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FEBRUARY 14, 2012 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At-Large VICE MAYOR LOUIS R. JONES, Bayside -District 4 GLENN R. DAMS, Rore Hall -District 3 WILLIAM R. DeSTI:PH, At-/.urge HARRY E. DIF.ZEI:, Kempsvtlle - Uistrict 1 ROBERT M DYER, Centerville -District 1 BARBARA M HENLEY, Princess Anne -District 7 JOHN D.MOSS, Ar-Large JOHN E. UHRIN, Beach -District 6 ROSEMARY WILSON, At-Large JAMES L. WOOD, /,ynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER -- JAMES K. SPORE CITY ATTORNEY MARK D. STILES CITY ASSESSOR -- JERALD D. BANAGAN CITY AUDITOR - LYNDON S REM/AS CITY CL ERK -RUTH HODGES ERASER, MMC CITY COUNCIL AGENDA 14 February 2012 C/TYHALL BUILD/NG 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com I. CITY MANAGER'S BREIFINGS -Conference Room - 2:00 PM A. STORM WATER WORK PLAN Dave Hansen, Deputy City Manager B. CHESAPEAKE BAY TMDL Dave Hansen, Deputy City Manager C. SAND REPLENISHMENT Dave Hansen, Deputy City Manager II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION -Conference Room - A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL 3:30 PM C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -City Council Chamber - 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend William Dyson Bishop, Retired C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA H. MAYOR'S PRESENTATION: 1. Resolution in Recognition I. PUBLIC HEARINGS 1. EXCESS CITY PROPERTY 231 N. Oceana Boulevard 4. LEASE OF CITY-OWNED PROPERTY -Overflow parking 4th Street and Atlantic Avenue J. CONSENT AGENDA K. ORDINANCE S/RESOLUTIONS January 24, 2012 1. Ordinance to AMEND §2-451 of the City Code re Community Medical Advisory Commission 2. Ordinance to DECLARE 231 N. Oceana Boulevard as EXCESS and AUTHORIZE conveyance to William R. and Jill S. Gurley 3. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease of City-owned property with Ocean Water, LLC at 4th Street and Atlantic Avenue 4. Ordinance to AUTHORIZE a Memorandum of Agreement with the U.S. Department of the Army re Sandbridge beach replenishment 5. Ordinance to EXTEND the date for satisfying conditions re the Breathwaite Place closure of a portion of Newtown Road at Rock Creek Lane (DISTRICT 2 - KEMPSVILLE) 6. Resolution to AUTHORIZE the City Manager to EXECUTE documents on behalf of the City to petition the Commonwealth Transportation Board to TRANSFER property remaining from the completed VDOT construction of a portion Northampton Boulevard to the City 7. Resolution to REQUEST the Virginia Beach Development Authority (VBDA) terminate the existing PPEA process for development of a Headquarters Hotel 8. Resolution to give DIRECTION to the City Manager re FY2012-2013 Budget 9. Ordinance to ACCEPT and APPROPRIATE a 2007 Port Security Grant of $13,125 to the Police re terrorism deterrents 10. Ordinance to TRANSFER funds within the FY2011-12 School Operating Budget a. $2,108,000 from Instruction to Technology b. $275,000 from Administration, Attendance, and Health to Transportation c. $225,000 from Operations and Maintenance to Transportation d. $38,835 from Administration, Attendance, and Health to Transportation L. PLANNING 1. Applications of YMCA OF SOUTH HAMPTON ROADS re a recreational facility to include an indoor/outdoor pool (approved May 27, 2008) at Princess Anne Road and Dam Neck Road: (DISTRICT 7 -PRINCESS ANNE) a. Modification of all Proffers of a Conditional Rezoning b. Modification of the Conditional Use Permit RECOMMENDATION APPROVAL 2. Application of ASHVILLE PARK, LLC/ATC REALTY SIXTEEN, INC for Modification of Proffers Nos. 11 18 19 and 30 of a Conditional Rezoning (approved May 10, 2005) at Princess Anne Road, Village B, Ashville Park (DISTRICT 7 -PRINCESS ANNE) RECOMMENDATION APPROVAL 3. Application of GREYHOUND LINES, INC. for a Conditional Use Permit re a passenger transportation terminal at 971 Virginia Beach Boulevard (DISTRICT 6 -BEACH) DEFERRED APRIL 12, MAY 10, AUGUST 9, 2011 RECOMMENDATION APPROVAL 4. Application of KEITH P. and CHERI N. CARL for a Variance to §4.4(b) of the Subdivision Ordinance that all newly created lots meet the requirements of the City Zoning Ordinance (CZO) at 4824 Bradford Lane (DISTRICT 4 - BAYSIDE) RECOMMENDATION APPROVAL 5. Application of CITY OF VIRGINIA BEACH to AMEND the Comprehensive Plan to include the Interfacility Traffic Area and Vicinity as a Strategic Economic Growth Area M. APPOINTMENTS BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD HEALTH SERVICES ADVISORY BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PARKS and RECREATION COMMISSION PERSONNEL BOARD PLANNING COMMISSION SOCIAL SERVICES BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers 2012 C/TYHOLIDAYS Monday, May 28 Wednesday, July 4 Monday, September 3 Monday, November 12 Thursday, November 22 Friday, November 23 Monday, December 24 Tuesday, December 25 Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Eve (half-day) Christmas Day If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 -1- r~G~~`~~~c" ~`~ .. -' ~ `~ 7 ~O ~ ~ i ~, Z aJ-U _ >,1t R'1G ~'' ^..i~ p, „-~,/ ~ <•~:k ...~. ~.L VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia February 14, 2012 Mayor William D. Sessoms, Jr., called to order the CITYMANAGER'S BRIEFINGS, re STORM WATER WORKPLAN in the City Council Conference Room at 2:00 P.M. Council Members Present: Glenn R. Davis, William R. "Bill " DeSteph, Har M. Dyer, Barbara M. Henley, Vice Mayor Louis Moss, Mayor William D. Sessoms, Jr., John E. Wilson and James L. Wood. Council Members Absent: None ry E. Diezel, Robert R. Jones, John D. Uhrin, Rosemary February 14, 2012 -2- CITYMANAGER'S BRIEFING STORM WATER WORKPLAN 2: 00 P.M. ITEM #61601 City Manager, James Spore introduced Phil Davenport, Acting Director, Public Works. Mr. Davenport advised that storm water was the number one (1) complaint from citizens about a year ago and that Public Works was not adequately funded to deal with the volume or extent of the complaints. The slide below gives an overview of the briefing. ~,~;. `i ... Information Briefing... Overview • Storm Water Management Functional Components • Storm Water Utility Funding. • Flood Control Funding • Water Quality Funding • Operations and Maintenance Funding .- • Chesapeake Bay TMDL Update z February 14, 2012 -3- CITYMANAGER'S BRIEFING STORM WATER WORK PLAN ITEM #61601(Continued) The program consists of three (3) major components: flood control, water quality and operations & maintenance. Flood Control is one of the biggest projects. Water Quality is an area continuing to evolve with more expenses and regulations. Operations & Maintenance is a sustainability function ensuring systems are functioning at the optimal design level. ~. ``~~~ ~~ Storm Water Management Functional Components • Flood Control • Water Quality • Operations & Maintenance 3 The slide below provides the funding approved by City Council last year. ~~~ ~ )~t d Storm Water Fee per ERU - ERU - SWU Daily Daily ii 'Annual Ratel Generated Increase ~ Rate ~ Annually I FY 11 ~ $0.241 ' j $87.96 i i 521,058,267 FY 12 75¢ 50.316 $115.34 i 327,611,704 i i FY 13 5¢ ~ i $0.366 I $133.59 $31,980,644 ', ~- FY 14 5¢ i 50.416 ~ $151.84. 536,349,585 ERU = -the impervious area of a residence FY 11 No of ERU's = 239,394 J February 14, 2012 -4- CITYMANAGER'S BRIEFING STORM WATER WORK PLAN ITEM #6I601(Conti~zued) The slide below identifies specifics as to where the fimds will be used. The top three (3) projects are flood control projects. ProjectlProgram cwr aw~..e Fr,z FY13 cvra xptn ~ .4 North Lake Holly (ciP 7-oos) Si7nn 53.zzm .s¢ Ba.mre. FVttam/Bemxmoed South Lake Holly (cIP 7-ois) Su.7nn Sassnn .a¢ Ba:,ereaF.LLa,droaBtxre~ad Cape Henry Beach Drainage SsoM $6.aM i.o¢ i.s¢ Beamre, Frnt~rt~paax~aiad (CIP 7-151) Stand-up Off-Road Ditch Crew 53.7M $.85M .a¢ •a¢ kw.erao auw~sn..im.werkeor Stand-up Pipe Structure Crew 53nn S.snn .a¢ ~n ~~R R~~ ^rea1e4 fvr Lake Management (ciP 7-~sz) $84M 53.25M 2.0¢ 1.OQ 1.0¢ BasknaFYlEau[/mlBak:a LOOyear k (pondAake/canal dredging) nre Cyr a~e~.maddre:suaraaa.ke,FnoL Neighborhood Infrastructure 537nn Szzsnn iss¢ 1.35 ~Frc`z~ kmro.k..agBr<,. 3ss¢ ~' Rehabilitation (CIP 7-ooa) ~ ar aartm Bex xmae Stormwater Enhancements SaM $657K .35¢ .55¢ .95¢ preve~rcs Frlx cuf Beginsto address Chesapeake 1M~L SUb-ba51n fetrOfltS (CIP 7-183) Stormwater Pump Maintenance $3.oM $$OOK 30¢ -z¢ peplxep m.irrcea.ace, Bepeo- end rognm & Repair (swu-oe) Beach Erosion Control & e Si.aM $2$OK .2¢ Inltiateia MONmdng, MaiMenareeei Hurricane Protection (swu-oa) Beprrprpgrere 5 TOTAL 7.5¢ 5¢ 5¢ Tx~o-thirds of the funds go into operations & maintenance to address sustainability. .~.., n~,. Functional Distribution _.. ); ,,,:: s FY12 FY13 FY14 Total Flood Control 1.3¢ 1.0¢ 1.5¢ 3.8¢ Water Quality .35¢ ,55¢ , .9.5¢.. 1.85¢ .,--- Operations & Maintenance 5.85¢ 3.45¢ 2.55¢ ~~ 11.85 Total 7.5¢ 5.0¢ 5.0¢ 17.5¢ February 14, 2012 -5- CITYMANAGER'S BRIEFING STORM WATER WORKPLAN ITEM#61601(Contiuued) ,,,~. _; Functional Distribution. What Did This Do For You? • Reestablish Critical Flood Control Projects • Contributes to addressing TMDLs • Viable Ditch Management, BMP Management, Neighborhood Revitalization Program 8 FY12 FY13 FY14 flood Control 1.15M 204M 3.36M Water Quality 0.31 M 0.80M 1.64M Operations & Maintenance 5.18M 8.23M 10.49M Total 6.64M 11.07M 15.49M February 14, 2012 -6- CITYMANAGER'S BRIEFING STORM WATER WORK PLAN ITEM #61601(Continued) Mr. Davenport introduced John Fowler, City Engineer, to discuss Flood Control. t ~ ~. Flaad Gontral CIP 9 '..,,., '.,,,... The Flood Control projects in the CIP are managed by the City Engineer's Office. February 14, 2012 -7- CITY MANAGER'S BRIEFING STORM WATER WORK PLAN ITEM #61601(Continued) The funding has allowed two partially funded projects -North Lake Holly and South Lake Holly to be fully funded. Work on the Cape Henry Beach Drainage is scheduled to begin in Fiscal year 2013. +~ Y:i ~~~~~~ Flood Control CIP Projects With FY12 - FY17 Funding Number rtle ]04o aagore W~,>B - mtetlm ]038 Baker ROatl CUlvertB Dik:h lmprovemenle ]451' Cape NerryBeach Dmrre9a (Par9a0 ]035 Lavaon FOrestDmirege ]938 Level Graen~lntenm Naighborhoo8 Storm W afar InfrasVUCmra ]083 Improverrenh ]005: Norm Lake. NOty waterenad ]409 Shore Dnve Drairege Prekminary D<sign ]gib: scum lake Fbty WatereteC ]o3e ino,oagngom Daire9e-mmrim FV 12 FY h3. fY 14 FV 16 FV 18 FYt] FuM FuM FuM Furtl fud Funtl 225.000 425,000 180,000 885.000 2,112,500 2,LYL,500 '1272500 .1,885,586 45o.goo 225.000 450.000 50.000 50,000 50,000 50000 58.088 50.000 3¢zg000 ' o '. 4.. .300.000 o 0 320,000 4,988.000 zoo 00o ]]5,000 500.000 ns o0o zog o00 20p.000 0 0 9,400.000 1.885.000 2.982,500 3,212,500 3,145.588 3,145.580 ~2 February 14, 2012 -8- CITYMANAGER'S BRIEFING STORM WATER WORK PLAN ITEM#61601(Co~atinued) The slide below identifies the scope for North and South Lake Holly projects: _.~... ~ '.` ~`~ North and South Lake Holly Scope Includes • Storm Water Drainage Improvements • Storm Water Quality Improvements • Shoreline Stabilization • Sanitary Sewer Improvements • Water Main Improvements • Sidewalk Improvements • Street Improvements 13 This project is a neighborhood revitalization project and includes the following improvements: r ,~ ~ - North Lake Holly u Watershed Improvements 220-acre Lakewood neighborhood • 12,000 L.F. new storm drain pipe • Triple 5' X 5' box culvert across Norfolk Ave • 2 water quality basins at north end of lake • 3,800 L.F. shoreline improvement • 4,000 L.F. new sanitary sewer pipe • 3,300 L.F. new shared-use path along Cypress Ave & 16"' St • 13,500 L.F. street improvements 1a February 14, 2012 -9- CITYMANAGER'S BRIEFING STORM WATER WORK PLAN ITEM#61601 (Continued) Work is conducted in one part of the neighborhood at a time. This project is $17.1-Million and will be constructed in six (t5) phases to reduce the neighborhood impact during construction. The next phase, Section II, is scheduled to be advertised March 2012 and is scheduled to take approximately two (2) years to complete. ~~~ f.~ 7-005 North Lake Holly Legend Completed 111111, Seetion I•A E 1.43 M - Section I-B S 2.47 M Programmed Section II E5.29M Consl. 3/2012 312014 Section IV E2.08 M Conat 1112 01 3-1 2 /2 01 4 'Section I-C E2.01 M ~°° Cor,sl. 1112 01 4-1 2 /2 01 6 Newly Funded : Section III S 3.79 M Consl. 1112 0 1 4-1 2/2 01 6 .i.~ .,7R. - -,.;-- ~~t ~y_ ,2 4 t '~ +,.,~' ~y ~~ ~ ~: ~ ~ G1~ This project is a neighborhood revitalization project and includes the following improvements: !f 4 •, ~`"~_~_` ~ SOUTH LAKE HOLLY WATERSHED N PROJECT SUMMARY Improvements for the 200 acre drainage area include: • 16,100 L.F. of storm drain pipe • 10 Underground Sediment Removal Chambers • 3,000 L.F. of water mains • 11,900 L.F. of sanitary sewer rehabilitation & replacement • 6,500 L.F. of sidewalks along Carolina and Mediterranean Avenues connecting South Lake Holly to the oceanfront • 17,500 L.F. of street improvements 1s 15 February 14, 2012 -10- CITYMANAGER'S BRIEFING STORM WATER WORK PLAN ITEM#61601 (Continued) South Holly Lake project is being completed in four (4) manageable phases. The overall project cost is $12.7-Million. The first phase of construction for this project was awarded for construction in September 2011 and is scheduled to take approximately two (2) years to complete. ~... ``-~-~' 7-016 South Lake Holly Legend Programmed Section III 52.3 M Consl. 912011 •812013 Section II E3.91 M Consl. 912013- 812015 S~1i7m1 71' ~'i7-G ~~~ _, .. -,. S t•cliuu I Section I So.SO M canal. wzols ~reo1e Newly Funded Section IV Es.9a M Consl. 812015 -712017 17 The third project impacted by the FY2011 reduction was Cape Henry Beach Drainage. Similar to the Oceanfront, this area was originally developed without an adequate drainage system. Modern infill has overwhelmed the limited system that does exist. This entire stretch of Shore Drive is subjected to repetitive street flooding and there have been numerous instances of structural flooding. Just as we tackled the oceanfront, we see the solution to this flooding issue as a series of new collection systems, pump stations and `ocean', or in this case `bay', outfalls -the area is so relatively low lying in relation to the tidal waters where the discharge occurs. In this case, because of interaction with flood tides, a series of tide gates will likely be necessary. The estimated total costs range from $30-Million to $50-Million. 7-151 Cape Henry Beach Drainage • Initial Funding Amount$10.6M • Funding for Master Plan, Design, & Partial Construction • Improvements Will Be Phased ~' ~ " ~Ndr{~~ ~' CHESAPEAKE BAY 1 a `, ,.,~, V^ibiG ~~¢ S r (A _ _ a A1Ei:~Y, k _ '--~ ~ 4~ ., ... j 'k ~°~ ~1 "- - ~ .~1 nits-~/ ~ i ` ~ ~ '^~ t ! ,F+ ~ ~+ ~, ~~'f ^ l 1 - - 1~_ _~ t}1~c - ~ Srttlo~II r ( SCfi101ttII`~ r 1~~ February 14, 2012 -11- CITYMANAGER'S BRIEFING STORM WATER WORK PLAN ITEM#61601 (Continued) _, - '~_. 4 .I .~,~ Wlzen it rains, much of the water does not soak into the ground, but instead "runs-off" rooftops, lawns, parking lots, roads and other surface areas into the gutters, streets, pipes, swales, ditches and other manmade and natural components of the storm water management system. The storm water system then, in turn, conveys the storm water to our rivers, bay and ocean. February 14, 2012 -12- CITYMANAGER'S BRIEFING STORM WATER WORK PLAN ITEM#61601 (Continued) There are currently six (6) Water Quality projects in the CIP. The projects primarily exist for two (2) main reasons: regulatory compliance and environmental goals of the City. ''~ ~ Water Quality CIP Projects Within. FY12 - FY'17 Funding FV 12 FY 13 FY 16 FV 15 FY 18 FV ti Number Title Fund FuM Fmq FunC Furl Furl ]606 El'~betS River TMDL lmplerrentation Plan 200000 200,000 200.000 200,000 200.000 200.000 ]153 lynnnaven Waterslretl Restoration 300.000 300,000 300000 306,500 309,OBR 30fl,068 ]610 SoulSern River TMDL tirglemenlation Plan 200000 200,000 200,000 200,000 200.000 200,000 ]103 Starm WaterQUabry Enharwemenb 1 644,328 2.tfl1,0]0 2]64 A2R 244U,32R 2,552,P46 2,552,846 ]02] SWM Master Planniiq. Malyeie,aM lnvenlory 150000 150,OD0 150,D00 150.000 150.000 150,000 ]150 WeferOUaNry Participation Projects 100000 100000 100000 100 D00 _100000 100000 To[al= 2044,320 3,131,0]0 3,094.020 3,444.020 3,511.]62 3511.]62 2~ ~ ~ } .. N `' 7-183 Storm Water Quality Enhancements II Sub-Basin Retrofits • Three Steps • Determine suitable improvements • Design improvements • Construct improvements • Typical Improvements • Waterquality ponds • Bank stabilization • No discharge zones These efforts support water quality measures in watersheds throughout the City. 22 February 14, 2012 -13- CITYMANAGER'S BRIEFING STORM WATER WORK PLAN ITEM#61601(Co~ztinued) ,.. ; ;... '~ -_~:,~~-183 Storm Water Quality Enhancements V` ~~~ Sub-Basin Retrofits Comprehensive Stormwater quality Improvement Program, CIP 7-183 fl09-10 F\'13-13 fl10-11 <~15 sY 15-16 FY ]6-1) v 1rLIN ws 3oa-s e k _ I TnlaG vi .. a.sn~a v. ~ ~ W NY. f M-~~ s - e scaav F MR H Cel w k~sn~a: s~~ev "nti n.,y i6n W5300: RS en `~ W501: Oesipi ~.r •n ce, v. ortirs,a Waters~~.:.. iCe 5 - <e~sn-c. ns s[rucn CtteY- W530B: Conzwctim ;....is ~ ~.. WSO'.. ~ . .... tr..~+. rc ee ~. _ sr ~_ucn and E~IirebeM Plrer 23 „' .~~ ~ February 14, 2012 -14- CITYMANAGER'S BRIEFING STORM WATER WORKPLAN ITEM#61601 (Continued) Mark Johnson advised he will discuss the Operations and Maintenance component. ~,~ ~ ~ ~~~ Storm Water Operations and Maintenance • Actual Fee Increase and Distribution throughout Program Years • Execution Plan - In House Crew Augmentation • Off ROad ~ItC 1105 (Sheriffs work force integration) Cave In Repairs -Annual Maintenance CiP • Neighborhood Infrastructure Rehabilatation Lake BMP Management • Oceanfront Stormwater Facility Maintenance • Pump Station Maintenance 2s Pro'ecUPr ram Cost F""a'"0 Rsqulree FY13 FYtI FY1a lm[aa North Lake Holly (aP 7-oos) $17M $3.zzM .s¢ R.smres FrnrH /oeetserckea South Lake Holly (cIP ~-o1e) $12.7M $4.98M .8¢ aeroR:vrtacM /IxEtxmrce e Henry Beach Drainage Ca $60M $6.9M 1.0¢ 1.5¢ RerrorcsnsscM/DCMxmxe p (CIP 7-151) Stand-up Off-Road Ditch Crew $1.7M Stand-up Pipe Structure Crew $3M (ca"e-m> Lake Management7(clPp-1sz) $84M (pondAake/canal dredging) Neighborhood Infrastructure $37^^ Rehabilitation (cIP 7-ooa) Stormwater Enhancements SBM Sub-basin retrofits (ciP ~-1ea) Stormwater Pump Maintenance $3.oM & Repair (swu-o9> Oceanfront Storm Water $1sM Facilities Maintenance (swu-o9) TOTAL O & M Totals $.B6M .9¢ .9¢ mcreu.arrpen.erocgam r.""um ..e.w.nacr.wwgn anergraworaerce $.BM 9¢ sregomemcrottnregriesss for a,rrreawcmre rcsmogon $3.26M 2.0¢ 1.0¢ 1.0¢ re: Frtz cart/Imam:a toot'.er MaNaeruru qck gea+rsm.ealex<aeMF.axetatlx $7.26M 1.55¢ 1.35 1.6s¢ p m/Inltkm+"e°year aNlMenana qrk panty DeM Semrca.. $667K .36¢ .s6¢ .96¢ RreveM: rnzcM aeginsto aatlrcss CM1esapeekelMDL $SOOK .30¢ .2¢ IMtmteaa MelMeomrce, Repair ana ReplKe Pmgran $260K .2¢ IRIfIMesa MOMlpling,MNMenance antl Repair program 7.5~ 5~ 5~ 26 5.85¢ 4¢ 3.5¢ $5.18M $3.54M $3.1M February 14, 2012 -15- CITYMANAGER'S BRIEFING STORM WATER WORK PLAN ITEM#61601 (Continued) Public Works has augmented in-house crews this past year and will add one more in FY2013. One of the crews will be working on the weekends to make efficient use of the relationship with the Sher~'s Work Fo/-ce. We average seven (7) to nine (9) inmates Friday thru Monday, weekly, to perform ditch maintenance activities throughout the City. ,,~.'~ In House Crew Augmentation Acquired New Eguiament: • Hydraulic Excavator • 2 Tandem Dump Trucks • Single Axle Dump Truck • 2 Crew Cab Dump Trucks • Backhoe/Trailer • 2 Pickup Trucks • Passenger Van • Compressor Hired 12 New FTEs: • Two Maintenance Supervisors • Establish Programs, Selecting Operators • 10 Motor Equipment Operators Initiated Sheriff's Workforce • Seven weekend inmates per day • Started September 10, 2011 weekend shiftwork in the Southgate outfall system z7 The City has two hundred thirty seven (237) miles of off road ditches. Utilizing the Sher~'s Work Force has allowed the City to create a less reactive Off Road Ditch Plan to one that is proactive. ~;~ In House Grew Augmentation ~~~ 4ff Raad D itches FY12 Execution Capacity • August-October •237 miles of off road ditches inventoried - Sheriff's Workforce & •FY 11 - 1 existing ditch crew & Maintenance Supervisor contract support •FY 12 - 1 additional crew • Vegetative Snag and Drag •FY 13 - 1 additional crew • HandClearing •Crewaverage-7 miles/year •Crew average-10 miles/year • Outfall Stabilization (Augmented with sheriffs work • October force) • Contract support- 7 miles/year - Stand up full crew with Equipment .Goal -8 yearcycle • Work Underway/Completed includes: About3o miles per year - Southgate Ditch, Cape Henry, Baillio Ditch 2 crews over 2 yrs - Cape Henry, Salem Canal FY 12-0.9¢ - FY 12 1s' & 2^d quarter ditches FY 13 - 0.9 ¢ 2e February 14, 2012 -16- CITYMANAGER'S BRIEFING STORM WATER WORKPLAN ITEM#61601(Coutinued) During the first two (2) years of the Plan, the backlog ditches were identified by citizen reports and inspection. In FY2012, we are meeting this schedule currently, broken down by quarter and annotated on the map. OII-Bu:al ~ FY12 ®ff ~ `~' `~~ llil~ll flan I Road Ditch I° Plan -°~- ~------=~" . , tnl wnn.r am amner .~ ,.~ ~ _ _~ I .,~ ,~~~ E~~n I ~°s 1. ...~ _. °r a ~ r":~ ,~. . r, ~E~, e,a~~~"~,. ' _~ znao~.nnr am annner ~ ~~ mT '., t„ ~e,~a~ r ~ J„ - ~. ex..~, ~ '..' ', 29 ,i. A bsN nom The below slide provides each ditch in the plan by quarter and District. . ~, FY12 Off Road Ditch Plan Fy Dit h LF Gwncil FY Dltch Council LF 12 c Dlbtrict tp Olstrlet Sv 4V ~ns[on Salem Aw 3tn. _Baaah 2"" Ar,berly Raan A00f] hompsulle 1n Ro,mA Hill 4]0t Centar~,nlle 3° Ha,itage elementary 2850 Bayside 1° llptnn-me 9a 73 Przn-eG.Anne. i' Gcepna 1350 Beech 1" Ga t~rsLane 1:!JD P .. f.nnr J" Lal~Drook Dr., ti0(] beach 3" 4Yeaf Neol~IH 11D6 . Pricees Anr+e .i'" '. Ansol gene.. 2826 Rise hall. ~"` He Ic Bend 901 6ayside Rec iat.nD F 1' OW {Jw,al on. ~:+1'lD Lyn hhaea~ 3' Salem RUd0 W90 PIRrm$SAnnP.. 1` Prcd ct~.Road 300 Bach "~" F ~~perity 1600 Beach z Rmem ant Rom ~9a0 Rax Ttnll 5'. Mun~le Drtve 8x50 arlnee_a nnne 1`' Tat F est ~v 16':0 Oearn f'C tl ill=ann Paik 5?00 PrnCP55 Fnna 1". 7 ylvr Farms East 23BG' .. Bsach `N nstNtickll -12fl0 P ny. aasuemn ..._ P a~unne - BndlePam pane i5ro P ~ Coa,tg Place 9i G' Pr xes.o a. Lest Neok~1 e i9al Pnncess n~; ve henry Ca ~0 ~nha.en estNedl °26r. F ine Ba II c ~nJe +:1PD Lynnhaazr 3` SE:.rve Road _ 52]-0 Ar n~es.,Anne. to Jan Biltlgc 710 6cach t1 I _ending 152x' a Ge iPfaI BODIIi BIJO ';30 FIM s~Annd ~" Mane Rosd 2-P^2 Pr nce.a nr,nc :eking Dn~e :230 Fose Ball n OrNe z1=~ ss Anne 9ylam Canatiles[ 21e0 _nf_rnlle 9'.. Lanjof Pram ss Zi1L Pn nArne ~' La d~t r,ud rC 9aD Rose Hall d Old ~arolina Road nn re 568n P Cwiwrt m ae - e'.3C~. . P n~DC..!,r nn 4` 6leckwntei Road .92(1.'1 P ~s.A, ne so Total FY12 = 132,070 If February 14, 2012 -17- CITYMANAGER'S BRIEFING STORM WATER WORK PLAN ITEM#61601 (Continued) The FY2013 Plan is broken down and identified in the same manner. ~~~ FY13 Qff Road Ditch Plan ~- ~ cp~aaa Diank:3 Dien lE cpuN.a DiamaR - it Rail 1300 &1KIDE 600 PRINCESSANNE C Nlder 4500 ttIDF SugaaMapk Or 500 NNE BradbM 500 ttIDE imov 1200 a 3500 BAYSIDE NS Weaponz 8500 PRINCESSANNE Sulliwn 2800 BAYSIDE Bark Dr 1300 WNCESSANNE e 200D BAYSIDE Oltl Dam Neck Rd 20200 INCFSSANNE Thunderbird 250 IYNNHAVfN HlghlaM Dr 2200 PWNCESSANNE Kingz Granc Rd IYNNHAVEN nncesz Anne@Nimmo 1300 NCESS ANNE Parlument ]00 KEMPSVILLE Wimtm AV 1]00 PWNCESSANNE Ckarfield 200 KEMPSVILLE NwMLaMing@Wes3 Nx4 4900 WN<ESSANNE Durham 900 KEMPSVILLE SaMbrMge PL 500 PWNCESSANNE pewine Doo KEMnvnLE waDerowa Re aetla~a vRLE aMbrdge Raz BDO NNE E.we=awaY snaev Wae. La 340o RlrvcESSnxnF Woodzmck NEMPSVIL2E IMian Waer Rd 200 RINCESSANNE an IIIE nncessAnne~ktlian WVer PRINCESSANNE ur<hill 3VILLE nn ser Rdl 3600 RINCESSANNE a Y cet. Ptl2 900 RINCESSANNE DrihwoM 3100 HALL Wes tNec4 WI 1300 PWNCESSANNE onngak ROSE xALL ea n t Cm3nl 8550 DMIcy CWdg NNE Violet Bant 300 EMPSVIILLE Head Wver Rd PRINCESSANNE tarn CENTERVILLE Carolina Dd 5500 RINCESSANNE „lubnoutt 2600 BEA<x SOalmm iPE3 PRIN<ESSANNE arms Fi¢mwnl 2800 NNE Bealmm Peach Dr ii¢rown 2 NCESSANNE Dam Neck Pd ]200 PRINCESSANNE MuntlmW 600 220D RINCESSANNE IMian Gee4 Rd ]900 PRINCESSANNE LaMrownPd A500 NNE Blackwakrl 1600 WNCEZSANNE Pnmess Anne Ptl 2100 PRINCESSANNE Bla<4waM2 3000 PRINCESSANI~ Total FY13 = 147,550 If February 14, 2012 -18- CITYMANAGER'S BRIEFING STORM WATER WORK PLAN ITEM #6I601(Continued) Princess Anne District has 53 % of all off road ditches and the Plan allows for crews to be in this District each year. The goal is that in FY2022 all work on ditches will be completed. Off Road Ditch Maintenance Plan Council D,stncts: Miles of Ditch ('Nu oflnvenNry) 8 Year Maintenance Cycle [Year, Zone, Mileage) ,i ~I ~ '~ °°~°;~n~,~,,. < pc~ ,~ ~~ ~~ ~y -!~ s!~_ ~ ~ ~ ~~` ~~ -~ :~ `\ i __, -~, ti M. ~t i =~ t ~~- 'i __ ~_ 33 t' ~ ~-' 1~1't L OIl=[tuad `l.<~ne :1 ,,,_ %onr I llitch Jlainir>>anre ~~ 1 ~ February 14, 2012 -19- CITYMANAGER'S BRIEFING STORM WATER WORKPLAN ITEM#61601 (Continued) ,, + 1~Y Li UO=Road %olx~ li ~ ~ ~ 7,cmr 1I ~ ~,. -- ' ])itch lI'iin[rn:uu~e ~ ~~..' ~~- ~{ ~~ ~ , "~~~ r' ~ ~ ~~ ~...~ ~ ~_ _ ,_ ~r , ~ `~ ~..".,~ `~ ~ 36 l.. February 14, 2012 -20- CITYMANAGER'S BRIEFING STORM WATER WORKPLAN ITEM#61601 (Continued) •- ~ C)itc6 llanticnanc c '"^~~'~ \` \ t 1 ~~~ ~_ + .~ 1 i ~ ~ \(: F / f ~ !~ \~ ~ } ~,.s 1 (l/1 ! ~ February 14, 2012 -21- CITYMANAGER'S BRIEFING STORM WATER WORKPLAN ITEM#61601(Conti~iued) `~`, ~ , _.. ; FY16 Qff Road Ditch Plan Ditch LF Council District Zone Ditch LF Council District Zone u[n ~~c[ n,~awe c. '>ll~E N~1Wa ~F~~ ~ eh ~ ! nr.WC.ty nHNC N... rv,r ,rve N a F4n ~Pr IAkhM4N ~~ r ex~~rr „ 1'7Nt vat 1 0~ BtiHII~C -.C ~ri , .r nn n7CftlCF c.~NNf N... .r e i, rv OROMFIl l , 7 N NhYSYIt i '. jif l.t3 i K a 18N P MHi rN.NC.YSt aN NC N..... ` ,NCESS'NNF I~ F e N>YU J~Rr1+~~Nt tv.l HnY~R, t.. ~fMN4F SM b4 ] PNIN~FS.~NNC N. N NEE rN ll N 11 F 1 GVkirreN I, 6~1r~LL ~ ~ 7.c( PeKWF .4NNi L 2N1f PF NCf$ 1NNF N... FI rv n L~~. n 4L OI~P4nk .- ~ . n1'ai ~4YS LSE .. hil<T~~tN~ ¢nr '~[JrILEN VT 120 •Ptta:LSSwwa N 6 4 P y ~ N 1 1FIN_f t N 25 ~f bn ~N~tN'. 3 AO PbNCLS3 ANNS 'N YJiNH~NT=.S n r. <. 39 Total FY16 = 148,160 tf .. `.~~~ ~ 1'1'17 O11=Road r~%<nu D ~' ''/_t~nc I. `~ Uitch \ixintruati<< ~ --~~ y ` `_ f _ ~r _ ~-j tj" ~ ~r(J r -~~ ,~~ r i ~ ~ ~' J _ %' 1 40 February 14, 2012 -zz- CITYMANAGER'S BRIEFING STORM WATER WORK PLAN ITEM#61601 (Continued) ;~ ~ ~. FY'! 7 Off Road ditch Plan , _ ., _ DRCh LF council Diet.ict Zone Opch LF _..~.._ ~_...- _ _ -~ .z - CouncR Dktrkt zone t:FMP~~fl LF ._ naH~lMfrtl ~G(+ K[M~~nl ~.. S1W.ILN.U o nr ar onr r n rc ~F ik o. ~c ~a'~ ~EnfeS,alF Ir ra ririuuxi~ -. ~ w ~~ [ ~~ cFwt x.u [ '..:'u I ~It nNnn 1+6f n~nLL .iiu~i i ~v it i~ r +t i F :,airv uonnvaim ~u i<Qtvt r2 r uNV ~u rna R'+'o vwrKx anrvm ~.. 1,4(vG[P iLSY,Xr Iwo z [fnM.l r G orFCtinriY )Ff,FrY .[{ NbkCE4SCHM c~ite~ntnrv ~rm^sro Iv -t- ~ to ~aro..'t r EMMVI~Ii ~ ~ - . H1L MR18n®I.LPl~HVI) x KEMPSVhIF FCRMCE55 ANNE hD 31W u I`P.INCFSSPNhC _ TRFSIMNH 9W ai = 153,12D If Total FY17 As of today, the City has ~ five (5) crews devoted to "Cave In Repair ". One (1) crew can accomplish approximately 175 cave-ins per year. Cave-Ins have grown since 2006 due to aging and weather. 560 Cave-Ins have been repaired this year to-date. ~~ ' in House Crew Augmentation Cave In Repair • August-October - Maintenance Supervisor - Stand up full crew with equipment • Total of Five Cave in Crews - Right Sized to meet current annual cave in reports - Single crew repairs approximately 175 cave ins per year - Begin to address backlog • Backlog Attrition One Crew - Neighborhood Rehabilitation CIP FY 12 - 0.9 ¢ - Funds available for contractual support az February 14, 2012 -23- CITYMANAGER'S BRIEFING STORM WATER WORKPLAN ITEM#61601(Contiuued) The below slide provides a detail of the number of citizen reports for cave-ins and backlog work orders. The numbers have grown over the last six (6) years. ~,}.. • Average req't = 970 repairs/yr • Cave In Repair Backlog - 894 • Current In House Crew Capability - 5 crews -175 cave ins per year - 875 cave in repairs per year • Contract Support - 100 cave ins per year • Capability = 975/yr - Total of 5 crews stops the large increase in backlog ®~®'' 05-06 986 15 06-07 954 215 07-08 856 140 08-09 839 219 09-10 .1213 728 10-11 915 894 43 In House Crew Augmentation Cave In Repair Requirements/Backlog ~ ` Annual Maintenance GIR (funding and execution) CIP Project Title FY32 FY33 FY14 FY15 FY16 FY17 7-ooa Storm Water Infrastructure $11,973,527 $3,853,122 $5,224,872 $5,224,872 $5,224,872 $5,224,872 Rehabilitation 7-152 Lake $2,056,280 $2,941,280 $4,353,280 $4,353,280 $4,353,280 $4,353,280 Management 7-411 Oceanfront Storm Water $177,000 $v7,ooo $177,000 $177,000 $v7,ooo $n7,ooo Facilities Maintenance 7-412 Storm Water Pump Station $z6s,soo $44z,soo $a4z,soo $4az,soo $44z,soo $a4z,soo Modifications TOtBiS $14,472,307 $7,278,902 $10,197,652 $10,197,652 $10,197,652 $10,020,652 44 February 14, 2012 -24- CITYMANAGER'S BRIEFING STORM WATER WORK PLAN ITEM#61601 (Continued) There was a large influx of money in year one due to bond funding that allowed Public Works to move out aggressively on neighborhood storm water infrastructure maintenance. Current work includes slip lining the final phase for the neighborhood rehabilitation in the Princess Anne Plaza neighborhood, cleaning and CCTV inspection of the storm water piping in the Aragona neighborhood, slip lining sections identified in Lawson Forrest neighborhood, and storm drain cave-in repair support utilizing a Service Contractor annually. -: ~,h' ,~CIP 7-404 Storm Water Infrastructure N ~' Rehabilitation cs~ope~ Neighborhood Rehabilitation • Large, whole neighborhood aging infrastructure rehabilitation and repair Minor Neighborhood Rehabilitation • Small sections of neighborhoods with aging infrastructure and increased repair needs Cave-In Repairs (Contract) • Require special labor, materials and equipment for repairs • Slipline, pipe plugs, and divers in submerged systems * `~', ~. • .~ r :? y.`. ~w a i9 ~ " ^` ~ ~~ ~^ ~ , it „ r ~. , With a total of 2200 miles of underground pipe, prior to the fee increase, our rehabilitation cycle was once every SSO years. This is clearly unsustainable and not a responsible plan. The fee increase gets us to a rehabilitation schedule of approximately 150 years. ,~,~, ,: ~- ~ CIP 7-004 Storm Water Infrastructure Rehabilitation (scope) • 2200 miles of pipe • FY12 funding $1.49M • FY12 level cycle - 550 years • Rehabilitation cycle goal - Design life - 50 years - Target - 100 years - Requirement $8.1 M • Fee increase supports 150 year cycle (Yrsl? f Miles! Yr ACost i 50 44 $16.3 M 60 37 $13.7 M 70 < 32 $11:8 M 80 28 $10.3 M 90 25 $9.2 M 100 22 $8.1 M 150 15 $5.8 M 550 4 $1.5 M as February 14, 2012 -25- CITYMANAGER'S BRIEFING STORM WATER WORKPLAN ITEM #61601(Continued) The below slide provides the growth in funding the fee increase over three (3) years. i.`~.,`'CIP 7-004 Storm Water Infrastructure A ` ~~~~ Rehabilitation (funding} Program Basetine Fee Increase Baseline plus Year level increase FY12 $1,488,800 1.55¢/$1,371,750 $2,860,550 FY13 $1,488,800 1.35 ¢ f $1,194,750 $4,055,300 FY14 $1,488;800 1.55¢/$1,371,754 ..$5.,427,050 FY15 $1,488,800 $5,427,050 FY16 $1,488,800 - $5,427,050 FY17 $1,488,800 $5,427,050 • Does not include additional bond funding a7 The below slide provides the top, primary eighteen (18) neighborhoods which are the current candidates fo!° rehabilitation of underground infrastructure. This list totals an estimated $36.5-Million and represents a portion of the total of approximately 2200 miles of underground storm water pipe in Public Works inventory for which we are concerned. ~ ~, Neighborhood Rehabil itation Plan ~ 1. ~., NEIGHBORHOOD EST./POPULATION _ ~'~- - FY 12 Princess Anne Plaza 1960'x/11,000 ' Aragona 1950's / 9,000 • Green Run 1970'x/19,000 FY 13 Glenwood 1960'x/10,000 'fix; Ocean Lakes 1980'x/ 7,000 Kings Grant 1960'x/9,000 FY 14 WindsorWoods 1960'x15,000 • Indian Lakes 1970'x/8,000 FY15 Indian Lakes 1970'x/8,000 ~' Salem Woods 1980'x/6,000 FY16 -"~ Faifield 1970'x/6,000 _ Salem Lakes 1960'x/ 10,000 FY77 ~~~ Red Mill Farms 1980'x/ 19,000 ' ~, Lagomar 1980'x/4,000 ~~ Oul years Magic Hollow 1970'x/10,000 ... Malibu 1960's/5,000 • Southgate 1980'x/3,000 ' - Fodire 1990'x/5,000 48 ' • Courthouse Estates x/8,000 1990 February 14, 2012 -26- CITYMANAGER'S BRIEFING STORM WATER WORK PLAN ITEM#61601 (Continued) ' ~~' '~ Storm Water Infrastructure Rehabilitation (work plan) PdncesaAnhe Plaze 54.600,000 ft.a00,0a0 Aragona Ez ooo,aoo E2A0o.000 .Green Run E4.ooo,ooo Sz.WO,aoo Glenwood f2.000,W0 52,000,000 Ocean Lakes: 52.000,000 52.000.000 Kings Grant 52.000,000 f2.o0o,000 WlndsorWoods f2,000.a00 Sz,oDD.000 Indian Lakes E2.oo0,00o ft,00o.00o ft,oo0.000 Salem Wocds Sz.ooo ooo fz.ooo,tpo FairFeld Ez,0o0,000 S20oo.000 Salem lakes. St.oo0.a0o - ft,a00.0o0 Redmill Farms f2000,W0 S2.000.ooo Lagomar fi 000,000 Et.oOO.ooo Magic Hollow 52,000,000 Malibu E1,000.00D Southgate 81,000,000 Foxfire 55,000,000 Courthouse Estates E2,ooo.aoo Mliror Neigtibdrhood EB.000.WO Et 000000 St 000.000 51,000.000' 51,000.000.. ft.000,000 51,000,000. Cave-In Repairs Ee.000 mo 49 S1.oo0,a00 f1.o00.000 f1.oo0.a00 41.000,000 Et 000.000 Et 000.000 Totals 54],500,000 f'r.000,000 58000,000 f5,00p,000 55.000.000 55,000.000 55.000,000 The City has approximately seven hundred (700) lakes that are inspected. The City maintains four hu~zdred (400) of these lakes. This program was also unsustainable prior to the fee increase. ~ ~ CIP 7-'152 Lake Management - (scope} Program Components: x-~~ +~ • Lake Dredging to restore ~ -- . ~:~-*. _ Stormwater BMP functionality ~~~'`'-' • Dam/Spillway Maintenance ~' ` _ Repairs (current Inventory- 38) ~ ~ ' r=' • DCRregulatoryrequirements ~''_ for dam and spillway maintenance • WaterOualityTreatmentUnit Maintenance • Outfall Systems maintenance and stabilization repairs • BMP Bank Mowing so February 14, 2012 -z~- CITYMANAGER'S BRIEFING STORM WATER WORK PLAN ITEM#61601 (Continued) The below slide identifies that based on the funding level prior to the fee increase, the maintenance cycle was over nine hundred (900) years. With the fee increase, the maintenance cycle is one hundred (100) years. `~~'.~ ~~'' CIP 7-152 Lake Management (funding) Program Baseline Fee Increase. Baseline plus Year Level increase FY12 $286,280 2.0 ¢ / $1,770,000 $2,056,280 FY13 $286,280 1.0 ¢ / $885,000 $2,941,280 FY14 $813,280 1.0 ¢ / $885,000 $4,353,280 FY15 $813,280 $4,353,280 FY16 $813,280 $4,353,280 FY17 $813,280 $4,353,280 The below slide provides the Lake Management Work Plan '` ~` ' ~ ~ CIP 7-152 Lake Management ' `~ `:~ ~ ~ (work Galan} ®~ ® Gr.«rReoL,k~1 slsoooo9" s+,lao,o0o. Bngadeen Lake2 51,000,000 5800,000 5400,000 erq.aoon Lake3 isooooo Ssoo,ooo - BrlgetloonLake4 5250,000 f250,000 BH9etloon LaksS (200,000. 5200,000 Brigetloon Lakae f300,000 $300,000 CNnamon RW9e/7kn0arlkke (1,500,000 51.018,000 5484.000. Groan Run Lakes ~2-1) 53,250,000 53,250,000 Gnaen Run Leke 5 SS00,000 5345,000 f165,000 Brookalde Lake f500,000 SW0,009 Weat Leke Parrbroke $8,000,000 53,427,000 52,577,000 Strafford Chase Lakea (t-3) 5900,000 5800,000 LwN Grwnteke 1 5500,000 5600,000 Lwal Graan Lake 2 5250,000 5100,000 f 150,000 Reedtown L.ke(Wuhartl:. , 5750AOO 5760,000 Rock Greek Lekan )1J) 52.280.000 52,280.000 Kings Lake North f300,000 5300.000 Lynnhavan Wootla Leka 1 5300,000 5300,000 TuHN Lake 5300,000 5300,000 Wirxlsor Park 5300,000 5293,000 Teals 118,850,000 51,780,000 52,888,000 54,079,000 S4A78,000 54.077,000 54,353A00 February 14, 2012 -zs- CITYMANAGER'S BRIEFING STORM WATER WORK PLAN ITEM#61601 (Continued) The Oceanfront Storm Water Facility Sustainment is a new CIP funded from the fee increases. This allows the City a dedicated fund source to maintain storm water infrastructure along the Oceanfront in conjunction with the Hurricane and Seawall Protection Project. CIP 7- 411 Qceanfront Storm Water Facility Sustainment (scope} Project Focus: New project to perform Sustainment of the Beach Erosion Control and Hurricane Protection Project. Associated infrastructure includes: •SeawalUBoardwalk, concrete repairs to joints, stairs, railings •Ocean Outfalls underwater inspections and repairs •Stormwater Pump Stations (16tt', 42nd, 61St, & 79t'') Scope of Work and Execution Plan: • Clean & inspect wet wells, including remove pumps & perform 3 year inspections • Replace nonfunctioning sump pump at 16th St. station • Repair sluice gates at 16t" & 42^d St. stations • Repair wet well entry at 16th St. station • Clean main trunk line from Rudee Inlet to 16t^ St. • Inspect submerged oceanfront outfalls by divers required byACOE agreement • Utilize existing annual services contract 53 • Repair seawall capjoints ;~~ s CIP 7-411 Qceanfront Storm Water . . ~' `: Facility Sustainment (funding} Program Baseline Fee Increase Baseline. Year Lever.. plus increase FY12 0.2 ¢ / $177,000 $177,000 FY13 $177,000 FY14 $177,000 FY15 $177,000 FY16 $177,000 FY 17 $177, 000 54 February 14, 2012 -29- CITYMANAGER'S BRIEFING STORM WATER WORKPLAN ITEM#61601(Corctinued) The funding has been spread among six (6) activities. ;~ ~ -` CIP 7-411 Oceanfront Storm Water p``="'' Facility Sustainment (work plan} ®®~i ®~® Outfall Inspecfiona (3 yr - $185,000 $15,000 $80,000 $90000 cycle) .. Seawall Cap Repairs $335,000 $55,000 $30,000 $55,000 $90,000 $30,000 $75,000 Pipe Cleaning 8 Inspection $250,000 $35,000 $3s aoa.. $55,000 $es,ooo $eo,ooo Pump Station Maintenance $80,000 $30,000 $25 000 $35,000 Stair Repairs $132,000 $22000 $22.000 $22,000 ,.$22000 .$22,000 $22;000 Pump Overhaul (3 year cycle) $oo,ooa $20,000 $20,000 $20,000 Total $1,082,000 $177,000 $177,000 $177,000 ..5177,000 $177000 $177,000' 55 The fee increase also allowed the City to create a new CIP- Storm Water Pump Station Modification program which allows us to move from reactive maintenance to a planed, sustainable approach. 9f CLP 7-412 Storm Water Pump Station j"°" Modifications (scope} Scope: Rehabilitation and major maintenance modifications to the City's storm water pump stations. 10 Year Rehabilitation • Condition Assessments s - -. -. • Structural Inspection V ; , r* m~" • Recommendations ~:~ • Repairs "' ~ I • Major Rehabilitation - ~ - .,,.__; m-+ "' - ~.~. ~- 1... _ . ~ t a: Execution Plan: - _ y:~-, • Utilize existing annual services contract - " • Current rehabilitation needs: ': •Ventilation systems f. ;,u • Hatch 8 access ways 1~__.».. •Pump maintenance •Check valve maintenance 8 replacements 56 February 14, 2012 -30- CITYMANAGER'S BRIEFING STORM WATER WORKPLAN ITEM#61601(Co~ztinued) <~ .} ' CIP 7-412 Storm Water Pump Station -~ Modifications {funding) Program Baseline Fee Increase Baseline plus Year Level increase FY12 0.3 ¢ / $265,500 $265,500 FY13 0.2 ¢ / $177,000 $442,500 FY14 $442,500 FY15 $442,500 FY16 $442,500 FY17 $442,500 57 The below slide provides the breakdown of the Work Plan. ~,~~~~~ CIP 7-412 Storm Water Pump Station y~ =~~"~ Modifications {work plan) tort' Condi4on Aasessm~rt '8'ioe ooo ' Etos.ooo. ~ Story PS Rehabilitation Ezoo,ooo E3o,oo0 E75,ooo E95,oo0 in Park PS Ph1 Rehabrlltation EZao.ooo 825.000 850,000 Et35,oo0, in Park PS Ph2 Rehabilitation E25o,o0o Ezz,soo Eas,ooo E75,ooo Es7 soo Landing PS Rehabilitatiod Sz4o,oo0. Ettz.5oo 8tzzs0o mview PS Rehabilitation $150,000 Eso,ooo E7o,oo0 Street PS Rehabilitation ~5•~ ESS.ooo Street PS Rehabilitation Etso,ooo 852,500 E57soo h St PS Rehabilitatlon.. SBS.ooo Ses,ooo JA Control System Integration E7eo ooo E3o ooo Etso,oo0 Stso,ooo 8150,000 St so,ooo Etso,ooo pMaintenence 8220,000 E50,000 895.000 875,000 ~l 52,478,000 8285,500 8442,500 8442,500 8442,500 8442,500 8442,500 58 February 14, 2012 -31- CITYMANAGER'S BRIEFING STORM WATER WORKPLAN ITEM#61601 (Continued) ~ '. Storm Water. 4perafiions and Maintenance- Summary • Execution Plan For Our Aging Storm Water Infrastructure - Addresses City ownership responsibilities - Focuses initiatives on citizen expectations - Proactivelyengages backlog of cave in failures through rehabilitation - Establishes a viable BMP Lake Management program - Addresses major rehabilitation requirement for storm water pump stations. - VPDES requirements for MS4 maintenance and;operation, Brings a programmatic, long term and sustainable approach to aging storm water infrastructure asset management 59 ., ~ }~..,.ti:. °ti~~,.~: Council Discussion =,f e t.+ M. u~~ff+-,x '~} ~ ~ ~ i.t~y ~ ~ .r ~ "~ ~ ' -a+- ~ ~~`r.~„ ~ ~~.w _ 7 _ x,40{b`~~i ~~ ` ~1}~;1C ` . . . . t~ The Mayor thanked the entire team that has worked on these projects. February 14, 2012 -32- CITYMANAGER'S BRIEFING CHESAPEAKE BAY TMDL 2:56 P.M. ITEM #61602 Mcryor William D. Sessoms, Jr., called to order the CITY MANAGER'S BRIEFINGS, re CHESAPEAKE BAY TMDL. n~ TMDL Update Briefing to City Council 02/14/2012 City Manager, James Spore introduced Dave Hansen, Deputy City Manager. {f ~ ~ Background •Section 303d of the Clean WaterAct requires the state to identify all water "bodies" that do not meet their designated use due to pollutants -Swimmable Fishable •The state then studies these Water Bodies and develops a Pollution Diet or TMDL, that is the Total Maximum Daily Load the water body can accept of the pollutant and still meet it's designated use. 2 February 14, 2012 -33- CITYMANAGER'S BRIEFING CHESAPEAKE BAY TMDL ITEM #61602 (Continued) Mr. Hansen advised that currently Virginia Beach has fifty four (54) impaired waters with one hundred fifty two (152) impairments. ~~ ~ ~ ~~~~ Impaired ~~ Waters in Virginia Beach: ~,~_ 54 Impaired Waters with - ~..~ ~_ f 152 ;~-~ Impairments -r=, _,__ . -~ _.~, ~.. 3 The below slide provides the typical impairments: ~~ ~:~.°'~. ,. ~ Typical impairments are for: •bacteria, •sediment, •nitrogen, •phosphorus, slack of aquatic vegetation, slow dissolved oxygen, •pH, •chlorides •PCB's or mercury in fish tissues 4 February 14, 2012 -34- CITYMANAGER'S BRIEFING CHESAPEAKE BAY TMDL ITEM #61602 (Continued) •State designates impaired waters and develops an impaired waters list (TMDL) •State meets with local stakeholders •TMDL is established •Watershed improvement plans (WIP's) are developed with locality and stakeholders and sent to EPA for Approval •but ... if you don't comply the EPA/DEQ will assume control .:, •Lynnhaven River and ell it's tributaries •Southern Rivers •Nanny Creek •West Neck Creek •Milldam Creek •Elizabeth River •Lower sections of the North Landing River •Sites on Back Bay 6 February 14, 2012 -35- CITYMANAGER'S BRIEFING CHESAPEAKE BAY TMDL ITEM #61602 (Conti~zued) i`~ Chesapeake gay TMDL Since 2000 there was insufficient progress by States in Bay Water Quality. EPA was sued by CBF and Other Environmental Organizations. In suit settlement EPA agreed to take Lead in developing the Chesapeake Bay TMDL Virginia, Maryland, New Jersey, Delaware, Pennsylvania, New York and West Virginia are all a part of the Chesapeake Bay TMDL A Watershed Implementation Plan was developed and the States have to meet it or the performance of the plan ' f ;~~ `~ Chesapeake gay TMDL The Chesapeake Bay is being implemented in 3 Phases. Phase I is a coarse designation of pollutant loadings to the major tributaries to the Bay -The James River York River Susquehanna River ... etc. VB has raised objection to Lynnhaven in James Virginia WIP I November 9, 2010 Phase I I is the delegation of the loads to the states and localities. Virginia WIP II December 15, 2011 Phase III will be in 2017 after EPA has been able to assess the effectiveness of Phase II (Report Card on Progress) February 14, 2012 -36- CITYMANAGER'S BRIEFING CHESAPEAKE BAY TMDL ITEM #61602 (Continued) ~'r ~ ~ Virginia Beach Studies (2) ~~ 1. Done to support the Phase WIP II Strategies 2. Kimley-Horn and Associates, Inc 10/19/2011 - to establish our land cover uses 3. URS Corporation 12/2011 to establish our required Pollutant Removal: • Nitrogen -126,280 pounds/year • Phosphorus - 2,217 pounds/year • Sediment - 5,243,121 pounds/year s ~° ~ `~~ ~ Land Use By_Watersheds .~ .w z~~ _ _ . _ _ ffi Rightof Way zao oo - . ^ Water _ ~ VACANT ____. GOV ,woo." u, ~ I w• ^ PARK ~ ', AG `m ,oooo ~ ~ ^ IND ~ COM ~~/ ~ ^ MF ' w.oo .:. _~ SF ooo .__.._. ___.. Chesapeake Bay SouMern Ocean Wa,enhetl Wa,ershe0 Walerahetl ~0 February 14, 2012 -37- CITYMANAGER'S BRIEFING CHESAPEAKE BAY TMDL ITEM #61602 (Co~ztinued) 'v Draft strategies to HRPDC on Dec 28, 2011 y Joint staff meeting with CBF on Jan 27, 2012 ~' - Phase II WIP submitted to DCR on Feb1, 2012 y DCR review underway y 60% of water quality improvements must be complete by 2017 100% of water quality improvements and measures must be complete by 2025. ~~ ~~~ ~ ~~~~~ Submittals to DCR 1. Develop a current BMP inventory 2. Evaluate the land use i land cover information included in the model and provide more accurate land cover information you may have 3. Review the 2017 and 2025 BMP scenarios as identified in the Phase I WIP and develop preferred local BMP scenarios that provide a similar level of treatment 4. Develop strategies to implementthe preferred BMP scenarios 5. Identify any resource needs to implement the strategies and BMP scenarios iz February 14, 2012 -38- CITYMANAGER'S BRIEFING CHESAPEAKE BAY TMDL ITEM #61602 (Continued) The below slide identifies the City's Strategies: ~ :~; Virginia Beach Strategies _. 1. Implement Lynnhaven River Ecosystem Restoration Plan and Neighborhood SSD Dredging Program 2. Establish Oyster Reefs as BMP's 3. Retrofit Existing Lakes and Ponds 4. Expand Reforestation/Canopy Enhancement 5. Redevelopment in Strategic Growth Areas 6. Management of Urban Nutrients 7. Increase Street Sweeping 8. Increase Use of Green Technologies 13 9. Expand Sub-basin BMP Retrofits r, ~ ---......_ _ _ ____._.._.. _ __._..... m. __ 4.: J . w..f ____ Virginia .... jjjl Beach ~ I E Watersheds ~ i ' VB Resourcing Strategy ~ ~~ requires maintaining a balance r Water Quality. I Flood ConVOI' +- Operations and Sustainment VB Resourcing Strategy also requires maintaining balance within the watersheds ` I Chesapeake Bay p, Southern Waters(Sound) 14 r Ocean ___ February 14, 2012 -39- CITYMANAGER'S BRIEFING CHESAPEAKE BAY TMDL ITEM #61602 (Continued) :\ ~ ;', POPULATION 16 ~' ~ ' ` Ditches Ocean 3 16 February 14, 2012 -40- CITYMANAGER'S BRIEFING CHESAPEAKE BAY TMDL ITEM #61602 (Continued) '~ ` ~ , -~ Imperviousness By total Area Sound 30% Bay 66°/t, Ocean 4% - N4ML fmpers:ous ~urta<4 Aa_ag, Chesapeake Bay W=tershed 31,868'.°0 AJantic Watershed 1,85°.50 s°amer , Waterohedz 14,452.98 ,' t,' ~;~~--.- ` Weighted Resourcing Weighted impact on water quality - Population 38% - Ditches 19% - Imperviousness 43% 18 February 14, 2012 -41- CITYMANAGER'S BRIEFING CHESAPEAKE BAY TMDL ITEM #61602 (Continued) ~ ' TMDL Weighted Resourcing ~~~ Ocean °= Sound Bay is ~`~ Resourcing Strategies • Find a balance between: - Flood Control - Water Quality - Operations & Sustainment • Find a balance between watersheds • Develop Cost participation initiatives - Multi-agency - Public/private - NGO/City TF's 8~ Committees • Weigh regulatory enforcement against stormwater fee increases 20 February 14, 2012 -42- CITYMANAGER'S BRIEFING CHESAPEAKE BAY TMDL ITEM #61602 (Continued) ~.,,~;, Moving Forward - Continue with current Stormwater work plan - Await DCR review results and publishing of the Virginia Ches Bay TMDL WIP II - Develop TMDL resourcing strategy - Implement TMDL Strategies to meet established goals z, ~.` ,hrG... . CC)UNCIL DISCUSSION z2 The Mayor thanked Mr. Hansen and everyone working on this project. February 14, 2012 -43- CITYMANAGER'S BRIEFING SAND REPLENISHMENT 2:45 P.M. ITEM #61603 Mayor William D. Sessoms, Jr., called to order the CITY MANAGER'S BRIEFINGS, re SAND REPLENISHMENT ~~ ~~~, ~~m ~~~_ ~~ Sand Replenishment Update Resort Beach rSandbridge Beach ~.. ;~ .• „:a '. ,yl __~. _u. Inforo~nation Brief To City Council February 14, 2012 City Manager, James Spore introduced Dave Hansen, Deputy City Manager. Resort Beach y~ ~'B'G ,BEACH ~30~ Fee> ~ut Fungi •Received federal FY 11 Appropriation of $6.SM •Already had FY 09 and 10 Appropriations of $2.2M •Total federal funds of $9M •City cost share of $4.8M •Previously appropriated and available •Honors 65% federal - 35% City cost sharing formula •Total funds available $13.8M •Target contract was for 1.3 million cubic yards for Winter 2011/2012 .. 4 _ + ,rr..,r "~ .~ r y. e ~ ~ F!v v ~ :~ ' February 14, 2012 -44- CITYMANAGER'S BRIEFING SAND REPLENISHMENT ITEM #61603(Continued) The below slide provides the December 2011 Bid Results: ~, ~~ ~ ~4r ..~. December 2011 Bid Results • Industry working at full capacity with backlog • One bidder for contract, $lOM over budget - $13M Engineer's Estimate - $23M Bid • Industry capacity returns to normal in 2012 - Current contracts complete by June -Advertisements for next round not yet on street i t i I i I' Mr. Hansen suggests the items identified below to move this Plan forward: ,~, ~ Plan Forward • Beat the Street -Advertise first - June advertisement of revised contract • Award with delayed Notice to Proceed ~' -Make clear in advertisement that work will not ~ commence until December 2012 t E' -Allow contractor to'calendar' the work, best price • Avoid Tourism and Turtles -Execution of the project from December to April - Eliminates costly turtle avoidance measures (trawlers) ;~:~wa _ =t ' e February 14, 2012 -45- CITYMANAGER'S BRIEFING SAND REPLENISHMENT ITEM #61603(Continued) -~ Sandbridge Beach ti" -wr.,. ~~ I ~~~ i • ~~~ ~m ~ ~ • Last federal appropriation in FY 2009 • Ineligible for appropriations under current budget rules Mr. Hansen advised this project is back on board and thanked our local Senators and Representatives, as well as the Lobbying Group that all worked so hard on this project. - ~ Project Cost Sharing History • 1998 Initial replenishment- 100•~o City Funded I' I • 2003 Second cycle - 65% federal, 35% City • 2007 Third cycle -approximately 20% federal, 80% City February 14, 2012 -46- CITYMANAGER'S BRIEFING SAND REPLENISHMENT ITEM #61603(Continued) ~w. ~ a Opportunity Knocks`~~ ` " _ ~ - , • Project in need now • With the lack of available federal funds, enhancing our contribution is a natural consideration • Federal policy interpreted to prevent • With delegation support, and support from other communities in the same position, 33 U.S.C. 701h clarified policy in law and opened the door for considering "contributed funds" l ~o~.~.. - ~ ~ ~~~ _. , Contributed Funds t • SSD and TIF revenues have exceeded expectations • TIF returns an average of $9M per year to General Fund • Currently $36.5M available for replenishment 3 Recommend consideration of $18.5M in Contributed Funds - $16.SM for construction i' - Up to $2M for administration, inspection and contingencies F i ~' February 14, 2012 -47- CITYMANAGER'S BRIEFING SAND REPLENISHMENT ITEM #61603(Coutinued) Delivery Strategy RISKS •Combine with Resort Project New Authorization l- Approval Process • Maximize contract % Contracting Tmeline r Construction Window • Economies of scale ~ Bid Proposals • Advertise contract early • June 2012 •Award for delayed NTP • Dec 2012 •Industry currently backlogged „ ;e; ,~ ~ •Avoid turtle restrictions . , + ~ ~ ~ y~~`.~ ` '"'~~ •Minimize tourist season impacts ;, .w . ,, ~ ~ '. >`:. ;:~~:,,. y _`f,.. The below slide provides the process for the project: Process ~` ~CouncilAuthorization-Today's Resolution 'r Corps seeks relief to combine projects without formal agreement or funds in hand -brokering Council's authorization { r City executes agreement,federalyrocess for signature begins i ~` r Decision Date: June 15 l •:•ScenarioAlpha:Corpsgetsrelieftoinclude5andbridgewith Resort Contract •If agreement is signed, open bids and award •If agreement has yet to be signed, delay bid, separate contractsandproceedwithResort,start5andbridgealoneat earliest date •:•Scenario Bravo: Corps does not get relief to combine projects in advance •If agreement is signed, delay bid, add Sandbridge •If agreement is yet to be signed, proceed with Resort alone, start5andbridgealone at earliest date February 14, 2012 -48- CITYMANAGER'S BRIEFING SAND REPLENISHMENT ITEM #61603(Continued) The Mayor thanked Mr. Hansen. February 14, 2012 -49- CITY COUNCIL LIAISONREPORTS 4:20 P.M. ITEM #61604 There were no City Council Liaison Reports. February 14, 2012 -51- AGENDA REVIEW SESSION 3:22 P.M. ITEM #61607 BY CONSENSUS, the following shall compose the CONSENT AGENDA: K. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND ~2-451 of the City Code re Community Medical Advisory Commission 2. Ordinance to DECLARE 231 N. Oceana Boulevard as EXCESS and AUTHORIZE conveyance to William R. and Jill S. Gurley 3. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease of City- owned property with Ocean Water, LLC at 4th Street and Atlantic Avenue 4. Ordinance to AUTHORIZE a Memorandum of Agreement with the U.S. Department of the Army re Sandbridge beach replenishment 5. Ordinance to EXTEND the date for satisfying conditions re the Breathwaite Place closure of a portion of Newtown Road at Rock Creek Lane (DISTRICT 2 - KEMPSVILLE) 6. Resolution to AUTHORIZE the City Manager to EXECUTE documents on behalf of the City to petition the Commonwealth Transportation Board to TRANSFER property remaining from the completed VDOT construction of a portion Northampton Boulevard to the City 7. Resolution to REQUEST the Virginia Beach Development Authority (VBDA) terminate the existing PPEA process for development of a Headquarters Hotel 8. Resolution to give DIRECTION to the City Manager re FY2012-2013 Budget 9. Ordinance to ACCEPT and APPROPRIATE a 2007 Port Security Grant of $13,125 to the Police re terrorism deterrents 1 D. Ordinance to TRANSFER funds within the FY2011-12 School Operating Budget a. $2,108, 000 from Instruction to Technology b. $275, 000 from Administration, Attendance, and Health to Transportation c. $225, 000 from Operations and Maintenance to Transportation d. $38, 835 from Administration, Attendance, and Health to Transportation February 14, 2012 -52- AGENDA REVIEW SESSION ITEM #61608 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: L. PLANNING 1. Applications of YMCA OF SOUTH HAMPTON ROADS re a recreational facility to include an indoor/outdoor pool (approved May 27, 2008) at Princess Anne Road and Dam Neck Road: (DISTRICT 7 -PRINCESS ANNE) a. Modification of all Proffers of a Conditional Rezoning b. Modification of the Conditional Use Permit 2. Application of ASHVILLE PARK, LLC/ATC REALTY SIXTEEN, INC for Modification of Proffers Nos. 11, 18, 19 and 30 of a Conditional Rezoning (approved May 10, 2005) at Princess Anne Road, Village B, Ashville Park (DISTRICT 7 -PRINCESS ANNE) 3. Application of GREYHOUND LINES, INC. for a Conditional Use Permit re a passenger transportation terminal at 971 Virginia Beach Boulevard (DISTRICT 6 -BEACH) 4. Application of KEITH P. and CHERI N. CARL for a Variance to ~4.4(b) of the Subdivision Ordinance that all newly created lots meet the requirements of the City Zoning Ordinance (CZO) at 4824 Bradford Lane (DISTRICT 4 - BAYSIDE) S. Application of CITY OF VIRGINIA BEACH to AMEND the Comprehensive Plan to include the Interfacility Traffic Area and Vicinity as a Strategic Economic Growth Area February 14, 2012 -53- ITEM#61609 Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration of, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A) 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.• Bayside District Kempsville District Lynnhaven District Princess Anne District Upon motion by Councilman Dyer, seconded by Councilman Moss, City Council voted to proceed into CLOSED SESSION at 4: 01 P. M. February 14, 2012 -54- ITEM#61609 (Continued) Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood. Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph [Stepped OutJ (Closed Session: 4: DI P.M. - S: SS P.M.) February 14, 2012 -55- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL FEBRUARYI4, 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, February 14, 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. Council Members Absent: None INVOCATION: Reverend William Dyson Bishop, Retired 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 ident~ any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a `personal interest", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record. February 14, 2012 -56- Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Thi°ee (3) years ago, Fulton Financial Corporation ("Fulton Financial ") purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of 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 ha~zdles 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 knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson 's letter of January 27, 2004, is hereby made a part of the record. February 14, 2012 -57- Item -VI-E CERTIFICATION ITEM #61610 Upon motion by Councilman Moss, seconded by Councilman Diezel, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as .were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: 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 February 14, 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 #61609 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. -th Hodges Fraser, MMC City Clerk February 14, 2012 -58- Item -VI-F MINUTES ITEM #61611 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of January 24, 2012. 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 February 14, 2012 -59- Item -VI-H MAYOR'S PRESENTATION ITEM #61612 Mayor Sessoms introduced Floyd E. Waterfield, Jr., and presented him with a Resolution declaring February 14, 2012, FLOYD E. WATERFIELD, JR. DAY recognizing his long tenure of dedicated service to this community. Mr. Waterfield served on the Board of Zoning Appeals for more years than any City Council Appointee has ever served on their appointive agencies. Mr. Waterfield also served on the Virginia Beach City Council from September, 1970 -June, 1978. February 14, 2012 -60- Item -VI-LI PUBLIC HEARING ITEM #61613 Mayor Sessoms DECLARED A PUBLIC HEARING: EXCESS CITYPROPERTY- 231 N. Oceana Boulevard There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. February 14, 2012 -61- Item -VI-L2 PUBLIC HEARING ITEM #61614 Mayor Sessoms DECLARED A PUBLIC HEARING: LEASE OF CITYPROPERTY- 4`~` Street and Atlantic Avenue There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. February 14, 2012 -62- Item -VI-J ADOPTAGEND FOR FORMAL SESSION ITEM #6161 S BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION February 14, 2012 -63- Item -VI-K ORDINANCES/RESOLUTIONS ITEM #61616 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, Items 1, 2, 3, 4, S, 6, 7, 9, IOa/b/c/d of the CONSENT AGENDA.. 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 February 14, 2012 -64- Item -VI-K.1 ORDINANCES/RESOLUTIONS ITEM #61617 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AMEND ~2-451 of the City Code re Community Medical Advisory Commission 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 February 14, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO AMEND SECTION 2-451 OF THE CITY CODE TO REMOVE THE COMMUNITY MEDICAL ADVISORY COMMISSION FROM THE LIST OF CURRENT CITY COMMISSIONS SECTION AMENDED: § 2-451 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 2-451 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: 14 Sec. 2-451. -Definition of boards, commissions and committees. 15 16 Boards shall be defined as those advisory council-appointive agencies which are 17 prescribed by the Virginia State Code as "boards," as well as locally established bodies, 18 the duty of which pertains to or is governed by federal and state codes or local 19 ordinances. Terms shall be specified and limited in accordance with the applicable 20 federal or state codes or local ordinances or resolutions. Those currently established 21 are as follows: 22 23 Board of building code appeals 24 Board of zoning appeals 25 Chesapeake Bay Preservation Area Board 26 Community services board 27 Community policy and management team-CSA at-risk youth and families 28 Development authority 29 Director of the office of volunteer resources 30 Eastern Virginia Medical School 31 Hampton Roads Economic Development Alliance 32 Health services advisory board 33 Historical review board 34 Minority business council 35 North Landing Scenic River Advisory Board 36 Pendleton Project Management Board 37 Personnel board 38 The planning council 39 Public library board 40 Senior Services of Southeastern Virginia 41 Social services board 42 Southeastern Public Service Authority (SPSA) 43 Southeastern Tidewater Opportunity Project, Inc. (STOP) 44 Tidewater Community College Board 45 Towing advisory board 46 Virginia Beach Community Development Corporation 47 Wetlands board 48 Workforce housing advisory board 49 50 Commissions shall be defined as those advisory council-appointive agencies which 51 are prescribed by the Virginia State Code as commissions, plus those locally 52 established for a specific purpose with budgetary responsibility and a structured 53 organization with an annual report to city council. Terms shall be specified and limited in 54 accordance with applicable state statutes or city ordinances or resolutions. Those 55 currently established are as follows: 56 57 Agricultural advisory commission 58 Arts and humanities commission 59 Beaches and waterways commission 60 61 Hampton Roads Planning District Commission - HRPDC 62 Historic preservation commission 63 Human rights commission 64 Parks and recreation commission 65 Planning commission 66 Resort advisory commission 67 Southeastern Virginia Planning District Commission 68 Tidewater Transportation District Commission 69 Tidewater Youth Services Commission 70 71 Committees shall be defined as those short-term advisory agencies appointed by 72 city council for specific studies with regular reporting periods to the governing body and 73 which shall be automatically abolished when their mission is accomplished and the final 74 report filed with the city clerk for distribution to city council. Those currently established 75 are as follows: 76 77 Advertising advisory selection committee 78 Audit committee 79 Bayfront Advisory Committee 80 Bikeways and trails advisory committee 81 Employee benefits review task force 82 Military economic development advisory committee 83 Oceana Land Use Conformity Committee 84 Open space advisory committee 85 Review and allocation committee Ad~~pted by the City Council of the City of Virginia Beach, Virginia, on this 14th day of February , 2012. APPROVED AS TO LEGAL SUFFICIENCY: ~.~ . City Attorney's Offi CA12119 R-1 January 26, 2012 -65- Item -VI-K.2 ORDINANCES/RESOLUTIONS ITEM #61618 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to DECLARE 231 North Oceana Boulevard as EXCESS and AUTHORIZE conveyance to William R. and Jill S. Gurley 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 February 14, 2012 1 AN ORDINANCE DECLARING THE 2 PROPERTY LOCATED AT 231 N. OCEANA 3 BOULEVARD (GPIN 2417-05-4492) TO BE IN 4 EXCESS OF THE CITY'S NEEDS AND 5 AUTHORIZING THE CITY MANAGER TO 5 SELL THE PROPERTY TO WILLIAM R. AND ~ JILL S. GURLEY 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain l0 9,002 sq. ft. parcel of land located at 231 N. Oceana Boulevard (GPIN 2417-05-4492) 11 (the "Property") more particularly described on Exhibit "A" attached hereto and made a 12 part hereof; 13 14 WHEREAS, the City acquired the Property pursuant to the APZ-1 15 Acquisition Program; 16 1~ WHEREAS, the City funded the acquisition of the Property through a 18 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 19 contributing fifty percent (50%) of the funds; 20 21 WHEREAS, the Property is in the midst of other residences and at the 22 time of acquisition was improved with afour-unit boarding house that has since been 23 demolished; 24 25 WHEREAS, William R. and Jill S. Gurley (the "Gurleys") own the adjacent 26 property, and they have requested to purchase the Property in order to utilize it in a 27 manner compatible with the APZ-1 Ordinance; 28 29 WHEREAS, the Gurleys desire to purchase the Property in accordance 3 o with the Summary of Terms attached hereto as Exhibit "B" and made a part hereof; 31 32 WHEREAS, the APZ-1 Disposition Committee has recommended that City 33 Council declare the Property to be in excess of the City's needs and sell the Property to 34 the Gurleys; 35 36 WHEREAS, the City Council is of the opinion that the property is in excess 37 of the needs of the City of Virginia Beach. 38 39 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 4o OF VIRGINIA BEACH, VIRGINIA: 41 42 That the Property located at 231 N. Oceana Boulevard (GPIN 2417-05- 43 4492) is hereby declared to be in excess of the needs of the City of Virginia Beach 44 and that the City Manager is hereby authorized to execute any documents necessary 45 to convey the Property to William R. and Jill S. Gurley in conformity with the Summary 46 of Terms attached hereto as Exhibit B and such other terms, conditions or 47 modifications as are deemed necessary and sufficient by the City Manager and in a 4 8 form deemed satisfactory by the City Attorney. 49 5 o Further, that revenue from the sale of the Property in the amount of 51 $9,002 shall be received and appropriated to CIP #9-060, Oceana and Interfacility 52 Traffic Area Conformity and Acquisition, of which fifty (50) percent shall be reserved for 53 the City Manager refunding the Commonwealth's portion in accordance with the grant 54 agreement. A manual encumbrance will be established to ensure that the $4,501 55 retained by the City will be available for BRAC program acquisitions in future years per 56 the agreement with the Commonwealth. 57 5s This ordinance shall be effective from the date of its adoption. 59 6o Adopted by the Council of the City of Virginia Beach, Virginia, on the 61 14th day of February , 2012. CA11946 R-1 1 /24/12 \\vbgov.com\dfs1 \applications\citylawprod\cycom32\wpdocs\d013\p014\00001939.doc APPROVED AS TO CONTENT Public Works ~-3~- i~ APPROVED AS TO CONTENT ~'1 Management Services APPROVED AS TO LEGAL SUFFICIENCY c~ '~ C y A ney s Office EHIBIT "A" GPIN: 2417-OS-4492 (231 N. Oceana Boulevard All those certain lots, pieces or parcels of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and designated and described as Lot Fifty (50) and the Northern one-half (1/2) of Lot Fifty-One (51) as shown on that certain plat entitled: "Plat of Hillcrest", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 13, at page 8. LESS AND EXCEPT so much thereof for street widening to Commonwealth of Virginia bearing date of March 27, 1925, and duly recorded in the aforesaid Clerk's Office in Deed Book 306 at Page 225. LESS AND EXCEPT all right, title and interest of the Grantor in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to appurtenant to or in any way benefiting the above-described property. IT BEING the same property conveyed to the City of Virginia Beach by Deed from Georgia H. Jones and David M. Jones, Trustees under a revocable trust established as the Georgia H. Jones Revocable Trust, dated October 5, 2010 and recorded in the aforesaid Clerk's Office as Instrument Number 20101012001068310. EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY LOCATED AT 231 N. OCEANA BOULEVARD Seller: City of Virginia Beach Buyers: William R. and Jill S. Gurley, husband and wife Property: 9,002 square feet of property generally known as 231 N. Oceana Boulevard (GPIN: 2417-OS-4492) Legal Description: See Exhibit "A" to Ordinance Sale Price: $9,002 CONDITIONS OF SALE: • Property is purchased "As is, Where is." • Buyers have been advised of APZ-1 restrictions for use. • Buyers may use the Property for accessory structures, or Buyers may otherwise utilize the property for construction in conjunction with their adjacent property upon resubdivision to remove interior lot lines; however, Buyers may not add any new dwelling units. • Buyers shall resubdivide the Property at their expense to vacate interior lot lines. • Seller will record deed restrictions permanently preventing new dwelling units prior to or simultaneous with conveyance. ~ ~ z F d ~ • ~ ~~ N 3 ld M012~`d8 ~ m W ~ a~ ~ $ n d a~zW`V J ~ } N o -00~ ~F Z ~ ~ m a 4 a o Wa 0 ~ a vaaw`V w J ? ~ ~}ova ~ 4 MM~ V a m ~ ~ -~F-QOO O Z u7 u (.. W a ~ _ ~ C) H ~ v t~pN v° = v~ O M ~ N O ~ O x Z ~ H = ~ Z ,~ us = V W x c N~ N Q N 18 `dNd300 d 3 O Nl NNJll3S02i a~ ~ a n ~m d ~ ~v : ~q BIRDNEq(RD S m Q ~ H AI . wig I m ~~~e`v° ! --- ~ a O '~ a ~ p c. N 1 ~ ~ l 1 a` O a ~ p y a'o W ~ C V U Q ~~ N -- , , Z .~ -66- Item -VI-K.3 ORDINANCES/RESOLUTIONS ITEM #61619 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT.• Ordinance to AUTHORIZE the City Manager to EXECUTE a lease of City-owned property with Ocean Water, LLC at 4th Street and Atlantic Avenue 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 February 14, 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 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE FOR ONE (1) YEAR, WITH FOUR (4) ONE-YEAR RENEWAL OPTIONS, WITH OCEAN WATER LLC, FOR CITY- OWNED PROPERTY LOCATED AT 4T" STREET AND ATLANTIC AVENUE WHEREAS, the City of Virginia Beach (the "City") is the owner of two parcels of land consisting of approximately 17,863 sq. ft. (0.41 acre), located at the intersection of 4th Street and Atlantic Avenue (GPIN 2427-55-9617 and 2427- 22-8656) (collectively, the "Property"); WHEREAS, Ocean Water LLC, a Virginia limited liability company, ("Ocean Water") desires to lease the Property from the City for a term of one (1) year, with four (4) one-year renewal options; WHEREAS, the Property would be utilized as overflow parking for patrons, guests and employees of Waterman's Restaurant and Ocean Key Resort and for no other purpose; WHEREAS, Ocean Water has agreed to pay the City $1,500 per month ($18,000 annually) for the use of the Property for the initial term, with a three percent (3°/0) escalation each year thereafter; and WHEREAS, Ocean Water has also agreed to make certain improvements to the Property, as specified in the Summary of Terms attached hereto as Exhibit A. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute a lease for the term of one (1) year, with four (4) one-year renewal options, between Ocean Water and the City for the Property in accordance with the Summary of Terms attached hereto as Exhibit A, and made a part hereof, and such other terms and conditions deemed necessary and sufficient by the City Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day of February , 2012 APPROVED AS TO CONTENT: /C~' Public Wor s / Facilities Management CA12136 \\vbgov.com\DFS1 Wpplications\CityLawProd\cycom32\W pdocs\D019\P011 \00002553.DOC R-1 January 27, 2012 APPROVED AS TO LEGAL SUFFICIENCY AND FORM: _ ,. City Attorney EXHIBIT A SUMMARY OF TERMS LEASE OF CITY-OWNED PROPERTY LOCATED AT 4T" STREET AND ATLANTIC AVENUE LESSOR: City of Virginia Beach (the "City"). LESSEE: Ocean Water LLC. PREMISES: Approximately 17,863 sq. ft. (0.41 acre) of City-owned property located at the intersection of 4t" Street and Atlantic Avenue. TERM: February 1, 2012 through January 31, 2013, with four (4) one-year renewal options (the "Term"). RENT: $1,500.00 per month ($18,000.00 annually) for the first year and escalated by three percent (3%) each year thereafter. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use the Premises solely for customer overflow parking for guests, customers and employees of Waterman's Restaurant and Ocean Key Resort, and no other purposes. • Keep, repair, and maintain the Premises, at its sole expense, in a safe, clean and orderly condition. • Make certain improvements including paving, updating landscaping and maintenance of the Premises, at a cost not to exceed $75,000 (the "Improvements"). • Maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia, and name the City as additional insured. Lessee shall provide a certificate evidencing the existence of such insurance. Assume full responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. Comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. RIGHTS AND RESPONSIBILITIES OF LESSOR: • Access to the Premises at any time, without prior notice, in the event of an emergency. • The right to require Lessee to surrender possession and control of the Premises to the City upon forty-eight (48) hours' written notice. TERMINATION: • The City may terminate the Lease any time prior to January 31, 2017 upon ninety (90) days' written notice. If City terminates the Lease (except in the case of a breach by the Lessee), or does not consent to a one-year renewal prior to expiration of the Term, the City shall reimburse the Lessee for the costs of the Improvements, prorated for the amount of time remaining in the Term. The City's obligation shall be subject to appropriation by Council. If the Lessee does not consent to a renewal during the Term, or at the conclusion of the Term, the Improvements shall be owned by the City, at no cost to the City. \\vbgov.com\DFS 1 W pplications\CityLawProd\cycom32\W pdocs\D019\P011 \00002555.DOC r ~ ~ ~ ~ rv ,~ a 5Q O Q V O J r ~, j ti ~, '~ +. , f ___~ ti ! ~ t ,_... Yti 7 1J'~~ 1 l1i r•V ~ Q~ ---'.._.'-- -- ~ ~ "S'ty, I '~ iy .` ~ •. . _ --- __- ~ ~ T_ _ _ _ ®_ ti ~ L -- --- _ ~ --_ y r _.bt;~i._.~ _ ~. `ti ' p '' r ~ t 4 • ~ 1 f 7 + ~~,~"~ ~'~ ~ 1 ~ ~ N ~ ~ ~ v } i ''~ '`.. " H ~ ~. ~ "'a .. , ~ ~ " ~O V .l l r ' , N ~ N a ^ , f 111 `n N es -- F-- F - ---~~ O ~ ~ S O ~ O 11.1 u O ~ ~ oD ' ~ ~ ~ tv~Z ~ ^ , ._. F- ~,,~ ~ ~ ~ _ , N ~ ~ ~ ) ~ ~ ~ ^ ~ ~ ~ ^ ~ ~ N ~ ' 0 ~ .. O 'y M C N ~~ ti a ~ ~~ ~ J '' N ~ ti ~ ~ 4 ~.~----,-"""' ~-~--~ y . ~ FACIA 11 4' Sri ~ ~~ 4 ~, . „_ +J ~, -67- Item -VI-K.4 ORDINANCES/RESOLUTIONS ITEM #61620 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE a Memorandum ofAgreement with the U.S. Army Corps of Engineers re Sandbridge beach replenishment 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 February 14, 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 AN ORDINANCE AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT FOR THE CONTRIBUTION OF FUNDS TO THE DEPARTMENT OF THE ARMY FOR SANDBRIDGE BEACH NOURISHMENT WHEREAS, by adoption of the Sandbridge Beach Restoration project in its FY 95-96 Capital Improvement Program, and each year subsequent, the City Council has endorsed the concept of long-term planning for beach nourishment at Sandbridge Beach (the "Project"); and WHEREAS, City funds for construction of the Project are to be derived from the Sandbridge Special Service District and the Sandbridge Tax Increment Financing District established in FY 94-95 and FY 98-99, respectively; and WHEREAS, the United States Congress amended the U.S. Code to allow a political subdivision to contribute all of the funds to the Department of the Army for a project such as the Project; and WHEREAS, the current estimated City contribution for the Project is $18,500,000 ($16,500,000 for construction and $2,000,000 for expenses incurred by the Army); and WHEREAS, the periodic replenishment of Sandbridge Beach serves many public interests including the protection of property, the enhancement of the City's natural resources, and the encouragement of commerce and tourism. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: The City Manager is hereby authorized and directed to execute a Memorandum of Agreement for the Contribution of Funds in the amount of $18,500,000 with the Department of the Army for the construction of beach nourishment at Sandbridge Beach, a copy of the material terms of this agreement is attached hereto and incorporated. Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day Of February , 2012. APPROVED AS TO CONTENT j Publi `Wo ks APPROVED AS TO LEGAL SUFFICIENCY: Cit CA12125 R-1 February 1, 2012 Summary of Material Terms Memorandum of Agreement for the Contribution of Funds Parties: Department of the Army City of Virginia Beach Purpose: Contribution of Funds for the Construction of Sandbridge Beach Re- Nourishment to provide erosion control and hurricane protection (the "Project") City's Obligation: To provide $16,500,000 for the costs of construction and $2,000,000 for Army Corps of Engineers expenses including surveys, administration, and inspections related to the Project. Army's Obligation: To provide leadership, obtain permitting, and procure contractors for the Project. Project Coordination: Representatives of the Department of the Army and the City will coordinate to oversee the Project. Indemnification: As required in previous coordination agreements for beach nourishment, the City will agree to hold the Federal Government harmless from all damages arising from the Project except for damages due to the fault or negligence of the Federal Government or its contractors. -68- Item -VI-K. S ORDINANCES/RESOL UTIONS ITEM #61621 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to EXTEND the date for satisfying conditions re the Breathwaite Place closure of a portion of Newtown Road at Rock Creek Lane (DISTRICT 2 - KEMPSVILLE) 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 February 14, 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 AN ORDINANCE EXTENDING THE DATE FOR SATISFYING CONDITIONS IN THE MATTER OF THE APPLICATION OF BREATHWAITE PLACE, L.L.C., FOR THE CLOSURE OF A PORTION OF NEWTOWN ROAD ADJACENT TO 732-746 NEWTOWN ROAD AND 5573 ROCK CREEK LANE WHEREAS, on May 25, 2010, the Council of the City of Virginia Beach acted upon the application of Breathwaite Place, L.L.C. (the "Applicant"), for the closure of a portion of Newtown Road adjacent to 732-746 Newtown Road and Rock Creek Lane, as shown on Exhibit "A"; and WHEREAS, on May 25, 2010, the Council adopted an Ordinance to close the aforesaid road, subject to certain conditions being met on or before May 24, 2011; and WHEREAS, on April 29, 2011, the Applicant requested an extension of time to satisfy the conditions attached to the aforesaid street closure. WHEREAS, on January 18, 2012, the Applicant requested a second extension of time to satisfy the conditions attached to the aforesaid street closure. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia: That the date for meeting conditions of closure as stated in the Ordinance adopted on May 25, 2010, upon application of Breathwaite Place, L.L.C., is extended to February 13, 2013. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of February , 2012. GPIN'S: 1468-42-4560-0000, 1468-42-4432-0000, 1468-42-4315-0000, 1468-42-3287- 0000 and 1468-42-4132-0000 CA12137 R-1 January 26, 2012 APPROVED AS TO CONTENT ,~ ~~~~ ~ - P annit~ epart ent APPROVED AS TO LEGAL SUFFICIENCY: ,~{r' J Lucia G. Whitlow, Associate City Attorney -69- Rein -VI-K.6 ORDINANCES/RESOLUTIONS ITEM #61622 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution to AUTHORIZE the City Manager to EXECUTE documents on behalf of the City to petition the Commonwealth Transportation Board to TRANSFER property remaining from the completed VDOT construction of a portion Northampton Boulevard to the City 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 February 14, 2012 1 RESOLUTION PETITIONING THE COMMONWEALTH 2 OF VIRGINIA TRANSPORTATION BOARD TO 3 TRANSFER CERTAIN REAL PROPERTY TO THE CITY 4 OF VIRGINIA BEACH 5 6 WHEREAS, the Commonwealth of Virginia (the "Commonwealth") acquired 7 parcels of real estate for the Northampton Boulevard Project, also known as VDOT 8 Project Number 0166-075-101, C501 RNV - 201, for the construction of Northampton 9 Boulevard from the intersection of Route 13 (near Diamond Springs) to 0.300 mile north 10 of intersection of Route 60 (the "Project") in the City of Virginia Beach (the "City"); 11 12 WHEREAS, all aspects of the construction of the Project are complete and title to 13 the real property encompassed by the Project remains vested in the Commonwealth 14 (the "Property"); and 15 16 WHEREAS, the City maintains the Property and believes it would be in the City's 17 best interest for title to the Property within the said Project to be transferred to the City. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 1. That the City of Virginia Beach hereby petitions the Commonwealth of 23 Virginia, Transportation Board, pursuant to §33.1-149 of the Code of Virginia, as 24 amended, to transfer real estate acquired incidental to the construction, reconstruction, 25 alteration, maintenance, or repair of the Project, as shown on Exhibit A, attached hereto 26 and made a part hereof, which constitutes a section of public road, to the City of Virginia 27 Beach, and to take such other action as necessary to complete the conveyance of title 28 to the City of Virginia Beach, and upon transfer, such section of road shall cease being 29 apart of the State Highway System. 30 31 2. That the City Manager, or his authorized designee, is hereby authorized to 32 execute any and all documents on behalf of the City to complete the conveyance of title 33 to the Property, containing such terms and conditions deemed necessary and sufficient 34 by the City Manager and in a form deemed satisfactory by the City Attorney. 35 36 Adopted by the City Council of the City of Virginia Beach, Virginia, this 14th 37 day of February , 2012. APP OVED AS TO CONTENT: APPROVED AS~~EGAL SUFFICIEN ~" ~~, ~. Dept. o Pu lic Works /Real Estate City Attorney CA10773 \\vbgov.com\DFS1 Wpplications\CityLawProd\cycom321Wpdocs\D028\P011\00017093.DOC R-1 February 3, 2012 ~~~~'`i =r~- L LL C~ C i~+ V J r N L ~ r ~ ~ ~ V m t" _ ~ ~ ~ Q. ~ O ~ ~ s C° ~ O O ~ Z •, v ~O L a 0 0 0 M o 0 "z ~_ m z ~; :~ . -70- Item -VI-K.7 ORDINANCES/RESOLUTIONS ITEM #6l 623 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution to REQUEST the Virginia Beach Development Authority (VBDA) terminate the existing PPEA process for development of a Headquarters Hotel Voting: 11-0 (By Consent) Cauncil 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 Cauncil Members Voting Nay: None Cauncil Members Absent: None February 14, 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 A RESOLUTION REQUESTING THAT THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY TERMINATE THE EXISTING PROCESS UNDER THE PPEA FOR DEVELOPMENT OF A HEADQUARTERS HOTEL WHEREAS, to promote the economic vitality of the City of Virginia Beach (the "City"), City Council identified the need fora headquarters hotel adjacent to the existing Virginia Beach Convention Center (the "Hotel"); WHEREAS, by Resolution 03261 adopted by City Council on July 17, 2007, City Council requested that the City of Virginia Beach Development Authority (the "Authority") explore potential development of the Hotel; WHEREAS, pursuant to City Council's request, the Authority solicited proposals under the Virginia Public-Private Education Facilities and Infrastructure Act of 2002 (the "PPEA")for proposals for a development of the Hotel; and WHEREAS, it remains the sense of City Council that the development of a headquarters hotel, upon terms acceptable to the City, would benefit the City by increasing tourism and tourism related revenues; however, to date no acceptable agreement for development has been brought forward; and WHEREAS, termination of the existing PPEA process would permit the consideration of future opportunities for development of the Hotel if and when such opportunities are presented. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, 1. The Authority is hereby requested to terminate the process it is currently conducting under the PPEA for the development of a headquarters hotel adjacent to the Virginia Beach Convention Center. 2. The Authority is hereby commended for its extensive efforts in examining and evaluating the proposals received, for its efforts towards developing an acceptable transaction, and for promoting the goals of the City of Virginia Beach. 3. City Council also expresses its gratitude to the private parties who participated in this process and who worked diligently to bring a headquarters hotel to the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of February , 2012. APPROVED AS TO CONTENT: I~ ~ ~ ity anager CA12141 R-1 \\vbgov.com\DFS1 Wpplications\CityLawProd\cycom32\Wpdocs\D009\P012\00033027. DOC 2/6/2012 APPROVED AS TO L SUFFICIENCY: City Attorney -71- Item -VI-K.8 ORDINANCES/RESOLUTIONS ITEM #61624 Resolution to give DIRECTION to the City Manager re FY2012-2013 Budget The following individuals registered to speak: Reid Greenmun, 2405 Cl~Cutter Drive, spoke in SUPPORT stating Mr. Spore has done a good job at putting out the Five Year Forecast Plans and the City is now on a path of unsustainably given the economy situation. It is important to come up with a budget that does not include growth but maintains reducing the debt that has been accumulated and bring government more in line with its revenues. A Budget is a list of priorities on how to spend the money you have; a Spending Plan is where you endlessly go out and buy all of these things and then borrow the money. Please come up with a budget that considers the revenues you have and prioritizes the spending appropriately. Karen Mallard, 1748 Capstone Court, Phone: 430-8605, spoke in OPPOSITION stating she is a resident of Virginia Beach and a Reading Specialist at Three Oaks Elementary. She asked the City to not support the Resolution offered by Councilmen Moss and DeSteph. It is City Council 's job to make decisions about funding for the City. It is the City Manager's job to give guidance. Ms. Mallard requests that funding be increased to the Schools. Every child deserves an opportunity to succeed. Dominic Melito, 4410 Segoria Court, Phone: 729-5672, spoke in OPPOSITION. He is the President of the VBEA and has resided in Virginia Beach for 22 years. The reason Virginia Beach is such a nice place to live is that it is a well managed, citizen friendly city with great schools and for this reason he asked no support for the Resolution. Council Members can change any part of the Budget recommendations. Schools cannot continue to lose millions of dollars a year and be expected to offer the same level of service. The State is failing to fund the schools and the VBEA is doing everything they can to address this travesty. Virginia Beach has survived because of the support of the City Council Members. William Bailey, 644 Edwin Drive, Phone: 288-5761, spoke in OPPOSITION. He is the President of the Virginia Beach Professional Firefighters. Basically this Resolution ties the hands of the City Manager. The City Manager is the highest paid employee you have so let him do his job. Take his recommendation and then you make it your own. John Spencer, 1140 Cypress Point Way, Phone: 617-6006, spoke in SUPPORT and lives at Cypress Point in Bayside District. City Council is aware of the aging population, unemployment over 7% and underemployed workers. Such an economic environment demands reducing city services to essential services. Under construction in his neighborhood is a $30-Million Recreation Center that is not essential. The light rail project and the headquarters hotel project should be permanently cancelled. February 14, 2012 -72- Item -VI-K.8 ORDINANCES/RESOLUTIONS ITEM #61624(Contin ued) Kaitlin Jensen, 520 Woodshire Way, Phone: 646-5277, spoke in OPPOSITION stating she is a Computer Resource Specialist at Pembroke Meadows Elementary. She does not necessarily want to pay more fees but it is not smart to tie the hands of the City Manager. You may not like his advice but he needs to give you the Budget he recommends. This Resolution will be deadly for the Schools, so please vote no on this Resolution James Gillies, 932 Salisbury Green, Phone: 635-7181, spoke in OPPOSITION stating he is representing the Booster organization for Ocean Lakes High School Math and Science Academy. Both of his sons are students at this Academy and have been challenged more than imaginable. He supports full funding to theSschools. February 14, 2012 -73- Item -VI-K.8 ORDINANCES/RESOLUTIONS ITEM #61624(Contin ued) Councilman DeSteph MOVED the ADOPTION of the Revised Resolution to give DIRECTION to the City Manager re FY2012-2013 Budget. Motion was seconded by Councilman Moss The Revised Resolution to give DIRECTION to the City Manager re FY2012-2013 BUDGET. Voting: S-6 (DENIED/LOST TO NEGATIVE VOTE) Council Members Voting Aye: Glenn R. Davis, William R. "Bill "DeSteph, Robert M. Dyer, John D. Moss and Rosemary Wilson Council Members Voting Nay: Harry E. Diezel, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: None February 14, 2012 -74- Item -VI-K.9 ORDINANCES/RESOLUTIONS ITEM #61625 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT.• Ordinance to ACCEPT and APPROPRIATE a 2007 Port Security Grant of $13,125 to the Police re terrorism deterrents 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 February 14, 2012 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS TO PURCHASE EQUIPMENT TO PREVENT, 3 DETECT, AND RESPOND TO POTENTIAL ACTS OF 4 TERRORISM AND TO TRANSFER FUNDS FOR THE 5 REQUIRED LOCAL MATCH 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 1. $13,125 is hereby accepted from the Department of Homeland Security through the 9 Virginia Department of Emergency Management and appropriated, with estimated 10 federal revenues increased accordingly, to the FY 2011-12 Operating Budget of the 11 Police Department to purchase equipment that will enhance the response 12 capabilities of the Marine Unit; 13 14 2. $4,375 is hereby transferred within the FY 2011-12 Operating Budget of the Police 15 Department to provide the local grant match; and 16 17 3. The equipment purchased with these grant funds is not guaranteed to be replaced 18 by the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia on the ~ 4th day Of February 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+t ey' Office CA12126 R-1 February 3, 2012 -75- Item - VI-KIO ORDINANCES/RESOL IITIONS ITEM #61626 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to TRANSFER funds within the FY2011-12 School Operating Budget a. $2,108, 000 from Instruction to Technology b. $275, 000 from Administration, Attendance, and Health to Transportation c. $225, 000 from Operations and Maintenance to Transportation d. $38,835 from Administration, Attendance, and Health to Transportation 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 February 14, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 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. $2,108,000 from the Instruction Classification of the Operating Fund to the Technology Fund; 2. $275,000 from the Administration, Attendance, and Health Classification of the Operating Fund to the Transportation Classification of the Operating Fund; 3. $225,000 from the Operations and Maintenance Classification of the Operating Fund to the Transportation Classification of the Operating Fund; and 4. $38,835 from the Administration, Attendance, and Health Classification of the Operating Fund to the Instruction Classification of the Operating Fund. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day Of FPhriiar~ , 2012. APPROVED AS TO CONTENT Management Services APPROVED AS TO LEGAL SUFFICIENCY: '' ,, it o ice CA12117 R-1 January 20, 2012 VIRGINIA BEACH CITY PUBLIC 5CHOOL5 A H E A D O F T H E c u e v E Daniel D. Edwards, Chairman District 1 -Centerville Brent N. Mckenzie, District 3 -Rose Hall School Board of the City of Virginia Beach Ashley K. McLeod, At-Large 2512 George Mason Drive William J. "Bill" Brunke, IV, Vice-Chairman P.O. Box 6038 District 7 -Princess Anne Samuel G. "Sam" Reid, District 6 -Beach Virginia Beach, VA 23456-0038 Todd C. Davidson, At-Large Patrick S. Salyer, District 2 - Kempsville (757) 236-1016 At-Lar e www.vbschools.com/schoolboard Emma L. "Em" Davis, District 5 - Lynnhaven D. Scott Seery, g James G. Merrill, Ed.D., Superintendent Dorothy M. "Dottie" Holtz, At-Large Carolyn D. Weems, District 4 - Bayside RESOLUTION REGARDING FY 2011-12 BUDGET AND REQUEST FOR CATEGORICAL/FUND TRANSFERS WHEREAS, the City of Virginia Beach, Virginia's adopted Budget Ordinance for the current fiscal yea appropriated funds to the School Board of the City of Virginia Beach, Virginia by major Category; and WHEREAS, the Code of Virginia §22.1-115, as amended, requires that technology-related expenditures be ma in a separate Fund or Category; and WHEREAS, the School Administration has determined that a number of schools/departments have technology- related and operating-related spending needs that require categorical/fund transfers to enable purchases such as Read 180 Program, computers, printers, laptops, Spitz Starball Projection System for Planetarium, and repair anc maintenance supplies as well as for school bus replacements, special ed. buses and school activity buses; and WHEREAS, the following budget transfers are recommended by the School Administration: • Total of $2,108,000 from Operating Fund 115 -Instruction to Technology Fund 106 • Total of $275,000 from Operating Fund 115 -Administration to Operating Fund 115 -Transportation • Total of $225,000 from Operating Fund 115 -Operations and Maintenance to Operating Fund 115 Transportation • Total of $38,835 from Operating Fund 115 _ Administration to Operating Fund 115 -Instruction; and WHEREAS, these transfers are also necessary to appropriately expense and account for these expenditures; and WHEREAS, transfers between categories/funds must be approved by the City Council prior to expenditure of such funds by the School Board. NOW, THEREFORE, BE IT RESOLVED: That the School Board approves and affirms the above listed recommended uses of these funds; and FURTHER RESOLVED: That the School Board requests that the City Council approve the budget categorical/funds transfers shown above; and be it FINALLY RESOLVED: That the a copy of this Resolution be spread across the official minutes of this Schoo Board, and the Clerk of the School Board is directed to deliver a copy of this Resolution to the Mayor, each member of the City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 17th day of January, 2012 ~~'~ ~~ .~ SEAL Daniel D. Edwards, Ch irman ATTEST: Dianne P. Alexander, Clerk of the School Board -76- Item -VI-L PLANNING 1. YMCA OF SO UTH HAMPTON ROADS ITEM #61627 MODIFICATION OF PROFFERS MODIFICATION OF CONDITIONAL USE PERMIT (Approved May 27, 2008) 2. ASHVILLE PARK, LLC/ATC REALTY SIXTEEN, INC. 3. GREYHOUND LINES, INC. 4. KEITH P. and CHERI N. CARL MODIFICATION OF PROFFERS (Approved May 10, 2005) CONDITIONAL USE PERMIT VARIANCE S. Ordinance upon application of CITY OF VIRGINL4 BEACH to AMEND the Comprehensive Plan to include the Interfacility Traffic Area and Vicinity as a Strategic Economic Growth Area February 14, 2012 -77- Item -Vl-l.l, 3, 4 and S PLANNING ITEM #61628 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, BYCONSENT, Item I, 3, 4(DEFERRED INDEFINATELY) and S of the PLANNING BY CONSENT AGENDA Council Member Moss shall vote a VERBAL NAY on Item #S: Ordinance to Amend the Comprehensive Plan re Strategic Economic Growth Area 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 February 14, 2012 -78- Item -VI-L.l PLANNING ITEM #61629 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, applications of YMCA OF SOUTH HAMPTON ROADS re a recreational facility to include an indoor/outdoor pool (approved May 27, 2008) at Princess Anne Road and Dam Neck Road: (DISTRICT 7 -PRINCESS ANNE) a. Modification of all Proffers of a Conditional Rezoning b. Modification of the Conditional Use Permit BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of YMCA OF SOUTH HAMPTON ROADS re a recreational facility to include an indoor/outdoor pool (approved May 27, 2008) at Princess Anne Road and Dam Neck Road: (GPINS1484792434; 1484792884) DISTRICT 7 -PRINCESS ANNE The following conditions shall be required: a. Modification of all Pro, f ers of a Conditional Rezoning An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court b. Modification of the Conditional Use Permit, subject to: The overall architectural, site and landscape design of the property shall be subject to the Design Guidelines for Princess Anne Commons ("Guidelines') which are on file with the Planning Department. The Guidelines shall act as development criteria for this site. Architectural, Site and Landscape Plans for each component of the development shall be submitted to the Director of Planning or his designee to insure consistency of the design with the Guidelines. 2. The developer shall work with the staff to incorporate elements of LEER certification into the building design where feasible. 3. No outdoor storage shall be allowed. 4. Mechanical equipment located adjacent to any structure on the site shall be screened with an appropriate structure, fence and/or landscaping. Any mechanical equipment, located on the top of any structures on the property, shall be enclosed on four sides with appropriately sized parapet walls to screen the equipment. S. All exterior trash dumpster areas shall be screened utilizing materials such as brick, pre- cast block or other materials compatible with the building materials utilized on the primary structures on the site. February 14, 2012 -79- Item -VI-L.1 PLANNING ITEM #61629(Continued) 6. All outdoor lighting shall be shielded to direct light and glare onto the premises. A Lighting or Photometric Diagram Plan shall be submitted with any submitted Site Plan for review by City staff. The Lighting Plan shall include the height of poles located in the parking lots along with the location of all pole-mounted and building-mounted lighting fixtures. The Plan shall also list type, wattage and fixture-type. Lighting shall be uniform throughout the parking area and shall minimize reflection or glare toward properties and streets outside the site. 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 February 14, 2012 -80- Item -VI-L.2 PLANNING ITEM #61630 ASHVILLE PARK, LLC/ATCREALTYSIXTEEN, INC. Attorney Edward Bourdon, Phone: 499-8971, represented the applicant. He advised that Wells Fargo has found a development group to bring Ashville Park back to life but it is likely to be 10-1 S more years before all homes are built. His client is requesting to modify three (3) conditions: remove age restriction; reduce minimum square footage for two story homes in Village B by three hundred (300) feet; and replace the "Active Adult Center" in Village B with a "green: area. His clients are not seeking to change any aspect of the design, add more homes, change lot size or change park design. In fact, his clients will be adding a small amount of open space. The following individuals registered to speak.• Carl Fisher, 1432 Sandbridge Road, Phone: 426-7446, spoke in OPPOSITION stating he is a neighbor to Ashville Park. He was appointed by the City to help develop the transition zone. The Committee consisted of residents, developers, concerned citizens and two City Council Members as Liaisons. Key recommendations of this Committee were future development should require rural development, open space and public gathering spaces, one home per development acre. Ashville Park is 452 acres with 499 units. Al Kohnle, 1905 Benecia Drive, Phone: 746-5928, spoke in OPPOSITION and is a resident of Ashville Park. Mr. Kohnle bought his property based on the lack of home density. He is concerned about the increase in traffic and the burden it will place on the City for road construction. Karen Kwasny, 2089 Kittridge Drive, Phone: 689-2052, spoke in OPPOSITION and is a resident of Ashville Park. Ms. Kwasny believes in integrity and the importance of passing it on. Lifting the age restriction simply is a quick fix since the Developer refuses to work with the community. February 14, 2012 -81- Item -VI-L.2 PLANNING ITEM #61630(Continued) Council Lady Henley MOVED, seconded by Councilman Uhrin to DENY the Application of ASHVILLE PARK, LLC/ATC REALTY SIXTEEN, INC for Modification of Proffers Nos. 11, 18, 19 and 30 of a Conditional Rezoning (approved May 10, 2005) at Princess Anne Road, Village B, Ashville Park (DISTRICT 7 -PRINCESS ANNE) Voting: 2-8 (DENIED/LOST TO NEGATIVE VOTE) Council Members Voting Aye: Barbara M. Henley and John E. Uhrin, Council Members Voting Nay: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, John D. Moss, Rosemary Wilson anti James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. February 14, 2012 -82- Item -VI-L.2 PLANNING ITEM #61630(Continued) Upon motion by Councilman Davis, seconded by Councilman DeSteph, City Council MODIFIED the application of ASHVILLE PARK, LLC/ATC REALTY SIXTEEN, INC for Modification of Proffers Nos. 11, 18, 19 and 30 of a Conditional Rezoning (approved May 10, 2005) at Princess Anne Road, Village B, Ashville Park (DISTRICT 7 -PRINCESS ANNE) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance of ASHVILLE PARK, LLC/ATC REALTY SIXTEEN, INC for Modification of Proffers Nos. 11, 18, 19 and 30 of a Conditional Rezoning (approved May 10, 2005) at Princess Anne Road, Village B, Ashville Park (GPIN 2413165292) DISTRICT 7 -PRINCESS ANNE An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court Voting: 8-2 Council Members Voting Aye: Glenn R. Davis, William R. "Bill "DeSteph, Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, John D. Moss, Rosemary Wilson and James L. Wood Council Members Voting Nay: Barbara M. Henley and John E. Uhrin Council Members Absent: Mayor William D. Sessoms, Jr. February 14, 2012 -83- Item -VI-L.3 PLANNING ITEM #61631 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, application of GREYHOUND LINES, INC. for a Conditional Use Permit re a passenger transportation terminal at 971 Virginia Beach Boulevard (DISTRICT 6 -BEACH) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of GREYHOUND LINES, INC. for a Conditional Use Permit re a passenger transportation terminal at 971 Virginia Beach Boulevard (GPIN2417659737) DISTRICT 6 -BEACH The following conditions shall be required: Administrative review shall be conducted once a year (from the date of City Council approval) by the Zoning Administrator for compliance with the conditions of the Use Permit. 2. The existing restrooms shall be brought into compliance with the current Uniform Statewide Building Code and Americans with Disabilities Act for commercial uses within three (3) months of City Council approval. 3. The non-conforming free-standing sign shall be modified to conform to the current requirements of the City Zoning Ordinance or shall be removed and may be replaced with a conforming sign within three (3) months of City Council approval. 4. The only signs allowed on the site shall be those permitted in the City Zoning Ordinance, Article 9 Section 905 (b). There shall be no signage in or on the doors and windows of the building that exceeds 10% of the total area, (doors and windows). There shall be no signs, pennants, banners and/or flag-type signs attached to any poles and/or displayed on the site. This shall be accomplished within one (1) week of City Council approval. 5. Awaiting area with seating for the motor coach users shall be designated inside the convenience store within one week of City Council approval. 6. The existing security cameras shall be adjusted and operated to view the front yard areas of the site (yard area adjacent to both Virginia Beach Boulevard and Seabridge Road) within one week of City Council approval. The applicant/owner shall provide a Photometric Plan for review and approval by the Department of Planning or appropriate City Staff within three (3) months of City Council approval. All lighting on the site will be consistent with the standards published by the Illumination Engineering Society of North America. The spot lights located along the front of the building shall be adjusted, if used, so as not to shine directly on the adjacent rights-of--ways. Lighting shall be directed/deflected down at the ground and not out horizontally or up in the air. February 14, 2012 -84- Item - VI-L.3 PLANNING ITEM#61631 (Continued) 8. The operation of the terminal shall be limited to the schedule provided by the applicant.• Three times daily - 6: 35 AM- 6:45 AM, 12: 20 PM-12: 30 PM, and 7:20 PM- 7: 30 PM 9. All loading and off loading of passengers shall take place on site, in the area on the eastern side of the site, between the storm water management facility and Virginia Beach Boulevard. 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 February 14, 2012 -85- Item -VI-L.4 PLANNING ITEM #61632 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY, BY CONSENT, application of KEITH P. and CHERI N. CARL for a Variance to ~'4.4(b) of the Subdivision Ordinance that all newly created lots meet the requirements of the City Zoning Ordinance (CZO) at 4824 Bradford Lane (DISTRICT 4 - BAYSIDE) 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 February 14, 2012 -86- Item -VI-L.S PLANNING ITEM #61633 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED BY CONSENT, application of CITY OF VIRGINIA BEACH to AMEND the Comprehensive Plan to include the Interfacility Traffic Area and Vicinity as a Strategic Economic Growth Area. Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: None February 14, 2012 1 AN ORDINANCE TO AMEND THE COMPREHENSIVE 2 PLAN AND REVISE THE POLICY .DOCUMENT TO 3 INCLUDE THE INTERFACILITY TRAFFIC AREA AND 4 VICINITY AS A SPECIAL ECONOMIC GROWTH AREA 5 6 WHEREAS, the public necessity, convenience, general welfare and good zoning 7 practice so require; 8 9 WHEREAS, the Interfacility Traffic Area and Vicinity Master Plan was adopted by 10 City Council as an amendment to the Comprehensive Plan in January 2011; and 11 12 WHEREAS, the City Council recognizes that the areas encompassed by the 13 Interfacility Traffic Area and Vicinity Master Plan have land development constraints and 14 economic opportunities associated with the area's location within a military aircraft 15 overfly zone, which constraints and opportunities are best addressed by designating the 16 area as a Special Economic Growth Area. 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 That the Comprehensive Plan of the City of Virginia Beach be, and hereby is, 22 amended and reordained by: 23 24 1. The creation of Special Economic Growth Area 4 (SEGA 4)-Princess Anne 25 encompassing the entirety of the Interfacility Traffic Area and Vicinity. 26 27 2. The revision of the Policy Document, pertaining to the Interfacility Traffic 28 Area and Vicinity, as shown on the attached document entitled "Comprehensive Plan 29 Policy Document Revisions Chapter 3: Suburban Area and Chapter 4: The Princess 30 Anne Commons and Transition Area Establishing "Special Economic Growth Area 4 31 (SEGA 4)-Princess Anne, January 2012." Such document has been exhibited to the 32 City Council and is on file in the Department of Planning. 33 34 COMMENT 35 36 The ordinance amends the Comprehensive Plan by the adoption of the Interfacility Traffic 37 Area and Vicinity Master Plan as the Special Economic Growth Area 4 (SEGA 4)-Princess Anne. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia, on this 14th 40 day of F h „a ~ , 2012. APP VE AS O CONTENT: AP(P'RI OVED AS TO LE SUFFICIENCY: lJ~ PI i epartmen City Attorney's Office CA12104 R-2 January 3, 2012 -87- Item -VI-M APPOINTMENTS ITEM #61634 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BOARD OF B UILDING CODE APPEALS COMMUNITY SER VICES BOARD HEALTH SERVICES ADVISORY BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PARKS and RECREATION COMMISSION PERSONNEL BOARD PLANNING COMMISSION SOCIAL SERVICES BOARD February 14, 2012 -88- Item -VI-M ADJOURNMENT ITEM #61634 Vice Mayor Louis R. Jones DECLARED the City Council Meeting ADJOURNED at 7:34 P.M. Amanda Finley-Barnes, CMC Deputy City Clerk Louis R. Jones Vice Mayor R th Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor February 14, 2012 -89- PUBLIC DIALOGUE Vincenzo Duke, Grey Fox Lane, spoke re domestic violence laws. Mr. Duke suggests that anyone convicted of domestic violence should be required to participate in anger management classes and battery recover programs. Victims are often unsure of options and once the immediate threat is removed, victims should be informed of the resources available. Tracy Okray, 840 Crepe Myrtle Court, Phone: 513-7825, spoke to promote Backyard Chickens. No roosters, just chickens. This keeps household waste down, provides heart healthy eggs, encourages going "green" and lends sustainability. Adrian Hayes, 1117 Selwood Drive, Phone: 650-6265, is a Teacher at Kempsville Middle School and part of four (4) children. Ms. Hayes has been watching the school funding issue and is upset over comments that the schools are overfunded. She invites each of the Members of City Council to visit the "overfunded" Schools to see the overfunded students sitting on the floor of overcrowded classrooms. Anyone that uses the word "overfunded" when describing the Schools insults the students and teachers. Some decisions are tough, but this one is not. We are VBCPS and we are not going away. Lukas Pictrcar, 2104 Tarrington Court, Phone: 729-5833, is a student at First Colonial Legal Studies Academy. The Academy program has helped him so much and advocates what he feels is important. If the transportation to Academies is cut, he will not be able to attend. The Schools have taken many steps forward and should not begin taking steps backwards. Mr. Pictrcar has faith in the Superintendent. Reed Howard, 4344 Country Club Circle, Phone: 464-1116, is a student at Princess Anne High School and Vice-Chairman of City Wide SCA. Mr. Howard has worked on Councilman DeSteph's campaign as well as the Mayor's Youth Leader's In Action, under Mayor Sessoms. This is an economically challenging time and many heart breaking decisions have to be made. Many students will not be able to attend should transportation be cut to Academies. Olivia Stephens, 977 Little Neck Road, Phone: 284-5935, is a Sophomore at First Colonial Legal Studies Academy. Ms. Stephens did not come to advocate the Academies, but the entire School system. If property tax increases are needed to save the students, then consider this option. The City's property taxes are comparability low to other cities this size. If sacrifices are to be made, it should not be taken from the students. Harrison Martingayle, 211 615` Street, Phone: 491-6308 is a student at Plaza Middle School. Junior- Varsity and Middle School sports are important. Cutting these gives free time to teenagers. 757 is a hot recruiting area for sports and we need to fix the budget issue. Doria Martingayle, 211 61" Street, Phone: 491-6308, is a student at Plaza Middle School. If transportation is cut to Schools it will create a hardship for families. Also, cutting Middle School and Junior- Varsity sports is a bad idea. Sports encourage the athletes to keep their grades up. Ms. Martingayle is a member of the debate, track and wrestling teams. February 14, 2012 -90- Kevin Martingayle, 211 61" Street, Phone: 491-6308. Mr. Martingayle advised that every time he hears a politician running for election he always hear how they are in favor of education. Anyone thinking the Schools are overfunded is not paying attention. The wrestling team for Plaza Middle School has one (1) paid coach and 3 volunteers. Mr. Martingayle encourages the promises made be kept. Federal and State funding has been cut, and unfortunately, does not look like that is going to change. The City has to keep moving forward with our education system. Shannon Kane, is a freshman at Princess Anne High School, IB Program. Many students are concerned about their ability to continue to attend this program. Many students will have to drop out of the program if transportation is cut. This program is challenging and is the foundation for her education, pathway to college and work ethic. Essentially, she is being robbed of a lifelong love of learning. Many college scouts come to Virginia Beach to recruit for college and to eliminate the sports only hurts the students. Please think about how many lives will be negatively affected should these cuts be made. Andrew Vakos, 177 Pinewood Road, Phone: 428-8786is a student at Ocean Lakes Math and Science Academy. Because of the lack of funding, Schools have been forced to make numerous and drastic cuts to effect all students. The School Board proposes to initiate a 4x4 schedule for all high schools which will be a negative effect. Students will lose time to comprehend material in abstract classes. Strong school systems are a huge attraction to economic development. Please fully fund the Schools. Yoon Do, 2104 Kanturk Court, Phone: 676-4949 is PTA President at ODC. ODC is a full-time gifted Magnet School and is in danger of losing the transportation. Hundreds of families are concerned because they are not sure where their children will be attending school next year. ODC is a very diverse group, students from all d~erent backgrounds attend ODC. Please fund the Schools and put our children first. The Public Dialogue re Non Agenda Items concluded at 8:13 P.M. February 14, 2012 -86- Item -VI-M ADJOURNMENT ITEM #61634 Vice Mayor Louis R. Jones DECLARED the City Council Meeting ADJOURNED at 7:34 P.M. i an aFinley-Barnes, CMC Deputy City Clerk ~-l~ ~'G'~li~-..f R Hodges Fraser, C City Clerk City of Virginia Beach Virginia ~. Louis R. Jones Vice Mayor William D. Sessoms, Jr. Mayor February 14, 2012