginia, on the 10th day of January , 2012. APPROVED AS TO CONTENT: r ~~y Management Services APPROVED AS TO LEGAL SUFFICIENCY: ~.._. ~~ ~~. ---wit tto ey s Office CA12100 R-1 December 27, 2011 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO ACCEPT THE DONATION OF MEDICAL SUPPLIES AND EQUIPMENT FOR A DISASTER MEDICAL SUPPORT UNIT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That disaster medical supplies and equipment valued at $54,000 is hereby accepted from the Hampton Roads Planning District Commission to convert an existing mass casualty vehicle in the Department of Emergency Medical Services to a disaster medical support unit for the City. Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day of Januarv 2012. APPROVED AS TO CONTENT ~~~ Management Services APPROVED AS TO LEGAL SUFFICIENCY: .._.._~~ _,. City A orn ffice CA12097 R-1 December 21, 2011 -73- ItenZ ADD-ON ORDINANCES/RESOL UTION ITEM # 61545 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution requesting the General Assembly refrain from changing the State Law regarding Post-Labor Day opening for Schools until the Joint Legislative Audit and Review Commission has analyzed the economic impact of such a change. Voting: 10-1 Council Members Voting Aye: Glenn R. Davis, William R "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: None January 10, 2012 REQUESTED BY COUNCILMEMBER WILSON 1 A RESOLUTION REQUESTING THE GENERAL 2 ASSEMBLY TO REFRAIN FROM CHANGING THE STATE 3 LAW REGARDING POST-LABOR DAY OPENING FOR 4 SCHOOLS UNTIL THE JOINT LEGISLATIVE AUDIT AND 5 REVIEW COMMISSION HAS ANALYZED THE 6 ECONOMIC IMPACT OF SUCH A CHANGE 7 WHEREAS, the total spending from the tourism industry in Virginia Beach for 8 calendar year 2009 was $1.06 billion, stimulating 11,596 jobs; and 9 WHEREAS, a disproportionate share of that revenue is generated during the 10 City's Resort Season, which begins the Friday before Memorial Day and ends on Labor 11 Day; and 12 WHEREAS, starting schools prior to Labor Day would effectively reduce the 13 available vacation time in August by two weeks, which is prime family vacation time that 14 cannot be replaced; and 15 WHEREAS, calculating the amount of the adverse economic impact to the City, 16 other vacation destinations in the state, and the Commonwealth as a whole requires 17 careful study and analysis, and any decision of this magnitude should be the subject of 18 a comprehensive study so legislators will understand the financial impacts such a 19 change would bring; and 20 WHEREAS, the Joint Legislative Audit and Review Commission is the body 21 established by law to evaluate the economic impact of legislation with statewide 22 impacts. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH: 25 That the General Assembly is hereby requested to take no action to change the 26 law regarding post-Labor Day school openings unless and until the Joint Legislative 27 Audit and Review Commission has conducted a study of the economic impact of such a 28 change to localities and the Commonwealth as a whole. 29 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF 30 VIRGINIA BEACH: 31 That the City Clerk is directed to provide a copy of this Resolution to the 32 members of the City's General Assembly Delegation and to the Honorable Bob 33 McDonnell, Governor of the Commonwealth of Virginia. 34 Adopted by the City Council of the City of Virginia Beach on the 10th day of 35 January 2012. APPROVED AS TO LEGAL SUFFICIENCY: ~~ CITY ATTORNEY' FFICE CA12109 R-1 January 10, 2012 - 74 - Item VI-K. PLANNING ITEM # 61546 1. STEVE'S TOWING, INC./W. CECIL CARPENTER FAMILY CONDITIONAL USE PERMIT 2. ARAGONA CHURCH OF CHRIST CHANGE OF ZONING CONDITIONAL USE PERMIT 3. LBH, LLC/VIRGINIA BEACHASSOCIATES, L.C. CHANGE OF ZONING 4. ASHVILLE PARK, LLC/ATC REALTY SIXTEEN, INC. MODIFICATION OF PROFFERS S. NEW CINGULAR WIRELESS, LLC- T/A AT&T/ MODIFICATION OF CONDITIONAL USE PERMIT (Approved: April 13, 2010) 6. Ordinance to AMEND Sections 2100 and 2102 of the City Zoning Ordinance (CZO) pertaining to the purpose and intent of Article 21 (Workforce Housing re definitions and eligibility requirements January 10, 2012 -75- Item VI-K. PLANNING ITEM # 61547 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, BY CONSENT, Item I, Item 2a/b (DEFERRED INDEFINITELY), Item 3 (DEFERRED INDEFINITELY), Item 4 (DEFERRED INDEFINITELY), Item S, Item 6 (DEFERRED TO JANUARY 24, 2012) of the PLANNING BY CONSENT AGENDA. Voting.• 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, M. Dyer, Barbara M. Henley, Vice Mayor Moss, Mayor William D. Sessoms, Jr., Joh Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Harry E. Diezel, Robert Louis R. Jones, John D. n E. Uhrin, Rosemary January 10, 2012 - 76 - Item VI-K.1. PLANNING ITEM # 61548 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, AS CONDITIONED, a Resolution upon application of STEVE'S TOWING, INC./W. CECIL CARPENTER FAMILY TRUST for a Conditional Use Permit re bulk storage of motor vehicles at 5890 Thurston Avenue. (GPIN 1459937553) DISTRICT 4 -BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of STEVE'S TOWING, INC./W. CECIL CARPENTER FAMILY TRUST for a Conditional Use Permit re bulk storage of motor vehicles at 5890 Thurston Avenue. (GPIN 1459937553) DISTRICT 4 -BAYSIDE The following conditions shall be required: The existing chain link fence may remain; however, the length of fence parallel to Baker Road shall be replaced with a solid fence at least six (6) feet in height and plant material meeting the Category VI screening requirement shall also be installed prior to issuance of a Certificate of Occupancy. Existing plant material along the northern property line shall remain and the applicant shall develop a planting plan in consultation with the Development Services Center's Landscape Architect to fzll in areas devoid of plant material. In the event the applicant elects to remove the existing plant material in this area, plants meeting the Category VI screening requirement shall be installed along the northern property line. 2. Any vehicle towed to the storage yard shall be operable, with the exception of wrecked vehicles towed to the site. A determination of operability of a wrecked vehicle shall be made within five (S) business days of arrival at the site. No wrecked vehicle shall remain on the site for more than five (S) business days. January 10, 2012 - ~~ - Item VI-K.1. PLANNING ITEM # 61548 (Continued) Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, 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: None January 10, 2012 - 78 - Item VI-K.2. PLANNING ITEM # 61549 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY, BY CONSENT, Applications of ARAGONA CHURCH OF CHRIST at 527 North Witchduck Road (GPIN 1467981860) DISTRICT 4 - BAYSIDE a. Change of Zoning District Classification from R-7.5 Residential to Conditional PD- H2 Planned Unit Development Overlay with underlying A-12 Apartment b. Conditional Use Permit re a religious use Voting: I1-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, 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.• None January 10, 2012 - 79 - Item VI-K.3. PLANNING ITEM # 61 SSO Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY, BY CONSENT, an Ordinance upon application of LBH, LLC/VIRGINIA BEACH ASSOCIATES, L.C. for a Change of Zoning District Classification from I-1 Industrial to Conditional A-36 Apartment at 400 and 402 Military Highway (GPIN 1456396914; 1456392555) DISTRICT 1 - CENTER VILLE Voting: 11-0 (By Consent) Council Members YotingAye: Glenn R. Davis, William R. "Bill " DeSteph, 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.• None January 10, 2012 - 80 - Item VI-K.4. PLANNING ITEM # 61 SSI Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINATELY, BY CONSENT, Ordinance upon application of ASHVILLE PARK, LLC/ATC REALTY SIXTEEN, INC. for a Modification of Proffers on a Conditional Change of Zoning at Princess Anne Road Village B, South side of Ashville Park. (GPIN 2413165292) DISTRICT 7 -PRINCESS ANNE Ordinance upon application of ASHVILLE PARK, LLC/ATC REALTY SIXTEEN, INC., Modif cation of a Conditional Change of Zoning, East side of Princess Anne Road Village B, South side of Ashville Park (GPIN 2413165292). DISTRICT 7 -PRINCESS ANNE Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, 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: None January 10, 2012 -81- Item VI-K. S. PLANNING ITEM # 61552 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED AS CONDITIONED, BY CONSENT, Ordinance upon application of NEW CINGULAR WIRELESS, LLC - T/A AT&T for a Modification of Condition No. 2 on a Conditional Use Permit (approved April 13, 2010) re a wind loading requirement at 408 Sandbridge Road (GPIN2434018103)DISTRICT 7 - PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of NEW CINGULAR WIRELESS, LLC - T/A AT&T for a Modification of Condition No. 2 on a Conditional Use Permit (approved April 13, 2010) re a wind loading requirement at 408 Sandbridge Road (GPIN2434018103)DISTRICT 7 -PRINCESS ANNE The following conditions shall be required: All conditions, with the exception of number two (2), attached to the Conditional Use Permit granted by City Council on April 13, 2010, shall remain in effect 2. Condition Number Two (2) of the April 13, 2010, Conditional Use Permit is deleted and is replaced with the following condition: The applicant shall submit a structural analysis report performed in accordance with TIA- 222-G standard based upon a wind speed of 158 mph (3-second gusts) using exposure Category C with an importance factor (I) of 1.15 confirming that the tower, as designed, has sufficient capacity to support four (4) sets offlush-mounted antennas as depicted on Sheet A-2 of the site plan. The proposed maintenance building will be designed fora 110-mph sustained wind speed (120mph 3-second gust) with the maximum importance factor. 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 Tenth of January, Two Thousand Twelve January 10, 2012 -82- Item VI-K. S. PLANNING ITEM # 61552 (Continued) Voting.• 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, 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: None January 10, 2012 -83- Item VI K.6. PLANNING ITEM # 61553 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED TD JANUARY 24, 2012„ Ordinance to AMEND Sections 2100 and 2102 of the City Zoning Ordinance (CZO) pertaining to the purpose and intent of Article 21 (Workforce Housing) re definitions and eligibility requirements. Voting: 11-0 (By Consent) Council Members Voting Aye. Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, 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: None January 10, 2012 -84- Item VI-l. APPOINTMENTS ITEM # 61554 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: COMMUNITYMEDICAL ADVISORY COMMISSION COMMUNITY SER VICES BOARD ENERGYADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD PARKS AND RECREATION COMMISSION SOCIAL SERVICESADVISORYBOARD January 10, 2012 -85- Item VI-L.1. APPOINTMENTS ITEM # 61555 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Mr. Daniel A. Koach Unexpired term thru 06/30/2013 BIKEWAYS AND TRAILS COMMITTEE Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, 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: None January 10, 2012 - 86 - Item VI-L.2. APPOINTMENTS ITEM # 61556 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: GEORGE DENICE TAMMIE RICE JOSIE SPRAGUE 3 year term - 04/01/2011-03/31/2014 CLEAN COMMUNITY COMMISSION Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and .lames L. Wood Council Members Voting Nay: None Council Members Absent.• None January 10, 2012 - 87 - Item VI-L.3. APPOINTMENTS ITEM # 61557 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: FINANCE DIRECTOR EMPLOYEE RELATIONS MANAGER SCHOOLS CHIEF FINANCIAL OFFICER DIRECTOR OFHUMANRESOURCES PAYROLL ADMINISTRATOR 1 MEMBER OF CITY COUNCIL - JOHND. MOSS 1 REPRESENTATIVE OF SCHOOLS- WILLIAM J. BRUNKE 1 REPRESENTATIVE OF THE SHERIFF l REPRESENTATIVE OF THE SCHOOL BOARD No Term DEFERRED COMPENSATION BOARD Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R "Bill " DeSteph, Harry E Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, 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: None January 10, 2012 -88- Item VI-L.4. APPOINTMENTS ITEM # 61558 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: DONALD V. JELLIG STEPHENR. ROMINE WILLIAM D. SESSOMS, JR. DOROTHY WOOD 1 year term HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE Voting.• 11-0 Council Members Voting Aye: Glenn R. Davis, William R "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, 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.• None January 10, 2012 -89- Item VI L.4. APPOINTMENTS ITEM # 61559 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: JAN R UCINSKI 4 year term 01/01/2012 -12/31/201 S PLANNING COMMISSION Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, 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: None January 10, 2012 -90- Ite~: VLO. ADJOURNMENT ITEM # 61560 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6:23 P.M. Amanda Finley-Barnes, CMC Deputy City Clerk uth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor January 10, 2012 -91- PUBLIC DIALOGUE Gene Backman, 708 Manor Drive, Phone:373-6657, spoke re trash pickup/recycling. Mr. Backman requested the recyclables be picked up every single week and that trash be picked up every other week. Christine Ross, 5557 New Colony Drive, Phone: 905-1835, spoke re abortion laws. Ms. Ross requested that all concerned citizens contact the Virginia Department of Health and file complaints against local abortion mills to close them. Drake Tsioutsias, 965 Larkaway Court, Phone: 467-1357, spoke re The Historic Kempsville Development Plan. Mr. Tsioutsias is a 36- year resident of the Kempsville area. Mr. Tsioutsias expressed his gratitudE~ to City Council for the decision to defer any further activity on the Convention Center Hotel at the current time. Thank you for attention to the desires of what appears to be a vast majority of citizens that do not want the hotel to proceed as planned. Mr. Tsioutsias recommends City Council authorize and recognize the Citizen's Advisory Committee for the specific purpose of creating a dialogue in progress between concerned Kempsville Civic Leagues and the City Council for the development or reutilization of this parcel in accordance with the 2006 Historic Kempsville Master Plan. The Public Dialogue re Non Agenda Items concluded at 6:30 P.M. January 10, 2012 -90- Item VI.O. ADJOURNMENT ITEM # 61560 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6:23 P.M. Aman Finley-Barnes, CMC Deputy City Clerk ------ -- - - ----- --a~c~~ ---------------- uth Hodges Fraser, MMC William D. Sessoms, Jr. City Clerk Mayor City of Virginia Beach Virginia January 10, 2012