JUNE 26, 2012 MINUTESCITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR W/LLIAM D. SESSOMS, JR., At-Lnrge
VICE MAYOR I.OU/S R. JONES, Bnvside - Dish-ict 4
GLENN R. DA VlS, Rose Ha[! - Distric! 3
W/LLIAMR. De.STEPH, At-Lnrge
HARRY E. D!E'I.EL, Kenzpsville - District 2
ROBERT M. DYER, Centervi!le - Dish-ict 1
BARBARA M. HENLEY, Princess Aime - Dish-ict 7
JOHN D. MOSS, At-Lnrge
JOHN E. (7HRIN, Beach - Dish-ict 6
ROSEMARY WILSON, At-Lnrge
JAMES L. WOOD, Lviznhavett -District S
CITY COUNCIL APPOiNTEES
CITY MANAGER - JAMES K. SPORE
CITYATTORNF;Y-MARKD. STlLES
CITYASSESSOR - JERALD D. BANAGAN
CITYAUD/TOR - LYNDON S. REMIAS
C/TY CLERK - RUTH HODGES FRASER, MMC
CITY COUNCIL AGENDA
26 JUNE 2012
L CITY MANAGER'S BRIEFINGS -Conference Room-
A. DEVELOPMENT AUTHORITY Recommendations for Use of
ECONOMIC DEVELOPMENT SUPPLEMENTAL FUNDING
Warren Harris, Director - Economic Development
B. SPOT BLIGHT - CENTERVILLE and KEMPSVILLE DISTRICTS
Andrew Friedman, Director - Housing and Neighborhood Preservation
C. INTERIM FINANCIAL STATEMENT
Patricia Phillips, Director - Finance
II. CITY COUNCIL COMMENTS
III. CITY COUNCIL AGENDA REVIEW
IV. INFORMAL SESSION -Conference Room-
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
CITYHALL BUILDIN(
1401 COURTHOUSE DR16,
VIRGINIA BEACH, VIRGlNIA 23456-800
PHONE:(757) 385-4.30
FAX (757) 385-566
E-MAIL: Ctycncl(j?a,vbAov.coi
4:00 PM
5:30 PM
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION - City Council Chamber - 6:00 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. INVOCATION: Reverend Rob Cosmas
Pastor
St. Michaels Lutheran Church
C. PLEDGE OF ALLEGIANCE
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. 1NFORMAL and FORMAL SESSIONS
G. MAYOR'S PRESENTATIONS
1. GENERAL ASSEMBLY RESOLUTIONS
a. Resolution Commending NAS Oceana
Senator Jeff McWaters
b. Resolution in Memoriam to Honorable Glenn McClanan
Delegate Sal Iaquinto
2. RESOLUTION HONORING Peter K. Mueller
Executive Vice President, Stihl Incorporated
H. FORMAL SESSION AGENDA
1. CONSENT AGENDA
1. PUBLIC HEARINGS
1. LEASE OF CITY-OWNED PROPERTY
200 North Oceana Boulevard
2. INSTALLMENT PURCHASE AGREEMENT (ARP)
3484 Charity Neck and 3489 Muddy Creek Roads
June 12, 2012 11
PUBLIC COMMENT
OCEANFRONT RESORT DISTRICT FORM-BASED CODE
K. ORDINANCES/RESOLUTIONS
Ordinances to AMEND the City Code:
a. Section 16-41 re removal, storage and sale of certain unattended vehicles
b. Section 5-524 re dangerous dog registration procedures
APPROPRIATE $1,470 to the Police Department from Dangerous Dog
Registration Fees in accordance with Virginia Code Section 3.2-6540(L), As
Amended
d. ADD Section 27-8 re territorial limits of the City's law enforcement
jurisdiction
e. REPEAL Sections 38-2 and 38-2.1 of the City Code re fees for concealed
weapon permits
2. Ordinances to AUTHORIZE:
a. Acquisition of Agricultural Land Preservation (ARP) Easements in the amount of
$1,107,904 to Grandy Winston Henley and Henley Farm, L.P. at 3484 Charity
Neck and 3489 Muddy Creek Roads
b. The City Manager to EXECUTE a lease with Vetshouse, Incorporated at 200
North Oceana Boulevard
c. The City Manager to EXECUTE a Police Mutual Aid Agreement with the
Cities of Chesapeake, Franklin, Hampton, Newport News, Norfolk, Poquoson,
Portsmouth, Suffolk, Virginia Beach, Williamsburg and the Counties of James
City, Accomack, Gloucester, Isle of Wight, Northampton, York and the Towns of
Smithfield and Windsor
d. Reimbursement of employee's legal fees and expenses incurred in the
successful defense of a charge arising from the discharge of official duties
e. Acquisition of 104 North Witchduck Road for Witchduck Road Phase II and
other municipal purposes
3. Ordinance APPOINTING Viewers to serve one-year terms to view streets or alleys
proposed to be closed
4
5
6
Ordinance to GRANT Emergency Medical Services (EMS) permits to operate in the
City of Virginia Beach:
a. Eagle Medical Transports
b. Eastern Shore Ambulance Service
c. American Lifeline Medical Transport
d. Lifeline Ambulance Service
e. Mid-Atlantic Regional Ambulance
f. Children's Hospital of the King's Daughters
g. Special Event Providers of Emergency Medicine
h. Nightingale Regional Air Ambulance
i. Stone Ambulance Service
j. LifeEvac Virginialair Methods
k. Medical Transport
Ordinance to CONTINUE funding for the Master Deputy Program and Sheriff s Career
Development Program
Ordinances re the compensation and VRS adjustments of the City Manager, City
Attorney, City Clerk, City Real Estate Assessor and City Auditor
7. Resolution to RE-ADOPT Design-Build And Construction Management procedures
to reflect actions of the 2011 General Assembly and the revised Department of General
Services (DGS)
8. Ordinances to ACCEPT, APPROPRIATE and TRANSFER:
a. Funds from the Fifth Annual Virginia Beach Business Appreciation Charity
Golf Classic and Networking Reception and AUTHORIZE donations to
MAS, Inc., The Global Studies and World Languages Academy at Tallwood High
School and Friends of the Virginia Beach Library
b. APPROPRIATE State revenues, TRANSFER funds and AUTHORIZE Deputy
Sheriff positions in the Sheriff s FY 2012-13 Operating Budget
c. TRANSFER funds within the FY2012-13 Economic Development Operating
Budget and AUTHORIZE additional full-time positions
L. PLANNING
1. Application of FRED NEELEY for a Conditional Use Permit (residential kennel) at
2732 Alameda Drive.
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION
APPROVAL
2. Application of BASILEIA EMPOWERING MINISTRIES/GREGORY MEYERS
far a Conditional Use Permit re child care at 1547 Amberley Forest Drive
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION
APPROVAL
Application of MADELINE F. BAILEY TRUST for a Conditional Use Permit re an
automotive repair garage, transmission shop and existing automotive repair at 176-
180 Mac Street
DISTRICT 4 - BAYSIDE
RECOMMENDATION
APPROVAL
4. Application of STIHL, INCORPORATED for a Conditional Use Permit to install a
wind energy system at 536 Viking Drive
DISTRICT 6 - BEACH
RECOMMENDATION
APPROVAL
Application of JAMES KENNEDY VI/DAVID D. KENNEDY for a Conditional Use
Permit re a home occupation - sale of firearms, gunsmithing, assembly, accurizing,
parts and service at 3505 Byrne Brae Drive
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION APPROVAL
6. Application of REAL INVESTMENT ASSOCIATES, INC./WILLIAM HENRY
SAWYER for a Change of Zoning District Classification from AG-1 and AG-2
Agricultural to Conditional R-10 Residential re developing a single-family residential
development at 2283 Princess Anne Road
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION
APPROVAL
7. Application of the CITY OF VIRGINIA BEACH for a Change of Zoning District
Classification from R-7.5 Residential and H-1 Hotel to P-1 Preservation to construct a
two-story facility with improvements to parking, circulation, stormwater and site
amenities at Bow Creek Recreation Center, 3427 Club House Road
DISTRICT 3 - ROSE HALL
RECOMMENDATION APPROVAL
M. APPOINTMENTS
ARTS and HUMANITIES COMMISSION
BEACHES and WATERWAYS COMMISSION
BIKEWAYS and TRAILS ADVISORY COMMITTEE
BOARD OF BUILDING CODE APPEALS
COMMUNITY SERVICES BOARD
HUMAN RIGHTS COMMISSION
PARKS and RECREATION COMMISSION
TOWING ADVISORY BOARD
THE SOUTHEASTERN TIDEWATER OPPORTUNITY PROJECT, INC. (STOP)
TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS (HRT)
N. UNFINISHED BUSINESS
O. NEW BUSINESS
P. ADJOURNMENT
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
CITY COUNCIL RETREAT
Friday, August 3, 2012
Economic Development Conference Room
CITY COUNCIL WORKSHOP
AUGUST 7, 2012
CANCELLED
City Council invites ALL citizens to participate in your
NEIGHBORHOOD NATIONAL NIGHT OUT
2012 CITYHOLIDAYS
Wednesday, July 4
Monday, September 3
Monday, November 12
Thursday, November 22
Friday, November 23
Monday, December 24
Tuesday, December 25
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve (half-day)
Christmas Day
Agenda 06/26/2012 gw
-1-
VIRGINIA BEACH CITY COLINCIL
Virginia Beach, Virginia
June 26, 2012
Mayor William D. Sessoms, Jr. called to order the CITY MANAGER'S BRIEFING re
DEVELOPMENT AUTHORITY Recommendations for Use of ECONOMIC DEVELOPEMNT
SUPPLEMENTAL FUNDING, in the City Council Conference Room, Tuesday, June 26, 2012, at 4:00
P.M.
Council Members Present:
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.•
Glenn R. Davis (Attending event on behalf of City of Virginia Beach)
June 26, 2012
-2-
CITY MANA GER'S BRIEFING
DEVELOPMENT AUTHORITY Recommendationsfor Use of
ECONOMIC DEVELOPMENT SUPPLEMENTAL FUNDING
4:00 P.M.
ITEM #61963
Mayor Sessoms introduced and welcomed Warren Harris, Director - Economic Development. Mr.
Harris stated during the Budget process, Economic Development submitted over $800, 000 in unfunded
programs. City Council directed Mr. Harris to prioritize the unfunded programs with the assistance of
the Virginia Beach Development Authority (VBDA) and the City Council Liaisons to the VBDA. City
Council approved $250, 000 for the unfunded programs; however, appropriations would depend on the
DevelopmentAuthoriry's prioriry recommendations and City Council's acceptance.
:
Background
Economic Development provided information on the unfunded
items during the budget hearing process.
? Unfunded items totaled $808,822.
? City Council directed staff to prioritize the list with the assistance
of the VBDA and City Council liaisons to the VBDA.
* During the reconciliation process, City Council approved an
additional $250,000 in funding for Economic Development.
* The VBDA approved the prioritized unfunded items list at their
May 15, 2012 meeting. The VBDA also agreed to fund the
"Economic Gardening" unfunded item in the amount of $45,000
for one year.
-3-
CITY MANA GER'S BRIEFING
DEVELOPMENT A UTHORITY Recommendations for Use of
ECONOMIC DEVELOPMENT SUPPLEMENTAL FUNDING
ITEM #61963(Continued)
The VBDA approved the prioritized unfunded programs at theiY May 15, 2012, meeting which are
described in detail in the slide below.
VBDA Budget Prioritization
? Intematioml DevelopmentOffice ($87.929)- tts responsibilities indude reprezenting the Ciry through
marketing and pu6lic relations services to promote and identify companies, zpecifically IT and high
pertormance manufac[uring interested in growing operstions in the US. The offce would help identify new
target markets in Europe, organize marketing and tade missions ro Europe, maintain close connec[ions
with the headquarters of ezisting European companies opeating in Virginia Beach. This office most likely
will be in Stuttgart, Germany.
- BusineszDevelopmen[Representativell ($92,198) - This new FTE position supports the management and
oversight of the APZ-1 program and will now be able to assume other 6usiness development
responsibilities [o enhance the economic develo0ment progam. The gant funded position will he filled withjuniorlevel business developmen[ representative.
= BusinessDevelopmen[Specialis[/BUSinessDevelopmentReprcsmGtivel($69,873)-Thisposi[ionwauld
pravide the necessary research and marketing support for the City's business attraction and retention
ptOgrams.
? EconomicGardening ($45,000) -T1ie HamFton Hoads Parfiership has enga(,+e[i th? Matienal ienter fur
ccoriomic Gard?ning, hosted bV 1fie Ei{,Nard Loive Faunda:ion, to effer sp?cializ-d servi<es to eztaLii>lied;
, gti-growth potentiai compan-ies. ihe [conomle Gardenine Progiam helps :.ompanies
. cond stage hi
idrntify new rnarkets, research industry Aevelopment anA maximize their use ot mcial medla and
geegraphlwl resear<h using a team of businoss analysts whose ter,hni<a3 a,sistance is Pree m mmoanies
fhat qual{py. The cozt of these szrvices Is $4,SOU per coenpany anti we wouiel target t?n Uirga 6?ach
c mpanies for th-se mrntes [his coming year.
June 26, 2012
-4-
CITY MANA GER'S BRIEFING
DEVELOPMENTAUTHORITYRecommendationsfor Use of
ECONOMIC DEVELOPMENT SIIPPLEMENTAL FUNDING
ITEM #61963(Continued)
Mr. Harris stated the slide below represents the unfunded programs presented to, City Council during the
Budget process.
° -• Attachment l '
EconomicDe'v?lopmentUnfundedltems- -
•Ih ati-lDeveloPmentOffice($100,OWOrl6ilalestimahrevisedto$8]y29) 'tsr p ibilitiesincluderepreseming[heCkythrough
n ,spe<ifically lT andhighpeRormanttmanufacturinginterestedin
marketingandpubllcrelat f opro andidentifycompa l
gro ingoperationsintheUS.TheoHice o,IdhelpfEentifynewtargetmarkeninEUrope,organ arketingandtrademissions[oEUrope,
nclose pionswiththeheadquartersoteyiscingE.ropeancompaniesoperatinglnVirginaBeach.Thisofficemostlikelywillbein
Stuttgart, Germany.
•BUSiMU DevelopmeM RepreseMetive II ($86,9]3 original estimett rcNttd to $92.198: zelery $57,377, fringe beneNU $73,823, and support
wsb51o,998) -This new RE pozition supportsthe management and wersighc of Ihe AFZ-1 progam and will now be ablem assume ocher '.
business developmeM responsibili[iesio enhance [he economic developmen[ program. The grznf tunded position will be filled wi[h junior
level business development represenbtive.
•Busiriess Deaelopmertt SOttialisi ($]3,849 origirel esHmale revised to $69,873 for a eusiness Development RepresenGlire I: sel,ry $66,630,
fOngebenefftsSl6,)O5, endsupportcostt 58,-) -This positionwould providethe necessary research anE marketingsuOPOh forthe Ci[y's
business attraRion anJ retention programs.
•EconomicGerJening($OS,OOU) - TheHamptonfloadsGartnershiphazengagedtheNatioI Centerfor.ECOnomcGardennghostedbythe
EEwardLOweFaundation.tooHerspeculimdservices[oenablished,seconCSUge,high-growthpotentialrom0aniei.TheEmnomicGardening. Program helps companies identi(y newmarkets, research inEUAry development and maximize thelruse of wcial media and geographicalresearch usingateam of business analYrta hoietechniwl azsirtanre is free to wmpaniesthat qualify. The cart of these urvices Is $9,500 per wmpany
andwewauldtarget nVirginia0eah ompaowsfortheseservrcesthrsmmmgyear.
The Mayor thanked Mr. Harris and the entire Economic Development Team for a job well done.
June 26, 2012
-5-
CITY MANA GER'S BRIEFING
SPOT BLIGHT - CENTERVILLE and KEMPSVILLE DISTRICTS
4:25 P.M.
ITEM #61964
Mayor Sessoms introduced AndYew Friedman, Director - Housing and Neighborhood Preservation. Mr.
Friedman provided information regarding Spot Blight Abatement, specifically to homes in the Centerville
and Kempsville Districts.
-N?
SP4T BLIGHT r'1BATEMENT
CiiS° Counoii -Jttue 26. 20I2
' ;ludeew F'r?a?lman, Director, Hout ig-ne3 tie ?hborLood
?. Yxe=a?rs?ai;3mi
Frecd, (`odePnfor.?,.wene 3dtti nil[rator
The slide below provides the definition as well as other important facts regarding Spot Blight Abatement:
WHA7' IS SPOT BLICaHT :IPATF!.l'IE?tiT?
.. The authority granted by the Commonwealth to
localities that allows us to acquire or repair any
individual property designated as "blighted" by
exercise of eminent domain. "Spot" blight means that
the authority applies to only one location, rather than
an area.
Allows the city to hold, clear, repair, manage, or
dispose of such property to eliminate blight; and to
recover all costs associated with such action from the
owner(s)
This is the highest level of municipal code
enforcement and is only used as a last resort to obtain
compliance. Council adopted this authority in
September, 2000.
? DHNP has asked, and Council has approved, use of yt:??, this authority only twice since it was adopted. ,??
-6-
CITY MANA GER'S BRIEFING
SPOT BLIGHT - CENTERVILLE and KEMPSVILLE DISTRICTS
ITEM #61964(Continued)
WHAT C,o-Xs-rlTtT 1ES a"BL1<,HsEv
P ROPt:RTY?„
- Per City Code Section 16-39(b)
"Blighted Property" means any individual
commercial, industrial, or residential structure or
improvement that endangers the public's health,
safety, or welfare because the structure or
improvement upon the property is dilapidated,
deteriorated, or violates minimum health and safety
standards
The slide below provides the details of today's briefing:
F'L'RP{)SE OF l'OD:1l''S IsIln.EFi'ti(;
To provide information to Council about two
properties that staff believes are appropriate for
the exercise of the spot blight authority.
Council direction is sought, for each property, on
two issues:
m One - does the property meet the criteria under the
code for the exercise of this authority?
- Two - if so, CounciPs direction on the preferred
action alternative is sought.
Upon Council direction, the appropriate action
items will be prepared for consideration at the July _
10 Council meeting (unless no action is desired). ti?,?? June 26, 2012
-7-
CITY MANA GER'S BRIEFING
SPOT BLIGHT - CENTERVILLE and KEMPSVILLE DISTRICTS
ITEM #61964(Continued)
The first properry is located in the Kempsville District.
MIRaryN
?,?„„e*'..: ?' P tl cePd ?*., •
>,-,'E40Idh.f
R ?.,?w? „y33 ARp?
?
June 26, 2012
-8-
CITY MANA GER'S BRIEFING
SPOT BLIGHT - CENTERVILLE and KEMPSVILLE DISTRICTS
ITEM #61964(Continued)
This home has been vacant for 17 years and was condemned in 2004. More specific information is
prvvided in this slide:
PRoYERTY I'NFo & CAsE MsircN,Y
- Located in Queen City ° Was condemned in
off Providence Rd by 2004 for being an
Military Hwy open/vacant nuisance
: Owner resides in FL 45 notices of violation
Two dilapidated have been issued
structures on the Owner is non-
property responsive despite
Vacant for over 17 court convictions and
years fines
June 26, 2012
-9-
CITY MANA GER'S BRIEFING
SPOT BLIGHT - CENTERVILLE and KEMPSVILLE DISTRICTS
ITEM #61964(Continued)
June 26, 2012
-10-
CITYMANAGER'S BRIEFING
SPOT BLIGHT - CENTERVILLE and KEMPSVILLE DISTRICTS
ITEM #61964(Continued)
June 26, 2012
-11-
CITY MANA GER'S BRIEFING
SPOT BLIGHT - CENTERVILLE aiid KEMPSVILLE DISTRICTS
ITEM #61964(Continued)
This slide provides considerations for City Council:
CO:ti SII)E Ii,<1'1`IC)NS
The property is in a state of disrepair with
incomplete construction (front porch)
; The accessory structure is fire damaged and
gutted inside
Has been a blight on this community for many
years
? Staff has attempted to work with the property
owner to bring the property into compliance
c_ Court action and fines have not been effective
Appraised value of the property in its current
state is far less than the estimated cost of the necessary repairs
June 26, 2012
-12-
CITY MANA GER'S BRIEFING
SPOT BLIGHT - CENTERVILLE and KEMPSVILLE DISTRICTS
ITEM #61964(Continued)
City Council has two options which are more specifically outlined in these slides:
DisPc>slTlOIN OPTION 1- Ac(?trlREAND
P E;;EL11
Acquire the property through eminent domain
Declare it to be excess property and offer it for sale
Require the purchaser to either repair the structures and to
restore the units back to a habitable condition; or to demolish the
structures and rebuild new housing units. Y
The property could be owner occupied or resold without
restriction for either owner occupancy or rental.
Results of Action under Option 1
k i ?
? ?,?#.?..? ..?.._?.?;?}. ?. :_
Public, then Fully Occupied Highest cost option; risk of notprivateagain repairedor aftet tecoveringcosts;longesttime .
rebuilt aher completion frame and most staff time
completion of process involved
ofprocess
..cOsrrs FOR oPTloN 1-
AcQviziE Avv RESELL
Item Amount Explanation .
Advertising, legal, appraieal $2.000 Title ueacch, appraiNal, ete.
and holding coFLe
. Acquisition $40.000 Appraisedvalueineurrentcondition
Conl.ingencyf runanticipalcd $2.600 Additfonalrepaireasneededand/oc
expenaee abatemen6 costs
Lienn due 8165 Outxtanding lione againet the propert.y
Total Project Cost $ 44,955
Net project we6 afLer lien
repayment 444.500
Net project cost after Pror.eedK from Lhe sale will 6e re[urned
resale (unknown) t4 the gencrnl fund.
?
June 26, 2012
-13-
CITYMANAGER'S BRIEFING
SPOT BLIGHT - CENTERVILLE and KEMPSVILLE DISTRICTS
ITEM #61964(Continued)
I)[sPOSrTlON OF>'Isio, `? - DEMOLITrON
In lieu of acquisition, City Council may declare a
blighted property to constitute a nuisance and
abate the nuisance in accordance with state and
local regulations
A lien will be placed against the property to
recover the costs
Results of Action under Option 2
T
i? c ?? ? R ? ?
.:,.
Private Demolished Vacant Lot Lowest cost option; costs more
likely to be recovered; short time
frame and minimal staff time
involved
C4OST FOR OP'PI():ti 2- I)Id1MC}I.1'I'ION
Item ? Amount - Eaplanatio¢
Advertising, legal, and $ 2A00 Title search, apprairal. etc.
appraisalcoq6e
EsLimated demoGtion coels $12A00
Contingencyfor $2.600 Additionalabatementand -
unanticipated expenaee demolition asnesement oocte
Total Project Cost $ 16,500 . June 26, 2012
-14-
CITY MANA GER'S BRIEFING
SPOT BLIGHT - CENTERVILLE and KEMPSVILLE DISTRICTS
ITEM #61964(Continued)
Staff recommends demolition of this property:
STAFIa REC01V11L1:XI)ATT()?ti - DEM0I:.d'I'i0N
Approve an ordinance declaring the blighted
property a nuisance
Authorize a transfer of $16,955 to the DHNP
operating budget to carry out the demolition
; Upon Council direction, staff will prepare the
necessary ordinances for Council action on July
10, 2012
The second property is located in the Centerville District.
June 26, 2012
-15-
CITY MANA GER'S BRIEFING
SPOT BLIGHT - CENTERVILLE and KEMPSVILLE DISTRICTS
ITEM #61964(Continued)
This home has been vacant for 1.5 years. It is the City's information that the house has been foreclosed
and was condemned on January 18, 2012. More specific information is provided in this slide:
PFtC>PEhTY INFO & C'ASE I-IISTC)RY
? Located in
Charlestown Lakes off
Kempsville Rd by
Centerville Tpke
?. Vacant for 1.5 years
The property has been
foreclosed on
= Bank of America
refuses to make any
exterior repairs
Community is highly
concerned
: Structure was
condemned on 1/18/12
Exterior siding and
roofing is in disrepair
: Interior is
uninhabitable -
Interior surfaces and
fixtures have been
destroyed
June 26, 2012
-16-
CI7'YMANAGER'S BRIEFING
SPOT BLIGHT - CENTERVILLE and KEMPSVILLE DISTRICTS
ITEM #61964(Continued)
June 26, 2012
-17-
CITYMANAGER'S BRIEFING
SPOT BLIGHT - CENTERVILLE and KEMPSVILLE DISTRICTS
ITEM #61964(Continued)
June 26, 2012
-18-
CITYMANAGER'S BRIEFING
SPOT BLIGHT - CENTERVILLE and KEMPSVILLE DISTRICTS
ITEM #61964(Continued)
This slide provides considerations for Ciry Counci:.
Ct)I` SIDEI;:ATT 4_} N4
The property is in a state of disrepair and is
uninhabitable
The property has been foreclosed on and the bank
will not respond to requests to have the exterior
repaired
Court action against the prior owner was
ineffective
: Ongoing concerns from the community
F_? I
I
.Iune 26, 2012
-19-
CITY MANAGER'S BRIEFING
SPOT BLIGHT - CENTERVILLE and KEMPSVILLE DISTRICTS
ITEM #61964(Continued)
DlSPOs[rrIoN OYT10N 1- R???????? ?NL1
The city would contract for exterior repairs to alleviate the
blighting influence on the community
Results of Action Under Option 1
,?? ?
? ?t?
;????? ?e,'?!.??.
Private Eaterior Vacantuntil? Possibilityofmultiplerepairsor
repaired ownertakes vandalism; lowest cost option to
action start; costs likely W be recovered
5? I
Cc>sTFOI, C}Pz'IC>1 1 - Rr?????IR ONLY.
Item Amount Exp anation
AdverLieine, legal, apprairal croaLt $2.000 Tide search, appraisal, etc.
Eetimated one-time repair croe6 46.000 Siding, roofing. and misc. exterior
repairr
Contingene}* for unanticipated S2.500 Poscible repeat, cepairs
expenwe .
Total Project Cost $10,500
J
June 26, 2012
-20-
CITY MANA GER'S BRIEFING
SPOT BLIGHT - CENTERVILLE and KEMPSVILLE DISTRICTS
ITEM #61964(Continued)
I}zSPOsIzloN QPTIoN 2 _REPAria, Ac;QuIRE,
REsEFJ,
Immediately upon CounciPs finding that the property is blighted,
we would seek bids to have the property exterior repaired
Acquire the property through eminent domain
Declare it to be excess property and offer it for sale
Purchaser would be required to either repair the structure and to
restore the unit back to a habitable condition; or to demolish the
structure and rebuild a new housing unit
< The property could be owner occupied or resald without
restriction for either owner occupancy or rental
Results of Action Under Option 2
-1 ?s -
u.2???
Public, then Fully Occupied Highest cost option risk of not
privateagain repairedor after recovering costs; longest time
rebuilt after completion frame and most staff time
completion of process involved . .
ofprocess
Cosrs Falt OPlsloN2 - REPAIx,
ac-;QUfIZE, t,Nv REsElsL
Item Amount Explanation
Advertising, legal, appraisal $'2.000 TiUe eearch, appraieal. etc. .
andholdingcosts .
Exlerior repair roets $ 6.000 Siding, rooCing, ehed removal, and
miec. exlerior rcpaire
Ac4uisition $148.000 Appraieed value in eurrentcondition
Conlingencyforunanticipate<l $ 2,600 Additionalrepaireasncededand/or expenscs abatement. coeLe
l,ienc due $ 1.107 OuLatanding liene ngainFl. the property
Total Project Cost $159,607
Nel Project Coal due In licn
Pmt $In8.:i00 N'crepayourownlien
Net Project Cost after resale Dependson achial amoun6of snle to
Unknown buyer S
June 26, 2012
-z 1-
CITYMANAGER'S BRIEFING
SPOT BLIGHT - CENTERVILLE and KEMPSVILLE DISTRICTS
ITEM #61964(Continued)
D1SP(}:7tT1ON OPTION iJ ' LJEMOLITlO:t
In lieu of acquisition, City Council may declare a
blighted property to constitute a nuisance and
abate the nuisance in accordance with state and
local regulations
A lien will be placed against the property to recover the costs
Results of Action under Option 3
`?
? a '
W ? Oir?WNu-??
Private Demolished Vacant Lot Lowest cost option; costs more
. likely to be recovered; short time
frame and minimal staff time
iuvolved -1
CosT Far, OPTIoN3- DEMoLtTIoN
?
Item Amount Esplanat?on
Adveriiaing, legal, appraical and $ 2,000 TSUe uearch, appraieal, etc.
holding rocte
H;etimatedJemolitioncoet $10.000
Oontingenryfor unan6icipated $'2.500 Additional abatement and demoliGion
expensee aucessment. cosLF .
Total Project Cost
$14,500
June 26, 2012
-zz-
CITYMANAGER'S BRIEFING
SPOT BLIGHT - CENTERVILLE aizd KEMPSVILLE DISTRICTS
ITEM #61964(Continued)
Staff recommends demolition of this property.•
SrcaFF RECc3Mti1ENz> ATION` DEMt}T,IrcIaN
?. Approve an ordinance declaring the blighted
property a nuisance
Authorize a transfer of $14,500 to the DHNP I
operating budget to carry out the demolition
Upon Council direction, staff will prepare the
necessary ordinances for Council action on July
10, 2012
?
June 26, 2012
-23-
CITY MANA GER'S BRIEFING
SPOT BLIGHT - CENTERVILLE and KEMPSVILLE DISTRICTS
ITEM #61964(Continued)
As of June 25, 2012, Bank of America took action to bring the exterior of the home into compliance.
However, there are several citizen concerns regarding the property. With City Council 's support, Mayor
Sessoms will contact Bank of America to discuss the status of this home and report back to City Council
on July 3, 2012.
June 26, 2012
-24-
CITY MANA GER'S BRIEFING
INTERIM FINANCIAL STATEMENT
4:49 P.M.
ITEM #61965
Mayor Sessoms, called to order the CITY MANAGER'S BRIEFING, for the INTERIM FINANCIAL
STATEMENT. City Manager James Spore introduced Patricia Phillips, Director of Finance.
June 26, 2012
-25-
CITY MANA GER'S BRIEFING
INTERIM FINANCIAL STATEMENT
ITEM #61965(Continued)
The General Fund has budgeted Revenue for the Fiscal Year 2012 of $951.9-Million and Expenditures of
$1,005.4-Billion. Collected to date, the Revenues are $7662-Million and Expenditures are $909.3-
Million.
` FY 2022 General Fund Revenues and Expenditures
Compared tcz Budget Thru May 32, 2012
{in miflians}
Bu et Actaal Variance
Revenues
Local (80.6%ofbudget) $ 767.7 $ 654.7 $(113.0)
State (17.1 % ofbudset) 162.4 933 (69.1)
Federal ( 23 % ofbudget) 31.8 182 (3.6)
TotalRevenues 951 S 766•2 Sl185.71
Expenditure
s
City Operations $ 6359 $ 570.4 $ 653
SchoolOperations 369.7 338.9 30.8
TotalExpenditures $1,005.4 $ 909.3 $ 96.1
l,ess Amounts Funded from Fund Balance
Encumbrances/Cazryfonvuds at 6/30/I 1 $ 9.4
Ciry Capital Projects 26.4
City Operating Budget 6.2
Transferto School Reserve Fund 11.5
Adjusted Expendkures $ 951.9
Revenues do not come in equally. Revenues are at 80.5% of the estimated Revenues Budget.
. -'_" - _ .. ...
. .:::_ ., ..su.. ? FY 2012 Year-TQ-[late General Fund Revenues
Compared to Historic Trend at May 31x 2012
-
100% rf
eoas - YTDACTUAL=$766ZM
?
? 7x.u•r.
9M
ANNUAL BUDGET= $951
_ .
:fi.7°io 599%
d 60Mo
Z
511.2 / 58A'/o
41.9 54$°/.
E' 42.7°io 48P%
? aoye
- 44./ %
{... .. .__. .__ __ . _.
a 1.7i
d 26.7°6
201%
30% 14b%
4".o 8.3% 13b%
4
.
i 1.7°% y.l %
X3.7 %
o% lul Aug Sep Oc[ Nw Dec ]an Feb Mar AOr MaY Jun
........-w-ite.lrend... -%.fl'YI2?l3uJM - a
Jurie 26, 2012
-26-
CITYMANAGER'S BRIEFING
INTERIM FINANCIAL STATEMENT
ITEM #61965(Continued)
General Fund Revenuesthrei May
150%
$1.200
E1,070.8 E7,043.7 -
$974.7 5951.9 125Y.
??.,
$1,000 F_ . .
c 3e0o $7568 ... $7725 E757.2 E7882 .. 100%
N ? 77.7% 805%
74.0%
' ]5Y i
i feo0
a 70.7%
. . ......?:.. 50%
. . . zs i
SzoO ? ?,
o%
$o FY20119 FY2010 FY31111 FY2012
?
l
i ?ACtualTM1ru May opnnualBUtlpet ?% otTOtal '
One of the most significant Revenues for the City is Real Estate and the City is at 87.8% of collections.
.: ....
:
` Fteal Estate Revenues - Generai Fund Pcrtion Qnty
May 31, 2008 - 2012
$49;.0
$SOO $479.1 j465.8 BUDGET
$435.4
$427.8 1z5%
$384.8
$400 ? ? $3752 $370.6
o ?u.b
5332.8 86.2°l0 67.8%.
84.7°ro
a
= $300
f ? ia ? ?
S9,bk:. e
]5Y. o
u
i $zoo sox ?
rc K
$ioa ? . ? zsq
o%
$0
FY 2008 FY 2009 FY 2010 FY 2011 FY 2013
?AC1ualCOllectione OYTO ??%otTO?al
'Total Cirywide Budget of $4603M ,
June 26, 2012
-z7-
CITYMANAGER'S BRIEFING
INTERIM FINANCIAL STATEMENT
ITEM #61965(Continued)
General Sales Tar is up by 3.6%from last year at this time.
53.3°i 84 .0"1 $3.3 0 83:1:^ ? B4:29 -
h ]5% V
m $30 . . . .4
>
?
I
S15 I
{ 25%
I
I
Ok
$o
2009 FY2010 FY20>> -W
FV2008 1
I ?ACtualCoNec?ionc ott0 ?%ofTOlel ?
June 26, 2012
-28-
CITYMANAGER'S BRIEFING
INTERIM FINANCIAL STATEMENT
ITEM #61965(Continued)
June 26, 2012
-29-
CITY MANA GER'S BRIEFING
INTERIM FINANCIAL STATEMENT
ITEM #61965(Continued)
The City continues to do well with this tax which is a good sign that the Resort Area and hotels are doing
well overall.
t?
.__.. ?._
4otel Ftoom Taxes - Genecat Eund Portian Qnty
May 3i+ 2008 - 2012
-___ __-___ _ 150%
09Y.UpiromFYtt BUDGET j
$6 E5.5 55,5 "'.
$SA
$5.2 552 S5.1
$5.1 ! t2s%
'..
SS {4A .... $4.8 .. .54.7 .... . '
?? - 100% e
81.5 ? :92.2 0 91.3 91.5 92.b o ..
0
0 3<
?
H ]5%
V
? $3
0
K 60% X
$1
25%
$t
$0 0%
FY2008 FV2008 FY2070 FV2011 FV2012
?ACtualColkctions DY?D %olTOtal
June 26, 2012
-30-
CITYMANAGER'S BRIEFING
INTERIM FINANCIAL STATEMENT
ITEM #61965(Continued)
?
?, ..
Hate1 Room Taxes 8% Attacatio
(iR miltions)
Total Hotel Room Tax FP12 Budget =$25.1M
I CBD 17F receives $501
fmmGF?$222K)and'... (.,
WGF2%
¦ CBD TIF
¦TAP 1%/$1
?TIPS%
SB $7
n Tax = 8% plus $1 mom nights
SD has au aAditional 2%% tax
14
June 26, 2012
-31-
CITY MANA GER'S BRIEFING
INTERIM FINANCIAL STATEMENT
ITEM #6I965(Continued)
The Ciry continues to do well with this tax and fully expects to make Budget.
June 26, 2012
-32-
CITY MANAGER'S BRIEFING
INTERIM FINANCIAL STATEMENT
ITEM #61965(Continued)
Restaurant Meat Taxes 5 Yz,% A(lacation
(in miflions}
Total Restaurant Meal Tax FY12 Budget= $51.8M
¦ GF 3.5%
¦ TAP 0.5 %
o TIP 1.06 %
sOS0.44%
777 .. .. . y?
E Fund ReYenues
Summarx of CitY's Genera
May 31, 2012
(in mitlions)
:. E']2012.YTD . .
Badget $ ' % Trend
* Real Fstate Taxes $ 421.8 $ 370.4 87.8 % A
Pe=sonal Property Taxes 703 47.5 67.5 F
? Pers.Prop.TaxReliefAct 53.4 6.5 122 A
Generel Sales Tax 53.0 44.6 842 F
? Utilrty Taxes 25.5 213 83.5 U
?
Telecormvnications Taxes 20.2 153 76.1 A
?
Business Licenses 41.3 40J 98.4 F
* Hotel Taxes 5.5 i 1 92.6 F
Restaurant Taxes 32.9 30.9 93.7 F
Charges for Sernces 472 352 74.4 F ?
Other Local Revenues 50.0 43.8 87.7 F
* State Revenues 109.0 86.7 79.5 F ?
* Federa.l Revenues 21.8 18.2 83.4 U
$ 951.9 $ 766Z SOS % F
* GF porHon ouly F=Fawrable A=Accep[ade l?UufawraMe
ix
June 26, 2012
-33-
CITY MANA GER'S BRIEFING
INTERIM FINANCIAL STATEMENT
ITEM #6I965(Continued)
?- .
.
? EY 2012 Year-To-Date General Fund Expenditures
fompared to Historic Trend at tVtay 31, 2012
100% ---- .?'
, .?
YTD ACTUAL = $909.3M - ? y0.a?
ao% _ o
ANNUAL BUDGET = $1,005.4M
_ 7s.o
cx.o
° 60% , 611.1%
40^h i . _ ? _.. .. _ ._. __ _.
3 .
28.2%
20% _ _ __ _
I%.9°6
7ul Auy Sep OQ Nov Dec 7an Feb Mar Apr May ]un
-PendiNreTlend - ofPY12 Gnp 9adFH.. .... ' ?
June 26, 2012
-34-
CITY MANA GER'S BRIEFING
INTERIM FINANCIAL STATEMENT
ITEM #61965(Continued)
=1Y 2012 YTt? Genera) Fund Revenues & Expenditures
Gompared ta Historic Trend at May 31, 2012
200%
ACTUALREVENUES=$766ZM
sow ? szx°„ ;x.n9s
ACTUAL EXPENDITURES= $909.3M _. ?; ?? ,
:
59.9• .
60% --6.I°Jf SRAY6
?r SU • 54.5%
W .. _.,! ?23°%459• 7F.R°?o
. ? ",3pe42 % 44.7%
` 2821& 26.7° '-A.n°.;
20% 14.6%
I 75 °
1.7 % T..
N3° lab"i?
Y.fl w G.4 % I %
I
0% -
7y1 Aug 'eSep OR Mov Dec ]an Feb Mar Apr May Jun
L..?peyT-d t%nfFVl2Rev?dgel -p-diNreTrand -?r%o(PV'12C?RUdget ?I
The City has spent 90.4% of appropriations to- date.
___..?...
General Fund FY 2012 Ecpenditures
? Total at May 31, 2012: • $9093M, or 90.4%, of $1,005.4M Budget
? Summary ofActual Expenditures Under Budget at June 30:
{in millions)
T`?tat ' °fo of Total
$udgeY Ci#y blo vf Ciry
BudgCt 5ckools '
8 Actual)
F2-1(0)
(O) $55 5 5.1°u b20.2 2.8% S35.3
,
)
Actual) ?39.6 3.5°0 $247 32% $14.9
Actual) $453 $27.6 3.6°io $17.7
2011 (Actual) $32.1 3.1°io S22.4 3.2% 59J
June 26, 2012
-35-
CITY MANA GER'S BRIEFING
INTERIM FINANCIAL STATEMENT
ITEM #61965(Continued)
General Fund Expenditures
Next Steps - ,_
* Continue to monitor revenues in FY 12
• Real Estate- June due date
• Personal Property- June due date
* Closeout of financial statements FY12 -Aug 15t'
? Unaudited financial statements FY12 - Oct 9t"
? Audited CAFR FY 12 - Dec ll rn
„
The Mayor thanked Ms. Phillips and her entire team for their work.
June 26, 2012
-36-
CITY COUNCIL COMMENTS
S:OS P.M.
ITEM #61966
Coicncilman Dyer advised a Forum discussing District Voting is scheduled for tomorrow, June 27, 2012,
at Regent University - Robertson Hall. Councilman Dyer encouraged Ciry Council Members and citizens
to attend.
ITEM #61967
Councilman DeSteph attended the Law Enforcement Memorial Dedication this past weekend and it was
well attended. No City funds were used. The Virginia Beach Law Enforcement Foundation and various
donors raised more than $700,000. The Sculptor, Paul DiParquale was in attendance along with more
than eighty (80) family.members of the fourteen (14) Officers memorialized.
ITEM #61968
Councilman Moss stated during the Budget process he inquired about the tuition reimbursement which
had zero funding and he would like to know how that is being addressed foY employees that are pursuing
their education.
Councilman Moss attended a Deferred Compensation meeting on June 200 with emphasis on educating
employees on the importance of making investments. There is discussion on shifting from a"Lifestyle
Fund" to an "Age Retirement Fund". Participating rate is pretty high but the group is working hard at
getting that participation rate up.
June 26, 2012
-37-
AGENDA REVIEW SESSION
S: 09 P.M.
ITEM #61969
BY CONSENSUS, the following shall compose the CONSENT AGENDA:
I. ORDINANCES/RESOL UTIONS
1. Ordinances to AMEND the City Code:
a. Section 16-41 re removal, storage and sale of certain unattended
vehicles
b. Section 5-524 re dangerous dog registration procedures
c. APPROPRIATE $1, 470 to the Police Department from Dangerous Dog
RegistYation Fees in accordance with Virginia Code Section 3.2-6540(L),
As Amended
d. ADD Section 27-8 re territorial limits of the City's law enforcement
jurisdiction
e. REPEAL Sections 38-2 and 38-2.1 of the City Code re fees for
concealed weapon permits
2. Ordinances to AUTHORIZE:
a. Acquisition of Ag-ricultural Land Preservation (ARP) Easements in the
amount of $1,107,904 to Grandy Winston Henley and Henley Farm,
L.P. at 3484 Charity Neck and 3489 Muddy Creek Roads
b. The City Manager to EXECUTE a lease with Yetshouse, Incorporated
at 200 North Oceana Boulevard
c. The Ciry Manager to EXECUTE a Police Mutual Aid Agreement with
the Cities of Chesapeake, Franklin, Hampton, Newport News, Norfolk,
Poquoson, Portsmouth, Suffolk, Virginia Beach, Williamsburg and the
Counties of James City, Accomack, Gloucester, Isle of Wight,
Northampton, York and the Towns of Smithfield and Windsor
d. Reimbursement of employee's legal fees and expenses incurred in the
successful defense of a charge arising from the discharge of official
duties
e. Acquisition of 104 North Witchduck Road for Witchduck Road Phase II
and other municipal purposes
3. Ordinance APPOINTING Viewers to serve one year terms to view streets oY
alleys proposed to be closed
.Iune 26, 2012
-38-
AGENDA REVIEW SESSION
ITEM #61969(Continued)
4. Ordinance to GRANT Emergency Medical Services (EMS) permits to operate in
the City of Virginia Beach:
a. Eagle Medical Transports
b. Eastern Shore Ambulance Service
c. American Lifeline Medical Transport
d. Lifeline Ambulance Service
e. Mid-Atlantic Regional Ambulance
f. Children's Hospital of the King's Daughters
g. Special Event Providers of Emergency Medicine
h. Nightingale Regional Air Ambulance
i. Stone Ambulance Service
j. LifeEvac Virginia/air Methods
k. Medical Transport
5. Ordinance to CONTINUE funding for the Mastef• Deputy Program and Sheriff's
Career Development Program
6. Ordinances re the compensation and VRS adjustments of the City Manager, City
Attorney, City Clerk, City Real Estate Assessor and City Auditor
7. Resolution to RE ADOPT Design-Build And Construction Management
procedures to reflect actions of the 2011 General Assembly and the revised
Department of General Services (DGS)
8. Ordinances to ACCEPT, APPROPRIATE and TRANSFER:
a. Funds from the Fifth Annual Virginia Beach Business Appreciation
Charity Golf Classic and Networking Reception and AUTHORIZE
donations to MAS, Inc., The Global Studies and World Languages
Academy at Tallwood High School and Friends of the Virginia Beach
Library
b. APPROPRIATE State revenues, TRANSFER funds and AUTHORIZE
Deputy Sheriffpositions in theSheriffsFY2012-13 OperatingBudget
c. TRANSFER funds within the FY2012-13 Economic Development
Operating Budget and AUTHORIZE additional full-time positions
Item #2(a) will be considered separately as there are speakers registered.
Item #2(d) will be considered separately.
Item #8(c) will be considered separately.
Juize 26, 2012
-39-
AGENDA REVIEW SESSION
ITEM #61970
BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA:
J. PLANNING
Application of FRED NEELEY for a Conditional Use Permit (residential
kennel) at 2732 Alameda Drive (DISTRICT 7- PRINCESS ANNE)
2. Application of BASILEIA EMPOWERING MINISTRIES/GREGORY
MEYERS for a Conditional Use Permit re child care at 1547 Amberley Forest
Drive (DISTRICT 2 - KEMPSVILLE)
3. Application of MADELINE F. BAILEY TRUST for a Conditional Use Permit
re an automotive repair garage, transmission shop and existing automotive
repair at 176-180 Mac Street (DISTRICT 4- BAYSIDE)
4. Application of STIHL, INCORPORATED for a Conditional Use Permit to
install a wind energy system at 536 Viking Drive (DISTRICT 6- BEACH)
5. Application of JAMES KENNEDY VI/DAVID D. KENNEDY for a Conditional
Use Permit re a home occupation - sale of firearms, gunsmithing, assembly,
accurizing, parts and service at 3505 Byrne Brae Drive (DISTRICT 2-
KEMPSVILLE)
6 Application of REAL INVESTMENT ASSOCIATES, WC./WILLIAM HENRY
SAWYER for a Chanjze of ZoninQ District Classification from AG-1 and AG-2
Agricultural to Conditional R-IO Residential re developing a single family
residential development at 2283 Princess Anne Road (DISTRICT 7- PRINCESS
ANNE)
Application of the CITY OF VIRGINIA BEACH for a Chanjz-e of ZoninQ
District Classi acation from R-7.5 Residential and H-1 Hotel to P-1 Preservation
to construct a trvo-story faciliry with improvements to parking, circulation,
stormwater and site amenities at Bow Creek Recreation CenteY, 3427 Club
House Road (DISTRICT 3- ROSE HALL)
Council Lady Henley will vote a verbal NAY on Item #5
Councilmen DeSteph and Moss will vote a verbal NAY on Ite?n #7
June 26, 2012
-40-
ITEM#61971
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 inter-views
of prospective candidates for employment, assignment, appointment,
promotion, perfoYmance, 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 2.2-3 711 (A)(3).
Acquisition/Disposition of City Property:
Beach District
LEGAL MATTERS: Consultation with legal counsel and briefings by
staff inembers or consultants pertaining to actual or probable litigation,
where such consultation or briefing in open meeting would adversely
affect the negotiating or litigating posture of the public body; or
consultation with legal counsel employed or retained by a public body
regarding specific legal matters requiring the provision of legal advice
by such counsel pursuant to Section 2.2-3 711 (A)(7).
Inena Tatem, as Administrator of the Estate of Michael Marmon
Knockett v. Heather M. Boyd, et als.
June 26, 2012
-41-
ITEM# 61971 (Contiizued)
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council voted to proceed into
CLOSED SESSION at S: 25 P.M.
Voting: 10-0
Council Members Yoting Aye:
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:
Glenn R. Davis
(Closed Session: 5:24 P.M. - 5:52 P.M.)
June 26, 2012
-42-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
June 26, 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, Ciry Hall, on Tuesday, June 26, 2012, at 6: 00 P.M.
Council Members Present:
Glenn R. Davis, William R.
Dyer, Barbara M. Henley,
Mayor William D. Sessoms
James L. Wood
Council Members Absent:
None
"Bill " DeSteph, Harry E. Diezel, Robert M.
Vice Mayor Louis R. Jones, John D. Moss,
, Jr., John E. Uhrin, Rosemary Wilson and
INVOCATION: Reverend Chris Bowen
Pastor
St. Michael Lutheran Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
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 aYise if he unknowingly participates in a matter before City Council in which
TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne
Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and
spirit of the State and Local Government Conflict of Interests Act (the Act"), it is his practice to
thoroughly review each City Council agenda to identify any matters in which he might have an actual or
potential conflict. If, during his review of an agenda, he identifies a matter in which he has a"personal
interest", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter
with the City Clerk to be included in the official records of City Council. Mayor Sessoms ' letter of
March 24, 2009, is hereby made a part of the record.
June 26, 2012
-43-
Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank.
Three (3) years ago, Fulton Financial Corporation ("Fulton Financial ) purchased Resource Bank. On
MaYCh 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
Yecord.
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
handles in any given year, Dixon Hughes Goodman has an interest in numerous matters in which her
husband is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letteY 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 orpotential conflict. If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of.Ianuary 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 yeaY, Prudential has an interest in numerous matteYS in
which she is not personally involved and of which she does not have personal knowledge. In ordeY 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
Yecorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of.7anuary 27, 2004, is hereby made a part of the record.
June 26, 2012
-44-
Itein -V-E
CERTIFICATION
ITEM #61972
Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council CERTIFIED THE
CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS.
Only public business rnatters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 10-0
Council Members Yoting Aye:
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 Poting Nay:
None
Council Members Absent:
None
Council Members Abstaining.
Glenn R. Davis
June 26, 2012
R E S 0 L U T 10 N
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the
affirmative vote recarded in ITEM #61971 Page 40, and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.2-3712 of the Code of V irginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies
that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open
Meeting reyuirements 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.
Ruth Hodges Fraser, MMC
City Clerk
June 26, 2012
-45-
Item -V-F.1
MINUTES
ITEM #61973
Upon motion by Councilman Uhrin, seconded by Council Lady Wilson, City Council APPROVED the
MINUTES of the INFORMAL and FORMAL SESSIONS of June 12, 2012.
Voting: 10-0
Council MembeYS Voting Aye:
Glenn R. Davis, William R"Bill " DeSteph, Harry E. Diezel, Barbara
M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D.
Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Yoting Nay:
None
Council Members Absent:
Robert M. Dyer (Stepped Out)
June 26, 2012
-46-
Item -V-G.Ia16
MAYOR'S PRESENTATION
ITEM #61974
1. GENERAL ASSEMBLYRESOLUTIONS
a. Resolution Commending NAS Oceana
Senator Jeff McWaters
Mayor Sessoms introduced and welcomed Senator Jeff McWaters, as well as House of Representative
Members Bob Purkey, Sal Iaquinto and Barry Knight.
Senator McWaters presented Senate Joint Resolution No. 5009, Commending Naval Air Station Oceana
to Captain Robert N. Geis, Commanding Officer. Naval Air Station Oceana was selected as the "2010
Active Base Community Of The Year" by the Defense Communities, for its community partnership with
the City of Virginia Beach by enhancing the military value and overall economic development of the
community by abating encroachments surrounding Oceana.
Senator McWaters further commended Captain Geis in his leadership with the City to avoid personal
injury in the air crash and resulting fire on Good Friday 2012 at Mayfair Mews Apartments.
Captain Geis thanked Senator McWaters, as well as Mayor Sessoms and City Council for all of the
support to Naval Air Station Oceana.
b. Resolution in Memoriam to Honorable Glenn McClanan
Delegate Sal Iaquinto
Delegate Iaquinto presented House Joint Resolution No. 454, Celebrating the life of the Honorable Glenn
Brooks McClanan, Sr., as an expression of the General Assembly's abiding respect for his memory. The
Honorable Glen Brooks McClanan passed away on January 26, 2012. Mr. McClanan began his public
service to the Commonwealth in 1872 and represented all or parts of the City of ViYginia Beach for
nearly two decades with great integrity and pride.
Ruth Hodges Fraser, MMC, Ciry Clerk accepted the Resolution on behalf of Reba McClanan and the
entire family.
June 26, 2012
':; \?z
4-g?
SENATE OF VIRGINIA
,$ENAZ'E 70IN7RESOL `Z17I0 NN0. 5009
Commending Nava(AirStation Oceana.
Patrons-McWaters, Bfac? Blevins, Carrico, Locke, Lucas, Martin, McDougle, Miller, 7.C., Mi!ler, YB.,
Newmun, Norment, Northam, Odens(iain, R,eeves, Ruff, Smith, StanCey, Stuart, NogelanrlWagner;
Delegates: Cosgrove, Iaquinto, KniBFit, Mom.s, Stolfe, 7ata and Viflanueva
Agreed to 6y the Senate, Apri[17, 2012
Agreed to dy the House of De4ates, May 14, 2012
`IM`J-lE.R,EAS, TCava(Air Station Oceana was selected as the 2010Active Base Community of the }'ear
6y the Association of Defense Communities and
7&EREq,S, the Association of Defense Communities Fianared Navaf Air Statian Oceanu (NA,5
Oceann) for its community pamierskip with the City of Nirginia Beach, wkicFi hn.s enFcanced the military
vafue anrloveraffecanamic devefopment of the community; and
?W`?fEREA,S, NAS Oceana partnered witFi the City of Nirginia Beack to take activn shartlz? after the
relense of a report in Septemder 2005 dy the Defense Base Rea!'?gnment and CCasure Commissinn that
canditioned the ongoing missian of NAS Oceana as the Ecrst Coast Master7et Base upan efforts of state and
localgavernments to stop aruf roCldackencroackment surrounrling NA,S Oceana; and
IYt?`"XERE,S, NAS Oceana worked witk the City of Virginin Beach ns the lacalgovernment took
decisive action to stop and roff dack encroachment, including rezoning tens of tFcousands of acres af land,
proFziditing new incompatidle rfevelapment, and aajuiring Cund in the area; and
'GV?3lEREAS, NAS Oceana plnys a pivotalrale in the Hampton R,oa?fs econamy, as nearly 46 percent of
the area's annuaf output ofgoorfs and services relies on defense activity; and
`YtaXEREIS, the Ztnited States Navy's presence and the navaf personnel stationerf at NA,S Ocenna,
tFteir spouses and ckildren, as welf as Navy retirees wFw serued at NA,S Oceana, are a source of pride for and
part of the fa6ric of the City of Virginia Beack; and
`iMHE.REA5, NA,S Oceana and the City of Virginia BeacFi cantinue to work closely tagetFier witFi a
three-pronged approarl of land'use cantro(s, a property acquisition program, aruf rolC6ackincentives to ensure
t6?e continuerf vitafity af NAS Oceana anrf its con.±:ni;ea value to the area and nation as the East Coast
Masteryet Base; now, tFierefore, de it
RESOL'L'ED dy the Senate, the House of DeCeBates concumng, 2Fiat the GeneralAssem6Cy heredy
cammenrf NavaCAir Statian Oceana on its seleciwn as the 2010 Active Base Community of the }''ear 6J the
A.ssociation of Deferue Cammunities; aruf, 6e it
RESOLV-PD FZI-RZ*XER gTiat the Clerk af the Senate prepare a copy of tFeis resofutian for
presentation to Nava.(Air Statian Oceana as an eypression of the GeneralAssemdfy's congratulafions and
apyreciation for the dase's cantri6utions to the cammunity and Commonweaftk.
?
G1.srzn ('f1Jrke Crtinnr I
O1? ???RG1[NllA
('aENE???L A??EMBLcY
I I0USE )O1NT I:}.SOLU"I'10N NO. 454
Celebrating the life of the Honorable Glenn Brooks MeClanan, Sr.
A?4recd to by tlie Housc of Delegittes, March 2, 2012
rlgrecd lu by llic Sen<tte, Maccll 7, 2012
WIIF,I:EAS, fhr Ilonurablc Gdcun Brouks McClitnaii, Sr., zi distinguislted atiocncy iuid foi°mcr nicmber uf' thc Vii"ginia
I louse ot Drle<ites, died on jauiuaty 2G, ?0 l?; xnd
Wl ll;h}:A5, a nutivc ul' Viryitux [3crich, Glenn McClnnan gcadifatecl fcom Kempsville Hig1i 5cliool, earncd a hichelor's
de;tirre I'rom I,ynchburg Cullegc, .ind reccivcd a law dcgree from the Uiliversity of Virginia; and
VVl It;Rt;AS, <i cicdictited ,itlorticy respecfed for liis ktiowledge of the htw auid comittitttlent to liis clietits, Gleiiri McClamm
pricticed law tioc seveexl ilecxcles and tnade tiuniecous contcibutions to liis prof'ession throngh membership in various baur
associsiiiuns; tuid
\-VllCRt:Ati, l';Iciut McCliuiari beg.m his loug cxreer of public seivice to the Conunom??ealth in 1972 and represcntcd all
or parts of thc Ciiy of Vil,giiiin (iencli fur neucly two dectuies as a meinber of Che Virginia t-Iouse of Dcle3atcs, and
W1 Ii;Rt;AS, a cuiisricntious Icgislator, Glcun N1cClanxn served .is cliair of tlie Agrictilture Cornniiltee arid as a mcmbcr of
lhc l;encrnl I»i\vs Cunuilittrr; Corporations, Insucance "ind 13v1king Conunittee; ilnd luterstaic Cooper"ition Conunitkee; and
WIIFI:F.AS, ducin?ti liis tenure, Glenn McGanau providcd visionaiy leadership ris he chmnpioned Icgislation to protecl.
consuiiiCt's Mu1 Ilic eirviromiticnt anii encouraged wisc plijnning to eeisiu'e iil n&quxte wafer suff(y 1'or the Vii',?inilt C3e.ach
.urca; atid
W1 fEREAti, rommiUed tu lhe prosperily anii wcl(-bcin'? oP liis tiouietowtl, Gleiin McClanan took ttn <activc role iti civic
auid coiilnuiliity nfi;iirs, serving us lhe fociuec president of the Virgiuia l3cach Council of Civic Orgariizaiions and Pcinccss Annc
}'Iazu C'ivic Len-?ile <tnL1 iis iln aictive meniber of the Tidewatcr Fciends of' Folk Music, Vii?.,'inia BEacli Spocts Clul), hcmpsvillc
Riu•il.ui t'lub, suid iblasonic Loiigc #'?S; .tud
WII1:REr\ti, ,is u youth, Glenn McClunun puriicip.Ued iu 4-1-1 and its Interuationx( F.trin 1'otrtli l:xchangc pro,;raun;
tlirnu'{h the 1'ru'sraili, hc iilet his wit'c, hebn, and tu?4ethec Ilicy traveled tu ovcc 50 cou[rtt-ics v:iinin,; v<ifu,'ible iilsiglit into oUter
Cuilurrs nrul pcopics; .tnd
41'tlt;REAti, enrly ili liis careec, Glentt McCl<uwn wocked foc the Uuited tifaies Atoiuic Energy Commission, trivclimg lo
se'liools nri'oss thc cuuntty presenting prugams on ihe bencfits atid pcacetime uses of atotnic : uei<gY; and
WA It;1:1:Ati, un illfluelitial citi•r.eii of Vii?ginin Beach, Glenu McClauau seived tlte City iind thc Couimonnvcalf(? Nvith grenl
infc,{rity; <md
WI I};I:EAti, GiIrnn McCl,mun leaves fo ciierisli his ineiitocy his beloved wife, Feba; children, Anne, Glenn,jr., nnd M.irtin,
nnd tlicic I:unilics; nunlerous oth<r t"tiuily inenibers und fricnds; xnd colictigues oti both sides of ihe aisle; now, therefore, bc it
hi;SOI.Vt;D by lhr Ilouse of nclcgatrs, the Senate concurring,'I'(iat tlie Gcnernl Asseilibly hercby »otc tvith gce.tt sadiress
lhe• luss ot :in iidInirCi1 E,ul,lic servnut, the lionorible Glenn L3rouks McClitnan, Sr.; <+ncl, be it
I:ESOi.Vt;D f'tIR'1'(If;R,'I'liat lhc Clerk oP tlie. Flouse ol nelcgates prcpare a copy o(' tliis resolution for prescniation lo ihc
fuinilv Lif Ilir I lonc»:iblc ("lelui [;rooks i\9cClunan, Sr., as an expcessiun ot ihe Gcneral Assenibly's,abidinS respecl foc his mcmuiy.
i iousc 1'alruns: Liyuilitu, G:trretl, I lowcll, W,?., Ilugo, [nSi,am, loiuinon, Jolirison, Kcam, Knight, Loupassi, Orrock,
Fluni, Pc??tie, Puckey, Putney, Slollc,'l':itii, Vi(lanuev.i, Ware, O., Watts, and Wilt
Clerk of the Ilnuse of Oclee;ilr.ti
-47-
Item -V-G.2
MAYOR'S PRESENTATION
ITEM #61975
PRESOL UTION HONORING Peter K. Mueller
Executive Vice President, Stihl Incorporated
Mayor Sessoms introduced Peter K. Mueller, Executive Vice President, STIHL Incorporated, and
presented him with a Resolution to recognize and pay tribute to his leadership and accomplishments for
STIHL, Incorporated, the leading manufacturer in Virginia Beach.
Mayor Sessoms also presented Mr. Mueller with a formal Honorary Citizen Certificate.
Mr. Mueller thanked Mayor Sessoms and City Council for the support.
June 26, 2012
???IUTION
WHEREAS: Peter K Mueller, was born in Munich Germany, received his engineering deo ee from Universiry in Munich
and relocated to the United States in 1974. He started his career with STIHL when STIHL, Ine. first opened its doors the
same year. Mr. Mueller started up the U.S. manufacturing operations for STIHL, Inc. in Virginia Beach with fifry employees
in a riventy thousand square foot warehouse in the Airport Industrial Park.
WHEREAS: His management skzlls, knowledge and ezperience were soon recognized when he was promoted to Director of
Manufacturing in 1976, and soon after to Vice President ofManufacturing in 1978 when ST7HL moved to its current location
offLynnhaven Pmkway with a lwenty-one thousand square foot headquariers office and an eighty five thousand square foot
manufacturing faciliry. Peter K Mueller was promoted to his current position as Executive Vice President in 1992 and has
remained one of the top leaders of the company, serving on the Executive Council for thepast thirry years. STIHL, Inc.,
under the profound leadership of Peter Mueller, has grown its commiiment to Virginia Beach from simple assembly to
advanced manufacturing and numerous expansions, including $60-Million in 2003 and an additional $79-Million in 2003 --
the largest single economic investmeni irs the City's history. In 2008, the company opened a$25-Million facility to
manufacture guide-bars for their chain saws rather than importing them from Germany or Brazil. The new facility featured
a 60,000 square foot "green" roof, representing STIHL, Inc.'s commitment to preserving the environment. With an extended
land purchase in 2012, STIHL, Inc. expanded iheir distribution space for future growth and grew its ownership to 2-Million
square feet and over 180 acres of land in Virginia Beach. STIHL, Inc. 's vertically integrated production process is one of the
most advaneed in the world and allows the eompany to maintain its position as the world's leading power tool manufacturer.
Today STIHL, Inc. manufactui•es more than two hundred different models of chain saws andpower tools, featuring the best
available technologies and cleanest running outdoor power equipment available in the world;
WHEREAS: Prior to joining STIHL, Peter K. Mueller was the Assistant to the Chairman of the Board of a major German
corporation where he held various management positions in production and quality assurance. Under his leadership,
STIHL, Ine. has achieved the ISO 9001 and ISO 14001 certificafions as well as the United States Senate Productivity and
Quality Medallion of Excellence Award. STIHL, Ine. was also a Stage Two Finalist for the Malcolm Baldrige Award and in
2004, declared the winner of the Virginia Shingo Prize for Excellence in Manufacturing. Peter K Mueller understands the
value of investing in the employees as well as product qualiry. For each of the last three years, STIHI, has been recognized
with the highest qualiry award within the company for each of three categories: chain saws, power tools and electric tools;
WHEREAS: Peter Mueller has been involved in the diplomaric, political and economic aspect of Germany's representation
in the United States. He was named Honorary Consul of the Federal Republic of Germany by the then German President,
Horst Koehler, in September 2005 and has established himseljas one of the leading advocates for the continued success of
Virginia Beach and her citizens. He has assisted German citizen in Virginia Beach and the Hampton Roads Area with their
questions or problems. He serves various Regional boards, including the Sociery ofManufacturing Engineers, the Hampton
Roads Economic Development Alliance and the Virginia Opera; and,
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach Ciry Council pause in its deliberations to recognize
Peter Mueller and pay tribute to his leadership and accomplishments for STIHL, Incorporated, the leading manufactur•er in
Virginia Beach.
BE IT FURTHER RESOLVED: T/iat this signed Resolution be spread upon the Minutes of this Formal Session of the
Virginia Beach Ciry Council this Twenry-sixth day of June, Two Thousand Twelve.
Given under our hands and seals:
.ZGW111_f- ??... -Z?d I
CounciGnan GCenn 9Z Davis Cou ' n`WilGam R
nlt.o6en . ` o6°Dyer Henl?y
Gnnn7ohn ?. 41hrin ' Co ilLa?ly Ras r
AMayor I,ou' .7ones
-48-
Iteni -V-I.1
PUBLIC HEARING
ITEM #61976
Mayor Sessoms DECLARED A PUBLIC HEARING:
LEASE OF CITY-OWNED PROPERTY
200 North Oceana Boulevard
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
June 26, 2012
-49-
Iteni -V-I.2
PUBLIC HEARING
ITEM #61977
Mayor Sessoms DECLARED A PUBLIC HEARING:
INSTALLMENT PURCHASE AGREEMENT (ARP)
3484 Charity Neck and 3489 Muddy Creek Roads
The following individuals registered to speak:
Edward Bourdon, Attorney for the Henley's ARP Application. Mr. Bourdon stated the farm was inherited
by Mr. Henley from his family. The Agricultural Reserve Program (ARP) was adopted in 1985 and
widely accepted by landowners and citizens. Citizens were fully informed and saw this as equitable to
everyone. Former Councilman Baum enrolled in the ARP while on City Council. Mr. Bourdon stated
that City Council have ever denied an ARPApplication.
Marvin Rollins, 1521 Mill Landing Road, Phone: 426-6459, spoke in SUPPORT, stating he has known
the Henley Family for decades. Mr. Rollins believes in the Henley's line of business it is smart for their
property to be protected. Former Councilman Baum enrolled in ARP while on Ciry Council, as did Don
Horsley while on the Planning Commission and Barry Knight while serving as Delegate for the House of
Representatives. Mr. Rollins encouraged City Council to abide by the regulations and approve this ARP
Application.
Patricia ingmiret Richard, 977 Donation Road, Phone: 464-0728, spoke in SUPPORT stating the City of
ViYginia Beach is fortunate to have Mrs. Henley serve on City Council as she is an advocate for the
"Green Line " and ARP. A tremendous amount of land has been saved from development as a result of
this program. Ms. Richard encouraged City Council to support this ARP Application.
Mary Heinricht, 5525 Woodbine Road, Phone: 425-239-1360, spoke in SUPPORT of this ARP
Application. Ms. Heinricht stated it has been thirteen (13) years since she spoke at a City Council
meeting. This program has received national recognition and ensures that Virginia Beach has land
resources for Agriculture's future generations. Land is a most valuable asset in farming and planning is
a necessity. The Henley Family is simply trying to plan for the future and ensure their land is protected
for future generations.
Cal Schieman, 37047 Gumwood Court, Phone: 471-2258, spoke in SUPPORT. Mr. Schieman is retired
from the City of Virginia Beach. The Henley's open their farm for Extension Agents and hold more
educational tours than any other faYm in Virginia Beach. In 2007, the Henley Family received the
"Excellence in Agriculture" award. The Henley's should not be penalized for Council Lady Henley's
sei-vice to the City.
Jimmy Frost, 2240 Windom Place, Phone: 343-6768, spoke in OPPOSITION. Mr. Frosts previously
spoke out against this ARP Application and had hoped Council Lady Henley would withdraw her
application until after she left City Council. The payments will go directly to benefit Council Lady
Henley. Mr. Frosts understands that this may be "legal " but feels it is wirong. June 26, 2012
-50-
Itein -V-I.2
PUBLIC HEARING
ITEM #61977(Continued)
RickKowalewith, 22916`* Street, Phone: 831-6143, spoke in OPPOSITION. Mr. Kowalewith agrees that
Cor,cncil Lady Henley should not be treated any different but stated he is opposed to her enrolling in the
ARP while she is a City Council Member.
Diana Howard, 1057 Debaca Court, Phone: 721-5128, spoke in OPPOSITION, stating she has a
problem with the constant assault. Ms. Howard encourages City Council to save money and deny this
ARP Application. Ms. Howard suggests that Council Lady Henley preser-ve her farmland to stipulate her
wishes in her Will.
Marlayne Castelluzzo, 5189 Stratford Drive, Phone: 474-4346, spoke in OPPOSITION. Ms. Castelluzzo
has the utmost respect for Council Lady Henley on a personal level but does not feel she should enroll in
the program while she is a City Council Member. Ms. Castelluzzo believes just because this may be
"legal ", she does not feel it is right.
Mayor Sessoms CLOSED THE PUBLIC HEARING.
June 26, 2012
-51-
Iteni -V-7.2
PUBLIC COMMENT
ITEM #61978
Mayor Sessoms DECLARED PUBLIC COMMENT:
OCEANFRONT RESORT DISTRICT FORM-BASED CODE
The following individuals registered to speak:
Captain Geis stated Oceana, in conjunction with the Navy Region Mid-Atlantic and Virginia Beach's
Planning Staff, have worked closely in developing a mutual understanding ofpotential density under the
Form Based Code. Pursuant to the curYent Memorandum of Understanding between the Navy and
ViYginia Beach, the Navy will not object to any proposed development in the Resort Tourist Districts as
long as the height does not negatively impact the aircraft encroachment on NAS Oceana. The density
metrics, incorporated in the Form Based Code, will reduce the cumulative density and current maximum
potential density in accordance with the Memorandum of Understanding. As such, the Navy has no
objection to the Form Based Code.
Barbara Yates, representing Old Beach Neighborhood, spoke in OPPOSITION. Ms. Yates is the Past
President of the Resort Beach Civic League, a former officer of the Virginia Beach Hotel Motel
Association, served on the Resort Leadership Council, various Resort Advisory Committees and currently
serves on the Old Beach Design Review Committee. She requests that either defer the adoption of the
Form Based Code until there are funded traffic circulation and parking plans for the entire Resort
protecting the neighborhoods or include implementation plans with the adoption of Form Based Code
specifically protecting Old Beach, Lakewood and Pinewood from Resort traffic and parking intrusions.
Kate Bull, President of Atlantic Place Condo Association, spoke in OPPOSITION. Ms. Bull stated the
residents endure constant negative impact from the 25"' Street parking lot traffic. Without the cul de sac
being included in the Form Based Code the Association is adamantly opposed to the inclusion of the 25"'
Street Parking Lot proposal. They are asking that the 25"' Street cul de sac and the "residential only
parking " for Old Beach be implemented along with Form Based Code.
Barbara Clark, President of the Resort Beach Civic League, Vice President of the 2"d Police PYecinct
Citizens Advisory Committee, has served on numerous committees to protect and improve Resort
neighborhoods for over ten (10) years. Please support the Resort neighborhoods and defer the adoption
of Form Based Code until it includes real solutions to some of the negative impacts of Resort activities.
Resident only parking, cul de sac of the 400 Block of 1e Street, traffic calming on Artic between 17`h and
14`h Streets and reexamination of proposed protections from Form Based Code lots that are adjacent to
residential zoning are a must.
Rick Kowalewitch, 229 16`h Street, Phone: 831-6143, spoke in OPPOSITION. Mr. Kowalewitch is a
business owner of thirty (30) years, 28 years at the Oceanfront. Mr. Kowalewitch's two issues at the
Resort Area are parking and crime and should be addressed before Form Based Code is considered.
Diana Howard, 1057 Debaca Court, Phone: 721-5128, spoke in OPPOSITION. Ms. Howard stated this
Plan reduces the amount of beach access and increases developrrient without additional parking. Parking
is already an issue at the Resort Area and, without increasing parking, the traffic will only get worse.
June 26, 2012
-52-
Item -V-I.2
PUBLIC COMMENT
ITEM #61978(Continued)
Bob Miller, representing Virginia Beach Vision, spoke in SUPPORT. Mr. Miller agrees that parking
issues have to be dealt with and supports strong neighborhoods. Form Based Code took input from a
great number of resources and believes this is a step forward. Parking strategies need to be implemented
and Virginia Beach needs to continue moving towards the future.
Bill Gambrell, 6304 Atlantic Avenue, spoke in SUPPORT. Mr. Gambrell owns several businesses at the
Resort Area and agrees parking is a challenge; however, Form Based Code is going to do really great
things at the Resort Area.
Mayor Sessoms CLOSED THE PUBLIC HEARING.
June 26, 2012
-53-
ADOPTAGENDA
FOR FORMAL SESSION ITEM #6I979
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
June 26, 2012
-54-
Item -V-K
ORDINANCES/RESOL UTIONS ITEM #61980
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, IN ONE
MOTION, Items 1 a/b/c/d?e, 2b/c% 3, 4, S, 6, 7 and 8a/b.
Councilmen DeSteph and Moss stated a verbal NAY vote on Item #2(e)
Voting: 11-0 (By Consent)
Council Members Poting 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
June 26, 2012
-55-
Item -V-K.la1b/c/d?e
OIZDINANCES/RESOL UTIONS ITEM #61981
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Ordinances to AMEND the City Code:
a. Section 16-41 re removal, storage and sale of certain
unattended vehicles
b. Section 5-524 re dangerous dog registration procedures
c. APPROPRIATE $1,470 to the Police Department from
Dangerous Dog Registration Fees in accordance with
Virginia Code Section 3.2-6540(L), As Amended
d. ADD Section 27-8 re territorial limits of the City's law
enforcement jurisdiction
e. REPEAL Sections 38-2 and 38-2.1 of the City Code re
fees for concealed weapon permits
Yoting: I1-0 (By Consent)
Council Members Tjoting 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
June 26, 2012
1 AN ORDINANCE TO AMEND SECTION 16-41 OF THE
2 CITY CODE PERTAINING TO REMOVAL, STORAGE AND
3 SALE OF CERTAIN UNATTENDED VEHICLES
4
5 SECTION AMENDED: § 16-41
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9
10 That Section 16-41 is hereby amended and reordained to read as follows:
11 Sec. 16-41. - Removal, storage and sale of certain unattended vehicles-
12 Generally.
13 (a) Any law enforcement officer or other uniformed employee of the police department
14 as authorized bv the Chief of Police or designee may have removed for safekeeping
15 any motor vehicle, trailer, semitrailer or part or combination thereof if:
16 (1) It is left unattended or has been involved in an accident on a public highway or
17 other public property and impedes the flow of traffic;
18 (2) It is illegally parked;
19 (3) It is left unattended for more than ten (10) days either on public property or on
20 private property without the permission of the property owner, lessor or occupant;
21 (4) It is immobilized on a public highway by weather conditions or other
22 emergency situation;
23 (5) It is left abandoned on a public highway or other public property. For the
24 purposes of this section, it shall be presumed that a vehicle or part thereof is
25 abandoned if (a) it lacks either a current license plate, or a current county, city or
26 town license decal, or a valid state safety inspection decal; and (b) it has been in a
27 specific location for four (4) days without being moved; or.-
28 (6) It is designated for removal by the code enforcement administrator as provided
29 by Section 16-40(e).
30 (b) No vehicle shall be moved from private property under the provisions of subsection
31 (a)(3) of this section without the written request of the owner, lessee or occupant
32 thereof. Further, the person at whose request a motor vehicle, trailer or semitrailer is
33 removed from privately owned property pursuant to this section shall indemnify the city
34 against any loss or expense incurred by reason of the removal, storage or sale.
35 (c) Each removal under this Section or Section 16-40 shall be reported immediately to
36 the Chief of Police, who shall give notice to the owner of the motor vehicle, trailer or
37 semitrailer and to the department of motor vehicles as promptly as possible. The owner
38 of such vehicle, trailer or semitrailer, before obtaining possession thereof, shall pay to
39 the city all reasonable costs incidental to the removal, storage and locating the owner of
40 the vehicle, trailer or semitrailer. Should such owner fail or refuse to pay the costs or
41 should the identity or whereabouts of such owner be unknown and unascertainable,
42 after a diligent search has been made and after notice to him at his last known address
43 and to the holder of any lien of record in the office of the Department of Motor Vehicles
44 in Virginia against the motor vehicle, trailer or semitrailer, the chief of police may, after
45 holding the motor vehicle, trailer or semitrailer twenty (20) days and after due notice of
46 sale, dispose of the same at public sale and the proceeds from the sale shall be
47 forwarded by the chief of police to the city treasurer.
48 (d) If no claim has been made by the owner for the proceeds of a sale under this
49 Section, the remaining funds may be deposited to the general fund or any special fund
50 of the city. Any such owner shall be entitled to apply to the city within three (3) years
51 from the date of such sale, and if timely application is made therefor, the city shall pay
52 the same to the owner, without interest or other charges. No claim shall be made nor
53 shall any suit, action or proceeding be instituted for the recovery of such funds after
54 three (3) years from the date of such sale.
55 (e) Notwithstanding the foregoing provisions, any abandoned vehicle which is
56 inoperable and whose fair market value is determined to be less than the cost of its
57 restoration to an operable condition, may be disposed of to a demolisher, without title
58 and without notification procedures, by the city or by the person on whose property or in
59 whose possession the vehicle is found. The demolisher, on taking custody of the
60 inoperable abandoned vehicle shall notify the department as provided by Code of
61 Virginia, § 46.2-1205.
62 (fl Any personal property found in any unattended or abandoned motor vehicle, trailer
63 or semitrailer may be sold incident to the sale of such vehicle pursuant to this section.
64 (g) In enforcing this section the police department shall not utilize any tow truck service
65 which is not in full compliance with the requirements of article IV of chapter 21
66 (h) The chief of police is authorized to adopt, with the approval of the city manager,
67 additional requirements for towing services related to the safety and convenience of
68 persons whose vehicles are towed in accordance with this section.
This ordinance shall be effective July 1, 2012.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 26th
day of June , 2012.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Police Department qitvy '
s ffi
CA12306/R-2/June 14, 2012
1 AN ORDINANCE TO AMEND SECTION 5-524
2 OF THE CITY CODE PERTAINING TO
3 DANGEROUS DOG REGISTRATION
4 PROCEDURES
5
6 SECTION AMENDED: § 5-524
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10
11 That Section 5-524 of the Code of the City of Virginia Beach, Virginia, is hereby
12 amended and reordained to read as follows:
13 Sec. 5-524. - Registration procedures.
14 (a) The owner of any animal found to be a dangerous dog shall, within f°8) f°rtv_
15 five 45 days of such finding, obtain a dangerous dog registration certificate from the
16 bureau of animal control for a fee of one hundred and fifty dollars ($150.00), in addition
17 to other fees that may be authorized by law. The bureau of animal control shall also
18 provide the owner with a uniformly designed tag that identifies the animal as a
19 dangerous dog. The owner shall affix the tag to the animal's collar and ensure that the
20 animal wears the collar and tag at all times. By January 31 of each year, until such time
21 as the dangerous dog is deceased, ,4all certificates obtained pursuant to this subsection
22 shall be updated and renewed for R"e s;; ,e a fee of eighty-five dollars ($85.00)
23 and in the same manner as the initial certificate was obtained. The animal control officer
24 shall
25 post reaistration information on the Virainia
26 Dangerous Doq Regist
27 (b) All dangerous dog registration certificates or renewals thereof required to be
28 obtained under this section shall only be issued to persons eighteen (18) years of age
29 or older who present satisfactory evidence: (i) of the animal's current rabies vaccination,
30 if applicable; (ii) that the animal has been neutered or spayed; and (iii) that the animal is
31 and will be confined in a proper enclosure or is and will be confined inside the owner's
32 residence or is and will be muzzled and confined in the owner's fenced-in yard until the
33 proper enclosure is constructed. In addition, owners who apply for certificates or
34 renewals thereof under this section shall not be issued a certificate or renewal thereof
35 unless they present satisfactory evidence that: (i) their residence is and will continue to
36 be posted with clearly visible signs warning both minors and adults of the presence of a
37 dangerous dog on the property; and (ii) the animal has been permanently identified by
38 means of a tattoo on the inside thigh or by electronic implantation. All certificates or
39 renewals thereof required to be obtained under this section shall only be issued to
40 persons who present satisfactory evidence that the owner has liability insurance
41 coverage, of at least one hundred thousand dollars ($100,000.00), that covers animal
42 bites. The owner may obtain and maintain a bond in surety, in lieu of liability insurance,
43 to the value of at least one hundred thousand dollars ($100,000.00).
44 (c)
45 ,
46 . , .
47 The owner shall alse cause the Bureau of Animal Control to be promptly notified of: (i)
48 the names, addresses, and telephone numbers of all owners; (ii) all of the means
49 necessary to locate the owner and the dog at any time; (iii) any complaints or incidents
50 of attack by the dog upon any person or cat or dog; (iv) any claims made or lawsuits
51 brought as a result of any attack; (v) tattoo or chip identification information or both; (vi)
52 proof of insurance or surety bond; and (vii) the death of the dog.
53 (d) All fees collected pursuant to this section, less the costs incurred for producing
54 and distributinq the certificates and taqs, and less the fees due to the State Veterinarian
55 for maintenance of the Virqinia Dangerous Doq Registry, shall be paid into a fund for
56 the purpose of pavinq the expenses of trainina courses reauired under Code of Virainia
57 § 3.2-6556.
58 This ordinance shall become effective on July 1, 2012.
Ado?pted by the City Council of the City of Virginia Beach, Virginia, on this 26th
day of une , 2012.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Police Department City rney's ic
APPROVED AS TO CONTENT:
4ed? . CWVK:--
4
Ma"hagement Services
CA12305
R-2
June 14, 2012
1
2
3
4
5
6
7
8
9
10
11
12
AN ORDINANCE TO APPROPRIATE FUNDS TO THE
OPERATING BUDGET OF THE POLICE DEPARTMENT
RESULTING FROM DANGEROUS DOG REGISTRATION
FEES
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, THAT:
$1,470 is hereby appropriated, with estimated local revenues increased
accordingly, to the FY 2013 Operating Budget of the Police Department from dangerous
dog registration fees and such funds shall be used in accordance with Virginia Code §
3.2-6540(L), as amended.
Adopted by the Council of the City of Virginia Beach, Virginia, on the26th day
of June , 2012.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT
` - - (?W
Ma agement Services
APPROVED AS TO LEGAL SUFFICIENCY:
CA12314
R-1
June 15, 2012
1 AN ORDINANCE TO ADD SECTION 27-8 TO
2 THE CITY CODE PERTAINING TO CITY'S
3 LAW ENFORCEMENT JURISDICTION
4
5 SECTION ADDED: § 27-8
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9
10 That Section 27-8 is hereby added to the Code of the City of Virginia Beach,
11 Virginia, and ordained to read as follows:
12
13 Sec 27-8. - Law enforcement iurisdiction.
14
15 Pursuant to Code of Virainia § 15.2-1725.1, for purposes of public safetv
16 requlatory authority and enforcement, the territorial limits of the City extends from its
17 costal shoreline, the coastal shorelines of Camp Pendleton, the coastal shorelines of
18 First Landinq State Park, and the coastal shorelines of False Cape State Park in a
19 perpendicular direction for three miles into the Atlantic Ocean and Chesapeake Bav
20 waters. This territorial iurisdiction is concurrent with the iurisdiction of the
21 Commonwealth, but this authoritv does not extend to the requlatory authority of the
22 Virqinia Marine Resources Commission.
23 This ordinance shall become effective on July 1, 1012.
Adopted by the City Council of the City of Virginia Beach, Virginia; on this 26th
day of June , 2012.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
?? ('
Police Department
.
?
City Attorney's Office
CA12307
R-2
June 7, 2012
1 AN ORDINANCE TO REPEAL SECTIONS 38-
2 2 AND 38-2.1 OF THE CITY CODE
3 PERTAINING TO FEES FOR CONCEALED
4 WEAPON PERMITS
5
6 SECTIONS REPEALED: § 38-2 AND 38-2.1
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10
11 That Sections 38-2 and 38-2.1 of the Code of the City of Virginia Beach, Virginia,
12 are hereby repealed:
13 SeG. 38 .
14 wea-penw
15
16 .
17 VqFg*Rwa,
18 . .
19 Szs. 38--2.1: r:?.9 ? .,??.. Mj? PAN??iT .•Ce?C? .,+me ;:
? 7 ??
20 . . ,
21
22 the ' .
23
24 .
This ordinance shall become effective on July 1, 2012.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 26th
day of June , 2012.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
? TL ? ?v_ r> /--f • / r ?i?,. o ?
Police Department City A ney's 'ce
CA12304
R-2
June 13, 2012
-56-
Item -V-K.2a
ORDINANCES/RESOL UTIONS ITEM #61982
Upon motion by Vice Mayor Jones, seconded by Councilman Davis, City Council ADOPTED, Ordinance
to A UTHORIZE:
a. Acquisition of Agricultural Land Preservation (A)P)
Easements in the amount of $1,107,904 to Grandy
Winston Henley and Henley Farm, L.P. at 3484
Chariry Neck and 3489 Muddy Creek Roads
Voting: 7-2
Council Members Voting Aye.
Glenn R. Davis, Harry E. Diezel, Vice Mayor Louis R. Jones, Mayor
William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L.
Wood
Council Members Voting Nay:
Robert M. Dyer and John D. Moss
Council Members Absent:
None
Council Members Abstaining:
William R"Bill " DeSteph and Barbara M. Henley
June 26, 2012
1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN
2 AGRICULTURAL LAND PRESERVATION EASEMENT AND
3 THE ISSUANCE BY THE CITY OF ITS CONTRACT
4 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF
5 $1,107,904. (PROPERTY OF GRANDY WINSTON HENLEY
6 AND HENLEY FARM, L.P.)
7
8 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the
9 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been
10 presented to the City Council a request for approval of an Installment Purchase Agreement
11 (the form and standard provisions of which have been previously approved by the City
12 Council, a summary of the material terms of which is hereto attached, and a true copy of
13 which is on file in the City Attorney's Office) for the acquisition of the Development Rights
14 (as defined in the Installment Purchase Agreement) on certain property located in the City
15 and more fully described in Exhibit B of the Installment Purchase Agreement for a
16 purchase price of $1,107,904; and
17
18 WHEREAS, the aforesaid Development Rights shall be acquired through the
19 acquisition of a perpetual agricultural land preservation easement, as defined in, and in
20 compliance with, the requirements of the Ordinance; and
21
22 WHEREAS, the City Council has reviewed the proposed terms and conditions of the
23 purchase as evidenced by the Installment Purchase Agreement;
24
25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
26 VIRGINIA BEACH, VIRGINIA:
27
28 1. The City Council hereby determines and finds that the proposed terms and
29 conditions of the purchase of the Development Rights pursuant to the Installment Purchase
30 Agreement, including the purchase price and manner of payment, are fair and reasonable
31 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee
32 is hereby authorized to approve, upon or before the execution and delivery of the
33 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal
34 balance of the purchase price set forth hereinabove as the greater of 2.1100% per annum
35 or the per annum rate which is equal to the yield on United States Treasury STRIPS
36 purchased by the City to fund such unpaid principal balance; provided, however, that such
37 rate of interest shall not exceed 5.1100% unless the approval of the City Council by
38 resolution duly adopted is first obtained.
39
40 2. The City Council hereby further determines that funding is available for the
41 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on
42 the terms and conditions set forth therein.
43
44 3. The City Council hereby expressly approves the Installment Purchase
45 Agreement and, subject to the determination of the City Attorney that there are no defects
46 in title to the property or other restrictions or encumbrances thereon which may, in the
47 opinion of the City Attorney, adversely affect the City's interests, authorizes the City
48 Manager or his designee to execute and deliver the Installment Purchase Agreement in
49 substantially the same form and substance as approved hereby with such minor
50 modifications, insertions, completions or omissions which do not materially alter the
51 purchase price or manner of payment, as the City Manager or his designee shall approve.
52 The City Council further directs the City Clerk to affix the seal of the City to, and attest
53 same on, the Installment Purchase Agreement. The City Council expressly authorizes the
54 incurrence of the indebtedness represented by the issuance and delivery of the Installment
55 Purchase Agreement.
56
57 4. The City Council hereby elects to issue the indebtedness under the Charter
58 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes
59 the indebtedness a contractual obligation bearing the full faith and credit of the City.
60
61 Adoption requires an affirmative vote of a majority of all members of the City
62 Council.
63 26th
64 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of
65 June , 2012.
CA12167
\\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\Wpdocs\D007\P014\00022808. DOC
R-1
DATE: June 12, 2012
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
P-??
Agriculture Department
1 4
61?, 0
City Attorney's O ce
CERTIFIED AS TO AVAILABILITY OF FUNDS:
19922 cl?-A Z2914A /)r-1 a
Director o inance
2
AGRICULTURAL RESERVE PROGRAM
INSTALLMENT PURCHASE AGREEMENT NO. 2011-121
SUMMARY OF MATERIAL TERMS
SELLER: HENLEY, GRANDY WINSTON and HENLEY FARM, L.P.
PROPERTY LOCATION: 3484 Charity Neck Road and 3489 Muddy Creek Road, Princess
Anne District
PURCHASE PRICE: $1,107,904
EASEMENT AREA: 98.92 acres, more or less
DEVELOPMENT POTENTIAL: 4 single-family dwelling sites (4 acquired)
DURATION: Perpetual
INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase
price, but not less than 2.1100% (actual rate to be determined when STRIPS are purchased prior
to execution of IPA). Rate may not exceed 5.1100% without approval of City Council.
TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from
IPA date
RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate
Settlement Transfer) for one (1) year following execution and delivery of IPA.
?
4-J
?
W
CL
0 V)
L. ^ '
? V?
L.
? U
J ?
? N
E ?
L. 00
Ca M
I..L I
4? ca
- O
? re
= V
cz a)
z
a? ?
a? c-
= U
?
-57-
Ite»z -V-K.2b/c
ORDINANCES/RESOL UTIONS ITEM #61983
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council ADOPTED, BY
CONSENT, Ordinances to AUTHORIZE:
b. The City Manager to EXECUTE a lease with
Yetshouse, Incorporated at 200 North Oceana
Boulevard
c. The City Manager to EXECUTE a Police Mutual Aid
Agreement with the Cities of Chesapeake, Franklin,
Hampton, Newport News, Norfolk, Poquoson,
Portsmouth, Suffolk, Virginia Beach, Williamsburg and
the Counties of James City, Accomack, GloucesCer, Isle
of Wight, Northampton, York and the Towns of
Smithfield and Windsor
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 Yoting Nay:
None
Council Members Absent:
None
June 26, 2012
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO EXECUTE A LEASE FOR FiVE
3 YEARS OR LESS WITH VETSHOUSE,
4 INCORPORATED FOR THE USE OF LAND AND A
5 2,088 SQUARE FOOT (APPROX.) CITY-OWNED
6 RESIDENCE LOCATED AT 200 N. OCEANA BLVD.
7
8 WHEREAS, the City of Virginia Beach (the "City") is the owner of that
9 certain parcel of land and 2,088 square foot residence located at 200 N. Oceana
10 Blvd and shown on Exhibit A attached hereto (the "Property");
ll
12 WHEREAS, the City adopted Ordinance 2998A on August 28, 2007 to
13 lease the Property to Vetshouse Incorporated ("Vetshouse") for a period of five
14 years and said lease expires on August 31, 2012;
15
16 WHEREAS, Vetshouse has requested to lease the Property for $1.00 per
17 year and will perform all required maintenance;
18
19 WHEREAS, Vetshouse would like to enter into a formal lease
20 arrangement with the City for the Property pursuant to the Summary of Terms
21 attached hereto;
22
23 WHEREAS, the Property will be utilized for temporary housing and life-
24 skills training for homeless veterans and for no other purpose.
25
26 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
27 OF VIRGINIA BEACH, VIRGINIA:
28
29 That the City Manager is hereby authorized to execute a lease for a term
30 of five years or less, between Vetshouse, Incorporated and the City, for the
31 Property in accordance with the Summary of Terms attached hereto and made a
32 part hereof, and such other terms, conditions or modifications as may be
33 acceptable to the City Manager and a form deemed satisfactory by the City
34 Attorney.
35
36 Adopted by the Council of the City of Virginia Beach, Virginia on the 26th ?
37 day of June , 2012.
APPROVED AS TO LEGAL APPROVED AS TO CONTENT
SUFFICIENCY AND FORM
Ci A ney PW/Faci ies Manag ent
C41 2160
5/7/12
R-1
\\vbgov.com\dfs 1 \applications\citylawprod\cycom32\wpdocs\d011 \p013\00019274.doc
Exhibit A
Property to be Leased to Vetshouse
200 N. Oceana Blvd
r --
Page 1 of 1
EXHIBIT B
SUMMARY OF TERMS
LESSOR: City of Virginia Beach
LESSEE: Vetshouse, Incorporated
PREMISES: Approximately 2,088 square foot residence located at 200 N.
Oceana Boulevard and approximately 18,675 sq. ft. of land.
TERM: September 1, 2012, through August 31, 2013, with 4 one-year
renewal options
RENT: $1.00 per year
RIGHTS AND RESPONSIBILITIES OF LESSEE:
• Will use the Premises for a Vetshouse residential facility and for no other
purpose.
• At no time shall more than 4 people reside in the dwelling unit.
• Lessee shall not modify the Premises without prior approval from City.
• Will keep, repair, and maintain the Premises at its expense.
• Will maintain commercial general liability insurance coverage with policy
limits of not less than one million dollars ($1,000,000) combined single
limits per occurrence. Lessee shall provide a certificate evidencing the
existence of such insurance.
• Will comply with all applicable laws, ordinances, and regulations in the
performance of its obligations under the Lease.
TERMINATION: The City may terminate the Lease at any time without cause
with thirty (30) days' written notice.
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
AN ORDINANCE AUTHORIZING AND DIRECTING THE
CITY MANAGER TO EXECUTE A POLICE MUTUAL AID
AGREEMENT WITH THE CITIES OF CHESAPEAKE,
FRANKLIN, HAMPTON, NEWPORT NEWS, NORFOLK,
POQUOSON, PORTSMOUTH, SUFFOLK, VIRGINIA
BEACH, WILLIAMSBURG, AND THE COUNTIES OF
JAMES CITY, ACCOMACK, GLOUCESTER, ISLE OF
WIGHT, NORTHAMPTON, YORK, AND THE TOWNS OF
SMITHFIELD and WINDSOR
WHEREAS, Virginia law authorized local governments to enter into reciprocal
agreements for mutual aid and for cooperation in the furnishing of police services; and
WHEREAS, it is deemed mutually beneficial to the Cities of Chesapeake,
Franklin, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia
Beach, Williamsburg, and the Counties of James City, Accomack, Gloucester, Isle of
Wight, Northampton, York, and the Towns of Smithfield and Windsor to enter into an
agreement concerning mutual aid and cooperation with regard to law enforcement,
increasing the ability of the local governments to promote the safety and welfare of the
entire area.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the accompanying Police Mutual Aid Agreement is approved and that the
City Manager be directed to execute said Agreement on behalf of the City of Virginia
Beach.
Adopted by the council of the City of Virginia Beach, Virginia, on the 26th day
of June , 2012.
APPROVED AS TO CONTENT:
olice Department
AP OVED AS CONTENT:
4k 1- ? Xk Management
APPROVED AS TO LEGAL SUFFICIENCY:
City Atty's Offic
CA12296
R-1/June 7, 2012
SUMMARY OF TERMS
1. Event - an incident requiring a law enforcement response that exceeds the
equipment and/or personnel resources of the member's Police Department.
2. Mutual Aid Agreement - An agreement between eighteen (18) localities to
provide emergency services in the event an incident occurs that requires resources
beyond those of the reguesting locality's law enforcement department. The
Agreement also provides arrest authority for officers responding to the requesting
jurisdiction's locality, and allows arrest authority for officers present in another's
jurisdiction in the event of an immediate threat to public safety.
3. Nature - Outlines the procedures of the City of Virginia Beach to provide and
receive law enfarcement manpower and equipment, if available, in an effort to
effectively respond to emergency incidents.
4. Term - This Agreement is effective upon execution, and may be terminated
without cause upon thirty (30) days written notice by either party. This
Agreement mirrors and will rescind the 2009 Agreement upon execution.
5. Insurance - Insurance requirement are met through the City of Virginia Beach's
self-insurance program administered by Risk Management.
LAW ENFORCEMENT MUTtiAL AID AGREEMENT
THIS AGREEMENT, made this 1 st day of June, 2009, by and among the Cities of
CHESAPEAKE, FRANKLIN, HAMPTON, NEWPORT NEWS, NORFOLK, POQUOSON,
PORTSMOUTH, SUFFOLK, VIRGINIA BEACH and WILLIAMSBURG, each a municipal
corporation of the Commonwealth of Virginia; the County of JAMES CITY, a political subdivision
of the Commonwealth of Virginia; the Sheriff of the County of ACCOMACK; the Sheriff of the
County of GLOUCESTER; the Sheriff of the County of ISLE OF WIGHT; the Sheriff of the County
of NORTHAMPTON; the Sheriff of the County of YORK; the Town of SMITHFIELD; and the Town
of WINDSOR.
WHEREAS, Virginia law authorizes local governments and Sheriffs, in counties where no
police departinent has been established, to enter into reciprocal agreements for mutual aid and for
cooperation in the furnishing of law enforcement services; and
WHEREAS, the twelve local governments and the Sheriffs of the Counties of Accomack,
Gloucester, Isle of Wight, Northampton and York have determined that the provision of law
enforcement aid across jurisdictional lines will increase their ability to preserve the safety and
welfare of the entire area; and
WHEREAS, it is deemed to be mutually beneficial to the parties hereto to enter into an
agreement concerning mutual aid and cooperation with regard to law enforcement; and
WHEREAS, the parties hereto desire that the terms and conditions of this Law F,nforcement
Mutual Aid Agreement be established.
NOW, THEREFORE, in consideration of the mutual benefits to be derived from a Law
Enforcement Mutual Aid agreement, the parties hereto covenant and agree as follows;
1. Each party will endeavor to provide law enforcement support to the other parties to
this Agreement within the capabilities available at the time the request for such
support is made and within the terms of this Agreement.
2. Requests for assistance pursuant to the terms and conditions of this Agreement shall
be made by the requesting jurisdiction's Chief of Police or Sheriff, whichever is
applicable, or their respective designee.
3. The requesting party shall be responsible for designating a radio communications
system for use by the requested party.
4. The personnel of the requested party shall render such assistance under the direction
of the Chief of Police or Sheriff of the requesting party, or their respective designee.
5. Law enforcement support provided pursuant to this Agreement shall include, but not
be limited to, the following resources: uniformed officers, canine officers, aerial
support when maintained, forensic support, plainclothes officers, special operations
personnel and related equipment. All law enforcement officers and personnel shall
be duly trained and currently certified for the position provided.
6. Subject to the termsof this Agreement, and without limiting in any way the other
circumstances or conditions in which mutual aid may be requested and provided
under this Agreement, the parties hereto agree to provide assistance to the requesting
party in situations requiring the mass processing of arrestees and transportation of
arrestees. The parties to the Agreement further agree to assist the requesting party
with security and operation of temporary detention facilities.
Nothing contained in this Agreement should in any manner be construed to compel
2
any of the parties hereto to respond to a request for law enforcement support when
the personnel of the party to whom the request is made are, in the opinion of the
requested party, needed or are being used within the boundaries of that party, nor
shall any request compel the requested party to continue to provide law enforcement
support to another party when its personnel or equipment, in the opinion of the
requested party, are needed for other duties within the boundaries of its own
jurisdiction.
In those situations not involving the provision of mutual aid upon request, law
enforcement officers and personnel, and other employees of any city, county, town
or Sheriff hereunder, may also enter any other jurisdiction in furtherance of law
enforcement purposes, concerning any offense in which the entering law enfarcement
agency may have a valid interest; provided, that the entering persorulel shall, as soon
as practical, make such presence known to the Chief of Police or Sheriff of the
entered jurisdiction, or his designated representative.
9. The responsibility for investigation and subsequent actions concerning any criminal
offense shall remain with the law enforcement agency of the locality whose court has
original jurisdiction over the offense. Entering law enforcement personnel shall
promptly notify the law enforcement agency of the entered locality upon discovery
of a crime over which the court of the entered locality has ariginal jurisdiction.
10. Officers acting pursuant to this Agreement shall be granted authority to enforce the
laws of the Commonwealth of Virginia and to perform the other duties of a law
enforcement officer; such authority shall be in conformance with §§ 15.2-1724; 15.2-
3
1726; 15.2-1730; 15.2-1730.1 and 15.2-1736 of the Code of Virginia, as amended.
Law enforcement officers of any party who might be casually present in any other
j urisdiction shall have power to apprehend and make arrests only in such instances
wherein an apparent, immediate threat to public safety precludes the option of
deferring action to the local law enforcement agency.
11. All law enforcement officers, agents and other employees of the parties to this
Agreement who are acting pursuant to this Agreement shall have the same powers,
rights, benefits, privileges and immunities in each other's jurisdiction, including the
authority to make arrests in each other's jurisdiction.
12. The services performed and expenditures made under this Agreement shall be
deemed to be for public and governmental purposes and all immunities from liability
enjoyed by the parties within their boundaries shall extend to their participation in
rendering assistance outside their boundaries pursuant to this Agreement. It is
understood that for the purposes of this Agreement, the responding party is rendering
aid once it has entered the jurisdictional boundaries of the party requesting assistance.
13. All pension, relief, disability, worker's compensation, life and health insurance and
other benefits enjoyed by said law enforcement officers or personnel as employees
of their respective jurisdictions shall extend to the services they perform under this
Agreement outside their respective jurisdictions. Each party agrees that the provision
of these benefits shall remain the responsibility of the employing party.
14. Each party agrees that, in activities involving the rendering of assistance to another
party pursuant to this Agreement, each party shall waive any and all claims against
4
all other parties hereto which may arise out of their activities outside their respective
jurisdiction.
15. The parties shall not be liable to each other for reimbursement for injuries to law
enforcement officers or personnel, or damage to equipment incurred when going to
or returning from another jurisdiction, except to the extent that reimbursement for
such expenses may be or is received from the Federal Emergency Management
Agency (FEMA) or another governmental agency. Neither shall the parties be liable
to each other any other costs associated with, or arising out of, the rendering of
assistant pursuant to this Agreement, except to the extent that reimbursement for such
expenses may be or is received from FEMA or another governmental agency.
16. This Agreement rescinds and supersedes all previous written agreements and oral
understandings relating to the provision of mutual law enforcement services between
the parties.
17. Any of the parties hereto may withdraw from this Agreement by giving thirty (30)
days written notice to that effect to the other parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their respective city manager, county administrator, town manager or Sheriff; the official seal of each
city, county and town affixed hereto and attested by their respective city, county or town clerk, and
indicating thereafter the ordinance or resolution authorizing the execution. Sheriffs may attest by
Notary Public.
CITY OF VIRGINIA BEACH
BY:
City Manager
ATTEST:
City Clerk
Resolution/Ordinance #:
Adopted On:
6
-58-
Item -V-K.2d
ORDINANCES/RESOL UTIONS ITEM #6I984
Upon motion by Councilman Wood, seconded by Councilman Dyer, Ciry Council DEFERRED
INDEFINA TEL Y, Ordinance to AUTHORIZE:
d. Reimbursement of employee's legal fees and expenses
incurred in the successful defense of a charge arising
from the discharge of official duties
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
June 26, 2012
-59-
Iteni -V-K.2e
ORDINANCES/RESOL UTIONS ITEM #61985
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council ADOPTED, BY
CONSENT, OYdinance to AUTHORIZE:
e. Acquisition of 104 North Witchduck Road for
Witchduck Road Phase II and other municipal purposes-
Voting: 9-2 (By Consent)
Cvuncil Members TTOting Aye.
Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley,
Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E.
Uhrin, Rosemary Wilson and James L. Wood
Council Members Yoting Verbal Nay:
William R. "Bill " DeSteph and John D. Moss
Council Members Absent.
None
June 26, 2012
1 ,AN ORDINANCF TO AUTHORlZE THE ACQUISITION OF
2 104 N. WITCHDUCK ROAD FOR WITCHDUCK ROAD
3 PHASE I[ AND OTHER MUNICIPAL PURPOSES .
4
5 WHEREAS, 8450 Van 'Nuys Blvd. (Virginia), LLC ("Seller") owns approximately
6 4.78 acres of real property located at 104 N. Witchduck Road, in the City of Virginia
7 Beach, Virginia (GP1N: 1467-84-4236) (the "Propertyn);
8 9 WHEREAS, Seller desires to sell the Property to the City of Virginia Beach (the
lo "Ciiy")f
11
12 WHEREAS, a portion o# the Property will be necessary for the Wftchduck Road -
13 Phase ll road project (ClP 2-025), currently planned by the City;
14 15 WHEREAS, #he remainder of the Property has been identified as a potential site
lb for the relocation of the Lighthouse Multi-Service Center, or other municipal uses as
17 may be determined by City Council in the future; and
18
19 WHEREAS, funding for the acquisition would come from both Lighthouse Multi-
20 Service Center (CIP 3-503) and Various Site Acquisitions - Phase II (CIP 3-139).
21 .
22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
23 OF VIRGINIA BEACH, VIRGINIA:
24
25 '{. That the City Council authorizes the acquisition af the Property by purchase
26 pursuant to § 15.2-1800 of the Code o# Virginia (1950), as amended, which Property is
27 identified as 104 N. Wi#chduck Road, Virginia Beach (GPIN 1467-84-4236).
28
29 2. That the Ciiy Manager, or his authorized designee, is authorized to execute
30 any and all documents necessary in connection with fihe acquisition of the Property, so
31 long as such documents are in accordance with the Sumrnary of Terms, - attached
32 hereto as Exhibit A, and made a part hereof, and such other terms and conditions
33 deemed necessary and sufficient by the City IVlanager and in a form deemed
34 satisfactory by the Ciiy Attorney.
35
36 Adopted by #he Councii of the Ci#y of Virginia Beach, Virginia, on the 2 6 t h day
37 Of June 2012
APPROVED AS TO CONTENT:
?
/
De . of Housi ' Neighborhoad
Preservation
APPROVED AS TO LEGAL
SUFFICIENCY:
?
? ?
? _
City Attorney's Office
APPROVED AS TO CONTENT:
swaa C, C7??SG?. _
P ic Works / Real Estate
CA12174
1\vbgov.com5DFS11Applications\(StyLawProdlcycom321Wpdpc55D0741P074100023673.DOC
R-1
June 15, 2012
EXHIBIT A
SUMMARY OF TERMS
ACQUISITION OF 104 N. WITCHDUCK ROAD
BUYER: City of Virginia Beach
SELLER: 8450 Van Nuys Blvd. (Virginia), LLC, a Virginia limited liability
company
PROPERTY: Approximately 4.78 acres located 104 N. Witchduck Road,
Virginia Beach, Virginia (GPIN 1467-84-4236)
PURCHASE
PRICE: $3,250,000
SPECIAL
TERMS: None
-_riffI?JI?J;3Y'L"vFtIVIFt HVC ??utv^°???r-?-..--_._? `?.? ,... ? ? ? . ,? ^''_'_„
f
, i
I
t' . . '
?
'
I
I
..
I y 1 '
t I
I
1
?
? 1
? t }
L
Q ' i t
V r?
J , ?,
,??
„?
. ? I I
? I
{ ? I I
j ? I I
' 1 I
11__...._--L _ L
5 I I
? I I
? I
5 I I
I ?
- - F' - ?
t
1 5 I ti
i ;k t I
J
?
V?
?
i
-60-
Item -V-K.3
ORDINANCES/RESOL UTIONS ITEM #61986
Upon motion by Vice Mayor Jones, seconded by Councilman DyeY, City Council ADOPTED, BY
CONSENT, Ordinance APPOINTING Viewers to serve one-year terms to view streets or alleys
proposed to be closed
Tloting: 11-0 (By Consent)
Council Mernbers Yoting 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 Yoting Nay:
None
Council Members Absent:
None
June 26, 2012
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
AN ORDINANCE APPOINTING THREE (3) VIEWERS FOR
ONE-YEAR TERMS BEGINNING JULY 1, 2012, TO VIEW
EACH STREET OR ALLEY PROPOSED TO BE CLOSED
WHEREAS, Section 33-11.2 of the City Code provides that "[t]hree (3) viewers
shall be appointed each year to serve terms of one year beginning July 1 to view each
and every street or alley proposed to be altered or vacated during the term;" and
WHEREAS, it is the desire of City Council to appoint the Directors of the
Departments of Planning, Public Works and Parks and Recreation to serve as viewers
for one-year terms, beginning July 1, 2012 and ending June 30, 2013.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the Director of Planning, Director of Public Works and Director of Parks and
Recreation of the City of Virginia Beach are each hereby appointed as a viewer to serve
a one-year term beginning July 1, 2012 and ending June 30, 2013, to view each and
every application to close a street or alley, and to report in writing their opinion of what
inconvenience, if any, would result from discontinuing the street or alley or portion
thereof.
Adopted by the Council of the City of Virginia Beach, Virginia on the 26th
day of June , 2012.
APPROVED AS TO CONTENT:
Departtent of Planni
APPROVED AS TO LEGAL
SUFFICIENCY:
i?
City Attorney's Offi
CA12303
R-1
June 6, 2012
-61-
Item -V-K.4
ORDINANCES/RESOLUTIONS ITEM #61987
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to GRANT Emergency Medical Services (EMS) permits to operate in the City of
Virginia Beach:
a. Eagle Medical Transports
b. Eastern Shore Ambulance Service
c. American Lifeline Medical Transport
d. Lifeline Ambulance Service
e. Mid-Atlantic Regional Ambulance
f. Children's Hospital of the King's Daughters
g. Special Event Providers of Emergency Medicine
h. Nightingale Regional Air Ambulance
i. Stone Ambulance Service
j. LifeEvac Virginia/air Methods
k. Medical Transport
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 Ijoting Nay:
None
Council Members Absent:
None
June 26, 2012
1 A RESOLUTION TO GRANT PERMITS ALLOWING
2 CERTAIN EMERGENCY MEDICAL SERVICES
3 AGENCIES TO OPERATE IN THE CITY OF VIRGINIA
4 BEACH
5
6 WHEREAS, pursuant to City Code Section 10.5-2, any organization that operates
7 an emergency medical services agency or any emergency medical services vehicle within
8 the City must first obtain a permit from City Council, and such permits must be renewed on
9 an annual basis; and
10
11 WHEREAS, applications for permit renewals have been received by the following
12 agencies: Eagle Medical Transports, Eastern Shore Ambulance Service, American Lifeline
13 Medical Transport, Lifeline Ambulance Service, Children's Hospital of the King's
14 Daughters, Special Event Providers of Emergency Medicine, Nightingale Regional Air
15 Ambulance, Stone Ambulance Service, LifeEvac Virginia/Air Methods, and Medical
16 Transport.; and
17
18 WHEREAS, the above-listed private ambulance agencies perform services not
19 provided by the City's volunteer rescue squads, such as non-emergency inter-facility
20 transports, which include both basic and advance life support calls.
21
22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
23 VIRGINIA BEACH;
24
25 1. That the City Council hereby grants Emergency Medical Services permits to the
26 following agencies:
27
28 Eagle Medical Transports, Eastern Shore Ambulance Service, American Lifeline
29 Medical Transport, Lifeline Ambulance Service, Mid-Atlantic Regional Ambulance,
30 Children's Hospital of the King's Daughters, Special Event Providers of Emergency
31 Medicine, Nightingale Regional AirAmbulance, Stone Ambulance Service, LifeEvac
32 Virginia/Air Methods, and Medical Transport.
33
34 2. That these permits shall be effective from July 1, 2012 until June 30, 2013.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 26 t h day
of June , 2012.
APPROVED AS TO CONTENT:
,. ?
Emer ency Medical Services
APPROVED AS TO LEGAL SUFFICIENCY:
City At ey's ffic
CA12299
R-2/June 13, 2012
-62-
Item -V-K.S
ORDINANCES/RESOL UTIONS ITEM #61988
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to CONTINUE funding the Master Deputy Program and Sheriff's Career
Development Program
Voting: I1-0 (By Consent)
Council Members Voting Aye:
Glenn R Davis, William R`Bill" DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent.•
None
Jufze 26, 2012
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
AN ORDINANCE TO CONTINUE FUNDING FOR THE
MASTER DEPUTY AND SHERIFF'S CAREER
DEVELOPMENT PROGRAM
WHEREAS, the Sheriff has requested the use of City funds from the Sheriff's
Department FY 2012-13 Operating Budget to supplant state funding reductions related
to participation in the Master Deputy Program and the Sheriff Career Development
Program; and
WHEREAS, the City Council has a City Council Policy to prevent, to the extent
possible, the shifting of financial responsibility for State, Federal, or privately funded
programs to the citizens of Virginia Beach by not supplanting those funds with local
funds, and any deviation from this policy requires Council authorization.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the Sheriff's Department is authorized to use City funds, within the FY 2012-
13 Operating Budget of the Sheriff's Office, to supplant lost State reimbursement for the
Sheriff Career Development Program salary adjustment of $11,767 and the salary
increases attributable to maintaining the Master Deputy Program at the State
Compensation Board FY 2009-10 level of 72 Master Deputy positions.
Adopted by the Council of the City of Virginia Beach, Virginia on the 26th day
of June , 2012.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Management Services Cit e' i e
CA12313
R-2
June 21, 2012
-63-
Itein -V-K.6
ORDINANCES/RESOL UTIONS ITEM #61989
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinances re the corrtpensation and VRS adjustments of the City Manager, City Attorney,
City Clerk, City Real Estate Assessor and City Auditor
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 Yoting Nay:
None
Council Members Absent.•
None
June 26, 2012
1 AN ORDINANCE PERTAINING TO THE
2 COMPENSATION OF THE CITY MANAGER
3
4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of
5 the City Council shall have their salaries and benefits determined annually by action of
6 City Council;
7
8 WHEREAS, in compliance with the requirements of state law, City Council
9 adopted an ordinance, effective as of July 1, 2012, (1) to require City employees who
10 became Virginia Retirement System ("VRS") members prior to July 1, 2010, to make
11 member contributions in an amount equal to one percent of their VRS total creditable
12 compensation; and (2) to increase those employees' VRS total creditable compensation
13 by one percent; and
14
15 WHEREAS, the VRS total creditable compensation for the City Manager includes
16 his salary as well as the value of the City's contributions to his deferred compensation
17 plan and, as set forth in his employment contract, the City-paid premiums for his family
18 medical and dentat insurance and long-term care insurance.
19
20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
21 VIRGINIA BEACH, VIRGINIA:
22
23 1. That the base annual salary of the City Manager shall remain at
24 $225,207.95; his car allowance shall remain at $12,000 annually; the City's contribution
25 to his deferred compensation plan shall remain at $20,500 annually; and, in accordance
26 with his employment contract, the City shall continue to pay the total premium for his
27 family health and dental insurance and shall pay up to $2,684 annually on behalf of the
28 City Manager for long term care insurance.
29
30 2. That, beginning July 1, 2012, as required by state law and in accordance
31 with budget ordinances adopted by City Council in May, 2012, the City Manager shall
32 pay, on a salary-reduction basis, VRS member contributions in an amount equal to one
33 percent of his VRS total creditable compensation, and his base salary as set forth in
34 paragraph 1 shall be increased in an amount equal to one percent of his VRS total
35 creditable compensation.
26th
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of June , 2012.
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's O ' e
CA12315 R-3 June 14, 2012
1 AN ORDINANCE PERTAINING TO THE
2 COMPENSATION OF THE CITY
3 ATTO RN EY
4
5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of
6 the City Council shall have their salaries and benefits determined annually by action of
7 City Council;
8
9 WHEREAS, in compliance with the requirements of state law, City Council
10 adopted an ordinance, effective as of July 1, 2012, (1) to require City employees who
11 became Virginia Retirement System ("VRS„) members prior to July 1, 2010, to make
12 member contributions in an amount equal to one percent of their VRS total creditable
13 compensation; and (2) to increase those employees' VRS total creditable compensation
14 by one percent; and
15
16 WHEREAS, the VRS total creditable compensation for the City Attorney includes
17 his salary as well as the value of the City's contributions to his deferred compensation
18 plan.
19
20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
21 VIRGINIA BEACH, VIRGINIA:
22
23 1. That the base annual salary of the City Attorney shall remain at
24 $189,625.00, and the City's contribution to his deferred compensation plan shall remain
25 at $10,000 annually.
26
27 2. That, beginning July 1, 2012, as required by state law and in accordance
28 with budget ordinances adopted by City Council in May, 2012, the City Attorney shall
29 pay, on a salary-reduction basis, VRS member contributions in an amount equal to one
30 percent of his VRS total creditable compensation, and his base salary as set forth in
31 paragraph 1 shall be increased in an amount equal to one percent of his VRS total
32 creditable compensation.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th
day of June , 2012.
APPROVED AS TO LEGAL
SUFFICIENCY:
?
City Attorney's Offic
CA12319
R-1
June 15, 2012
1 AN ORDINANCE PERTAINING TO THE
2 COMPENSATION OF THE CITY CLERK
3
4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of
5 the City Council shall have their salaries and benefits determined annually by action of
6 City Council;
7
8 WHEREAS, in compliance with the requirements of state law, City Council
9 adopted an ordinance, effective as of July 1, 2012, (1) to require City employees who
10 became Virginia Retirement System ("VRS") members prior to July 1, 2010, to make
11 member contributions in an amount equal to one percent of their VRS total creditable
12 compensation; and (2) to increase those employees' VRS total creditable compensation
13 by one percent; and
14
15 WHEREAS, the VRS total creditable compensation for the City Clerk consists of
16 only her salary.
17
18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA:
20
21 1. That the base annual salary of the City Clerk shall remain at $106,677.63,
22 and her car allowance shall remain at $10,000 annually.
23
24 2. That, beginning July 1, 2012, as required by state law and in accordance
25 with budget ordinances adopted by City Council in May, 2012, the City Clerk shall pay,
26 on a salary-reduction basis, VRS member contributions in an amount equal to one
27 percent of her base salary, and her base salary as set forth in paragraph 1 shall be
28 increased by one percent.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th
day of June , 2012.
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Offic
CA12317
R-1
June 15, 2012
1 AN ORDINANCE PERTAINING TO THE
2 COMPENSATION OF THE CITY REAL
3 ESTATE ASSESSOR
4
5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of
6 the City Council shall have their salaries and benefits determined annually by action of
7 City Council;
8
9 WHEREAS, in compliance with the requirements of state law, City Council
10 adopted an ordinance, effective as of July 1, 2012, (1) to require City employees who
11 became Virginia Retirement System ("VRS") members prior to July 1, 2010, to make
12 member contributions in an amount equal to one percent of their VRS total creditable
13 compensation; and (2) to increase those employees' VRS total creditable compensation
14 by one percent; and
15
16 WHEREAS, the VRS total creditable compensation for the City Real Estate
17 Assessor includes his salary as well as the value of the City's contributions to his
18 deferred compensation plan.
19
20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
21 VIRGINIA BEACH, VIRGINIA:
22
23 1. That the base annual salary of the City Real Estate Assessor shall remain
24 at $123,700.86 and the City's contribution to his deferred compensation plan shall
25 remain at $4,000 annually.
26
27 2. That, beginning July 1, 2012, as required by state law and in accordance
28 with budget ordinances adopted by City Council in May, 2012, the City Real Estate
29 Assessor shall pay, on a salary-reduction basis, VRS member contributions in an
30 amount equal to one percent of his VRS total creditable compensation, and his base
31 salary as set forth in paragraph 1 shall be increased in an amount equal to one percent
32 of his VRS total creditable compensation.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th
day of June , 2012.
APPROVED AS TO LEGAL
SUFFICIENCY:
? •
City Attorney's Office
CA12316
R-1 June 15, 2012
1 AN ORDINANCE PERTAINING TO
2 THE COMPENSATION OF THE CITY
3 AUDITOR
4
5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of
6 the City Council shall have their salaries and benefits determined annually by action of
7 City Council;
8
9 WHEREAS, in compliance with the requirements of state law, City Council
10 adopted an ordinance, effective as of July 1, 2012, (1) to require City employees who
11 became Virginia Retirement System ("VRS") members prior to July 1, 2010, to make
12 member contributions in an amount equal to one percent of their VRS total creditable
13 compensation; and (2) to increase those employees' VRS total creditable compensation
14 by one percent; and
15
16 WHEREAS, the VRS total creditable compensation for the City Auditor consists
17 of only his salary.
18
19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
20 VIRGINIA BEACH, VIRGINIA:
21
22 1. That the base annual salary of the City Auditor shall remain at $98,400.00,
23 and his car allowance shall remain at $6,000 annually.
24
25 2. That, beginning July 1, 2012, as required by state law and in accordance
26 with budget ordinances adopted by City Council in May, 2012, the City Auditor shall
27 pay, on a salary-reduction basis, VRS member contributions in an amount equal to one
28 percent of his base salary, and his base salary as set forth in paragraph 1 shall be
29 increased by one percent.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th
day of June , 2012.
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Office
CA12318
R-1
June 15, 2012
-64-
Iteni -V-K.7
ORDINANCES/RESOL UTIONS ITEM #61990
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council ADOPTED, BY
CONSENT, Resolution to RE ADOPT Design-Build And Construction Management procedures to
reflect actions of the 2011 General Assembly and the revised Department of General Services (DGS)
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 Yoting Nay.
None
Council Members Absent:
None
June 26, 2012
1 A RESOLUTION TO RE-ADOPT PROCEDURES FOR THE
2 SELECTION, EVALUATION, AND AWARD OF DESIGN-
3 BUILD AND CONSTRUCTION MANAGEMENT CONTRACTS
4
5 WHEREAS, pursuant to Code of Virginia ("Virginia code") § 2.2-4308, a locality may
6 employ design-build or construction management as delivery methods consistent with the
7 procedures established by the Department of General Services for construction projects on
8 a fixed price or not-to-exceed price; and
9
10 WHEREAS, the City of Virginia Beach ("City") desires to establish the necessary
11 procedures for the use of design-build or construction management contracts when
12 beneficial to the City.
13
14 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16
17 1. Design-build contract procurement method shall be a two-step competitive
18 negotiation process. The following procedures shall govern the selection, evaluation and
19 award of design-build contracts:
20
21 a. Criteria for use: Design-build contracts are intended to minimize the project risk for
22 the owner and reduce the delivery schedule by overlapping the design phase and the
23 construction phase of a project.
24
25 b. Approval for use: Prior to taking any action to pursue a design-build project, the
26 requesting department or agency shall receive the approval of the Purchasing Agent to
27 use the design-build procurement delivery method.
28
29 c. Basis of award; The award of a design-build contract shall be based on either: 1) an
30 acceptable technical proposal at the lowest fixed price, or 2) a best value determination
31 by weighted scoring of the technical proposal and the financial proposal.
32
33 d. Evaluation Committee: The City shall establish an Evaluation Committee
34 ("Committee") to be responsible for evaluating the qualifications of potential offerors of
35 design-build and reviewing proposals submitted for such services. This Committee shall
36 consist of a minimum of four (4) and a maximum of six (6) voting members. The
37 members of the Committee shall have expertise relevant to the project, with
38 backgrounds in such areas as project design, construction, finance, contract review, and
39 project management. The Committee shall be chaired by a licensed engineer or
40 architect. The membership of the Committee shall be determined by the City Engineer
41 or his designee.
42
43 e. Selection of Qualified Offerors (Step I) - Request for Qualifications (RFQ)
44
45 i.The City shall publish notice of its RFQ at least thirty (30) days, prior to the date set
46 for receipt of qualifications by posting in the Purchasing Agent's office, distributing to
47 relevant trade group using the DBME database, and in a local newspaper of general
48 circulation in the City so as to provide reasonable notice to the maximum number of
49 offerors that can be reasonably anticipated to submit qualifications in response to
50 the particular request. Additionally, qualifications may be solicited directly from
51 vendors. If practicable, the notice shall also be published in appropriate national
52 trade publications.
53
54 ii.The RFQ shall provide a description of the project, the services required by the City,
55 any unique capabilities to be required of the offeror, and the criteria to be used in
56 evaluating the potential offeror's qualifications. The RFQ shall request of potential
57 offerors only such information as is appropriate for an objective evaluation of all
58 offerors pursuant to such criteria. The RFQ shall establish procedures whereby
59 comments concerning provisions in the RFQ can be received and considered prior
60 to the time set for receipt of qualifications. All offerors shall have a licensed Class
61 "A" contractor and an Architect or Engineer registered in the Commonwealth of
62 Virginia as part of the offeror's team.
63
64 iii.The Committee shall evaluate each responding offeror's qualifications submittal and
65 any other relevant information and shall determine which offerors are fully qualified
66 and suitable for the project.
67
68 iv.The RFP evaluation shall result in a short list of two to five offerors to receive the
69 RFP. An offeror may be denied prequalification only as specified in Virginia Code §
70 2.2-4317, but the short list shall also be based upon the RFQ criteria.
71
72 v. At least thirty (30) days prior to the date established for the submission of
73 proposals, the City shall advise each offeror in writing as to whether that offeror has
74 been prequalified. In the event that an offeror is denied prequalification, the written
75 notice shall state the reasons for the denial of prequalification and the factual basis
76 for such reasons. Prequalified offerors that are not selected for the short list shall
77 likewise be provided the reasons for such decision.
78
79 f. Selection of the Desiqn-Build Contractor (Step II):
80
81 i.The City shall prepare a Request for Proposal ("RFP") that includes: 1) the
82 instructions for submitting the proposal, the criteria for evaluation, and the terms
83 and conditions of the design-build contract; 2) a narrative description of the project
84 requirements; 3) general conditions and technical specifications; 4) facility and site
85 plans as appropriate for the project. The RFP may also define such other
86 requirements as the City determines appropriate for a particular project. The RFP
87 shall include procedures whereby comments concerning specifications or other
88 provisions contained in the RFP can be received and considered prior to the time
89 set for receipt of proposals.
90
91 ii.The City shall send a RFP to the qualified design-build offerors on the short list for
92 the project and request formal proposals from them. Offerors will have at least thirty
93 (30) days to submit a proposal. Separately sealed technical and financial proposals
94 shall be submitted to the Purchasing Agent. The Purchasing Agent will provide the
95 technical proposals to the Committee and retain the financial proposals until the
96 technical review is complete.
97
98 iii.Based on criteria established in the RFP, the Committee shall evaluate each of the
99 technical proposals. As a part of the evaluation process, the Committee may grant
100 each of the offerors an equal opportunity for direct and private communication with
101 the committee. Each offeror shall be allotted the same fixed amount of time. In its
102 conversations with offerors, the Committee shall exercise care to discuss the same
103 owner information with all offerors. In addition, the Committee shall not disclose any
104 trade secret or proprietary information for which the offeror has invoked protection
105 pursuant to Virginia Code § 2.2-4342.
106
107 iv.The Committee will inform each offeror of any adjustments necessary to make its
108 technical proposal fully compliant with the requirements of the RFP. In addition, the
109 City may require that offerors make design adjustments necessary to incorporate
110 project improvements and/or additional detail information identified by the
111 Committee.
112
113 v.Based on the adjustments made to the technical proposals, the offeror may amend
114 its financial proposal. In addition, an offeror may submit cost modifications to its
115 original sealed financial proposal which are not based upon revisions to the
116 technical proposal.
117
118 vi.The Committee shall evaluate and rank (if technical rankings are to be considered
119 as a criteria for award) the technical proposals. Should the City determine in writing
120 and in its sole discretion that only one offeror is fully qualified, or that one offeror is
121 clearly more highly qualified than the others under consideration, a contract may be
122 negotiated and awarded to that offeror after approval of the Purchasing Agent.
123 Otherwise, the Purchasing Agent shall open the financial proposals and apply the
124 criteria for award as specified in the RFP.
125
126 vii.The Committee shall make its recommendation for the selection of a design builder
127 to the Purchasing Agent based on its evaluations of the technical and financial
128 proposals. The contract shall be awarded to the offeror who is fully qualified and
129 has been determined to have provided the best value in response to the RFP.
130
131 viii.The Committee will notify all offerors who submitted proposals which offeror was
132 selected for the project. The Notice of Intent to Award may be used to make this
133 notification. When the terms and conditions of multiple awards are so provided in
134 the RFP, awards may be made to more than one offeror.
135
136 ix.Upon request and in accordance with Virginia Code § 2.2-4342, documentation of
137 the process used for the final selection shall be made available to the unsuccessful
138 proposers.
139
140 2. Construction Management (CM) procurement method shall be a two-step
141 competitive negotiation process. The following procedures shall govern the selection,
142 evaluation and award of CM contracts:
143
144 a. Criteria for use of Construction Manaqement (CM): CM contracts may be approved
145 for use on projects where: 1) fast tracking of construction is needed to meet City
146 program requirements, or 2) value engineering and/or constructability analyses
147 concurrent with design are required.
148
149 b. Approval for use: Prior to taking any action to pursue a CM project, the requesting
150 department or agencies shall request the approval of the Purchasing Agent to use a CM
151 contract.
152
153 c. Basis of award: The basis of the award of the contract shall be in accordance
154 with competitive negotiation for nonprofessional services and the criteria for the award
155 shall be submitted to the Purchasing Agent, in advance, for approval. It is noted that
156 cost is a critical component of the selection process.
157
158 d. Evaluation Committee; The City shall establish an Evaluation Committee
159 ("Committee") to be responsible for evaluating the qualifications of potential offerors of
160 CM and reviewing proposals submitted for such services. This Committee shall
161 consistent of a minimum of four (4) and a maximum of six (6) voting members. The
162 members of the Committee shall have expertise relevant to the project, with
163 backgrounds in such areas as project design, construction, finance, contract review, and
164 project management. The Committee shall be chaired by a licensed engineer or
165 architect. The membership of the Committee shall be determined by the City Engineer
166 or his designee.
167
168 e. Selection of Qualified Offerors (Step I- Request for Qualifications (RFQ): The City
169 shall conduct a prequalification process as follows to determine which offerors are
170 qualified to receive the Request for Proposal (RFP).
171
172 i. The City shall prepare a RFQ containing the City's facility requirements, building
173 and site criteria, site and survey data (if available), the criteria to be used to
174 evaluate RFQ Responses and other relevant information, including any unique
175 capabilities or qualifications that will be required of the contractor. All offerors shall
176 have a licensed Class "A" contractor registered in the Commonwealth of Virginia as
177 part of the Project team.
178
179 ii.The RFQ shall be posted in accordance with the current standards for the posting
180 of public bids in the Virginia Code and the relevant sections of the City Code.
181
182 iii. The Committee shall evaluate each responding firm's RFQ response and any
183 other relevant information and shall determine those deemed qualified with respect
184 to the criteria established for the project.
185
186 iv. The RFQ evaluation process shall result in a short list of two to five offerors to
187 receive the RFP. An offeror may be denied prequalification only as specified under
188 the Code of Virginia § 2.2-4317, but the short list shall also be based upon the RFQ
189 criteria.
190 v. At least thirty (30) days prior to the date established for the submission of
191 proposals, the City shall advise each offeror in writing as to whether that offeror has
192 been prequalified. In the event that an offeror is denied prequalification, the written
193 notice shall state the reasons for the denial of prequalification and the factual basis
194 for such reasons. Prequalified offerors that are not selected for the short list shall
195 likewise be provided the reasons for such decision.
196
197 f. Selection of a Construction Manaqer (Step II) - Request for Proposal (RFP):
198
199 i. The City shall send a RFP to the qualified offerors on the short list and request
200 submission of formal proposals from them. The criteria for award shall be included
201 in the RFP.
202
203 ii. Proposals as described in the RFP shall be submitted to the Purchasing Agent.
204
205 iii. The Committee will evaluate and rank the proposals. After evaluation and
206 ranking of the proposals, the Committee shall: 1) conduct negotiations with two or
207 more offerors submitting the highest ranked proposals, or 2) should the City
208 determine that only one offeror is full qualified or that one offeror is clearly more
209 highly qualified than the others under consideration, a contract may be negotiated
210 and awarded to that offeror.
211
212 iv. The Committee shall make its recommendation on the selection of a construction
213 manager to the Purchasing Agent based on its evaluation and negotiations. The
214 contract shall be awarded to the offeror who is fully qualified and has been
215 determined to have provided the best value in response to the RFP.
216
217 v. The Committee will notify all offerors who submitted proposals which offeror was
218 selected for the project. The Notice of Intent to Award may be used to make this
219 notification. When the terms and conditions of multiple awards are so provided in
220 the RFP, awards may be made to more than one offeror.
221
222 vi. Upon request, documentation of the process used for the final selection shall be
223 made available to the unsuccessful proposers.
224
225 g. Required CM Contract Terms: Any Guaranteed Maximum Price construction
226 management contract entered into by the City will contain provisions requiring that (1)
227 not more than 10% of the construction work (measured by cost of the work) will be
228 perFormed by the CM with its own forces and (2) that the remaining 90% (or more) of the
229 construction work will be performed by subcontractors of the CM which the CM must
230 procure by publicly advertised, competitive sealed bidding to the maximum extent
231 practicable. Additionally, the subcontracting shall complywith the City's DMBE-certified
232 small business enhancement program. Documentation shall be placed in the file
233 detailing the reasons any work is not procured by publicly advertised competitive sealed
234 bidding. The Purchasing Agent may modify these contractual requirements in whole or
235 in part for projects where it would be fiscally advantageous to the public to increase the
236 amount of construction work performed by the Construction Manager.
237
238 h. Guaranteed Maximum Price (GMP): The GMP shall be established at the
239 completion of the working drawings unless a waiver has been granted by the Purchasing
240 Agent.
241
242 i. One-Step Solicitation: The Purchasing Agent may approve a one-step solicitation
243 for a project, if adequate written justification is provided.
244
245 Adopted by the Council of the City of Virginia Beach, Virginia, on the26tdBy of
246 June , 2012.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
(0,_ szuv?,)
Dept. of Finance/Purchasing
.
? I
/PZ
itX, to ey's Office
CA12308
R-1
June 14, 2012
-65-
Item -V-K.8a/b
ORDINANCES/RESOLUTIONS ITEM #61991
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinances to ACCEPT, APPROPRIATE and TRANSFER:
a. Funds from the Fifth Annual Virginia Beach Business
Appreciation Charity Golf Classic and Netrvorking
Reception and AUTHORIZE donations to MAS, Inc.,
The Global Studies and World Languages Academy at
Tallwood High School and Friends of the Virginia
Beach Library
b. APPROPRIATE State revenues, TRANSFER funds and
AUTHORIZE Deputy Sheriff positions in the Sheriffs
FY 2012-13 Operating Budget
Voting.• I1-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Troting Nay:
None
Council Members Absent:
None
June 26, 2012
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS
2 RESULTING FROM THE FIFTH ANNUAL VIRGINIA BEACH
3 BUSINESS APPRECIATION CHARITY GOLF CLASSIC
4 AND NETWORKING RECEPTION, AND TO AUTHORIZE A
5 DONATION TO MACS INC., THE GLOBAL STUDIES AND
6 WORLD LANGUAGES ACADEMY AT TALLWOOD HIGH
7 SCHOOL, AND THE FRIENDS OF THE VIRGINIA BEACH
8 LIBRARY
9
10 WHEREAS, on May 14, 2012 , the Virginia Beach Development Authority and the
11 Department of Economic Development hosted the fifth annual Virginia Beach Business
12 Appreciation Charity Golf Classic and Networking Reception at the Virginia Beach
13 National Golf Club, which generated $15,000 that can be donated to local charitable
14 programs.
15
16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
17 VIRGINIA BEACH, VIRGINIA, THAT:
18
19 1. $15,000 is hereby accepted and appropriated, with local revenues increased
20 accordingly, to the FY 2012-13 Operating Budget of the Department of Economic
21 Development for purposes of donation to local charitable programs; and
22
23 2. The contributed funds will be donated to MAS Inc., The Global Studies and
24 World Languages Academy at Tallwood High School, and Friends of the Virginia Beach
25 Library, which are organizations that provide services to the citizens of the City.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th day
of June , 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:
Ma agement Services ice
CA12287
R-2
June 15, 2012
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
AN ORDINANCE TO APPROPRIATE STATE REVENUES,
TRANSFER FUNDS, AND AUTHORIZE EIGHT DEPUTY
SHERIFF POSITIONS IN THE FY 2012-13 OPERATING
BUDGET OF THE SHERIFF'S OFFICE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, THAT:
1. $248,592 is hereby appropriated, with revenue from the State increased
accordingly, to the FY 2012-13 Operating Budget of the Sheriff's Office to fund a portion
of the salary and fringe benefit costs associated with eight Deputy Sheriff positions;
2. $166,080 is hereby transferred from the FY 2012-13 General Fund
Reserve for Contingencies to the FY 2012-13 Operating Budget of the Sheriff's Office to
fund a portion of the salary and fringe benefit costs associated with eight Deputy Sheriff
positions;
3. The total number of positions (FTEs) in the Sheriff's Office is increased by
eight full-time positions; and
4. The effective date of this ordinance is July 1, 2013.
Adopted by the Council of the City of Virginia Beach, Virginia on the 26th
day of June 2012.
Requires an affirmative vote by a majority of all of the members of City Council.
Approved as to Content:
VAfXWAz1_ IS . ?
Ma gement Services
CA12312
R-1
June 13, 2012
Approved as to Legal Sufficiency:
-66-
Ite»i -V-K.8c
ORDINANCES/RESOL UTIONS ITEM #61992
Upon motion by Vice Mayor Jones, seconded by Councibnan Dyer, City Council ADOPTED, Ordinances
to ACCEPT, APPROPRIATE and TRANSFER:
c. TRAIVSFER funds within the FY2012-13 Economic
Developtnent Operating Budget and AUTHORIZE
additional full-time positions
Voting: 8-3
Council Members Voting Aye:
Glenn R. Davis, 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:
William R`Bill " DeSteph, Harry E. Diezel and John D. Moss
Council Members Absent.•
None
June 26, 2012
1 AN ORDINANCE TO TRANSFER FUNDING WITHIN THE
2 FY 2012-13 OPERATING BUDGET OF THE DEPARTMENT
3 OF ECONOMIC DEVELOPMENT AND TO AUTHORIZE
4 TWO ADDITIONAL FULL-TIME POSITIONS
5
6 WHEREAS, in the Adopted FY 2012-13 Operating Budget, City Council provided
7 $250,000 to the Department of Economic Development (the "Department") for various
8 prioritized initiatives to help diversify and grow the economy; and
9
10 WHEREAS, City Council liaisons worked with the Department and the Virginia
11 Beach Development Authority to best target the use of the Council funding, and
12 recommended the funding be used to establish an International Development Office,
13 and add two full-time positions to the Department of Economic Development; and
14
15 WHEREAS, of the $250,000 provided by Council, $87,929 is budgeted in the FY
16 2012-13 Operating Budget of the Department of Economic Development in the
17 appropriate spending account to establish an International Development Office.
18
19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
20 VIRGINIA BEACH, VIRGINIA, THAT:
21
22 (1) Two full-time equivalent ("FTE") positions are hereby added to the FY 2012-13
23 Operating Budget of the Department of Economic Development, including one
24 (1) Business Development Representative II, and one (1) Business Development
25 Representative I; and
26
27 (2) $162,071 is hereby transferred within the FY 2012-13 Operating Budget of the
28 Department of Economic Development to fund the salaries, fringe benefits and
29 support costs of these two additional positions.
Adopted by the Council of the City of Virginia Beach, Virginia on the 26th day
of June , 2012.
30
APPROVED AS TO CONTENT:
D AS,TO LEGAL SUFFICIENCY:
?d: ?? ' p ^ Ma agement ServiceCA12310
R-1
June 13, 2012
t t
t ? o o
? c
?
ao
c Q
' o
a m
" -
a
=
`° '
C: v a
o - v c' o
° >?
`t 4-1
a
?
? ? ? ? U 0
A f6 U
? ?-
+
LLJ -0
4-1 i? 0 4- ? f0 i ?. V Q. CL
V
4-1 ?n ?
?
Y
M
4J ?
?n 0
`A
O d0 O
O
UJ . p _ N t _ i C Q N
hD c `^
i p M C ?
' j Q- Wp ?mV
W
i= - E N tA ?
O N C.
? ? C
C ? ? vf
? v v O ++ ?n
?Ln
v?
`? ??
C y ?
0 r- fl- ?n
E
? N V-
.
?
a.
ca
-0
,n ?
- i Y
?
(7 ? ?
v E ?
? w
? C ? ? C >
E 4? E p E .? GJ
t
a ? o 0 0 ?
C: ? E
-o 0 v
E
vi L
0 m m ^
?
:3
CU Q?
0 i W tC O Q
2
c 0
? O C
N
O
,}?
- Q v
N '
?o I?
Ln ---
u 3 > v
a, N .+ L
L.. +
°
' Q'
v
CLO c ?
v v
4,
L
c -C
? c :
o c ? N L v?+? F-
W
Q
? c
a U ?
0
.
N
? ? ?
N ? N ?
.
.
?....
.
= E
L- Q S
? 4- V1
? V Q ? .X .?
O ? m N ? m C
c
m ? f? a
Q ?"? -p +.. Z
ca'
W
C: 0 L N
v C4-
D ? ? ? E M N _C
++ ? c6 vf
4-J Q1 U ?
aJ . ,p -0 :'' .p v ? C C
oc ?
E ? Q ? Q
?
?
?
?
N E
O
?
E
'?
v ? p ?
?
E
?
? 41
C
?
? ? ?
++ 7
O
? ? V
?
U
? Q- a° ? o .}?' ? ° M
-d ? o
?
+
2 >
? E ;g
° Q
° ?
E Q
> o Q ? ? a)
:
+-
? 3
? ?
r, s
N4-
c
Q > ?+ v- W Uf
E ? ? ? ? ? 3 ? a ? a? C c
n -a c o
V m
?
O 0 C
+1 ? F-
? "? N c6 ?n
t/I
V
E ? CL) ? ^ ?
? ? ? N
4- O
- ? C
V
O O ? - ? • ?f
• N N ,
? 0 0 ? (6 00 w fd C o
O ? ? ?
N ? * ? E E -N m
.?.?.?
V °p ° a, ? v .
;° = o„ 00 00 r
a = • ° E ?
W ? ?;? v >_ o n ? ?
ao v a 3 0
? v p t 0 ? ? C ?
V i N ? _ ?,, O >
41 ?
?. a ?
v?i ?
~ -C v ?-?- F- L O'
a:+
? vi
? ?'
3 C1 C ?
0 '?
E M vf
'0 a1
c 0
},
? cn Q
W
'?=
0
o -p
w
C
?
tv
G O ?
C
'?''
N 4- ? C .
0 O N
ca
v
? v? co
?
Q v ? •? ? U Q- W r? -? ? 0'? N
2 U •c 4J
? w ?
W
E n Q ?
> V)
-0 ?- L
? %O C
N
C
O Q ? Q Q cp 0 Q? o . W
OU.Q
? ? 4- U v ? w ? V ? LL
N ?
(6 ? M" Vw1 " > 00 7 V, > i= (O f6 01 5
L
a
O ? O'
?
0
C7
Q
" 0
C
t
? O t?
?? C a"' v?i 0 F- t?n v a
vi ? ? +?+
u- O
? 3
? ? '?
wo
?
0 3 ao
r
.
4- ?
.
7n
p .
? bA E l% m. ?'0 (O m. i ? W W d 7
-67-
Item -V-L
PLANNING
1. FRED NEELEY
ITEM #61993
2. BASILEIA EMPOWERING MINISTRIES/
GREGORYMEYERS
3. MADELINE F. BAILEY TRUST
4. STIHL, INCORPORATED
5. JAMES KENNEDY VI/
DAVID D. KENNEDY
6. REAL INVESTMENT ASSOCIATES, INC./
WILLIAM HENRY SA WYER
7. CITY OF VIRGINIA BEACH
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CHANGE OF ZONING
CHANGE OF ZONING
.Iune 26, 2012
-68-
Item -V-L
PLANNING
ITEM #61994
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE
MOTION, BY CONSENT, Items 1, 2, 3, 4, S, 6 and 7 of the PLANNING AGENDA.
Council Lady Henley will vote verbal NAY on Item #5
Councilmen DeSteph and Moss will vote verbal NAY on Item #7
Voting.• 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R
Dyer, Barbara M. Henley,
Mayor William D. Sessoms,
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
"Bill " DeSteph, Harry E. Diezel, Robert M.
Vice Mayor Louis R. Jones, John D. Moss,
Jr., John E. Uhrin, Rosemary Wilson and
June 26, 2012
-69-
Itesn -V-L.1
PLANNING
ITEM #61995
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council
APPROVED/CONDITIONED, BY CONSENT, Application of FRED NEELEY for a Conditional Use
Permit (residential kennel) at 2732 Alameda Drive DISTRICT 7- PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of FRED NEELEY for a
Conditional Use Permit (residential kennel) at 2732 Alameda
Drive (GPIN 1493170450) DISTRICT 7- PRINCESS ANNE
The following conditions shall be required:
1. No more than five (5) adult dogs (over six (6) months of age) shall be kept on the
property at any one time.
2. The dog litter shall be picked up and disposed of on a daily basis.
3. The applicant shall maintain the dogs in a current status on all required
vaccinations and shall properly license the dogs through the City of Virginia
Beach.
4. Parking, as required by Section 223 of the City Zoning Ordinance, is satisfied by
the existing parking spaces located on the property. No additional parking is
required.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the Ciry of Virginia Beach, Virginia, on the Twenty-Sixth day of June, Two
Thousand Twelve
June 26, 2012
Ite?n -V-L.1
PLANNING
Voting: 11-0 (By Consent)
CouncilMembers VotingAye:
Glenn R. Davis, William R.
Dyer, Barbara M. Henley,
Mayor William D.
James L. Wood
Council Members Yoting Nay:
None
Council Members Absent.•
None
Sessoms,
-70-
ITEM #6I995(Continued)
"Bill" DeSteph, Harry E. Diezel, Robert M.
Vice Mayor Louis R. Jones, John D. Moss,
Jr., John E. Uhrin, Rosemary Wilson and
June 26, 2012
-71-
Item -V-L.2
PLANNING
ITEM #6I996
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council
APPROVED/CONDITIONED, BY CONSENT, Application of BASILEIA EMPOWERING
MINISTRIES/GREGORY MEYERS for a Conditional Use Permit re child care at 1547 Amberley
Forest Drive DISTRICT 2- KEMPSVILLE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of BASILEIA EMPOWERING
MINISTRIES/GREGORY MEYERS foY a Conditional Use
Permit re child care at 1547 Amberley Forest Drive (GPIN
14852 73852) DISTRICT 2 - KEMPSVILLE
The following conditions shall be required:
1. The applicant shall obtain all necessary permits and inspections from the
Permits and Inspections Division of the Planning Department, the Fire
Department and the Department of Social Services before operation of the
facility and a business license is issued.
This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-Sixth day ofJune, Two
Thousand Twelve
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 MembeYS Absent:
None
June 26, 2012
-72-
Item -V-K.3
PLANNING
ITEM #61997
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council
APPROVED/CONDITIONED, BY CONSENT, Application of MADELINE F. BAILEY TRiIST for a
Conditional Use Permit re an automotive repair garage, transmission shop and existing automotive
repair at 176-180 Mac Street DISTRICT 4- BAYSIDE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of MADELINE F. BAILEY
TRUST for a Conditional Use Permit re an automotive repair
garage, transmission shop and existing automotive repair at
176-180 Mac Street (GPIN 1467931171) DISTRICT 4-
BAYSIDE
The following conditions shall be required:
1. All automotive repairs shall be performed inside the building.
2. There shall be no outside storage of vehicles in a state of obvious disrepair. If
vehicles in this condition require storage, then such vehicles shall be stored
within the building.
3. There shall be no outside storage of equipment, parts or materials.
4. Parking shall not be permitted in front of the building. Fourteen (14) nine (9)-
foot by eighteen (18) foot parking spaces shall be designated on the East side of
the building. One (1) of those spaces shall be designated as a handicap
accessible space and shall be delineated at eight (8) foot by eighteen (18) foot
with an eight (8) foot by eighteen (18) foot access aisle adjacent to the space.
This space shall be located at the closest entry to the building. This space and
aisle shall also be improved with concrete or asphalt.
5. A row of evergreen shrubs, a minimum of three (3) feet in height, shall be planted
along the outside of the fence that is parallel to Mac Street.
6. The applicant shall obtain a Certificate of Occupancy for the change of use from
the Permits and Inspections Division of the Planning Department before the
business license is issued.
This Ordinance shall be effective in accordance with Section 107()9 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-Sixth day of June, Two
Thousand Twelve
June 26, 2012
Item -V-L.3
PLANNING
Voting: I1-0 (By Consent)
Council Members Yoting Aye:
Glenn R. Davis, William R.
Dyer, Barbara M. Henley,
Mayor William D. Sessoms,
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
-73-
ITEM #61997(Continued)
"Bill " DeSteph, Harry E. Diezel, Robert M.
Vice Mayor Louis R. Jones, John D. Moss,
Jr., John E. Uhrin, Rosemary Wilson and
June 26, 2012
-74-
Itein -V-L.4
PLANNING
ITEM #61998
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council
APPROVED/CONDITIONED, BY CONSENT, Application of STIHL, INCORPORATED for a
Conditional Use Permit to install a wind energy system at 536 Viking Drive DISTRICT 6- BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of STIHL, INCORPORATED for a
Conditional Use Permit to install a wind energy system at 536 Viking
Drive (GPIN 1496568967) DISTRICT 6- BEACH
The following conditions shall be required:
1. The site shall be developed substantially in accordance with the submitted Plan
entitled "Wind Turbine Location Exhibit, A Portion Of #536 Viking Drive,
Property Owned By Stihl Incorporated, Virginia Beach, Virginia, " dated
2116112, and prepared by Hoggard /Eure Associates. Said plan has been
exhibited to the Virginia Beach City Council and is on file in the Planning
Department.
2. The WECS units shall be Windtronics Honeywell Wind Turbines, as submitted
with the application. The manufactor's details are on file in the Planning
Department.
3. The turbines shall not exceed a maximum of twelve (12) feet and four (4) inches
in height above the roof level and a diameter of six (6) feet
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-Sixth day ofJune, Two
Thousand Twelve
June 26, 2012
-75-
Item -V-L.4
PLANNING
ITEM #61998(Continued)
Voting: 11-0 (By Consent)
Council Members Poting 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
June 26, 2012
-76-
Itenz -V-L.S
PLANNING
ITEM #61999
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council
APPROVED/CONDITIONED, BY CONSENT, Application of JAMES KENNEDY VI/DAVID D.
KENNEDY for a Conditional Use Permit re a home occupation - sale of firearms, gunsmithing,
assembly, accurizing, parts and service at 3505 Byrne Brae Drive DISTRICT 2- KEMPSVILLE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of JAMES KENNEDY VI/DAVID D.
KENNEDYfor a Conditional Use Permit re a home occupation - sale of
firearms, gunsmithing, assembly, accurizing, parts and service at 3505
Byrne Brae Drive (GPIN 1446992519) DISTRICT 2- KEMPSVILLE
The following conditions shall be required:
1. The Conditional Use Permit for a home occupation - fireaYm sales, gunsmithing,
assembling, accurizing as well as providing parts and service for firearms is
approved for a period of one (1) year with an administrative review and renewal
(if appropriate) every year thereafter.
2. The applicant shall obtain and maintain a Federal Firearms License (FFL)
through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) in order
to conduct his business.
3. There shall be no sign identifying the business on the exterior of any building on
the property or within the yard of the property.
4. Not more than twenty (20) percent of the floor area of the dwelling unit and
accessory structures shall be used in the conduct of activity with the home
occupation.
5. No employees shall be employed on the property associated with this home based
business.
6. Delivery of firearms to the property shall be secured by only the applicant's
signature.
7. The home occupation shall not create noise, dust, vibration, smell, smoke, glare
electrical interference, fire hazard or any other hazard or nuisance to any
greater or more frequent extent than would normally be expected in the
neighborhood under normal circumstances wherein no home occupation exists.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Aclopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-Sixth day ofJune, Two
Thousand Twelve
June 26, 2012
-77-
Itefii -V-L.S
PLANNING
ITEM #61999(Continued)
Voting.• 10-1 (By Consent)
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, Mayor William D.
Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Verbal Nay:
Barbara M. Henley
Council Members Absent:
None
June 26, 2012
-78-
Itent -V-L.6
PLANNING
ITEM #62000
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED AS
PROFFERED, BY CONSENT, Application of REAL INVESTMENT ASSOCIATES, INC./WILLIAM
HENRY SAWYER for a Change of Zoning District Classification from AG-1 and AG-2 Agricultural to
Conditional R-10 Residential re developing a single family residential development at 2283 Princess
Anne Road DISTRICT 7- PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of REAL INVESTMENT ASSOCIATES,
INC./WILLIAM HENRY SAWYER for a Change of Zoning District
Classification from AG-I and AG-2 Agricultural to Conditional R-10
Residential re developing a single family residential development at 2283
PYincess Anne Road (GPIN 2404720705) DISTRICT 7- PRINCESS ANNE
The following conditions shall be required:
An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-Sixth day ofJune, Two
Thousand Twelve
TTOting: I1-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R`Bill " DeSteph, Harry E. Diezel, Robert M.
DyeY, 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 Tjoting Nay:
None
Council Members Absent:
None
June 26, 2012
-79-
Item -V-L.7
PLANNING
ITEM #62001
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council APPROVED BY
CONSENT, Application of CITY OF VIRGINIA BEACH for a Change of Zoning District Classification
from R-7.5 Residential and H-1 Hotel to P-1 Preservation to construct a two-story facility with
improvements to parking, circulation, stormwater and site amenities at Bow Creek Recreation Center,
3427 Club House Road DISTRICT 3- ROSE HALL
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of CITY OF VIRGINIA BEACH for a Change of
Zoning District Classification from R-7.5 Residential and H-1 Hotel to P-1
Preservation to construct a two-story facility with improvements to parking,
circulation, stormwater and site amenities at Bow Creek Recreation Center,
3427 Club House Road (GPIN 1486881482; 1486788331; 1486789601)
DISTRICT 3 - ROSE HALL
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-Sixth day ofJune, Two
Thousand Twelve
Tjoting: 9-2 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley,
Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E.
Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Verbal Nay.
William R`Bill " DeSteph and John D. Moss
Council Members Absent:
None
June 26, 2012
-80-
ITEM V-M
APPOINTMENTS ITEM #62002
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
ARTS AND HUMANITIES COMMISSION
BOARD OF B UILDING CODE APPEALS
COMMUNITY SER VICES BOARD
HUMAN RIGHS COMMISSION
TRANSPORTATION DISTRICT COMMISSIDN OF HAMPTON ROADS (HRT)
June 26, 2012
-81-
Item -V-M
APPOINTMENTS ITEM #62003
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
Charles Guthrie, At Large
Patricia Keeley, Rose Hall
Wesley B. Laine, Beach
3 year term 0710112012 - 0613012015
BEACHES AND WATERWAYS COMMISSION
and APPOINTED:
Paul Hammaker, Centerville
3 year term 0710112012 - 06-301201 S
BEACHES AND WATERWAYS COMMISSION
Yoting: I1-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R`Bill " DeSteph, Harry E. Diezel, Robert M.
DyeY, 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
June 26, 2012
-82-
Iten: -V-M
APPOINTMENTS ITEM #62004
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
Brady S. Viccello, Lynnhaven
3 year term 0710112012 - 0613012015
BEACHES AND WATERWAYS COMMISSION
Voting: 10-1 (By Consent)
Council Members Yoting 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:
William R. "Bill " DeSteph
Council Members Absent:
None
June 26, 2012
-83-
Item -V-M
APPOINTMENTS ITEM #62005
Upon NOMINATION by Vice Mayor Jones, Ciry Coufzcil APPOINTED:
Kimberly S. Shuler
3 year term 0710112012 - 0613012015
BIKEWAYS and TRAILS ADVISORY COMMITTEE
Voting.• 11-0 (By Consent)
Council Members Yoting Aye:
Glenn R. Davis, YVilliam 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
June 26, 2012
-84-
Item -V-M
APPOINTMENTS ITEM 962006
Upon NOMINATION by Vice MayoY Jones, City Council APPOINTED:
Sharon Weeks
Unexpired thru 0813112013 plus 3 years 0910112013 - 0813112016
PARKS and RECREATION COMMISSION
Voting: I1-0 (By Consent)
Council Members TTOting 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
June 26, 2012
-85-
Item -V-M
APPOINTMENTS ITEM #62007
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
Earnest A. Cooper, Jr.
3 year term 0610112012 - 051311201 S
TOWING ADVISORY BOARD
Yoting: 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 VotingNay:
None
Council Members Absent:
None
June 26, 2012
-86-
Item -V-M
APPOINTMENTS ITEM #62007
Upon NOMINATION by Vice Mayor Jones, Ciry Council APPOINTED:
William E. Curtis, Jr., USN, Retired
THE SOUTHEASTERN TIDEWATER OPPOR TUNITY PR OJE CT, INC. (STOP)
Voting.• 11-0 (By Consent)
Cozincil Members Yoting 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
June 26, 2012
-87-
Iteni -V-M
APPOINTMENTS ITEM #62008
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Robert "Bob" Williams
Unexpired term thru 1213112015
VIRGINIA BEACH COMMUNITYDEVELOPMENT CORPORATION
Yoting.• 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
June 26, 2012
-88-
Item -V-P
ADJOURNMENT ITEM #62009
Mayor William D. Sessoms DECLARED the Ciry Council Meeting ADJOURNED at 8:02 P.M.
Amanda Finley-Barnes, C
Deputy City Clerk
4th Hodges Fraser, MMC
City CleYk
City of Virginia Beach
Virginia
William D. Sessoms, Jr.
Mayor
June 26, 2012