NOVEMBER 13, 2012 MINUTESCITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
M.4YOR W/LL/AMD. SESSOMS JR., At-Large
V/CE MAYOR LOUlS R. JONES, Bnvside - Disti-ict 4
GLENN R. DAVIS, Rose HaIJ - Disti-ict 3
W/LLlAM R. DeSTFPH, AbLnrge
HARRY E. D/EZEL, Kempsvi[le - Disti-ict 2
ROBERT M. DYER, Ceuterville - Disti-ict 1
BARBARA M. HENl,EY, Princess Anne - Disti-ict 7
JOHND.MOSS. At-Lnrge
JOHN E. UHRIN, Beadi - Disti-ict 6
ROSEMARY W/LSON, At-Large
JAMES L. WOOD, Lvnnhnven -District S
C[TY COUNCIL APPOINTEES
CITY MANAGER - JAMES K. SPORE
C/TYATTORNEY- MARK D. ST/LES CITY COUNCIL AGENDA
CITY ASSESSOR - JERALD D. BANAGAN
CITYAUDlTOR-LYNDONS. REM/AS 13 November 2012
ClTY CLERK - R UTH HODGES FRASER, MMC
1. CITY MANAGER'S BRIEFINGS - Conference Room -
A. REVIEW OF ARENA PROJECTIONS AND STUDIES
Warren Harris, Director, Department of Economic Development
Mike McGee, President, BARMAC, Inc.
Bill Rhoda, Principal, Convention, Sports and Leisure International
B. YMCA - PRINCESS ANNE COMMONS TERM SHEET
Billy George - YMCA President
Barbara Duke - Parks and Recreation
C. REAL ESTATE ASSESSMENT AND COLLECTION SYSTEM PHASE II -
Business Revenue and Personal Property
Council Member William R. DeSteph
Council Member Glenn R. Davis
Deputy City Manager David L. Hansen
II. CITY COUNCIL LIAISION REPORTS
III. CITY COUNCIL COMMENTS
N. CITY COUNCIL AGENDA REVIEW
V. INFORMAL SESSION - Conference Room -
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
ClTYHALL BUILDING
2401 COURTHOUSEDRIVE
VIRGINIA BEACH, VIRGINIA 23456-9005
PHONE:(757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycnc[@vbgov.com
3:00 P.M.
5:30 P.M.
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION
- City Council Chamber - 6:00 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. INVOCATION: Father Charles Brindle
Pastor, Church of the Ascension
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL and FORMAL SESSIONS
G. FORMAL SESSION AGENDA
l. CONSENT AGENDA
H. MAYOR'S PRESENTATION
l. LIFESAVING AWARD - Commander poug Burkhouse
Churchland Assembly of God, Outpost 160
1. PUBLIC HEARINGS
1. Proposed City Charter Amendment
Debt Issued by Virginia Beach Development Authority
2. Proposed No Wake Zone
Lynnhaven River, Long Creek and Keeling Drain
3. Lease of City-owned Property
Meyera E. Oberndorf Central Library re Coffee Shop
October 23, 2012
J. ORDINANCES/RESOLUTION
l. Resolution REQUESTING SUPPORT of the Virginia Beach Delegation for the 2013
LegislaNve Agenda and City Council's goals and objectives
2. Resolution REQUESTING the Virginia Department of Game and Inland Fisheries to
AUTHORIZE the City to DESIGNATE, POST and ENFORCE a"No Wake Zone" on a
portion of the Lynnhaven River
3. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease with AEN, LLC, d/b/a
Smart Coffee re Coffee Shop located within the Meyera E. Oberndorf Central Library at 4100
Virginia Beach Boulevard
4. Ordinance to AUTHORIZE temporary encroachments of City-owned property known as Island.
Lake for MYRTLE J. AND JOHN F. DAVIS, II re remove pier/mooring piles and construct
and maintain a pier/boatlift at 2405 Broad Bay Road (DISTRICT 5- LYNNHAVEN)
5. Ordinance to AUTHORIZE the City Manager to EXECUTE the Phase V Development
Agreement and an Agreement SUPPORTING the Virginia Beach Development Authority
obligations under the Phase V documents and REQUEST VBDA to EXECUTE supporting
documents re Town Center Phase V
6. Ordinance DECLARING a Local Emergency re Hurricane Sandy
7. Resolution to ESTABLISH Inter-Facility Care, LLC and AUTHORIZE re annual EMS
permit for private services
8. Ordinance to APPROPRIATE and TRANSFER a$30,000 donation from Miyazaki City,
Japan, re construction costs of the Azumaya and expansion of the Miyazaki Garden at Red
Wing Park
K. PLANNING
l. Application of BRAVA L.L.C., for Modification of Conditions Nos. 1, 2 and 12 re a parking
lot at 2002 Pacific Avenue (approved August 23, 2011) and ALLOW enlargement of the
parking area (DISTRICT 6 - BEACH)
RECOMMENDATION
APPROVAL
2. Application of COLONIAL COLLISION CENTER, LLC, DBA Rick Hendrick Collision.
Center for a Conditional Use Permit re automobile repair facility/garage at 2700 International
Parkway (DISTRICT 6 - BEACH)
RECOMMENDATION APPROVAL
3. Application of ROBERT and RAMONA CASTNER for a Conditional Use Permit re home
daycare at 5236 Windsor Lane (DISTRICT 2- KEMPSVILLE)
RECOMMENDATION APPROVAL
4. Applications of ARCHANGEL ENTERPRISES, INC., at Maxey Drive and Virginia Beach
Boulevard (DISTRICT 6 - BEACH):
a. Change of Zoning from A-12 Apartment to B-2 Community Business
b. Conditional Use Permit re motor vehicle sales/service
RECOMMENDATION
APPROVAL
5. Application of MPB, INC. for a Conditional Change of Zoning from AG-1 and AG-2
Agrieultural to Conditional 0-2 Office at Princess Anne Road and Elson Green Avenue,
(DISTRICT 7- PRINCESS ANNE)
RECOMMENDATION
APPROVAL
6. Application of CITY OF VIRGINIA BEACH for a Floodplain Variance re parking lot
improvements at Little Island Park 3820 Sandpiper Road (DISTRICT 7- PRINCESS ANNE)
RECOMMENDATION
APPROVAL
L. APPOINTMENTS
BOARD OF BUILDING CODE APPEALS
BOARD OF ZONING APPEALS
CHESAPEAKE BAY PRESERVATION AREA BOARD
COMMUNITY POLICY AND MANAGEMENT TEAM (CSA)
COMMUNITY SERVICES BOARD - CSB
EASTERN VIRGINIA HEALTH SYSTEMS AGENCY
GREEN RIBBON COMMITTEE
HISTORIC PRESERVATON COMMISSION
HISTORICAL REVIEW BOARD
RESORT ADVISORY COMMISSION
SOUTHEASTERN PUBLIC SERVICE AUTHORITY
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
M. UNFINISHED BUSINESS
N. NEW BUSINESS
0. ADJOURNMENT
PUBLIC COMMENT
Non-Agenda Items
Each Speaker will be allowed 3 minutes
and each subject is limited to 3 Speakers
*=?****?****?***??**?x?x??=x?***:?*
If you are physically disabled or visually impaired
and need assistance atthis meeting,
please call the CITY CLERK'S OFFICE at 3854303
2012 CITYHOLlDAYS
Thursday, November 22
Friday, November23
Monday, December 24
day)
Tuesday, December 25
Thanksgiving Day
Day After Thanksgiving
Christmas Eve (half-
Christmas Day
-1-
VIRGINIA BEACH CITY COUNCIL
Virgiiiia Beach, Virginia
November 13, 2012
Mayor William D. Sessoms, Jr. called to order the REVIEW OF ARENA PROJECTION AND
STUDIES, in the Ciry Council Conference Room, Tuesday, November 13, 2012, at 3: 00 P.M.
Cozcncil Members Present:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, RobeYt
M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood.
Council Members Absent:
None
November 13, 2012
-2-
DONNA PATTERSON - VOTER REGISTRAR
DISCUSSION re ELECTION
3: 00 P.M.
Mavor Sessoms requested Donna Patterson, Tjoter Registrar, and Al Albolwich, Chairman of the
Electoral Board, attend today's meeting in an effort to address concerns regarding the waiting times
during last week's election especially for the elderly and handicapped.
Mr:;. Patterson advised there were a lot of long lines at various precincts and she will look at the number
of curbside voters for each Precinct. Curbside voting impacts the flow of the Election because machines
are taken out to the vehicle to accommodate a citizen's voting. One curbside voter takes the place of S or
6 inside voters. There were a few situations where the machines stopped working. Mrs. Patterson
bell'eves the long ballot also impacted the flow of the Election and stated she does not want citizens to
again wait 3 or 4 hours to vote. Mrs. Patterson will be evaluating Precinct by Precinct to have exact
numbers in an effort to avoid long wait times in the future.
Chccirman Albolwich stated the voting machines used were purcliased several years aga The General
Assembly passed legislation that prohibited their office from purchasing any additional machines. The
two primary problems with the machines are the batteries and the calibration. Mr. Albolwich advised
ther•e is the next generation of software available but he is unaware what the State will approve.
Hopefully, before the next Presidential Election, the machines will be replaced with new equipment.
Councilman Wood expressed concern regarding the delay with checking voters in as well as specifics in
polling locations. For instance, one church would not allow voters to stand inside their building while
another church allowed voters to stand inside. He was wondering how that worked.
Mr. Albowich advised there is an Agreement for each polling location and the Ciry must conform to their
wishes and terms within the agreement.
Vice Mayor Jones advised he and Councilman Moss were working the same polling locations and there
wet-e several mothers with very small infants standing in line. He and Councilman Moss took it upon
themselves to usher them to the front of the line and no one seemed to object. Vice Mayor Jones asked if
that is something that could become a policy with Election Off cials. Mrs. Patterson advised that voting
is "first come first serve "; however, curbside voting could be used in such circumstances.
Coicncilman DeSteph expressed his concerns for the voters that could not stand for a lengthy period of
time. He stated he was impressed with the voters' willingness to wait in the long lines but there were
voters that got discouraged and left. He suggested City Council include something in the Legislative
Package to express these concerns as the voting issues experienced.
Councilman Diezel nzirrored Councilman DeSteph's suggestion to consider placing the request for
"Early Voting" into this year's Legislative Package and ask the General Assembly to reconsider.
Councilman Wood requested an explanation why the delay in reporting. "We knew the results of the
Presidential Election before we knew who would be representing the Kempsville District. "
Mrs. Patterson stated: "normally it is real time reporting "; however, there were some technical
diff culties that night with the State Board of Election's site. Also, some Precincts had voters still voting
at 11: 00 P.M.
Councilman Moss advised he thought everyone did a good job considering the ciYCUmstances and he was
impressed with the voters' consideration of others. Councilman Moss suggested we take a look at
dernographics as he thinks curbside voting will increase.
Mayor Sessoms thanked Mrs. Patterson and Chairman Ablowich for coming over today.
November 13, 2012
-3-
. CITYMANAGER'S BRIEFING
REVIEW OF ARENA PROJECTIONS AND STUDIES
3:21 P.M.
ITEM #62329
Mayor Sessoms introduced and welcomed Warren Harris, Director - Economic Development. Mr.
Hairis advised there will be two (2) presentations today. The first presentation is from Mike McGee,
President, BARMAC, Inc. Mr. McGee has a long distinguished career in the sports and entertainment
industry. The second presentation is from Bill Rhoda, Principal, Convention, Sports and Leisure
International. Mr. Rhoda was scheduled to attend; however, his flight was delayed and as such, Patti
Phz'llips, will be making the presentation with Mr. Rhoda participating via teleconference. This
presentation was at the request of City Council.
Mr. McGee advised this is the 17`h project of this nature he has worked on in the last 42 years. In
preparing this presentation, Mr. McGee contacted several facility managers around the country with
whom he has been able to work over the years.
, ,..?,....;.
VlRGINIA BEACH
?
' ?.
F: ar,. . !:=ti-?o?,+?=r.-
OPERATING PRO FORMA REVIEW
PROPOSED 18,500 SEAT ARENA
Prepared BARMAC
I ?It
By: ?
November 13, 2012
November 13, 2012
-4-
CITY MANA GER'S BRIEFING
REVIEW OF ARENA PROJECTIONS AND STUDIES
ITEM #62329(Continued)
Mr. McGee advised today's presentation will be looking at the following six (6) components:
Pro Forma Review: Proposed 18.500 Seat Arena
ARENA OPERATIONS COMPONENTS
1. Non-Team Operations
2. Major Tenant Operations
3. Minor Tenants Operations
4. Suites/Premium Seating
5. Sponsorship/Naming Rights
6. Staffing and Operating Expenses
BARLiAC
Thc revenue from non-team operations aggregate over $9.5-MILLION and are specifically identified
below:
Pro Forma Review: Prooosed 18.500 Seat Arena
REVENUE NON-TEAM OPERATIONS
m?xevrs ?? ?eo.??o s+oo?,.? s+mooo s+r.?ooo s?.ono sso???oo s 9,:.:w s++,•w s?.o?. s?o?4?,. s??!m? ..s.
aoo Sz?sxsoo aoo Snsow snS?unam su 5 i
B_A,RMAC.
November 13, 2012
-5-
CITY MANA GER'S BRIEFING
REVIEW OF ARENA PROJECTIONS AND STUDIES
ITEM #62329(Continued)
Mr. McGee is projecting forry four (44) events, consisting of three pre-season games and forty-one
regular season games with revenue of approximately $7.3-MILLION.
Pro Forma Review: Proposed 18,500 Seat Arena
REVENUE MAIOR TENANT OPEftATIONS
5sx.eooaao1.o.aoo5ssz.aao 55.usaao 3
41 nu onEexpenseomaunrsinthisProFOimaareEStimatezonly.Weroovvrreryo)circumsmnresfheieisnoguo?anree
these amounhwill beobtaineE.
' ?1, P
, cm
Thirty-six (36) minor tenant events are expected with revenue of approximately $1.7-MILLION.
Pro Forma Review: Proposed 18.500 Seat Arena
REVENUE MINOft TENANTS OPERATIONS
5 n oos S1uW 5 xse
nlul MinorTerents-W NBA, NBA DEVELOPMENTAL tEAGUE, FiL,
SOCCER,IA<ROSSE,HOCKEY
Revenues anE expenuama?ntsin thiz P?o Foima are Estimotesonly. Oue ro a voiieryofcircumstances there is no guaiontee
fheu omounhwill be obtoinN
sng?
s
November 13, 2012
-6-
CITYMANAGER'S BRIEFING
REVIEW OF ARENA PROJECTIONS AND STUDIES
ITEM #62329(Continued)
The projected revenues from club seats and sponsorhips are not a guarantee; however, are in line with
othcr arenas with comparable markets within the country.•
Pro Forma Review: Prooosed 18,500 Seat Arena
Suihs-Club Seats-PartySuites-Loge Boxes-Premium SeatsSponsonhip-Naming Righ[s
suices $ io,zao,ooo
PartySUi[es $ ?,"
QubSeats $ 7,650,000
LogeBOxes $ 1,375,000
MajorTenant5eats
TOTAI $ ]9.543,000
Advertising-Sponsorship $ 4.0DD.000
MajorTenantAdvertising/Sponsorship $ F=?
Naming RigMS $_ 4,500.?
TOTAL $ 16,500,000
fleven?es and expense amovnts in [his Fro lorma are Estimares only Due ro a variety of circumsmnres there ls no Avaranree [hese
amounts will be obmined.
6 BMMAC
Pro Forma Review: Proposed 15.500 Seat Arena
NON-EVENT STAFFING AND OPERATING STAFFING EXPENSE
Full Time StaH 56 Employees $ 3,9]6,]00
PartTimelndirec[Staff 14Employees S 420,856
Non-EventOpeatingExpense , $4.838,000
TOTAI $9,235,556
Fevenves and expense amoun[s in Ihis Pro hrma are Ertimahs only. Oue ro a variety of cir<umrtances fhere is no guarontee these amoun[s will
be obmined.
BARMAC
7 u
to;
November 13, 2012
-7-
CITYMANAGER'S BRIEFING
REVIEW OF ARENA PROJECTIONS AND STUDIES
ITEM #62329(Continued)
Pro Forma Review: Proposed 18,500 Seat Arena
REVENUEAND EXPENSES
REVENUE
Ope?a[ions
$ 16,900,000
.:premium5eating 5 37,700,OW
Sponwrshlps,
NamingRigh[s $ 13,000,000
ArenaDevelopmen[
e
5 1 ]00000
Fe SUBTOTAL $ 69,300,000
v? ENSCs
. . Ope?ations $ ?9.300,000)
TOTALOPERATINGINCOME $ 60,300.000_
OOIOGYRNDRYVROFCH
i?isanu<paiea?Fat?nerz?reren?eee.?.etllwoperaoorsw ava maienemy u?onedlars?5i0.ow.oml.
asenv?rvrya a n ?neira<esacM ¢. toooinaKna- 1rnalor7ename.e?«.ala111o11matea Szso,oooimvaai-.evrnue?o?Mare?+.op.raror.
?
The Appendix below provides the background on what makes up each of the numbers presented today.
Pro Forma Review: Prooosed 18,500 Seat Arena
APPENDIX
w r. eaRMnc
November 13, 2012
-8-
CITYMANAGER'S BRIEFING
REVIEW OF ARENA PROJECTIONS AND STUDIES
ITEM #62329(Continued)
BACKGROUND
This operoting Pro forma has been developed by BARMAC, In<. at the request of the Virginia
Beach E<onomic Development Authority tor a to be constructed eighteen thousand five hundred
seat (18,500) Arena venue. Based in Houston, Texas, BARMAC, inc. is a twenty-seven year old
ompany that provides consulting expertise at all levels for pubii< assembly hcilities (arenas,
stadiums, convention centers, thea[res, performing arts centers and amphitheahrs.) BARMAC
provides opentions, ontrac[ negotia[ions, contract management, logistics, vent
pWnning/booking, patron services zupport, food/beverage/merchandising, marke[ing,
promotions, personnel development, feasibility studies, budget efficiencies, facility design
consulution/layout, and fa<iliqtion of industry conbc[s and relationships for venues. 7he client
list includes the Bridgestone Arena in Nashville, the eank Atlantic Arena in Ft. Lauderdale, loe
Robbie SWdium in Dade Counry, FL, the Miami Arena, the As[rodome, Reliarrt Stadium in
Hous[on (home of the Houston Tezans), Allphones Arena in Sydney, Aus[ralia (2000 Olympic
Arena Venue), Etihad Sndium in Melbourne, Australia (home to sevenl AFL teams) and [he
Gwinnett [enter in Gwinnett County, GA. Same of BARMAC's more recent clien[s indude
ARAMARK, the NHL Pittsburgh Penguins, Fittsburgh's CONSOL Energy Center, BASE
Entertainmen[ and the National Ho<key League Playen Association.
This Pro forma has been reviewed extenzively with members of the City of Virginia Beach's
finance and administrative departments, memben oi the Virginia Beach Economi< Development
Authoriry, and members of the executive and finance dewrtments of Comcast Spectacoy the
proposed manager/operator for the Arena. 7he event activity, attendance, revenue and
ezpenses conbined in this Pro forma are good faith estimates. Due to a variety of <ircumstanms
that could occur there is no guarantee that these amounts will be obbined.
ti I F. 41A .EhC BA?
u
Pro Forma Review: Prooosed 18.500 Seat Arena
? ooE ? ? ?
'r BARMAC
iz
November 13, 2012
-9-
CITY MANA GER'S BRIEFING
REVIEW OFARENA PROJECTIONS AND STUDIES
ITEM #62329(Continued)
Pro Forma Review: Prooosed 18.500 Seat Arena
hF° BARMAC
Pro Forma Review: Prooosed 18.500 Seat Arena
MINORTENANtOPE
RATI0N3
6-
u
BARMAC
November 13, 2012
-10-
CITYMANAGER'S BRIEFING
REVIEW OF ARENA PROJECTIONS AND STUDIES
ITEM #62329(Continued)
Pro Forma Review: Proposed 18.500 Seat Arena
?mwp?
m,x...cwea.ms,ms?x...b,e.e?.w.mwms ti-?e..e.?.e?sw?.=.n?r-remMa?wm.
,..,........ , ..,.»....'.,. ..a . .».. ....?
? ?.?. . ?,? , ?.,.w. ,... . ? .,....
li
n. ?. BARMA C
Pro Forma Review: Proposed 18.500 Seat Arena
?°- ..
..? ? , , .
r (=' BARMAC
` 16
November 13, 2012
-11-
CITY MANA GER'S BRIEFING
REVIEW OF ARENA PROJECTIONS AND STUDIES
ITEM #62329(Continued)
Pro Forma Review: Prooosed 18,500 Seat Arena
PART TIME INDIRECT STAFFING EXPENSE
ow?„i oa.,w
?.w s . .t , .eoo
ow.ma
s?m s i
t ?
: vinc n? ?? BARMAC
. 17 0-
Pro Forma Review: Prooosed 18,500 Seat Arena
r
s
s.mo
S +!? WJ
??n9zwle?neva ..
Cmqep:tiBaR?ae .. S ??? fcO.Ka..
f
£qpmeN??..AwNLme f ??.aW.
4CP??s,v+rMwa.?.iee?. 6.
rvun?PVUa?I+mutmm? S Y..oY?
Mnnuwaine.aoena S tmro]
6
Ireiem?ena S ?swv
Lsmqyy: .. ... S ? w.aa
f Tvca
L?on S ?.
r ?]8
BAMAC
November 13, 2012
-12-
CITY MANA GER'S BRIEFING
REVIEW OF ARENA PROJECTIONS AND STUDIES
ITEM #62329(Continued)
Pro Forma Review: Prooosed 18,500 Seat Arena
REVENUE AND EXPENSES
nu[
i oce?,uo?: ms a,?se +??5
enan?s
wcroui5 u,ws?w
m:5
.u2
.es5
sn5. .1&190BroJ ..
??B?saxnic5
slMSpmaw.W S .
gaign? 5
Nemin no5o,t?
Subfaul$ .. 5o,i5o,sos
. anmoeveoa ^? . em5 . .
Subioul t?32000 ... ....
EXPENSES
aee?n SuH$ ' 13.v1s.zaol;:.. .
no?<.e?iaeiareeP uir5 IarvRwl
s
xan<wntnelrtW --...?...-
ope• rses5 It.ele.W01
me15 I9.i3s,556?_
TOTALOPERaFd 5
Mayor Sessoms thanked Mr. McGee.
November 13, 2012
-13-
CITY MA NA GER'S BRIEFING
REVIEW OFARENA PROJECTIONS AND STUDIES
ITEM #62329(Continued)
Patti Phillips, Director- Finance, presented on behalf of Bill Rhoda, Principal, Convention, Sports and
Leisure International. Mr. Rhoda was scheduled to attend the meeting but due to transportation delays
will be participating via telephone conference.
Below are the topics to be covered in this Briefing:
TABLE OF CONTENTS
1. CSL FIRM INFO
2. DEMOGRAPHIC COMPARISON TO OTHER NBA MARKETS
(SCOPE ITEMS #1 & #2)
3. SELECTED VIRGINIA VENUES (SCOPE ITEMS #1 )
4. COMPARABLE NBA & NHLARENAS (SCOPE ITEM #1)
5. NBA OVERVIEW (SCOPE ITEMS #1 & #4)
6. ANALYSIS OF COMCAST-SPECTACOR/BARMAC PROJECTIONS
(SCOPE ITEMS #4 & #5)
7. ANALY515 OF KOCH ECONOMIC IMPACT (SCOPE ITEM # 6)
8. LITERATURE REVIEW (SCOPE ITEM #3)
9. REVIEW OF PREVIOUS CSL ARENA COMPARATIVE
FORECASTS (SCOPE ITEM #3)
November 13, 2012
-14-
CITY MANA GER'S BRIEFING
REVIEW OF ARENA PROJECTIONS AND STUDIES
ITEM #62329(Continued)
The charts below provides the firm 's background.•
.o.,,? ='?w,,,? ': ,molv C n._ver1,CUGengagemen:s
WE , FI R M IN EO ?NV NTIONS SPQRTS & nEiSURE fNTERNATIONtL ICSIi
d-o,-dp n I .2 .. l. . q. F .d.
.. It- y-e? - t tne sFc t ., r,a nir nc le sure
rssi?? wAh prcjert p.anniiiy
Credbliryinthe:narketF:ace
• Knowixdgeo!tzngibteanA intangibte
.ompor.eNS -
' EI; YNars of sp_citk ?po7s incustry
_o-ltir,, erpeneni.
ompr?hensive F°-'spectivx o( ivux;
rctients
• Maxi.n? notentlalrevan.:es
November 13, 2012
-15-
CITYMANAGER'S BRIEFING
REVIEW OFARENA PROJECTIONS AND STUDIES
ITEM #62329(Continued)
2.0 DEMOGRAPHIC COMPARISON TO
OTHER NBA MARKETS
(SCOPE ITEM #2)
NOTE: CLARITAS DATA PFOVIDED USES 2012 PROJECT/ONS FROM 2010 CENSUS
November 13, 2012
-16-
CITY MA NA GER'S BRIEFING
REVIEW OF ARENA PROJECTIONS AND STUDIES
ITEM #62329(Continued)
Virginia Beach stands out as a competitive market as the City does not have a major franchise.
Population per Franchise Comparison - NBA & NHL Markets ?
. . .?..
,"m,•, _
??
60-minute Drive Time Population - U.S. NBA Markets
io[en?lal Reloailon Merkets
M1Lrket Natiis atlm
ANPHEIM 30 91)6600
SEAinF ? 616 338
NANSASCITY OU ??:2018316
NSVEGAS 40 .:.._395U133
LOUISVILLE
November 13, 2012
-17-
CITYMANAGER'S BRIEFING
REVIEW OF ARENA PROJECTIONS AND STUDIES
ITEM #62329(Continued)
Median Household Income - NBA & NHL Markets ?
a¢e (rve?M? ????+1
ax Ixen uxrrm.tee)
mw-
N/n $52,5
N/n
N/A
VILLF N/P
Adjusted Median Household EBI - NBA & NHL Markets ?
Effecttve buytqg lxome (EBI) is..
defined os : an indWWua/ s'
disposabte income ]ess alf'
yovemment tqxes. EB! k i6m...adjusted Jor tost of 17ving. lodex.to establisll AdJns[ed EBI.
.mM+
November 13, 2012
-18-
CITY MANA GER'S BRIEFING
REVIEW OF ARENA PROJECTIONS AND STUDIES
ITEM #62329(Continued)
Corporete Inventory per Franchise - NBA & NHL Markets
....?.?- -
Mr. Rhoda stated that the market itself is consistent with other single market tenants when you take into
consideration the lack of competition.
Demogrephic Comparison Summary - NBA & NHL Markets I
November 13, 2012
-19-
CITYMANAGER'S BRIEFING
REVIEW OF ARENA PROJECTIONS AND STUDIES
ITEM #62329(Continued)
Excluding the John Paul Jones Arena, this area misses top 200 events in the country.
Selected Virginia Venues Summary
Emnts
.mbl _ =M1owa _ Ewnts _
Sa
onz?unt nMlj'cx
olk /dmir
u?iren? a?n.s? i3
35 35
November 13, 2012
-zo-
CITYMANAGER'S BRIEFING
REVIEW OF ARENA PROJECTIONS AND STUDIES
ITEM #62329(Continued)
4.0 COMPARABLE NBA/NHL
ARENAS
(SCOPE ITEM #1)
Below are the comparable facilities:
Comparable Facilities Summary
naNane
AT&TC
Lantion
5 A ' l%
YeerOperied
1002
irolecfCart
$177W0000 E.dW
2014 Pro0ctCmt %VUbk %VrNete
$218000000 69% 31%
Nnw C OI d FL 2010 5480000000 $509000000 8) 13
5P' C K C'N MO 200) 5?2)6000000 1308000000 ]'/ 33
Ch k E lv Okl h Oty, ON 2002 $193700W0 Il l $14B000000 100 0
Bd A N h-II TN 1996 $15J600000 $233000000 ]00 0
NF<V C L-11 1O10 $349000000 5370000000 SC 66
CONSOIE C G b h PA 1010 $321000000 $301000.000 93 )
N\' 'tl A C 1 ON
W ]000 5138300000 $186000000 0 100
T CbIN Ch I
NC 2005 $365W0000 $314000000 87 13
B k lif F'eldh I tl' I' IN 1999 $2110000D0 $29<000000 68 32
FetlEvF M h' TN 2004 $150000000 $306000000 8] 13
N 01 N N 01 lA 1999 $112000000 $156000000 90 10
?i) uneerwen? a 5103.5 miii?o? renwa?ion in xOtt
November 13, 2012
-21-
CITYMANAGER'S BRIEFING
REVIEW OF ARENA PROJECTIONS AND STUDIES
ITEM #62329(Continued)
Comparable Facilities Summary (cont.)
Arena Name T W Tolal NeWs
AT&TC 5 A - 5 INBA15 nMton'o51ver51ars(WNBAI SanAntonloRamva&e1AH ll 14J
A C O I d M p' INB/+1 01 d F ed (RFI) Olando5olarBearslECHt) 1)4
5 C N WA
Ch p k E A Okl h C' Th d INBA 115
B'd A N h'll V ed INHLI SOC
NFCY C L 'll C d' I Ahl INCM) , 244
fONSOLE C F'tt b hP INHLI Pb hP werl/+F11 153
N -d H C I b BI 1 k INHL) L77
T W C bl N Ch I B 6 INB/1 Ch I Ch k IAHII 163
B k L'f F' Idh I d' P ?NBA1 I d' F IWNBAI 104
Fed6F M h' G' I' INBaM h' T' INCM? 101
N OI A NewOI H H LPA1 Ne OI V d IAFLI 91
November 13, 2012
-zz-
CITYMANAGER'S BRIEFING
REVIEW OF ARENA PROJECTIONS AND STUDIES
ITEM # 6232 9 (Co n tin u ed)
NBA Average Paid Attendance
Poidattendanccdoes .
•?.•M.? "90° noifndudesuftemler, ;
<^^4°°° 10'°° butYrginioBeach
. .
preleclions arc
=lndusive oJwite seats
Average NBA Ticket Price Based on Gate Receipts and Paid Attendance
?.. s?.
? ..? s„sss
?•,„•? sw
.. . m t.?
.?. .?. ?? s.:H .
?„ ... ? a
?.w. . . ... _. .. _ . . . _ . .
sos:e-s•o s.o sw s?? s?:o s?e
•AVem9 txckei price f.rVilginia Beach is d pated ro
Sl0•00 ro motch prices of2013 NBA smson
November 13, 2012
-23-
CITY MANA GER'S BRIEFING
REVIEW OF ARENA PROJECTIONS AND STUDIES
ITEM #62329(Continued)
Premium seating is an important factor and the City is right in line with the averages.
NBA Arena Premium Seating I
NBA Arena Naming Rights I T?=
I The joflowing cAart oudines noming rlghts cantracts for many of the NeA-onty arenas .
(PNCis NHi-only, shown jor reyional mmporison)
..,., ....?.a ,a. ...?..a
??. ,..,?n . _ ? ? _ ?.a,. ??.,•? ?.a.. m..,•?
November 13, 2012
-24-
CITY MA NA GER'S BRIEFING
REVIEW OF ARENA PROJECTIONS AND STUDIES
ITEM #62329(Continued)
NBA/NHL Market - Suite Penetration Analysis I
NBA/NHL Market - Club Seat Penetration Analysis ?
November 13, 2012
-25-
CITY MANA GER'S BRIEFING
REVIEW OFARENA PROJECTIONS AND STUDIES
ITEM #62329(Continued)
High numbers are expected with a new team coming to the City and could even be low in model numbers
with premium seating.
Analysis of Arena Projedions
Variables Discussion Commenfs
Attendance Projec[ed paid attendance of 16,000 per game is There should be an
higher than the NBA average, but includes suite expe<ted spike in attendance
sales.Theaveragepergamepaidattendance duringthefirstfewyeanof
has been around 14,000 in re ce nt yean excluding oouration, but attendance levels
c Id stabiliie around the NBA
suite sales. Difference in estimates impact team average over time.
Revenues more [han owner revenues. In markets
milar to Virginia Beach, paid attendance (ezcluding
suite salez) is: New Orleans (11,986), Orlando (16,359),
Memphis (8,688), Oklahoma City (15,963).
% Revenue Allotations A lease would have ro be negotiated to The recommended revenue
determine revenue allocatlons. allo<ations all depend on the lease
struc[ure, which iz to be negotiated.
Building Expenses /1 key observacion regarding projected builAing Expenzes are reasonable when
expenses is the projected event load compared considering similarsized arenas.
to the amount of projecced costs. Projected
utilities are an eXpense category [hat should be
especially monitored as a higher utiliry enpense
would need ro account for the larger number of
projec[ed events.
November 13, 2012
-26-
CITY MANA GER'S BRIEFING
REVIEW OF ARENA PROJECTIONS AND STUDIES
ITEM #62329(Continued)
Analysis of Arena Projections L"'__
vo? com
p o-ps/NamirgPi9ha aa sMCesu
be5<s na s ip e e??eorna g
siisMdvn?9K'??.a oµ5a,o
?In 3012 ao11ars1 m x ng?lerenan NBn n?liemgx.
vrcmwm Swtiny
qKn,y a Noae?uxtmen?nemea
m.Y?norv . rvoda,?.?me???.ee.e
ry?cMo
parN[zueusVana ao iogefbo?es? ro?neub
EveM(eveb < <rve-ionsnaie
^'M e Oilirymanranevmn
{oMertTnun?unm?PMr? Bx? e tmmvettbn
as w 9e nrertuvaclryinM1 mus[beronsieere.
FoaEpnEBevnage oodanEbeverageprolKnansarereamnade NoatlNStmm[neNeE
MsrthanJise MerclunEiuprojectlonsarereawnable. NoaEjuzMentneeded
ikkefRitts Vrojtt(etlti- pricesare<omishn[wiqleague Noadjus[mentneeded
averages
7.0 ANALYSIS OF
ECONOMIC IMPACTS
(SCOPE 1TEM5 #3 #6)
November 13, 2012
-27-
CITY MANA GER'S BRIEFING
REVIEW OF ARENA PROJECTIONS AND STUDIES
ITEM #62329(Continued)
Mr. Rhoda advised the numbers from Dr. Koch may be a little low as the team revenue was not
considered.
Analysis of Economic Impact Study
• An economic impact study was
completed for the City by Dr.lames V.
Koch
• The study relied on the project's revenue
estimates provided by Comcast- ;
Spectacor. These projections will have a ?
direct effect on the outcome of the -
economic impact for the city and region.
Analysis of Koch Economic Impact Study
• The Koch analysis focused on the one-time
impacts of the construction period as well as the
on-going impacts from the arena
• It was uncertain to what extent the impacts from
other team operations were included in the
analysis
• The impacts were only shown for the Hampton
Roads region and then an estimate was
developed specifically for the City of Virginia
Beach
• The analysis estimates the total direct spending in
Hampton Roads at $66 million with total output
of $98 million and 1,230 new jobs; net new
annual fiscal impacts to Virginia Beach were
projected at $5.2 million
• The spending estimates in the Koch analysis
appear reasonable and may be low assuming the
analysis does not capture ali team operations
n?k: econrnnc ?nir?cr
(14' T?14. PROMI?i'.? \Iif.\A
1\ l-1HGlili NF:AC'H
a?4,
November 13, 2012
-28-
CITY MANA GER'S BRIEFING
REVIEW OFARENA PROJECTIONS AND STUDIES
ITEM #62329(Continued)
Operetions Impacts from CSL
'The following chart shows enimated economic.tmpac[s'.
'from annual operations using.,.(SL International's `T°v1OOro'?
methOdOlOyy --i 20-YearNPV
Annual o erational im acts would include direct s39aaoa,ooo ss,o?o,sos.aoo
P P NetNew SIS1,144,000 $2.318.636,000
spending of $92 million for the City of Vv'irginia
Beach and $152 million in total output. 1,900 jobs
would be created that would be supported by $61
million in eamings. New local annual tax revenue ^^^?W 2ov- Nrv
^ia
net of disalacement would total $8.9 million. ?•??= 4,e70
Net New 1,910 n/a
....DirettS e?Mln
.. annuoi HFYearNPV ?Effects a-uoi zoxeorNrv
Gross $236,325,000 $3,E01,531,n00
NetNew 592.3]B,OOD $1,407,819,- Gioss $119,916,000 $1,827,488,OW
Net New $6f1,694,000 5924,954,000
.. .tax
Annual IO.Y- NFV
Grass $12,665,000 $196,065.000
NetNew B,89],OW 335,593,000
• Most of the opposition from the financing of public assembly venues comes from a select set of
individuals
• Sports facilities have proven to provide "net new" spending in a defined area (city, county,
state) through visitors spending in the area if the facility did not exist
• Often they provide no specific data which can be used to evaluate reasonableness of the the
various impact analyses
• Some of their concerns are legitimate and require adjus[ments to data to reflect "neY" new
estimates
• One specific and accu2te concern of academic individuals is that government ezpenditures on
stadium and arena su6sidies carry opportunity costs which are never addressed
• The Heritage Foundation study (Utt) fails to consider other economic factors (crime,
unemployment rates, national economic policies, etc.) that may have contributed to the
declining economy
November 13, 2012
Review of Literary Criticisms of Sports Facility Impacts I'"
-29-
CITY MANA GER'S BRIEFING
REVIEW OF ARENA PROJECTIONS AND STUDIES
ITEM #62329(Continued)
American Airlines Center Economic Impact Case Study
• CSL International was retained in 2006 to estimate
the economic and fiscal impacts related to the BEFORE CONSTRUCTION
operation of the American Airlines Center and the W°i
emerging Victory Park real estate development. ?iQ
The impacts associated with the AAC and Victory
Park significantly exceeded the City's expectations.
In 1997, the City of Dallas commissioned an
economic impact study in order to determine the
potential impacts of the AAC and Victory Park.
• The bonds for the American Airlines Center were
scheduled to retire in 2027, but instead retired qFFER CONSTRUCTION
early in 2011.
The table below compares the 1997 projections
with the 2006 study.
1997ProjeRions 20065tu
Jobs 8,100 11,000
City&LocalTaxRevenues $llmillion $20million
AnnualTotalEconomicActiviTy $752million $10billion
American Airlines Center Economic Impact Case Study I ,?^=
BEFORE CONSTRUClION
November 13, 2012
-30-
CITY MANA GER'S BRIEFING
REVIEW OFARENA PROJECTIONS AND STUDIES
ITEM #62329(ContinUed)
American Airlines Center Economic Impact Case Study I
Mr. Rhoda advised 90 to 95% of all studies CSL has completed have exceeded their projections.
MayoY Sessoms thanked Mr. Rhoda for his participation today.
November 13, 2012
AFTER CONSTRUCTION
-31-
CITY MANA GER'S BRIEFING
YMCA - PRINCESS ANNE COMMONS TERM SHEET
4:33 P.M.
ITEM #62330
Mavor Sessoms introduced and welcomed Barbara Duke, Parks und Recreation. Ms. Duke Briefed Ciry
Cozincil re:
??
e ? .?.? < , -
., ?
{ ?r
_--- -
-??
- Project Partners
r?rW18
T41Q'.?w: ?CtiL)
{A?tRt,?-/'i? ? tk
tP1elr
Novernber 13, 2012
-32-
CITY MANA GER'S BRIEFING
YMCA - PRINCESS ANNE COMMONS TERM SHEET
ITEM #62330(Continued)
?p roject Goals and Benefits
_Z° The YMCA meets the need for an indoor community
recreation facility for the surrounding neighborhoods for
the next decade or more.
The 50 meter pool will provide new opportunities for
regional meets and Olympic training.
<s The project compliments existing team-oriented athletic
venues at Princess Anne Commons and also adds
opportunities for individual fitness and family activities.
The project will generate increased visitation and visibility
for Princess Anne Commons Athletic Village.
4
November 13, 2012
-33-
CITY MA NA GER'S BRIEFING
YMCA - PRINCESS ANNE COMMONS TERM SHEET
ITEM #62330(Continued)
YMCA Project Terms
The term sheet for this project was executed on June
1,2011.
The YMCA is now requesting revisions to the terms
listed in the June i, aou agreement.
The Property is currently owned by the City and has
not been transferred to YMCA.
Ms. Duke advised the YMCA is asking for revisions to the term sheet.
? YMCA Original Project Terms
June i, aou Term
A The YMCA will construct and operate a community
facility to offer recreational and educational programs
and services to the community. The Project will be
approximately 40-45,00 square feet and the estimated
construction costs are $io,ooo,ooo (this includes
construction of the pool). Preliminary site plans are
attached as Exhibit B.
November 13, 2012
-34-
CITY MANA GER'S BRIEFING
YMCA - PRINCESS ANNE COMMONS TERM SHEET
ITEM #62330(Continued)
Original Project Plan
qi,ooo squarefoot
YMCA building with -?_
indoorpool
?,.. ?. , f,. .
r?
i gometercompetition , ?Q`
pool with architectural
membrane
Outdoor sprayground
that will share bath
house facilities with 50 meter pool
Outdoor shelter and - ?
play area -
Billy George, President - South Hampton Roads YMCA, advised they need more time to raise money.
The group has raised approximately $400, 000 this past Summer, plus $60, 000 just this past week. In
order to move fonvard on this project, the group needs to raise $1-MILLION.
, _ .. . ??
YMCA Revised Praject Terms
Praposed Term Revision
aa? The YMCA is requesting a revision to the Project Plan. The
initial phase of the project will now include a 35,000 square
foot YMCA building with an outdoor pool, shelter, play area
and the outdoor 50M competition pool.
e=The enclosure of the YMCA pool, the outdoor spray ground
the architectural membrane for the 50M competition pool
and it's bathhouse are no longer part of the initial phase.
There is no construction timeline for these items.
n
November 13, 2012
-35-
CITY MA NA GER'S BRIEFING
YMCA - PRINCESS ANNE COMMONS TERM SHEET
ITEM #62330(Continued)
Proposed Praject Plan
35,00o square
footYMCA = k ?;
building with -
outdoor pool
Outdoor go meter
r nz e
competidonpool a
Outdoor shelter
and play area
1?R1\(p '
ss A
h
Completion by wY?:
?
e Co?MO-vs Yh1Cq
"I
....
V(1kJ
June 2015
YMCA Project Terms
june i, ao?i Terin
aae The project shall include
a fifty (50) meter
competition pool. The
pool shall be covered by an
architectural membrane or
similar material able to
withstand sustained winds
of at least uo miles per
hour.
Praposed Term Revision
ifry (50) meter
ss The f
competition pool will be
constructed as an outdoor
pool.
November 13, 2012
-36-
CITY MANA GER'S BRIEFING
YMCA - PRINCESS ANNE COMMONS TERM SHEET
ITEM #62330(Continued)
YMCA Praject Terms
June i, aaii Teran
If the YMCA has not
begun construction on
the Project(including the
pool) by December i,
zoiz, the title to the
Property may, at the
City's option, revert back
to the City at no cost.
Praposed Rezision
??- The YMCA is requesting
a 6 month extension to
start construction by
june i, 2013.
Construction end date
will be set at June i, 2015.
N-
1101?;? ? ? -
_>
. ,. -
a9 ,
.??.
? N ext Ste ps
November 27, aoiz
a< City Council vote to revise term sheet.
ianuary - June 2913
?-° DevelopmentAgreement is drafted between City and YMCA
»I6 Development Agreement brought to City Council for consideration
property transferred to YMCA
Permit approval and construction
une 2015
°9s Construction complete
Mayor Sessoms thanked everyone working on this Project.
November 13, 2012
-37-
CITY MANA GER'S BRIEFING
REAL ESTATE ASSESSMENT AND
COLLECTION SYSTEM PHASE II
5: 03 P.M.
ITEM #62331
Mayor Sessoms introduced and welcomed David Hansen, Deputy City Manager.
ry.?htA BF.?t?i ?
f{taII? `?'`
Revenue Assessment and Collection System
ey
4J
RACS P h a se 11
Business Revenue, Personal Property &
Miscellaneous Receivables
City Council Technology liaisons
Bill DeSteph
Glenn Davis
Decision Briefing for City Council
DCM Dave Hansen
13 November 2012
Mr. Hansen provided the "Bottom Line Up Front" regarding this project in the below slide.•
BLU F
BOTTOM LINE UP FRONT
> In 2001 we committed to a buy strategy to create an integrated Tax Assessment
& Collection System
i In 2003 CIP 3-200 was scoped and $11.5M appropriated to date
? Nine years later we have completed Phase I of the requirements (Real Estate) and
though the Assessor applications are func[ioning very well the Treasurer product
is less than satisfactory
: We need to create Phase II & Iil solutions (BUSiness Revenue + personal Property
as well as all other Miscellaneous revenues)
:Staff conducted a thorough analysis of the industry and issued an RFP followed
by an exhaustive evaluation to arrive at a preferred vendor
i We wrrently have $2.85M remaining which is insufficient to complete a
modernization strategy for BR &PP
i The RACS Advisory Board recommendation is to remain with a buy strategy,
reprogram current technology CIP funds, negotiate the best & final, award
contract and implement new Phase II
November 13, 2012
-38-
CITY MANA GER'S BRIEFING
REAL ESTATE ASSESSMENT AND
COLLECTION SYSTEM PHASE II
ITEM #62331(Continued)
Project Funds Analysis Summary
Item Amount
CIP 3-200 : Revenue Assessment & Collections System $11,924,799
[2001 - Current]
i
CIP 3-615 : BR/PP RACS Implementation [2010 - Current] $952,000
Minus Program Ezpenditures ($9,923,787)
RemainingAvailable Funds $2,953,012
Minus BR & PP Analysis and RFP Expenditure ($101,185)
CurrentBalance $2,851,827
Summary of COA Costs
Estimation = 24 to 36 Month Implementation
Course of Action Year 1 Costs Year 2 Costs Year 3 Costs Total Costs
1 Sustrm Legacy Mainframe and S488',240 $488,240 . . $494,640 : $3p71,120
Departmental.Applications . . . . . .
2. Appropriate additional funds for ? $5,721,171 ... ... $5,721,171
u4on
COTS sol
3. Phased.EOntract for.COTS Solutron
w/ Breakpomts . .. . . .
3a. Base sys[em then build out $3,158,156 S2,727,297 $1,316,120 $7,201,573
3h.EStabiishFoundatianFnst $1,746,117 $2,933,034 ..$2,522,460 :. $7,103,611.
3c. Phase by Revenue Type $2,575,329 $2,775,124 $2,047,707 $7,398,361
3d. Start small $2,114,218 $2,860,704 ;. ? $2,600,516 . $7,575,438
4. In Hause Development
4a. Exrsting caAaciry Pluz $2,944.927 $2,944,927 .$2.944,927 . $8.834,762?
FTE:contraCted.labOY SpI1C
4b.Ezisting capacity pluz 100% $3,891,153 $3,891,153 $3,891,153 $11,673,461
ontracted labor
5. T nsformaHon of legacy systems $917,351 $1;891,353 -'. TBD $2,806,704November 13, 2012
-39-
CITY MANA GER'S BRIEFING
REAL ESTATE ASSESSMENT AND
COLLECTIONSYSTEMPHASE II
ITEM #62331(Continued)
Course of Action Assessment
Courses of Action Risk Assessment Satisfaction Rating
.._... ..... _.._. _,.. _._._
1. Maintain Curtent F' C
2. Award Contract B A
.{-
3. Phased Contract Award - D- 6
4. Build Solution In-House C B
5. Tronsform Legacy Systems e D
Mr. Hansen advised if the City does nothing eventually the tax laws will change and, in turn, we will not
be able to make changes to our current software.
Staff recommendation:
r Course of Adion #2 - Authorize additional funding,
negotiate a Best and Final, award COTS solution to preferred
RFPrespondent
Rationale:
• Customer preference - plausible solution
• Deployed throughout Virginia-accepted by multiple localities
• Maintains the City's `buy' strategy
• Vendor has a history of good production support
• Vendor is converting to a web based environment
November 13, 2012
-40-
CITY MANA GER'S BRIEFING
REAL ESTATE ASSESSMENT AND
COLLECTION SYSTEM PHASE II
ITEM #62331(Continued)
COA 2- Appropriate additional funds for
COTS solution
Costitem TotalCosts
Base software cast .. : . . $1;591,420
Vendor Implementation Services $1,183,900
F rst year of Produttion ongoing support . .. . $248.868
5416,298
Software customization (15%6asesoftware+services)
TOTALUENDORPROIECTCOSTS . .. . .$3,440,456
Software Development($105/hr/mnsulWnt X 3300 hours) $346,500
Server/System Saftware costs . $92,331
Offi<e staff(customer) augmentation: temporary during project COR & TRO - 2 PT
staff for each office $280,000
ComlTProject staff: T a FTE for development, implementation andapp sus[air?meM
(SA II7 =$104,404/yr). Rbject requ re:ment = 2 years plus conversi on to operational'.
fundmg.post go-trve. . . . . . .. $417,600
quality Assuran<e Oversight (1 x fTE Ciry Audi[or)
TOTALC(TYaROJEETC057S . . ',$1,136,451
CONTINGENCV (25%ofTOtalprojectcosts) $1,144,234
TOTAL PROJfCT COSTS ': . .. $5,723,171
Balance needed to Negotiate a BAFO is $2•9M
Resource Options
1. FY12 End of year funds
2. Substitute FY13 CIP funds:
:- FROM: CIP 3-142 - Public Safety Broadband
• Due to legislative changes this project cannot be
started this year
• Funds available for transfer: $7.SM
• Funds will need to be restored in FY14
l TO: CIP 3-615 BR/PP RACS Implementation
November 13, 2012
-41-
CITYMANAGER'S BRIEFING
REAL ESTATE ASSESSMENT AND
COLLECTION SYSTEM PHASE II
ITEM #62331(Continued)
RACS Phase il Next Steps
1. Guidance from City Council
2, Conduct BAFO with Vendor
3. Finalize Award Costs
4, Receive Balance to Complete
5. Award Contract
6. Establish Project Timeline
RevenueAssessment
' &
.,
.?.%`Collection System
?vv
Clty COU11C11
Questions & Discussion
Business Revenue & Personal Property
Mayor Sessoms thanked Mr. Hansen.
November 13, 2012
-42-
CITY COUNCIL LIAISONREPORTS
S:ZIP.M.
ITEM #62332
Councilman Uhrin and Councilman Wood provided the following reports regarding HRT that are made
part of this record. Mr. Uhrin also advised the Convention Center Bureau conducted a study recently
regarding the events people are attending when using Light Rail. The study shows the average overnight
stay incYeased by 50% and people stated they would use Light Rail to visit neighboring cities.
November 13, 2012
-43-
CITY COUNCIL COMMENTS
5:26 P.M.
ITEM #62333
Cozcncilman Moss requested information on Medicare now that Healthcare is not going to be repealed,
both on a state and local level.
ITEM #62334
Mayor Sessoms advised Admiral Gortney's reception on the 19`h and asked that everyone respond to the
invitation.
Also, the City is celebrating its 5e Anniversary next year and it is going to costs approximately $200, 000
to host events throughout the year. The Sister Cities Association of Virginia Beach has been authorized
$50, 000 for a"Sister City " event.
November 13, 2012
-44-
AGENDA REVIEW SESSION
5:28 P.M.
ITEM #62335
BY CONSENSUS, the following shall compose the CONSENT AGENDA:
J. ORDINANCES/RESOL UTIONS
1. Resolution REQUESTING SUPPORT of the Virginia Beach Delegation for the 2013
Legislative Agenda and City Council's goals and objectives
2. Resolution REQUESTING the Virginia Department of Game and Inland Fisheries to
AUTHORIZE the City to DESIGNATE, POST and ENFORCE a"No Wake Zone" on
a portion of the Lynnhaven River
3. Ordinance to AUTHORIZE the City ManageY to EXECUTE a lease with AEN, LLC,
d/b/a Smart Coffee re Coffee Shop located within the Meyera E. Oberndorf Central
Library at 4100 Virginia Beach Boulevard
4. Ordinance to AUTHORIZE temporary encroachments of City-owned property known as
Island Lake for MYRTLE J. and JOHN F. DAVIS, II re remove pier/mooring piles and
construct and maintain a pier/boatlift at 2405 Broad Bay Road (DISTRICT S-
LYNNHAVEN)
5. Ordinance to AUTHORIZE the City Manager to EXECUTE the Phase V Development
Agreement and an Agreement SUPPORTING the Virginia Beach Development Authority
obligations under the Phase V documents and REQUEST VBDA to EXECUTE
supporting documents re Town Center Phase V
6 Ordinance DECLARING a Local Emergency re Hurricane Sandy
7. Resolution to ESTABLISHInter-Facility Care, LLC and AUTHORIZE re annual EMS
permit for private ser-vices
8. Ordinance to APPROPRIATE and TRANSFER a$30, 000 donation from Miyazaki City,
Japan re construction costs of the Azumaya and expansion of the Miyazaki Garden at
Red Wing Park
Item #1 - Chesapeake Beach item REMOVED; Extension of Absentee Voting ADDED; and the
Development Authority item shall be considered separately.
Councilman DeSteph and Councilman Moss shall vote a verbal NAY on Item #5
November 13, 2012
-45-
AGENDA REVIEW SESSION
ITEM #62335
BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA:
K. PLANNING
Application of BRAVA L.L.C., foY Modi acation of Conditions Nos. 1, 2 and 12 re a
parking lot at 2002 Pacific Avenue (approved August 23, 2011) and ALLOW
enlargement of the parking area (DISTRICT 6- BEACH) (Removed Modification #12)
2. Application of COLONIAL COLLISION CENTER, LLC, DBA Rick Hendrick Collision
Center for a Conditional Use Permit re automobile repair facility/garage at 2700
International PaYkway (DISTRICT 6- BEACH)
3. Application of ROBERT and RAMONA CASTNER for a Conditional Use Permit re
home daycare at 5236 Windsor Lane (DISTRICT 2- KEMPSVILLE)
4. Applications of ARCHANGEL ENTERPRISES, INC., at Maxey Drive and Virginia
Beach Boulevard (DISTRICT 6 - BEACH):
a. Change o Zonin from A-12 Apartment to B-2 Community Business
b. Conditional Use Permit re motor vehicle sales/service
5. Application of MPB, INC. for a Conditional Change o Zonin from AG-1 and AG-2
Agricultural to Conditional 0-2 Office at Princess Anne Road and Elson Green Avenue
(DISTRICT 7- PRINCESS ANNE)
6 Application of CITY OF VIRGINIA BEACH for a Floodplain Variance re parking lot
improvements at Little Island Park 3820 Sandpiper Road (DISTRICT 7- PRINCESS
ANNE)
Itein #S shall be deferred to December 4, 2012.
November 13, 2012
-46-
ITEM#62336
Mavor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS: Discussion, consideration of, or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specific public officers, appointees or employees pursuant to Section
2.2-3711(A) (1)
Council Appointments: Council, Boards, Commissions, Committees,
Authorities, Agencies and Appointees
PUBLICLY-HELD PROPERTY: Discussion or consideration of the,
acquisition of real property for public purpose; or of the disposition of
publicly-held property, where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the
public body pursuant to Section 2.2-3 711 (A)(3).
Acquisition/Disposition of City Property:
Princess Anne District
November 13, 2012
-47-
ITEM#62336 (Continued)
Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council voted to proceed into
CLOSED SESSION at 5:11 P.M.
Voting: 10-0
Council Members Yoting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
CouncilMembers YotingNay:
None
Council Members Absent:
John D. Moss stepped out
(Closed Session S: II P.M. - S: SO P.M.)
November 13, 2012
-48-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
November 13, 2012
6: 00 P.M.
Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH
CITY CDUNCIL in the Ciry Council Chamber, City Hall, on Tuesday, November 13, 2012, at 6.•00 P.M.
Coi.cncil Members PYesent:
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: Father Charles Brindle
Pastor, Church of the Ascension
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
Cofzstitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's
transactions. However, due to the size of TowneBank and the volume of transactions it handles,
TowneBank has an interest in numerous matters in which he is not personally involved and of which he
does not have personal knowledge. In that regard, he is always concerned about the appearance of
impropriety that might arise if he unknowingly participates in a matter before City Council in which
TolvneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne
Recalty, which is an affiliate of TowneBank. In ordeY 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 oY
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
MaYCh 24, 2009, is hereby made a part of the record.
November 13, 2012
-49-
Vicc Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank.
Three (3) years agq Fulton Financial Corporation ("Fulton Financial ') purchased Resource Bank. On
Mai-ch 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a
Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a
"personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of
trartsactions 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 whiclz Vice Mayor Jones has no personal
knowledge. In order to ensure his compliance with both the letteY 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
appYOpriate 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
tYaiisactions. However, due to the size of Dixon Hughes Goodman and the volume of transactions it
handles in any given year, Dixon Hughes Goodman has an interest in numerous matters in which her
husband is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her pYactice 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
Yecorded in the official records of City Council. Council Lady Wilson regulaYly 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 aff liation, the size of Prudential, and the
volume of transactions it handles in any given year, Prudential has an interest in numerous matters in
which she is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of Ciry Council for the
pufpose of identifying any matters in which she might have an actual or potential conflict. If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's Zetter ofJanuary 27, 2004, is hereby made a part of the record.
November 13, 2012
-50-
Iteni -VI-E
CERTIFICATION
ITEM #62337
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, Ciry Council CERTIFIED THE
CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Coitncil 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
Cozincil Members Absent:
None
November 13, 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 recorded in ITEM #62336 Page 46, and in accordance with theprovisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies
that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open
Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution
applies; and, (b) only such public business matters as were identified in the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach City Council.
Ycluth Hodges Fraser, MMC
Ciry Clerk
November 13, 2012
-51-
Itena -VI-F.1
MINUTES
ITEM #62338
Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council APPROVED the
MINUTES of the INFORMAL and FORMAL SESSIONS of October 23, 2012.
Voting: 10-0
Coz.cncil 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 and James L. Wood
Council Members Voting Nay.•
None
Coicncil Members Absent:
None
Council Members Abstaining.•
Rosemary Wilson (she was absent October 23, 2012)
November 13, 2012
-52-
Iteni -VI-H.1
MAYOR'S PRESENTATION
ITEM #62339
LIFESAVING AWARD - Commander poug Burkhouse
Adam Belcher
.Iames Bracy
Mayor Sessoms recognized Adam Belcher and James Bracy for their brave and selfless act on August 26,
2012, in saving the lives of a man from Massachusetts and his two children that were caught in a riptide
while swimming at the Oceanfront. Adam and James heard the cry for help and immediately knew the
family was caught in a riptide. The two swam towards he family thYOwing their body boards to them and
was able to swim them to shore.
Duc to the gallant and rapid response in this critical life saving situation, Adam Belcher and James
Bracy are declared "Virginia Beach Life Savers ".
November 13, 2012
-53-
Iteiii -VI-I.1 PUBLIC HEARING
ITEM #62340
Mavor Sessoms DECLARED A PDBLIC HEARING:
PROPOSED CITY CHARTER AMENDMENT
Debt Issued by Virginia Beach Development Authority
There being no speakers, Mayor Sessoirts CLOSED THE PUBLIC HEARING.
November 13, 2012
-54-
Iteriz -VI-I.2
PUBLIC HEARING
ITEM #62341
Mayor Sessoms DECLARED A PUBLIC HEARING:
PROPOSED "NO WAKE" ZONE
Lynnhaven River, Long Creek and Keeling Drain
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
November 13, 2012
-55-
Iteni -VI-I.3
PUBLIC HEARING
ITEM #62342
Mayor Sessoms DECLARED A PUBLIC HEARING:
LEASE OF CITY-OWNED PROPERTY
Meyera E. Obernodorf Central Library re Coffee Shop
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
November 13, 2012
-56-
ADOPT AGENDA
FOR FORMAL SESSION ITEM #62343
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
November 13, 2012
-57-
Item -VI-J
ORDINANCES/RESOL UTIONS ITEM #62344
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, IN ONE
MOTION, Items 1(REMOVED CHESAPEAKE BEACH ITEM/ADDED EXTENSION OF
ABSENTEE VOTING ITEM/ EXCEPT THE DEVELOPMENT AUTHORITY ITEM, WHICH
SHALL BE CONSIDERED SEPARATELY), 2, 3, 4, S(Councilman DeSteph and Councilman Moss
shall vote verbal NAY), 6, 7AND 8.
Yoting: 11-0 (By Consent)
Cozincil 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
Coiincil Members Absent:
None
November 13, 2012
-58-
Item -VI-J.1
ORDINANCES/RESOL UTIONS ITEM #62345
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, (REMOVED ITEM CHESAPEAKE BEACH ITEM/ADDED EXTENSION OF
ABSENTEE VOTING ITEM), Resolution REQUESTING SUPPORT of the Virginia Beach Delegation
for the 2013 Legislative Agenda and City Council's goals and objectives
Voting: 11-0 (By Consent)
CoiincilMembers VotingAye:
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
Coisncil Members Absent:
None
November 13, 2012
1 A RESOLUTION ADOPTING THE CITY'S 2013
2 LEGISLATIVE AGENDA
3
4 WHEREAS, the City Council traditionally adopts a Legislative Agenda and
5 requests members of the City's local delegation to the General Assembly sponsor
6 and/or support legislation therein; and
7
8 WHEREAS, the City Council has considered a number of goals and objectives
9 for inclusion in the City's 2013 Legislative Agenda.
10
11 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA:
13
14 That the City Council hereby adopts the City's 2013 Legislative Agenda, which is
15 attached hereto as Exhibit A and is hereby incorporated by reference.
16
17 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
18 BEACH, VIRGINIA:
19
20 : That the City's Delegation to the General Assembly is hereby requested to
21 sponsor and/or support legislation in the 2013 Session of the General Assembly that
22 would carry out the goals and objectives of the City as set forth in its Legislative
23 Agenda.
24
25 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
26 BEACH, VIRGINIA:
27
28 That the City Clerk is hereby directed to transmit a copy of this resolution to each
29 member of the City's local Delegation to the General Assembly.
30
31 Adopted by the City Council of the City of Virginia Beach, Virginia, this 13th
32 day of November , 2012.
APPROVED TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
City Manager's Office
IXI- ,
Z---
City Attorney's Office
CA12468 R-1
November 6, 2012
LEGISLATIVE AGENDA
GENERAL ASSEMBLY SESSION 2013
Adopted: November 13, 2012
Originally submitted to City Council: October 5, 2012
a?'s^?,
Legislative Agenda
?. ?
General Assembly Session 2013 1:
PREFACE
As we approach the upcoming 2013 General Assembly Session, we are aware of several issues that
need to be addressed. Although the Commonwealth has ended the fiscal year with a relatively
small surplus, K-12 Education is funded at approximately the same level as in 2008. Another
financial concern is the repayment of the Virginia Retirement System (VRS) fund debt. Among a
multitude of other issues, is the unprecedented requirement that the General Assembly has placed
on localities to provide local aid to state governments in the amount of over $50 million a year.
During the 2012 session, the General Assembly did attempt to address the long-term financial
stability of the VRS. Those changes will certainly assist making VRS more financially viable in the
out years. However, it will have a relatively small impact for the next decade and beyond. Still, the
General Assembly is to be congratulated for this effort.
The General Assembly has yet to address the issue of transportation funding with a stream of
reliable revenue enhancements. Certainly, tolls will have to be part of transportation financing
moving forward. However, the pushback from the public over the Elizabeth River Crossing
Project, the proposed tolls on I-95 in Southside, and the doubling of tolls on the Dulles Greenway
to pay for the Metrorail extension in Northern Virginia, show tolls are not the only solution. The
City has been working with the Urban Crescent localities to identify the needs for transportation
funding. This effort has provided evidence that 80% of the income tax and sales tax is generated
from a relatively small portion of the state. This area has a crumbling transportation
infrastructure, which is demonstrated to the extreme in the state of repair of the interstate system
in Hampton Roads and the lack of capacity coming in and out of the region, the need to improve
major facilities, such as I-264, the widening of I-64 on the Peninsula, providing additional
crossings in Hampton Roads, I-64 in Chesapeake from Battlefield Boulevard to Bowers Hill, and
multiple other projects. In our best years, Virginia Beach received up to $30 million a year for the
urban road program. This money went to constructing urban roads, such as London Bridge Road,
Dam Neck Road, and Birdneck Road. Today we only receive funding from the Commonwealth for
local road maintenance. As we have discussed in the past, roadway maintenance statewide costs
increase by $50 million a year. A one-cent increase in the gas tax would provide $50 million per
year. Also, there is over $500 million currently being diverted from the construction fund to pay
for maintenance as required by the Virginia Constitution. Thus, it would take an increase of ten-
cents per gallon in the gas tax to restore funds taken from construction and used for maintenance.
Also, unless the gas tax is indexed for inflation, the process of the $50 million increase in
maintenance cost absorbing dollars from the roadway construction accounts would continue.
b
.,-
Legislative Agenda
General Assembly Session 2013 1,
City Council has specific requests regarding transportation as part of their legislative agenda that
will require a multitude of revenue enhancements in order to provide the transportation system
that the Commonwealth must have to compete in the global economy and to promote vital tourism
efforts in Virginia Beach and throughout the state.
Finally, the City remains appreciative of the Governor's funding of the Commonwealth's $7.5
million share of the Base Realignment and Closure (BRAC) program. In agreement with the
Commonwealth, we believe we must keep our commitments and maintain positive momentum we
have jointly built with the military. Through a resolution, City Council has previously requested
funding in the amount of $7.5 million for the second year of the biennium.
City Council wishes the very best for the General Assembly Members during the upcoming 2013
session as they make decisions that will affect all Virginians and influence our future prosperity.
4 y
?
-?v.. /'
CONTENTS
Pref 3ce
CITY OF VIRGINIA BEACH - CITY COUNCIL
Legislative Agenda
General Assembly Session 2013 1 i
2
7
CITY OF VIRGINIA BEACH - GENERAL ASSEMBLY DELEGATION 7
CIT'? OF VIRGINIA BEACH - CONGRESSIONAL DELEGA TlON 8
City of Virginia Beach Requested Code Changes 9
1. POST LABOR DAY OPENING FOR SCHOOLS 9
Sponsored by Council Member John E. Uhrin
2. EXPANSION OF THE VIRGINIA HUMAN RIGHTS ACT 10
Sponsored by Mayor William D. Sessoms, Jr.
Requested by the Human Rights Commission (HRC)
3. EQUALIZATION OF LODGING TAXES 11
Sponsored by Council Member John E. Uhrin
4. SUSTAINABLE TRANSPORTATION FUNDING 12
Sponsored by Mayor William D. Sessoms, Jr.
5. MORATORIUM ON URANIUM MINING 15
Co-Sponsored by Mayor William D. Sessoms, Jr.
& Vice Mayor Louis R. Jones
6. AUTISM SPECTRUM DISORDER (ASD) INITIATIVE 17
Sponsored by Mayor William D. Sessoms, Jr.
7. REMOVE THE LYNNHAVEN AND THE ELIZABETH RIVERS FROM THE JAMES RIVER BASIN
FOR THE CHESAPEAKE BAY TMDL 18
Sponsored by Council Member Barbara M. Henley
8. DEED RESTRICTION RELIEF - CAMP GROM 19
Sponsored by Council Member John E. Uhrin
9. MINING SAND FOR BEACH REPLENISHMENT FOR CHESAPEAKE BEACH 20
(:'o-Sponsored by Vice Mayor Louis R. Jones
and Council Member James L. Wood
10. CLARIFICATION OF LOCAL WETLANDS BOARD
JURISDICTION
C"o-Sponsored by Vice Mayor Louis R. Jones
and Council Member James L. Wood
11. USE OF LOCALLY ADOPTED LIGHTING STANDARDS ON
STATE/FEDERAL FUNDED ROADWAYS
Sponsored by Council Member Barbara M. Henley
12. ACCESS TO THE PRESCRIPTION MONITORING PROFILE
Sponsored by Council Member James L. Wood
13. TRESPASSING
Sponsored by Council Member James L. Wood
14. PROPERTY TAX CLASSIFICATION FOR MOTOR VEHICLES
LEASED TO THE CITY AND CONSTITUTIONAL OFFICERS
Sponsored by Council Member John D. Moss
15. TRANSPORTATION FUNDING DOUBLE LOCKBOX
Sponsored by Council Member Bill R. DeSteph
16. REVISE FOIA EXEMPTION FOR PARKS AND RECREATION
Legislative Agenda
General Assembly Session 2013 1 `
21
22
23
24
25
27
28
RECORDS TO PROVIDE BETTER PROTECTION FOR JUVENILES
Sponsored by Council Member Rosemary Wilson
17. AMEND THE CODE OF VIRGINIA REGARDING PERMITS FOR 29
VE;HICLES WEIGHING MORE THAN 115,000 POUNDS
Sponsored by Council Member James L. Wood
18. REQUIRED DISCLOSURES - TOURISM ZONES 31
Sponsored by Council Member John E. Uhrin
19. EXTENSION OF ABSENTEE VOTING 32
Sponsored by The City of Virginia Beach
('ity Council
City of Virginia Beach Requested Resolutions 33
1. END THE FEDERAL ETHANOL MANDATE FOR GASOLINE 33
Sponsored by Council Member Bill R. DeSteph
2`1
City of Virginia Beach Funding Items
Legislative Agenda
General Assembly Session 2013 16
34
1. CONTINUED FUNDING FOR BASE REALIGNMENT AND CLOSURE (BRAC) EFFORT 34
Sponsored by the City of Virginia Beach
City Council
2. INCREASED FUNDING FOR MENTAL HEALTHCARE
Sponsored by Council Member Glenn R. Davis
Requested by the Human Rights Commission (HRC)
36
APF'ENDIX: DRAFTS OF PROPOSED LEGISLATION - 37
KE`i'ED TO REQUESTED CODE CHANGE
ANf) OTHER RELATED DOCUMENTS
REQUESTED CODE CHANCE LECISLAT/VE ITEM #11 38
USE OF LOCALLY ADOPTED LIGHT/NG STANDARDS ON STATE/FEDERAL FUNDED
ROAD WA YS
Sponsored by Council Member Barbara M. Henley
REQUESTED CODE CHANGE LEGISLATIVE ITEM #12 39
A CCESS TO THE PRESCRIPTION MONITORING PROFILE
Sponsored by Council Member James L. Wood
REQUESTED CODE CHANGE LEG/SLAT/VE ITEM #17 42
PERMITS FOR VEHICLES WEIGHING MORE THAN 115,000 POUNDS
Sponsored by Council Member Council Member James L. Wood
REQUESTED CODE CHANGE LEGISLATIVE ITEM #18 43
REQUIRED DISCLOSURES - TOURISM ZONES
Sponsored by Council Member John E. Uhrin
RESOL UT/ON - URANI UM MININC 44
BRAC CORRESPONDENCE TO GOVERNOR MCDONNELL 54
???» 11
Legislative Agenda
General Assembly Session 2013 1 i?
CITY OF VIRGINIA BEACH- CITY COUNCIL
Mavor William D. Sessoms, Jr.
Vice Mavor Louis R. Jones - Bayside
Glenn R. Davis - Rose Hall
Bill R. DeSteph - At Large
Harrv E. Diezel - Kempsville
Bob Dyer - Centerville
Barbara M. Barbara M. Henley - Princess Anne
John D. Moss - At Large
John E. Uhrin - Beach
Rosemary Wilson - At Large
James L. Wood - Lymnhaven
CITY OF VIRGINIA BEACH- GENERAL A SSEMBL Y DELEGA TION
Senator Harrv B. Blevins - Senate District 14
Dele atg e Algie T. Howell, Jr. - House District 90
Delegate Salvatore R. Iaquinto - House District 84
Delegate Barry D. Knight - House District 81
Senator Jeffrev L. McWaters - Senate District 8
Senator Ralph S. Northam - Senate District 6
Delegate Harry R. Purkev - House District 82
Delegate Christopher P. Stolle - House District 83
Delegate Robert Tata - House District 85
Delegate Ronald A. Villanueva - House District 21
Senator Frank W. Wagner - Senator District 7
???
Legislative Agenda
General Assembly Session 2013 1?
CITYOF VIRGINIA BEACH- CONGRESSIONAL DELEGATION
Senator Mark R. Warner - United States Senate
Senator Jim Webb - United States Senate
U.S. Representative Scott Ritzell - House of Delegates - 2°-d District of Virginia
ff
f
44- ?
Legislative Agenda
General Assembly Session 2013 1 ::'
CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES
1. POST LABOR DAY OPENING FOR SCHOOLS
SPONSORED BY COUNCIL MEMBER .TOHN E. UHRIN
Background Information:
The total spending from the tourism industry in Virginia Beach for calendar year 2010 was $1.129
billion, stimulating 11,560 jobs. Starting schools in Virginia Beach and other localities in the
Commonwealth prior to Labor Day would have significant financial consequences in the long-
term. Beginning schools prior to Labor Day would effectively reduce the available vacation time in
August by two weeks, which is prime family vacation time that cannot be replaced. If the Virginia
Beach school system begins before Labor Day and other localities follow our lead, it will have a
negative effect on the economic impact of the tourism industry. To a lesser extent, this will also
have an impact on this industry by affecting the labor pool available prior to Labor Day.
Request:
The General Assembly is requested to maintain the existing legislation concerning post Labor Day
opening of schools. This allows all schools to open after Labor Day except those given exemptions
by the State Board of Education.
Legislative Agenda
General Assembly Session 2013 1 1 (
CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES
2. EXPANSION OF THE VIRGINIA HUMAN RIGHTS ACT
SPONSORED BY MAYOR WILLIAM D. SESSOMS, .TR.
REQUESTED BY THE HUMAN RIGHTS COMMISSION (HRC)
Background Information:
The Virginia Human Rights Act (Va. Code § 2.2-3900 et seq.) currently prohibits discrimination
based on race, color, religion, national origin, sex, pregnancy, childbirth or related medical
conditions, age, marital status, or disability. The City of Virginia Beach has prohibited the
aforementioned since 1994.
Request:
The City requests that the General Assembly amend the Virginia Human Rights Act to also prohibit
discrimination based on sexual orientation.
.? ?
Legislative Agenda
General Assembly Session 2013 1 1 1
CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES
3. EQUALIZATION OF LODGING TAXES
SPONSORED BY COUNCIL MEMBER JOHN E. UHRIN
Background Information:
During the 2011 General Assembly Session, legislation (Senate Bi11972 - Whipple) was introduced
that would have the retail sales and hotel taxes on transient rooms (hotel rooms) be computed
based on the total charge or price paid. Currently, when a customer reserves a room online from a
hotel website, they pay the full sales tax for that room. However, when the Online Travel
Companies (OTCs) rent rooms, the sales on the entire price is not paid. The OTCs buy blocks of
unused rooms and resell them. However, the hotel tax is hidden within a service fee charged that
shows up on the customer's credit card bill. This is not a new tax, but a fair collection of existing
taxes. Major hotel chains such as the Marriot and Hilton supported this legislation during the 2011
session. Several states have approved legislation such as this proposal and it has been upheld in
the courts.
Reyuest:
The General Assembly is requested to amend section § 58.1-602, etc. as was proposed in Senate
Bill 972 from the 2011 session. When a hotel or similar establishment contracts with an
intermediary to facilitate the sale of the room and the intermediary charges the customer for the
room, the bill would require the intermediary to separately state the taxes on the bill or invoice
provided to the customer and to collect the taxes based on the total charges or the total price paid
for the use or possession of the room. It is suggested the bill have a delayed implementation date
of January 1, 2014. This would allow the OTCs time to accommodate the change into their billing
practice.
..: ?
Legislative Agenda
General Assembly Session 2013 1 1<
CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES
4. SUSTAINABLE TRANSPORTATION FUNDING
SPONSORED BY MAYOR WILLIAM D. SESSOMS, .TR.
Background Information:
State transportation funding is required for three purposes:
« Maintenance of our existing infrastructure investment and;
• Construction of new roadway, transit, airport, and port projects to meet existing and future
mobility and economic development needs and;
• Provide adequate funding to provide the state match for available federal transportation
funding.
Transportation funding in Virginia is not close to meeting these needs and the trend is negative in
all categories.
Since 1986, vehicle miles traveled has increased by approximately 40%. Population has grown
approximately by 30%; however, lane miles of roadway have only increased by approximately
100/o. To make matters worse, the purchasing power of the Virginia gas tax of 17.5 cents per
gallon in 1987 is now equivalent to a tax of only eight-cents per gallon in 2012. Obviously, that
purchasing power will continue to decline over time. Virginia has a much lower state gas tax than
its surrounding competitor states such as Maryland (23.5 cents), North Carolina (35.3 cents), West
Virginia (39.2 cents), and Kentucky (33.4 cents). As of July 1, 2011, the national average for
federal and state gas tax per gallon was 48.9 cents. With the exception of Northern Virginia,
Virginia's total federal and state gas tax of 38.4 cents is currently 10.5 cents per gallon below the
national average.
System Maintenance:
The cost of existing roadway maintenance continues to grow by approximately $50 million a year.
This increased funding requirement is a function of new roadways being added to the system,
secandary road maintenance, and increasing maintenance costs for segments of the interstate
system, which are now aging. Since 2002, funds for maintenance have had to be transferred from
the Commonwealth Transportation Fund, which was envisioned in 1986 as purely for new
?A a ?f
Legislative Agenda
General Assembly Session 2013 1 ':
roadway construction. In fact, in 2012, over $500 million will be transferred from the
construction fund to the maintenance fund. As mentioned previously, that figure increases
approximately $50 million a year (based on current estimates).
The consequences of this diversion of construction funds to meet maintenance needs means that
in Virginia Beach, where only a few years ago, the City received up to $30 million a year for the
urban road program, we now only receive funding for local road maintenance. The same is true
for secondary construction in the counties. State dollars that were available to the City for
constructing roads such as London Bridge Road, Dam Neck Road, and Birdneck Road, are no
longer provided.
Because of the diminishing value of the gas tax due to more efficient automobiles and the growth
in construction costs, there is not one measure that will be the "silver-bullet" for transportation
funding. However, the City Council believes that sustainable long-term sources of new revenue to
help meet critical transportation needs should be pursued immediately. The Council leaves it up
to the General Assembly as to what source(s) would best be utilized. However, the lack of a
sustainable long-term transportation funding stream will leave Virginia lagging woefully behind
its regional and international competitors. It will also cause a decrease in the quality of life to our
residents through the cost of congestion, degraded air quality, and the reduced desirability of the
Commonwealth for future economic growth.
New Roadway Construction:
The Hampton Roads Transportation Planning Organization (HRTPO) has identified $30 billion in
regional construction needs over the next twenty years. However, only $13.6 billion in traditional
federal and state funding are envisioned to be available. Maintenance requirements are projected
at $12.35 billion over that timeframe, and, therefore, would leave only $1.25 billion left for
construction of regional capacity improvement projects. To put that in perspective, the needed
improvements to I-264 in Virginia Beach are projected at $2.5 billion. Improvements to I-64 in
Chesapeake are estimated at $2 billion and improvements to I-64 on the Peninsula are $2 billion
or more. Although tolls can certainly be used for funding a portion of the transportation program
needs, there are serious downsides to depending exclusively on tolling.
Although we are very grateful to the Governor and the General Assembly for the approximately $3
billion in new roadway construction funding previously approved, $1.8 billion of those funds are
bonds that will be serviced by future federal transportation appropriations.
Request:
The General Assembly is requested to create a long-term sustainable source of additional revenue
for transportation of at least $1.5 billion per year. This revenue stream should be indexed for
inflation and could use innovative forms of revenue generation and could include tolls, vehicle
miles traveled fees, gas taxes, sales taxes, etc. Furthermore, these funds should not come at the
expense of existing revenue streams.
Legislative Agenda
General Assembly Session 2013 ( 1,'
Below are potential funding solutions as proposed by the Urban Crescent Coalition:
(1) Gas Tax Increase - a one-cent per gallon gasoline tax increase would generate
approximately $50 million a year for transportation.
(2) Increase the Sales Tax on Vehicle Purchase - a one-percent increase in the Motor
Vehicle Sale and Use Tax would generate about $141 million.
(3) Increase the General Sales Tax - a one-percentage point increase in the state sales tax
would generate between $800 million and $1 billion if dedicated to transportation (of
course, potential revenue generated will depend on the economic conditions in the state).
(4) Vehicle Registration Fees - any increases in Motor Vehicle Registration fees will have a
minimal impact to revenue generation for the transportation fund.
(5) Indexing - index the motor vehicle fuels tax to inflation and deposit the additional funding
generated to the Highway Maintenance and Operation Fund. This could generate $10
million by 2014 and $125 million by 2018.
(6) Tolls - use tolls to help finance highway construction.
Legislative Agenda
General Assembly Session 2013 1 !'%
CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES
5. MORATORIUM ON URANIUM MINING
CO-SPONSORED BY MAYOR WILLIAM D. SESSOMS, .TR.
BL VICE MAYOR LOUIS R. .10NES
Background Information:
Virginia has had a moratorium on uranium mining since the 1980s. A large deposit of mineable
ore has been found in Pittsylvania County. This deposit is upstream of the John H. Kerr Reservoir,
which provides 93% of the inflow to Lake Gaston, which provides water directly to Virginia Beach,
and indirectly to most of southside Hampton Roads. A study prepared by the National Academy of
Sciences (NAS) indicates that uranium tailings disposal cells represent long-term risks for
contamination, that limited data exist to confirm the long-term effectiveness of those disposal
cells, and that extreme natural events combined with human errors have the potential to lead to
the release of contaminants. The NAS study concludes that Virginia has no experience with
uranium mining, the federal government has little or no experience with wet climates and extreme
precipitation events, and gaps in legal and regulatory coverage for uranium mining and steep
hurdles to be overcome before mining could be established in Virginia within a regulatory
framework that is protective of health, safety, and the environment.
The City contracted with nationally prominent experts to prepare a study of the downstream
water quality impacts that would occur from a hypothetical, catastrophic breach of an above-
grade, uranium mine tailings disposal cell. The study indicates that in the aftermath of an
assumed catastrophe, radioactivity in the main body of Lake Gaston would remain above state and
federal regulatory levels for up to two months during wet years and six to sixteen months during
dry years. The only practical response during this time would be to shut down the Lake Gaston
project. Depending upon the weather, this could have significant consequences to all of southside
Harripton Roads, but particularly, Chesapeake, Norfolk, and Virginia Beach.
The Cities of Chesapeake, Norfolk, Suffolk, Virginia Beach, and the Hampton Roads Planning
District Commission (HRPDC) have all passed resolutions opposing uranium mining in Virginia
and lifting the legislative moratorium on uranium mining.
Legislative Agenda
?--• General Assembly Session 2013
Request:
The General Assembly of Virginia is requested to maintain the existing moratorium on uranium
mining in Virginia.
See Appendix Item #6 (page 54) for an attachment to this item:
1. Uranium Mining Resolution adopted by the City of Virginia Beach City Council
...1
Legislative Agenda
General Assembly Session 2013 1 1 f
CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES
6. AUTISM SPECTRUM DISORDER (ASD) INITIATIVE
SPONSORED BY MAYOR WILLIAM D. SESSOMS, JR.
Background Information:
With the anticipated increase of special education graduates with autism requiring community
services offered by Community Services Boards (CSBs) and private providers, it is essential to
identify the number of individuals projected to need post-high school services and the types of
services required. Specifically, utilizing available school system data reflecting the number of
projected special education graduates with a diagnosis of autism, a study performed by either the
Joint Legislative Audit and Review Committee (JLARC) or Joint Commission on Health Care (JCHC)
would focus on identifying specific service needs to be addressed including day support,
employment and residential support. This information would be invaluable to advocates, service
providers and members of the General Assembly.
Request:
Support a JLARC or JCHC study to assess the service needs for those students with autism who are
transitioning out of the school system in order to adequately prepare for the residential,
employment and day support needs of this steadily increasing population.
Legislative Agenda
General Assembly Session 2013 1 i'C
CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES
7. REMOVE THE LYNNHAVEN AND THE ELIZABETH RIVERS
FROM THE JAMES RIVER BASIN FOR THE CHESAPEAKE BAY
TMDL
Background Information:
SPONSORED BY COUNCIL MEMBER BARBARA M. HENLEY
This request is for the General Assembly to help clarify watershed boundaries with respect to the
Chesapeake Bay TMDL. As it stands, the Lynnhaven River basin and the Elizabeth River basin are
both included in the James River basin. Clearly the Lynnhaven and the Elizabeth Rivers are not
within the James River basin, they both discharge into the Chesapeake Bay without any connection
to the James. If left unchanged, Virginia Beach will be punished for pollution issues occurring
outside of our boundaries, and our good work in the Lynnhaven will not be given adequate credit
or consideration in the Total Maximum Daily Load (TMDL) requirements. Solutions for the James
River may inappropriately impose on the Lynnhaven and Elizabeth River watersheds.
Request:
We ask for simple, clarifying language: "for the purposes of the Chesapeake Bay TMDL, state
agencies will not consider the Lynnhaven or Elizabeth River basins as part of the James River
basin."
w?; f
Legislative Agenda
General Assembly Session 2013 1 ""
CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES
8. DEED RESTRICTION RELIEF - CAMP GROM
SPONSORED BY COUNCIL MEMBER .TOHN E. UHRIN
Background Information:
The City of Virginia Beach ("the City") acquired a parcel of land from the Commonwealth of
Virginia in 2002 identified, as GPIN parce12416-70-8636 (131.9 acres). This parcel contains holds
a deed restriction limiting its use. The City is considering an opportunity to partner with a non-
profit organization to develop a portion of the property and operate a camp for children with
special needs and disabled veterans. The current legal interpretation is that the deed restriction
on the property would not allow such a use to occur.
Request:
The City seeks relief during the 2013 General Assembly from the deed restriction to pursue this
opportunity. Any such uses would be subject to review and approval of the U.S. Department of
Navy to ensure compatibility with the Air Installation Compatible Use Zone (AICUZ) regulations.
Legislative Agenda
General Assembly Session 2013 1 1-''.:!
CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES
9. MINING SAND FOR BEACH REPLENISHMENT FOR
CHESAPEAKE BEACH
CO-SPONSORED BY VICE MAYOR LOUIS R. .TONES
AND COUNCIL MEMBER JAMES L. WOOD
Background Information:
This legislative request relates to Chesapeake Beach, where long-term and continuing erosion has
reached the point where the City is now preparing to embark on a beach restoration and
maintenance program to protect public and private infrastructure from storm damage. The most
efficient and practical method of restoring Chesapeake Beach is by mining sand from nearby
sources in the Chesapeake Bay and directly pumping the sand on the beach using a cutter-suction
hydraulic dredge process.
Obtaining environmental permits for mining sand from the Chesapeake Bay can be extremely
difficult and protracted, involving at least two state agencies and a consolidated federal permit
issued by the U.S. Army Corps of Engineers.
Request:
In that the need for beach restoration is immediate, we would be appreciative of legislative
guidance to the state agencies instructing them to streamline the process and to expedite the
approval process to allow sand mining and placement on our Bay beaches.
??..
Legislative Agenda
General Assembly Session 2013 1 .i
CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES
10. CLARIFICATION OF LOCAL WETLANDS BOARD
JURISDICTION
CO-SPONSORED BY VICE MAYOR LOUIS R. JONES
AND COUNCIL MEMBER JAMES L. WOOD
Background Information:
This request is for a minor tweak to the local wetlands board's jurisdictional limitations as defined
in State Code. City projects are considered 'public projects' in the State Code and are therefore
currently exempt from local wetlands board jurisdiction. However, that exemption in State Code
is limited to projects on property that is 'owned or leased' by the City. This limitation has put the
City in the position of having to obtain a local wetlands board permit in addition to obtaining a
Virginia Marine Resources Commission (VMRC) permit. In addition, our local wetlands board has
adopted an in-lieu fee mitigation program for impacts to non-vegetated wetlands, mudflats, at the
rate of $12.50 per square foot. However, this in-lieu fee program has not been accepted by
Department of Environmental Quality (DEQ) and the Corps of Engineers, such that any mitigation
payments to the local wetlands board for such impacts will not be honored by the state and the
federal government, potentially creating a circumstance where impacts will be required to be
mitigated twice.
Request:
In that the local wetlands board is exercising identical and delegated jurisdiction from VMRC, the
extra step of being subjected to local wetlands board review is both redundant and creates a
significant financial impact as well as a detrimental double standard whereby taxpayers (the
source of funding) may have to fund mitigation costs twice. Our request would be to strike or
modify the `owned or leased' clause to clarify that all City projects are exempt from local, Council-
appointed, board review (28.2-1302, section 3, item 10), regardless of whether the City has full
title or a lease for all of the lands involved in the project.
?Ali
Legislative Agenda
General Assembly Session 2013 1::-
CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES
11. USE OF LOCALLY ADOPTED LIGHTING STANDARDS ON
STATE/FEDERAL FUNDED ROADWAYS
SPONSORED BY COUNCIL MEMBER BARBARA M. HENLEY
Background Information:
The Virginia Code currently requires all new state and federally funded roadways to use
Illuminating Engineering Society (IES) American National Standard Practice for Roadway Lighting.
These lighting standards (RP-8) are approximately 30% brighter than the City Council approved
lighting specifications for the City of Virginia Beach. Once installed, the long-term energy costs
will also be proportionately higher. In order to save energy costs while still providing safe lighting
levels and uniformity, the City would like the ability to use locally adopted lighting standards on
all state/federally funded roadway projects located within City boundaries.
Request:
The request is that the General Assembly take the action necessary to amend section § 24VAC30-
151-420 of the Virginia Administrative Code to make it possible for Virginia Department of
Transportation (VDOT) to fund lighting installation costs, based on locally adopted lighting
standards, at project expense.
See Appendix Item #1 (page 38) for text of the requested legislative change.
Legislative Agenda
General Assembly Session 2013 ( :
CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES
12. ACCESS TO THE PRESCRIPTION MONITORING PROFILE
SPONSORED BY COUNCIL MEMBER 1AMES L. WOOD
Background Information:
The Prescription Monitoring Profile is a tool to help law enforcement officers detect and divert
fraudulent prescriptions. The state code only allows the State Police access to the Prescription
Monitoring Profile. Limiting access to State Police unnecessarily delays local police diversion
investigations and ties up State Police personnel by involving them in local investigations for the
sole purpose of using the Profile.
Request:
The request is to amend section § 54.1-2523 of the Code of Virginia to make the profile accessible
for local police personnel for the purpose of investigating prescription fraud and related offenses.
See Appendix Item #2 (page 39) for text of the requested legislative change.
?
1332",
Legislative Agenda
General Assembly Session 2013 1?'-+
CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES
13. TRESPASSING
Background Information:
SPONSORED BY COUNCIL MEMBER .TAMES L. WOOD
In November of 2009 in Baker v. Commonwealth, 278 Va. 656, 685 S.E.2d 661 the Virginia Supreme
Court dismissed a trespassing charge against a defendant holding that evidence that a"No
Trespassing" sign was posted on the property, without evidence that the sign was posted by a
person authorized under the trespassing statute, was not sufficient evidence to prove a violation
of ti-espassing. Many lower have extended this holding to Code of Virginia Section 15.2-1717.1
and require the "person lawfully in charge of the property" that designates the local law-
enfarcement agency with the authority to forbid another to go or remain upon their property, to
come to court and testify to such authorization after they have already made the designation in
writing.
Request:
The request is to amend Code of Virginia Section § 15.2-1717.1 to include a provision stating there
is a:rebuttable presumption that any such document designating the local law enforcement agency
with the authority to provide notice to persons trespassing on specified property and to enforce
the trespassing law was executed by a person lawfully in charge of the specified property. It is
also requested that this code section further provide that the defendant shall bear the burden to
ovei-come this presumption.
.:..1
Legislative Agenda
General Assembly Session 2013 1 :"
CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES
14. PROPERTY TAX CLASSIFICATION FOR MOTOR VEHICLES
LEASED TO THE CITY AND CONSTITUTIONAL OFFICERS
SPONSORED BY COUNCIL MEMBER .TOHN D. MOSS
Background Information:
The Virginia Code provides the owner of personal property is responsible for the property taxes
on such property. When property is leased, the Code and opinions of the Virginia Attorney
General provide that the determination of ownership of leased personal property for purposes of
taxation depends upon whether the lease shifts the risk-of-loss from the lessor to the lessee. If the
lease, often a lease-purchase, shifts the risk of loss to the City, the City is classified as the owner of
the leased property for tax purposes, and the property is exempt. If the lease does not shift the
risk of loss, the property owner for purposes of local property taxes is the lessor. In most
commercial leases, the lessor will require the lessee pay the property taxes.
The State Tax Code provides that the owner of personal property leased to federal, state, or local
governments is subject to the local property tax.l This provision is consistent with other
requirements that place the burden of taxation upon the owner of property. However, this
requirement does not acknowledge that shifting the tax burden to the lessee is commonplace even
when the lessee is a branch of the government, which would be exempt if it owned the property.
While not an exemption, the General Assembly could provide a separate tax classification for
motor vehicles leased to a locality or Constitutional Officer when the terms of the lease obligate
the lessee to pay the property taxes. The State Tax Code currently provides a separate tax
classification for property leased by members of a voluntary rescue squad or voluntary fire
department when the terms of the lease obligate the lessee to pay the property taxes.2 Should the
General Assembly provide a similar classification for motor vehicles leased to a locality, the City
Council may levy the tax for this classification of property at a low rate.
1 Va. Code § 58.1-3501.
2 Va. Code § 58.1-3506(A)(15).
Legislative Agenda
General Assembly Session 2013
Request:
The City Council requests the General Assembly create a separate classification of personal
property for motor vehicles leased to a locality or a Constitutional Officer when the terms of the
lease obligate the lessee to pay the property taxes. This tax classification is necessary to permit
the City to impose a nominal tax rate that will have the effect of exempting a motor vehicle leased
to a municipality from being subject to the payment of personal property taxes for the duration of
the term of the lease with the municipality.
.? ?
Legislative Agenda
General Assembly Session 2013 1 zi
CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES
15. TRANSPORTATION FUNDING DOUBLE LOCKBOX
SPONSORED BY COUNCIL MEMBER BILL R. DESTEPH
Background Information:
The City Council desires the General Assembly to impose two restrictions upon its appropriation
authority for transportation funding. The Council believes that the citizens of the State are willing
to support additional transportation funding if there are assurances that the funding will be used
for transportation and not siphoned from transportation to other priorities.
The first level of restriction is upon the use of funds. All moneys deposited in the
Commonwealth's Transportation Funds (e.g. the Commonwealth Transportation Fund, the
Transportation Trust Fund, the Highway Maintenance and Operating Fund, and the Priority
Transportation Fund) should be used for the financing, acquiring, constructing, improving,
maintaining, and operating the transportation systems and projects in the Commonwealth.
The second level of restriction is to prohibit the displacement of current transportation funding
with new revenues raised for transportation. The City is aware of the example of lottery funds
being provided to K-12 Education. While this use of lottery funds is required by the Virginia
Constitution, the General Assembly has allowed the lottery funds to displace other General Fund
revenues for K-12 Education. Therefore, a second level of restriction is needed to insure that new
transportation revenue streams do not displace any of the current transportation revenue
streams.
Request:
The City requests the General Assembly provide a mechanism by which the revenues raised for
transportation are restricted to transportation purposes. This mechanism should have two
"lockbox" features. First, funds raised for transportation should be restricted to transportation
uses. Second, when the General Assembly increases one or more of the current revenue streams
or establishes a new revenue stream for transportation purposes, these new revenue streams
should not displace any of the current revenue streams. Because this is a limitation on the General
Assembly's appropriation power, the appropriate approach is an amendment to the Virginia
Constitution.
.?
Legislative Agenda
General Assembly Session 2013 1 : t,
CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES
16. REVISE FOIA EXEMPTION FOR PARKS AND RECREATION
RECORDS TO PROVIDE BETTER PROTECTION FOR
JUVENILES
SPONSORED BY COUNCIL MEMBER ROSEMARY W[LSON
Background Information:
Records of the City's Parks and Recreation Department are subject to mandatory disclosure under
the Freedom of Information Act, unless an exemption applies. The Act currently contains an
exernption that allows the City to redact the name of juveniles from parks and recreation records
requested by a citizen pursuant to the Act, but the exemption only applies if the child's parent has
requested in writing that such information not be disclosed. To facilitate such a request, the City
includes on parks and recreation registration forms a box that a parent may check to request that
his or her child's identity be protected, but parents sometimes fail to check the box on the multi-
page forms. The department believes that the default instead should be that information that
identifies juveniles be protected from disclosure unless the parent authorizes release.
Request:
The City requests that the General Assembly amend Virginia Code § 2.2-3705.7(22) to provide that
the identity of juveniles in parks and recreation records is exempt from mandatory disclosure
under the provisions of the Freedom of Information Act unless the child's parent specifically
requests that the identifying information be released.
??g',??
Legislative Agenda
General Assembly Session 2013 1
CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES
17. AMEND THE CODE OF VIRGINIA REGARDING PERMITS FOR
VEHICLES WEIGHING MORE THAN 115,000 POUNDS
SPONSORED BY COUNCIL MEMBER JAMES L. WOOD
Background Information:
State law generally requires the operators of trucks to obtain a permit if the vehicle and load
weights exceed 80,000 pounds. A super load permit is required if the vehicle and load weights
exceed 115,000 pounds. Super load permits, unlike standard permits, impose specific routing
requirements and escorts, are subject to engineering studies, and take more time to process. A
standard permit can be issued on an annual basis and cover multiple trips during that year
("blanket permit"). A super load permit is more restrictive than a standard permit, and each trip
requires a separate super load permit.
Some operators make the business decision not to obtain the required super load permit but
instead only obtain a standard blanket permit, even though the loads exceed 115,000 pounds.
Under the current Virginia Code, and under narrow circumstances, a permit can be invalidated by
a court, and damages are measured as if no permit was obtained. In order to discourage a truck
operator from making a business decision not to obtain the required super load permit, heavy
fines are assessed for operating a truck without a required permit or in violation of the permit
(such as carrying a load weighing more than authorized by the permit).
Because of the particular way in which the state code provision authorizing a court to invalidate a
perrnit is worded, a Virginia Beach Circuit Court judge recently ruled in favor of a defendant who
relied on a standard permit that did not include the routing restrictions that would have been
imposed if the operator had obtained a super load permit. This resulted in a substantial reduction
of the financial penalties assessed for the violation, and the decision encourages operators to
avoid the restrictions imposed by a super load permit that are needed to protect public safety.
A revision to the state code would enable a court to invalidate a standard permit in circumstances
where a super load permit was required, thereby incentivizing truck operators to obtain the
appropriate permit.
?
??Legislative Agenda
General AssemblY Session 2013
I
Request:
The City requests that the General Assembly amend Virginia Code § 46.2-1139(D)(1) to allow a
court to invalidate a standard permit in circumstances where a super load permit was required.
Given that this code change is needed to protect public safety, the City requests that the bill be
effective upon enactment.
See Appendix Item #3 (page 42) for the text of the requested legislative change.
??•?
Legislative Agenda
General Assembly Session 2013 1 _'1
CI1 Y OF VIRGINIA BEACH REQUESTED CODE CHANGES
18. REQUIRED DISCLOSURES - TOURISM ZONES
SPONSORED BY COUNCIL MEMBER .10HN E. UHRIN
Background Information:
During the City Council's consideration of the recently-adopted Oceanfront Resort District Form-
Based Code, the staff was asked to prepare a proposed Community Legislative Agenda item
requesting the General Assembly to enact legislation allowing the City to require certain
disclosures to prospective purchasers or lessees of property in the Resort Area. These disclosures
concern potential impacts associated with the parcel's location in a"tourism zone" from things
such as parades, special events, fireworks, temporary street closures, concerts, etc.
Request:
The City requests the General Assembly to enact a new Section 55-519.3 to give the City authority
to designate one or more "tourism zones" and require written disclosures to prospective buyers or
lessees of property within the tourism zone, and/or to require notes of like import on surveys, site
plans and subdivision plats of property within a tourism zone.
See Appendix Item #4 (page 43) for text of the requested legislative change.
?r
Legislative Agenda
General Assembly Session 2013 1.'"
CITY OF VIRGINIA BEACH REQUESTED CODE CHANGES
19. EXTENSION OF ABSENTEE VOTING
SPONSORED BY THE CITY OF VIRGINIA BEACH
CITY COUNCIL
Background Information:
During the voting in the 2012 election, which included the electoral races for the President,
Congress, Senate, two Constitutional amendments, five seats for the City of Virginia Beach City
Council, and five seats for the City of Virginia Beach School Board, there was great delay
experienced by individuals wishing to vote. Waits of two hours or more were common, and it is
thought that many voters did not vote out of frustration with the lines, and for other reasons.
Many states allow early absentee voting with little or no limitations. Under Virginia law, there are
eleven reasons for which one must attest to in order to vote early through absentee voting. The
follawing are examples of registered voters who may vote by absentee vote in accordance with the
provisions: members of the United States Armed Services, students attending outside of the city
and/or county they are entitled to vote, religious prohibitions due to voting on certain days, and
law-enforcement officers, firefighters, etc. It is the wish of the City Council that absentee voting be
extended to all citizens.
Request:
The General Assembly is requested to extend absentee voting in person to any person qualified to
vote without providing a reason as listed in the current code. This would be similar to Senate Bill
No. 12 offered by Senator Janet Howell during the 2012 session of the General Assembly. This
would allow all voters the opportunity to vote in-person absentee up until the Saturday before the
actual election.
?4,11?r
I 1
Legislative Agenda
General Assembly Session 2013 1
CITY OF VIRGINIA BEACH REQUESTED RESOLUTIONS
1. END THE FEDERAL ETHANOL MANDATE FOR GASOLINE
Background Information:
SPONSORED BY COUNCIL MEMBER BILL R. DESTEPH
Federal law and regulations require that gasoline sold in the United States includes ethanol. As a
result of that mandate, about forty percent of the corn produced in America is used to make
ethanol. When the price of corn rises, as it did in 2011 because of droughts, ethanol production
competes with the use of corn for food, causing a needless rise in the prices of corn-containing
food as well as meat and qther products from cattle and livestock that consume corn-based feed.
Ethanol is less efficient than gasoline, and the overall cost of using gasoline with ethanol is higher
than the cost of using gasoline without it. Ethanol also burns at a higher temperature than
gasoline, resulting in serious damage to the engines, fuel pumps and other key components of
motorcycles, watercraft, antique cars, lawn mowers, and equipment with gasoline engines. In
summary, the federal ethanol mandate harms our economy, increases the cost of food, and
damages vehicles and equipment with small gasoline engines.
Request:
The City requests that the General Assembly adopt a joint resolution urging Congress to repeal the
ethanol mandates for gasoline.
?r
CITY OF VIRGINIA BEACH FUNDING ITEMS
Legislative Agenda
General Assembly Session 2013 1:-"-i
1. CONTINUED FUNDING FOR BASE REALIGNMENT AND
CLOSURE (BRAC) EFFORT
SPONSORED BY THE CITY OF VIRGINIA BEACH
CITY COUNCIL
Background Information:
Since January, 2007, the City of Virginia Beach and the Commonwealth of Virginia have been
partnering to address the concerns that were raised by the Base Realignment and Closure (BRAC)
Commission in 2005. This partnership has involved the cost sharing of $15 million annually to
purchase properties in the APZ-1 and Clear Zone areas around Naval Air Station (NAS) Oceana and
in the Interfacility Traffic Area (ITA) between Oceana and the Naval Auxiliary Landing Field
Fentress. The City has established a policy of spending $7.5 million per year to comply with the
BRAC Order, with the expectation that the Commonwealth will provide matching funds for
expenses associated with the acquisition of land in the APZ-1 and Clear Zone areas around Oceana
and in the ITA.
The City will keep its commitment to the military by to continuing its policy of spending $7.5
million each year to protect NAS Oceana and requests that the General Assembly provide a
matching amount for FY 2013-14.
Request:
Request that the General Assembly provide $7.5 million in annual funding through the Military
Strategic Response Fund in FY 2013-14 to the City of Virginia Beach to meet the requirements of
the BRAC Compliance Plan. Providing these funds will reinforce our joint commitment and
reinforce our message to the U.S. Navy that the Commonwealth and City of Virginia Beach are
dedicated to preserving Naval Air Station Oceana.
This positive message and the results we have achieved through the Commonwealth/City
partnership will benefit not only the preservation of NAS Oceana but send a clear signal to the
military about Virginia's support of all bases throughout the state.
142
?f
See Appendix Item #6 (page 54) for an attachment to this item:
Legislative Agenda
General Assembly Session 2013 1?`.
1. Correspondence from the City of Virginia Beach City Council to Governor Robert
McDonnell regarding Base Realignment And Closure (BRAC) Funding
?
? A-li
hµ l
CITY OF VIRGINIA BEACH FUNDING ITEMS
Legislative Agenda
General Assembly Session 2013 1
2. INCREASED FUNDING FOR MENTAL HEALTHCARE
SPONSORED BY COUNC[L MEMBER GLENN R. DAVIS
REQUESTED BY THE HUMAN RIGHTS COMMISSION (HRC)
Background Information:
People with serious mental illness, as well as their loved ones, face a crisis when it comes to
accessing services they need. From FY 2009 to FY 2012, Virginia cut an overall total of $37.7
million, or 8.9%, from mental healthcare funding. Decades of neglect to the mental health system,
plus an increased need from people who are uninsured, underinsured, or facing economic
hardship, have exacerbated the problem. Additionally, an epidemic of post-traumatic stress
disorder and other mental health issues plagues our returning combat veterans, leading to an
unprecedented increase in service member suicides. An estimated one-third of homeless men in
the United States are military veterans, including wounded warriors of current and previous
conflicts, and a substantial number of those homeless vets are in need of inental health services.
According to the Virginia Department of Behavioral Health and Development Services, nearly
6,000 Virginians are waiting to receive community-based services for mental health. The well-
being of families and our community is seriously threatened by the failure of those in need to
receive timely and effective mental healthcare.
Request:
The City requests that the General Assembly provide meaningful increases to funding for mental
healthcare services and housing.
Legislative Agenda
General Assembly Session 2013 1 i'
AP'PENDIX: DRAFTS OF PROPOSED LEGISLATION -
KE:YED TO REQUESTED CODE CHANGE
AND OTHER RELATED DOCUMENTS
Legislative Agenda
General Assembly Session 2013 ??""
REQUESTED CODE CHANGE LEGISLATIVE ITEM #ll
USE OF LOCALL Y ADOPTED LIGHTING STANDARDS ON STA TE/FEDERAL FUNDED
ROAD WA YS
SPONSORED BY COUNCIL MEMBER BARBARA M. HENLEY
24VAC30-151-420. Lighting facilities.
B. Design of roadway lighting facilities shall be based upon the specifications developed by the
Illuminating Engineering Society in the manual, American National Standard Practice for Roadway
Lighting (see 24VAC30-151-760) or locallv adopted lighting standards if available. The Roadway
Lighting Design Guide by the American Association of State Highway and Transportation Officials
(AASHTO) (see 24VAC30-151-760) may be used as a supplemental guide.
?
Legislative Agenda
-?General Assembly Session 2013
REQUESTED CODE CHANGE LEGISLATIVE ITEM #12
ACCESS TO THE PRESCRIPTION MONITORING PROFILE
SPONSORED BY COUNCIL MEMBER JAMES L. WOOD
(change(s) highlighted)
§ 54.1-2523. Confidentiality of data; disclosure of information; discretionary authority of Director
A. All data, records, and reports relating to the prescribing and dispensing of covered substances to
recipients and any abstracts from such data, records, and reports that are in the possession of the
Prescription Monitoring program pursuant to this chapter and any material relating to the operation or
security of the program shall be confidential and shall be exempt from the Virginia Freedom of
Infoimation Act (§ 2.2-3700 et seq.) pursuant to subdivision 15 of § 2.2-3705.5. Further, the Director
shall only have discretion to disclose any such information as provided in subsections B and C.
B. Upon receiving a request for information in accordance with the Department's regulations and in
compliance with applicable federal law and regulations, the Director shall disclose the following:
1. Information relevant to a specific investigation of a specific recipient or of a specific dispenser or
prescriber to an agent designated by the superintendent of the Department of State Police, any Police
Chief or Sheriff to conduct drug diversion investigations pursuant to § 54.1-3405.
2. Information relevant to an investigation or inspection of or allegation of misconduct by a specific
person licensed, certified, or registered by or an applicant for licensure, certification, or registration by a
health regulatory board; information relevant to a disciplinary proceeding before a health regulatory
board or in any subsequent trial or appeal of an action or board order to designated employees of the
Department of Health Professions; or to designated persons operating the Health Practitioners'
Intervention Program pursuant to Chapter 25.1 (§ 54.1-2515 et seq.) of this title.
3. Information relevant to the proceedings of any investigatory grand jury or special grand jury that has
been properly impaneled in accordance with the provisions of Chapter 13 (§ 19.2-191 et seq.) of Title
19.2.
4. Information relevant to a specific investigation of a specific dispenser or specific prescriber to an
agent of the United States Drug Enforcement Administration with authority to conduct drug diversion
investigations.
C. In accordance with the Department's regulations and applicable federal law and regulations, the
Director may, in his discretion, disclose:
???•
.?. ?
Legislative Agenda
General Assembly Session 2013 1 -it:;
1. Information in the possession of the program concerning a recipient who is over the age of 18 to that
recipient.
2. Information on a specific recipient to a prescriber, as defined in this chapter, for the purpose,of
establishing the treatment history of the specific recipient when such recipient is either under care and
treatinent by the prescriber or the prescriber is initiating treatment of such recipient, and the prescriber
has obtained written consent to such disclosure from the recipient.
3. Information on a specific recipient to a dispenser for the purpose of establishing a prescription history
to assist the dispenser in determining the validity of a prescription in accordance with § 54.1-3303 when
the recipient is seeking a covered substance from the dispenser or the facility in which the dispenser
practices. Dispensers shall provide notice to patients, in a manner specified by the Director in regulation,
that such information may be requested by them from the Prescription Monitoring Program.
4. Information relevant to an investigation or regulatory proceeding of a specific dispenser or prescriber
to other regulatory authorities concerned with granting, limiting or denying licenses, certificates or
registrations to practice a health profession when such regulatory authority licenses such dispenser or
prescriber or such dispenser or prescriber is seeking licensure by such other regulatory authority.
5. Information relevant to an investigation relating to a specific dispenser or prescriber who is a
participating provider in the Virginia Medicaid program or information relevant to an investigation
relating to a specific recipient who is currently eligible for and receiving or who has been eligible for
and has received medical assistance services to the Medicaid Fraud Control Unit of the Office of the
Attorney General or to designated employees of the Department of Medical Assistance Services, as
appropriate.
6. Information relevant to determination of the cause of death of a specific recipient to the designated
employees of the Office of the Chief Medical Examiner.
7. Information for the purpose of bona fide research or education to qualified personnel; however, data
elements that would reasonably identify a specific recipient, prescriber, or dispenser shall be deleted or
redacted from such information prior to disclosure. Further, release of the information shall only be
made pursuant to a written agreement between such qualified personnel and the Director in order to
ensure compliance with this subdivision.
D. This section shall not be construed to supersede the provisions of § 54.1-3406 concerning the
divulging of confidential records relating to investigative information.
E. Confidential information that has been received, maintained or developed by any board ar disclosed
by the board pursuant to subsection A shall not, under any circumstances, be available for discovery or
court subpoena or introduced into evidence in any medical malpractice suit or other action for damages
arising out of the provision of or failure to provide services. However, this subsection shall not be
construed to inhibit any investigation or prosecution conducted pursuant to Article 1(§ 18.2-247 et seq.)
of Chapter 7 of Title 18.2.
?.. r
(2002, c. 481; 2004, c. 690; 2005, cc. 637, 678.)
Legislative Agenda
General Assembly Session 2013 1 .11
Sections: Previous 54.1-2519 54.1-2520 54.1-2521 54.1-2522 54.1-2523 54.1-2523.1 54.1-
2524 54.1-2525 Next
Last modifzed: April 16, 2009
Legislative Agenda
General Assembly Session 2013 ( -11
REQUESTED CODE CHANGE LEGISLATIVE ITEM #17
PERMITS FOR VEHICLES WEIGHING MORE THAN 115,000 POUNDS
SPONSORED BY COUNCIL MEMBER COUNCIL MEMBER JAMES L. WOOD
Virginia Code § 46.2-1139. Permits for excessive size and weight generally; penalty.
D. 1. Every permit issued under this article for the operation of oversize or overweight vehicles shall be
carried in the vehicle to which it refers and may be inspected by any officer or size and weight
compliance agent. Violation of any term of any permit issued under this article shall constitute a Class 1
misdemeanor. Violation of terms and conditions of any permit issued under this article shall not
invalidate the weight allowed on such permit unless (i) the permit vehicle is operating offthe route listed
on the permit, (ii) the vehicle has fewer axles than required by the permit, (iii) the vehicle has less axle
spacing than required by the permit when measured longitudinally from the center of the axle to center
axle with any fraction of a foot rounded to the next highest foot, ef (iv) the vehicle is transporting
multiple items not allowed by the permit or (v) the permitted vehicle exceeds the maximum standard
perrriit weight and is not operating under a super load permit as required by Chapter 20 of the Virizinia
Administrative Code.
#M .?
?C?ir
...: ,.`
REQUESTED CODE CHANGE LEGISLATIVE ITEM #18
REQUIRED DISCLOSURES- TOURISMZONES
Legislative Agenda
General Assembly Session 2013 1 i:
SPONSORED BY COUNCIL MEMBER .TOHN E. UHRIN
Section 55-519.3. Required disclosures; tourism zones.
Any C" beraer^aby *he ^*'an*i^ n^^^^ ^^a *"° rh°°ar"a'"' S^" locality may designate one or
more tourism zones as an amendment to its zoning map, and may within each such zone require
either or both of the following disclosures: (a) that an owner of residential real property located
either partially or wholly within any such tourism zone shall disclose in writing to a prospective
purchaser or lessee of such property that the subject property is located within a tourism zone,
together with a description of potential impacts associated with the parcel's location in a tourism
zone (including, without limitation, impacts caused by special events, parades, temporary street
closures, and indoor and outdoor entertainment activities); and (b) that a statement shall be
placed on all recorded surveys, subdivision plats, and all final site plans approved after July 1,
2013, giving notice that a parcel of real property either partially or wholly lies within a tourism
zone, together with a description of potential impacts associated with the parcel's location in a
tourism zone (including, without limitation, impacts caused by special events, parades, temporary
street closures, and indoor and outdoor entertainment activities).
Legislative Agenda
General Assembly Session 2013 144
1 A RESOLUTION REAF'FIRMING THE CI'1"Y OF
2 VIRGINIA BEACH'S OPPOSITION TO THE MINiNG
3 OF URANIUM IN THE COMMONWEALTH OF
4 Vf RGINIA
5
6
7 WHEREAS, in December 2008, ths Council of #he City of Virginia Beach adopted
8 a Resolution stating its opposition to uranium mining in Virginia and ta lifting the existing
9 Iegislative mora#orium on uranium mining unless it could be demonstrated, to a
10 reasonable degree of certainty, that there would be no significant release of radioactive
11 sed'tments downstream of the site under any circumstances; and
12
13 WHEREAS, in the three and one-half years since the adoption of that Resoiution,
14 there have been a number of s#udies relating to uranium mining in Virginia, several of
15 which have dea[t specifically with the propased Virginia Uranium, lnc. mine and milling
16 facility at Coles Hill in Pittsylvania County, upstream nf the John H. Kerr Reservoir and
17 Lake Gaston; and
18
19 WHEREAS, two of the studies consisted of econornic assessments of the
20 proposed Co(es Hi11 project, and both such studies found that one large, or several
21 small, accidents or releases would significantly reverse the economic benefit of the
22 project, even if no serious harm to people or the environment oocurred; and
23
24 WHEREAS, at the reques# of the Virginia Coal and Energy Commission, the
25 National Academies of Sciences (NAS) has completed a study entitled "Urtanium Mining
26 in Virginia: Sc+entific, Technical, Environmental, Human Health and Safety, and
27 Regulatory Aspects of Uranium Mining and Processing in Virginia" (the "NAS Study"),
28 the purpose of which was to address a series of detaiied questions about uranium
29 mining, processing, and reclamation in order to assist the Cornmonwealth o# Virginia in
30 making decisions conceming the proposed uranium mining project; and
31
32 WHEREAS, the NAS study indicates that: (1) disposal ce{Is in which radioactive
33 tailings are stored represent significant long-term risks for radiological and ofiher
34 contamination; (2) limited data exist to confirm the long-term effecEnreness of uranium
35 tailings disposal cells; and (3) extreme natural events combined with human error have
36 the potential to resuit in the release of contaminants if disposal celEs are not designed,
37 constructed or maintained propedy, or if such ceils fai[ to perform as envisioned; and
38
39 WHEREAS, the NAS study concluded that the Commonweal#h of Virginia has no
40 experience with uranium mining, #hat the federal government has little or no experience
Legislative Agenda
General Assembly Session 2013 145
41 applying existing laws and regulations to states with wet climates and extreme
42 precipitation events, and thaf "fhere are gaps in legal and regulatory coverage for
43 activities involved rn uraniurn mining, processing, reclamation, and long-term
44 stewardship ... jandJ ... steep hurdles to be surmounted before mining and/or
45 processing could be esfablished within a regulatory environment fhat is appmpriately
46 protective of the health and safefy of workers, the public, and the environment"; and
47
48 WHEREAS, Michael Baker Engineers and the National Center for Computational
49 Hydroscience and Engineering, under contract to the City of Virginia Beach, have
50 completed a study (the "Michael Baker Study°) of the downstream water quality impacts
51 that would occur from a hypothetical, catastrophic breach of a single, above-grade
52 uranium mine taiiings disposal ceil located near Coles Hill; and
53
54 WHEREAS, it is acknowledged that if all of #he tailings are secured in properiy
55 designed, constructed, and maintained below-grade disposal cells, the li[celihood of a
56 major release of tailings to surface water is significantly reduced; and
57
58 WHEREAS, although existing regula#ions indicate that below-grade disposal of
59 uranium tailings is preferable to above-grade disposal, exceptions have been made for
60 environmental reasons, such as conflict with groundrtvater conditions, or for reasons of
61 economic feasibility, both of which may exist at the Coles Hill site or at heretofore
62 undiscovered uranium mining sites; and
63
64 WHEREAS, the NAS Study specifically dismissed the notion that below-grade
65 disposal af tailings would automatically be required, noting #ha# the first mine and mill
66 permit to be issued in more than three decades allowed partially above-grade disposal
67 ce11s, notwithstand€ng the fact that the safest;a.nd most environmentally sound solution
68 was below-grade disposaf; and
69
70 WHEREAS, the Michaef Baker Study indicates that in the aftermath of an
71 assumed catastrophe, radioactivity in the main body of Lake Gaston would remain
72 above state and federal regulatory levels for up to two months during wet years and six
73 ta sixteen rnonths during dry years; and
74
75 WHEREAS, for a number of legal, regulatory, political, institutional and technical
76 reasons, it is highly likely that a major release of taiEings downstream frorn the Coles Hitl
77 Gite wou!d force the City of Virginia Beach to discontinue pumping of the Lake Gaston
78 Water Supply Project, at least until contaminant levels had dropped wel{ below state and
79 federai regulatory levels; and .
80
2
Legislative Agenda
General Assembly Session 2013 146
89 WHEREAS, during droughts, the Lake Gaston Project provides up to one-third of
82 the water in the Norfolk, Virginia Beach and Chesapeake water systems, and the loss of
83 the LakE Gaston project for an extended period of time could result in water shortages
84 far greater than those accurring in the 1980-81 drought; and
85
86 WHEREAS, a release of radioactive tailings such as that modeled in the Michael
87 Baker Study would have devastating adverse economic and other effects upon the City
88 af Virginia Beach, the Hampton Roads Region, and the (ocalities near to and
89 downsfream of the Coles Hill site; and
90 .
91 WHEREAS, operations vitaf to maintaining the nation's defense readiness at the
92 various military installations located in Hampton Roads could be adversely impacted by
93 water shortages that could result from a significant release of tailings, especially during a
94 dry period; and
95 96 WHEREAS, even a reiease of radioacfiive tailings of lesser proportions than the
97 worst case scenario modeled in the Michael Baker Study would resulfi in serious
98 economic impacts to thflse areas even after radioactivity levels dec[ined to levels within
99 legaf limits because of the inevitability of negative public perceptions and the resultant
100 damage to the regions' images and reputations as aftractive business and vacation
101 destinations; and
102
103 WHEREAS, it is absolutely clear, based upon the National Academy of Sciences
104 and other studies, that it cannot be demonstrated to a reasonabte degree of certainty
105 that fihere would be no significant release of radioactive secfiments downsfream of the
106 Coles Hill site under any circumstances, and therefore that the criteria in the Resolution
107 adopted by City Council in December 2008 have clearly not been s.atisfied; and
108
109 WHEREAS, while the probability of a major tailings release is small, the adverse
110 consequences of such a release would be enormous and unacceptable;
11 l
112 NOW, THEREFORE, BE iT RESOLVED BY THE COUNCIL OF THE CITY OF
113 VIRGINIA BEACH, V{RGINIA:
114
115 That the City Council of the City of Virginia Beach hereby reaffirms its opposition
116 to uranium mining in Virginia, including the proposed Urginia Uranium, lnc. project at
117 Coles Hill, and to #he elimination of the existing legislative rnoratarium on uranium
118 mining in Virginia.
119
3
Legislative Agenda
General Assembly Session 2013 147
120 The City Clerk is hereby directed to transmit a certified copy of this Resolution ta
121 each member of the City's Congressional and General Assembly Delegations.
122 Adopted by the City Council of the City of Virginia Beach on the 12 trlay af
,7une , 2012.
CA-12301
.lune 6, 2012
R-1
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY:
Department of Public Utilities
# N /? •
. .
City Attomey's Oifice
4
Legislative Agenda
General Assembly Session 2013 148
Podic
Report
Background: In December 2008, City Council enacted a resolution stating that unless it
could be demonstrated to a reasonable degree of scientific certainty that there would be no
significan# refease of radioactive sedimenfis downstream under any circumstances, including,
but not limited to, a direct hit on the mining facilities by a Probable Maximum Precipitation
{PMP} storm event, the City of Virginia Beach was opposed to 1) uransum mining in Virginia,
2) the elimination of the existing legislative moratorium on uranium mining, and 3} any
attempt to develop a regulatory framework for uranium mining. Although the General
Assem6iy has not considered arty Eegislation that woulcf alter the existing moratorium on
uranium mining, the Governor has appointed a taskforce to develop the regulatory framework
for uranium mining with instructions that they complete that worlc by 2013.
In ths three and one-half years since City Council's resolution, there have been a number of
studies reiating to uranium mining in Virginia, several of which dealt specifically with the
proposed Virginia Uranium inc. mine and mi{ling facility at Coles Hill, upstream of the John H.
Kerr Reservair and L.ake Gaston. Four studies Qf particular relevance are:
• The Socioeconomic impact of Uranium Mining and Milling -- Chmura, November 2011
• Proposed Coles Hill Uranium Mine and Mifl -- RTI, interna#ional, March 2012
• Uranium Mining In Virginia - National Academies af Sciences (NAS), December 2011
• Potential Impacts of Uranium Mining in Virginia on Drinking Water Sources - Michael
Baker Engineers (under contract to Virginia Beach), February 2012 (Phase II)
Considerations: The two economic studies indicate that if the Coles Hill mine and mill were
ta go forward as currently proposed by Virginia Uranium, the net economic impac# in and
around Pittsylvania County would be about $150 million per year and 1,000 jobs (direct and
indirect) for 20 to 35 years. They also indica#e that even if the project is compliant with all
environmental regulations, there will be moderate and measurable air, water and soil
contamination and impacts close to the facility. Finally, they conciude that one large, or
several small accidentslspills would significant[y reverse the economic benefit even if no
serious harm to people or the environment occurred
The IVatidnal Academies of Sciences (NAS) Studv: This study was commissioned by the
Virginia Coal and Energy Commission, a legislative commission of the General Assembiy, for
the purpose of infarming the Commonweal#h of Virginia with respect to uranium mining in this
state. The NAS study canfirmed tha# there are signifcant deposits of uranium in the Blue
1 of 5
Uranium Mining in Virginia
Legislative Agenda
General Assembly Session 2013 149
Ridge/Piedmont provinces, although the Coles Hill site is the only economically viable si#e
that has been discovered #o date. The study recognized that Virginia experiences extreme
and unpredictable natural events, including catastrophic precipitation events, earthquakes,
tornadoes, and debris flows which must be considered with respect to determining if any
particular sifie is appropriate for uranium mining.
The NAS study indicated that uranium mining in Virginia has the poten#ial to significantly
impact air quality, surface and ground water quality, and the environment. The near and
medium-term impacts may be substantia(ly reduced if world-wide best practices are
rigorously and sustainably adhered to with respect to the regulatory framework, the design,
construction, and operation of the facilities, and monitoring and enforcement.
The study indicated that tailings disposal cells represented significant long-term risks for
radioiogical and other contamination: uAtthough signfficant improvements have been made in
recenf years to tailings managernent practices to isolate mine waste from the environment,
limited data exist to confrrm the Jong-ferm effectiveness of uranium tailings management
facilities ... Signifrcant potential environmental risks are associated with extreme natural
events and failures in management practices. Eztreme natural events ... have the potential
to lead to the release of contaminants if facilities are not designed and cons#rucfed to
withstand such an evenf, or fail to perform as designed." NAS study at page 145.
The NAS study discussed the Ciiy's computer model of a hypothetical, above-grade tailings
disposal ce)I failure at Cofes Hill, as well as the primary criticism o# the City's model that the
tailings would be dispased of below grade, thereby eliminating the possibiiity of large-scale
release downstream. Hawever, the NAS study specifically disrnissed this argument noting
tha# Colorado recently licensed a uranium mine and mill with partially above-grade disposaf
cells, even though below-grade disposal was fhe best option.
The study concluded that "there ane gaps in legal and regulatory coverage for activities
involved in uranium mining, processing, reclarx?afion, and long-term stewardship." NAS s#udy
at page 179. It also concluded that Virginia has no experience with uranium mining, and that
the federal government has little or no experience applying existing laws'and regulations to
stafies with wet climates and extreme precipitation events. The sfudy noted that Colorado
and Canada have developed rigorous and sustainable uranium mining and mi{fing regulatory
programs based upon world-wide best practices. These programs stress fully empowered
and funded agencies with strong data-gathering, inspection and enforcement powers.
The NAS study was silent on whethEr Virginia should, or should not lift the existing
moratorium on uranium mining, but ;t did provide a single overarching conclusion: "lf the
Commonwealth of Virginia rescinds the existing moratorium on uranium mining, there are
sfeep hurdles #0 6e surmounted before mining and/or processing could be established within
a regulatory environment that is appropriately profecfive of the health and safety of workers,
the public, and the environment. There is only limited experience with modern underground
and open pit uranium mining and processing practices in the wider United States, and no
such experience in Virginia. At the same time, there exisf internationally accepfed best
pracfices, founded on principles of openness transparencv and Aublrc involvemenf in
oversiqhf and decision-makinq, that could provide a starting point fnr the Commonwealth of
Virginra were it to decide that the moratarium should be Iifted. After nxtensive scienfific and
technical briefings, substantial public input, reviewing numerous documents, and extensive
2of5
Legislative Agenda
General Assembly Session 2013 150
deliberafions, the committee is convinced that the adopfion and riqorous implementation of .
such pracfices would be necessarv if uranium mining; processrng, and rec/amation were to
be undertaken in the Commonwealth of Virginia." NAS study at page 223, emphas9s added.
The Virqinia Beach/Michael Baker Study: The Ciiy's study is a camputer simulation of
downstream water quality impacts from a hypothetica(, catas#rophic breach of a single, above
grade, uranium minE tailings disposal cell. It was prepared by Michael Baker Engineers and
the National Center for Computational Hydrascience and Engineering. The madel does not
simufate how or why a disposal cell might fail - i# simulates the outcome if one did as a result
of a catastrophic precipitation event. It is a worst case simulation for a single, above grade
cell failure in the Banister River watershed. It is a very unlikeiy svent that technology and
regulations should prevent.
VUI and its consultants have questioned certain aspects of the City's study. The only
question with any merit is the argument that the tailings will be stored below grade. The
computer simulation is based upon the breach of an above-grade disposal cell. The threat to
surface water would be dramatically reduced if the tailings were stored below grade.
However, the NAS study specifically dismissed the automatic presumption of below-grade
disposal noting fthat the first mine and mili licensed in more than three decades allowed
partially above-grade disposal cells, even though the best solution was below-grade disposal.
The original Marline-Union Carbide engineering study of the Coles Hifl site in 1983 ruled out
below-grade disposal because c?f groundwater conditions. There have been. no groundwater
studies to support the feasibifity of below-grade disposal, and presentations made to the NAS
by the USGS indicated that groundwater in the region was shallow and mobile, a{though data
was limited. VU1 is not bound by any plan or statement of intentions in existence today.
Mining economics, the price of uranium, and what regulafiions allow at the time of applica#ion
will ciictate the mining and tailings disposal methods ultimateiy pursued. It is important to
note that VUI's own consultant put the likelihood of below-grade disposal at only 50%.
The Phase II results are similar in scope to the Phase I results, although far more detailed
with ,respect to the theoretical contamination of Kerr Reservoir and Lake Gaston, following an
assumed catastrophe. Ten to twenty percent af the radioactivity would remain in #he water
coiumn and flow ciownstream, passing through Kerr and Gaston. Eighty to nineiy percent
would settle in the river and reservoirs, mostly in the Banister River. Of the three
contaminants modeled, uranium, thorium, and radium, the_latter has the most impact in the
water column in terms of compliance with the Safe Drinking Water Act {SDWA} and Clean
Water Act (CWA). Radioactivity in the sediments is a more significant and longer-term
environmental prob(em than, in the water column.
The computer simulation indicates that in the aftermath of an assumed catastrophe, radium
radioactivity in the main body of Lake Gaston would remain above the SDWA and CWA
Eevels for up to two manths during wet years and six to sixteen months during dry years. See
attached graph. !n the absence of flaad control operatians, tributaries and coves in both
reservoirs would not experience the contamination that would occur in the main body of the
two reservoirs. However, flood control operations in Kerr Reservoir would cause
contamination to intrude into some o# its tributaries and coves. This would not happen in
Lake Gaston because Lake Gaston is not operated for flflod control.
3ofi5
Legislative Agenda
General Assembly Session 2013 151
In contrast to the other water supply intakes in Kerr Reservoir and Lake Gaston, the Virginia
Beach and Chesapeake intake is located in Pea Hill Creek, the largest tributary of Lake
Gaston. Under normal conditions, there is a small net flow of water from Pea Hil! Creek to
the main body of Lake Gaston. However, operation of the Gaston purrtp station reverses #he
normal ffow of Pea Hill Creek and pulls water from the main body of Lake Gaston into the
tributary. At normal operation, the pump station will pull about 5,000 acre-feet of water per
manth from the main body of the lake inta Pea Hill Creek. The volume of water between the
intake and the main body of the lake is about 15,000 acre-feet, so it wciuld take about three
months for water from the main body of the lake to reach the intake.
Most water treafiment plants are capable of remaving 50-90% of the three radiological
contaminants in the City's study. However, this may be a moot issue. Significant resistance
to drawing radioactive contaminants into Pea Hil1 Creek would be expected ftom the adjacent
homeowners and jurisdictions, if not North Carolina. Also, the pipeline ciischarges into a
waterway and lake in Isle of Wight and Suffolk. Adjacent property owners, and perhaps Isle
of Wight and Suffolk, wouEd also be expected to object. The City does not have any state
and federal permits required by the Clean Water Acfi to discharge radioac#ive pollutants into
these waterways. Furthermore, it is not clear that the c9tizens of Chesapeake, Norfolk, or
Virginia Beach - or their respectiv,e City Councils - would support co-mingling contaminated
water with the regional water supplies, even ff the directors of utilities recommended it.
For #hese reasons, it is assumed that the response to a catastrophic re{ease of tailings would
be to discontinue operation of the Lake Gaston project unti[ the contamination dropped well
below sta#e and federal regulatory fevels.
Alternatives: The alternatives are to leave the existing moratorium in place, rescind it, or
update and reaffirm it. .
Recommendations: The Coles Hill project would have significant benefits to the lacal
economy unless there was one big accident or severaE small ones. Uranium mining in
Virginia could possibly be done safely but the necessary regulatory framework is not in place
today and there are "steep hurdlesn to overcome before it would be. At#hough unlikely,
extreme natural events combined with human errors could resulf in a signficant taifings
release ftom above grade taiking disposal cells and this would require the Gaston pipeline to
shut ddwn for a period of rnonths to more than one year. The (atter could cause water
shortages in southside Hamptan Roads far greater than what occurred in the 1980-$1
drought.
Although the Nuclear Regulatory Commission will be the regulator of tailings disposal, feceral
regulators give great weight to the hosting state in a!I aspects of the regulatory process.
Historical{y, Virginia has riot hacJ the regulatory philosophy idenfified by the NAS as being
critical to safely rrzinE uraniurn in Virginia. It is a valid question to ask if it ever would. While
the probability af amajar tailings release is small, the consequences are great.
it is recommended that City Council reaffirm its opposition to uranium mining and to the lifting
of the exiting legislative moratorium on uranium mining. 4 of 5
Legislative Agenda
General Assembly Session 2013 132
J ?? m ?
Prepared By. .
Director of Public Utilities
Reviewed By: fvm_--
Deputy Cl"anager
Appraved B . "I L-,k
ity nager
a -4 -1Z
Date
Qate
(A 'L, `L
Date
b ? ?'+e
Date
5of5
Water Column Radium Concentration (G-Main07) Legislative Agenda
General Assembly Session 2013 153
]000
100
J
a
U
a
c"
? 14
?
`u
c
U t
?
?
C
0.1
0.01
Dry Year
r Wet Ycar
- - - Radium MCL
-?--------------------------- ---- -------?---------- --?--------
?
, _ .. . '.?.u. i A ? . . . .
. ...
.. 1 i
i t:. .? ( ?
.
? a, r `r ?? , >„3 ?r•
"3.= ' *•r 9
! s .' •
=
-' ' ?
? :.d?d1w^?i? C u
„
??. --.ii ?. ,?.?`;
. . i : fl •:
R.
?
..f._.. _ . ... ... . _"'.._.... .. _._. .._,.' .... . ,. .
i
.......
? .
.__.._ . ??
1 ' --" "_. .
?'.
0 100 LW 300 4W 500 WV 7(
DaYs
Water Column Radioactivity (G-MainO'n
1000
? loo
U
a
?
? 10
w
?
?
? 1
u
w
0
'o
a
a
0.1
0.01
0 100 200 300 400 500 600 701
Day.
Water ColumB Uranium Concentration (G-Main07)
iooo
.4 100
00
a
G
? ZO
C
C
U ?
?
a
a
0.1
0.01
! . Dry Year
i
i ? Wet Year
! - - - Uranium MCL
____._......_.._........' . . .__ ___...?---....,_._ .. ? ............._. _ E._ ___._.............
'------ --- ` - -' ----'---?'-- ---- ' --- '..'-----'--"-" " -- ' ------
- -- --- i
.____ ._.__..._"_ '.....?._....__.?__? ._.__.._ ._.._....._?__--._...?:___.__._...__._.."____,._....."'....._}._......._?-.__"..._.??._?._._
J . Y ?p 9
v '? ? &I?
I
0 100 200 300
400 SOD 600 1C
Dava
Legislative Agenda
General Assembly Session 2013 154
City of Virgi?is Beach
November 15, 2011
The Honorable Robert F. McDonnell
Office of the Gavernor
Patrick Henry Building, 3`d Floor
1111 East Broad Street .
Richmond, Virginia 23219
Subject: Base Realignment and Closure (BRAC) Compliance Program
Dear Governor McDonnell:
Congrafulations on the recent General Assembly elections. A supermajority in the
House of Delegates and a working majority in the Senate wi[I aElow you to leave a
lasting impression on the Commonwealth. The City Council of Vrginia Beach
respectFully requests that as part of that legacy that you include in your soon to be
revealed budget for the next biennium funding for the Oceana Base Realignment and
Closure (BRAC) compliance program. Our request would be for $7.5 million a year in both years of the biennium. This funding
will allow the partnership that we have enjoyed, since the BRAC issue came to the
forefront in 2005, to continue to move forward. Previously, we provided you wifh our
report for the FY 2012 funds. As you can see from that report, we have obligated all of
the funding available through June 30,, 2012. We also have a number of properties
ready to be purchased when, hopefufly, new funding becomes available in the next
biennium.
Legislative Agenda
The Honorabie Robert F. McDonnell General Assembly Session 2013 155
Subject: Base Realignment and Closure (BRAC) Compliance Program
November 15, 2011
Page 2
Our successful partnership in protecting Navaf Air Station (NAS) Oceana has become a
national modef. Your leadership an #his issue has also been exemplary. We sincereiy
hope that even in these resource constricted times that you can fund the full $7.5 million
proposed fnr each year of the next biennium. We look forward to continue working with
you in making Virginia an even greater Commonwealth.
F2espectFully,
WiIliam D. Sessoms, Jr. Louis R. Jone
Mayor Vice-Mayor iov Y `?C,?p'?" G"' • ?
Glertn R. Davis, Jr. I . eStep Harry Diezel
Council Member Council Member Counc MembE
Robert M. Dyer Barbara M. He ley o n E. Utirin
Council Member Council Member ouncil Member
A44.?Rosemary&ilson ?
Cauncil Member
Q;4, - 91? h=
J m . Wood n D. Moss
Qp?mci Member ouncil Member
cc: Virginia Beach General Assembly Delegation
The Honorable Mark Wamer, U.S. Senate
The Honarable Jim Webb, U.S. Senate
The Honorable Congressman Scott Rigell, U.S. House of Representatives
The Honorabie Terry Sui#, Secretary of Veterans Affairs & Homeland Security
Admiral John C. Harvey, Jr., Commander, U.S. Fleet Forces Command
-59-
Itenz -VI-J.1
ORDINANCES/RESOL UTIONS ITEM #62346
Upon motion by Councilman Moss, seconded by Councilman DeSteph, City Council DENIED, THE
DEVELOPMENT AUTHORITY ITEM BE INLUCDED WITH THE Resolution REQUESTING
SUPPORT of the Virginia Beach Delegation for the 2013 Legislative Agenda and City Council's goals
and objectives
Yoting: 2-9 (Motion to Approve lost to a negative vote)
Council Members Yoting Aye:
William R. "Bill " DeSteph and John D. Moss
Council Members Poting Nay:
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 Absent:
None
November 13, 2012
-60-
Itein -VI-J.2
ORDINANCES/RESOL UTIONS ITEM #62347
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council ADOPTED, BY
CONSENT, Resolution REQUESTING the Virginia Department of Game and Inland Fisheries
AUTHORIZE the City to DESIGNATE, POST and ENFORCE a"No Wake Zone" on a portion of the
Lynnhaven River
Troting: 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 Tloting Nay:
None
Council Members Absent:
None
November 13, 2012
1 A RESOLUTION REQUESTING THE
2 COMMONWEALTH OF VIRGINIA DEPARTMENT
3 OF GAME AND INLAND FISHERIES TO
4 AUTHORIZE THE CITY OF VIRGINIA BEACH TO
5 DESIGNATE, POST AND ENFORCE THE SECTION
6 OF THE LYNNHAVEN RIVER BETWEEN CHANNEL
7 MARKERS "1 LR" AND "3LR" AS A"NO WAKE"
8 ZONE
9
10 WHEREAS, the marked navigable channels of the Lynnhaven River ("river") are
11 near residential properties; and
12
13 WHEREAS, the use of the river by powerboats in the channel, at times, create
14 dangerous and destructive wakes; and
15
16 WHEREAS, the wake created by these powerboats endangers persons
17 operating smaller watercraft, and causes damage to waterfront properties including
18 private docks, moored watercraft and erosion of rea4 property; and
19
20 WHEREAS, because of these problems various property owners along the river,
21 especialfy those in the area between channel markers 1 LR" and "3LR", have requested
22 that the area be designated and posted a"NO WAKE" zone; and
23
24 WHEREAS, the river is under the regulatory jurisdiction of the Commonwealth of
25 Virginia Department of Game and Inland Fisheries ("VDGIF"); and
26
27 WHEREAS, the VDGIF has indicated its willingness to authorize the City of
28 Virginia Beach to post and enforce a"NO WAKE" zone in this area of the river upon the
29 completion of public notice, a favorable recommendation by the City Council, and the
30 submission of a completed application; and
31
32 WHEREAS, the Virginia Beach Police Marine Patrol will accept and enforce the
33 new "NO WAKE" zone upon a favorable recommendation by the City Council, and the
34 approval of the application by the VDGIF.
35
36 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE GITY OF
37 VIRGINIA BEACH, VIRGINIA:
38
39 1) That City Council hereby recommends that the VDGIF authorize the City
40 of Virginia Beach to designate, post and enforce as a"NO WAKE" zone
41 that section of the Lynnhaven River from channel markers 1 LR" through
42 "3LR" representing a distance of approximately seventeen hundred
43 (1,700) feet; and
44
45 2) That the City Manager (or his designee) is hereby authorized and directed
46 to submit an application to the VDGIF for such authority, and to inciude
47 therewith such information and documentation as may be required.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 13t4ay of
November , 2012.
A P V AS T NTENT: APPROVED AS TO LEGAL UFFICI NCY:
Public Work City Attorney's Office
CA 12449
R-3
October 30, 2012
2
City of V'?r-ginia Beaclz
w
PUBLIC WORKS/OPERATIONS MANAGEMENT
(757)385-1470
FAX (757) 427-0676
November 15, 2012
Commonwealth of Virginia
Department of Game and Inland Fisheries
State Boating Law Administrator
PO Box 11104
Richmond, VA 23230
VBgOV.C0111
3556 DAM NECK ROAD
VIRGINIA BEACH, VA 23453
Re: Application for Establishment of Regulatory Markers on Public Waters of Virginia
Dear Mr. Guess,
We are forwarding for your approval three copies of the permit application, proposed typical
control sign & buoy specifications and a map indicating the proposed location for sign and
buoy installations and modifications.
Public notice was advertised twice in our local newspaper, The Virginia Pilot and several times
on the Community Information Channel (City cable N Channel 11). In addition, this
information was offered to all local newspapers, television and radio stations. I have attached
the two copies which were published October 28 and November 4, 2012 in the Beacon of The
Virginian Pilot newspaper. Also attached is a copy of the resolution approved by the Virginia
Beach City Council regarding this request.
As mentioned in the attached approved resolution, the intention of the City of Virginia Beach is
to obtain approval by your Department for installation of regulatory markers. This will establish
a"NO WAKE" zone on the Eastern Branch of the Lynnhaven River connecting to existing "NO
WAKE" zones being Long Creek and Keeling Drain to provide for a safer traverse for all
watercraft and to prevent further damage to waterfront properties. Upon your concurrence we
plan to act in a timely manner to complete this project.
Please contact Mark Johnson at (747) 385-1470 at your earliest convenience if any additional
information can be provided or clarified.
Sincerely,
Mark B. Gemender, P.E.
Public Works Operations Engineer
COMMONWEALTH OF VIRGINIA
DEPARTMENT OF GAME AND INLAND FISHERIES
Application for Establishment of Regulatory Markers on Public Waters of Virginia
Date of Application November 2012 Proposed Date of Installation January 2013
A. APPLICANT
1. Name of Political Subdivision or Agency
Citv of Virginia Beach, Dept. of Public Works Telephone Number (757) 385-1470
2. Name and address of individual to be responsible for installation and maintenance
Mark Johnson Daytime Tel. No. (757) 385-1470
3556 Dam Neck Rd. Virginia Beach, VA 23453
B. NECESSITY OF REASON FOR REQUESTED MARKERS
1. Attach a letter, with two signed copies, addressed to Boating Coordinator, Deparhnent of Game and Inland
Fisheries, P.O. Box 11104, Richmond, VA 23230, explaining conditions which make such markers
necessary.
2. Political subdivision - attach three copies of public notice and proposed regulation or ordinance, which has
been issued prior to this application.
C. LOCATION OF MARKERS
Body of Water: Lynnhaven River County: Ci , of Virginia Beach
1. Attach three copies of a map, chart section, or drawing to a scale which will readily depict the proposed
zoned area to its surroundings showing the location of each marker to be placed in the water and its
relation to nearby channels and water patterns. Have inset or attachment showing type of marker to be
used at each location.
2. Latitude: see attached Longitude: see attached
D. MARKERS
Type and Number of Markers: 4- NO WAKE signs and 1- NO WAKE buoX
1. All markers must conform to specification as listed in Rules of Establishment of Uniform Regulatory
Markers. State below names of manufacturer of commercial markers that will be used, or, if obtained
otherwise, indicate source.
City of Va. Beach Traffic Sign Shop and Smith & Nephew Rolyan, Inc.
E. CERTIFICATION
The applicant hereby agrees and certifies that all markers authorized by the Department will be installed and maintained
at no expense to the Department; that all such markers will conform to the specifications, standards and conditions set
forth in "Rules for Establishment of State Uniform Regulatory Markers on Public Waters of Virginia" and may be
inspected at any time, without prior notice, by authorized personnel. Should markers not be maintained in satisfactory
condition, the Department may order them removed at no expense to the Department. The applicant agrees that the
Department of Game and Inland Fisheries will not be held liable with respect to any and all claims that may result from
the installation and maintenance of such markers and the marking of any waters does not convey any exclusive
privileges.
(Sibnature)
(Title)
INSTRUCTIONS:
Complete four copies. Mail three copies with supporting documents to:
Law Enforcement Boating Coardinator Department of Game and Inland Fisheries
P.O. Box 11104 Richmond, VA 23230
Updated July 2006
?
?
o?
?-;
w
LLC'
CO'
?
.41?
? I
V?
?9 lFo
?c z
?
-61-
Iteni -VI-J.3
ORDINANCES/RESOL UTIONS ITEM #62348
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE the City Manager EXECUTE a lease with AEN, LLC, d/b/a
Smart Coffee re Coffee Shop located within the Meyera E. Oberndorf Central Library at 4100 Virginia
Beach Boulevard
Yoting: 11-0 (By Consent)
Coztncil 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
November 13, 2012
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO EXECUTE A LEASE FOR THREE (3)
3 YEARS WITH TWO (2) ONE-YEAR RENEWAL
4 OPTIONS FOR THE COFFEE SHOP LOCATED
5 WITHIN THE CITY-OWNED PROPERTY KNOWN
6 AS THE MEYERA E. OBERNDORF CENTRAL
7 LIBRARY
8
9 WHEREAS, The City of Virginia Beach (the "City") owns property located at
10 4100 Virginia Beach Boulevard known as the Meyera E. Oberndorf Central Library,
11 which contains a coffee shop of approximately 593 square feet of floor area ("Coffee
12 Shop").
13
14 WHEREAS, AEN, LLC (d/b/a Smart Coffee) ("Smart Coffee") is a coffee and
15 bakery establishment that desires to enter into a lease agreement with the City for a
16 term of three (3) years with two (2) one-year renewal options, to occupy and operate
17 the Coffee Shop.
18
19 WHEREAS, Smart Coffee has agreed to pay the City $500 per month, which
20 shall escalate by 3% each year.
21
22 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
23 VIRGINIA BEACH, VIRGINIA:
24
25 That the City Manager is hereby authorized to execute a lease for the term of
26 three (3) years, with two (2) one-year renewal options, between AEN, LLC d/b/a
27 Smart Coffee and the City for the Coffee Shop in accordance with the Summary of
28 Terms attached hereto, and made a part hereof, and such other terms, conditions or
29 modifications deemed necessary and sufficient by the City Manager and in a form
30 deemed satisfactory by the City Attorney.
31
32 Adopted by the Council of the City of Virginia Beach, Virginia on the 13th
33 dayofNovember , 2012.
APPROVED AS TO LEGAL APPROVED AS TO CONTENT
SUFFICIENCY AND FORM
/ZCA
City Attorney Public Wo s/ Facilities
Management
CA12182
\\vbgov.com\DFS1 Wpplications\CityLawProd\cycom32\Wpdocs\D010\P016\00042218.DOC
R-1
October 31, 2012
SUMMARY OF TERMS
LEASE OF CITY-OWNED PROPERTY LOCATED
AT CENTRAL LIBRARY, 4100 VIRGINIA BEACH BOULEVARD
LESSOR: City of Virginia Beach
LESSEE: AEN, LLC, d/b/a Smart Coffee
PREMISES: Approximately 593 square feet located within the Meyera E. Oberndorf
Central Library, 4100 Virginia Beach Blvd.
TERM: December 1, 2012 through November 30, 2015, with Two (2) One-Year
Renewal Options
RENT: Five hundred dollars ($500) per month for the first year with 3%
escalation, compounded annually
RIGHTS AND RESPONSIBILITIES OF LESSEE:
• Operate coffee shop for library patrons and staff, provide catering services for
special events as requested by Library Manager
• Recruit, train, employ, supervise, direct, discipline and if necessary, discharge all
employees of the coffee shop
• Keep, repair, and maintain the coffee shop in a safe, clean and orderly condition
• Maintain Workers' Compensation Insurance as required under Title 65.2 of the
Code of Virginia; maintain comprehensive general liability insurance coverage
with policy limits of not less than one million dollars ($1,000,000) combined single
limits per occurrence
• Lessee shall have the exclusive right to operate a coffee shop within the
Premises
• Tender a security deposit in the amount of $500
RIGHTS AND RESPONSIBILITIES OF LESSOR:
Library Manager/City shall have access to the Premises at any time, without prior
notice, in the event of an emergency
City shall provide electricity, HVAC, water, building maintenance and repairs for
major items, and replacement of light bulbs
City to provide existing chairs, tables, counters, lighting and other decorative
items "as is"
TERMINATION:
• The City may terminate the Lease for any reason upon one hundred eighty (180)
days' written notice
LOCATION MAP
MEYERA E. OBERNDORF CENTRAL LIBRARY- FIRST FLOOR
4100 VIRGINIA BEACH BOULEVARD, VIRGINIA BEACH
AU4AfNIU'+
\
l10 ?
$t9PAFt ???,
A0.G5e1NC ?1
COFFEE
SH
? ----- , X
64vlqht `)
YbPY4
LOYBY
f?
?
?
?
?
-62-
Item -VI-J.4
ORDINANCES/RESOL UTIONS ITEM #62349
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE temporary encYOachments of City-owned property, known as
Island Lake, for MYRTLE J. and JOHN F. DAVIS, II re removing pier/mooring piles and construct
and maintain a pier/boatlift at 2405 Broad Bay Road (DISTRICT 5- LYNNHAVEN)
In consideration of the premises and of the benefits accruing or to accrue to the
Grantee and for the further consideration of One Dollar ($1.00), cash in hand, paid
to the City, receipt of which is hereby acknowledged, the City hereby grants the
Grantee permission to use the Encroachment Area for the purpose of constructing
and maintaining the Temporary Encroachments.
2. The Temporary Encroachments will be constructed and maintained in accordance
with the laws of the Commonwealth of Virginia and the City of Virginia Beach and
in accordance with the City's specifications and approval.
3. Providing, however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachments from the Encroachment Area, in the event of an emergency or
public necessity; and, Grantee shall bear all costs and expenses of such removal.
4. The Temporary Encroachments herein authorized shall terminate upon notice by the
City to the Grantee and within thirty (30) days after the notice is given, the
Temporary Encroachments must be removed from the Encroachment Area by the
Grantee and the Grantee will bear all costs und expenses of such removal.
5. The Grantee shall indemnify, hold harmless and defend the City, its agents and
employees, from and against all claims, damages, losses and expenses, including
reasonable attorney's fees, in case it shall be necessary to file or defend an action
arising out of the construction, location or existence of the Temporary
Encroachments.
6 Nothing herein contained shall be construed to enlarge the permission and authority
to permit the maintenance or construction of any encroachment, other than that
specified herein and to the limited extent specified herein, nor to permit the
maintenance and construction of any encroachment by anyone other than the
Grantee.
7. The Grantee agrees to maintain the Temporary Encroachment so as not to become
unsightly or a hazard.
8. The Grantee must obtain a building permit from the Department of Planning prior
to commencing any construction within the Encroachment Area (the "Permit' ).
9. The Grantee shall make a Seven Hundred Fifty Two Dollar ($752.00) payment,
payable to the City Treasurer, to the Department of Planning/Environment and
Sustainability Office, as compensation for the typically required fifteen (I S) foot-
wide riparian buffer area that cannot be established on the property of the Grantee.
Said buffers are a standard condition of the City for shoreline encroachments. Said
payment is equal to partial cost of plant material, which will be used to restore
buffer areas on other City-owned property.
November 13, 2012
-63-
Item -VI-T.4
ITEM #62349(Contiizued)
10. The Grantee shall maintain an existing mulched bed (approximately 1,100 sq. ft.)
and forest canopy (approximately 1,500 sq. ft.). The Grantee will install a
meandering buffer to include knock-out roses (the "Buffer ) of a size and species of
the Grantee's choice, to be planted landward of the bulkhead near the South
property line.
11. The Grantee must obtain and keep in effect liability insurance with the City as a
named insured in an amount not less than $500, 000.00, per person injured and
property damage per incident, combined, with the City listed as an additional
insuYed. The company providing the insurance must be registered and licensed to
provide insurance in the Commonwealth of Virginia. The Grantee will provide
endorsements providing at least thirty (30) days written notice to the City prior to
the cancellation or termination of, or material change to, any of the insurance
policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the construction, location and/or existence of the
Temporary Encroachments.
12. The Temporary Encroachments must conform to the minimum setback requirements
as established by the City.
13. The Grantee must submit, for review and approval, a survey of the Encroachment
Area certified by a registered Professional Engineer or a Licensed Land Surveyor,
and/or "as built" plans of the Temporary Encroachments sealed by a Registered
Professional Engineer, if required by either the Department of Public Works City
Engineer's Office or the Engineering Division of the Department of Public Utilities.
14. The Ciry, upon revocation of such authority and permission so granted, may remove
the Temporary Encroachments and charge the cost thereof to the Grantee, and
collect the cost in any manner provided by law for the collection of local or state
taxes; may Yequire the Grantee to remove the Temporary Encroachments; and
pending such removal, the City may charge the Grantee for the use of the
Encroachment Area, the equivalent of what would be the real property tax upon the
land so occupied if it were owned by the Grantee and if such removal shall not be
made within the time ordered hereinabove by this Agreement, the City may impose a
penalty in the sum of One Hundred Dollars ($100.00) per day for each and every
day the Temporary Encroachments are allowed to continue thereafter, and may
collect such compensation and penalties in any manner provided by law for the
collection of local or state taxes.
November 13, 2012
-64-
Item -VI-J.4
ITEM #62349(Continued)
Voting.• 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, Williarn R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, BarbaYa 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
November 13, 2012
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE
TEMPORARY ENCROACHMENTS
INTO A PORTION OF CITY
PROPERTY KNOWN AS ISLAND LAKE
LOCATED AT THE REAR OF 2405
BROAD BAY ROAD, FOR PROPERTY
OWNERS JOHN F. DAVIS, II AND
MYRTLE J. DAVIS
WHEREAS, John F. Davis, II and Myrtle J. Davis desire to remove an existing
pier and mooring piles and to construct and maintain a pier and a boatlift upon a portion
of City property known as Island Lake located at the rear of 2405 Broad Bay Road, in
the City of Virginia Beach, Virginia; and
WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107,
Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
City's property subject to such terms and conditions as Council may prescribe.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof contained in §§ 15.2-
2009 and 15.2-2107, Code of Virginia, 1950, as amended, John F. Davis, II and Myrtle
J. Davis, their heirs, assigns and successors in title are authorized to construct and
maintain temporary encroachments for a proposed pier and a boatlift, to remove an
existing pier and mooring piles, upon a portion of City property known as Island Lake as
shown on the map marked Exhibit "A" and entitled: "EXHIBIT A PROPOSED
ENCROACHMENT OF PIER & BOATLIFT IN ISLAND LAKE GPIN: 1499-98-3784
SHEET 1 OF 1 DATE: OCTOBER 10, 2012 SCALE: 1" = 30'," a copy of which is on file
in the Department of Public Works and to which reference is made for a more particular
description; and
BE IT FURTHER ORDAINED that the temporary encroachments are expressly
subject to those terms, conditions and criteria contained in the Agreement befinreen the
City of Virginia Beach and John F. Davis, II and Myrtle J. Davis (the "AgreemenY'),
which is attached hereto and incorporated by reference; and
BE IT FURTHER ORDAINED that the City Manager or his authorized designee is
hereby authorized to execute the Agreement; and
BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such
time as John F. Davis, II and Myrtle J. Davis and the City Manager or his authorized
designee execute the Agreement.
4 7 Adopted by the Council of the City of Virginia Beach,
48 of November , 2012.
Virginia, on the 13th day
CA-12171
R-1
PREPARED: 10/18/2012
APPROVED AS TO CONTENTS
R S, REAL ESTATE
P ?USEI
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
ASSISY'ANT CITY ATTORNEY
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this 16th day of October, 2012, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and JOHN F. DAVIS, II and MYRTLE J.
DAVIS, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE,
"Grantee", even though more than one.
WITNESSETH:
WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as "Lot 72, Section 1", as shown on that certain plat
entitled: "SUBDIVISION OF BAY ISLAND SECTION ONE PRINCESS ANNE CO., VA.
LYNNHAVEN MAGISTERIAL DISTRICT Scale 1" = 100' FEBRUARY, 1958, prepared
by FRANK D. TARRALL, JR. & ASSOCIATES SURVEYORS & ENGINEERS
NORFOLK, VA - VIRGINIA BEACH, VA. - PRINCESS ANNE COURTHOUSE, VA.,"
and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia in Map Book 45, at page 37, and being further designated, known, and
described as 2405 Broad Bay Road, Virginia Beach, Virginia 23451;
WHEREAS, it is proposed by the Grantee to remove an existing pier and
mooring piles and to construct and maintain a pier and a boatlift, collectively, the
"Temporary Encroachments", in the City of Virginia Beach; and
GPIN: (NO GPIN REQUIRED OR ASSIGNED TO CITY PROPERTY KNOWN AS
ISLAND LAKE)
1499-98-3784-0000; (2405 Broad Bay Road)
WHEREAS, in constructing and maintaining the Temporary
Encroachments, it is necessary that the Grantee encroach into a portion of an existing
City property known as Island Lake located at the rear of 2405 Broad Bay Road,
Virginia Beach, Virginia, the "Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachments within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged,
the City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachments.
It is expressly understood and agreed that the Temporary Encroachments
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
Temporary Encroachments into the Encroachment Area as
shown on that certain exhibit plat entitled: "EXHIBIT A
PROPOSED ENCROACHMENT OF PIER & BOATLIFT IN
ISLAND LAKE, GPIN: 1499-98-3784, SHEET 1 OF 1, DATE:
OCTOBER 10, 2012, SCALE: 1" = 30'," a copy of which is
attached hereto as Exhibit "A" and to which reference is
made for a more particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachments from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
2
It is further expressly understood and agreed that the Temporary
Encroachments herein authorized terminate upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachments must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachments.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain
a building permit from the Department of Planning prior to commencing any construction
within the Encroachment Area (the "Permit").
It is further expressly understood and agreed that the Grantee shall make
a SEVEN HUNDRED FIFTY TWO DOLLAR ($752.00) payment, payable to the City
Treasurer, to the Department of Planning/Environment and Sustainability Office as
compensation for the typically required 15-foot-wide riparian buffer area that cannot be
3
established on the property of the Grantee; said buffers are a standard condition of the
City for shoreline encroachments. Said payment is equal to partial cost of plant material
which will be used to restore buffer areas on other City-owned property.
It is further expressly understood and agreed that the Grantee shall
maintain an existing mulched bed (approximately 1,100 sq. ft.) and forest canopy
(approximately 1,500 sq. ft.). The Grantee will install a meandering buffer to include
knock-out roses (the "Buffer") of a size and species of the Grantee's choice, to be
planted landward of the bulkhead near the South property line.
It is further expressly understood and agreed that the Grantee must obtain
and keep in effect liability insurance with the City as a named insured in an amount not
less than $500,000.00, per person injured and property damage per incident, combined,
with the City listed as an additional insured. The company providing the insurance must
be registered and licensed to provide insurance in the Commonwealth of Virginia. The
Grantee will provide endorsements providing at least thirty (30) days written notice to
the City prior to the cancellation or termination of, or material change to, any of the
insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the construction, location, and/or existence of the Temporary
Encroachments.
It is further expressly understood and agreed that the Temporary
Encroachments must conform to the minimum setback requirements, as established by
the City.
It is further expressly understood and agreed that the Grantee must
submit for review and approval, a survey of the Encroachment Area, eertified by a
registered professional engineer or a licensed land surveyor, and/or "as built" plans of
4
the Temporary Encroachments sealed by a registered professional engineer, if required
by either the Department of Public Works City Engineer's Office or the Engineering
Division of the Department of Public Utilities.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachments and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachments; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachments are
allowed to continue thereafter, and may collect such compensation and penalties in any
manner provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, John F. Davis, II and Myrtle J. Davis, the said
Grantees, have caused this Agreement to be executed by their signatures. Further, that
the City of Virginia Beach has caused this Agreement to be executed in its name and on
its behalf by its City Manager and its seal be hereunto affixed and attested by its City
Clerk.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
5
CITY OF VIRGINIA BEACH
gy (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
2012, by , CITY
,
MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me.
Notary Public
Notary Registration Number:
My Commission Expires: _
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
(SEAL)
The foregoing instrument was acknowledged before me this day of
2012, by , CITY
,
CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, on its behalf. She is personally known to me.
Notary Public
Notary Registration Number:
My Commission Expires: _
6
(SEAL)
By
John . Davis, II, Owner
By ?
Myrtle J. Dav' , Owner
STATE OF
CITY/C-6tJfd?'t' OF to-wit:
The foregoing instrument was acknowledged before me this ? day of
LE2??-dCZ , 2012, by John F. Davis, II.
'x ??r7 (SEAL)
Notary Public
Notary Registration Number:
EDWARD W SRITT
NOTARY PUBLIC
My Commission Expires: ?3/, 2C? f? Com;na??ti+?o??th of Virginia
M Re9 !' 1°32?16
-? 1
y cc?,?,??;?;; r:l
-- aY3,2016
STATE OF
CITY/GekfNT-?'OF to-wit:
The foregoing instrument was acknowledged before me this ?(?a ?'?'Cday of
2012, by Myrtle J. Davis.
? (SEAL)
No ary Public
Notary Registration Number: 19'3LLf(z, EDwARD W BRITT
NOTARY PUBLIC
My Commission Expires: A//19 V3/. 20 /?n CommonNfealth of Virginia
Reg. 932zt6
My Com n:--ion r ,Iay 31, 2016
7
APPROVED AS TO CONTENTS
/ z,.*, - x
,?-
SIGNAT
?I I /. /,., I . ? G
EPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
?
9,4NK-R. AKMEYER,
ASSI NT CITY ATTORNEY
8
ISLAND LAKE
? VIRGINIA BEACN CITY PROPERTY
0' 10' 20' 30' - - - - -
lll? 68' ?_?---
SCALE: t 30' MLW SPAN- _ ? - ? - -
? - _ _ _ _ _ --- - - - - PROPOSED PIER \-CENTER LiNE
AND BOATLIFf OF CnNAL
12.5'
0
PROP[RTY LINE
„ W
, 5 58 p8 ?3
PWE TREE
O O O O O O 0 0 O O
O O,O
\_WSTALL KNOCK-OUT ROSES
3'-4' O.C.
O
PWE TREES-/
3 PL 0
PROPERTY
LINE
J Q
'o HEDGE SHRUBS
o,
?
CAMELIA
?
u'
0 SHRUBS
2 PL?
? O
N
m
EXISTWG O
OAK TREE
4 PL
!;ZALEA ?
SHRUBS
SECTION I _OT 71
N/F BILL BACHSMITH
2401 BROAD BAY ROAD HEDGE
GPIN #1499 98 5801 SHRUBS ?
DOC #20100203000110940
MB45 P37 & 37A
CLIPPER LANE
? 125'
APPLICATION FOR ENCROACHMENT
)HN F. DAVIS, II & MYRTLE J. DAVIS
t05 BROAD BAY RD
RGINIA BEACH. VA 23451
EDGE OF MEAN HIGH WATER
EDGE OF MEAN LOW WATER
INSTALL MEANDERING BUFFER ABOVE
7' CONTOUR LWE
PIER TIEDOWN
1 2
A 110.6' 90.0'
B 129.9' 87.1'
#2405
32.0'
I la
O O O O O O O
O O
O
-63
EXIST PIER & MOORING PILES
(TO BE REMOVED)
r7' CONTOUR
WSTALL KNOCK-OUT ROSES J
3'-4' O.C.
EXISTING
? OAK TREE
? HEDGE
SHRUBS
2
O ?
9 . a o
o a a
0
0
v
SECTION I LOT 72
N/F JOHN F. DAVIS, II & MY T?_E JA DAVI`.
2405 BROAD BAY ROAD o
GPIN #1499 98 3784 ' DOC #20120912001047230 a v '
MB45 P37 & 37A ?.
0
R=120.00 -...? .
BROAD BAY ROAD
2 7.5o.
=` 4g'32.,
PROPERTY LWE ?
EXISTING
HAZELNUT TREE
2 PL
1 SECTION I LOT 73
? N/F BRIAN JONES
2409 BROAD BAY ROAD
cu GPIN #1499 98 2733
? DOC #200411180183248
M845 P37 & 37A
?
0
0
° ?4,o,LTH OF
? ° DAVID KLEDZIK y
Lic. No. 034674
?.. 'rP0 10/10/2012 5??,
?SONAL
EXHIBIT A r`?`r"'•"' "'.
MARINE ENGINEERING & TECHNOLOGY
PROPOSED ENCROACHMENT 1297 BRADDOCK AVE
OF VIRGINIA BEACH, VA 23455
PIER & BOATLIFT SHEEf 1 oF i
IN
I N K DATE: OCTOBER 10, 2012
I 1
1 ?A
' W 4?
142.40' S 68'5503' I
,
? k
,
i
;
??;1?'i
1 • .
?
? il ,
?
! S':
w , ' ' ?. ....
? f
,
.l
r\?
?
?
i
w ?
?
? rs
FO y
V•' ? 0 -i
W a,
LLn
? l
a ? °
w ' h
X
>,n
ZZ_ m
O W -.
0)
O LL
\ / /f ?
QI>
?Upm2
Q
J
ri 0ua?
UsN <
\ F
a_ Z O
W?
t
J
WF
?
•
l Q o
? ? U
m LL `
?
S a: = 4 ?
i ?
!+ ?
. 01
i ?
;/ 1 m
-65-
Itern -VI-J.S
ORDINANCES/RESOL UTIONS ITEM #62350
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE the Ciry Manager to EXECUTE the Phase V Development
Agy-eement and an Agreement SUPPORTING the ViYginia Beach Development Authority's obligations
under the Phase V documents and REQUEST VBDA to EXECUTE supporting documents re Town
Center Phase V
Yoting: 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
Coitncil Members Voting Nay:
William R. "Bill" DeSteph and John D. Moss
Coitncil Members Absent.•
None
November 13, 2012
1 ORDINANCE (1) APPROVING DOCUMENTS- FOR
2 PHASE V OF THE TOWN CENTER PROJECT, (2)
3 RECOMMENDING APPROVAL AND EXECUTION
4 BY THE CITY OF VIRGINIA BEACH
5 DEVELOPMENT AUTHORITY OF THE PHASE V
6 DOCUMENTS, AND (3) AUTHORIZING THE CITY
7 MANAGER TO EXECUTE AN AGREEMENT
8 SUPPORTING THE AUTHORITY OBLIGATIONS
g UNDER THE PHASE V DOCUMENTS
10
11 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of
12 Virginia Beach Development Authority (the "Authority"), the City Manager and City
13 staff have engaged in extensive negotiations with representatives of Armada/Hoffler
14 Development Company, L.L.C. and its affiliates, regarding the continued
15 development of the Central Business District Project known as "The Town Center of
16 Virginia Beach" (the "Project");
17
18 WHEREAS, the Project is a development arrangement between the Authority
19 and Town Center Associates, L.L.C. (the "Developer"), for a mixed-use commercial
20 development utilizing the structure of an economic development park in the B-3A
21 Pembroke Central Business Core District, an area of the City that is zoned to
22 optimize development potential for a mixed-use, pedestrian-oriented, urban activity
23 center with mid-to-high-rise structures that contain numerous types of uses,
24 including business, retail, residential, cultural, educational and other public and
25 private uses;
26
27 WHEREAS, on November 23, 1999, the City Council adopted Ordinance No.
28 99-2567B establishing the Central Business District -South Tax Increment Financing
29 Fund (the "TIF");
30
31 WHEREAS, Phases I, II and III of the Project have been completed and
32 Phase IV of the Project has expired;
33
34 WHEREAS, the Developer has worked with the City Manager and City staff
35 and has proposed a comprehensive development plan for Phase V of the Project;
36
37 WHEREAS, the City Manager and City Attorney, on behalf of the City and the
38 Authority, have pursued the negotiation of a Phase V Development Agreement and
39 other related Phase V documents (collectively, the "Phase V Documents") in
40 substantial conformity with the terms outlined on the Summary of Terms, attached
41 hereto as Exhibit A. A copy of the proposed Phase V Development Agreement has
42 been provided to City Council;
43
44 WHEREAS, included as one of the Phase V Documents is a support
45 agreement between the City and the Authority (the "Phase V Support AgreemenY")
46 pursuant to which the obligations of the Authority contained in the Phase V
47 Documents are supported by the City, (a) with the traditional public infrastructure
48 costs of the Project to be funded, in part, through the City's CIP and, in part, through
49 the Authority's Economic Development Investment Program monies and (b) with the
50 other obligations of the Authority structured to be paid, subject to annuat
51 appropriation, by (i) the available revenue from the TIF, including $2,500,000 in
52 EDIP Funds transferred from the Authority back to the TIF, and (ii) by available
53 revenue generated from the hotel taxes collected in Town Center (excluding those
54 taxes earmarked for the TGIF and TAP funds);
55
56 WHEREAS the City Council finds that Phase V of the Project will stimulate
57 the City's economy, increase public revenues, enhance public amenities and further
58 the City's development objectives for the Central Business District and provide
59 necessary components to further the goals contained in the City's Guidelines for
60 Evaluation of Investment Partnerships for Economic Development; and
61
62 WHEREAS, the City Council hereby approves the Phase V Documents and
63 desires that the Authority approve and execute the Phase V Documents.
64
65 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
66 OF VIRGINIA BEACH, VIRGINIA;
67
68 1. The City Council approves the execution of the Phase V Development
69 Agreement, which implements a development arrangement between the City of
70 Virginia Beach Development Authority (the "Authority") and Town Center Associates,
71 L.L.C. (the "Developer") for the development of Phase V of the mixed-use
72 commercial development project in the Central Business District utilizing the
73 structure of an economic development park known as the "Town Center of Virginia
74 Beach" (the "Project"), so long as such agreement is consistent with the Summary of
75 Terms attached hereto as Exhibit A, and such other terms, conditions or
76 modifications as may be acceptable to the City Manager and deemed legally
77 sufficient by the City Attorney.
78
79 2. The City Council requests and recommends that the Authority adopt a
80 Resolution consistent with this Ordinance (a) approving the Phase V Development
81 Agreement and all other documents required to implement the provisions of the
82 Phase V Development Agreement (collectively, the "Phase V Documents"), (b)
83 authorizing the execution of Phase V Documents, and (c) authorizing the City
84 Manager and the City Attorney, on behalf of the Authority, to proceed with the
85 development of any additional Phase V Documents necessary and appropriate or
86 contemplated by the Phase V Development Agreement to implement Phase V of the
87 Project consistent with the terms outlined in the Phase V Development Agreement.
88
89 3. On behalf of the City of Virginia Beach, the City Manager and the City
90 Attorney are hereby authorized and directed to proceed with the development of any
91 additional Phase V Documents necessary and appropriate or contemplated by the
92 Phase V Development Agreement to implement Phase V of the Project, with the
93 Phase V Documents to contain such terms as are consistent with the terms outlined
94 in the Phase V Development Agreement.
95 4. The Authority is hereby authorized to utilize $1,000,000 from its
96 Economic Development Investment Program ("EDIP") to partially fund the public
97 obligations as set forth in the Phase V Documents.
98
99 5. The Authority is requested to return $2,500,000 in EDIP Funds
100 previously provided by the City.
101
102 6. Upon receipt of the funds described in paragraph 5, supra, such
103 $2,500,000 are hereby accepted and appropriated, with estimated local revenues
104 increased accordingly, to the Central Business District - South Tax Increment
105 Financing Fund (Fund 169) to partially fund the public obligations as set forth in the
106 Phase V Documents.
107
108 7. The City Manager, or his designee, is authorized to execute and
109 deliver (a) the Support Agreement between the City and the Authority supporting the
110 Authority's obligations contained in the Phase V Documents and (b) such other
111 Phase V Documents to which the City is a necessary party to enable the Authority to
112 proceed with its obligations in Phase V of the Project.
113
114 8. The City Manager is authorized to modify the Phase V Documents to
115 which the City is a party to the extent such modifications may be technical in nature,
116 provided that after such modifications, the Phase V Documents shall remain in
117 substantial conformity with the Phase V Development Agreement and such
118 modifications are in a form deemed legally sufficient and satisfactory by the City
119 Attorney.
120
121 Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th
122 day of November , 2012.
REQUIRES AN AFFIRMATIVE VOTE BY A MAJORITY OF ALL THE MEMBERS
OF CITY COUNCIL
APPROVED O LE L
SUFFICIE Y AND M
City Attorney __
APPROVED AS TO CONTENT
Economic Development
P VED AS TO FUNDS
AV ILA ITY
t--
ina epartment
CA12406
V:\applicat ions\ciryl awprod\cycomi2\ W pdocs\D006\P004\00000226 DOC
R-3
November 6, 2012
APPROVED AS TO CONTENT
anage nt lervices
EXHIBIT A
SUMMARY OF TERMS- PHASE V TOVVN CENTER
Phase V of the Town Center Project will consist of a single-block mixed use
development on Block 11 of Town Center (presently surface parking)
1. Scope of Proposed Improvements
Single Block, Multi-facility, Mixed-use Development / Main Building: 14 Stories
• Parking Garage, Approx. 850-875 Spaces (6levels)
• Office Tower (8 levels above garage)
• Apartments above ground-level parking (4 floors- approximately
267 units)
• Retail, Main Lobby and Apartment Lobby (approxirnately 18,000
sq. ft.)
2. Developer Oblipations
A. Developer owns all of the land except for a 30' Strip along the western
edge of the block. Developer to purchase the 30' Strip from Authority (at
Authority's cost of acquisition and cost of carry).
B. Construct all improvements:
• Office Tower
• Main Lobby
• First Floor Retail
• Parking Garage
• Apartments
• Streetscapes
C. Estimated Private Investment: $70.4 million
3. Authority Obli2ations
A. Pay for Infrastructure Improvements:
• Estimated Cost: $1,000,000
• To include streetscapes, utilities, traffic signals
B. Lease 1 floor in new 14-story Office Tower.
• Leased Area: - 20,000 square feet
• VBDA's rent- Starting at $28.25 per square foot
• Rate not to be higher than anchor tenant
C. Extend term of current lease in Armada/Hoffler Tower by two years
(11/1/12 throubh 10/31/14).
• Developer has right to move Authority to alternate location in
Town Center during term if 10`h floor is needed far Hampton
University.
• Developer bears all costs of move.
D. Purchase Parking Garage:
• Estimated Cost: not to exceed $18 million
• Exact price to be determined based on construction costs
4. Other Terms:
A. New office tower to be anchored by Clark Nexsen.
Leasing 4 fu11 floors
Anticipate approx. 350 employees to relocate to Virginia Beach
B. Developer to construct temporary parking lot on Block 9 to partially
replace spaces lost during construction. Cost to be split between
Developer and Authority (Authority's share, estimated at $75,000, to
come from $1 million infrastructure budget).
-66-
Itefii -VI-J.6
ORDINANCES/RESOL UTIONS ITEM #6235I
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance DECLARING a Local Emergency re HurYicane Sandy
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
November 13, 2012
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
AN ORDINANCE CONFIRMING THE DECLARATION OF A
LOCAL EMERGENCY DUE TO HURRICANE SANDY
WHEREAS, Virginia Code § 44-146.21 authorizes the local director of
emergency management to declare the existence of a local emergency, subject to
confirmation by the governing body;
WHEREAS, in conformity with the Commonwealth of Virginia Emergency
Services and Disaster Law of 2000 (Virginia Code § 44-146.13 et seq.), City Council, by
adoption of §§ 2-411 through 2-413 of the City Code, created the Office of Emergency
Management and appointed the City Manager as the Director of Emergency
Management; and
WHEREAS, in response to the imminent threat of damage posed by Hurricane
Sandy, the City Manager, as the Director of Emergency Management, issued a
Declaration of Local Emergency on Saturday, October 27, 2012, effective at 5:00 p.m.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That, pursuant to Virginia Code § 44-146.21, the City Council hereby confirms
the Declaration of Local Emergency issued by the City Manager on October 27, 2012, a
copy of which is attached hereto and incorporated by reference, and hereby ends the
declared emergency, effective Monday, October 29, 2012, at 6:00 p.m.
Adopted by the Council of the City of Virginia Beach on the 13th day of
November 2012.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
Qtff \ as Lz- . ?% C?
City nager's Offi City At ey's ic
CA 1N62
R-2
October 30, 2012
City of 134ei-'ach
VBgov.com
OFFICE OFTHE CITY MANAGEH MUNICIPAL CEIV'TER
(757) 385-4242 BUILDING t, ROOM 234
FAX (757) 427-5626 2401 COURTHOUSE DRiVE
TUD (757) 385-0305 VIRGINIA BEACH, VIRGINIA 23455-9001
DECLARATION OF LOCAL EMERGENCY
T, the undersigned, as City Manager and Directar af I:mergency Management for the City
of' Virginia Beach, find the imminent threat of hurricane generated winds, forecasted to eause
coastal flooding and the very real possibility of tornadocs and power outages, along with the loss
or interruption of vital City services posed by Hurricane Sandy to be of sufficient severity and
magnitude to warrant coordinated local governrnent action to prevent or alleviate any potential
damage, loss, hardship or suffering. Therefore, pursuant to Code of Virginia § 44-146.21, as
amended, I hereby declare the existence of a Local Ernergency in the City of Virginia Beach
beginning October 27__, 2012 at s; 40 P" ,
In accordance with this lleclaratian, the Office of' T:mergency Management and all other
appropriate City agencies are hereby vested with, and authorized to carry out, all pawers, duties
and functions prescribed by State a local laws, riales, regulations and plans as may be necessary
to adequately and appxopriately respond to said Local Emergency.
?
. Spare, City Ma er &
rnergency Management
of I:
Vr
(0?--?o WL 9-? 3,()))--.
(llate)
-67-
Iteni -VI-J.7
ORDINANCES/RESOL UTIONS ITEM #62352
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Resolution to ESTABLISH Inter-Facility Care, LLC and AUTHORIZE an annual EMS
permit for private services
Yoting.• 11-0 (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
November 13, 2012
1 A RESOLUTION TO APPROVE ESTABLISHMENT OF MED 1
2 INTER-FACILITY CARE, LLC IN VIRGINIA BEACH AND TO
3 APPROVE AN ANNUAL EMS PERMIT FOR PROVIDING
4 PRIVATE AMBULANCE SERVICES
5
6 WHEREAS, in accordance with Code of Virginia § 15.2-995, City Council must
7 approve the establishment of an emergency medical service organization in the City of
8 Virginia Beach; and
9
10 WHEREAS, in accordance with Code of Virginia § 32.1-111.14 and City Code §
11 10.5-2 , any individual or organization that desires to operate an emergency medical
12 services agency or emergency medical services vehicles in Virginia Beach for emergency
13 transport or non-emergency transport purposes must apply for a permit; and
14
15 WHEREAS, a request for establishment and an application for a permit has been
16 received from Med 1 Inter-Facility Care, LLC; and
17
18 WHEREAS, this request and application has been recommended for approval by
19 the Virginia Beach Department of Emergency Medical Services; and
20
21 WHEREAS, City Council finds the approval of this request and application is in the
22 best interests of the citizens of Virginia Beach as it will assure continued and adequate
23 emergency services and will preserve, protect and promote the public health, safety and
24 general welfare of the citizens.
25
26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
27 VIRGINIA BEACH, VIRGINIA:
28
29 That the request of Med 1 Inter-Facility Care, LLC for the establishment of its
30 emergency medical service in the City of Virginia Beach, and its application for an annual
31 EMS permit for providing private EMS ambulance services in the City of Virginia Beach is
32 hereby approved and granted, effective immediately and until June 30, 2013.
33 13th
34 NovMp?ed by the Council of the City of Virginia Beach, Virginia, on the day of
35 , 2012.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
? Ertier ency Medical Services
/? .
City Attorney's Office
CA 12456
R-1
October 22, 2012
-68-
Itefn -VI-J.8
ORDINANCES/RESOL UTIONS ITEM #62353
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council ADOPTED, BY
CONSENT, Ordinance to APPROPRIATE and TRANSFER a Thirty Thousand Dollar ($30, 000)
donation from Miyazaki City, Japan, re construction costs of the Azumaya and expansion of the Miyazaki
Garden at Red Wing Park
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
Cocincil Members Yoting Nay.•
None
Council Members Absent.•
None
November 13, 2012
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
AN ORDINANCE TO APPROPRIATE AND
TRANSFER A DONATION FROM MIYAZAKI CITY,
JAPAN, ONE OF THE CITY'S THREE SISTER
CITIES, TO OFFSET A PORTION OF THE
CONSTRUCTION COSTS OF THE AZUMAYA
LOCATED IN THE JAPANESE GARDEN AT RED
WING PARK
WHEREAS, On April 4, 2012, Miyazaki City, Japan, one of three Sister Cities to
the City of Virginia Beach, donated thirty thousand U. S. dollars ($30,000) to offset a
portion of the construction costs of the Azumaya and expansion of the Japanese
Garden at Red Wing Park; and
WHEREAS, to expedite the project the Department of Parks and Recreation
charged the construction costs to the City Beautification Fund and other Landscape
Maintenance accounts, completed the construction of the Azumaya, and the Dedication
Ceremony was held July 25, 2012.
WHEREAS, the donation from Miyazaki was not appropriated in FY 2011-12, so
these funds remain available for appropriation in the fund balance of the General Fund.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA THAT:
1) $30,000 is hereby appropriated from the fund balance of the General Fund,
with estimated revenues increased accordingly, to the FY 2012-13 Operating Budget of
the Office of the City Clerk in the Sister Cities Program; and
2) $30,000 is hereby transferred from the FY 2012-13 Operating Budget of the
Office of the City Clerk to the City Beautification Fund (Fund 908) for reimbursement of
the construction costs of the Azumaya and expansion of the Japanese Garden at Red
Wing Park.
Adopted by the Council of the City of Virginia Beach, Virginia on the 13th day
of November , 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:
i
Management Services H y Att s Office
CA12461
R-1
October 22, 2012
. -? i .,ir'1. .. .. ?t. ,;. .f,.-r. . . . . .,
^
?
O
E^l
W
L^`
W
V
c-
0
+j
m
V
?
?
tB
?
?
C
N
Q
z
W
?
?
J
1
U
?
?
Z
DA
V I
?
0
?
N
d
a"
N
L
2
m
?
N
?
v
.?
m
c
?
u
?
`o
L
47
N
?
>
.Z
?
N
0
L
3
?
L
?
CL
0)
c
? N
N O
0:? N
C ?
? N
-2 ?
?
t?
N
?
A
0?-
c
0
N
U
C
O
m
N
?
«
?
c
m
?
?
m
Q.
S,
U
N
?
;L
`t
0
Z
?
U
?
c
a?
E
OC
? ` C
T C. V
g ?
Q
? > 3
? - O
G? `02-0
c ? N
Q +-'
? c.M
???
?
Q E
?
Y
?
/
?
L
Z)
N
Q
W
i
1
L L
y C ?
? 0
m u0i
V
L.L L N
O
N ?
N
?
? N
L ? Q
N w
? m
E Q'? Q Q Q
O O ? V?
- cVii ?
o cv
4J Z
? ?
?
> 3 U E
O ?
?
V ? u, ? •? +? a?
o
O y ?
? O
2 2
1 ? U ? N .+ a e
N a.
c
3 ? ? m .2 ?n
E ? f0 y ? 7
tp GI ? ? C
a o
A C a O !? N N
10
ON) ? C a ? N?
, o E ? d T V ?C
?m„ O m ?o
J y m p? p C m T
0 -2 y N V d
) ?p 2 ? ? c
d
J N ?A N ?+ ? ? O
r.
> Q .G m a ? Q T IO
y? ? vEi a d m ??
? °
y ? N ?', ? 'C d N
? aV? A y o c Y a
1 f0 N ? a C E
.J U e,, Cf ?p !! 'jN L i0 O
? « ?+ n ? V
J t m R 0 y CO c
v 8. " 't A
p ?`o c N 2
? N C Q N
c aC A
i £ o ? ? 0
E ? m tE . ,n u
2 mm V _VOl C ? y !'? 10
L L N N O TU 3 Ti
N
E C:
a
m ? Q1
Z ? r
+' a?i °' U
?
p ?
- ??
V
M
N a ? o
•
}j > 16 f? Y ? ?
?
y ;L Vf
? f ++
? c0 ? ? -?
LLl
N CL n Y
o
U f? C
Z 0 ?N E
?
O ? Y
o ? ? ? V °u
C? C .? = c
O L ? ?
Q1 Q f0
++ .
? `
a =
(1)
N
y s
U
L
(L Q
g N Ol O1 G? N
O y C.
?o E '? -? . y y
d L T
; J Y ?
'
?
?
N
>
o O
w
C
R
C
L
N L O_
N ? G)
C
'?
A
O
10
?
d
U C
O O
`? d
y
d L
?
10 I
p
C N
.U
? Y
N
m
N
m
d y Y T
?
'a
? O
o
c 0
"o N
- A
? o
.
p '
a)
G!
?
E $ m d o
a A 3 2 c y ?
0 y d
E
? >
o C
O
$
?
- -
u X
? ?
c
m Cl ? •"-' o m a m c
C
O
G C
? M .7 7 c 0 N
? = i. 'o ? ? 2 E ?
0
O
Q
? C
Y
?
41
2
"' 7y
Q G1
O w d ? u O
O. L
f0 n N
-C N
? E N
°- O
?o y
a C
d
a 3 d
Y o a `, ? '° c
O
m
C?
Y
f0 ?
Q?
y A
O E
? ?
x
f0 m
Z
E -c. °u F°- u. ? ? ~ ° o
i
-69-
Item -VI-K
PLANNING
1. BRAVA LLC
ITEM #62354
2. COLONIAL COLLISSION CENTER, LLC
DBA RICK HENDRIX COLLISSION CENTER
3. ROBERT and RAMONA CASTNER
4. ARCHANGEL ENTERPRISES, INC.
5. MPB, INC.
6. CITY OF VIRGINIA BEACH
MODIFICATION OF CONDITIONS
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CHANGE OF ZONING
CONDITIONAL USE PERMIT
CHANGE OF ZONING
FLOODPLAIN VARIANCE
November 13, 2012
-70-
Itent -VI-K
PLANNING ITEM #62355
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE
MOTION, BY CONSENT, Items 1, 2, 3, 4, 5(DEFER TD 121412012) and 6 of the PLANNING
AGENDA.
Tjoting: 11-0 (By Consent)
Council Members Troting 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
Coztncil Members Yoting Nay:
None
Coztncil Members Absent.•
None
November 13, 2012
-71-
Iteni -VI-K.1
PLANNING
ITEM #62356
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council MODIFIED, BY
CONSENT, Application ofBRAVA L.L.C., for Modifcation of Conditions Nos. 1 and 2 re a parking lot
at 2002 Pacific Avenue (approved August 23, 2011) and ALLOW enlargement of the parking area
(DISTRICT 6 - BEACH); subject to:
1. Except as required by Condition 2, improvements shall be in substantial
conformance with the Plan entitled, "Parking Lot Site Plan, Ocean
Horizons Properties, LC, Virginia Beach Development Co., Virginia Beach,
Virginia" prepared by WPL Landscape Architects Land Surveyors Civil
Engineers, dated October 11, 2011, and revised April 24, 2012, which has
been exhibited to the City Council and is on file in the Department of
Planning.
2. Standard perimeter parking lot landscaping shall be Yequired along Pacific
Avenue and 20`h Street to include a minimum five foot (5 ) wide planting
bed with a combination of trees and evergreen shrubs.
3. The attendant Kiosk shall be similar in design to the building elevations of
the 4'-10" x 6'-7" Hardi-Panel siding with vinyl corner trim, submitted
with the 2011 Conditional Use Permit.
4. The gate shall consist of materials that are generally recognized as
maintenance free. A detail of the gate shall be submitted with the final Site
Plan for approval.
5. The hours of operation for the parking lot shall be identical to the hours of
the City's parking lots, as established by City Council, for publicly owned
parking lots within the Resort Area. 6. The vehicular access point for the parking lot shall meet the requirements set
forth in the Public Works Standards and Specifications Manual.
7. All outdoor lighting shall be shielded to direct light and glare onto the
premises and said lighting and glare shall be deflected, shaded and focused
away from adjoining property. A photometric plan shall be submitted
during Site Plan review.
8. Trash receptacles shall be installed and maintained at the locations
determined during Site Plan review.
9. Provide, at Site Plan review, a Stormwater Management Plan for water
quantity conveyance and storage and water quality treatment, in
accordance with the City's Site Plan, Stormwater Management Ordinances
and Public Works Specifications and Standards.
10. Since this commercial parking lot will not be stripped, the lot shall be
operated only when an attendant is stationed on the site to valet park
vehicles.
November 13, 2012
-72-
ITEM #62356(Continued)
The Planning Commission ADDED the following condition to those
recomniended by staff (listed above).
11. If a fence is installed, provide a non-opaque fence no taller than four (4)
feet, constructed of maintenance free materials along the perimeter of the
parking lot, with the exception of the gated ingress/ egress. Landscaping
shall be installed outside the fence. Said fence shall not be chain link or
wood split rail.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Thirteenth day of November,
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 Yoting Nay:
None
Council Members Absent:
None
November 13, 2012
-73-
Iteni -VI-K.2
PLANNING
ITEM #62357
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council
APPROVED/CONDITIONED, BY CONSENT, Application of COLONIAL COLLISION CENTER,
LLC, DBA Rick Hendrick Collision Center, for a Conditional Use Permit re automobile repair
facility/garage at 2700 International Parkway (DISTRICT 6- BEACH); subject to:
The site shall be developed in substantial accordance with the submitted
"Conditional Use Permit Exhibit 2700 International ", dated 09111112, and
prepared by Martin Engineering. Said "Preliminary Plan " has been
exhibited to the Virginia Beach City Council and is on file in the Planning
Department.
2. The building shall be developed in substantial accordance with the submitted
"Conceptual Perspective 1 2700 International ", dated September 10, 2012,
and prepared by Finley Design. Said perspective has been exhibited to the
Virginia Beach City Council and is on file in the Planning Department.
3. The fence shall be developed in substantial accordance with the submitted
"Fence Exhibit 2700 Building" and dated July 30, 2012. Said fence exhibit
has been exhibited to the Virginia Beach City Council and is on file in the
Planning Department.
4. Building and monument signs shall be designed in substantial accordance
with the submitted "Sign Elevations 2700 International Pkwy ", dated July
26, 2012, and prepared by Cardinal Sign Corporation. Said sign exhibits
must meet Zoning Ordinance requirements. Said sign exhibits have been
exhibited to the Virginia Beach City Council and are on file in the Planning
Department.
5. All motor vehicle repairs shall take place inside the building. No inoperable
vehicles shall be located in the parking area outside of the vehicle storage
area.
6 There shall be no outside display or storage of equipment, parts or materials.
7. There shall be no storage containers outside the building or parking spaces.
8. No outdoor speakers or public address system shall be permitted.
9. All outdoor lights shall be shielded to direct light and glare onto the
premises and said lighting and glare shall be deflected, shaded and focused
away from all adjoining properties.
10. A Certificate of Occupancy shall be obtained from the Building Official for
the appropriate use gr°oup.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Thirteenth day of November,
Two Thousand Twelve
November 13, 2012
-74-
Iterii -VI-K.2
PLANNING ITEM #62357(Continued)
Voting: 11-0 (By Consent)
Council 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
CoLCncil Members Yoting Nay:
None
Council Members Absent.•
None
November 13, 2012
-75-
Itein -VI-K.3
PLANNING
ITEM # 62358
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council
APPROVED/CONDITIONED, BY CONSENT, Application of ROBERT and RAMONA CASTNER for
a Conditional Use Permit re home daycare at 5236 Windsor Lane (DISTRICT 2- KEMPSVILLE);
subject to:
The Family Day-Care Home shall be limited to a total of twelve (12)
children, other than children living in the home.
2. Hours of operation shall be limited to Monday through Friday, 8: 00
A.M. to S: 30 P.M.
3. No more than one (1) person, other than the applicant, shall be employed
by the home Daycare and attendant at any one time.
4. A fence, to be maintained in good condition at all times, shall enclose the
outdoor play area. The fence shall meet the requirements of the Virginia
Department of Social Services.
5. No signs advertising the "home " Daycare shall be permitted on the lot
or any structure on the lot at any time.
6 The applicant shall be licensed with the Commonwealth of Virginia.
Failure to maintain said license in good standing shall result in
revocation of this Use Permit.
7. The applicant shall obtain all necessary permits and inspections from the
Planning Department / Permits and Inspections Division. The applicant
shall secure a Certificate of Occupancy from the Building Official for
"home " Daycare use.
City Council defzned "one employee " as "one employee at a time "
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 ThiYteenth day of November,
Two Thousand Twelve
November 13, 2012
-76-
Iten: -VI-K.3
PLANNING
Yoting.• 11-0
Coitncil Members Voting Aye:
ITEM #62358(Continued)
Glenn R. Davis, Willianz R. "Bill " DeSteph, Hariy 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 antl
James L. Wood
Council Members Tloting Nay:
None
Coiincil Members Absent:
None
November 13, 2012
-77-
Item -VI-K.4
PLANNING
ITEM #62359
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council
APPROVED/CONDITIONED, BY CONSENT, Applications of ARCHANGEL ENTERPRISES, INC.,
at Maxey Drive and Virginia Beach Boulevard (DISTRICT 6- BEACH); subject to:
a. Change o Zonin from A-12 Apartment to B-2 Community Business
An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court
b. Conditional Use Permit re motor vehicle sales/service
The site shall be developed substantially in accordance with the
submitted "Site Developinent Plan of Virginia Beach Autoplex, Virginia
Beach Boulevard and Maxey Drive ", prepared by NDI Engineering
Company, Basgier and Associates Division. Said plan has been exhibited
to the Virginia Beach City Council and is on file in the Planning
Department.
2. The proposed buildings shall substantially adhere to the submitted
"Lynnhaven Motor Company Presentation Package ", prepared by Ionic
Dezign Studios, and dated July 20, 2012. Said rendering package has
been exhibited to the Virginia Beach City Council and is on file in the
Planning Department.
3. A Lighting Plan and/or Photometric Diagram Plan shall be submitted
during detailed Site Plan review. Said Plan shall include the location of
all pole mounted and building mounted lighting fixtures, and the listing
of lamp type, wattage, and type of fixture. Lighting shall overlap and be
uniform throughout the parking area. All lighting on the site shall be
consistent with those standards recommended by the Illumination
Engineering Society of North America. The Plan shall include provisions
for implementing low-level security lighting for non-business hours.
4. Parking spaces and display area spaces shall be clearly delineated in the
parking lot, in accordance with the approved Plan. Vehicles shall be
parked in the designated areas, and no vehicles shall be parked within
any portion of the public right-of-way. TTehicles shall not be displayed on
raised platforms. Vehicles shall not be displayed or parked within any
landscaped areas on the site. Yehicles shall not be displayed with the
hood of the vehicle open.
5. There shall be no electronic display signs, neon signs or neon accents
installed on any wall area of the exterior of the bLiilding, windows and
doors. There shall be no pennants, streamers, balloons, poYtable signs,
strings of lights or banners displayed on the site or the vehicles.
6 No outdoor speakers or public address system shall be permitted.
November 13, 2012
-78-
Iteni -VI-K.4
PLANNING
ITEM #62359(Continued)
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 Thirteenth day of November,
Two Thousand Twelve
Yoting: I1-0
Council 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
November 13, 2012
-79-
Itein -VI-K.5
PLANNING
ITEM #62360
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED TO
121412012, BY CONSENT, Application of MPB, INC. for a Conditional Change of Zonin? from AG-I
and AG-2 Agricultural to Conditional 0-2 Office at Princess Anne Road and Elson Green Avenue
(DISTRICT 7- PRINCESS ANNE)
Yoting: 11-0
Council 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. UhYin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
November 13, 2012
-80-
Item -VI-K.6
PLANNING
ITEM #62361
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council
APPROVED/CONDITIONED, BY CONSENT, Application of CITY OF VIRGINIA BEACH for a
Floodplain Tjariance re parking lot improveinents at Little Island Park at 3820 Sandpiper Road
(DISTRICT 7- PRINCESS ANNE); subject to:
When Phases 1B, 2, and 3B are constructed, the parking lot shall be in
substantial conformance with the exhibit entitled "Little Island Parking Lot
Improvements, Proposed Conditions, " prepared by LandStudio, PC, dated
81112012. A separate Floodplain Variance will be required for the Phase 3A
improvements, if a variance is determined to be necessary, prior to
construction.
This Ordinance shall be effective in accordance with Section 107(0 of the Zoning Ordinance.
Adopted by the City Council of the Ciry of Virginia Beach, Virginia, on the Thirteenth day of November,
Two Thousand Twelve
Voting.• 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent.•
None
Novernber 13, 2012
-81-
ITEM VI-L
APPOINTMENTS ITEM #62362
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
BOARD OF B UILDING CODE APPEALS
BOARD OF ZONING APPEALS
CHESAPEAKE BA Y PRESER VA TIONAREA BOARD
COMMUNITY POLICY AND MANAGEMENT TEAM (CSA)
COMMUNITY SER VICES BOARD - CSB
EASTERN VIRGINIA HEALTH SYSTEMS AGENCY
GREEN RIBBON COMMITTEE
HISTORIC PRESERVATON COMMISSION
HISTORICAL REVIEW BOARD
RESORT ADVISORY COMMISSION
SOUTHEASTERNPUBLIC SERVICE AUTHORITY
VIRGINIA BEACH COMMUNITYDEVELOPMENT CORPORATION
November 13, 2012
-82-
Item -VI-O
AD.IOURNMENT ITEM #62216
Mayor William D. Sessoms DECLARED the Ciry Council MeetingADJOURNED at 6:18 P.M.
?
,110?e Amanda Finley-Barnes, CMC
Chief Deputy City Clerk
C?, ???'? i/?
Ruth Hodges Fraser, MMC
City Clerk
City of Virginia Beach
Virginia
William D. Sessoms, Jr.
Mayor
November 13, 2012
-83-
PUBLIC DIALOGUE
Christine Ross, 1647 Ocean Bay Drive, Phone: 905-1835, stated Lyme Disease is a life threatening
illness and prevention is the best way to stop the spread of the disease. So why don't you legalize the
ownership of backyard chickens? Ms. Ross also requested the Ciry close the abortion clinics within the
City by rezoning the properties, buying the buildings where they operate and/or declaring the clinics as
"dangerous nuisances ".
Jimmy Frost was a designated Poll Officer and was proud to serve the City. Mr. Frost arrived at the
Precinct at 5:45 A.M. and everyone was shocked to see the lines grow. The Poll workers did everything
they could to move the process along. Mr. Frost stated so much has been given for our freedom and
liberty and questioned how anyone can complain about standing in line to vote.
Jennifer Colaizzi, 3753 Chesterfield Avenue, Phone: 271-3240, expressed her concerns regarding Marlin
Bay Road extension. Ms. Colaizzi stated she has a petition with over 300 signatures and is working on
getting more.
Tracy Okroy, 840 Crepe Myrtle Court, Phone: 513-7825, requested the City legalize backyard chickens.
Ms. Okroy stated the chickens are quiet, eat Lyme disease ticks and provide a source of nutrition. Ms.
Okroy advised Norfolk and Suffolk allow backyard chickens.
Vince Colaizzi, 3753 Chesterfield Avenue, Phone: 271-3240, expressed his concerns regarding Marlin
Bay Road extension. Mr. Colaizzi requested City Council preserve this property.
Karen Murphy, the founder of Friends of Live Oaks in Virginia Beach, requested Ciry Council consider
alternatives to the development of 15 privately owned lots surrounding Pleasure House Point.
The Public Dialogue re Non Agenda Items concluded at 6:32 P.M.
November 13, 2012
-82-
Item -VI-O
ADJOURNMENT ITEM #62216
Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:18 P.M.
Amanda Fin ey- arne , C C
Chief Deputy Ciry Clerk
/.??t ?=?-?
uth Hodges Fraser, MMC
Ciry Clerk
City of Virginia Beach
Virginia
William D. Sessoms, Jr.
Mayor
November 13, 2012