HomeMy WebLinkAboutNOVEMBER 18, 2008 MINUTES
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CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MA YOR U )U!S R. JONES, Bays,de - D'strlct 4
WILLIAM R. DeSTEPH, At-Large
HARRY E. D1EZhL, KempsVille - District 2
ROBERT M. DYleR" Centerville - District J
RARBARA M. HI:NU,'Y, Princess Anne Dis'r1ct 7
RhBA S Mc( VLVAN, Rose Hall - D,strict 3
.fOHN h'. [fHRI.\' Reach D,.\.trlct 6
lION A VIUAA IIHVA, At-I,arge
ROSI:MARY WilSON, At-Large
.fAMHS I" WOO/), I,ynnhaven -D,strlct 5
CITY COUNCIL AGENDA
( 'f7'Y MANACihR - .fAMHS K. SPOR/;,
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18 NOVEMBER 2008
I.
CITY MANAGER'S BRIEFINGS
- Conference Room -
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH. VIRGINIA 23456-8005
PHONE. (757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycncl@vbgov.com
1:00 P
A. WILLIAMS FARM COMMUNITY RECREA nON CENTER
Barry Frankenfield, Administrator - Planning Design and Development, Parks and Recreation
B. PLANNING ITEMS REVIEW
Jack Whitney, Director - Planning
II. CITY COUNCIL LIAISON REPORTS
III. CITY COUNCIL COMMENTS
IV. CITY COUNCIL / SCHOOL BOARD BRIEFING
-Building 19-
A. ANNUAL FIVE-YEAR FORECAST
Catheryn Whitesell, Director - Management Services
V.
REVIEW OF AGENDA
- Conference Room -
VI. INFORMAL SESSION
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
3:00 PM
4:00 PM
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IV. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCATION:
Reverend Steve Kelly
Wave Church
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
October 28, 2008
G. AGENDA FOR FORMAL SESSION
H. TOWN CENTER PHASE IV - BRIEFING
Patricia Phillips, Director, Finance
Mark Wawner, Project Development Coordinator - Economic Development
I. PUBLIC HEARING
1. LEASE OF CITY-OWNED PROPERTY - Sheffield Court
J. CONSENT AGENDA
K. ORDINANCES/RESOLUTION
1. Ordinance to AMEND 92-20 re time and place of regular formal City Council meetings to set
same as the 2nd and 4th Tuesday of each month with an informal meeting on the 1 st Tuesday.
2. Ordinance to AUTHORIZE the City Manager to modify the Beacon Exchange agreement,
APPROPRIA TE the funds and AUTHORIZE the Virginia Beach Development Authority
(VBDA) to use EDIP funds for the Exchange
3. Ordinance to AUTHORIZE the City Manager to execute a five-year lease of City-owned
property with Frank T. and Laura R. Mulcahy off Sheffield Court re maintenance needs of
Pembroke Lake DISTRICT 4 - BA YSIDE
II
4. Ordinance to AUTHORIZE temporary encroachments into a portion of City owned property-
Lake Wesley for GARY W. LONDON and MARLETA K. LONDON, to construct and
maintain a portion of a fixed pier, a boat lift, an aluminum ramp, a floating pier and mooring
piles at 468 Southside Road DISTRICT 6 - BEACH
5. A Resolution REQUESTING approval of the design for the SalemlPrincess Anne Road
Intersection Improvement Project
6. Ordinance to ACCEPT and APPROPRIATE a Grant from the Virginia Departments of
Forestry and Conservation and Recreation re an Urban Tree Canopy Analysis
7. Ordinance to ACCEPT a Grant for communications equipment from the Virginia
Department of Emergency Management Grant Office to Communications and Information
Technology (COMIT)
8. Ordinance to ACCEPT a donation of parts from FIREHOUSE SUBS PUBLIC SAFETY
FOUNDATION re public fire prevention education
9. Ordinance to ACCEPT and APPROPRIATE a Grant from the U. S. Department of
Homeland Security/FEMA Cooperative Agreement re activation of V A-TF2 Urban Search
and Rescue Team for tropical storms and hurricanes
10. Ordinance to ACCEPT and APPROPRIATE a Grant from the U. S. Department of
Homeland Security/FEMA re enhanced medical training and equipment re EMS "Four-for-
Life"
11. Ordinance to ACCEPT a Grant from the Virginia Department of Health re medical services for
the EMS Four-for-Life
12. Ordinance to ACCEPT and APPROPRIATE a Grant from the Virginia Department of
Criminal Justice Services to the Police re terrorism deterrents
13. Ordinance to APPROPRIATE a Grant from the DEA Shared Asset Special Revenue Fund to
the Police Department re canines
L. PLANNING
1. Application of CHRISTINE PINKSTON for a Conditional Use Permit re a residential
kennel at 1428 Princess Anne Road. DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION:
APPROV AL
2. Application ofT ANIKA DRA WHORN for a Conditional Use Permit re a home daycare at
811 Admissions Court. DISTRICT 2 - KEMPSVILLE
RECOMMENDA nON:
APPROV AL
3. Application ofT-MOBILE NORTHEAST, L.L.C. for a Conditional Use Permit re a
communication tower at 2224 Greenwell Road. DISTRICT 4 - BA YSIDE
RECOMMENDA nON:
APPROV AL
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4. Application of ARGOLD DAM NECK, L.L.c. for a Change of Zoning District
Classification (COZ) from R-15 Residential District and AG-l Agricultural District to
Conditional R-7.5 Residential District at Dam Neck Road and Southcross Drive to develop
single-family dwellings. DISTRICT 7 - PRINCESS ANNE
APPLICANT REQUESTS DEFERRAL TO NOVEMBER 25, 2008
5. Ordinance to AMEND the Comprehensive Plan and incorporate the 2008 OUTDOOR
PLAN as an appendix
M. APPOINTMENTS
BOARD OF BUILDING CODE APPEALS (Plumbing and Mechanical Division)
COMMUNITY SERVICES BOARD
HISTORIC PRESERVATION COMMISSION
MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE
P ARKS AND RECREA nON COMMISSION
REVIEW AND ALLOCATION COMMITTEE (COG)
SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA)
nDEW A TER REGIONAL GROUP HOME COMMISSION
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC)
WORKFORCE HOUSING ADVISORY COMMITTEE
N. UNFINISHED BUSINESS
O. NEW BUSINESS
1. ABSTRACT OF VOTES - General Election of November 4, 2008
P. ADJOURNMENT
**********************************
PUBLIC COMMENTS
Non-Agenda Items
**********************************
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Agenda 11/18/0Xst
\vww.vbgov.com
Citv Council Sessions for November and December 2008
November 25
Briefing, Informal, Formal, including Planning
December 2
December 9
Briefing, Informal, Formal, including Planning
Briefing, Informal, Formal, including Planning
* * * * * * * * *
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
* * * * * * * * * * *
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MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
November 18, 2008
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING re WILLIAMS
FARM COMMUNITY RECREATION CENTER, Bayside District, in the City Council Conference
Room, Tuesday, November, at 1:00 P.M
Council Members Present:
William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor
Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A
Villanueva, Rosemary Wilson and James L. Wood
Council Members Absent:
Robert M Dyer
[Entered: 1:15 P.M]
John E. Uhrin
[Out of the City:
Marriage/Honeymoon.]
November 18, 2008
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C IT Y MANA G E R 'S B R IE FIN G
WILLIAMS FARM COMMUNITY RECREATION CENTER
ITEM # 58216
1:00 P.M.
The City Manager introduced Cindy Curtis, Director of Parks and Recreation, to detail information
relative the preliminary design and site selection on a possible Community Recreation Center in the
western portion of Bayside.
Cindy Curtis advised a tremendous amount of time and energy has been expended on the creation of this
plan, a dedicated group of community members and professionals prepared this Plan which represents
the desires and intended results of the community. Cindy introduced:
Consultant Study Team
C. Michael Ross, AlA, REFP: HBA Architecture & Interior Design
Delceno C. Miles: The Miles Agency
Janet L. Jordan, CPRP: Moody Nolan, Inc.
Scott W. Hester, P.E. : Counsilman-Hunsaker
William D. Almond, ASLA: WPL
Delceno Miles advised the process was very open. Every opportunity was made for the public to become
engaged and involved in the entire process.
Six (6) Workshops were conducted with local civic organizations by a 40-person steering Committee,
and reached over one hundred jifty (150) citizens: Aragona Civic League, Cypress Point Civic
Association, Lake Edward Area Civic League, Newtown Cultural Life Center, Northwest Beach
Partnership and Virginia Beach Branch of the National Association for the Advancement of Colored
People (NAACP).
Twenty-three (23) Stakeholder Interviews were conducted, which included six (6) Workshops with
Neighborhood Schools. Two (2) Public Meetings were conducted, March 13, 2008 and October 16,
2008, involving a Presentation, Open Forum and an Open House. Over three hundred (300) citizens were
reached through this process.
Janet L. Jordan, Moody Nolan, Inc, advised the existing Recreation Centers were examined to determine
a needs analysis: the 12-Minute Drive Time, Area Age and Income Demographics were examined.
Demographic and Market Needs Analysis
Seatack Recreation Center
Bow Creek Recreation Center
Kempsville Recreation Center
Princess Anne Recreation Center
November 18,2008
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C IT Y MANA G E R 'S B R IE FIN G
WILLIAMS FARM COMMUNITY RECREATION CENTER
ITEM # 58216 (Continued)
12 Minute Drive Time Demographics:
Six Existing Centers + New Williams Farm Community Recreation Center
POPULATION
Bayside
83,070
Great Neck Princess Anne
Seatack
Bow Creek New Center
153,930' 140,286
"iC> 'I'fOU5ING
<?_~_~~ Occue!'.".~_ 55.60~ ---~!~" 79.~.o.% 48.40% 63.20% 56.80% 55.30%
Renter Occupied 36,90% 37.30% 14.20~ 42.00% 31.10% 36.90% 38.10%
Vacant Houses 7.60% 7.60% 6.60% 9.50% 5.80% 6.30% 6.70%
---- -.---
....CE
White 70.60% 82.80% 77.90% 77.70% 63.20% 66.70% 64.50%
Black 19.70% 10.40% 12.10% 14.00% 23.60% 21.00% '25.20%
'::~_~_I}~ian/E~kimo 0.30% 0.20% 0.20% 0.30% 0.30% 0.30% 0.30%
_______~ian 4.1~.. 2.30% 3.9t?% -~~Q"(a" 6.8Q~ 5.40% 4.30%
Hawaiian/Pac Island 0.10% 0.01% 0.10% 0,10% 0.10% 0.10% 0.10%
Multirace 3.50% 2.40% 3.800/Q 3.30% 3.90% 4.10% 3.70%
Williams Farm Location - Area Age
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November 18, 2008
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C IT Y MANA G E R 'S B R IE FIN G
WILLIAMS FARM COMMUNITY RECREA TION CENTER
ITEM # 58216 (Continued)
Williams Farm Location - Area Income
The Steering Committee received twenty-three (23) responses re Recreation and Community Programs
and Indoor Activity Spaces.
Public input receivedfifty (50) responses re Indoor Activity Spaces.
Recreation and Community Programs
Sports
Fitness
Senior Adult Programs
Aquatics
Community/Civic Meetings
Camps
Top Indoor Activity Spaces
. Gymnasiums
. Aquatics: Leisure Pool
. Fitness Area
. Game Room
. Meeting Rooms
. Teen Program Area
. Senior Adult Program Area
. Babysitting
. Walk/Jog Track
. Computer Room
. Dance/Aerobic Room
Michael Ross, HBA Architecture & Interior Design, advised the success of this facility will depend, to a
large extent, on the quality and safety of pedestrian and bicycle access route. A graphic depicting the
new Community Recreation Center Pedestrian and Bicycle Access was displayed
November 18, 2008
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C IT Y MANA G E R 'S B R IE FIN G
WILLIAMS FARM COMMUNITY RECREATION CENTER
ITEM # 58216 (Continued)
Mr. Ross displayed the Conceptional Design recommendation, but the Committee voted overwhelmingly
to proceed with the development of the north parcel. Sixty (60) parking spaces exist as part of the
Master Plan.
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Scott W Hester, P.E.: Counsilman-Hunsaker, advised the most exciting space in this proposed building is
the pool area. The overwhelming responses received relative the pool area were to be more recreation
andfamily based in design.
November 18,2008
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C IT Y MANA G E R 'S B R IE FIN G
WILLIAMS FARM COMMUNITY RECREATION CENTER
ITEM # 58216 (Continued)
Most of the pools today are rectangular in shape and more conductive for competitive swimming. A
major recreational multi-purpose pool has been designed.
Mr. Ross displayed graphics featuring multi-purpose pool amenities, a water spray-ground (outside the
building). Views from the North, Southeast and Main Entrances of the Recreation Center were displayed.
Preliminary Estimate of Development Costs
Estimated Building Construction Cost
Estimated Site Development Costs
Project Contingency
Estimated Soft Costs
Total Estimated Project Budget in 2009 Dollars
$ 18,181,600
$ 2,290,000
$ 2.047,160
$ 4.196,678
$ 26,715,438
For the purpose of Capital Improvement Program planning, the Total Estimated Project Development
Budget should be escalated at a minimum of 6% per year to the mid-point of the anticipated construction
period for the project:
Total Estimated Project Budget in 2010 Dollars
Total Estimated Project Budget in 2011 Dollars
Total Estimated Project Budget in 2012 Dollars
Total Estimated Project Budget in 2013 Dollars
Total Estimated Project Budget in 2014 Dollars
$ 28,318,364
$ 30,017,466
$ 31,818,514
$ 33,727,625
$ 35,751,282
November 18,2008
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C IT Y MANA G E R 'S B R IE FIN G
WILLIAMS FARM COMMUNITY RECREATION CENTER
ITEM # 58216 (Continued)
Barry Frankenfield, Administrator - Planning Design and Development - Parks and Recreation, advised
the preliminary estimate of operational expenses, could change...
Building Maintenance Budget
Operating Budget
Personnel
Vt ilities
Supplies
Other Contract Services
$ 73,666
$ 209,952
$ 18,995
$ 251,145
$ 1,655,920 Personnel
Subtotals
$ 553,758
$ 140,750 Supplies
$ 132,336 Other Contract Services
$ 55,579 Internal Services
$ 21.211 Other Charges
$ 2,005,796
Total Estimated Combined Annual
Maintenance & Operating Budgets
(FY 2009/2010 Dollars)
$ 2,559,554
This is a design build process and therefore can be completed more expediently.
Proposed Timeline and Funding Required to Proceed
July-Year 1
$ 300,000 additionalfundingfor design (35% Construction
Documents) and direction to proceed with the project
July-Year 2
Completion of 35% Construction Documents, advertisement for Design
Build Team
July-Year 2
$ 27,000,000 Construction Funding and award of Design Build Contract
July-Year 3
$ 3,000,000 Contingency and FFE Funding
Years 3 to 4
Construction
End of Year 4
Facility Open to Public
Mr. Frankenfield expressed appreciation to Kevin Jensen. Project Manager - Public Works, Engineering.
for his dedication and capabilities. He was unable to attend this Briefing due to Training.
Councilman Diezel advised he requested the Staff of Parks and Recreation seriously as a future
consideration another concept other than the Recreation Center on a smaller scale to address specific
needs within the community encompassing not only health and fitness but a Safety and Learning Center.
November 18. 2008
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C IT Y MANA G E R 'S B R IE FIN G
PLANNING ITEMS REVIEW
1 :48 P.M.
ITEM # 58217
Jack Whitney, Director - Planning, gave a brief synopsis of the Planning Items pendingfor City Council
on December 2 and 9, 2008
December 2, 2008
Karen Parker (Conditional Use Permit)
Bayside District
The applicant requests a Conditional Use Permit to allow a home Daycare at her residence.
The applicant has been licensed for a maximum capacity of twelve (12) children ranging in age
from infants to twelve (J 2) years..
AICUZ is Less than 65.
Evaluation and Recommendation
Planning Staff recommends approval
Planning Commission recommends approval (10-0)
Consent Agenda
No opposition
Joynt Enterprises (Modification of Use Permit))
Kempsville District
The applicant requests a Modification of a 1999 Conditional Use Permit to allow re-use of the
site as a Suzuki dealership.
The applicant will renovate the fafade of the building and make improvements to the site.
AICUZ is Less than 65.
Evaluation and Recommendation
Planning Staff recommends approval
Planning Commission recommends approval (10-0)
Consent Agenda
No opposition
November 18,2008
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C IT Y MANA G E R 'S B R IE FIN G
PLANNING ITEMS REVIEW
ITEM # 58217 (Continued)
NTelos (Conditional Use Permit)
Centerville District
The applicant requests a Conditional Use Permit for a wireless communication tower.
Applicant proposes a 132-foot high, stealth, flagpole-type communications tower within the
rear parking lot of an existing shopping center.
Antennas for up to three (3) carriers will be concealed within the flagpole. The ground
equipment is proposed within a 20- by 40-footfenced area behind the retail shops.
AICUZ is Less than 65
Evaluation and Recommendation
Planning Staff recommends approval
Planning Commission recommends approval (10-0)
Consent Agenda
No Opposition
5073 Virginia Beach Boulevard, LLC (Conditional Use Permit)
Kempsville District
The applicant requests a Conditional Use Permit to allow development of the site for a 6,500
square foot, two-story building to operate a motor vehicles sales and rental business.
-The applicant will construct a two-story building with a 3,250 squarefootfootprint at the
southeast corner of the site. The first floor showroom and the second floor offices make up the
proposed 6,500 square foot building.
AICUZ is Less than 65
Evaluation and Recommendation
Planning Staff recommends approval
Planning Commission recommends approval (10-0)
Consent Agenda
No Opposition
November 18, 2008
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C I T Y MANA G E R 'S B R I E FIN G
PLANNING ITEMS PENDING
ITEM # 58217 (Continued)
Columbus Tower Block 5-A2 (Conditional Use Permit)
Lynnhaven District
The applicant requests a Conditional Use Permit to allow use of two floors of an existing
building for a private college.
Anticipated enrollment will ultimately reach 516 students and 42 staff will be employed.
The applicant does not anticipate more than 250 students and employees on-site at any given
time. Adequate parking within Town Center is available for this use.
AICUZ is Less than 65.
Evaluation and Recommendation
Planning Staff recommends approval
Planning Commission recommends approval (l0-0)
Consent Agenda
No Opposition
Neal Reed (Modification of a Conditional Use Permit)
Beach District
The applicant is requesting a modification to the conditional use permit to allow renovation of
the site and to construct a convenience store.
The original request for the conditional use permit did not include a convenience store nor was
a convenience store depicted on the site plan submitted with the original request; therefore, the
conditional use permit must be modified.
AICUZ is Greater than 75 and APZ 2.
Evaluation and Recommendation
Planning Staff recommends approval
Planning Commission recommends approval (10-0)
Consent Agenda
No Opposition
November 18,2008
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C IT Y MANA G E R 'S B R IE FIN G
PLANNING ITEMS PENDING
ITEM # 58217 (Continued)
Joyce Lee Crumble (Subdivision Variance)
Beach District
The applicant is requesting a Subdivision Variance to allow use of an existing parcel for a
single-family dwelling.
The parcel was created by deed in 1980, and is thus not a legal lot for the purposes of the
Subdivision Ordinance.
The lot does not meet the required lot width for the R-7.5 Residential District. Thus, a
Subdivision Variance must be obtained before the lot can be recorded and built upon.
AICUZ is Greater than 75 and APZ 2.
Evaluation and Recommendation
Planning Staff recommends approval
Planning Commission recommends approval (10-0)
Consent Agenda
No Opposition
City of Virginia Beach
An Ordinance to amend Section 211 of the
City Zoning Ordinance (CZO) by allowing certain
temporary signs in all zoning districts
City of Virginia Beach
An Ordinance to amend Section 203 of the
City Zoning Ordinance (CZO) pertaining to parking requirements
in the B-3A Pembroke Central Business Core District
City of Virginia Beach
An Ordinance to adopt the Resort Area Strategic Action Plan as
an Appendix to the Comprehensive Plan
November 18, 2008
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CITY MANA GER 'S BRIEFING
PLANNING ITEMS PENDING
ITEM # 58217 (Continued))
1000 Great Neck Road, LLC (Modification ofa Conditional Use Permit)
Lynnhaven District
The applicant requests a modification of the existing Conditional Use Permit for a church to
allow for expansion of the parking lot.
The applicant acquired an additional parcel adjacent to Great Neck Road and desires to
expand the parking lot onto this parcel.
AICUZ is Less than 65.
Evaluation and Recommendation
Planning Staff recommends approval
Planning Commission recommends approval (10-0)
Consent Agenda
No Opposition
December 9, 2008
501 22nd Street (Conditional Rezoning)
Beach District
The applicant proposes to rezone the property, currently zoned A-12 to Conditional RT-
3 Resort Tourist Districtfor the purpose of using the existing single-family dwelling for
a custom countertop showroom and office.
The applicant intends to maintain the exterior of the existing structure as a house and
add a parking lot for eight (8) vehicles on the rear of the lot.
The interior of the dwelling will be renovated to resemble a model home with high end
kitchens and custom bathrooms. Customer traffic will be by appointment only.
AICUZ is 65 to 70.
Evaluation and Recommendation
Planning Staff recommends approval
Planning Commission recommends approval (10-0)
Consent Agenda
No Opposition
November 18. 2008
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C IT Y MANA G E R 'S B R IE FIN G
PLANNING ITEMS PENDING
ITEM # 58217 (Continued)
Bukola Oduyelu, DDS (Rezoning)
Princess Anne District
The applicant proposes to rezone the existing R-20 property to 0-1 Office to build an office for
his dental practice.
The design of the dental office is a transitional style with a mansard architectural grade
shingled roof and masonry exterior. The building is designed as one-story with a small second
floor office space.
AICUZ is 70 to 75.
Evaluation and Recommendation
Planning Staff recommends approval
Planning Commission recommends approval (10-0)
There was opposition.
Mr. Whitney advised the site plan depicted a second building in the rear, which was the subject
of discussion and a source of concern relative the opposition. Mr. Whitney believes the
applicant will modify the application and reduce the impact by eliminating the second structure
(triangular shaped building) and the parking which would have been required.
Agape Full Gospel Deliverance and Worship Center
Kempsville District
The applicant requests a Conditional Use Permit for a church in a portion of an existing
building located on Indian River Road. There are a total of 80 members
A portion of the building is under renovation for a Daycare facility, unrelated to the church,
which is a permitted "by-right" use.
The church plans to utilize an approximate 2,000 square foot unit that includes the sanctuary,
administrative offices, a media room, a kitchen, a fellowship hall, the pastor's study and two
(2) restrooms. No exterior alterations are proposed.
AICUZ is Less than 65.
Evaluation and Recommendation
Planning Staff recommends approval
Planning Commission recommends approval (10-0)
There was No Opposition.
Consent Agenda
November 18, 2008
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C IT Y MANA G E R 'S B R IE FIN G
PLANNING ITEMS PENDING
ITEM # 58217 (Continued)
Military Aviation Museum
Princess Anne District
The currently requested Modification to the existing Conditional Use Permit proposes an
expansion to the museumfor five (5) additional structures, with parking, and an expansion to
the existing parking lot.
Thefive (5) buildings include: a restored "Cottbus" German hanger originally built in 1939; a
restored British control tower circa 1941; a replica World War I hanger; a 15,000 square foot
maintenance building; and, a 10,000 square foot storage building for equipment, parts, and
supplies. It is anticipated that the proposed replica World War I hanger will house up to 14
World War I airplanes.
AICUZ is Less than 65.
Evaluation and Recommendation
Planning Staff recommends approval
Planning Commission recommends approval (10-0)
There was opposition.
Council Lady Henley has requested further information as there were concerns of the neighbors. Council
Lady Henley advised there is no application similar to this in the City.
Mr. Whitney advised the Planning Commission included two (2) or three (3) additional conditions
re,\ponding to some of the concerns of the Opposition re landscape buffering along the Northern property
line and the elimination of any future potential for access to the rear of the airfield from Baum Road.
There was extensive discussion re these issues.
Councilman Villanueva advised there are some communities in Florida with a similar concept. Mr.
Whitney advised this is a private collection and not open to general aviation activity. Additional data will
be provided re operation.
November 18, 2008
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CITY COUNCIL LIAISON REPORTS
2:15 P.M.
ITEM # 58218
Councilman Villanueva, Technology Liaison, distributed his report, which is hereby made a part of the
record.
InSITE -Human Resources/Payroll System - CIP 3.280 ($10,223,061)
The purpose of this project is to consolidate multiple aging Human Resources and Payroll systems into
one centralized, integrated system, streamline business processes, improve reporting and data access
capabilities and meet the demands of the City's changing workforce.
Present Status
System integration testing is complete
Parallel payroll testing is underway. The first two parallel payrolls have been
successfully run; payroll data will be keyed into the Oracle test system by distributed
departmental Payroll and Leave Clerks for the third parallel payroll test.
January 1, 2009: New System Launch
Enterprise Storage System (SAN) ($210,000)
The City's Storage Area Network is a critical component of the City's computing
infrastructure. It is the repository for the vast majority of the City's electronic data
including enterprise and departmental application databases, email databases and mot
departmental shared files. The existing SAN is quickly reaching capacity and rapidly
reaching its end of life as high demand projects such as the Revenue, Assessment and
Collection System, Departmental SQL Server databases and other departmental
applications are being brought online. A cost-benefit analysis showed that moving to a
newer and more fault tolerant system would not only add significant storage capacity
and new technical capabilities, but would also reduce the overalllifecycle cost to the
City by $52,000. The SAN was upgraded from two (2) separate devices to a clustered
model.
Enterprise High Speed Printing Equipment Replacement
Installation of the equipment and implementation of new workflow/process capabilities
are complete, with a $12,000/year reduction in operating costs achieved. This project
also resulted in technical, service and business process enhancements that were not
available previously.
SDS Parcel Analyst ($1,195)
The Department of Management Services has a new tool for performing real estate
based revenue analysis. Parcel Analyst, by Strategic Data Solutions (SDS), brings City
GIS and real estate information together and allows an analyst to view property values
and characteristics on an interactive map of Virginia Beach. Data is updated nightly so
that current information is available for analysis. The tool puts the control of selecting
parcels on a map and producing reports on real estate information in the hands of the
Analyst.
November 18,2008
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CITY COUNCIL LIAISON REPORTS
ITEM # 58219
Councilman Villanueva advised out of 120,000 e-mails which arrive at the City each day, 80% are
scanned messages: 67% of this mail is blocked at the server and never reaches the employee, and, 15% is
delivered to the individual AS Junk mail.
Council Lady Henley expressed concern tht some of the e-mail delivered is "junk" and believes the scan
system could be improved.
ITEM # 58220
Council Members Villanueva and Dyer, Liaisons to the Minority Business Council, welcomed several
hundred Minority Businesses and Women Owned Businesses to the Tenth Annual Conference and
Expo, Thursday, November 13, 2008, 2:00 P.M., Convention Center. Awards were presented in the
following categories:
Small, woman- and minority-owned business awards to vendors or contractors who have
made outstanding contributions to the City of Virginia Beach
Diversity Champion Award to large businesses/prime contractors who demonstrate an
increasing utilization of woman- and minority-owned businesses
Exceptional Achievement Awards to individual staff members and/or City departments
who made noteworthy contributions to the City of Virginia Beach's Small, Woman and
Minority-Owned Business Program in any aspect.
ITEM # 58221
Open Space Program and Funding, Council Lady Henley, Liaison, distributed the report.
Present status of Open Space Program Funding
Twenty-two (22) sites equaling 1,810 acres acquired since 2000 under the Open Space
Program Site Acquisition Capital Improvement Program (CIP) project.
As of November 14, 2008, there is $6.14-MILLION unspent appropriations available
form both CIP 4.004 and CIP 4.070 Open Space Program Site Acquisition accounts-
Phase I and II, considering funds "reserved" for sites are pending acquisition
$2. 31-MILLION of $6. 14-MILLION for Agricultural Reserve Program eligible areas.
The funds "reserved" for acquisition include costs related to acquiring one hundred
fifty-four (154) acres on seven (7) sites as well as other expenses related to the Open
Space Program.
Marshview Site, Marshview Drive, 82 acres on Lake Rudee
Commonwealth of Virginia Property, 900 Block of General Booth Boulevard
4300 Block Virginia Beach Boulevard on Thalia Creek
500-Block South Lynnhaven Road
Virginia Power Right-of-Way
Lake Lawson Phase II (City of Norfolk)
Thalia Creek Greenway parcels
November 18.2008
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CITY COUNCIL LIAISON REPORTS
ITEM # 58222
Councilman DeSteph, Liaison - Bikeways and Trails Advisory Committee, referenced the impressive
presentation by Public Works concerning the Improvement Program on West Neck Road and Indian
River Road and how this affects the on-road bicycle trails through that portion of the City.
November 18,2008
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CITY COUNCIL COMMENTS
2:25 P.M.
ITEM # 58223
Mayor Oberndorf advised seven (7) Mayors were chosen by the U.S. Conference of Mayors to
participate in a delegation to Saudi Arabia, November 6 thru 13, 2008. Mayor Oberndorf advised this
was at the expense of the Saudi government. Mayor Oberndorf was the only woman chosen to
participate. Their hospitality was "par excellence ". She visited with the Crown Prince of Saudi, as the
King was in Washington, D. C. The representatives advised when the United States has a "sneeze" in the
economy, the rest of the World catches pneumonia. The government was interested in knowing when there
would be a stabilization of the American economy. The delegation visited their oil field. As the sun goes
down, the white powder sand turns into a burnished gold. The young engineers advised they have
attended Stanford University, University of Virginia and Harvard Law School. America '.I' education
system is greatly admired. The children also advised of parents owning homes all over America. One of
the Sheiks had bequeathed enough funding to construct a special school for the teaching and care of
children who were mentally and physically challenged.
November 18, 2008
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AGE N DA REV IE W S E S S ION
2:30 P.M.
ITEM # 58224
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
K. ORDINANCES/RESOLUTION
1. Ordinance to AMEND 82-20 re time and place of regular Formal City Council
meetings to set same as the 2nd and 4th Tuesday of each month.
2. Ordinance to AUTHORIZE the City Manager to modify the Beacon Exchange
agreement, APPROPRIATE the funds and AUTHORIZE the Virginia Beach
Development Authority (VBDA) to use EDIP funds for the Exchange
3. Ordinance to A UTHORIZE the City Manager to execute a five-year lease of City-
owned property with Frank T. and Laura R. Mulcahy off Sheffield Court re
maintenance needs of Pembroke Lake DISTRICT 4 - BA YSIDE
4. Ordinance to AUTHORIZE temporary encroachments into a portion of City owned
property-Lake Wesley, for GARY W. LONDON and MARLETA K. LONDON, to
construct and maintain a portion of afixed pier, a boat lift, an aluminum ramp, a
floating pier and mooring piles at 468 Southside Road (DISTRICT 6 - BEACH)
5. A Resolution REQUESTING approval of the design for the SalemlPrincess
Anne Road Intersection Improvement Project
6. Ordinance to ACCEPT and APPROPRIATE a Grant from the Virginia
Departments of Forestry and Conservation and Recreation re an Urban Tree
Canopy Analysis
7. Ordinance to ACCEPT a Grant for communications equipment from the Virginia
Department of Emergency Management Grant Office to Communications and
Information Technology (COMIT)
8. Ordinance to ACCEPT a donation of parts from FIREHOUSE SUBS PUBLIC
SAFETY FOUNDA TION re public fire prevention education
9. Ordinance to ACCEPT and APPROPRIATE a Grantfrom the U S. Department of
Homeland Security/FEMA Cooperative Agreement re activation of VA-TF2 Urban
Search and Rescue Team for tropical storms and hurricanes
10. Ordinance to ACCEPT and APPROPRIATE a Grantfrom the us. Department of
Homeland Security/FEMA re enhanced medical training and equipment re EMS
"Four-for-Life"
11. Ordinance to ACCEPT a Grant from the Virginia Department of Health re medical
services for the EMS Four-for-Life
November 18, 2008
,II II II
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AGE N DA REV IE W S E S S ION
ITEM # 58224 (Continued)
12. Ordinance to ACCEPT and APPROPRIATE a Grantfrom the Virginia Department
of Criminal Justice Services to the Police re terrorism deterrents
13. Ordinance to APPROPRIA TE a Grant from the DEA Shared Asset Special Revenue
Fund to the Police Department re canines
Item K.2 (Beacon Exchange agreement) will be DEFERRED, BY CONSENT, until the City Council
Session of November 25, 2008.
ITEM # 58225
Council Lady Henley referenced Item K.5 on the City Council Agenda.
A Resolution REQUESTING approval of the design for the SalemIPrincess
Anne Road Intersection Improvement Project
During the past ten (10) days, there have been some major accidents on both Salem and Princess Anne
Roads, which resulted in fatalities. These are some very challenging roads in this City. As the road
building funds will be scarce during the next few years, it will not be possible to conduct many upgrades.
Council Lady advised of the request by the Currycomb residents for either a traffic light or lowering the
speed limit.
ITEM # 58226
Councilman Diezel referenced the item requested by Sheriff Lanteigne and requested this item be
ADDED to the Agenda:
Resolution requesting reimbursement from the Commonwealth of
Virginia for twenty-jive percent (25%) of the construction costs for a
new Multi-Use Correctional Facility
Sheriff Lanteigne advised a Community Based Corrections Plan was recently prepared for the Sheriff to
determine the City's immediate and future bed requirements for the Correction Center. The study
concluded the City needs a 250-bed stand-alone facility to house minimum security, work release, work-
crew and weekender inmates to assist in alleviating overcrowding in the existing Correctional facility.
The facility would replace the recently closed Annex facility and would be used as an emergency shelter
for the City in the event of pandemic or emergency needs. State law provided the Commonwealth will
re imburse up to one-fourth of the capital costs for jail construction, subject to approval by the Board of
Corrections.
To be in que for this reimbursement from the State, as tomorrow the Virginia State Corrections conducts
its last meeting until March, the Legislators have advised this Resolution should be considered today.
Sheriff has also received a letter from the Criminal Justice Services Board stating approval and this will
be personally delivered tomorrow, November 19, 2008.
November 18, 2008
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AGE N DA REV IE W S E S S ION
ITEM # 58227
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
L. PLANNING
1. Application of CHRISTINE PINKSTON for a Conditional Use Permit re a
residential kennel at 1428 Princess Anne Road. DISTRICT 7 - PRINCESS
ANNE
2. Application ofTANIKA DRAWHORNfor a Conditional Use Permit re a home
daycare at 811 Admissions Court. DISTRICT 2 - KEMPSVILLE
3. Application ofT-MOBILE NORTHEAST, I.I.Cfor a Conditional Use Permit
re a communication tower at 2224 Greenwell Road. DISTRICT 4 - BAYSIDE
4. Application of ARGOLD DAM NECK, I.L.C for a Change of Zoning District
Classification (COZ) from R-15 Residential District and AG-1 Agricultural
District to Conditional R-7.5 Residential District at Dam Neck Road and
Southcross Drive to develop single-jamily dwellings. DISTRICT 7 - PRINCESS
ANNE
5. Ordinance to AMEND the Comprehensive Plan and incorporate the 2008
OUTDOOR PLAN as an appendix
Council Lady Wilson will vote a VERBAL NAY on Item L.2. (TANIKA DRAWHORN)
Item L.4 (ARGOLD DAM NECK, L.I.C) will be DEFERRED, BY CONSENT. until the City Council
Session of November 25,2008.
City Council RECESSED at 2:51 P.M., to CONVENE the CITY COUNCIL/SCHOOL BOARD
BRIEFING re the ANNUAL FIVE-YEAR FORECAST in Building 19.
November 18,2008
I,
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Mayor Meyera E. Oberndorf called to order the CITY COUNCIL/SCHOOL BOARD BRIEFING re
the ANNUAL FIVE- YEAR FORECAST in Building 19. at 3: 15 P.M
Council Members Present:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones. Reba S. McClanan, Mayor Meyera E.
Oberndorf Ron A Villanueva, Rosemary Wilson and James L. Wood
Council Members Absent:
John E. Uhrin
[Out of the City:
Marriage/Honeymoon.}
School Board Members Present:
Rita Sweet Bellitto, William J Brunke, IV, Todd C. Davidson, Emma L. Davis,
Chairman Daniel D. Edwards, Edward Fissinger, Sr., Dan R. Lowe, Carolyn
D. Weems
Patrick Salyer - School Board-Elect
School Board Members Absent:
Patricia Edmondson, Sandra Smith-Jones and Michael W. Stewart
School Board Administration:
Dr. James G. Merrill, Superintendent, Farrell E. Hanzaker, Chief Financial Officer
November 18. 2008
,II II
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CITY COUNCIL/SCHOOL BOARD BRIEFING
FIVE-YEAR FORECAST
FISCAL YEARS 2010 THROUGH 2014
3:15 P.M.
ITEM # 58228
Catheryn Whitesell, Director - Management Services, advised this Forecast has been difficult due to the
turbulence in the overall economy. The Forecast depicts a substantial deficit driven predominateZv by
lower revenues, not rising costs.
. The FY 2010 Deficit
City
Schools
$ 38.3
$ 42.9
Total Deficit:
$ 81.2
Currently -
. Real Estate taxes expected to be $22.2-MILLION under budget
. Personal Property taxes may miss budget by $16.5-MILLION
. Business Licenses may be $4. 7-MILLION short
. State revenues are estimated to be $17.5-MILLION less than the FY 2010 budget
The City should not feel alone. Nearly every area community and many states are facing these same
economic forces. As the economy continues to worsen, there is more discussion of government layoffs,
elimination of programs, tax increases, furloughs and elimination of capital projects. Virginia Beach has
not yet instituted any of these.
Cities and Counties with similar shortfalls include: Tucson. Phoenix, Norfolk, Philadelphia, Atlanta. Los
Angeles, Prince William County; Arlington; Fairfax and Loudon County. Even States, like Georgia,
California, and Oregon, are facing these same forces. So many state and local governments are in this
situation and several are seeking assistance from the Federal Government.
Forecasting in Turbulence
. History provides limited guidance
. Unprecedented involvement by the Federal Government in financial markets
. Municipal and State budgets across the country are struggling - we are not alone
. Ongoing wars - impact on Military deployments & spending
Forecasting in Turbulence-Seek Advice:
. Leading Economists
. Regional City Managers
. Regional Budget and Finance Directors
. Experts in the field
. Research; Research; Research
November 18. 2008
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CITY COUNCIL/SCHOOL BOARD BRIEFING
FIVE-YEAR FORECAST
FISCAL YEARS 2010 THROUGH 2014
ITEM # 58228 (Continued)
The Virginia Department of Finance utilizes a U shaped model of the economy to describe the current
environment. The red arrow illustrates a steep decline in the economy and in turn local revenues, but a
relatively quick recovery. After discussions with the economists in October, the "U" is probably broader
and the recovery longer in coming. However, this forecast and the responses crafted will be reflective of
how City Council and the Virginia Beach School Board see this model.
Where are we on the curve? Ifwe think we are nearing the bottom and should be improving by 2010 or
2011 then we need to take short term steps to balance the budget. If we think we are still falling or that
recovery will not be until 2012 and beyond, then long term strategies to balance, might need to be
implemented.
What We "Know"-
. Regionally residential housing value may continue to decline by 3 to 5%
. Homeowners have become used to using their homes as an "ATM"
. Sales will be weak at least through 2009
. Businesses will continue to struggle
. Inflation should remain low - deflation may be the norm
. Demand for City and School services increase as the economy worsens
November 18,2008
ill II II
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CITY COUNCIL/SCHOOL BOARD BRIEFING
FIVE-YEAR FORECAST
FISCAL YEARS 2010 THROUGH 2014
ITEM # 58228 (Continued)
Relative housing, the City is for the first time since 1993 seeing a real decline in the median assessed
values of homes in the City. For FY 2010 total assessments are expected to decline by 3%. Home values
are projected to decline by 5% with commercial and new construction bringing the average back up to a
3% decline. For the Forecast, the City is projecting that assessments will not increase in FY 2011, but
there is some concern that this may still be too optimistic and further erosion of home values could occur
in the second Fiscal Year.
The good news is that foreclosures, while up substantially, are still far below historic levels. Currently,.
there are roughly 600 homes in foreclosure, 160 in pre-foreclosure status and an additional 273 in
auction status. This equates to less than %% of the total homes in Virginia Beach are in some state of
foreclosure, hardly a "foreclosure rich environment" as recently quoted by Forbes Magazine on its web
site. In Phoenix, Arizona, over 25,000 homes are inforeclosure (4 %% of their total homes).
As the graph depicts, assessments are predicted to drop by 3% on average, taking total real estate tax
revenue down to that level as well. The City is projecting FY 2011 will stabilize at that lower level, but
there is a real chance that there may be further erosion of the housing market into 2011 as home prices
continue to decline. After that point revenue growth is expected to begin to reach historic levels based on
the recovery of the overall economy.
November 18,2008
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CITY COUNCIL/SCHOOL BOARD BRIEFING
FIVE-YEAR FORECAST
FISCAL YEARS 2010 THROUGH 2014
ITEM # 58228 (Continued)
0.0%
-10.0%
-20.0%
-30.0%
('f) "<t LO co t-- co 0) 0 ..- N ('f) "<t LO co t--
0) 0) 0) 0) 0) 0) 0) 0 0 0 0 0 0 0 0
0) 0) 0) 0) 0) 0) 0) 0 0 0 0 0 0 0 0
..- ..- ..- ..- ..- ..- ..- N N N N N N N N
Source: Virginia Autorrobile Dealers Association
As this graph illustrates, new car registrations continue to decline as national concerns over the stability
of the big three auto makers, gasoline prices and overall economic concerns for families keep consumers
from replacing older vehicles.
November 18,2008
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CITY COUNCIL/SCHOOL BOARDBRIEFING
FIVE-YEAR FORECAST
FISCAL YEARS 2010 THROUGH 2014
ITEM # 58228 (Continued)
In addition to the decline in new car sales, SUVs and pickup trucks are losing value. As this graph
illustrates, we areforecasting a decline of$16-MILLION in revenue in FY 2010 with a slight recovery in
FY 2011 and beyond as consumers need to replace older vehicles.
120.0
105.0
90.0
75.0
60.0
45.0
30.0
@
~
~
~
~
~
~
~ ~ ~ i i ~
Source: The Conference Board
Consumer confidence continues to erode as the economy worsens, people grow concerned for their
jobs as housing and retirement values decline. This decline in confidence will affect tourism, sales
and businesses
November 18, 2008
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CITY COUNCIL/SCHOOL BOARD BRIEFING
FIVE-YEAR FORECAST
FISCAL YEARS 2010 THROUGH 2014
ITEM # 58228 (Continued)
November 18, 2008
II
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CITY COUNCIL/SCHOOL BOARD BRIEFING
FIVE-YEAR FORECAST
FISCAL YEARS 2010 THROUGH 2014
ITEM # 58228 (Continued)
The average taxpayer should pay approximately $179 less in taxes to support City and School services
November 18,2008
,II II
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CITY COUNCIL/SCHOOL BOARD BRIEFING
FIVE-YEAR FORECAST
FISCAL YEARS 2010 THROUGH 2014
ITEM # 58228 (Continued)
Farrell E. Hanzaker, Chief Financial Officer - Virginia Beach City Public Schools. addressed the
Schools Forecast. Relative the decline in student enrollment, Elementary enrollment actually increases
by 134 students.
November 18,2008
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CITY COUNCIL/SCHOOL BOARD BRIEFING
FIVE-YEAR FORECAST
FISCAL YEARS 2010 THROUGH 2014
ITEM # 58228 (Continued)
Catheryn Whitesell, Director - Management Services, advised relative the $38-MILLION shortage
projected on the city-side, $25.4-MILLION is a local tax loss. Beyond the City's share of the City-School
Revenue Sharing Formula, approximately $4.6-MILLION in revenue is declining. These include revenue
tied to housing, such as deeds and building permits. Tourism revenues are expected to make current FY
2010 estimates, assuming that gasoline prices stay down and the weather is good. Since Virginia Beach is
a drive-to destination, this City may be viewed as a less expensive vacation alternative.
November 18,2008
II
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CITY COUNCIL/SCHOOL BOARD BRIEFING
FIVE-YEAR FORECAST
FISCAL YEARS 2010 THROUGH 2014
ITEM # 58228 (Continued)
On the expenditure side, the forecast assumes the continuation but not expansion, of current programs
and that staff will only be added for a new facility planned in 2011, the Joint Use Library (scheduled to
open that year). Given the revenue situation, it will be extremely difficult to add staff in the near term.
Compensation increases at 2.5% of payroll each year of the Forecast. Retirement and Health insurance
costs are forecast to remain at 2009 levels. With Virginia Retirement System costs, this could prove
difficult as the State retirement system tries to recoup losses from the stock market decline.
City Forecast Over Next 5 Years -
51.100 ~~
c:::J Expenditures - Revenues
r~~-
- $38.3 --
!!!!!!!! ~
million { =
I
I
$1000
5900
en
c
0 5800
2:
$700
5600
5500
2009
Budget
2010
Budget
2011
2012
2013
2014
As the graph illustrates, the FY 2010 budget has a $38.3-MILLION shortfall that will need to be closed
to balance. If real reductions in the cost of services, or variety of programs, are made, elimination of
this $38.3-MlLLION short all will reduce the uture years de ,cits in e ect closin the out ear gaps.
November 18,2008
Ii II
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CITY COUNCIL/SCHOOL BOARD BRIEFING
FIVE-YEAR FORECAST
FISCAL YEARS 2010 THROUGH 2014
ITEM # 58228 (Continued)
Combined the City and Schools are $81.2-MILLION out of balance with the FY 2010 Budget adopted last
May. Changes in the economy have significantly changed revenue projections and the State's budget
shortfall may further impact this problem. Without any corrective steps, this shortfall will grow to just
over $100-MILLION by FY 2012 when expected improvements in the economy will reduce the remaining
deficits.
Threats to This Forecast
. Length and severity of economic downturn
. State budget
. Energy and other cost drivers
. Maintenance/replacement of infrastructure
. Changes in Military spending
Given the volatile nature of the economy, there are several threats to this Forecast which could drive the
shortfalls deeper, obviously the length and severity of the economic downturn. If the City recovers
relatively quickly, then substantial improvements could be seen in the revenue projections, however, it
may be more likely that the recovery drags out over three or four years.
The State Budget situation is again hinging on the economy and has real potential to change aid to both
the City and Schools which will impact specific programs at times their service demand may be rising.
Energy costs and infrastructure backlogs could force increases in the cost to deliver services to the
community. One large threat is the continued lack offundingfor transportation state-wide. The City now
has bridges being closed rather than repaired, roads with maintenance rating of "D" or worse and
congested arterials with no sign of relief It may prove impossible for the State to deal with this crisis
until the economy improves and locally we will be limited as well.
Options to Balance FY 2010-
. Reprioritize/reduce/eliminate programs and services
. Revisit long-term program financing strategies (open space; TGIF; major projects) to align
funding with program need
. Scale back pay and benefits
. Look at scaling back CIP and reducing pay-as-you-go funding
. Use fund balances in various funds to bridge funding of programs/CIP
. Examine revenue options
. Work with General Assembly members to avoid deepening the impact on local community
services, to increase flexibility and reduce the impact
November 18,2008
Iii i
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CITY COUNCIL/SCHOOL BOARD BRIEFING
FIVE-YEAR FORECAST
FISCAL YEARS 2010 THROUGH 2014
ITEM # 58228 (Continued)
Conclusions
. Given the turbulence in the economy, from housing to stimulus packages, there is the potential for
a wide range of discussions on the assumptions of this Forecast. Change the assumptions and
you change the Forecast. However, all trends are pointing to lower revenues and rising costs.
The question is how much... and what do we do about it.
. We will have a balanced budgetfor FY 20101 Although hard choices lay ahead
There is room to debate the assumptions made in this Forecast, both revenues and expenditures. How
items such as stimulus packages, financial bailouts, deflation and housing concerns will affect the local
economy are all at this point subject to differences of opinion. However, all trends are pointing to lower
revenues and rising costs. At some point, we are discussing orders of magnitude.
School Board Member Edward Fissinger, Sr. expressed concern; the Forecast might not have been
conservative enough, as the housing market faces a demographic trend to downsize the function of
lending and will probably not recover for the next four to five years. Mr. Fissinger believes deflation in
non-commodity items is a real possibility.
Councilman Villanueva advised when the Virginia Beach City Council and School Board met with the
General Assembly, November 12, 2008, Senator Wagner eluded to providing innovative suggestions re
policies.
Chairman Edwards inquired if the projections included the Capital Improvement Program recently
adopted. Ms. Whitesell advised the Forecast focuses on the Operating Budget, but does impact the
Capital Improvement Program in terms of the pay-as-you-go items. Debt service is covered. including
both principal and interest payments for both the City and School system. Additional use of debt beyond
what is included in the approved Capital Improvement Program, or any new added projects,
enhancement or deletion of pay-as-you-go, is not covered.
The City Manager advised another presentation on Transportation funding and prioritization will be
provided.
M,. Whitesell believed the first change in VRS will take place in 2011 and possibly again in 2013. Ms.
Whitesell advised the Virginia Retirement System took approximately an $ll-BILLION "hit" in the stock
market in terms of their actuarial positioning and VRS will have to make this up (assuming the stock
market does not rebound sufficiently). Rate increases are expected. Ms. Whitesell will if this would place
VRS below the 80% requirement level.
M~'. Whitesell advised the City's departments are encouraged to save 1.25% of their current
appropriations. There is a substantial increase in tax relief for the elderly program.
The City Council/School. Board Five-Year Forecast ADJOURNED at 3:57 P.M.
November 18, 2008
II II
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Mayor Meyera E. Oberndorf RECONVENED the City Council Meeting in the City Council Conference
Room, Tuesday, November 18, 2008, at 4: 1 0 P.M, and called to order the Closed Session.
Council Members Present:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Ron A Villanueva, Rosemary Wilson and James L. Wood
Council Members Absent:
John E. Uhrin
[Out of the City:
Marriage/Honeymoon.]
November 18, 2008
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ITEM # 58229
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.1-3711(A), Code of Virginia, as amendedJor the following purpose:
PERSONNEL MATTERS: Discussion, consideration oj. 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)(l)
Council Appointments: Boards, Commissions, Committees,
Authorities, Agencies and Appointees
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
acquisition of real property for public purpose or of the disposition of
publicly-held property, where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the
public body pursuant to Section 2,2-3711 (A)(3).
1 ih Street Property
Beacon Land acquisition
LEGAL MATTERS: Consultation with legal counselor briefings by
staff members, consultants, pertaining to actual or probable litigation,
where such consultation or briefing in an open meeting would adversely
affect the negotiating or litigating posture of the public body, or
consultation with legal counsel employed or retained by a public body
regarding specific legal matters requiring the provision of legal advice
by such counsel pursuant to Section 2.2-3711 (A)(7).
Cape Henry Beach
Cox Cable Petition for Determination of Effective Competition
Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council voted to proceed
into CLOSED SESSION at 4:10 P.M.
November 18,2008
,I,
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ITEM # 58229 (Continued)
Voting:
10-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Ron A. Villanueva Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
John E. Uhrin
(Closed Session: 4:10 P.M. - 5:35 P.M.)
(Dinner: 5:35 P.M. - 5:55 P.M.)
November 18, 2008
II i
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FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
November 18, 2008
6:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday November 18,2008, at 6:00 P.M
Council Members Present:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Ron A. Villanueva and Rosemary
Wilson
Council Members Absent:
James L. Wood
[Speaking at BaycliffCivic
League *]
John E. Uhrin
[Out of the City:
Marriage/Honeymoon.]
INVOCATION: Pastor Greg Phelps
Wave Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank.
Three (3) years ago, Fulton Financial Corporation ("Fulton Financial") purchased Resource Bank. On
March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a
Board Member, he owns stock in Fulton Financial, and that stock ownership causes him to have a
"personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of
transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton
Financial. may have an interest in numerous matters in which Vice Mayor Jones has no personal
knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local
Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting
of City Council for the purpose of identifying any matters in which he might have an actual or potential
conflict. If during his review, he identifies any matters, Vice Mayor Jones will prepare and file the
appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones
regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the
record.
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of
Goodman and Company and is directly and indirectly involved in many of Goodman and Company's
transactions. However, due to the size of Goodman and Company and the volume of transactions it
handles in any given year, Goodman and Company has an interest in numerous matters in which her
husband is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of identifying any matters in which she might have an actual or potential conflict. If during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record.
November 18,2008
III II
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- 39 -
Cuuncil Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential
Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the
volume of transactions it handles in any given year, Prudential has an interest in numerous matters in
which she is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of identifying any matters in which she might have an actual or potential conflict. If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record.
*The City Clerk read into the record Councilman Wood's correspondence of November 18,2008 re his
absence from Formal Session.
"The Honorable Meyera E. Oberndorf
Mayor
City of Virginia Beach
Re: Absenceform Formal Meeting on November 18,2008
Dear Mayor Oberndorf:
"I will not be attending the Formal City Council meeting on November 18, 2008. I do
plan to attend the workshop and closed session portions of the meeting.
The Baycliff Civic League asked me to speak at their meeting several months ago. They
changed their regular meeting to the Third Tuesday knowing that we only had
workshops on those dates. Unfortunately, no one considered the fact that the first two
meetings in November would be cancelled.
Please make my apologies to the citizens and members of City Council.
By copy of this letter, I am requesting the City Clerk make this letter a part of the
official record of the meeting.
Sincerely,
Jim Wood
Member, Virginia Beach Council
Lynnhaven District"
November 18, 2008
II i
II
....
City c>f Virgir1i.El. BeElcn
JAMES L. WOOD
COUNCILMAN - DISTRICT 5 - L YNNHAVEN
PHONE:
FAX:
(757) 340-8411
(757) 340-2082
November 18,2008
The Honorable Meyera E. Oberndorf, Mayor
City of Virginia Beach
City Hall, Building 1
2401 Courthouse Drive
Virginia Beach, Virginia 23456
RE: Absence from formal meeting on November 18, 2008
Dear Mayor Oberndorf:
I \vill not be attending the formal City Council meeting on November 18, 2008. I do
plan to attend the workshop and closed session portions of the meeting.
The Baycliff Civic League asked me to speak at their meeting several months ago. They
changed their regular meeting to the 3rd Tuesday knowing that we only had workshops
on those dates. Unfortunately, no one considered the fact that the first two meetings in
November would be cancelled.
Please make my apologies to the citizens and members of Council.
By copy of this letter, I am requesting the City Clerk make this letter a part of the official
record of the meeting.
Sincerely,
od
M ber, Virginia Beach City Council
ynnhaven District
3778 PRINCE ANDREW LANE, VIRGINIA BEACH, VA 23452
Iii
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- 40-
Item V-E.
CERTIFICATION OF CLOSED SESSION
ITEM # 58230
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered
by Virginia Beach City Council.
Voting: 8-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Dieze!, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
John E. Uhrin, Ron A. Villanueva and James L. Wood
November 18,2008
II II
II
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the
affirmative vote recorded in ITEM #58229, Page 36, and in accordance with the provisions of The Virginia
Freedom of Information Act, and,
WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOL VED: That the Virginia Beach City Council hereby certifies that,
to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open
Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution
applies; and, (b) only such public business matters as were identified in the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach City Council.
th Hodges Fraser, MMC
ity Clerk
November 18, 2008
III
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- 41 -
Item V-F.1
ITEM # 58231
Upon motion by Council Lady Wilson, seconded by Vice Mayor Jones, City Council APPROVED the
MINUTES of the INFORMAL and FORMAL SESSIONS of October 28,2008.
Voting: 7-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Dieze!, , Barbara M Henley, Vice Mayor
Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf and Rosemary
Wilson
Council Members Voting Nay:
None
Council Members Abstaining:
Robert M Dyer
Council Members Absent:
John E. Uhrin. Ron A. Villanueva and James L. Wood
Councilman Dyer ABSTAINED, as he was not in attendance during the City Council Session of
October 28, 2008. His mother was ill and in the hospital.
November 18, 2008
I ~ I I
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- 42-
Item V-G.]
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 58232
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
ADDED:
Resolution requesting reimbursement from the Commonwealth of
Virginia for twenty-five percent (25%) of the Construction Costs for a
new Multi-Use Correctional Facility
November 18,2008
III II II
- 43 -
Item V-G.2
ADD-ON
ITEM # 58233
Upon motion Vice Mayor Jones. seconded by Council Lady Wilson, City Council ADDED to the Consent
Agenda as Item 14:
Resolution requesting reimbursement from the Commonwealth of
Virginia for twenty-jive percent (25%) of the Construction Costs for a
new Multi-Use Correctional Facility
Voting: 8-0
Council Members Voting Aye:
William R. "Bill" DeSteph. Harry E. Diezel. Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf and Rosemary Wilson
Cuuncil Members Voting Nay:
None
Council Members Absent:
John E. Uhrin, Ron A. Villanueva and James L. Wood
November 18, 2008
,II II
II
- 44-
Item V-G.l
TOWN CENTER PHASE IV
BRIEFING
ITEM # 58234
6:07 P.M.
Mark Wawner, Project Development Coordinator - Economic Development presented information
concerning Phase IV of Town Center
City Council's Strategy *
Goal 2 - Grow and Diversify the Local Economy
Top Five Objectivesfor the Year:
- Business Retention and growth
- Attract new businesses to diversify our economy
- Develop Burton Station as a major business center
- Expand Town Center
- Expand military presence and military-related businesses
*Council Retreat August 22 and 23, 2008
Town Center Development Recap
· Phase I
- Office Tower (Block 4)
- Towne Bank (Block 5)
- Hilton Garden Inn (Block 5 -176 rooms)
· Phase II
- 342-unit Cosmopolitan Apartments (Block 10)
- Dick's Sporting Goods (Block 12)
- 2-story retail/entertainment (Block 8 - Bravo!, Comedy Club, Ruth's Chris Steak House)
- Restaurants (Block 3 - Cheesecake Factory, Keegan's)
Phase III
- 37-story Westin Hotel/condominium tower (Block 7)
236-roomfull service hotel (Floors 5 -15)
119 condos (Floors 16 - 36) + penth0 use/common area
32,000 sq. ft. retail
- 56 condominiums, 14,000 sq. ft. groundfloor retail (Block 6)
- Office Building, 116,000 sq. ft. (Block 5)
November 18, 2008
Ii Ii
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- 45 -
Item V-G.]
TOWN CENTER PHASE IV
BRIEFING
ITEM # 58234 (Continued)
Town Center Master Plan
II-
I ...,.,,,,,,,
III '''''.1''''''
III"'"
-
III--
III _....,
'._-
,~ ...., """
'-
Summary of Actions
Phase I
12/9/99
03/6/00
12/12/02
Memorandum of Understanding
First Development Agreement
Purchased Block 4 Garage
Phase II
11/30/01
06/17/03
01/25/05
12/29/05
Phase II Memorandum of Understanding
Second Development Agreement
Purchased Block 12 garage
Purchased Block 10 garage
Phase III
12/07/04
09/15/05
12/21/07
Term Sheet
Third Development Agreement
Purchased Block 7 garage
Phase IV
- March 4,2008 Public Briefing and approval of Term Sheet
- Contingent on Beacon acquisition
- Phase IV Term Sheet updating in progress
November 18, 2008
II
- 46-
Item V-G.1
TOWN CENTER PHASE IV
BRIEFING
ITEM # 58234 (Continued)
Phase IV was previously presented to Council March 4,2008
Block 2 Only
(in millions)
Public
Private
Block 2 Office Tower (332,134 sq ft)
$72 - $82
Parking Garage (800 spaces)
$22.7 - $28.9
Streetscapes
0.65 to 0.85
Public/Private Investment Ratio
1 to 3.0
Phase IV has been expanded to include Block 9, consisting of a 162 room Westin Aloft Hotel and 195
apartments. There is also 27,000 SF of retail on the 1stjloor (Anthropologie -10,000 square feet)
Block 9 also includes a conference center expansion that doubles the available meeting space
2nd Floor Conference Space - Block 9
Block 2 contains a 20-story office tower with 332,134 SF, 32,632 SF of retail, and a 601-space, 5-Level
Garage
Private Sector Components in Phase IV include
· A 20-story office tower on Block 2
- Office area: 332,134 SF
- Groundjloor retail: 32,632 SF
A 15-story building on Block 9 which includes:
- Aloft Hotel (162 rooms)
- Apartments (195 apartments)
- Groundjloor retail (27,000 SF)
Public Sector Components in Phase IV include
A 601-space parking garage on Block 2
· A conference center expansion on Block 9
· Streetscapes
· City will master lease 2 jloors in new 20-story office tower in Block 2
November 18, 2008
I I
- 47-
Item V-G.1
TOWN CENTER PHASE IV
BRIEFING
ITEM # 58234 (Continued)
Summary of Private and Public Investments
Phase IV
(millions)
Private Investment
Office Tower (332k sf), Retail (33k sf) $85.5
Aloft Hotel (162 rooms), Apartments (195), & Retail (27k sf) 72.9
Total Private Investment $158.4
Public Investment
Parking Garage (601 spaces) 36.3
Conference Center 18.6
Streetscapes ~
Total Public Investment $56.4
GRAND TOTAL $214.8
Public: Private Ratio for Phase IV 1 to 2.8
Patricia Phillips, Director of Finance, detailed information concerning the financing
Phase IV is different than previous phases
· City investment includes all land and platform costs to he repaid over 20 years
In addition to the basic TIF of incremental real estate taxes, additional revenues are necessary
to support costs:
(1) Hotel taxes from the core area (excluding TGIF and TAP) will he added to the
TIF
(2) Guaranteed developer payments will he added to the TIF
Armada Hoffler will repay $12.5-MILLION of the land and platform costs with guaranteed
paymen~for20years:
- Conference Center rent payments $450,000 per year
- Conference Center profit sharing of $1.4-MILLION over 20 years
- Guaranteed Lease of60-70 parking spaces in Block 2for $80,000
· Payments continue after land and platform costs recovered
November 18,2008
,II II
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- 48 -
Item V-G.I
TOWN CENTER PHASE IV
BRIEFING
ITEM # 58234 (Continued)
Why Invest in Phase IV?
. Town Center has become an economic engine and community icon
. Town Center is a vertical office park that has become an urban growth area, created with the
City's partnering
Corporate headquarters - Gateway/Bank of Hampton Roads and "Product" for Future
Company Headquarters
Opportunity for high paying jobs
New Retailers - including Anthropologie
Economic climate requires more investment to ensure continuation of economic growth for
Virginia Beach
· Location is strategic for City's future transportation plans
Creates additional economic andfiscal impacts. For example, non-real estate taxes in core
area were $5.2-MILLION in FY-08
Summary of Financial Principles
1. Project pays for itself with revenues generated by the project
- Real estate tax incremental revenues
2. Hotel room taxes used to pay for Conference Center from Town Center hotels
- Dedicated hotel tax in core area (excluding TGIF and TAP portions) from Hilton
Garden Inn, Westin, and Westin Aloft - these are estimated to be $500,000 in FYI 0
and $765,408 per year in FYII-FY32 - allocation to TIF sunsets in 2025
3. Developer repays land and platform costs ($12.5-MILLLON) by a guarantee payment of
$600,000 in annual revenues (Conference Center rent, profit sharing and parking)
4. $2-MILLION of EDIP funding for Conference Center
5. $1.5-MILLION of EDIP for streetscapes
6. Available revenues support debt service on costs financed
November 18,2008
I ~ I
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- 49-
Item V-G.1
TOWN CENTER PHASE IV
BRIEFING
ITEM # 58234 (Continued)
Town Center Phase IV Financing Process
1. Match debt service to available revenues in TIF - real estate taxes, hotel and developer
payments
2. Issue 2-year Bond Anticipation Note (BAN) in 2010
Does not increase overall interest costs
Reduces risk of shortfalls
3. Issue 20-year Public Facility Revenue bond in 2012 to retire the BAN
3. Projections indicate healthy fund balances in the TIF Fund, with lowest balance at $1.0 - $2.6-
MILLION in 2023
Proposed Use of Bond Anticipation Notes for Phase IV of the
Town Center Project1 and its affect on the TIF Fund Balance
$70.0
$60.0
$50.0
$40.0
~ $30.0
~
:E $20.0
$10.0
$0.0
~~1~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~~
l:stIB Principal Issued (left axis) + Cumulati-.e TlF Surplus I (Deficit)
1Assumes $63.66 m BAN and $66.6 m Publio Faoiljty Revenue Bond (PFRB) to retire BAN
"Bond Anticipation Notes Issued
"Sond Antioipation Notes Repaid; Publio Facility Revenue Bonds Issued
November 18, 2008
II
- 50 -
Item V-G.!
TOWN CENTER PHASE IV
BRIEFING
ITEM # 58234 (Continued)
Financing of Phase IV
(millions)
Proposed Project Cost
EDIP Cash Financing
- Conference Center
- Streetscapes
Public Costs Financed
BAN Issuance Costs, Legal, Consultants
FY10 Principal Amount of BAN (short term
financing)
Interest on BAN for 2 years @ 2.75%
Public Facility Revenue Bonds Issuance Costs
FY12 Principal Amount of PFRB (permanent
financing)
$56.4
-2.0
--.::.LQ
$52.9
~
$53.6
2.8
~
$.5U
Summary of the Town Center Project Financial Plan Phase I, Phase II,
Phase III, and Phase IV (projected)
(millions of dollars)
Public Investment
Public Parking Garages $22.5 $18.1 $ 16.9 $ 36.3. $ 93.8
Meeting Space, Connector, Plaza 0.5 0 99 18.6" 290
Infrastructure -CIP/EDIP Funded ----!U ~ ---12 ----M ----1Z2
Total Garage and Infrastructure - Public ~ ~ UM $ 56.4 $140.0
Total pnvate Investment: LM 1JI 1W! $158.4 $550,4
Public Private Ratio 1:3.2 1:3.8 1:7.0 1:2.8 1:3.9
Completion Date: Fall 2003 Winter 2005 Fall 2007 FY-11
.. Includes Land & Platform Costs
November 18,2008
II
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- 51 -
Item V-G.1
TOWN CENTER PHASE IV
BRIEFING
ITEM # 58234 (Continued)
Phase IV
Garage acquisition and operation will mirror existing garages at Town Center
Phase IV is contingent on the completion of Beacon land exchange
Capital maintenance of $150,OOO/yr for additional conference space, as in original Westin
conference space
· City will master lease 2 floors Block 2
Next Steps
1. Virginia Beach Development Authority to acquire Beacon Building (Block 2)
2. Consider Phase IV Development Agreement - December 9th meeting by City Council
3. Virginia Beach Development Authority consideration December 16th meeting
4. Construction of improvements
-Completion estimated approximately 2 years after acquisition of Block 2 and Block 9
Mrs. Phillips foresees another $l-MILLION traditional General Fund revenue over and above the
$5.2-MILLION generated as a result of the Phase IV development
November 18,2008
II II
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- 52 -
Item V-I.l.
PUBLIC HEARING
ITEM # 58235
Mayor Oberndorf DECLARED A PUBLIC HEARING:
LEASE OF CITY-OWNED PROPERTY - Sheffield Court
Frank and Laura Mulcahy, 600 Sheffield Court, Phone: 499-6699, proposed Lessees of the City owned
property, spoke in support.
There being no further speakers, the Mayor CLOSED THE PUBLIC HEARING.
November 18.2008
ill II
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- 53 -
Item V-K.
ORDINANCES/RESOLUTION
ITEM # 58236
Upon motion by Vie Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED in
ONE MOTION Items 1,2 (DEFERRED), 3, 4, 5, 6, 7,8,9,10,11,12,13 and 14 (ADD-ON) of the
CONSENT AGENDA.
Vuting:
9-0 (By Consent)
Cuuncil Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
John E. Uhrin and James L. Wood
Item 2 (Beacon Exchange) will be DEFERRED, BY CONSENT, until the City Council Session of
November 25, 2008.
November 18, 2008
,I I I
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- 54 -
Item V-K.i.
ORDINANCES/RESOLUTION
ITEM # 58237
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to AMEND 92-20 re time and place of regular formal City
Council meetings to set same as the 2nd and 4th Tuesday of each month.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf. Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
John E. Uhrin and James L. Wood
November 18,2008
II
REQUESTED BY COUNCILMEMBER DYER
1 AN ORDINANCE TO AMEND SECTION 2-20
2 OF THE CITY CODE PERTAINING TO TIME
3 AND PLACE OF REGULAR CITY COUNCIL
4 MEETINGS
5
6 SECTION AMENDED: S 2-20
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10
11 That Section 2-20 of the Code of the City of Virginia Beach, Virginia, is hereby
12 amended and reordained to read as follows:
13
14 Sec. 2-20. Time and place of regular meetings.
15
16 (a) Regular formal meetings of the council shall be held in the Council Chambers
17 of the City Hall Building, Municipal Center, Virginia Beach, Virginia, on the flfst.;- second
18 and fourth Tuesdays of each month at 6:00 p.m., unless such date shall fall upon a legal
19 holiday, in which C3se the meeting sh311 be held on the next succeeding d3Y 'Nhich is
20 not 3 holid3Y 3nd 3t the S3me hour, except 3S otherwise provided by speci31 resolution
21 of the council. However, in July and December of each year, regular meetings shall
22 instead be held on the first two (2) Tuesdays of the month at 6:00 p.m. No meetings
23 Sh311 be held on the third 3nd fourth Tuesd3Ys in December. The council may also
24 convene informal meetings on the dates of regular formal meetings at such times as the
25 council may deem appropriate, and on the first and third Tuesday of every month except
26 July and December from 4:00 p.m. to 6:00 p.m. Informal meetings, which shall be held
27 in the Council Conference Room adjacent to the Council Chambers and at which no
28 votes shall be cast, shall be for the purpose of discussing matters of interest to the
29 council, and receiving briefings/reports from the city manager, city staff and city boards,
30 commissions, committees and other city agencies. The city manager shall notify the
31 public of the times of such informal meetings in advance thereof.
32
33 (b) To accommodate citizen participation in public hearings, the council may by
34 resolution convene any council meeting at such public facility in the city that will in the
35 judgment of city council accommodate the citizens; provided, however, that notice shall
36 be provided to the press and public by the city manager.
37
38 (c) Pursuant to section 2-56. the City Clerk shall prepare official minutes of all
39 formal and informal meetinqs of the council. Additionallv. all formal and informal
40 meetings of council held in either the Council Chambers or the Council Conference
41 Room shall be cablecast live-,-, with the exception of the inform31 meeting~ held on the
42 first and third Tuesd3Y of each month from 4:00 p.m. to 6:00 p.m. 'h'hich Formal and
43 informal meetinqs held at a different location pursuant to subsection (b) shall be
II
44 recorded on audiotape for later cablecast. Notwithstandinq the above. the inoperability
45 or other technical malfunction of cablecastinq or video recordinq of a meetinq shall have
46 no effect on the validity of either the meetinq or any action taken durinq the meetinq.
47
The effective date of this ordinance shall be January 1, 2009.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this ..1.1ll.h
day of NmTPmhpr ,2008.
APPROVED AS TO LEGAL SUFFICIENCY:
/<~~~
City Attorney's Offic
CA 10875
R-5
November 12,2008
II I'
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- 55 -
Item V-K2.
ORDINANCES/RESOLUTION
ITEM # 58238
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED until
the City Council Session of November 25, 2008:
Ordinance to AUTHORIZE the City Manager to modify the Beacon
Exchange agreement, APPROPRIATE thefunds andAUTHORIZE the
Virginia Beach Development Authority (VBDA) to use EDIP funds for
the Exchange
Voting:
9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
John E. Uhrin and James L. Wood
November 18, 2008
II I!
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- 56 -
Item V-K.3.
ORDINANCES/RESOLUTION
ITEM # 58239
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to AUTHORIZE the City Manager to execute a five-year
lease of City-owned property with Frank T. and Laura R. Mulcahy off
Sheffield Court re maintenance needs of Pembroke Lake DISTRICT 4 -
BAYSIDE
Voting:
9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
John E. Uhrin and James L. Wood
November 18, 2008
I I I
II
1
2
3
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5
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21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE A LEASE FOR FIVE
YEARS WITH FRANK T. AND LAURA R.
MULCHAHY, HUSBAND AND WIFE, FOR 1.3
ACRES OF CITY-OWNED LAND LOCATED OFF
SHEFFIELD COURT IN PEMBROKE MEADOWS
WHEREAS, the City of Virginia Beach ("the City") owns 1.3 acres of land
located off Sheffield Court in the Pembroke Meadows subdivision in Virginia
Beach, Virginia (the "Premises");
WHEREAS, the City's only present use of the Premises is for access to a
spillway and serving the maintenance needs of Lake Pembroke;
WHEREAS, Frank T. and Laura R. Mulcahy, husband and wife, own and
reside on a lot adjacent to the Premises and have agreed to pay the City $100.00
per year for the use of the Premises for a five-year period;
WHEREAS, Frank T. and Laura R. Mulcahy, would like to enter into a
formal lease arrangement with the City for use of the Premises;
WHEREAS, the Premises will be utilized by the Mulcahys for passive
recreation, picnic and neighborhood functions and for civic league organization
functions and for no other purpose; and
WHEREAS, the City shall retain rights to enter upon the Premises without
prior notice to the Mulcahys for emergency or public necessity reasons;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to execute a lease for the term
of five years, between Frank T. and Laura R. Mulcahy, husband and wife, and
the City, for 1 .3 acres of land located off Sheffield Court in the Pembroke
Meadows subdivision in Virginia Beach, in accordance with the Summary of
Terms attached hereto and such other terms, conditions or modifications as may
be acceptable to the City Manager and in a form deemed satisfactory by the City
Attorney.
Adopted by the Council of the City of Virginia Beach, Virginia on the1 8 th
day of Nnvpmhpr , 2008.
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APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
CitY~
CA 10769
v :\applications\citylawprod\cycom32\ WpdocsID004\P003\000714 77 .DOC
R-1
November 7,2008
APPROVED AS TO CONTENT
~42hL
Manage nt S rvlces
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SUMMARY OF TERMS
Lease With Frank T. and Laura P. Mulcahy for a 1.3-acre City-owned Lot
in Pembroke Meadows Subdivision in Virginia Beach, Virginia
LESSOR:
City of Virginia Beach
LESSEE:
Frank 1. and Laura R. Mulcahy
PREMISES:
1.3 acre lot located in the Pembroke Meadows Subdivision in
Virginia Beach, Virginia (GPIN 1477-69-9678)
TERM:
60 months: December 1, 2008 through November 30, 2013
RENT:
$100 per year
RIGHTS AND RESPONSIBILITIES OF LESSEE:
. Use leased property solely for passive recreation, picnic and other
neighborhood functions and for civil league organization functions and for no
other purpose.
. Maintain leased property.
. Purchase commercial general liability insurance.
RIGHTS AND RESPONSIBILITIES OF CITY:
. Reserve the right to grant easements and rights-of-way across or upon the
leased property for streets, alleys, public highways, drainage utilities,
telephone and telegraph transmission lines, pipelines, irrigation canals and
similar purposes.
. Reserve the right to enter upon the leased property without notice to the
Mulcahys for access to the spillway and for emergency and public necessity
purposes.
TERMINATION: City may terminate the Lease by giving thirty (30) days'
written notice.
V:lapplicationslcilylawprodlcycom32lWpdocslD007lP004100071791. DOC
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THIS LEASE AGREEMENT ("Lease"), made this day of
,2008, by and between the CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia, hereinafter referred to as "City" or
"Lessor," and FRANK T. and LAURA R. MULCAHY, husband and wife, hereinafter
referred to as "Lessee."
WITNESSETH
1. LEASED PREMISES. That for and in consideration of the rents,
covenants and agreements hereinafter reserved and contained on the part of the
Lessee to be observed and performed, Lessor leases to Lessee, and Lessee rents from
Lessor, the property (the "Property") shown as shaded area on the map labeled "Exhibit
A" attached hereto.
2. RENT. That for and in consideration of the sum of $100, per year, for five
(5) years, payable either in a lump sum or in equal annual payments of $100.00 no
later than the 5th of each December, over the term of this Lease (the "Rent"), Lessor
does hereby lease and demise unto Lessee the Property.
3. TERM. The term of this Lease shall be for five years commencing
December 1, 2008 and expiring November 30, 2013.
4. USE OF PROPERTY - PURPOSES; AS-IS; JOINT AND SEVERAL
LIABILITY. Lessee covenants that the Property shall be used solely for picnic and
other neighborhood functions. Lessee shall maintain the Property in a reasonable and
proper manner. Lessee will allow civic league organizations to use Property. No
vehicles will be stored on the Property. This Lease may be terminated on thirty (30)
days notice by Lessor to Lessee. Lessee shall use the Property only for the purposes
listed herein and any other use thereof, unless necessarily incidental to such listed and
allowed uses, shall constitute a breach of this Lease and cause its immediate
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termination. The Property is leased by Lessor to Lessee lias is," and the sole
responsibility for the maintenance and upkeep of the Property shall be with Lessee.
Each and every of the persons named above as Lessee shall be bound jointly and
severally by the terms, covenants and agreeme nts contained herein.
5. ASSIGNMENT AND SUBLEASE. This Lease may not be assigned or
transferred, and the Property shall not be sublet, either in whole or in part, by Lessee
without LESSOR's prior written consent.
6. TERMINATION AND RIGHT OF ENTRY BY LESSOR.
A. In the event that Lessee shall for any reason be in default of the
terms of this Lease, the Lessor may give Lessee written notice of such default by
certified mail/return receipt requested at the address set forth in Paragraph 14 of this
Lease. Unless otherwise provided, Lessee shall have ten (10) days from the date such
notice is mailed in which to cure the default.
Upon the occurrence of a default, in addition to all other rights and
remedies as provided by law, the Lessor shall have the right to: (a) terminate this
Lease, whereupon Lessee shall quit and surrender the Property to the Lessor and
Lessee shall remain liable for all Rent that may be due up to the time this Lease
terminates or the Lessor takes possession of the Property; (b) reenter and repossess
the Property and lock out the Lessee; and/or (c) cure the breach or default at Lessee's
sole expense. Lessee shall remain liable for all costs, fees and expenses incurred by
the Lessor in curing the default and the same shall be additional Rent payable to Lessor
on demand.
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B. Lessor reserves the right at any time, without prior written notice, to
enter upon the Property after it has been determined that an emergency or a public
necessity exists.
C. The parties acknowledge that Lessor has certain powers, purposes
and responsibilities. To discharge its powers, purposes or responsibilities, Lessor shall
have the right to require Lessee to immediately dismantle and remove any and all
improvements from the Property, within forty-eight hours after notice is given to Lessee.
Thereafter, Lessor shall have the exclusive right to enter upon and use the Property,
and Lessee shall surrender possession and control thereof to Lessor.
D. Further, Lessor reserves the right to terminate this Lease by giving
written notice to Lessee at least thirty (30) days prior to the date of termination. All Rent
paid in advance shall be refunded.
7. Lessee will keep all equipment and improvements, if any, placed upon the
Property by Lessee, in a safe, clean, and orderly condition; will be responsible for all
activities on the Property that fall under its control; and will act immediately in response
to any notices by Lessor with reference to the foregoing.
It is further understood and agreed as part of the consideration hereof,
that Lessee shall be responsible for the maintenance and/or .repair of the Property
arising out of Lessee's use of the Property. Should any maintenance and/or repair work
be deemed necessary, then the decision of Lessor as to the scope of the required work
and the amount of such liability shall control and be binding on Lessee.
8. LESSOR'S RIGHT TO GRANT EASEMENTS. Lessor reserves the right
to grant easements and rights of way across or upon the Property, for streets, alleys,
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public highways, drainage, utilities, telephone and telegraph transmissions lines,
pipelines, irrigation canals, and similar purposes.
9. INDEMNIFICATION/INSURANCE BY LESSEE. Lessee shall indemnify
and save harmless Lessor and all its officials, agents and employees from and against
all losses and expenses incurred because of cia ims, demands, payments, suits, actions,
recoveries, and judgments of every nature and description brought or recovered against
them by reason of any injuries to property or person, including death, occurring on the
Property, arising out of or in connection with Lessee's use of the Property. During the
term of this Lease, Lessee shall obtain and keep in force the following poliCies of
insurance:
A) Worker's Compensation Insurance as required under Title 65.2 of the
Code of Virginia.
B) Commercial General Liability Insurance in an amount not less than one
million dollars ($1,000,000) combined single limits (CSL).' Such insurance shall name
LESSOR as an additional insured.
C) Automobile Liability Insurance including coverage for non-owned and
hired vehicles in an amount not less than five hundred thousand dollars ($500,000)
combined single limits (CSL).
All policies of insurance required herein shall be written by insurance
companies licensed to conduct the business of insurance in the Commonwealth of
Virginia, shall be acceptable to Lessor, and shall carry the provision that the insurance
will not be canceled or materially modified without thirty days (30) prior written notice to
Lessor. Lessee shall provide Lessor a certificate evidencing the existence of such
insurance.
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10. APPLICABLE LAW. This Lease shall be deemed to be a Virginia Lease
and shall be governed as to all matters whether of validity, interpretations, obligations,
performance or otherwise exclusively by the laws of the Commonwealth of Virginia, and
all questions arising with respect thereto shall be determined in accordance with such
laws. Regardless of where actually delivered and accepted, this Lease shall be
deemed to have been delivered and accepted by the parties in the Commonwealth of
Virginia.
11. COMPLIANCE WITH ALL LAWS. Lessee shall comply with all laws,
rules and regulations of LESSOR and all other governmental authorities respecting the
use, operation and activities on the Property, including all applicable environmental
laws, and shall not make or be a party to any unlawful, improper or offensive use of
such premises or nuisance thereon.
Any costs associated with violations of the law including, but not limited to,
remediations, clean up costs, fines, administrative or civil penalties or charges, and third
party claims imposed on the City by any regulatory agency or by any third party as a
result of the noncompliance with federal, state or local environmental laws and
regulations or nuisance statutes by the Lessee or by its employees, contractors,
consultants, subconsultants, or any other persons, corporations or legal entities retained
by it for the leased Property, shall be paid by the Lessee.
It is expressly understood and agreed that Lessee, in no way, represents
or acts on behalf of Lessor or any department thereof.
12. VENUE. Any and all suits for any claims or for any and every breach or
dispute arising out of this Lease shall be maintained in the appropriate court of
competent jurisdiction in the City of Virginia Beach.
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13. INVALIDITY. If any section, paragraph, subparagraph, sentence, clause
or phrase of this Lease shall be declared or judged invalid or unconstitutional, such
adjudication shall not affect the other sections, paragraphs, sentences, clauses or
phrases.
14. NOTICES. Any notice which may be or is required to be given pursuant
to the provisions of this Lease shall be delivered or sent by certified mail, prepaid, return
receipt requested, and addressed as follows:
If to Lessee, to:
Frank T. and Laura R. Mulcahy
600 Sheffield Court
Virginia Beach, VA 23451
If to Lessor, to:
Facilities Management Office
2424 Courtho use Drive, Room 228
Municipal Center, Building 18
Virginia Beach, VA 23456
With copy to:
Virginia Beach City Attorney
Attn: Erin T. Stubbe
2401 Courthouse Drive,
Building 1, Room 260
Virginia Beach, VA 23456
15. ENTIRE AGREEMENT. This Lease contains the entire agreement
between the parties hereto and may not be modified orally or in any manner other than
an agreement in writing, signed by all the parties hereto and their respective successors
in interest. This Lease shall inure to the benefit of and be binding upon the respective
heirs, legal representatives, successors, and permitted assigns of the parties hereto.
The headings in this Lease are for convenience only and are not a part of this Lease
and do not in any way define, limit, describe or amplify the terms and provisions of this
Lease or the scope or intent thereof.
16. SURVIVAL. The representations, warranties, and agreements
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of the parties contained in this Lease and in all other documents delivered in connection
with this Lease shall survive the expiration or sooner termination of this Lease.
17. HOLDOVER. If Lessee fails to surrender the Property on the date that
the Term of this Lease expires or terminates, Lessee's continued occupancy shall be
deemed to be a tenancy-at-will (and not a tenancy from month-to-month or from year-
to-year) cancelable by Lessor upon 48 hours prior oral or written notice, and such
tenancy shall be subject to all of the provisions of this Lease, except that Rent during
the holdover tenancy shall be equal to twice the Rent in effect immediately prior to the
end of the Term.
IN WITNESS WHEREOF, the parties hereto have each caused this Lease to be
executed by their proper representatives as of the day and year first above written,
pursuant to due authority.
[SIGNATURES ON FOLLOWING PAGE]
7
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(SEAL)
ATTEST:
Lesso r:
CITY OF VIRGINIA BEACH
By:
City Manager/Authorized
Designee of the City Manager
Ruth Hodges Fraser
City Clerk
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STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this _ day of
,20_, by , City Manager/Authorized Designee of the
City Manager of the City of Virginia Beach, on its behalf.
Notary Public
My Commission Expires:
My Registration Number:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this _ day of
, 20_, by Ruth Hodges Fraser, City Clerk of the City of Virginia Beach,
on its behalf.
Notary Public
My Commission Expires:
My Registration Number:
9
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Lessee:
FRANK T. MULCAHY
LAURA R. MULCAHY
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this _ day of
,20_. by Frank T. Mulcahy, Lessee.
Notary Public
My Commission Expires:
My Registration Number:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this _ day of
,20_, by Laura R. Mulcahy, Lessee.
Notary Public
My Commission Expires:
My Registration Number:
10
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- 57 -
Item V-K.4.
ORDINANCES/RESOLUTION
ITEM # 58240
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to AUTHORIZE temporary encroachments into a portion of
City owned property-Lake Wesleyfor GARY W. and MARLETA K
LONDON, to construct and maintain a portion of a fixed pier, a boat lift,
an aluminum ramp, a floating pier and mooring piles at 468 Southside
Road (DISTRICT 6 - BEACH)
The following conditions shall be required:
1. It is expressly understood and agreed that the Temporary Encroachment will be constructed and
maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia
Beach, and in accordance with the City's specifications and approval, more particularly described
as follows, to wit:
2. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering
the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment
Area in the event of an emergency or public necessity and Grantee shall bear all costs and
expenses of such removal.
3. It is further expressly understood and agreed that the Temporary Encroachment herein authorized
terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is
given, the Temporary Encroachment must be removed from the Encroachment Area by the
Grantee; and, that the Grantee will bear all costs and expenses of such removal.
4. It is further expressly understood and agreed that the Grantee shall indemnify hold harmless. and
defend the City, its agents and employees, from and against all claims, damages, losses and
expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an
action arising out of the construction, location or existence of the Temporary Encroachment.
5. 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.
6. 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.
7. It is further expressly understood and agreed that the Grantee must obtain a permit from the
Department of Planning prior to commencing any construction within the Encroachment Area (the
"Permit ").
November 18, 2008
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- 58 -
Item V-K4.
ORDINANCES/RESOLUTION
ITEM # 58240 (Continued)
8. It is further expressly understood and agreed that the Grantee shall establish and maintain a
riparian buffer, which shall be a minimum of fifteen (15) feet in width landward from the shoreline
shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain
a mixture of shrubs and perennial plants (the "Buffer "). The Buffer shall not be established during
the months of June, July or August, so that it has the greatest likelihood of survivability. Prior to
the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the
estimated cost of the required Buffer plantings, to the Department of Planning to insure completion
of the required Buffer.
9. The Grantee shall notifY the Department of Planning when the Buffer is complete and ready for
inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be
released. An access path, stabilized appropriately to prevent erosion, through the Buffer to the
shoreline is allowed.
10. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-
risk property insurance and general liability or such insurance as is deemed necessary by the City,
and all insurance policies must name the City as additional named insured or loss payee, as
applicable. The Grantee also agrees to carry comprehensive general liability insurance in an
amount not less than $500,000.00, combined single limits of such insurance policy or policies. The
Grantee will provide endorsements providing at least thirty (30) days written notice to the City
prior to the cancellation or termination of, or material change to, any of the insurance policies.
The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the
construction, location and/or existence of the Temporary Encroachment.
11. It is further expressly understood and agreed that the Temporary Encroachment must conform to
the minimum setback requirements as established by the City.
12. It is further expressly understood and agreed that the City, upon revocation of such authority and
permission so granted, may remove the Temporary Encroachment and charge the cost thereof to
the Grantee, and collect the cost in any manner provided by law for the collection of local or state
taxes; may require the Grantee to remove the Temporary Encroachment; 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; if such
removal shall not be made within the time ordered hereinabove by this Agreement, the City may
impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that
the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation
and penalties in any manner provided by law for the collection of local or state taxes.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
John E. Uhrin and James L. Wood
November 18, 2008
II
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS INTO
5 A PORTION OF CITY PROPERTY
6 KNOWN AS LAKE WESLEY LOCATED
7 AT THE REAR OF 468 SOUTHSIDE
8 ROAD BY GARY W. LONDON AND
9 MARLETA K. LONDON
10
11 WHEREAS, Gary W. London and Marleta K. London desire to construct and
12 maintain temporary encroachments for a portion of a fixed pier, a boat lift, an aluminum
13 ramp, a floating pier and mooring piles upon a portion of the City's property known as Lake
14 Wesley, located at the rear of 468 Southside Road in the City of Virginia Beach, Virginia;
15 and
16
17 WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2-2107,
18 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
19 City's property subject to such terms and conditions as Council may prescribe.
20
21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
22 VIRGINIA BEACH, VIRGINIA:
23 That pursuant to the authority and to the extent thereof contained in 99 15.2-2009
24 and 15.2-2107, Code of Virginia, 1950, as amended, Gary W. London and Marleta K.
25 London, their heirs, assigns and successors in title are authorized to construct and
26 maintain temporary encroachments for a portion of a fixed pier, a boat lift, an aluminum
27 ramp, a floating pier and mooring piles in a portion of the City's property as shown on the
28 map marked Exhibit "A" and entitled: "EXHIBIT "A' - ENCROACHMENT REQUEST FOR
29 GARY W. AND MARLETA K. LONDON LOT 10, BLOCK B, RUDEE HEIGHTS BEACH
30 DISTRICT VIRGINIA BEACH, VA," a copy of which is on file in the Department of Public
31 Works and to which reference is made for a more particular description; and
32
33 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly
34 subject to those terms, conditions and criteria contained in the Agreement between the
35 City of Virginia Beach and Gary W. London and Marleta K. London (the "Agreement"),
36 which is attached hereto and incorporated by reference; and
37
38 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is
39 hereby authorized to execute the Agreement; and
40
41 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
42 time as Gary W. London and Marleta K. London and the City Manager or his authorized
43 designee executes the Agreement.
44
45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day of
46 November ,2008.
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CA-10758
X:IOID\REAL ESTATEIEncroachmentslPW OrdinanceslCA10758 London Ordiance.doc
V:la pplicationslcitylawprodlcycom321WpdocslD0191P00410006767 4.DOC
R-1
PREPARED: 10/16/08
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
d r
CITY ATTOR~
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PREPARED BY VIRGINIA BEACH
CITY A TIORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this
day of
, 2008, by
and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and GARY W. LONDON AND MARLETA K.
LONDON, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE,
"Grantee", even though more than one.
WIT N E SSE T H:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or
parcel of land designated and described as "B-1 0" as shown on that certain plat entitled:
"PHYSICAL SURVEY OF A PORTION OF LOT B-10 BEING THE BENJAMIN Y. &
ELLA M. PORTER PROPERTY M.B. 7 PG. 169, M.B. 26 PG. 57, D.B. 1003 PG 624,
L YNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA" and said plat is attached to
and recorded with that certain Deed and Easement recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2847, at page 1886,
and being further designated, known, and described as 468 Southside Road, Virginia
Beach, Virginia 23451;
WHEREAS, it is proposed by the Grantee to construct and maintain a
portion of a fixed pier, a boat lift, an aluminum ramp, a floating pier and mooring piles,
collectively, the "Temporary Encroachment", in the City of Virginia Beach;
GPIN'S: 2427-20-2474-0000 and 2427-20-3411-0000
2427-20-7891-0000 (Lake Wesley)
Ii II
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grante e encroach into a portion of an existing
City property known as Lake Wesley, the "Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the
City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain plat entitled: "EXHIBIT 'A' -
ENCROACHMENT REQUEST FOR GARY W. AND
MARLETA K. LONDON LOT 10, BLOCK B, RUDEE
HEIGHTS BEACH DISTRICT VIRGINIA BEACH, VA," a
copy of which is attached hereto as Exhibit "A" and to which
reference is made for a more particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
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that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by th e Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understo()d and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain
a permit from the Department of Planning prior to commencing any construction with the
Encroachment Area (the "Permit").
It is further expressly understood and agreed that the Grantee shall
establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width
landward from the shoreline, shall run the entire length of the shoreline, and shall
consist of a mulched planting bed and contain a mixture of shrubs and perennial plants
(the "Buffer"). The Buffer shall not be established during the months of June, July, or
August, so that it has the greatest likelihood of survivability. Prior to the City issuing a
3
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Permit, the Grantee must post a bond or other security, in an amount equal to the
estimated cost of the required Buffer plantings, to the Department of Planning to insure
completion of the required Buffer. The Grantee shall notify the Department of Planning
when the Buffer is complete and ready for inspection; upon satisfactory completion of
the Buffer as determined by the City, the bond shall be released. An access path,
stabilized appropriately to prevent erosion, through the Buffer to the shoreline is
allowed.
It is further expressly understood and agreed that the Grantee must obtain
and keep in force all-risk property insurance and general liability or such insurance as is
deemed necessary by the City, and all insurance policies must name the City as
additional named insured or loss payee, as app licable. The Grantee also agrees to
carry comprehensive general liability insurance in an amount not less than $500,000.00,
combined single limits of such insurance policy or policies. The Grantee will provide
endorsements providing at least thirty (30) days written notice to the City prior to the
cancellation or termination of, or material change to, any of the insurance policies. The
Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to
the construction, location, and/or existence of the Temporary Encroachment.
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setbacks requirements, as established by
the City.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
4
II II
II
Grantee to remove the Temporary Encroachment; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property 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 pena Ity in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Gary W. London and Marleta K. London, the
said Grantee, 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
I: I,
I I
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2008, 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
(SEAL)
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
,2008, 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.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
6
II
II
~
Ga . ondon
I!lt. (}AJlA/z II. Of ~~
Marleta K. London
STATE OF
CITY/COUNTY OF Vir[JiniRJ AP.arh
. to-wit:
The foregoing instrument was acknowledged before me this 18 th day of
Afljll~
. 200B-, by GaryW. London.
a~ro~~
Not lic
Notary Registration Number: 7071500
'RACEY TAYLOE IIOWN
Notary PublIC
CornMOrWMaIItl of VIriJInIa
70"100
COMmIIIIOft 10. 10'.
My Commission Expires: S~ 30, aofo
STATE OF
CITY/COUNTY OF ViI'n;n~, Rerir:h,
. to-wit:
The foregoing instrument was acknowledged before me this/Bi:h day of
Au~pJ1j
. 200L. by Marleta K. London.
~~r~
No Pu
My Commission Expires: 5~~ 30) dolO
TRACEY TAYLOE MOWN
NoIOIy P\MC
Commonweallft of ~
'071100
COIMlI"Oft ..... 10. 101.
Notary Registration Number:
co
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
/!L() (J--P
~ C. ~A-
IGNATURE
PW l?t.A/ f~1irIJ
DEPARTMENT
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EXHIBIT 'A'
WA TERFRONT
CONSUL TING, INC
ENCROACHMENT REQUEST
FOR
GARY W. and MARLETA K. LONDON
1112 JENSEN DRIVE, STE. 206
VIRGINIA BEACH, VA 23451
PHONE/FAX: (757) 425-8244
LOT 10, BLOCK B, RUDEE HEIGHTS
BEACH DISTRICT VIRGINIA BEACH, VA
INST. #20081014001194300 DA TE: OCTOBER 10, 2008
I,
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Item V-K.5.
ORDINANCES/RESOLUTION
ITEM # 58241
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
A Resolution REQUESTING approval of the design for the
Salem/Princess Anne Road Intersection Improvement Project
Voting:
9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
John E. Uhrin and James L. Wood
November 18,2008
I I
1 A RESOLUTION APPROVING THE DESIGN
2 FOR THE SALEM ROAD/PRINCESS ANNE
3 ROAD INTERSECTION IMPROVEMENT
4 PROJECT, CIP 2-150, VDOT PROJECT
5 NUMBER UOOOO-134-185, UPC 84132
6
7 WHEREAS, the City of Virginia Beach has previously requested the Department of
8 Transportation (VDOT) to program this project; and
9
10 WHEREAS, a "Notice of Willingness to Hold a Public Hearing" was posted for the
11 purpose of considering the design features for Salem Road/Princess Anne Road
12 Intersection Improvement Project, CIP 2-150, VDOT Project No. UOOO-134-185 in the City
13 of Virginia Beach; and
14
15 WHEREAS, all inquiries were satisfactorily answered, so that a public hearing is not
16 required; now
17
18 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
19 VIRGINIA:
20
21 That the major design features of the proposed project as presently designed are
22 approved; and
23
24 BE IT FURTHER RESOLVED that the City of Virginia Beach will acquire the
25 necessary rights of way for this project and certify same to the Department (VDOT) at the
26 appropriate time.
27
28 Adopted by the Council ofthe City of Virginia Beach, Virginia, on the 1 Rt-h day of
29 November ,2008,
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
c~
Publi~ ;orks ----
~~
CA 10900
R-1
October 22,2008
u
Prepared by PW.lEng./Eng. Support Services Bureau 10/21/08
X:\Projects\ARC Files\Agenda Maps\PA - Salem
,II II II
- 60-
Item V-K.6.
ORDINANCES/RESOLUTION
ITEM # 58242
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE a Grant from the
Virginia Departments of Forestry and Conservation and
Recreation re an Urban Tree Canopy Analysis
Voting:
9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer. Barbara M
Henley, Vice Mayor Louis R. Jones. Reba S. McClanan, Mayor Meyera E.
Oberndorf, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
John E. Uhrin and James L. Wood
November 18, 2008
Ii ! i
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12
AN ORDINANCE TO ACCEPT AND APPROPRIATE
FUNDS FROM THE VIRGINIA DEPARTMENT OF
FORESTRY AND DEPARTMENT OF
CONSERVATION AND RECREATION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That $3,000 is hereby accepted from the Virginia Department of Forestry and
Department of Conservation and Recreation and appropriated to the FY 2008-09
Department of Parks and Recreation Operating Budget for an Urban Tree Canopy
Analysis, with State revenues increased accordingly.
Adopted by the Council of the City of Virginia Beach, Virginia on the18th day
of November , 2008.
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
.'\
~ \~' t . ~
,,0 Q;\, ~ JA/. ~ -
Management Services
~~-
CA10910
R-2
November 4, 2008
II i i
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Item V-K. 7.
ORDINANCES/RESOLUTION
ITEM # 58243
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE a Grant for
communications equipment from the Virginia Department of Emergency
Management Grant Office to Communications and lriformation
Technology (COMIT)
Voting:
9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Cuuncil Members Absent:
John E. Uhrin and James L. Wood
November 18, 2008
I II
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7
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AN ORDINANCE TO ACCEPT EQUIPMENT FROM
THE VIRGINIA DEPARTMENT OF EMERGENCY
MANAGEMENT GRANT OFFICE
WHEREAS, $10,348 is available for an in-kind match from previously
appropriated funds in CIP 3-281, Communications Infrastructure Replacement.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That a tactical audio switch and radio equipment valued at $41,389 are hereby
accepted from the Virginia Department of Emergency Management Grant Management
Office and appropriated to the Communications and Information Technology
Department to equip incident command jurisdictions.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day
of Novp-mber , 2008.
Requires an affirmative vote by a majority of all members of the City Council.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
d:)%~Q. ~~
Management Services
~~
Ity A r eys O~e
CA 10908
R-3
November 5, 2008
I I
- 62 -
Item V-K.S.
ORDINANCES/RESOLUTION
ITEM # 58244
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE a donation of parts from
FIREHOUSE SUBS PUBLIC SAFETY FOUNDATION re public fire
prevention education
Voting:
9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones. Reba S. McClanan, Mayor Meyera E.
Oberndorf, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
John E. Uhrin and James L. Wood
November 18,2008
II
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1
2
AN ORDINANCE TO ACCEPT A DONATION FROM
FIREHOUSE SUBS PUBLIC SAFETY FOUNDATION
3
4
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
5
6
7
8
That a Model-Tech Hazard House with component parts valued at $11,986 is
hereby accepted from Firehouse Subs Public Safety Foundation to be used by the Virginia
Beach Fire Department's Life Safety Education Office to enhance the existing fire
prevention and education program provided to the public.
of
Adopted by the Council of the City of Virginia Beach, Virginia on the 18th
Novpmhpr 2008.
day
Requires an affirmative vote by a majority of all members of the City Council.
Approved as to Content:
Approved as to Legal Sufficiency:
(). )'\ n ~
"":_ Ci;> J( lJ jJ;\ (\
Management Services
~~
I Y Att n 's Off'
CA 10902
R-2
November 4, 2008
I I
- 63 -
Item V-K.9.
ORDINANCES/RESOLUTION
ITEM # 58245
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE a Grant from the U S.
Department of Homeland Security/FEMA Cooperative Agreement re
activation of VA-TF2 Urban Search and Rescue Teamfor tropical storms
and hurricanes
Voting:
9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
John E. Uhrin and James L. Wood
November 18,2008
II I
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AN ORDINANCE TO ACCEPT AND APPROPRIATE
FUNDS FROM FEMA RELATED TO DEPLOYMENTS
OF THE VIRGINIA TASK FORCE-2 (VA-TF2) URBAN
SEARCH AND RESCUE TEAM AND TO REDUCE
APPROPRIATIONS AND ESTIMATED REVENUES
TO THE FY 2006-07 FEMA COOPERATIVE
AGREEMENT GRANT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1) (a) Funds are hereby accepted from the U.S. Department of Homeland
Security, Federal Emergency Management Agency for costs related to
deployments of VA-TF2 Team for Tropical Storm Dolly, Hurricane Gustav,
and Hurricane Ike, in the amounts of $5,099 for Tropical Storm Dolly,
$750,000 for Hurricane Gustav, and $1,172,000 for Hurricane Ike, with
estimated revenues increased accordingly.
(b) Appropriations to the FY 2008-09 Operating Budget of the Fire
Department for costs related to deployments of VA-TF2 team for Tropical
Storm Dolly, Hurricane Gustav, and Hurricane Ike, are hereby increased by
$5,099 for Tropical Storm Dolly, $750,000 for Hurricane Gustav, and
$1,172,000 for Hurricane Ike.
2) Appropriations and estimated revenues to the FY 2006-07 FEMA
Cooperative Agreement Grant for development and maintenance of VA-TF2
are hereby reduced by $1,213,981 to match the authorization by FEMA of
$802,500.
Adopted by the Council of the City of Virginia Beach, Virginia on the 18th day
of Nrme111ber ' 2008.
Requires an affirmative vote by a majority of all members of the City Council.
Approved as to Content:
Approved as to Legal
Sufficiency:
J)~Q~
Management Services /
~---
Ity AU ey's Office
CA10911
R-3
November 4, 2008
I I
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Item V-K.IO.
ORDINANCES/RESOLUTION
ITEM # 58246
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
\
Ordinance to ACCEPT and APPROPRIATE a Grant from the U S.
Department of Homeland Security/FEMA re enhanced medical training
and equipment re EMS "Four-for-Life"
Voting:
9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
John E. Uhrin and James L. Wood
November 18, 2008
I III I I
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDS FROM THE FEMA ASSISTANCE TO
3 FIREFIGHTERS GRANT (AFG) AND TO
4 APPROPRIATE AND TRANSFER FUNDS FROM THE
5 EMS FOUR-FOR-L1FE SPECIAL REVENUE FUND
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA, THAT:
9
10 1) Funds are hereby accepted from the United States Department of Homeland
11 Security, Federal Emergency Management Agency in the amount of $56,296
12 and appropriated to the FY 2008-09 Operating Budget of the Department of
13 Emergency Medical Services in the Grants Consolidated Fund, with
14 estimated federal revenues increased accordingly.
15
16 2) To provide the required 20% match for the federal grant, funds totaling
17 $14,074 are hereby appropriated and transferred from the fund balance of
18 the Emergency Medical Services Four-For-Life Special Revenue Fund to the
19 FY 2008-09 Operating Budget of the Department of Emergency Medical
20 Services in the Grants Consolidated Fund for the purchase of additional
21 training, medical supplies and training equipment.
Adopted by the Council of the City of Virginia Beach, Virginia on the 18th day
of November, 2008.
Requires an affirmative vote by a majority of all members of the City Council.
Approved as to Content
Approved as to Legal Sufficiency
D~u~
Management Services /
~~~---
Y Att y's Office
CA 10903
R-2
November 4, 2008
I I I
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- 65 -
Item V-K.l1.
ORDINANCES/RESOLUTION
ITEM # 58247
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE a Grant from the Virginia
Department of Health re medical services for the EMS Four-for-Life
Voting: .
9-0 (By Consent)
Cuuncil Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
John E. Uhrin and James L. Wood
November 18, 2008
I I
1 AN ORDINANCE TO ACCEPT FUNDS FROM THE
2 VIRGINIA DEPARTMENT OF HEALTH AND TO
3 APPROPRIATE AND TRANSFER FUNDS FROM THE
4 FUND BALANCE OF THE EMS FOUR-FOR-L1FE
5 SPECIAL REVENUE FUND
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA:
9
10 1) Funds are hereby accepted from the Virginia Department of Health, Office of
11 Emergency Medical Services in the amount of $302,916, which are reflected
12 in the June 30, 2008 fund balance of the EMS Four-Four-Life Special
13 Revenue Fund.
14
15 2) $342,489 is hereby appropriated and transferred from the fund balance of
16 the EMS Four-For-Life Special Revenue Fund to the FY 2008-09 Operating
17 Budget of the Department of Emergency Medical Services in the Grants
18 Consolidated Fund for rescue, medical and training purchases, with
19 estimated revenues increased accordingly.
Adopted by the Council of the City of Virginia Beach, Virginia on the 18th day
of November ,2008.
Requires an affirmative vote by a majority of all members of the City Council.
Approved as to Content:
Approved as to Legal Sufficiency:
J')~0 ,\Vy~
Management Services
~~
CA 1 0904
R-3
November 7, 2008
I I
- 66-
Item V-K.12.
ORDINANCES/RESOLUTION
ITEM # 58248
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE a Grantfrom the Virginia
Department of Criminal Justice Services to the Police re terrorism
deterrents
Voting:
9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
John E. Uhrin and James L. Wood
November 18, 2008
II
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AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT
FUNDS FROM THE VIRGINIA DEPARTMENT OF CRIMINAL
JUSTICE SERVICES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That $29,190 is hereby accepted from the Department of Criminal Justice Services
and appropriated to the FY 2008-09 Police Department Operating Budget for equipment to
enable the Police Department's Special Investigative Unit to prevent or respond to potential
acts of terrorism, with estimated revenues increased accordingly.
of
Adopted by the Council of the City of Virginia Beach, Virginia on the 18th
November 2008.
day
Requires an affirmative vote by a majority of all members of the City Council.
Approved as to Content:
Approved as to Legal Sufficiency:
c7JQLJ~ D-\\~~
Management Services .'
~/~
Ity Att ey's Office
CA10914
R-2
November 5, 2008
II
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Item V-K.13.
ORDINANCES/RESOLUTION
ITEM # 58249
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE a Grant from the DEA
Shared Asset Special Revenue Fund to the Police Department re canines
Voting:
9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
John E. Uhrin and James L. Wood
November 18,2008
I I I
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AN ORDINANCE TO APPROPRIATE FUNDS FROM THE
DEA SHARED ASSET SPECIAL REVENUE FUND
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That $46,064 is hereby appropriated from fund balance in the FY 2008-09 DEA
Seized Property Special Revenue Fund to improve communication technology in the Police
Department and to replace police canines.
Adopted by the Council of the City of Virginia Beach, Virginia on the 18th day
of November 2008.
Requires an affirmative vote by a majority of all members of the City Council.
Approved as to Content:
Approved as to Legal Sufficiency:
l)~)Q"~
Management seNices. .
2~--
City Att . y's Office
CA10913
R-2
November 5, 2008
I I
- 68 -
Item V-K.14.
ORDINANCES/RESOLUTION
ITEM # 58250
Upon motion by Vice Mayor Jones. seconded by Council Lady Wilson, City Council ADOPTED:
Resolution requesting reimbursement from the Commonwealth of
Virginia for twenty-five percent (25%) of the Construction Costs for a
new Multi-Use Correctional Facility
Voting:
9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones. Reba S. McClanan, Mayor Meyera E.
Oberndorf, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
John E. Uhrin and James L. Wood
November 18,2008
: I I
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A RESOLUTION REQUESTING REIMBURSEMENT FROM
THE COMMONWEALTH OF VIRGINIA FOR TWENTY-FIVE
PERCENT OF THE CONSTRUCTION COSTS FOR A NEW
MULTI-USE CORRECTIONAL FACILITY
WHEREAS, a Community Based Corrections Plan was prepared for the Sherriff
to determine the City's immediate and future bed requirements for the correctional
center;
WHEREAS, the study concluded that the City needs a 250 bed stand-alone
facility to house minimum security, work release, work-crew and weekender inmates to
assist in alleviating overcrowding in the existing facility;
WHEREAS, the facility would also be used as an emergency shelter for the City
in the event of pandemic or emergency needs; and
WHEREAS, state law provides that city councils, by resolution, may request
reimbursement for up to one-fourth of the capital costs of jail construction, subject to
approval by the Board of Corrections.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Council of the City of Virginia Beach hereby requests
reimbursement from the Commonwealth of Virginia for twenty-five percent of all eligible
costs of construction of the new multi-use correctional facility.
Adopted by the City Council of the City of Virginia Beach, Virginia, this 18th
day of l\[ov~mhE'r ,2008.
APPROVED AS TO LEGAL
SUFFICIENCY:
,-Z: ~ ~
City Attorney's Office
CA10915
R-3
November 17,2008
I I
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V-L. PLANNING
1. CHRISTINE PINKSTON
2. TANIKA DRA WHORN
3. T-MOBILE NORTHEAST, L.L.C.
4. ARGOLD DAM NECK, L.L.C.
- 69-
ITEM # 58251
CONDITIONAL USE PERMIT
CONDITOINAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL CHANGE OF ZONING
November 18, 2008
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- 70 -
Item V-L.l.
PLANNING
ITEM # 58252
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED in
ONE MOTION Items 1, 23, 4 (DEFERRED) and 5 of the PLANNING BY CONSENT AGENDA.
Item L.4 (ARGOLD DAM NECK, L.L.c.) was DEFERRED, BY CONSENT, until the City Council
Session of November 25, 2008.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
John E. Uhrin and James L. Wood
Council Lady Wilson voted a VERBAL NA Y on Item 2. (T ANIKA DRA WHORN)
November 18. 2008
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- 71 -
Item V-L.J.
PLANNING
ITEM # 58253
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson. City Council ADOPTED an
Ordinance upon application of CHRISTINE PINKSTON for a Conditional Use Permit re a residential
kennel:
ORDINANCE UPON APPLICATION OF CHRISTINE PINKSTON, FOR
A CONDITIONAL USE PERMIT (RESIDENTIAL KENNEL)
ROl1835301
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of CHRISTINE PINKSTON, for a
Conditional Use Permit (residential kennel), 1428 Princess Anne Road.
(GPIN: 24019887180000)
DISTRICT 7 - PRINCESS ANNE DISTRICT.
The following conditions shall be required:
.
1. No more than eight (8) adult dogs (over six months of age) shall be kept on the property at any time.
No breeding, grooming or boarding of any other dogs for monetary or non-monetary purposes shall
be permitted.
2. Dog waste shall be picked up and disposed of on a daily basis.
3. The applicant shall maintain the dogs in a current status on any required shots and shall
properly license the dogs through the City of Virginia Beach
This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighteenth of November Two
Thousand Eight
Voting:
9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer. Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
John E. Uhrin and James L. Wood
November 18,2008
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- 72-
Item V-L.2.
PLANNING
ITEM # 58254
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application of T ANIKA DRA WHORN for a Conditional Use Permit re a home daycare
ORDINANCE UPON APPLICATION OF TANIKA DRAWHORN,
CONDITIONAL USE PERMIT (HOME DAYCARE). R011835302
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH VIRGINIA
Ordinance upon application ofTANIKA DRAWHORN, Conditional Use
Permit (home daycare) at 811 Admissions Court (GPIN):
14682462260000.
DISTRICT 2 -KEMPSVILLE DISTRICT.
The following conditions shall be required:
1. The home daycare shall be limited to a total of six (6) children other than children living in the home.
There shall be no more than five (5) children under the age of 21'2 in the home at one time, as
required by the Department of Social Services.
2. A fence, to be maintained in good condition at all times, shall enclose the outdoor play area and the
fence shall satisfy the requirement of the Department of Social Services.
3. No signs advertising the home daycare shall be permitted on the lot or any building on the lot at any
time.
4. 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.
5. The applicant shall receive a Certificate of Occupancy for the proposed use from the Building
Official for the home daycare/residential use.
6. The applicant shall obtain all necessary permits and inspections from the Planning Department /
Permits and Inspections Division.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighteenth of November Two
Thousand Eight
November 18, 2008
II
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- 73 -
Item V-L.2.
PLANNING ITEM # 58254 (Continued)
Voting: 8-1 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph. Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf and Ron A. Villanueva
Council Members Voting Nay:
Rosemary Wilson
Council Members Absent:
John E. Uhrin and James L. Wood
November 18, 2008
I I
- 74 -
Item V-L.3.
PLANNING
ITEM # 58255
Upon motion by Vice Mayor Jones. seconded by Council Lady Wilson, City Council ADOPTED
Ordinance upon application of T-MOBILE NORTHEAST, L.L.c. for a Conditional Use Permit re a
communication tower:
ORDINANCE UPON APPLICATION OF T-MOBILE NORTHEAST,
L.L.C CONDITIONAL USE PERMIT RE A COMMUNICATION
TOWER ROl1835303
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of T-MOBILE NORTHEAST, L.L.C
Conditional Use Permit re a communication tower at 2224 Greenwell
Road GPIN: 14796787100000
DISTRICT 4 - BAYSIDE DISTRICT
The following conditions shall be required:
1. The communication tower shall be substantially constructed with flush-mounted antennas as shown
on the site plans entitled, "Survey Plat, Bayside Christian Church, "prepared by Hadler Surveys,
P. C, dated 6-9-08. with the exception that no chain link fence or barbed wire shall be permitted and
the required setback is modified. This site plan has been exhibited to City Council and is on file with
the Department of Planning.
2. The tower with antennas shall not exceed 135 feet in height.
3. The lease area, as depicted on the survey entitled, "Survey Plat, Bayside Christian Church, "
prepared by Hadler Surveys, P. C, dated 6-9-08, shall be surrounded with a solid fence, including the
gate with a minimum height of six (6) feet. Said fence shall be installed in lieu of the proposed chain
link fence depicted on survey identified herein. Barbed wire shall not be permitted.
4. Category VI landscaping shall be installed along the southern lease boundary line as depicted on the
plan identified in conditions 1 and 3 above. Landscaping is waived along the northern, western and
eastern portions of the lease area.
5. In the event interference with any City emergency communications facilities results from the use of
this tower and antennas, the user(s) shall take all measures reasonably necessary to correct and
eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user
shall immediately cease operation to the extent necessary to stop the interference.
6. As required by Section 232(i)(4) of the City Zoning Ordinance (CZO), should the antennas cease to
be usedfor a period of more than one (1) year, the applicant shall remove the tower, antennas and
related equipment from the property within ninety (90) days of notification by the Director of
Planning.
7. No signs indicating the location of this facility are allowed.
November 18,2008
I 1.1
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Item V-L.3.
PLANNING
ITEM # 58255 (Continued)
This Ordinance shall be effective in accordance with Section 107 (/) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighteenth of November Two
Thousand Eight
Voting:
9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
OberndorJ, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
John E. Uhrin and James L. Wood
November 18, 2008
I I
- 76 -
Item V-LA.
PLANNING
ITEM # 58256
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED until
the City Council Session of November 25, 2008, Ordinance upon application of ARGOLD DAM
NECK, L.L.C. for a Change of Zoninz District Classification (COZ) from R-15 Residential District and
AG-1 Agricultural District to Conditional R-l.5 Residential District:
ORDINANCE UPON APPLICATION OF ARGOLD DAM NECK, L.L.c.
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-
15 RESIDENTIAL DISTRICT AND AG-1 AGRICULTURAL DISTRICT
TO CONDITIONAL R-7.5 RESIDENTIAL DISTRI
CT
Ordinance upon application of Argold Dam Neck, L.L.C.for a Change of
Zoning District Classification from R-15 Residential District and AG-1
Agricultural District to Conditional R-7.5 Residential District on
property located on the south side of Dam Neck Road, approximately
180 feet east of Southcross Drive (GPIN 1484166408 - part of).
DISTRICT 1 - PRINCESS ANNE
Voting:
9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
John E. Uhrin and James L. Wood
November 18, 2008
II
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- 77-
Item V-L.5.
PLANNING
ITEM # 58257
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to AMEND the Comprehensive Plan and incorporate the
2008 OUTDOOR PLAN as an appendix
Voting:
9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Dieze!, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
John E. Uhrin and James L. Wood
November 18, 2008
I I I
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1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
AN ORDINANCE TO AMEND THE COMPREHENSIVE
PLAN BY INCORPORATING THE VIRGINIA BEACH
OUTDOORS PLAN AS AN APPENDIX
WHEREAS, the public necessity, convenience, general welfare and good zoning
practice so require;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the Comprehensive Plan of the City of Virginia Beach be, and hereby is,
amended and reordained by the addition of that certain document entitled "Virginia
Beach Outdoors Plan - Final Draft 2008" as an Appendix. Such document is made a
part hereof, having been exhibited to City Council and on file in the Department of
Planning.
Adopted by the Council of the City of Virginia Beach, Virginia, on this 18th day of
19
November, 2008.
I I
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1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
AN ORDINANCE TO AMEND THE COMPREHENSIVE
PLAN BY INCORPORATING THE VIRGINIA BEACH
OUTDOORS PLAN AS AN APPENDIX
WHEREAS, the public necessity, convenience, general welfare and good zoning
practice so require;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the Comprehensive Plan of the City of Virginia Beach be, and hereby is,
amended and reordained by the addition of that certain document entitled "Virginia
Beach Outdoors Plan - Final Draft 2008" as an Appendix. Such document is made a
part hereof, having been exhibited to City Council and on file in the Department of
Planning.
COMMENT
The ordinance amends the Comprehensive Plan by incorporating the Virginia Beach
Outdoors Plan, which provides general land use policy guidance regarding outdoor areas and
amenities.
Adopted by the Council of the City of Virginia Beach, Virginia, on this 18th
24
day of November, 2008.
APjROVED AS TO LEGAL SUFFIC1~CY
~dJ(~ fVl, ~/l
City Attorney's dffice
CA10857
R-1
September 3, 2008
II
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- 78 -
V-L.M
APPOINTMENTS
ITEM # 58258
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
COMMUNITY SERVICES BOARD
HISTORIC PRESERVATION COMMISSION
PARKS and RECREATION COMMISSION
REVIEW AND ALLOCATION COMMITTEE - COG
TIDEWATER REGIONAL GROUP HOME COMMISSION
November 18, 2008
I, ! i
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- 79-
V-M.1.
APPOINTMENTS
ITEM # 58259
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Admiral Fenton Priest
11/18/08 - 2/28/13
Admiral Fred Ruehe
Unexpired thru 2/28/13
MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE
Voting:
9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones. Reba S. McClanan. Mayor Meyera E.
Oberndorf, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
John E. Uhrin and James L. Wood
November 18, 2008
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- 80 -
V-M.2.
APPOINTMENTS
ITEM # 58260
Upon NOMINATION by Vice Mayor Jones, City Council:
APPOINTED:
Philip A. Shucet
Alternate
4 Year Term
1/1/09-12/31/12
REAPPOINTED:
Michael J. Barrett
4 Year Term
1/1/09 -12/31/12
SOUTHEASTERN PUBLIC SERVICE AUTHORITY
Voting:
9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
John E. Uhrin and James L. Wood
November 18, 2008
I I I
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- 81 -
V-M.3.
APPOINTMENTS
ITEM # 58261
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Christopher Beale
4 year Term
1/1/09-12/31/12
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC)
Voting:
9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf Ron A. Villanueva and Rosemary Wilson
Cuuncil Members Voting Nay:
None
Cuuncil Members Absent:
John E. Uhrin and James L. Wood
November 18, 2008
II
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- 82 -
V-M.4.
APPOINTMENTS
ITEM # 58262
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Gary Arnold, Architect
4 year Term
10/1/08-9/30/12
WORKFORCE HOUSING ADVISORY COMMITTEE
Voting:
9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
John E. Uhrin and James L. Wood
November 18,2008
, I
II
- 83 -
V-Q.1.
NEW BUSINESS
ITEM # 58263
Recorded by Consensus:
ABSTRACT OF VOTES - General Election of November 4, 2008
November 18, 2008
I I
ABSTRACT OF VOTES
cast in the City/County of Virginia Beach
at the November 4, 2008 General Election, for:
, Virginia,
ELECTORS FOR
PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES
THE TABULATION FOR EACH ELECTOR ENTERED IN THIS ELECTION IS AS FOLLOWS:
Democratic Party for Electors for Barack Obama, President and Joe Biden, Vice President
Christia v. Rey
Sandra W. Brandt
Betty L. Squire
Susan Johnston Rowland
Marc L. Finney
Dorothy S. Blackwell
James Harold Allen Boyd
Marian A. Van Landingham
Robert Edgar Childress, Jr.
Rolland D. Winter
Janet A. Carver
Michael Jon Khandelwal
Sophie Ann Salley
Total Votes Received
98,885
(in figures)
Republican Party for Electors for John McCain, President and Sarah Palin, Vice President
Janet A. Jackson
David E. Nygaard
Arthur Lee Talley, Jr.
Wayne Junius Ozmore, Jr.
George A. Sterling
Richard Allen Claybrook, Jr.
Linwood M. Cobb III
R. Christian Hoff
Sydney Strother Smith III
Barbara "Bobbie" Greene
Kilberg
William Wickham Hanks
Thomas E. Foley
James K. "Jay" O'Brien, Jr.
Total Votes Received
100,319
( in figures)
Independent Green Party for Electors for Chuck Baldwin, President and Darrell L. Castle, Vice President
Craig E. Ennis
D. C. Amarasinghe
William K. Grogan
Albert P. Burckard, Jr.
Shennan D. Witcher
Joseph L. LeBlanc
Brian Taylor
Glenda Gail Parker
George R. Wood
Harlan Fred Wahlert
David William Gillis, Jr.
Carey C. Campbell
Mario T. Palmi otto
Total Votes Received 394
(in figures)
Libertarian Party for Electors for Bob Barr, President and Wayne A. Root, Vice President
K. M. Offerman
Henry T. Thrasher
Sanford J. Pankin
William Donald Tabor, Jr.
Lindsey M. Burke
Elizabeth Blanton Bowles
George Nicholas Marchenko
Donald Edward Ferguson
James W. Lark III
Wilbur N. Wood III
Scott T. Wakeman
Leonard T. Harris
L. Marc Montoni
Total Votes Received 635
(in figures)
CONTINUED ON REVERSE SIDE
I I I I
Electors for President and Vice President of the United States
General Election
November 4, 2008
County/City of Virginia Beach
Page 2 of2
Green Party for Electors for Cynthia McKinney, President and Rosa Clemente, Vice President
Christopher E. Fink
Edmund Everett Dowe II
Rain Burroughs
Richard A. Miller
Jana Lee Cutlip
Daniel A. Metraux
John B. Gallini
Kirit Mookerjee
Clifford Barry Anderson
Mary Theresa Schmidt Taylor
Paul S. Hughes
James R. Lowenstem
Tamar B. Yager
Total Votes Received
114
(in figures)
Independent for Electors for Ralph Nader, President and Matt Gonzalez, Vice President
Ashley Elizabeth Slaff
Adrienne Nicole Cottle
Nicholas William Johnson
Erick W. Brucker
Jeffrey C. Mitchell
Raymond W. Fary
Michael Lee Ogilvie
Henry A. Perretta
Matthew Lee Alley
Daniel 1. Christakos
Michael Joseph Smith
Dena May Cottle
Rickey Ray Johnson
Total Votes Received
542
(in figures)
Total Write-In Votes [FROM WRITE-INS CERTIFICATION]
[VALID WRITE INS + INVALID WRITE INS = TOTAL WRITE IN VOTES]
360
(in figures)
Total Number Of Overvotes For
Office
26
(in figures)
We, the undersigned Electoral Board, upon examination of the offlcial records deposited with the Clerk of the Circuit Court
of the election held on November 4, 2008, do hereby certify that the above is a true and correct Abstract of Votes cast at
said election for Electors for President and Vice President of the United States.
Given under our hands this
11th
day of November, 2008.
A copy teste:
, Chairman
, Vice Chairman
, Secretary
Secretary, Electoral Board
I I
COMPLETE AND RETURN THIS FORM TO sse TOGETHER WITH THE ABSTRACT FOR PRESIDENT AND VICE PRESIDENT.
ONLY WRITE-INS FOR THE NAMES LISTED BELOW (OR VARIATIONS THEREOF) ARE VALID.
THE ENTRY OF THE NAME OF ONLY THE PRESIDENTIAL WRITE-IN IS CONSIDERED A VALID WRITE-IN FOR BOTH CANDIDATES.
(e.g., Jonathan Allen is counted as a write-in for Jonathan Allen/Jeffrey Stath)
WRITE-INS CERT/F/CA TION
Electors for President and Vice President
Virginia Beach
o COUNTY
Xl CITY
November 4, 2008 General Election
Page 1 of 1
WRITE-INS - SUMMARY [REQUIRED]
1. Invalid Write-Ins .......... .......................... ..... ............................. ......
2. Valid Write-Ins ............ ........ ................... ................ ........................
3. Total Write-Ins .............. ..................................... ............................
[ENTER THIS FIGURE ON LINE FOR TOTAL WRITE-IN VOTES ON ABSTRACT FOR THIS OFFICE.I
VALID WRITE-INS - DETAIL
ALL VAUD WRITE-INS WHEN ADDED TOGETHER MUST EQUAL THE TOTAL
ENTERED ON LINE 2 ABOVE.
Jonathan Allen/Jeffrey Stath . .................................. .........................
Keith Russell Judd/Monty W. Judd...................................................
Alan Keyes/Steve Schulin .................... ..... ........................................
Brian Moore/Stewart A. Alexander....................................................
TOTAL YOTES
RECEIVED
(IN FIGURES)
358
ENTER TOTAL INVALID
2
ENTER TOTAL VALID
360
ADD LINES 1 AND 2
TOTAL YOTES
RECEIVED
(IN FIGURES)
1
1
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the
Circuit Court of the election held on November 4, 2008, do hereby certify that, the above is a true and COffect
certification of the write-in votes cast at said election for this office.
Given under our hands this 11th day of November, 2008.
A copy teste:
"\
, Chairman
, Vice Chairman
I Secretary
Secretary, Electoral Board
I I I I
ABSTRACT OF VOTES
cast in the CitylCounty of Virginia Beach
at the November 4, 2008 General Election, for:
, Virginia,
MEMBER
UNITED STATES SENATE
NAMES OF CANDIDA TES AS PRINTED ON BALLOT
TOTAL VOTES
RECEIVED
(IN FIGURES)
Mark R. Warner - 0
James S. "Jim" Gilmore III - R
124,517
67,886
1.407
Glenda Gail Parker - IG
William B. Redpath... L
1,071
Total Write-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED]
[Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] ........................................ 114
Total Number of Overvotes for OffIce
6
We, the undersigned Electoral Board, upon examination of the official records deposited with
the Clerk of the Circuit Courl of the election held on November 4, 2008, do hereby cerlify that
the above is a true and correct Abstract of Votes cast at said election for Member of the United
States Senate in the Congress of the United States.
11 th day of November, 2008.
Given under our hands this
A copy teste:
, Chairman
, Vice Chairman
, Secretary
Secretary, Electoral Board
I I
ABSTRACT OF VOTES
cast in the City/County of Virginia Beach
at the November 4, 2008 General Election, for:
, Virginia,
MEMBER
HOUSE OF REPRESENTATIVES
2nd District
NAMES OF CANDIDATES AS PRINTED ON BALLOT
TOTAL VOTES
RECEIVED
(IN FIGURES)
Glenn C. Nye III - D
Thelma D. Drake - R
98,794
93,329
Total Write-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] 231
[Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] ........................................
Total Number of Overvotes for Office
11
We, the undersigned Electoral Board, upon examination of the official records deposited with
the Clerk of the Circuit Court of the election held on November 4, 2008, do hereby certify that
the above is a true and correct Abstract of Votes cast at said election for Member of the House
of Representatives in the Congress of the United States.
Given under our hands this 11th day of November, 2008.
, Chairman
Chairman
, Secretary
A copy teste;
Secretary, Electoral Board
I I I I
ABSTRACT OF VOTES
Cast in the City of Virginia Beach
at the November 4. 2008 General Election, for:
. Virginia.
MAYOR
NAMES OF CANDIDA TES AS PRINTED ON BALLOT
TOTAL VOTES
RECEIVED
(IN FIGURES)
John D. Moss
Meyera E. Obemdorf
W. D. 'Will" Sessoms, Jr.
29.528
67.534
74.386
19.159
Scott W. Taylor
Total Wrlte"n Vote. [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED]
[Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] .................................................. 260
Total Number of OveNote. for OffIce ........................................................... 32
We, the undersigned Electoral Board, upon examination of the official records deposited with the
Clerk of the Circuit Court of the election held on November 4, 2008, do hereby certify that the
above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and
declare that the following person has received the greatest number of votes cast for the above
office in said election:
W. D. 'Will" Sessoms, Jr.
Given under our hands this 11th day of November, 2008.
A copy teste:
. Chairman
, Vice Chairman
. Secretary
Secretary, Electoral Board
I I I I
ABSTRACT OF VOTES
Cast in the City of Virginia Beach
at the November 4, 2008 General Election, for:
MEMBER
CITY COUNCIL - AT LARGE
, Virginia,
NAMES OF CANDIDA TES AS PRINTED ON BALLOT
Georgia F. Allen
Leona M. "Lee" Shuler
Keith Justin Strausbaugh
Lawrence J. T eator
Rosemary A. Wilson
Tota' Wrlt.'n Vot.. (COMPLETE WRITE-INS CERTIFICATION, IF NEEDED]
(Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] ..................................................
Total Number of Overvate. for OffIce ...........................................................
TOTAL VOTES
RECEIVED
(IN FIGURES)
55,491
12,204
15,157
6,779
70,812
732
105
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk
of the Circuit Court of the election held on November 4, 2008, do hereby certify that the above is a true
and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the
following person(s) has(have) received the greatest number of votes cast for the above office in said
election:
Rosemary A. Wilson
Given under our hands this
11th day of November, 2008.
A copy teste:
, Chainnan
, Vice Chainnan
, Secretary
Secretary, Electoral Board
I I 1\
ABSTRACT OF VOTES
Cast in the City of Virginia Beach
at the November 4, 2008 General Election, for:
MEMBER
CITY COUNCIL - KEMPSVILLE DISTRICT
TOTAL VOTES
RECEIVED
NAMES OF CANDIDA TES AS PRINTED ON BALLOT (IN FIGURES)
, Virginia,
Harry E. Diezel
Jose P. "Joe" Flores III
69,314
34,168
38,762
Andrew R. Jackson
Total Write-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED]
[Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] ,.................................................
Total Number of Overvote. for Office ...........................................................
487
33
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk
of the Circuit Court of the election held on November 4, 2008, do hereby certify that the above is a true
and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the
following person(s} has(have} received the greatest number of votes cast for the above office in said
election:
Harry E. Diezel
Given under our hands this
11th day of November, 2008.
A copy teste:
, Chairman
, Vice Chairman
I Secretary
Secretary, Electoral Board
I I
ABSTRACT OF VOTES
Cast in the City of Virginia Beach
at the November 4, 2008 General Election, for:
MEMBER
CITY COUNCIL - CENTERVILLE DISTRICT
TOTAL VOTES
RECEIVED
NAMES OF CANDIDA TES AS PRINTED ON BALLOT (IN FIGURES)
, Virginia,
Robert M. "Bob" Dyer
128,591
Total Wrlt."n Vot.. [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED)
[Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes) ,.................................................
Total Number of Overvote. for Office ...........................................................
999
2
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk
of the Circuit Coult of the election held on November 4, 2008, do hereby certify that the above is a true
and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the
following person(s} has(have} received the greatest number of votes cast for the above office in said
election:
Robert M. "Bob" Dyer
Given under our hands this
11th day of November, 2008.
, Chainnan
, Vice Chairman
, Secretary
A copy teste:
Secretary, Electoral Board
I I I I
ABSTRACT OF VOTes
, Virginia,
Cast in the City of Virginia Beach
at the November 4, 2008 General Election, for:
MEMBER
CITY COUNCIL - ROSE HALL DISTRICT
NAMes OF CANDIDA res AS PRINTED ON BALLOT
Glenn R. Davis, Jr.
Reba S. McClanan
Total Wrlt.-In Vot.. [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED]
[Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] ..................................................
Total Number of Overvotes for Office ...........................................................
TOTAL VOTes
ReCEIVED
(IN FIGURES)
78,912
69,974
377
19
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk
of the Circuit Court of the election held on November 4, 2008, do hereby certify that the above is a true
and correct Abstract of Votes cast at said election and do, therefore, detennine and declare that the
following person(s) has(have) received the greatest number of votes cast for the above office in said
election:
Glenn R. Davis, Jr.
Given under our hands this
11 th day of November, 2008.
A copy teste:
, Chairman
Vice Chairman
, Secretary
retary, Electoral Board
I I
ABSTRACT OF VOTES
Cast in the County/City of Virginia Beach
at the November 4,2008 General Election, for:
, Virginia,
MEMBER
SCHOOL BOARD
AT LARGE
ENTERATlARGE ORAPPR<PRIATEDISTRICT OR WAAD NM'E
NAMES OF CANDIDA TES AS PRINTED ON BALLOT
TOTAL VOTES
RECEIVED
(IN FIGURES)
Rita Sweet Bellitto
68,545
Patrick S. Salyer
Mavel Z. Velasco
47.179
19,992
Erika M. Walker-Cash
34,701
Gertrude H. "Bunny" Waugh
20,519
Total Write-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED]
[Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] "................................................ 841
Total Number of Overvotes for Office ........................................................... 9
We, the undersigned Electoral Board, upon examination of the official records deposited with the
Clerk of the Circuit Court of the election held on November 4, 2008, do hereby certify that the
above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and
declare that the following person(s) has(have) received the greatest number of votes cast for the
above office in said election:
Rita Sweet Bellitto
Patrick S. Salyer
Given under our hands this 11th day of November, 2008.
A copy teste:
, Chairman
, Vice Chairman
, Secretary
Secretary, Electoral Board
I I I 1\
ABSTRACT OF VOTES
Cast in the County/City of Virginia Beach
at the November 4, 2008 General Election, for:
, Virginia,
MEMBER
SCHOOL BOARD
CENTERVlLLE
ENTERATlARGE ORAI"PRO'RIATE DISTRICT OR WfJ<ffi NAAE
NAMES OF CANDIDA TES AS PRINTED ON BALLOT
TOTAL VOTES
RECEIVED
(IN FIGURES)
French Donald Mackes, Jr.
105,285
23,737
Daniel D. "Dan" Edwards
Total Write-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED]
[Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] "................................................
392
Total Number of Overvotes for Office ...........................................................
24
We, the undersigned Electoral Board, upon examination of the official records deposited with the
Clerk of the Circuit Court of the election held on November 4, 2008, do hereby certify that the
above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and
declare that the following person(s) has(have) received the greatest number of votes cast for the
above office in said election:
Daniel D. "Dan" Edwards
Given under our hands this 11th day of November, 2008.
, Chairman
, Vice Chairman
, Secretary
A copy teste:
Secretary, Electoral Board
I I
I I
ABSTRACT OF VOTES
Cast in the County/City of Virginia Beach
at the November 4, 2008 General Election, for:
, Virginia,
MEMBER
SCHOOL BOARD
KEMPSVILLE
em:RATLARGECRAPPIO'RIATEOISTRCTCR WI<<JNIWE
NAMES OF CANDIDATES AS PRINTED ON BALLOT
TOTAL VOTES
RECEIVED
(IN FIGURES)
Sandra Smith-Jones
124,654
Total Write-In Vote. [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED]
[Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes) ..................................................
742
Total Number of Overvote. for OffIce ...........................................................
We, the undersigned Electoral Board, upon examination of the official records deposited with the
Clerk of the Circuit Court of the election held on November 4, 2008, do hereby certify that the
above is a true and COffect Abstract of Votes cast at said election and do, therefore, determine and
declare that the following person(s) has(have) received the greatest number of votes cast for the
above office in said election:
3
Sandra Smith-Jones
Given under our hands this 11th day of November, 2008.
y
, Chairman
, Vice Chairman
A copy testo:
, Secretary
Secretary, Electoral Board
I I
I I
ABSTRACT OF VOTES
Cast in the County/City of Virginia Beach
at the November 4, 2008 General Election, for:
, Virginia,
MEMBER
SCHOOL BOARD
ROSE HALL
ENTERATI.AREOR~TEDlS'mlCTOR WPRJNN.E
NAMES OF CANDIDA TES AS PRINTED ON BALLOT
TOTAL VOTES
RECEIVED
(IN FIGURES)
Brent N. McKenzie
Michael W. Stewart
72,641
51,017
Total Wrlt.ln Vot.. [COMPlETE WRITE-INS CERTIFICATION, IF NEEDED]
[Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] ,.................................................
391
Total Number of Overvot.. for OffIce ...........................................................
We, the undersigned Electoral Board, upon examination of the official records deposited with the
Clerk of the Circuit Court of the election held on November 4, 2008, do hereby certify that the
above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and
declare that the following person(s) has(have) received the greatest number of votes cast for the
above office in said election:
34
Brent N. McKenzie
I Chairman
, Vice Chairman
, Secretary
Secretary, Electoral Board
I I
ABSTRACT OF VOTES
Cast in the County/City of Virginia Beach
at the November 4, 2008 General Election, for:
, Virginia,
MEMBER
SCHOOL BOARD
PRINCESS ANNE
ENTERATLARGEORAPPRCFRIATEOISTRICT OR WfIRJ f'.W.E
NAMES OF CANDIDA TES AS PRINTED ON BALLOT
TOTAL VOTES
RECEIVED
(IN FIGURES)
William J. "Bill" Brunke IV
122,549
Total Write-In Vot.. [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED]
[Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] "................................................
597
Total Number of Overvot.. for Office ...........................................................
We, the undersigned Electoral Board, upon examination of the official records deposited with the
Clerk of the Circuit Court of the election held on November 4, 2008, do hereby certify that the
above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and
declare that the following person(s) has(have) received the greatest number of votes cast for the
above office in said election:
3
William J. "Bill" Brunke IV
Given under our hands this 11th day of November, 2008.
A copy teste:
, Chairman
, Vice Chairman
, Secretary
Secretary, Electoral Board
I I
I I
- 84 -
Item v.P.
ADJOURNMENT
ITEM # 58264
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6: 56 P.M.
~~_____~,_~~~W
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
Ifh Hodges Fraser. MMC
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
The Public Comment re Non Agenda Item adjourned at 7:11 P.M.
November 18.2008
- 85 -
Item v.P.
ADJOURNMENT
ITEM # 58264
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:56 P.M.
(7? _L ,____t2~-L~.J /--J
~~;;;;;;1.~ooks, CMC
Chief Deputy City Clerk
~~
City Clerk
~--
Mayor
City of Virginia Beach
Virginia
The Public Comment re Non Agenda Item adjourned at 7:11 P.M.
November 18,2008
- 85 -
PUBLIC COMMENT
Andrew Jackson, 153 Upperville Road, Phone: 490-9190, congratulated the Council Members re the
election. Mr. Jackson was a candidate for the Kempsville District. The "journey was great" and his
candidacy was a very positive experience. Mr. Jackson is concerned re the City Council elections
moving back to May and prefers the elections remain in November.
Carl Wright, 1144 Mondrian Loop, Phone: 235-5596, represented the (NAACP) National Association for
Advancement of Colored People. Mr. Wright OPPOSED the City Council elections being moved back to
May and prefers the elections occur in November.
November 18, 2008