HomeMy WebLinkAboutSEPTEMBER 22, 2009
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MA YOR WILLIAM n. SESSOMS ,JR" At-Large
VI( 'E MA YOR LOUIS R. JONES, Bayslde - District oJ
GLENN R. DAVIS, Rose Hall- District 3
WILLIAM R. DeSTEPH, At-Large
HARRY E. DIEZEL, Kempsville - District 2
ROBERT M. DYER" eenteMlle - District /
BARBARA M. HENLEY. Princess Anne - District 7
JOHN E. UHRIN, Beach - District 6
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMES L WOOD, Lynnhaven -District 5
CITY COUNCIL APPOINTEES
CITY MANAGER JAMES K SPORE
(,llY A7TORNEY MARK D STILES
('ITY ASSESSOR JERALD BANAGAN
('i7Y AUDITOR l.YNDON S. REM/AS
CITY CLERK RUTH HODGES FRASER, MMC
CITY COUNCIL AGENDA
22 SEPTEMBER 2009
1.
CITY COUNCIL'S BRIEFINGS:
- Conference Room -
A. LITTLE CREEK and FORT STORY JOINT BASING INITIATIVE
Captain William W. Crow, Commanding Officer, Little Creek
B. DEVELOPMENT AUTHORITY ANNUAL REPORT
Don Jellig, Chairman
II. CITY MANAGER'S BRIEFINGS:
A. FY 2009 UNAUDITED FINANCIAL RESULTS
Patti Phillips, Director - Finance
B. FIELD HOUSE EMERGENCY SHELTER
David L. Hansen, Deputy City Manager
III. CITY COUNCIL COMMENTS
IV. CITY COUNCIL AGENDA REVIEW
V. INFORMAL SESSION
- Conference Room -
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE:(757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycncl@vbgov.com
1:30 PM
4:00 PM
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VI. FORMAL SESSION AGENDA
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B.
INVOCATION:
Reverend Chris Bowen
St. Michaels Lutheran 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
September 8, 2009
G. FORMAL SESSION AGENDA
H. PRESENTATION
MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMISSION (MEDAC)
Rear Admiral Richard Dunleavy, USN Ret.
I. PUBLIC HEARING
1. LEASE OF CITY-OWNED PROPERTY - 408 Sandbridge Road
Sandbridge Water Tank
J. CONSENT AGENDA
K. ORDINANCES/RESOLUTIONS
1. Ordinance to A WARD a Lease to New Cingular Wireless PCS, LLC on a portion of City
property at the site of the Sandbridge Water Tank, 408 Sandbridge Road, re a
communications tower and related equipment.
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2. Ordinances to AUTHORIZE and DIRECT the City Manager to execute:
a. Lease for five (5) years with Friends of Ferry Plantation House, Inc. at 4136
Cheswick Lane
b. Police Mutual Aid Agreement with the Counties of Accomack, Gloucester, Isle
of Wight, James City, Northampton and York, the Cities of Chesapeake, Franklin,
Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia
Beach and Williamsburg and the Town of Smithfield.
c. Franchise Agreement with Ice Masters, Inc., t/a Rink Specialists, re a pilot
program to allow an ice skating rink at the 31st Street Park November 9, 2009
through February 22,2010
3. Ordinance to AUTHORIZE a temporary encroachment into a portion of City-owned
right-of-way for SAMUEL W. ZIMMER to remove an existing block paver wall and a
portion of an existing brick walk to construct and maintain a six (6) inch cobblestone curb
and modify an existing cobblestone planter at 53-Yz Street and 5303 Ocean Front A venue.
DISTRICT 5 - L YNNHA VEN
4. Ordinance to ESTABLISH the Virginia Beach Field House Emergency Shelter at the
Princess Anne Commons Athletic Village which can accommodate an upper level
Category Two Hurricane and TRANSFER $425,000 from Constitution Drive Extended
to the Virginia Beach Field House Emergency Shelter.
5. Resolution to COMMEMORATE Robert F. "Bob" Hedrick for his service to his
country, his community and his successful efforts to build Tidewater "brick by brick" into
what it is today.
6. Resolution to REFER to the Planning Commission, for consideration and
recommendation, an Ordinance to AMEND S211 of the City Zoning Ordinance (CZO) re
political campaign signs.
7. Resolution re the 2010 Community Legislative Agenda and REQUESTING support of
same by the City's local General Assembly Delegation.
8. Resolution to REQUEST the Secretary ofthe Navy to name a Littoral Combat Ship after
the City of Virginia Beach (USS Virginia Beach) and REQUEST support of same by
the City's local Congressional Delegation.
9. Resolution to AUTHORIZE the City Manager to execute all necessary agreements for an
allocation of $1 ,000,000 through the VDOT Revenue Sharing Program to Nimmo
Parkway - Phase V-A.
10. Resolution to AUTHORIZE and DIRECT the City Manager to execute an Agreement
with Hampton Roads Sanitation District (HRSD) for the relocation of the Witchduck-
Kempsville Road force main.
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L. PLANNING
1. Variance to S4.4(b) of the Subdivision Ordinance that requires all newly created lots meet
the requirements of the City Zoning Ordinance (CZO) for COASTAL LIVING
BUILDERS, L.L.C./WILLIAM T. KILEY & HELEN R. PAXTON to resubdivide
the four (4) lots into two parcels for the development of two single-family dwellings at
800 Greensboro Avenue.
DISTRICT 6 - BEACH DISTRICT
STAFF RECOMMENDATION
PLANNING COMMISSION RECOMMENDATION
APPRO V AL
NO RECOMMENDATION
DUE TO A TIE VOTE
2. Application of LOLA L. MORRIS for Modification of Conditions (previously approved
by City Council on June 8, 1987) to allow additional low-intensity businesses at 3725
West Stratford Road.
DISTRICT 4 - BA YSIDE DISTRICT
RECOMMENDATION
APPROV AL
3. Application of NEW CINGULAR WIRELESS PCS, LLC (T/A AT&T) for a
Conditional Use Permit re a communication tower at 6009 Blackwater Road.
DISTRICT 7 - PRINCESS ANNE
Deferred on May 26, 2009
RECOMMENDATION
APPROVAL
4. Application of VIRGINIA BEACH SCHOOL BOARD for a Conditional Use Permit re
wind energy conversion system (freestanding) at 1677 Harpers Road.
DISTRICT 6 - BEACH DISTRICT
RECOMMENDATION
APPROV AL
5. Application of ROBERT ARNOLD for a Conditional Use Permit re alternative
residential development at Blackwater Road and Shirley Landing Drive.
DISTRICT 7 - PRINCESS ANNE DISTRICT
RECOMMENDATION
APPROV AL
6. Application of WILLIAM E. and MONA D. GRAINGER for a Conditional Use
Permit re a bulk storage yard at 2432 Bowland Parkway.
DISTRICT 6 - BEACH DISTRICT
RECOMMENDA TION
APPROV AL
II III
M. APPOINTMENTS:
AGRICULTURAL ADVISORY COMMITTEE
BOARD OF ZONING APPEALS
CHESAPEAKE BAY PRESERVATION AREA BOARD
HEALTH SERVICES BOARD
HISTORICAL REVIEW BOARD
N. UNFINISHED BUSINESS
O. NEW BUSINESS
P. ADJOURNMENT
COMMUNITY SUMMIT
MONDA Y, OCTOBER 5, 2009
6:00 - 8:30 PM
CONVENTION CENTER - ROOMS 5-A,B,C
CITY COUNCIL REVIEW OF COMMUNITY SUMMIT
TUESDAY, OCTOBER 6,2009
8:30 AM
CONVENTION CENTER - ROOMS 4-D,E
Thursday, November 12th
ANNUAL JOINT MEETING
General Assembly, City Council
and School Board
********
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
***********
Agenda 9/22/09gw
www.vbgov.com
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MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
September 22, 2009
Mayor William D. Sessoms, Jr., called to order the CITY COUNCIL BRIEFING re LITTLE CREEK
and FORT STORY JOINT BASING INITIATIVE in the City Council Conference Room, Tuesday,
September 22,2009, at 1:30 P.M
Council Members Present:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel,
Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., Ron A. Villanueva, Rosemary
Wilson and James L. Wood
Council Members Absent:
John E. Uhrin
[Entered: 1:50 P.M]
September 22, 2009
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CITY COUNCIL BRIEFING.
LITTLE CREEK and FORT STORY JOINT BASING INITIATIVE
ITEM # 59207
1:30 P.M.
The City Manager introduced Captain William W. Crow, Commanding Officer - Little Creek, who
presented detailed information re the Future Joint Expeditionary Base Little Creek-Fort Story
(JEBLCFS), the primary East Coast Base supporting "Overseas Contingency Operations".
The Briefing topics will encompass: Mission, Joint Basing, JEBLCFS Overview, Major Commands,
Population Overview, Fort Story Uniqueness, JEBLCFS changes, summary and questions
Joint Expeditionary Base Little Creek-Fort Story (JEBLCFS) MISSION
· The Little Creek - Fort Story Family Team will contribute to maximum military readiness by
providing the best installation customer service possible.
"L"OVE our installation, those who depend upon it and allfellow family team members.
· "C"ARE about our installation, those who depend on it and all fellow family team members.
· "F"OCUS on providing the best services and quality of life for our installation, those who
depend on it and all fellow family team members.
"S"TRENGTHEN our services and commitment to our installation, those who depend on it
and all fellow family team members.
· "L "IVE every workday to the fullest extent for our installation, those who depend on it and all
fellow family team members.
"G"IVE the very best that we have to offer to our installation, those who depend on it and
fellow family team members.
What Is Joint Basing?
DoD Authorized: BRAC 2005 - Joint Basing
· JB concept: consolidate installation management functions for adjacent installations
- Save Defense $$: combine similar support functions
Use best business practices - efficient and effective
· Ensure war-fighting capabilities preserved/enhanced
- Not a cookie-cutter approach
· JB does not combine missions:
- Army is Army and Navy is Navy
- JB institutes common output level standards
Official Title: Joint Expeditionary Base Little Creek-Fort Story
OUTCOME: MOST EFFICIENT AND EFFECTIVE JOINT OPERATION POSSIBLE BY
TEARING DOWN SERVICE WALLS!
September 22, 2009
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CITY COUNCIL BRIEFING
LITTLE CREEK and FORT STORY JOINT BASING INITIATIVE
ITEM # 59207 (Continued)
Joint Basing
Overarching Goal
· Soldiers/Sailors 1st" - "Seamless Transition"
Built a Cohesive Team - GREAT CHEMISTRY
· "Trail Blazer" - JEBLCFS has led the way
- Head start - Joint services exist at both locations
MWR
Fort Story MWR capabilities enhanced
Cape Henry Inn
Tourism - Now an Armed Forces Recreation Center
Retain Access to Public Landmarks
- Cape Henry Lighthouses/First Landing Tourist Attraction
The Way Ahead
· 1 Feb 09: Initial Operational Control (IOC) began
- Phased transfer (Activation) of operational responsibility from Army
· 1 Oct 09: Full Operational Control (FOC)
- Final personnel and property management transfers
· Complete access to public sites. No change!
No job loss from Joint Basing implementation
JEBLCFS OVERVIEW
· Major East Coast Base Supporting OCO
- 139 Resident Commands
- 59 Piers, 3,947 Acres, 7.6 Miles Beachfront
- 18 Navy and Auxiliary ships
69 Small Craft (LCACILCUIMPFU/NSWG RHIBS)
- 1,155 Base Housing Units
· Renovation/upgrades ongoing
· 337 units inside fence line
September 22, 2009
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CITY COUNCIL BRIEFING
LITTLE CREEK and FORT STORY JOINT BASING INITIATIVE
ITEM # 59207 (Continued)
Population Overview
NAB FS Total population: 17,211
USN 9,536 190
USA 51 1,320 Estimated Payroll: $850K
USMC 248 50
USCG 145 0 Based on current
Civilian 3,842 290 Regional Economic
Students 224 226 Impact Report and
Others 433 656 JEBLCFS data, the Joint
Total 14,479 2,732 Base will be the largest
military employer in the
I I I City of Virginia Beach.
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Major Commands
Two (2) of Five (5) United States Navy Enterprises at JEBLCFS
Naval Network Warfare Command (3 Star & three 1 Star) (LC)
· Naval Exoeditionarv Combat Command (2 and 1 Star) (LC)
· First Naval Construction Division (2 Star) (LC)
· Board of Inspection and Survey (1 Star) (LC)
Expeditionary Strike Group 2 (2 Star) (LC)
· Army 7th Transportation Group (Joint Logistics Over the Shore (JLOTS) (FS)
Naval Special Warfare Group 2 (4 SEAL Teams) (LC)
· Naval Special Warfare Group 4 (SEAL/SWCC) (LC)
Naval Special Operations Units (FS)
· Navy EOD Training and Evaluation Unit TWO (FS)
Marine Corps Training Advisory Group (FS)
· Expeditionary Warfare Training Group (USMC/USN) (LC)
· Army Coastal Water Purification Training Center (FS)
· School of Music (USN/USA/USMC) (LC)
September 22, 2009
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CITY COUNCIL BRIEFING
LITTLE CREEK and FORT STORY JOINT BASING INITIATIVE
ITEM # 59207 (Continued)
Fort Story Uniqueness
Unique Terrain
. The onlv bare-beach JLOTS site in the Department of Defense moD) inventorv
. 3.6 miles of beach terrain along both the Chesapeake Bay and the Atlantic Ocean
Only East Coast Advanced Explosive Ordnance Disposal Training facility
. Only base that meets ALL Navy Special Warfare training requirements
Based on the most recent economic impact report the Navy has put out for the region, once Fort Story
and Little Creek become the Joint Expeditionary Base (JEBLCFS), they will be the largest military
employer (by population) in the City.
Changes you can expect: New command logo, address change and population growth
JEBLCFS Logo
Commander Crow distributed information depicting the meaning of the Shield and Crest of the Logo.
Said information is hereby made a part of the record.
September 22, 2009
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CITY COUNCIL BRIEFING
LITTLE CREEK and FORT STORY JOINT BASING INITIATIVE
ITEM # 59207 (Continued)
WIN-WIN for JEBLCFS and Citv of VA Beach!
· Previously attempted by Little Creek
Timing not right to facilitate change
- Joint Basing created the perfect opportunity
Name change required formal paperwork submittal
Post Office has already verbally approved request to change address to Virginia Beach
Post Office establishing milestones
· Formal approval letter forthcoming
No impact to Fort Story
No zip code conflicts
· OUTCOME: Joint Base and resident commands identifYing with correct single city: Virginia
Beach
JEBLCFS: on the Grow!
· Future growth
- EOD Group 2 Reorganization (Increase 175)
- Littoral Combat Ship (Increase minimum of 650 personnel)
· Future home port for East Coast Fleet (20 planned)
· Maintenance population support not included
- Expected continued SPECW AR growth
By the numbers
- Little Creek
· Pre 9-11 Population: 9,930
· Jan 2007 Population: 12,336
Jan 2008 Population: 14,413
· Jan 2009 Population: 14,479
JEBLCFS Base Population 1 Oct 09: 17,211
2012 Projected JB Population: 18,000+
· Diverse in nature, JEBLCFS will grow and evolve
· Constant revamping to meet ongoing needs for OCO
Both properties are valued national joint training asset
Joint Logistics Over The Shore movements
Full mission profile special operations training
JOINT BASE MISSION:
JEBLCFS will contribute to maximum military readiness by providing the best installation customer
service possible.
Mayor Sessoms advised The Honorable Paul D. Fraim, Mayor - City of Norfolk, is in support of the
LITTLE CREEK and FORT STORY JOINT BASING INITIATIVE.
September 22,2009
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CITY COUNCIL BRIEFING
DEVELOPMENT AUTHORITY ANNUAL REPORT
2:00 P.M.
ITEM # 59208
Donald Jellig, Chairman - Virginia Beach Development Authority, introduced the Development
Authority Members in attendance: Dan H Brockwell and Shewling Moy Wong. Mr. Jellig presented the
Annual Report. Chairman Jellig advised the Mission Statement.
The City of Virginia Beach Development Authority (VDBA) exists to facilitate the
expansion of the tax base and employment opportunities in the city through increased
business development and redevelopment. The Virginia Beach Development Authority
plays a vital role in making the City Council goal of "Grow the Local Economy" a
reality.
Chairman Jellig cited the 2008/2009 Accomplishments:
More than 1,474 new jobs
$183,750,000 new capital investment
Twenty-four (24) new company locations
Fifty-four (54) company expansions
As a comparison, Charlotte, N.C saw a decrease injobsfrom last year at a rate of25.6%.
The Development Authority has evolved over the past year. Not only have the Commissioners attended
one meeting per month, but their Liaison arrangement has been strengthened. Every member of the
Development Authority is involved in a minimum of two (2) outside assignments to work with the
Economic Development staff, or other city leaders, as projects are pursued.
Financial Accomplishments
Land Sale of Liberty Tax Corporate Headquarters
$170,300 of Rental Income from Virginia Beach National Golf Course
Total Taxes and Rent Collected at Verizon Wireless Virginia Beach Amphitheater $1.5-
MILLION (FY2008/09)
Virginia Beach Amphitheater has provided the City S15-MILLION over the lastfourteen (14) years.
Phase III of The Town Center of Virginia Beach has completed construction and this includes: two
Columbus Buildings, McCormick and Schmick, Studio 56 Condos, Sandler Center, the Westin Hotel and
Luxury Condos, Parking Garage containing 947 spaces, and the pedestrian bridge connecting Dick's
Sporting Goods.
September 22, 2009
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CITY COUNCIL BRIEFING
DEVELOPMENT AUTHORITY ANNUAL REPORT
ITEM # 59208 (Continued)
The Approved Phase IV Development Agreement encompasses:
VBDA approved Public Facility Revenue Bonds totaling approximately $56.6-
MILLION for Phase IV which includes:
Block 2 parking garage
Prejunction space connecting to the Aloft Hotel meeting space
This will leverage private sector investment of $158-MILLION
Economic Development Investment Program
EDIP Funds
$ 1,875,000
Capital Investment
$67,362,725
Jobs Created
786
Additionally, $30,575 of EDIP funding was approved to conduct a study on the development of Historic
Kempsville.
Workforce Development
Business Survey
Job Class Assessment
Connect 16,000
Existing Military with Employment Opportunities
During the past year, VBDAformed a Workforce Development Committee that works closely with the
VBDED staff on Workforce Development activities. The Liaison Committee has been instrumental in
the following areas:
o Creating a business survey to document workforce development challenges
o Conducting an assessment of job classification of exiting military to better place them with
employment opportunities
o Developing initiatives to connect 16,000 exiting military with employment opportunities
An example of Smart Growth and Strategic Planning is the development of a Master Plan for
Northampton/Burton Station:
· Public workshops conducted
· Design principles defined
· Funding approved in 2010 budget
September 22, 2009
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CITY COUNCIL BRIEFING
DEVELOPMENT AUTHORITY ANNUAL REPORT
ITEM # 59208 (Continued)
Ocean a Land Use Conformity Program
Awarded Incentive Grant Totaling: $105,850
Cataldo Builders
Peerless Carpet Care
and Restoration Services
Callahan Management Services
Tidewater Fleet Supply
$22,366
$21,861
$11,622
$50,000
Existing Industry Initiatives and Accomplishments
Met with Top City Businesses
Hosted Small Business Roundtable
with thirty-nine (39) City Business Owners
VBDA Workforce Liaison Committee Focused
on Workforce Needs
Marketing Missions
(Forty-seven) 47 National Trips
(Five) 5 International Trips
Familiarization Tour hosted in Virginia Beach
Launched Powerful Forces At Work represents:
· New Website
· Video Testimonials
· Targeted E-mail Blasts
· Wall Street Journal Campaign
Challenges
· Reduced Funding in Operating Budget
· EDIP Funding
· Machinery and Tools Tax
Land Inventory
· Capital Maintenance of Amphitheater
The Economic Development Investment Program fund continues to be declining revenue along with
the existing reserves earmarkedfor special projects---The annual allocation for EDIP is approximately
$2.1-MILLION. The Phase IV EDIP funding commitment isfor $3.5-MILLION, and in order to meet
that commitment, the Authority is setting aside $J.5-MILLION per year to meet this commitment. In
addition, Laskin Gateway is $J.8-MILLION over 2 years. Therefore, between these projects, the EDIP
is extinguished for the next two years.
September 22, 2009
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CITY COUNCIL BRIEFING
DEVELOPMENT AUTHORITY ANNUAL REPORT
ITEM # 59208 (Continued)
The Verizon Wireless Virginia Beach Amphitheater is in its 14th season and continues to provide a
revenue stream to our City, but now is the time to commence thinking about long term capital
maintenance.
During the past fiscal year, VBDA only received $882,000 to fund the SGA work---As of August 3 t't, the
Authority has an uncommitted EDIP balance of $2.1-MILLION in the current reserves. As the Authority
supports the Mayor's initiative to incentivize the biomedical industry sector to locate in Virginia Beach-
the Authority wants to be more competitive and secure long-term viability. The Authority isfallingfurther
behind in their competitive nature without funds available to offer as incentives. The Authority is e also
exploring ways to modify the policy to become more competitive.
The Authority finds themselves falling further behind in their competitive nature without funds
available to offer as incentives. The A uthority is also exploring ways to modify the policy to become
more competitive.
Concerning the Machinery and Tool Tax, which is an item the Authority wishes to remind City Council
there is a potential for elimination of this tax entirely. This would save our businesses approximately
$1. 7-MILLION per year. This would give a strategic advantage over other localities in the recruitment of
high performance manufacturing businesses. This will position the City in a favorable light in VBDA 's
effort to attract green industries
Chairman Jellig extended appreciation to City Council Liaisons' Vice Mayor Louis Jones and Rosemary
Wilson, for their participation and dedication.
Council Lady Henley requested a Strategic Growth Area planning exercise for the ITA (Interfacility
Traffic Area). This will allow all the stakeholders to be present at the various charrettes. This area is a
great opportunity for economic development as the future Southeastern Parkway will pass through this
area.
September 22, 2009
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C IT Y MANA G E R 'S B R IE FIN G
FY 2009 UNAUDITED FINANCIAL RESULTS
2:30 P.M.
ITEM # 59209
Patricia Phillips, Director of Finance, presented the FY 2009 UNAUDITED FINANCIAL RESULTS.
Ms. Phillips recognized Don Barnett - Comptroller, Miryam Woodson - Principal Accountant, and
Loretta Brown - Executive Assistant. The Annual Financial CAFR will be presented on December 8,
2009 (which will contain the official audited results).
Preliminary Status - Unaudited Results
For Fiscal Year Ended June 30, 2009
Status of Four Major Funds
General Fund
- School Operating Fund
Water and Sewer
Storm Water
80%
FY2009 Year To Date General Fund
Compared to Historic Trend
June 30, 2009
100%
WI
8 60%
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~ 40%
....
o
..
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56.9%
20%
0%
~ _ _ M ~ ~ _ ~ ~ _ ~ ~
...... Historic Trend
-Percent of FY09 Budget
City Council has adopted a policy of maintaining a General Fund Balance of 8-12% of subsequent
year's revenues. Undesignated General Fund Balance at June 30, 2009, is projected at $92.6-
MILLION, or 8.86% of FY 2010 revenues
September 22, 2009
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C IT Y MANA G E R 'S B R IE FIN G
FY 2009 UNAUDITED FINANCIAL RESULTS
ITEM # 59209 (Continued)
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General Fund Statement of Revenues,
Changes in Fund Balance - U nau
For the Fiscal Year Ended June 30, 2009
(UNAUDITED)
Revenues
Expenses - City & School
Excess Revenues Over
(Under) Expenses
Fund Balance - July 1
Fund Balance - June 30
Budaet
$1,088.7
1,138.4
(49.7)
19~.,~.
t14~~~ _
Less: Reservations
Undesignated Fund
Balance
Actual
$1,060.5
1,()~t) .~
(36.4) $
1.92.2..
$ 155.8
63.2
$~92.6
Real Estate Tax Revenue
.June 30, 2005 - 2009
$9.4 Million Over Budget
$600-------------------------------------------------------------------------------------------------------------------------------------------
$479.2 $487.6
$500 ------------------------------ --------------- ------------------------------------ ---$469:"6---s<i74:6----------------------------.
$400
$200
$100
$0
FY 2005
FY 2006
FY 2007
DBudget .Actulll Coltectlon
FY 2008
FY 2009
September 22, 2009
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C IT Y MANA G E R 'S B R IE FIN G
FY 2009 UNAUDITED FINANCIAL RESULTS
ITEM # 59209 (Continued)
General Fund
Local Revenues Under Budget by $27.6-MILLION
(IN MILLIONS)
Variance
Real Estate $ 9.4
Personal Property (12.0)
General Sales (4.6)
Utility Taxes (0.5)
Telecommunications Taxes (2.3)
Business Licenses (2.1)
Hotel Taxes (1.2)
Restaurant Meals (0.4)
Cigarette Taxes (1.4)
Fines and Forfeitures (2.0)
Virginia Aquarium (1.8)
Police False Alarms (1.0)
Permits, Privilege Fees & Regulatory Licenses (1.6)
Interest (2.9)
Other Local Revenue (3.2)
$ (27.6)
September 22, 2009
$100
$80
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$40
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C IT Y MANA G E R 'S B R IE FIN G
FY 2009 UNA UDITED FINANCIAL RESULTS
ITEM # 59209 (Continued)
$100
Personal Property Taxes - Loc
(excludes PPTRA)
June 30, 2005 - 2009
$12 Million Under Budget
$80 ____n________________________________________________________---------------------
$60
$40 ---
$20 ---
$0
I DBudget _Actual Collection
General Sales Ta.,
June 30, 2005 - 200
~~~__~W__"_W__w_n_.w_.w~"w__u. _wn__.__wnw_n____w_.____________n_n._u.__n_____ __n_n____wu_____.._n_n______.__.______________
$4.6 Million Under Budget
..._...un_.._______n______u___________n_______________.un__________________...___________uw_uun___._...______....-----
$0
FY 2005
FY 2006
FY 2007
FY 2008
FY 2009
DBudget .Actual Collection
September 22, 2009
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C I T Y MANA G E R 'S B R I E FIN G
FY 2009 UNAUDITED FINANCIAL RESULTS
ITEM # 59209 (Continued)
Business Licens
June 30,2005 - 200
$2.1 Million Under Budget
$60
$50 .--..-.-------.--------..--------..-----..-..-.------..-------...-----.--.--------..---------.----------.-------..-------...-----....----
$40
$30
$10
$0
FY 2005
FY 2006
FY 2007
FY 2008
FY 2009
aBudget .Actual Collection
Collections: FY09 $41.0-MILLION, FY08 $41.8-MILLION, Down (1.9%
Hotel Room Taxes
June 30,2005 - 2009
$35
$30
$25
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$15
$10
$1.2 Million Under Budget
~~_NNN~~_._____.__W__.__._________._._____n___________________________________.____________________.______________n_________________________
_____._.m_m__._.m__________.________.._._______.__.___________.___._______.__.__________.___________..._____________S2!l.1.--...------.-1
$22.6 $23.0 $23.6 $23.0 .
$21.0 $21.7 j
$19.4 $19.2 $20.0
-------------------------------- ---.------ -.--------- -----
I
$0
FY 2005
FY 2006
FY 2007
FY 2008
FY 2009
m Budget .Actual Collection
'I
"1 II
September 22, 2009
'I "I II
- 16 -
C IT Y MANA G E R 'S B R IE FIN G
FY 2009 UNAUDITED FINANCIAL RESULTS
ITEM # 59209 (Continued)
Restaurant Meal Taxe
June 30, 2005 - 2009
$80
$400,000 Under Budget
$70
$80 ___________n_mn___m_m___mm__mm______m__________m__m_m_______m___m___mn_mn__nm______________
$47.3 $46.7 $49.1 $48.1 $48.7 $48.3
$50__m__________________________________..____________n__________.________m___________n______n__________n_____mm_'_
$40
$30
$20
$10
$0
FY 2005
FY 2006
FY 2007
FY 2008
FY 2009
aBudget .Actull Cotlectlon
Collections: FY09 - $48.3-MILLION, FY08 - $48. I-MILLION, Up (.4%
FY2009 Year To Date General Fund E
Compared to Historic Tren
June 30, 2009
100.0%
100%
i! 80%
a
'6
8-
.ll 60%
j
'0
..
c
~ 40%
Cl.
20%
0%
Jul
Sep
Oct
Nov
Dee
Jan
feb
Apr
May
Jun
Mar
Aug
_Historic Trend
-x-Percent of fY09 Budget
September 22, 2009
- 17 -
C IT Y MANA G E R 'S B R I E FIN G
FY 2009 UNAUDITED FINANCIAL RESULTS
ITEM # 59209 (Continued)
General Fund Expenditures
For Fiscal Year Ended June 30, 2009
(IN MILLIONS)
Budget*
Actual
City Expenses
$
772.4
$
745.7
School (City Funding)
366.1
351.2
Total Expenditures
$ 1,138.4
$
1,096.9
General Fund
Expenditures Less than Budget by $41.5-MILLION
(Includes Encumbrances)
(Unaudited)
>> School Reversion $14.9
>> City 26.7
. Police $ 3.2
. Human Services 3.4
. Public Works 5.2
. Libraries 1.1
. Communications & Info Tech 2.1
. Convention & Visitor Dev 1.0
. Debt Services 1.1
. Other Departments & Transfers 9.6
General Fund
Undesignated Fund Balance
June 30, 2009 (in Millions)
Total Fund Balance June 30,2009
Less Reservations and Designations
Loans
Department Reservations
Operating Budget-2010
City CIP - 2010
School Revenue Sharing
Undesignated Fund Balance
$11.2
4.5
4.8
33.9
8.8
Percent of Budgeted FY 2010 Revenues
$155.8
63.2
$ 92.6
"1 "I
Variance
$
26.7
14.9
$
41.5
8.86%
September 22, 2009
- 18 -
C IT Y MANA G E R 'S B R IE FIN G
FY 2009 UNAUDITED FINANCIAL RESULTS
ITEM # 59209 (Continued)
School Operating Fund - Revenues and Expenses
For the Fiscal Year Ended June 30, 2009
(In millions)
Budget
$ 332.0
2.8
364.5
14.8
$ 714.1
$ 317.1
3.3
361.4
14.1
$ 695.9
Actual
REVENUES
City
Local
From Commonwealth
From Federal Government
Total Revenues
EXPENDITURES AND
ENCUMBRANCES
$
724.2
$ 705.9
, I
Variance
$
(14.9)
0.5
(3.1)
(0.7)
(18.2)
$
$
18.3
*Total Reservation in the General Fund of $8.8-MILLION after reduction for revenue sharing
formula
Water and Sewer Enterprise fund
Revenues, expenses and Changes in Net Assets
For the Years Ended June 30, 2008 and 2007
(In Millions)
2009
Total Revenues
$
100.2
Total Expenses
(95.2)
Increase in Net Assets
$
5.0
575.5
Total Net Assets - July 1
Total Net Assets - June 30
$
580.5
2008
$
108.7
(94.1)
$
14.6
560.9
$
575.5
September 22, 2009
II ,I II
- 19 -
C IT Y MANA G E R 'S B R IE FIN G
FY 2009 UNAUDITED FINANCIAL RESULTS
ITEM # 59209 (Continued)
Storm Water Enterprise Fund
Revenues, Expenses and Changes in Net Assets
For the Years Ended June 30, 2009 and 2008
(In Millions)
2009
2008
Total Revenues
$
23.3
$
22.3
Total Expenses
(13.4)
(14.5)
Increase in Net Assets
$
9.9
$
7.8
Total Net Assets - July 1
218.3
210.5
Total Net Assets - June 30
$
228.2
$
218.3
Summary
~ Actual performance - Close to projections
~ Fund Balance within Policy, but lowest since 2003
~ Fund Balance used for one time needs but also support operations
~ Departments continue to manage their budgets
~ Savings on Debt Service
~ Real Estate and Personal Property - impact on FY 2009
~ Southeastern Public Service Authority (SPSA) impact on FY2009
~ Audited Financial Statements on December 8
~ Begin FY 2010 Interim Briefings on October 27
~ Potential General Obligation (GO) Bonds refundingfor additional savings
Mrs. Philips advised as of June 30, 2009, Southeastern Public Service Authority (SPSA) owned Virginia
Beach $9.2-MILLION The Forbearance Agreement indicated our payment would be delayed or
forbeared for a total of no more than $26.6-MILLION or June 30, whichever comes first. The plan
entails as of July 1, 2010, SPSA would commence payments on a monthly reimbursement and in October
2010, SPSA would not only continue to pay current amounts, but would start repaying the $26.6-
MILLION
September 22, 2009
11'1 II
- 20-
C IT Y MANA G E R 'S B R IE FIN G
FIELD HOUSE EMERGENCY SHELTER
2:46 P.M.
ITEM # 59210
David L. Hansen, Deputy City Manager, provided an Initiative Report re an opportunity to provide an
enhanced hurricane category two shelter at the new Virginia Beach Field House. The Initiative Report
and spreadsheet indicating the identified shelters within the City is hereby made a part of the record.
The Virginia Beach Field House, started with a vision from a partnership, legally known as Virginia
Beach Field House, LLC, who have developed and successfully operated a 75,000 square foot field
house in Fredericksburg, Virginia. Virginia Beach Field House, LLC saw the opportunity to provide that
same type of indoor recreational amenity, but at a much larger scale, for the Hampton Roads area and
targeted Virginia Beach as the location. In October 2006, on a parallel path, the City of Virginia Beach
Department of Parks and Recreation commissioned a market analysis called the Indoor Sports Venue
Feasibility Study to determine if such a facility would be a good fit for the Princess Anne Commons area.
The Virginia Beach Field House is now planned to be in the heart of the Princess Anne Commons -
Athletic Village, on a leaseD area of 12. 7 acres, with a building size of 150,000 square feet and future
expansion potential of another 35,250 square feet. On July 23, staff held a meeting with multiple
department representation and John and Tom Wack from the Chesapeake Sports Group. The Wack
brothers are the owners/partners of VBFH, LLC, and are completing design for the construction of the
Virginia Beach Field House in our Princess Anne Commons Athletic Village adjacent to the Sportsplex.
The purpose of the meeting was to determine the intended occupancy category of the facility the
structural capacity of building to withstand wind loads and the capacity of the skin to resist wind borne
debris impacts.
Virginia Beach Field House, LLC.
John and Tom Wack
Chesapeake Sports Group
150,877 square feet groundfloor
24,074 square feet mezzanine
@3200occupancy capacity
Multi surface indoor sports facility
Six (6) artificial grass soccer/jield hockeyllacrosseljlag football
Eight (8) volleyball/basketball sport court surfaces
Full service Kitchen
Walk in cooler & freezer
Grill and fryers under hood
Pizza ovens
Bathrooms: 10/6 mens; 16 women's; 4 unVhandicap
Doors: Entrance (4xdouble) + 6roll-up + 9 emergency
September 22, 2009
1'1
011
- 21 -
C IT Y MANA G E R 'S B R IE FIN G
FIELD HOUSE EMERGENCY SHELTER
ITEM # 59210 (Continued)
Virginia Beach Shelters for Public Evacuation
>> 13 Primary Shelters
>> 10 Secondary Shelters
>> 22 rated to withstand Hurricane Category I (74-95MPH sustained winds)
>> 1 rated to withstand Hurricane Category 2 (94-110 MPH sustained winds)
>> Category 2 sheltering capability: 600 evacuees
Shelter inventory could benefit by increasing the Category 2 stormfacilities.
Virginia Beach Field House
Current design: 95%
Construction start: November 18, 2009
Opening: Labor Day 2010
STRUCTURE
>> Upper level Category 2 (J 1 0 MPH sustained & 130 MPH 3sec gust)
>> Masonry wall to 10'
>> Metal sandwich panels above
>> Standing Metal seam roof
DOORS & WINDOWS
>> Low level Hurricane Category I (74 - 95MPH sustained)
>> Commercial grade glass in entrance way
>> Acrylic panels in clerestory at the eaves
>> Commercial grade roll up doors.
Upgrade Storm Resistance
What does it take to upgrade the storm resistance and still stay on schedule?
Can the facility be modified to reach the new 2009 ICC 500 building code
requirement of 130MPH sustainedJ160MPH 3-second gust? NO
>> @$1.4-MILLIONadditional
>> Delays project opening by a year
Can the facility be modified to withstand a Hurricane category 2 storm of 11 OMPH
sustainedJ130MPH 3-second gust? YES
>> @$345,000for designing and installing upgraded glass and doors of impact
resistance types to withstand wind borne debris requirements
>> Modifications, if approved, in mid September will keep construction
timeline on schedule for an September 2010 opening
Can additional electrical upgrades be added to the facility to provide for
sheltering requirements to include special care evacuees? YES
>> @$64,000for electrical improvements
>> 36 duplex outlets w/20 amp dedicated circuits
>> Quick disconnect for generator
>> Generator slab
September 22. 2009
III II
- 22 -
CITY MANA GER 'SBRIEFING
FIELD HOUSE EMERGENCY SHELTER
ITEM # 59210 (Continued)
Staff Recommendation
To City Council
~ Approve staff to finalize agreement with the Virginia Beach Field House, LLC. to:
.:. Modify windows and doors to withstand a Hurricane Category 2 storm
.:. Add electrical enhancements
.:. Develop a long term agreement to rent the Field House as an evacuation
shelter during declared emergencies
~ Approve ordinance to establish CIP#3-150.
~ Appropriate $425,000 for facility upgrades
~ Transfer funding from CIP 2-208 Constitution Drive Extended
Item K.4. is scheduledfor the City Council Session Formal Agenda:
Ordinance to ESTABLISH the Virginia Beach Field House Emergency
Shelter at the Princess Anne Commons Athletic Village which can
accommodate an upper level Category Two Hurricane and TRANSFER
$425,000 from Constitution Drive Extended to the Virginia Beach Field
House Emergency Shelter.
The owners of Virginia Beach Field House, LLC have agreed to modify the design and construction of
the Field House in the Princess Anne Commons Athletic Village to accommodate an upper level
Hurricane Category Two. During a declared emergency, this facility could also be prepared to receive
those citizens who may require special care. The additional structural and electrical cost, which will be
borne by the City are estimated at $425.000, and this amount can be transferred from CIP 2-208
Constitution Drive Extended. Sufficient funding will remain in CIP 2-208 and the project schedule will
not be impacted. The $425.000 will be placed in a newly created capital project, CIP-3-150, Virginia
Beach Field House Emergency Shelter.
Councilman DeSteph expressed concern re funding because of short falls addressed in Patricia Phillips,
Director of Finance, FY 2009 Unaudited Financial Results Presentation.
Mr. Hansen advised Council Lady Henley this facility would be planned and organized to have the
capability to provide for special needs individuals.
Councilman Villanueva inquired if the DHLfacility located in the Greater Kempsville, Bayside area and
at Phase I construction had been reviewed as a possible Hurricane Category II facility. Mr. Hansen
advised this facility will be reviewed.
September 22, 2009
II ,I II
- 23 -
CITY MANA GER 'SBRIEFING
FIELD HOUSE EMERGENCY SHELTER
ITEM # 59210 (Continued)
Councilman Diezel hopes the capabilities of the eleven (11) Shelters adjacent to this particular site
would be calculated according to capacity and shut down at least 'half of them. Level 2 Hurricane
construction is far superior to what exists. Once the storm commences, unless the occupants are already
in the Field House Emergency Shelter, in a Level 1 or Level 2, by what method will you get the
individuals to the shelter with the flooding points that surround? As an example, at the
Kempsville/Princess Anne intersection, there are four (4) ways to go to the shelter. A Level 1 storm
reduces this to two (2). Kempsville and Witchduck Roads would be impassable. FEMA now has a
different standard than the State Building Code and because of the liability issues, Councilman Diezel is
still concerned re encouraging and designating shelters.
Mr. Hansen advised Landstown High School is the only other Level II Hurricane Shelter.
Council Lady Henley advised $II2-MILLION would not be of much assistance re a road project.
However, with this Field House Emergency Shelter, the City can better house individuals during the
storms.
Vice Mayor Jones advised the new western Bayside Recreation Center is in the Capital Improvement
Program for next year. Enough funding is provided to assure the Center is also a Category II Storm
Shelter.
Councilman DeSteph suggested a Workshop be scheduled to discuss this Shelter and the possibilities of
Grants specifically associated with reliefi.e. FEMA.
September 22, 2009
1,1 "111
- 24-
CITY COUNCIL COMMENTS
3:25 P.M.
ITEM # 59211
Mayor Sessoms advised Beverly 0. Hooks, Chief Deputy City Clerk, is absent due to a fall in which she
broke her left shoulder. Mayor Sessoms and City Council wished her well.
ITEM # 59212
Council Lady Wilson referenced Admiral Metz 's presentation at the Republican Breakfast on Saturday,
September 19, 2009. There are many concerns relative the City not doing enough re lobbying to maintain
our military assets. Frank Roberts might be a good person to contact.
ITEM # 59213
Councilman DeSteph advised last Saturday the Stihl Lumberjack Challenge was held at Mount
Trashmore. This was a spectacular event attended by approximately 2,000. The most interesting was the
"Jack and Jill" World Championship. He participated on the other side of the saw with a lady champion
and saw the "two inch cookie" developing from a huge log. The Police and Fire Department, Parks and
Recreation were represented. There were positive comments from all attendees.
ITEM # 59214
Council Lady Henley and Council Lady Wilson attended the Sandbridge Civic League, Saturday morning.
There was a very interesting presentation by Lee Rosenberg, City of Norfolk Environmental Norfolk, re a
plant named Beach ViTex. Council Lady Henley had requested Bob Matthias review as to whether the
sale of the product could be banned and included in the General Assembly package. Mr. Rosenberg has
detected several plantings at Sandbridge and it is an extremely damaging and evasive species to beaches.
Much of these plantings are on private property in Sandbridge. It is a very involved process to eradicate
this species. North Carolina has banned the sale of this plant. Council Lady Henley has requested the
City Manager review the locations of this plant on public property in Sandbridge as well as other
beach front locations and commence an eradication process.
Robert Matthias, Assistant City Manager, advised last year the General Assembly established a
Commission on evasive species. The City will coordinate with this Commission to have ViTex identified
as an evasive species. This Commission can suggest regulations to ban the sale in Virginia.
Unfortunately, the Governor basically cut most of the funding from the evasive plant program; however,
regulations can be pursued.
September 22, 2009
Ilil II
- 25 -
CITY COUNCIL COMMENTS
ITEM # 59215
Mayor Sessoms advised he visited Atlantic Shores prior to coming to City Hall today. The "Pin Up Boys"
were recognized. They will participate in the Neptune Festival Park on Saturday. Funds derivedfrom
the "Pin Up Boys" Calendar will be given to the Volunteer Rescue Squad (EMS)
ITEM # 59216
With reference to the Governor's proposed budget cuts, Mayor Sessoms advised $75,000 could be made
available to the City's Constitutional Officers through October, 2009 (Commissioner of Revenue,
Treasurer, Sherriff, Commonwealth's Attorney and the Clerk of Court). This would be an interim
measure.lfthis is not done, nine (9) staffmembersfrom the Clerk of Court might have to be cut
immediately. The City Manager is comfortable with the $75,000.
Councilman Wood did not concur with taking on the responsibility of the Commonwealth. Councilman
DeSteph advised the only one who can close the Courts is the Chief Judge with the involvement of the
Sherriff's office. Councilman DeSteph strongly urged the Mayor meet with the Governor as quickly as
possible.
September 22, 2009
II
'I II
- 26 -
AGE N DA REV IE W S E S S ION
ITEM # 59217
3:39 P.M.
Council Lady Henley referenced:
1. Ordinance to AWARD a Lease to New Cingular Wireless PCS, LLC on a
portion of City property at the site of the Sandbridge Water Tank, 408
Sandbridge Road, re a communications tower and related equipment.
Deputy City Attorney Macali advised he spoke to the President of the Civic League re the Lease and there
did not appear to be any issues of concern. Deputy City Attorney Macali advised the Conditional Use
Permit should be scheduledfor City Council in January.
ITEM # 59218
2.c. Franchise Agreement with Ice Masters, Inc., tla Rink Specialists, re a
pilot program to allow an ice skating rink at the 3rt Street Park
November 9,2009 through February 22,2010
Councilman Uhrin advised this is a one-year pilot program and reminded the City Council that a big
component of the Dome Site development is a permanent "high end" ice skating rink. Councilman
Uhrin requested some verbiage in the lease agreement which makes the vendor aware of this future
possibility.
ITEM # 59219
6. Resolution to REFER to the Planning Commission, for consideration and
recommendation, an Ordinance to AMEND 9211 of the City Zoning Ordinance
(CZO) re political campaign signs,
Council Lady Henley inquired re the possibility of a Resolution of encouragement requesting respect for
sign ordinances and not install political signs until sixty (60) days prior to an election (request voluntary
compliance).
Mayor Sessoms suggested the political campaigners could concur among themselves, they would not
install until 60 days prior (Gentleman's Agreement).
The City Attorney advised the deletion of durationallimits for political campaign signs is the result of a
United States District Court decision which held that such limits on signs posted on private property are
unconstitutional.
ITEM # 59220
7. Resolution re the 2010 Community Legislative Agenda and REQUESTING
support of same by the City's local General Assembly Delegation.
Mayor Sessoms advised the Hampton Roads Realtors requested Proposal 3 and 5 be pulledfrom the
Legislative Agenda. This will allow a committee to be formed to discuss their working together
3. Allow the City to Make Exterior Repairs on Certain Structures Requested
By the Department of Housing and Neighborhood Preservation.
5. Authority to Hold a Property Owner's Agent, Property Manager, or the
Responsible Party, Accountablefor Violations of the Rental Ordinances
September 22, 2009
1,1 ,1111
- 27-
AGE N DA REV IE W S E S S ION
ITEM # 59220 (Continued)
Councilman Davis request shall be discussed and ADDED to the Agenda::
REQUEST that State Legislation provide localities a choice between
providing new employees with a "Defined Benefit Retirement Plan" or
a "Defined Contribution Retirement Plan"
Councilman Diezel requested Item 16a be removedfrom the Legislative Agenda:
16a. Alternate Version: lob-Related Disability Retirement: Alternate Eligibility
Guidelines
Councilman DeSteph requested Item 20 be DEFERRED to have information provided re the effect.
20. Modify the Virginia Telecommunication Sales and Use Tax Act with regard
to the Communications Services Provider Discount
Item 24 shall be removedfrom the Legislative Agenda:
24. Property Tax Abatements for Homes on the Virginia Landmark Register
Council Lady Henley will vote a VERBAL NA Y on item 2.
2. Passing Bicycles
Transportation Funding shall be added
ITEM # 59221
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
K. ORDINANCES/RESOLUTIONS
1. Ordinance to A WARD a Lease to New Cingular Wireless PCS, LLC on a
portion of City property at the site of the Sandbridge Water Tank, 408
Sandbridge Road, re a communications tower and related equipment.
2. Ordinances to A UTHORIZE and DIRECT the City Manager to execute:
a. Lease for five (5) years with Friends of Ferry Plantation House, Inc. at
4136 Cheswick Lane
b. Police Mutual Aid Agreement with the Counties of Accomack,
Gloucester, Isle of Wight, James City, Northampton and York, the Cities
of Chesapeake, Franklin, Hampton, Newport News, Norfolk, Poquoson,
Portsmouth, Suffolk, Virginia Beach and Williamsburg and the Town of
Smithfield.
c. Franchise Agreement with Ice Masters, Inc., tla Rink Specialists, re a
pilot program to allow an ice skating rink at the 3rt Street Park
November 9,2009 through February 22,2010
September 22, 2009
,II II
- 28 -
AGE N DA REV IE W S E S S ION
ITEM # 59221 (Continued)
3. Ordinance to A UTHORIZE a temporary encroachment into a portion of City-
owned right-of way for SAMUEL W. ZIMMER to remove an existing block
paver wall and a portion of an existing brick walk to construct and maintain a six
(6) inch cobblestone curb and modify an existing cobblestone planter at 53-Y2
Street and 5303 Ocean Front Avenue.
DISTRICT 5 - LYNNHA VEN
4. Ordinance to ESTABLISH the Virginia Beach Field House Emergency Shelter
at the Princess Anne Commons Athletic Village which can accommodate an
upper level Category Two Hurricane and TRANSFER $425,000 from
Constitution Drive Extended to the Virginia Beach Field House Emergency
Shelter.
5. Resolution to COMMEMORATE Robert F. "Bob" Hedrickfor his service to his
country, his community and his successful efforts to build Tidewater, "brick by
brick ", into what it is today.
6. Resolution to REFER to the Planning Commission, for consideration and
recommendation, an Ordinance to AMEND $211 of the City Zoning Ordinance
(CZO) re political campaign signs.
7. Resolution re the 2010 Community Legislative Agenda and REQUESTING
support of same by the City's local General Assembly Delegation.
8. Resolution to REQUEST the Secretary of the Navy name a Littoral Combat Ship
after the City of Virginia Beach (USS Virginia Beach) and REQUEST support
of same by the City's local Congressional Delegation. (REQUESTED BY VICE
MAYOR SESSOMS/COUNCIL LADY WILSON)
9. Resolution to AUTHORIZE the City Manager to execute all necessary
agreementsfor an allocation of$1, 000, 000 through the VDOT Revenue Sharing
Program to Nimmo Parkway - Phase V-A.
10. Resolution to A UTHORIZE and DIRECT the City Manager to execute an
Agreement with Hampton Roads Sanitation District (HRSD) for the relocation of
the Witch duck-Kempsville Road force main.
K,3. (SAMUEL W. ZIMMER Encroachment) shall be DEFERRED, BY CONSENT, until the City
Council Session of October 13, 2009)
K.7. (2010 Community Legislative Agenda) will be discussed during the Formal Session.
September 22, 2009
'I 'I
- 29-
AGE N DA REV IE W S E S S ION
ITEM # 59222
BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA:
1. Variance to 94.4(b) of the Subdivision Ordinance that requires all newly created
lots meet the requirements of the City Zoning Ordinance (CZO)for COASTAL
LIVING BUILDERS, L.L.C./WILLIAM T. KILEY & HELEN R. PAXTON to
resubdivide the four (4) lots into two parcels for the development of two single-
family dwellings at 800 Greensboro Avenue.
DISTRICT 6 - BEACH DISTRICT
2. Application of LOLA L. MORRISfor Modification of Conditions (previously
approved by City Council on June 8, 1987) to allow additional low-intensity
businesses at 3725 West Stratford Road
DISTRICT 4 - BAYS1DE DISTRICT
3. Application of NEW CINGULAR WIRELESS PCS, LLC (T/ A AT&T) for a
Conditional Use Permit re a communication tower at 6009 Blackwater Road.
DISTRICT 7 - PRINCESS ANNE
4. Application of VIRGINIA BEACH SCHOOL BOARD for a Conditional Use
Permit re wind energy conversion system (freestanding) at 1677 Harpers Road
DISTRICT 6 - BEACH DISTRICT
5. Application of ROBERT ARNOLD for a Conditional Use Permit re alternative
residential development at Blackwater Road and Shirley Landing Drive.
DISTRICT 7 - PRINCESS ANNE DISTRICT
6. Application afWILLIAM E. and MONA D. GRAINGERfor a Conditional Use
Permit re a bulk storage yard at 2432 Bowland Parkway.
DISTRICT 6 - BEACH DISTRICT
Item L.l. (COASTAL LIVING BUILDERS, L.L.C/WILLIAM T. KILEY and HELEN R. PAXTON
Variance) shall be DEFERRED until the City Council Session of October 27,2009, BY CONSENT.
Item L.5. (ROBERT ARNOLD CONDITIONAL USE PERMIT) shall be ADOPTED, BY CONSENT,
WITH REVISED CONDITION NO.4. "..minimum of J() 18.54 acres of proposed parcel 1 containing
the western-most portion of the site. "
September 22, 2009
II 1111
- 30 -
ITEM # 59223
Mayor William D. Sessoms, Jr. entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.2-3711 (A), Code of Virginia, as amended, for the following purpose:
PERSONNEL MA TTERS: Discussion, consideration of, or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specific public officers, appointees or employees pursuant to Section
2.2-3711 (A)(1)
Council Appointments: Boards, Commissions, Committees,
Authorities, Agencies and Appointees
Evaluation of Council Appointees
PUBLICLY-HELD PROPERTY: Discussion or consideration of the,
acquisition, or of the disposition of publicly-held property, where
discussion in an open meeting would adversely affect the bargaining
position or negotiating strategy of the public body pursuant to Section
2.2-3711 (A)(3).
Acquisition/Disposition of City Property: Princess Anne District
Princess Anne District
Princess Anne District
Upon motion by Councilman Wood, seconded by Councilman Villanueva, City Council voted to proceed
into CLOSED SESSION at 4:03 P.M.
September 22, 2009
"I II II
- 31 -
ITEM # 59223 (Continued)
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert
M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor
William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
(Closed Session: 4:03 P.M. - 4:30 P.M.)
(Dinner:
4:30 P.M. - 5:20 P.M.)
September 22, 2009
II
1'1
- 32 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
September 22, 2009
6:00 P.M.
Mayor William D. Sessoms, Jr. called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, September 22, 2009, at 6:00 P.M
Council Members Present:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel,
Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones
Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
INVOCA TION: Reverend Chris Bowen
St. Michaels Lutheran Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297
Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's
transactions. However, due to the size of TowneBank and the volume of transactions it handles,
TowneBank has an interest in numerous matters in which he is not personally involved and of which he
does not have personal knowledge. In that regard, he is always concerned about the appearance of
impropriety that might arise if he unknowingly participates in a matter before City Council in which
TowneBank has an interest. Mayor Sessoms a/so has similar concerns with respect to Prudential Towne
Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and
spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is his practice to
thoroughly review each City Council agenda to identify any matters in which he might have an actual or
potential conflict. If, during his review of an agenda, he identifies a matter in which he has a "personal
interest ", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter
with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of
March 24,2009, is hereby made a part of the record
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 1 0, 2007, is hereby made a part of the
record
September 22, 2009
'I
"I
- 33 -
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
Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential
Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the
volume of transactions it handles in any given year, Prudential has an interest in numerous matters in
which she is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of identifYing any matters in which she might have an actual or potential conflict. If during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record
September 22, 2009
II 'I
- 34 -
Item V-E.
CERTIFICATION
ITEM # 59224
Upon motion by Councilman Dyer, seconded by Councilman DeSteph, 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: II-a
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
September 22, 2009
II "I I
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 #59223, Page 30, 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.
NOff, 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.
~
City Clerk
September 22, 2009
'I "I
- 35 -
Item V-F.I
ITEM # 59225
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, Council APPROVED the
MINUTES of the FORMAL SESSION of September 8, 2009
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph. Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
September 22, 2009
II 1'1
- 36 -
Item V-G.1.
ADOPTAGENDA
FOR FORMAL SESSION
ITEM # 59226
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
Upon motion by Councilman Diezel, seconded by Councilman DeSteph, City Council ADDED to the
Consent Agenda and the 2010 Legislative Agenda:
REQUEST that State Legislation provide localities a choice between
providing new employees with a "Defined Benefit Retirement Plan" or
a "Defined Contribution Retirement Plan ".
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
September 22, 2009
'I 'I
STATE LEGISLATION THAT WOULD ENABLE
LOCALITIES TO HAVE A CHOICE BETWEEN PROVIDING
NEW EMPLOYEES WITH A DEFINED BENEFIT
RETIREMENT PLAN OR A DEFINED CONTRIBUTION
RETIREMENT PLAN
Background Information:
The City of Virginia Beach's employees participate in the defined benefit retirement plan
that is offered by Virginia Retirement System ("VRS"). This defined benefit retirement
plan is based on a formula that includes age at retirement, average final compensation,
and years of service to calculate a retiree's benefit, but the benefit is not based upon
accumulated contributions and gains or losses in each member's account;
At least once every two years VRS actuarially computes the annual required rates of
contributions for the City of Virginia Beach, as a separately rated employer, based upon
an actuarial valuation of the retirement allowances and other defined benefits payable
on behalf of active Virginia Beach employees in VRS. The valuation includes actual
service and disability retirements, assumptions on life spans, disability rates, and
turnover of the workforce. The City of Virginia Beach contributes both the employee
portion (5%) as well as the employer portion of the contributions. Current combined
rates for the employer and employee portion of VRS rates totals 16.48% of total
covered payroll, and is paid entirely by the City of Virginia Beach. This rate has
increased substantially since Virginia Beach joined VRS in 1963, when the total rate
was 10%. In addition, this rate is expected to increase further to compensate for market
losses incurred by VRS.
Currently, an employee becomes vested in his or her VRS defined benefit
account after five years of service. When a vested employee leaves City of Virginia
Beach employment prior to retirement, the employee has two options: (1) maintain the
VRS account to be accessed at retirement based on VRS formulas; or (2) seek a refund
of the 5% employee contributions;
In a defined contribution plan:
· individual employee accounts would be maintained, and in creating the plan a
cap on the contributions either by individual employees or by aggregate cost can
be imposed, thereby eliminating uncertainty about the City of Virginia Beach's
future benefits obligation and reducing the uncertainty associated with the
fluctuation in employer contributions under the current VRS defined benefit plan;
· the benefit would be based upon the contributions, plus or minus any gains or
losses in each employee's individual account. Accordingly, the amount of the
City's employer contribution would not change due to losses or gains in the
employee accounts;
'I 'I
. a defined contribution plan could provide employees with substantially more
control over their investment options;
. employees can be immediately vested in the assets contained in their individual
accounts;
· the assets have greater portability and allow increased options for employees
who may leave City employment prior to retirement, including the potential
capability of rolling over funds into a 401 (k), 401 (a), government 457, or IRA.
Request:
The City of Virginia Beach urges the General Assembly to amend the
Code of Virginia to enable localities to have a choice between providing new employees
with the current defined benefit retirement plan or a new defined contribution retirement
plan to be administered by VRS; and that the new defined contribution retirement plan
should be fully portable. Other localities have begun offering this to their employees,
and Virginia localities should be able to offer similar benefits. In addition, the financial
issues faced by VRS are burdensome.
11'1 I
- 37 -
Item V-G.2.
MAYOR'S RECOGNITION
ITEM 59227
Mayor Sessoms RECOGNIZED the following Boy Scout in attendance to earn their merit badges:
Scout Troop
Pack 504
Chowanoc District, Tidewater Council
Richard Rancor
Troop Leader
Ben Rancour
Jacob Larion
Nicholas Albro
Aaron Gaw/ick
Andrew Bousseau
Mayor Sessoms presented the Scouts with a City Seal Pin.
September 22, 2009
I II
II ,II
- 38 -
Item V-HI.
PRESENTATION
ITEM 59228
Rear Admiral Phil Olsen, USN, Retired Vice-Chairman - Military Economic Development Advisory
Committee (MEDAC), presented information re the Committee which is composed of senior retired
military officers, senior enlisted, senior executive service as well as one (1) Ph.d.
MEDAC COMMITTEE MEMBERS
Rear Admiral Richard Dunleavy - Chairman
Rear Admiral Phillip R. Olson - Vice Chairman
Council Member John E. Uhrin - Council Liaison
VADM Ed Clexton Roger Whiteway, Ph. D
VADM Joseph S. Donnell Adalberto M. Diaz
RADM William J. Ecker Donald Jellig
RADM Mark Gemmill Jerry Miller
RADM Fenton Priest Paul Pierce
RADM Fred Ruehe Robert Rieve
Joseph Gianascoli Daniel R. Walters
Luke Hillier
MEDAC meets monthly, 3-4:30 P.M., in the Economic Development Conference Room
Commands Visited! Briefed in 2009
. January: MIDLANT Headquarters - Fred Crecelius - Senior Executive Service (SES)
· February: NEXCOM - RADM Bianchi
March: Fleet Forces - VADM Daly
April: Fleet Forces -Mark Honecker - Senior Executive Service (SES)
· June: NEXCOM - RADM Bianchi
. July: MIDLANT Headquarters and NETWARCOM - RADM Boensel and VADM Starling
· August: NAB Little Creek - Captain Crow
Achievements to Date
.:. Website (www.vbmilcomcom) - online
.:. USN awareness - City briefs to Virginia Beach and area Commands (previous page)
.:. Burton Station availability briefings
.:. Attendance/City representations at Department of Defense related conferences and
meetings (e.g. Joint Warfighting Conference)
.:. Partnered with Regent University to conduct an assessment survey of the exiting
military from the Navy
.:. Input to Hampton Roads Military and Federal Facilities Alliance (HRMFFA)
.:. Engaged with Tidewater Government Industry Council and the Tidewater Association
of Service Contractors (TGIC & TASC) to identify major issues of interest within the
local defense contracting community
.:. Hosted networking event during May 2009 Joint Warfighting Conference at Virginia
Beach Conference Center
.:. Partnered with Virginia Beach Department of Economic Development in supporting
Atlantic Dive Supply (ADS) Warrior's Expo, private defense industry trade event held
at the Virginia Beach Westin
September 22, 2009
IIII1
- 39 -
Item V-HI.
PRESENTATION
ITEM 59228 (Continued)
Future Initiatives
. Expand the Website with Economic Development Marketing and Workforce Initiatives
Transition Website to a regional entity
. Market Burton Station as military "Warfare Center of Excellence" location
· Assist staff with Little Creek Joint Initiative planning:
.:. LiUoral Combat Ship (LCS) arrival and logistics considerations
.:. Impact of Fort Story annexation
.:. Future of NETW ARCOM
.:. Impact/future needs of Expeditionary Command
.:. Impact/future needs of Riverine Force (home ported at Little Creek)
.:. Reconciliation of LiUle Creek Master Plan with Burton Station Strategic Growth
Analysis plan
· Receive assessment survey from Regent University
Develop follow up military workforce development strategy based on results of Regent
University study
. Engage Tidewater Government Industry Council and the Tidewater Association of Service
Contractors (TGIC, T ASC), local commands and private defense industry on issues of concern
such as in-sourcing of contract personnel
· Other
.:. Monitor/assist Hampton Roads Military Facilities Alliance (HRMFFA) with Mayport
CVN issues and Outlying Landing Field (OLF)
.:. Support/advise Department of Economic Development with defense contracting
initiatives
.:. Support City initiative with the Secretary of the Navy to name future LiUoral Combat
Ship (LCS) "USS Virginia Beach"
.:. Explore possible expansion of Coast Guard presence in Virginia Beach
September 22, 2009
111111
- 40-
Item V-H2.
PRESENTATION
ITEM 59228 (Continued)
Rear Admiral Phil Olsen, USN, Retired. presented information re the Littoral Combat Ship
~ LCS are intended for operations in littoral
zones (close to shore)
-....
The Navy is purchasing a group of new futuristic sea platforms called the Littoral Combat Ship (LCS)
~ There are two designs
~ First LCS was delivered in December 2006
~ Comparable in size to today's frigates
o However, the LCS is so technology advanced, it will require less than 'half the crew of a
frigate to carry out missions
~ LCS is built around modules of capability/technology
~ Although it has a core crew of approximately thirty (30) personnel, ifmission requires the use
of helicopters, an aviation crew of twenty (20) individuals is added
~ Also module crew size may vary; usually fifteen (15) sailors for each module
September 22, 2009
1,1
II II
- 41 -
Item V-H2.
PRESENTATION
ITEM 59228 (Continued)
LOCKHweD ""."T"'-.-+
Platform is for a 377 ft long traditional mono hull that is
42 ft wide at the waterline and has a draft of 13ft
General Dynamics design features a revolutionary trimaran hull that is 417 feet long and 103.7 feet
wide at the waterline and has a draft of 15 feet
~ The modules can carry out specialized missions
o Mine Warfare
o Anti Submarine Warfare (ASJJ)
o Special Forces Support
o Intelligence Gathering
~ Total number of LCS to be purchased is approximately 55, with an expected 60-40 split
between the West Coast and the East Coast
~ Naval Amphibious Base Little Creek is a likely homeportfor a number of these vessels
~ MEDAC is working with Commanding Officer, Little Creek, to understandfuture
requirementsfor LCS homeported in Virginia Beach
September 22, 2009
11'1
- 42-
Item V-H2.
PRESENTATION
ITEM 59228 (Continued)
Ships Names So Far
~ LCS (1) Freedom
~ LCS (2) Independence
~ LCS (3) Fort Worth
~ LCS (4) Coronado
~ LCS (5) Has Not Been Named Yet
The City Council Resolution tonight, September 22, 2009, will encourage the Secretary of Navy to
name future LCS, "USS Virginia Beach"
September 22, 2009
- 43 -
Item V-I.l.
PUBLIC HEARING
ITEM 59229
Mayor Sessoms DECLARED A PUBLIC HEARING:
LEASE OF CITY OWNED PROPERTY
408 Sandbridge Road - Sandbridge Water Tank
There being no speakers, Mayor Sessoms CLOSED the PUBLIC HEARING.
II II
September 22, 2009
II 1'111
- 44-
Item V-K.
ORDINANCES/RESOLUTIONS
ITEM # 59230
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED in ONE
MOTION Items 1, 2a/b/e, 3,4,5,6,7 (AS REVISED), 8, 9 and 10 of the CONSENT AGENDA.
Item 3 shall be DEFERRED, BY CONSENT, until the City Council Session of October 13, 2009.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
September 22, 2009
II "I
- 45 -
Item V-K.l.
ORDINANCES/RESOLUTIONS
ITEM # 59231
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED:
Ordinance to A WARD a Lease to New Cingular Wireless PCS, LLC on
a portion of City property at the site of the Sandbridge Water Tank, 408
Sandbridge Road. re a communications tower and related equipment.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
September 22, 2009
II 1,1
1 AN ORDINANCE TO AWARD A LEASE OF A PORTION OF
2 THE CITY PROPERTY LOCATED AT 408 SANDBRIDGE
3 ROAD (SANDBRIDGE WATER TANK SITE), FOR THE
4 PURPOSE OF CONSTRUCTING, MAINTAINING AND
5 OPERATING WIRELESS TELECOMMUNICATIONS
6 FACILITIES
7
8 WHEREAS, the Clerk has laid before the City Council an ordinance adopted June
9 23, 2008 providing for bids for a lease of a portion of the City property located at 408
10 Sandbridge Road for the purpose of constructing, maintaining and operating wireless
11 telecommunications facilities, together with a certificate of due publication of the same
12 once per week for two successive weeks in a newspaper of general circulation in the City,
13 in the manner prescribed by law; and
14
15 WHEREAS, New Cingular Wireless PCS, LLC has submitted the highest bid for the
16 award of such lease, which bid was delivered to the Mayor in open session on the day and
17 hour named in the advertisement and was read aloud; and
18
19 WHEREAS, the Mayor then and there inquired for any further bids, and none were
20 submitted; and
21
22 WHEREAS, in the opinion of the City Council, it is expedient and in the best
23 interests of the City that the said lease should be granted to New Cingular Wireless PCS,
24 LLC.
25
26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
27 VIRGINIA BEACH, VIRGINIA:
28
29 1. That the bid of New Cingular Wireless PCS, LLC be, and hereby is, accepted,
30 and that the aforesaid lease be, and hereby is, awarded to New Cingular Wireless PCS,
31 LLC upon the conditions set forth in such lease.
32
33 2. That the name of New Cingular Wireless PCS, LLC shall be inserted
34 in the aforesaid lease, and that the City Manager shall execute, on behalf of the City, the
35 aforesaid lease entitled "Communication Tower Lease Agreement (Sandbridge Water Tank
36 Site), City of Virginia Beach, Lessor and New CingularWireless PCS, LLC," a summary of
37 the material terms of which is hereto attached and a copy of which is on file in the Office of
38 the City Attorney.
39
40 3. That all future rents received pursuant to the aforesaid lease shall be
41 dedicated to the Water and Sewer Utility Fund (241).
42
43
44 Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd day of
45 Sept!?mber, 2009.
APPROVED AS TO CONTENT:
:j m '4-
APPROVED AS TO CONTENT:
H
CA11237
R-3
September 8,2009
]]r-
"I
APPROVED AS TO LEGAL
SUOJ~)filObj
City Attorney's Office
2
II III
Sand bridge Water Tank Site Communications Tower Lease
Summary of Material Terms
Parties: City of Virginia Beach and New Cingular Wireless, PCS, LLC
Leased Area: 3,760 sq.' +/- portion of Sand bridge Water Tank Site, 408 Sand bridge
Road (Princess Anne District). Tower height to be 174' max., incl.
osprey perch and platform.
Term: Initial10-year term; lessee has right to renew for three 5-year terms
Rent: Base rent of $13,200/yr; additional rent of $5,400/yr (base rent and
additional rent subject to annual 3% increases)
Contingency: Lease is contingent on granting of conditional use permit and other
governmental approvals;
Other: Conditions of conditional use permit are incorporated by reference into
the lease; lessee also must comply with applicable provisions of City
Zoning Ordinance, other ordinances and state or federal laws.
Lessee required to comply with security plan {site is fenced off from
Public Utilities operations on site
Lessee required to replace existing osprey nest and to comply with all
federal, state and local laws, regulations, etc, applicable to ospreys.
II III
- 46-
Item V-K.2a/hle.
ORDINANCES/RESOLUTIONS
ITEM # 59232
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED:
Ordinance to AUTHORIZE a Lease for five (5) years with Friends of
Ferry Plantation House, Inc. at 4136 Cheswick Lane
Ordinance to AUTHORIZE a Police Mutual Aid Agreement with the
Counties of Accomack, Gloucester, Isle of Wight, James City,
Northampton and York, the Cities of Chesapeake, Franklin, Hampton,
Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach
and Williamsburg and the Town of Smithfield.
Ordinance to AUTHORIZE re a Franchise Agreement with Ice
Masters, Inc., t/a Rink Specialists, re a pilot program to allow an ice
skating rink at the 3rt Street Park November 9,2009 through February
22,2010 *
*A big component of the Dome Site development is a permanent "high end" ice skating rink.
Councilman Uhrin requested some verbiage in the lease agreement which makes the vendor aware.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
September 22, 2009
'I "I II
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO EXECUTE A LEASE FOR FIVE
3 YEARS WITH FRIENDS OF FERRY PLANTATION
4 HOUSE, INC. FOR 4,488 SQUARE FEET OF CITY-
5 OWNED PROPERTY LOCATED AT . 4136
6 CHESWICK LANE IN THE CITY OF VIRGINIA
7 BEACH
8
9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that
10 certain 4,488 square foot parcel located at 4136 Cheswick Lane in the City of
11 Virginia Beach (the "Property");
12
13 WHEREAS, Friends of Ferry Plantation House, Inc., a Virginia
14 corporation., ("FFPH") desires to lease the Property, including the historic Ferry
15 Plantation House on the Property (collectively, the "Premises"). FFPH has
16 agreed to lease the Premises from the City for five years with a lease payment of
17 One Dollar ($1.00) per year;
18
19 WHEREAS, Under prior agreements with the City, FFPH has been
20 restoring and operating the Premises since 1997; and
21
22 WHEREAS, FFPH and the City have agreed on terms of a lease where
23 FFPH will lease the Premises for use as a museum for the benefit of the general
24 public.
25
26 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
27 OF VIRGINIA BEACH, VIRGINIA:
28
29 That the City Manager is hereby authorized to execute a lease for the term
30 of five years between Friends of Ferry Plantation House, Inc. and the City of
31 Virginia Beach, for the 4136 Cheswick Lane, in accordance with the Summary of
32 Terms attached hereto and made a part hereof, and such other terms, conditions
33 or modifications deemed necessary and sufficient by the City Manager and in a
34 form deemed satisfactory by the City Attorney.
35
36 Adopted by the Council of the City of Virginia Beach, Virginia on the 22nd
37 day of septembQ~009.
II II
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
APPROVED AS TO CONTENT
rAAk.~ ~
Ci i Attorney
~$;L'
Manage ent servj~ -
Facilities Management
CA11017
Ilvbgov.comldfs 1 lapplicationslcitylawprodlcycom321 WpdocslDO 11 IP0051000 12241.DOC
R-1
September 1, 2009
2
"I
SUMMARY OF TERMS
LEASE FOR THE USE OF 4,488 SQUARE FEET OF
CITY~OWNED REAL PROPERTY
LESSOR:
City of Virginia Beach
LESSEE:
Friends of Ferry Plantation House, Inc.
PREMISES: Approximately 4,488 square feet of City-owned property, including the
historic Ferry Plantation House, located at 4136 Cheswick Lane in the
City of Virginia Beach
TERM:
July 1,2009 through June 30, 2014.
RENEWAL: None without further Council action.
TERMINATION: City may terminate at any time on sixty (60) days' written notice to
Lessee.
RENT:
Rent shall be one dollar ($1.00) per year.
RIGHTS AND RESPONSIBILITIES OF
FERRY PLANT A TION HOUSE, INC.:
· Operate the Ferry Plantation House as a historic house museum, open to the
general public at least 120 days and a total of 1000 hours per year. Will also
operate ancillary functions to the museum, including a gift shop.
· No repairs, alterations or renovations without the prior approval of the City's
Historic Resources Coordinator, Building Maintenance Administrator, and when
required by City Ordinance, the Historical Review Board.
· Will maintain commercial general liability insurance coverage with policy limits
of not less than one million dollars ($1,000,000) combined single limits per
occurrence, issued by an insurance company licensed to conduct the business of
insurance in Virginia. Such insurance shall name the City of Virginia Beach as an
additional insured. Lessee shall provide a certificate evidencing the existence of
such insurance.
· Will assume the entire responsibility and liability for any and all damages to
persons or property caused by any act or omission of the Lessee or its agents, etc.
associated with the use of the Premises.
II III
RIGHTS AND RESPONSIBILITIES OF
THE CITY:
.
. Subject to appropriation by City Council, the City shall be responsible for: (i)
design and management of major maintenance projects; (ii) provide for payment
of all utilities and fees pertaining to electricity, heating, fuel, water, sewer and
solid waste collection; (Hi) maintaining the grounds.
V:\applications\citylawprod\cycom32\ Wpdocs\D0271P0021OOO36112.DOC
II
,'I II
LEASE AGREEMENT
THIS LEASE AGREEMENT ("Lease") is made as of the _ day of
, 2009, by and between the CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia, ("Lessor") and the FRIENDS OF
FERRY PLANT A TION HOUSE. INC., a Virginia corporation ("Lessee").
WITNESSETH:
That for and in consideration of the terms, conditions, covenants, promises and
agreements made, Lessor hereby leases and demises unto Lessee, and Lessee hereby
accepts and leases from Lessor the following described property, (the "Leased Premises")
located at 4136 Cheswick Lane, Virginia Beach, Virginia (GPIN 1478-92-7014), and
more particularly described as follows:
ALL THAT certain lot, piece or parcel of land, with the
buildings and improvements thereon, situate, lying and
being in the City of Virginia Beach, Virginia, being known,
numbered and designated as Parcel B, as shown on that
certain plat entitled, "SUBDIVISION OF OLD
DONATION FARM, BA YSIDE BOROUGH, VIRGINIA
BEACH, VIRGINIA", which said plat is duly recorded in
the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia in Deed Book 2763, Page 195
thru 197.
1. Term of Lease. The term of this Lease shall be for a period of five (5)
years, commencing on July 1,2009 and ending at midnight on June 30, 2014.
2. Rent. The total rent for the term hereof shall be one dollar ($1.00) per
annum, which the Lessee shall pay to the Lessor, in advance, at such address as may be
designated by the Lessor or if none specified, to the address provided for delivering
notices in Paragraph 4 of this Agreement.
II ,I II
3. Use. The Lessee shall use and occupy the Leased Premises as a historic
house museum and for purposes which complement the operation of a museum, including
without limitation historical exhibits and related special events, receptions and meetings,
operation of a gift shop, and exhibiting furnishings and other items which are intended to
preserve the historic nature of a mid-nineteenth-century historic house museum.
The building located on the Leased Premises ("Building") must remain open to
the general public for at least 120 days and a total of at least 1,000 hours per year.
The Lessee shall not use nor permit the Leased Premises to be used for any
purpose other than as stated in this section of the Lease without the Lessor's prior written
consent.
4. Notice. Any notice required or permitted to be given under this Lease
shall be deemed to have been given or served when made in writing and (i) delivered in
person as evidenced by a written receipt or (ii) mailed by certified mail or registered mail,
return receipt requested, to the party who is to receive such notice at the address given
below. When so mailed, the notice shall be deemed to have been given as of the date it
was received, or in the event the intended recipient refuses delivery or fails or neglects to
accept delivery, notice shall be deemed to be accepted on the date delivery was first
attempted or notice of attempted delivery was first serviced by United States Postal
Services. The addresses for notices are as follows:
(A) To the Lessor:
Department of Museums
City of Virginia Beach
717 General Booth Blvd.
Virginia Beach, Virginia 23451
2
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II I
With copy to:
Facilities Management Office
City of Virginia Beach
2424 Courthouse Dr. Bldg 18, Room 228
Virginia Beach, VA 23456
(B) To the Lessee:
Friends of the Ferry Plantation House, Inc.
4136 Cheswick Lane
Virginia Beach, Virginia 23455
5. Name. The official name of the Lessee's operation shall be approved by
the Lessor, which approval shall not be unreasonably withheld.
6. Sign. The Lessee shall erect a sign, which shall give recognition to the
Lessor as a principal in the ownership and establishment of the Leased Premises. Such
sign shall be constructed and maintained in accordance with applicable state and local
building codes and ordinances.
7. Insurance Obligations. Lessee shall during the term of this Lease secure
and maintain in full force and effect Workers' Compensation Insurance as required under
Virginia code Title 65.2 and Commercial General Liability Insurance in an amount of not
less than $1,000,000 combined single limits (CSL). The Commercial General Liability
Insurance shall name Lessor as an additional insured. Lessee shall, upon request, furnish
to Lessor certificates of all insurances required under this Paragraph. All policies of
insurance required herein shall be written by insurance companies licensed to conduct the
business of insurance in Virginia and acceptable to the City, and shall carry the provision
that the insurance will not be canceled or materially modified without thirty days (30)
prior written notices to the City.
3
II II
8. Termination. The Lessor or the Lessee may terminate this Lease with
sixty (60) days advance notice, for any reason it considers appropriate, with no further
obligation.
9. Default(s). In the event of any failure of Lessee to timely and fully
comply with any provision or condition of this Lease, Lessee shall be in default. If such
default shall continue for more than forty-five (45) days after written notice thereof shall
have been mailed to Lessee, Lessor shall have all rights and remedies available at law
including, but not limited to, termination of the Lease as of the date of such notice.
10. Hold Harmless/Indemnification. It is understood and agreed that Lessee
hereby assumes the entire responsibility and liability for any and all damages to persons
or property caused by or resulting from or arising out of any act or omission on the part
of Lessee, its subcontractors, agents or employees under or in connection with this Lease
or the performance or failure to perform any work required by this Lease. Lessee agrees
to indemnify and hold harmless the Lessor and its agents, volunteers, servants, employees
and officials from and against any and all claims, losses, or expenses, including
reasonable attorney's fees and litigation expenses suffered by any indemnified party or
entity as the result of claims or suits due to, arising out of or in connection with (a) any
and all such damages, real or alleged, (b) the violation of any law applicable to this
Lease, and (c) the performance of the work by Lessee or those for whom Lessee is legally
liable. Upon written demand by the Lessor, Lessee shall assume and defend at Lessee's
sole expense any and all such suits or defense of claims made against the Lessor, its
agents, volunteers, servants, employees or officials.
4
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11. City/Museum Services and Maintenance.
(A) Subject to appropriation by City Council, Lessor shall, at Lessor's
cost: (i) design and manage major maintenance projects as needed and as funding in the
Heritage Buildings CIP will allow; (ii) provide payment for all utility costs and fees as
pertain to electricity, heating, fuel, water, sewer and solid waste collection; (iii) approve
in advance the acquisition or installation or any equipment it is expected to maintain; (iv)
and, maintain the grounds via a 10-day cycle contract for mowing and trimming.
(B) The Lessee shall be allowed to perform repairs, renovations and
restorations upon the premises, provided that before the undertaking of any repairs, the
work follows an established restoration plan developed by a historical architect approved
by the City, has been approved by the City's Historic Resources Coordinator, Building
Maintenance Administrator and, when required by City Ordinance, the Historical Review
Board. Criteria for approval shall include ensuring that the planned repairs, etc., meets
the Secretary of Interior's Standards for Rehabilitation as listed in Attachment A. No
changes or additions to the structure of the Building or its mechanical systems may be
made without the approval of the Lessor as noted above. Application to perform repairs
or make changes shall be made in writing via certified or registered mail to the office
noted in Section 4 above. Lessee shall maintain the premises in a neat and orderly
condition. Upon the termination of this Lease, the Lessee shall deliver the Building to
the Lessor in "broom clean" condition, excepting ordinary wear and tear or loss or
damages caused by fire or other casualty. The Lessee shall pay for telecommunications
fees and services and other utilities not listed in subsection (A)(ii) of this section, and
5
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111 II
shall develop written security procedures to reasonably protect the Building, against
damage, such procedures subject to approval by the Lessor.
(C) When Lessee requests approval for a repaIr, renovation or
restoration, or approval of a change or addition to the structural or mechanical systems as
required by Paragraph II(B), Lessor shall consider and, if appropriate, grant such
approvals in a reasonable period of time. Lessor's decision to grant or a deny an
approval shall not be unreasonably delayed or withheld. In the event the Lessee requests
an approval deemed necessary to cure a safety hazard or prevent a reasonably foreseeable
safety hazard, Lessor shall consider such request for approval in an expedited manner.
12. Access. Lessor or Lessor's agents, employees and designees shall have
the right to enter the Leased Premises, upon reasonable prior notice, to examine and
inspect the Leased Premises and to determine compliance with the terms of this Lease,
and for any other purpose necessary to facilitate Lessor's proposed use of the Leased
Premises upon termination of this Lease. Entry by Lessor as set forth in this Paragraph
shall be during the hours between _ ~ o'clock a.m. and ten (10) o'clock a.m. and
between the hours of two (2) and four (4) o'clock p.m., or at a time mutually agreed upon
by Lessor and Lessee so as to minimize disruption to Lessee's business.
13. Fire and Casualty. Except as otherwise provided herein, in the event the
Building or improvements on the Leased Premises or any part thereof are damaged or
destroyed by fire or other casualty, Lessor may elect to terminate this Lease effective as
of the date of the casualty. The Lessor is not obligated to rebuild the Leased Premises in
the event of damage or destruction by fire or casualty.
6
II 111 I
14. Assignment and Sub-Lease. Lessee shall not sublet or assign this Lease
without first obtaining the written consent of Lessor, which consent may be withheld in
the sole discretion of the Lessor. Any sublease or assignment must obligate the subleasee
or assignee to all of the terms and conditions of this lease.
15. Surrender. Upon the expiration or earlier termination of this Lease, the
Lessee shall have the right to remove its personal property, furniture, fixtures, equipment
and signs, ("Personal Property"). However, Lessee agrees to be responsible for the repair
of any and all damages to the Leased Premises caused by such removal. Any Personal
Property belonging to the Lessee not removed within twenty (20) days following the
expiration of termination of this Lease shall be deemed to be abandoned, and may be
removed and disposed of by Lessor without incurring any liability to Lessee.
16. Severability. Any term of this Lease which is prohibited by or is unlawful
or unenforceable under Virginia law shall be ineffective only to the extent of such
prohibition, without invalidating the remaining terms of this Lease.
17. Required Approvals. All approvals required within the wording of this
Lease must be obtained in writing prior to implementation or acquisition. The contact for
the Lessor for this Lease is the Director, Department of Museums, unless otherwise
stated.
18. Nondiscrimination. Employment discrimination by Lessee shall be
prohibited. During the performance of this Lease, Lessee agrees as follows:
1. Lessee will not discriminate against any employee or applicant for
employment because of race, religion, color, sex, national origin, age, disability, or any
other basis prohibited by state law relating to discrimination in employment, except
7
II III
where there is a bona fide occupational qualification/consideration reasonably necessary
to the normal operation of Lessee. Lessee agrees to post in conspicuous places, available
to employees and applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
2. Lessee, in all solicitations or advertisements for employees placed
by or on behalf of Lessee, will state that Lesee is an equal opportunity employer.
3. Notices, advertisements and solicitations placed in accordance with
federal law, rule or regulations shall be deemed sufficient for the purpose of meeting the
requirements of this section.
4. Lessee will include the provisions of the foregoing Sections 1,2,
and 3 in every subcontract or purchase order of over $10,000, so that the provisions will
be binding upon each subcontractor or vendor.
19. Environmental Concerns. Lessor hereby warrants to the Lessee, that to
the best of the Lessor's knowledge, without the requirement for independent
investigation, no hazardous material such as petroleum products, asbestos and any other
hazardous or toxic substance has been used, disposed of, or is located in either the
building located on the Leased Premises or that soil or groundwater on or under the
Leased Premises. Any costs associated with violations of the law including, but not
limited to, remediation, clean up costs, fines, administrative or civil penalties or charges
and third party claims imposed on the Lessor by any regulatory agency or by any third
party as a result of the noncompliance with Federal, State or local environmental laws
and regulation or nuisance statutes by the Museum or by its employees, contractors,
8
II "I
consultants, subconsultants, or any other persons, corporations or legal entities retained
by it for the Leased Premises, shall be paid by the Lessee.
20. Covenant Against Liens. If, because of any act or omission of Lessee, or
others claiming by or through the Lessee, any mechanic's or materialman's liens shall be
tiled against the Lessor or any portion of the Leased Premises, Lessee shall, at its own
cost and expense, cause the same to be paid, discharged of record or bonded off within
thirty (30) days after written notice from Lessor of the filing thereof. The provisions of
this paragraph shall survive expiration or termination of this Lease.
21. Submission and Disposition of Contractual Claims. Prompt knowledge by
the Lessor of an existing or impending claim for damages or other relief may alter the
plans, scheduling, or other action of the Lessor and/or result in mitigation or elimination
of the effects of the claim. Therefore, a written statement providing the Lessor with
notice of Lessee's intention to file a claim which 0) describes the act or omission by the
Lessor or its agents that the Lessee contends caused it damages or entitles it to other
relief; and (ii) provides a description of the nature and amount of the claim. Such written
statement shall be submitted to the Lessor within 20 days of the time of the occurrence or
beginning of the work upon which the claim is based; provided, however, if such damage
is deemed certain in the opinion of the Lessee to result from its acting on an order from
the Lessor, it shall immediately take written exception to the order. For purposes of this
provision, "claim" shall include, without limitation, any request for an increase in the
contract price or time and any request for equitable adjustment. Submission of a notice of
claim as specified shall be mandatory, and failure to submit such notice shall be a
conclusive waiver to such claim for damages or other relief by the Lessee. Neither an orall
9
'I
"I II
notice or statement, nor an untimely notice or statement will be sufficient to satisfy the
requirements herein.
The Lessor will review the claim and render a final decision in writing within
thirty (30) days of receipt of Lessee's written request for a final decision. Such decision
shall be final and binding to the fullest extent allowed by law.
22. Compliance With All Laws/Governing Law/Venue.
A. Compliance with All Laws. Lessee shall comply with all federal, state and
local statutes, ordinances, and regulations now in effect or hereafter adopted, in the
performance of scope of work set forth herein. Lessee represents that it possesses all
necessary licenses and permits required to conduct its business and will acquire any
additional licenses and permits necessary for performance of this Lease prior to the
initiation of work.
B. Lease interpreted under laws of Virginia. 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.
C. 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.
10
"I
D. The building has been entered in the National Register of Historic Places
SInce 1979. Lessee shall comply with all requirements for maintaining the Building's
status as a National Historic Site.
23. Drug Free Workplace. During the performance of this Lease, Lessee
agrees as follows:
1. Lessee will provide a drug-free workplace for Lessee's employees.
2. Lessee will post in conspicuous places, available to employees and
applicants for employment, a statement notifying employees that the unlawful
manufacture, sale, distribution, dispensation, possession, or use of a controlled substance
or marijuana is prohibited in Lessee's workplace and specifying the actions that will be
taken against employees for violations of such prohibition.
3. Lessee will state in all solicitations or advertisements for
employees placed by or on behalf of Lessee that Lessee maintains a drug-free workplace.
4. Lessee will include the provisions of the foregoing Sections 1,2,
and 3 in every subcontract or purchase order of over $10,000, so that the provisions will
be binding upon each subcontractor or vendor.
24. Compliance with Immigration Laws. Lessee does not currently, and shall
not during the performance of this Lease, knowingly employ an unauthorized alien, as
defined in the federal Immigration Reform and Control Act of 1986.
25. Modification. There may be no modification of this Lease, except In
writing, executed by the authorized representatives of the Lessor and Lessee.
26. Waiver. No waiver by Lessor or Lessee at any time, express or implied,
of any breach of any term of this Lease shall be deemed a waiver of a breach of any other
11
, I
term of this Lease or consent to any subsequent breach of same or ay other term. No
acceptance by Lessor of any partial payment shall constitute an accord or satisfaction but
shall only be deemed a part payment on account. Lessor may accept rent, or other sums
payable or other benefits pursuant to this Lease, and acceptance of same shall not be
deemed to be a waiver of any prior default.
27. Quiet Enioyment. So long as Lessee is not in default beyond any cure
period hereunder, Lessee shall peaceably and quietly hold and enjoy the Leased Premises
for the term hereby demised without hindrance or interruption by Lessor or any other
person or persons claiming by, through or under Lessor.
28. Force Maieure. Neither Lessor nor Lessee shall be liable to the other for
any breach or violation of this Lease resulting from any occurrence or event, including
any act of God, strikes, war, lockouts, labor trouble, insurrection or occurrence beyond
the reasonable control of any party hereto.
29. Entire Agreement/Successors and Assigns. This Lease constitutes the
entire agreement between the parties and shall be binding upon the parties hereto and
their successors and assigns. No oral statement or prior writing shall add to, vary or
modify the terms of this Lease.
30. Paragraph Headings. Headings to the paragraph are illustrative only; they
do not form a part of this Lease nor are they intended to be used construing same.
As evidence of their agreement to the terms and conditions set forth herein, the
parties affix their authorized signatures hereto:
(THIS SPACE INTENTIONALLY LEFT BLANK)
12
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IN WITNESS WHEREOF, the parties hereto have caused this Lease Agreement
to be duly executed as of the day above first written.
CITY OF VIRGINIA BEACH, VIRGINIA,
a municipal corporation of the Commonwealth
of Virginia
By:
City Manager/Authorized Designee
FRIENDS OF FERRY PLANTATION HOUSE, INC.,
a Virginia corporation
By:
Name:
Title:
STATE OF
CITY/COUNTY OF
, to-wit:
The foregoing instrument was acknowledged before me this day of
, 20_, by (Name of
person acknowledged). He/She is personally known to me or has produced
as proper identification.
NOTARY PUBLIC
My Commission Expires:
My Registration Number:
13
1'1 II
STATE OF
CITY/COUNTY OF
, to-wit:
The foregoing instrument was acknowledged before me this day of
, 20 , by (Name of
person acknowledged). He/She is personally known to me or has produced
as proper identification.
Notary Public
My Commission Expires:
My Registration Number:
Approved as to Content:
Approved as to Risk Management:
Department of Museums
Risk Manager
Approved as to Legal Sufficiency:
Approved as to Content:
Office of City Attorney
Facilities Management Office
14
1 AN ORDINANCE AUTHORIZING AND DIRECTING THE
2 CITY MANAGER TO EXECUTE A POLICE MUTUAL AID
3 AGREEMENT WITH THE CITIES OF CHESAPEAKE,
4 FRANKLIN, HAMPTON, NEWPORT NEWS, NORFOLK,
5 POQUOSON, PORTSMOUTH, SUFFOLK, VIRGINIA
6 BEACH, WILLIAMSBURG, AND THE COUNTIES OF
7 JAMES CITY, ACCOMACK, GLOUCESTER, ISLE OF
8 WIGHT, NORTHAMPTON, YORK, AND THE TOWN OF
9 SMITHFIELD
10
11 WHEREAS, Virginia law authorized local governments to enter into reciprocal
12 agreements for mutual aid and for cooperation in the furnishing of police services; and
13
14 WHEREAS, it is deemed mutually beneficial to the Cities of Chesapeake,
15 Franklin, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia
16 Beach, Williamsburg, and the Counties of James City, Accomack, Gloucester, Isle of
17 Wight, Northampton, York, and the Town of Smithfield to enter into an agreement
18 concerning mutual aid and cooperation with regard to law enforcement, increasing the
19 ability of the local governments to promote the safety and welfare of the entire area.
20
21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
22 VIRGINIA BEACH, VIRGINIA:
23
24 That the accompanying Police Mutual Aid Agreement is approved and that the
25 City Manager be directed to execute said Agreement on behalf of the City of Virginia
26 Beach.
Adopted by the council of the City of Virginia Beach, Virginia, on the 22nd day
of September , 2009.
APPROVED AS TO CONTENT:
APPROVED AS TO CONTENT:
()~_ J: ~
~k Management
APPROVED AS TO LEGAL SUFFICIENCY:
~~~-
CA 11285
R-1
September 10, 2009
SUMMARY OF TERMS
1. Event - an incident requmng a law enforcement response that exceeds the
equipment and/or personnel resources of the member's Police Department.
2. Mutual Aid A2reement - An agreement between seventeen localities to provide
emergency services in the event an incident occurs that requires resources beyond
those of the requesting locality's law enforcement department. The Agreement
also provides arrest authority for officers responding to the requesting
jurisdiction's locality, and allows arrest authority for officers present in another's
jurisdiction in the event of an immediate threat to public safety.
3. Nature - Outlines the procedures of the City of Virginia Beach to provide and
receive law enforcement manpower and equipment, if available, in an effort to
effectively respond to emergency incidents.
4. Term - This Agreement is effective upon execution, and may be terminated
without cause upon thirty (30) days written notice by either party. This
Agreement mirrors and will rescind the 2003 Agreement upon execution.
5. Insurance - Insurance requirement are met through the City of Virginia Beach's
self-insurance program administered by Risk Management.
II I I
LA W ENFORCEMENT MUTUAL AID AGREEMENT
THIS AGREEMENT, made this 1st day of June, 2009, by and among the Cities of
CHESAPEAKE, FRANKLIN, HAMPTON, NEWPORT NEWS, NORFOLK, POQUOSON,
PORTSMOUTH, SUFFOLK, VIRGINIA BEACH and WILLIAMSBURG, each a municipal
corporation ofthe Commonwealth of Virginia; the County of JAMES CITY, a political subdivision
of the Commonwealth of Virginia; the Sheriff of the County of ACCOMACK; the Sheriff of the
County of GLOUCESTER; the Sheriff of the County of ISLE OF WIGHT; the Sheriff of the County
of NORTHAMPTON; the Sheriff of the County of YORK; and the Town of SMITHFIELD.
WHEREAS, Virginia law authorizes local governments and Sheriffs, in counties where no
police department has been established, to enter into reciprocal agreements for mutual aid and for
cooperation in the furnishing of law enforcement services; and
WHEREAS, the twelve local governments and the Sheriffs of the Counties of Accomack,
Gloucester, Isle of Wight, Northampton and York have determined that the provision of law
enforcement aid across jurisdictional lines will increase their ability to preserve the safety and
welfare of the entire area; and
WHEREAS, it is deemed to be mutually beneficial to the parties hereto to enter into an
agreement concerning mutual aid and cooperation with regard to law enforcement; and
WHEREAS, the parties hereto desire that the terms and conditions of this Law Enforcement
Mutual Aid Agreement be established.
NOW, THEREFORE, in consideration of the mutual benefits to be derived from a Law
Enforcement Mutual Aid agreement, the parties hereto covenant and agree as follows;
1
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any of the parties hereto to respond to a request for law enforcement support when
the personnel of the party to whom the request is made are, in the opinion of the
requested party, needed or are being used within the boundaries ofthat party, nor
shall any request compel the requested party to continue to provide law enforcement
support to another party when its personnel or equipment, in the opinion of the
requested party, are needed for other duties within the boundaries of its own
jurisdiction.
8. In those situations not involving the provision of mutual aid upon request, law
enforcement officers and personnel, and other employees of any city, county, town
or Sheriff hereunder, may also enter any other jurisdiction in furtherance of law
enforcement purposes, concerning any offense in which the entering law enforcement
agency may have a valid interest; provided, that the entering personnel shall, as soon
as practical, make such presence known to the Chief of Police or Sheriff of the
entered jurisdiction, or his designated representative.
9. The responsibility for investigation and subsequent actions concerning any criminal
offense shall remain with the law enforcement agency of the locality whose court has
original jurisdiction over the offense. Entering law enforcement personnel shall
promptly notify the law enforcement agency of the entered locality upon discovery
of a crime over which the court of the entered locality has original jurisdiction.
10. Officers acting pursuant to this Agreement shall be granted authority to enforce the
laws of the Commonwealth of Virginia and to perform the other duties of a law
enforcement officer; such authority shall be in conformance with S9 15.2-1724; 15.2-
3
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1. Each party will endeavor to provide law enforcement support to the other parties to
this Agreement within the capabilities available at the time the request for such
support is made and within the terms of this Agreement.
2. Requests for assistance pursuant to the terms and conditions of this Agreement shall
be made by the requesting jurisdiction's Chief of Police or Sheriff, whichever is
applicable, or their respective designee.
3. The requesting party shall be responsible for designating a radio communications
system for use by the requested party.
4. The personnel of the requested party shall render such assistance under the direction
of the Chief of Police or Sheriff of the requesting party, or their respective designee.
5. Law enforcement support provided pursuant to this Agreement shall include, but not
be limited to, the following resources: uniformed officers, canine officers, aerial
support when maintained, forensic support, plainclothes officers, special operations
personnel and related equipment. All law enforcement officers and personnel shall
be duly trained and currently certified for the position provided.
6. Subject to the terms ofthis Agreement, and without limiting in any way the other
Circumstances or conditions in which mutual aid may be requested and provided
under this Agreement, the parties hereto agree to provide assistance to the requesting
party in situations requiring the mass processing of arrestees and transportation of
arrestees. The parties to the Agreement further agree to assist the requesting party
with security and operation of temporary detention facilities.
7. Nothing contained in this Agreement should in any manner be construed to compel
2
'1'1
1726; 15.2-1730; 15.2-1730.1 and 15.2-1736 ofthe Code of Virginia, as amended.
Law enforcement officers of any party who might be casually present in any other
jurisdiction shall have power to apprehend and make arrests only in such instances
wherein an apparent, immediate threat to public safety precludes the option of
deferring action to the local law enforcement agency.
11. All law enforcement officers, agents and other employees of the parties to this
Agreement who are acting pursuant to this Agreement shall have the same powers,
rights, benefits, privileges and immunities in each other's jurisdiction, including the
authority to make arrests in each other's jurisdiction.
12. The services performed and expenditures made under this Agreement shall be
deemed to be for public and governmental purposes and all immunities from liability
enjoyed by the parties within their boundaries shall extend to their participation in
rendering assistance outside their boundaries pursuant to this Agreement. It is
understood that for the purposes of this Agreement, the responding party is rendering
aid once it has entered the jurisdictional boundaries of the party requesting assistance.
13. All pension, relief, disability, worker's compensation, life and health insurance and
other benefits enjoyed by said law enforcement officers or personnel as employees
of their respective jurisdictions shall extend to the services they perform under this
Agreement outside their respective jurisdictions. Each party agrees that the provision
of these benefits shall remain the responsibility of the employing party.
14. Each party agrees that, in activities involving the rendering of assistance to another
party pursuant to this Agreement, each party shall waive any and all claims against
4
all other parties hereto which may arise out of their activities outside their respective
jurisdiction.
15. The parties shall not be liable to each other for reimbursement for injuries to law
enforcement officers or personnel, or damage to equipment incurred when going to
or returning from another jurisdiction, except to the extent that reimbursement for
such expenses may be or is received from the Federal Emergency Management
Agency (FEMA) or another governmental agency. Neither shall the parties be liable
to each other any other costs associated with, or arising out of, the rendering of
assistant pursuant to this Agreement, except to the extent that reimbursement for such
expenses may be or is received from FEMA or another governmental agency.
16. This Agreement rescinds and supersedes all previous written agreements and oral
understandings relating to the provision of mutual law enforcement services between
the parties.
17. Any of the parties hereto may withdraw from this Agreement by giving thirty (30)
days written notice to that effect to the other parties.
5
II 1'1
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their respective city manager, county administrator, town manager or Sheriff; the official seal of each
city, county and town affixed hereto and attested by their respective city, county or town clerk, and
indicating thereafter the ordinance or resolution authorizing the execution. Sheriffs may attest by
Notary Public.
CITY OF VIRGINIA BEACH
BY:
City Manager
ATTEST:
City Clerk
Resolution/Ordinance #:
Adopted On:
6
1,1 ,'I
1 AN ORDINANCE GRANTING A FRANCHISE FOR A PILOT
2 PROGRAM TO ALLOW AN ICE SKATING RINK AT THE
3 31sT STREET PARK
4
5 WHEREAS, in an effort to attract year~round activity to the Oceanfront, the Hilton
6 Hotel partnered with Ice Masters, Inc., Va Rink Specialist (''Rink Specialists"), to offer a
7 temporary ice skating rink in the 31 st Street Park ("Park");
8
9 WHEREAS, Rink Specialists has provided ice skating rink services for eight
10 years at eleven different locations throughout Virginia;
11
12 WHEREAS, Rink Specialists will provide all necessary equipment, materials, and
13 labor to install and operate the ice skating rink on a daily basis from November 25, 2009
14 through February 15, 2010;
15
16 WHEREAS, the proposed ice skating rink will be approximately sixty (60) feet by
17 one hundred twenty-five (125) feet, and will be completely enclosed in a clear tent;
18
19 WHEREAS, the ice skating rink will operate as a pilot program to allow the
20 Strategic Growth Area Office ("SGAO") to evaluate whether the ice rink operation will be
21 successful at attracting off-season visitors;
22
23 WHEREAS, under the terms of the proposed franchise agreement, Rink
24 Specialists will pay the City a franchise fee of three thousand dollars ($3,000) and will
25 provide financial reports to the City;
26
27 WHEREAS, Rink Specialists will pay the City for all utilities in excess of the City's
28 average monthly utility costs for the Park;
29
30 WHEREAS, once the ice skating rink is closed, Rink Specialist will be
31 responsible for returning the Park to its original condition prior to operation of the ice
32 skating rink;
33
34 WHEREAS, the SGAO recommends that Ice Masters, Inc., Va Rink Specialists,
35 be granted a franchise for a pilot program to allow an ice skating rink for the term of
36 November 9, 2009 through February 22, 2010.
37
38 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
39 VIRGINIA BEACH, VIRGINIA:
40
41 That the City Council hereby grants a franchise to Ice Masters, Inc., Va Rink
42 Specialists, for a pilot program to allow an ice skating rink at the 31st Street Park for the
43 period of November 9, 2009 through February 22, 2010, and authorizes the City
44 Manager or his designee to execute a franchise agreement with Ice Masters, Inc., Va
45 Rink Specialists, for said purpose.
'I "I
Adopted by the Council of the City of Virginia Beach, Virginia on the 22nd
day of September , 2009.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
/k:K ~
-;Z~ ~
City Attorney's Office
Strategic Growth Area Office
CA110278
R-3
September 10,2009
"I
FRANCHISE AGREEMENT
FOR AN ICE RINK OPERATION
IN THE 31 ST STREET PARK
THIS AGREEMENT, made the
day of
, 2009, by and between the
CITY OF VIRGINIA BEACH, a municipal corporation, organized and existing under the
laws of the Commonwealth of Virginia, hereinafter referred to as "City," and ICE
MASTERS, INe., t/a Rink Specialists, a Virginia corporation, hereinafter referred to as
"Grantee," is entered into pursuant to those powers vested in the City by Section 15.2-1102
of the Code of Virginia and all acts amendatory thereof, and embodied in the Charter of the
City of Virginia Beach
WITNESETH:
WHEREAS, Grantee has applied to the City for a franchise to conduct an ice rink
operation on public property at the 31 st Street Park, and to that end has represented that it will
comply with all applicable provisions of federal, state, and municipal law and all pertinent
rules and regulations of any board, committee, agency, or commission thereof; and
WHEREAS, the City finds that such an operation would promote the public interest
and would serve to enhance the festive atmosphere at the oceanfront.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
herein set forth, it is agreed as follows:
1. Conditions of Grant of Franchise
a. It is expressly agreed and understood by Grantee that the grant of the franchise
described herein below is conditional, the grant of such franchise being conditioned upon
, I
Grantee's obtaining any other required permits and/or licenses, and being further conditioned
upon Grantee's compliance with all of the terms and conditions of this Agreement. It is
expressly agreed and understood by Grantee that the failure of Grantee to obtain anyone or
more of the required approvals, licenses, or permits shall render this Agreement null, void,
and of no force and effect.
b. The grant of the franchise to Grantee shall also be subject, in addition to the
foregoing conditions, to such conditions as the City may, in its discretion, impose upon
Grantee.
2. Grant of Franchise
a. Subject to the provisions of paragraph 1 of this Agreement, or any other
condition imposed by this Agreement or by law, the City does hereby grant unto Grantee a
franchise to conduct an ice rink operation at the 3l5t Street Oceanfront Park ("Premises") in
the City of Virginia Beach, Virginia ("Franchise"). The term of the Franchise shall be from
and including November 9,2009, to and including February 22,2010 ("Term").
b. This Agreement shall not be renegotiated or continued unless a franchise is
granted by the City Council of the City of Virginia Beach pursuant to Section 15.2-2100 of
the Code of Virginia of 1950, as amended.
c. The actual days and hours of operation during the term of the Franchise shall
be approved by the City. The City reserves the right to suspend or modify the dates and
hours of operation in the event the Premises (i) is scheduled for use by a permitted special
event; or (ii) if the City Manager or his authorized designee determines that the weather
, I
conditions are of an intensity and duration that render the operation of the ice rink: a danger
to the health, safety and welfare of the public.
3. Franchise Fee
a. Grantee shall pay to the City for use of the Premises a fee, hereinafter the
"Franchise Fee," in the amount of three thousand dollars ($3,000) for the Term of the
Agreement. Said fee shall be paid in full at the signing of the Agreement.
b. The failure of Grantee, for any reason, to pay the Franchise Fee shall
constitute grounds for the immediate cancellation of this Franchise and forfeiture of any
rights conferred upon Grantee by this Agreement. The City may, but shall not be required to,
extend the period of time within which a payment shall be tendered or may, in lieu of any
other remedy, treat this Agreement as remaining in full force and effect and avail itself of
any and all lawful means of collecting such Franchise Fee.
c. In the event of the cancellation of this Agreement or the termination of the
Franchise granted hereunder prior to the expiration of its stated term, for any reason, no
portion of any monies paid by or on behalf of Grantee on account of Franchise Fees shall be
refundable.
4. Nonexclusive Franchise
It is expressly understood and agreed by Grantee that the Franchise is not exclusive.
The City hereby reserves unto itself the right to grant similar franchises to any person, firm,
corporation, or other entity at any time and from time to time.
'I "I
5. Compliance with Law
Grantee shall comply with all federal, state and local statutes, ordinances, and
regulations now in effect or hereafter adopted, in the conduct of the ice rink operation.
6. Design
Grantee shall submit to the Strategic Growth Area Office ("SGAO") a final design
plan ("Design Plan") by September 25, 2009. SGAO shall review the Design Plan, and if
acceptable to SGAO, provide written notice to Grantee of SGAO's approval of the Design
Plan.
7. Construction
After Grantee receives SGAO approval of the Design Plan, Grantee shall obtain all
permits necessary to construct the ice rink from the City's Planning Department. Grantee
shall not commence construction until Grantee obtains all required permits from the City's
Planning Department, and shall not commence work onsite until the Franchise Term begins.
Construction of the ice rink shall proceed strictly in accordance with the Design Plan
approved by SGAO, and in good and workman-like fashion. Any proposed modification to
the Design Plan shall be submitted to SGAO and to DSC for review and approval.
8. Operational Criteria
a. Prior to the commencement of the Term, Grantee shall submit to the SGAO a
written initial business plan, and shall include anticipated revenues and expenses.
b. Grantee shall employ a professional staff to manage and operate the ice rink.
An ice rink operator shall be present at all times during the operating hours of the ice rink.
'I "I
c. Grantee shall provide each of its employees with attire which appropriately
identifies the ice rink operation. Such attire shall be approved by the City. The approved
attire shall be worn by on-duty employees during all hours of operation. Failure of an
employee to be properly attired shall result in the operation being discontinued until the
proper attire is obtained. All outer wear shall have at least a name tag with the Grantee's
official logo or company name.
d. Grantee shall maintain the Premises in good working order, and shall ensure
that the Premises are aesthetically pleasing. The City shall determine if the appearance of the
Premises is aesthetically pleasing.
e. No more than six (6) vendors shall be permitted on the Premises during the
Term. Grantee shall not permit alcohol to be served on the Premises. Grantee shall ensure
that all vendors shall be removed from the Premises at the end of each night during the Term
of the Agreement. Grantee shall ensure that all vendors have all necessary permits and
business licenses.
f. Grantee shall provide appropriate music for the ice rink, and said music shall
terminate no later than ten (10) pm each day of operation during the Term ofthe Agreement.
g. Grantee shall not sell, solicit, offer, distribute, or provide any information on
the Premises, written or oral, regarding any operation or service in connection to time shares,
vacation packages, lodging accommodations, hotels, motels, inns, campgrounds, restaurants,
retail stores and entertainment establishments.
'I 'I
h. Any special admission or rental discounts, promotions, or group packaging
options offered by the Grantee shall be extended by the Grantee at the same rates to any and
all hotels and restaurants in the Resort Area that wish to participate.
1. Grantee may display sponsorship and promotional banners inside the ice rink.
No banners are permitted on the stage, the grassy areas in the Premises, bike racks, fencing,
or anywhere outside the Premises.
J. The City provides or pays for four utilities on the Premises: Hampton Roads
Sanitation District services, sewer services, water, and electricity. Attached hereto as Exhibit
A, and incorporated herein by reference, is a table representing the average utility
consumption by the City on the Premises for the months of November through March. The
table includes the average units of measurement per utility per month, and establishes
baseline measurements to be used pursuant to this Agreement ("Baseline Measurements").
The City shall invoice Grantee on a monthly basis, beginning on or after December 15, 2009,
for all utility consumption on the Premises that is in excess of the Baseline Measurements
provided in Exhibit A.
For example, in the month of November 2009, if the water consumption on the
Premises is two hundred and fifty thousand (250,000) gallons, the City will invoice Grantee
on December 15, 2009 for the cost of forty thousand (40,000) gallons (since the City's
average water consumption for November is two hundred and ten thousand (210,000)
gallons). Grantee shall pay to the City the amount of each utility invoice within fifteen (15)
days of receipt of said invoice.
k. Prior to the commencement of operation of the ice rink, Grantee shall provide
11 I I
the City with Material Safety Data Sheets ("MSDS") for the ice coloring and refrigerant
chemicals. The City shall review and, if appropriate, approve said MSDS.
1. Grantee may extend the hours of operation of the restrooms located on the
Premises only by contracting directly with the City's custodial contractor, Shephard
Enterprises, Inc. ("Shephard"), to procure custodial services for said restrooms. Grantee
shall be responsible for paying Shephard any and all costs necessary to keep said restrooms
open past six (6) pm daily. Grantee is prohibited from utilizing its employees, or any entity
other than Shephard to manage the restrooms.
m. The Grantee shall provide SGAO with a final profit and loss statement
("Statement") itemizing all revenues and expenses related to Franchise activity during the
Term of the Agreement. The Statement shall be provided to SGAO no later than thirty (30)
days after the expiration of the Term. The Statement shall include the following revenue
categories: admissions, rentals, concessions, and sponsorships. Grantee shall keep a daily
record of the number of skating participants during the term of the Franchise, and shall remit
records to the City with the Statement.
9. Condition of Premises
Grantee shall be responsible for repairing all damage to the Premises caused by its
operation.
a. Installation, operation, and removal of the ice rink shall not block or interfere
with the City's access to the stormwater drain on the Premises.
b. After rink disassembly, the Grantee shall be responsible for replacing the sod
in accordance with the specifications set forth in Exhibit B, attached hereto and incorporated
herein by reference. The Grantee shall pay all expenses for replacing the sod. The City
Manager or his designee shall establish the date for sod installation. The Grantee shall
present evidence and plans to the SGAO that a sod distributor and sod installer can meet the
deadline established by the City no later than thirty (30) days after execution of this
Franchise. The Grantee shall act as a single source and point of contact for all warranty
claims. A sample sod warranty must be furnished to the City for approval no later than thirty
(30) days after execution ofthis Franchise.
c. After rink disassembly, the City shall inspect the operation of the Premise's
irrigation system. The Grantee shall be responsible for repairs to broken pipes and sprinkler
heads upon the specifications set forth by the City.
d. After rink disassembly, any dislocated or broken paver located within the
Premises shall be replaced by Grantee with identical material, or restored to its pre-existing
condition.
e. The Grantee shall remove the ice rink, all supporting sub-structures, temporary
surfacing, tents, equipment, miscellaneous vending apparatuses, and all associated trash and
debris resulting from the ice rink operation prior to the expiration of the Term of the
Franchise.
r. Any and all damages resulting from the Grantee's operation shall be
immediately reported to the SGAO and repaired within a time period specified by the City.
10. Permitted Uses
Grantee shall not use the Premises, nor suffer the Premises to be used, for any
purpose other than as contemplated by this Agreement.
'I
11. Right of Inspection
The City, by its authorized officers, agents, or employees, shall have the right to
inspect the operation at any and all reasonable times, with or without notice, for the purpose
of determining Grantee's compliance with the provisions of this Agreement.
12. Assignment of Franchise
Grantee shall not, assign, delegate, or otherwise transfer, in whole or in part, the
Franchise or any of Grantee's rights or obligations arising hereunder. In the event the City
discovers Grantee made such an assignment, the Grantee will be found in breach of the terms
of this Agreement and the Agreement will be immediately terminated.
13. Interest of Grantee
Grantee shall acquire no interest in the Premises, legal or equitable, other than the
right to occupy such Premises during the term of this Agreement for the sole purpose of
conducting ice skating rink operations in compliance with, and subject to, the provisions of
this Agreement and such rights in and to Grantee's personalty used in and about the operation
of its operation as are conferred upon Grantee by law.
14. Relationship of Parties
It is mutually understood and agreed by the parties that nothing contained in this
Agreement is intended, or shall be construed, as in any manner creating or establishing any
agency relationship between the parties or any relationship of joint enterprise or partnership.
Grantee shall have no authority, express or implied, to act or hold itself out as the agent or
representative of the City for any purpose. Grantee shall at all times remain an independent
contractor, solely responsible for ail obligations and liabilities of, and for all loss and damage
to, Grantee's operation, including the Premises and property thereupon, and for all claims and
demands resulting from Grantee's operation.
15. Hold Harmless/Indemnification
It is understood and agreed that Grantee hereby assumes the entire responsibility and
liability for any and all damages to persons or property caused by or resulting from or arising
out of any act or omission on the part of the Grantee, its subcontractors, agents or employees
under or in connection with this Agreement or the performance or failure to perform any
work required by this Agreement. Grantee agrees to indemnify and hold harmless the City
and its agents, volunteers, servants, employees, and officials from and against any and all
claims, losses, or expenses, including reasonable attorney's fees and litigation expenses
suffered by any indemnified party or entity as the result of claims or suits due to, arising out
of, or in connection with (a) any and all such damages, real or alleged, (b) the violation of
any law applicable to this Agreement, and (c) the performance of any activities on the
premises by Grantee or those for whom Grantee is legally liable. Upon written demand by
the City, Grantee shall assume and defend at Grantee's sole expense any and all such suits or
defense of claims made against the City, its agents, volunteers, servants, employees, or
officials.
16. Insurance
a. Grantee shall, prior to the commencement of its operation, procure and shall
thereafter maintain in full force and effect during the entire term of this Agreement, a policy
or policies of insurance protecting and insuring Grantee and the City, and their agents,
employees, and officials against any loss, liability, or expense whatsoever, from personal
'I "I
injury, death, or property damage arising out of or occurring in connection with Grantee's
occupancy of the Premises or conduct of its operation, whether such injury, death, or damage
occurs or is sustained, or the cause thereof arises, on or off the Premises. The City shall be
named as insured under any and all such policies. Such policy or policies shall be written by
a responsible insurance company or companies licensed to conduct the business of insurance
in the Commonwealth of Virginia and acceptable by the City.
Such policy or policies shall be in a comprehensive general liability form, including
products liability coverage, and shall be in an amount not less than $1,000,000.00 combined
single limits. The risks covered by any such policy or policies of insurance shall not be
limited nor the amount of coverage thereunder reduced by reason of any insurance that may
be maintained by the City.
b. Prior to the commencement of its operation and without demand by the City,
Grantee shall furnish to the SGAO a certificate(s) of insurance showing Grantee's
compliance with the foregoing requirements. Any such certificate(s) shall state that the
policy or policies of insurance named therein will not be cancelled or altered without giving
at least thirty (30) days prior written notice to the City.
c. Grantee's performance of its obligations under the provisions of this paragraph
shall not relieve Grantee of liability under the indemnity and hold harmless provisions of the
preceding section of this Agreement.
17. Bond
Upon execution of this Franchise, the Grantee shall provide to the City a performance
bond in the amount of thirty thousand dollars ($30,000) for the cost of sod replacement,
'I "I
unpaid utility bills, paver repositions, or any other repairs that the City deems necessary on
the Premises.
The bond will be released by the City after all required financial reports are received
by the City, and the City approves the condition of the sod, pavers, and other supporting
infrastructure on the Premises.
18. Abandonment
In the event Grantee shall abandon its operation, the City shall have the right to
immediately cancel this Agreement and terminate the Franchise.
19. Termination of Franchise
a. The City shall have the right to cancel this Agreement and terminate the
Franchise on notice to Grantee upon the occurrence of any of the following events:
(1) The failure of Grantee to secure any approval, license, or permit required
by this Agreement or by law, or the cancellation or revocation of any such license or permit.
(2) The failure of Grantee to fulfill, abide by, or comply with any condition of
the grant of the Franchise.
(3) The failure of Grantee to pay the Franchise Fee required hereunder.
(4) The failure of Grantee to comply with any statute, ordinance, regulation,
or other law applicable to the ownership or management of its operation or to the occupancy
and use of the Premises.
(5) The use of the Premises by, on behalf of, or at the sufferance of Grantee
for any activity or purpose other than is expressly permitted by this Agreement.
, I
(6) The failure of Grantee to procure any policy or policies of insurance, or
the bond, required by this Agreement to have been procured prior to the commencement of
Grantee's operation, the cancellation or lapse of any such policy or policies so as to cause the
aggregate of the limits of liability of coverage thereunder to be less than the amounts
required by paragraph 16 of this Agreement, or any material and adverse change in the risks
covered or persons or entities insured thereunder.
(7) The purported assignment, delegation, or other transfer by Grantee of the
Franchise, in whole or in part, or of any of the rights or obligations of Grantee set forth
herein.
(8) The refusal of Grantee to permit inspection of the operation by the City as
set forth in this Agreement.
(9) The death of Grantee, if Grantee is the sole proprietor, or in any other
case, the termination of Grantee's existence as a business organization, whether by
dissolution, consolidation, merger, sale, or other like act, or the revocation of Grantee's
authority to transact business in the Commonwealth of Virginia.
b. The election by the City to exercise its right to cancel this Agreement and to
terminate the Franchise shall be without prejudice to any of its other rights at law or in
equity, and any remedy set forth in this Agreement shall not be exclusive but shall be
cumulative upon any or all other remedies herein provided or by law allowed. Upon
termination of this Agreement and the Franchise, Grantee shall immediately cease all
operations upon the Premises.
'I
c. Notwithstanding any other remedy conferred upon the City by this Agreement
or by law, the City may elect to suspend Grantee's operation upon the occurrence of any of
the events herein above enumerated or in the event of the breach by Grantee of any other
provision or condition of this Agreement. Grantee shall, upon receipt of notice of such
suspension, immediately cease its operation until such time as the City shall permit Grantee
to continue its operation. Such permission shall be granted by the City at such time as
Grantee shall have remedied the breach or breaches of this Agreement giving rise to such
suspensIOn.
20. Publicity
The City shall have the right to photograph Grantee's operation and to use any such
photographs in any of its publicity or advertising. Grantee shall not be entitled to
compensation by reason of the taking or use of any such photographs.
21. Notice
All notices required or permitted hereunder shall be given and shall be deemed given
if, in writing, mailed by certified or registered mail, and addressed to Grantee at the address
of Grantee stated in its proposal or to the Resort Administrator or designee, 2101 Parks
Avenue, Suite 502, Virginia Beach, Virginia 23451, or to such other address as either party
may direct by notice given as herein above provided.
22. Severability
The provisions of this Agreement shall be deemed to be severable, and should any
one or more of such provisions be declared or adjudged to be invalid or unenforceable, the
remaining provisions shall be unaffected thereby and shall remain in full force and effect.
1'1 !II
23. Descriptive Headings
The descriptive headings appearing in this Agreement are for convenience only and
shall not be construed either as a part of the terms, covenants, and conditions hereof or as an
interpretation of such terms, covenants, and conditions.
24. Entirety of Agreement
This Agreement and any Exhibits constitute the final, complete and exclusive written
expression of the intentions of the parties, and shall supercede all previous communications,
representations, agreements, promises or statements, whether oral or written, by any party or
between the parties.
25. Waiver
No failure of the City to exercise any right or power given to it by law or by this
Agreement, or to insist upon strict compliance by Grantee with any of the provisions of this
Agreement, and no custom or practice of the parties at variance with the terms hereof, shall
constitute a waiver of the City's right to demand strict compliance with the terms of this
Agreement.
26. Modification
No modification, revision, or deletion of any of the provisions of this Agreement, and
no addition of any provisions hereto, shall be valid unless in writing and executed with the
same formalities as this Agreement.
27. Governing LawNenue
This Agreement and the Franchise issued thereunder shall be governed and construed
by the laws of the Commonwealth of Virginia and the parties hereto designate the
II III
appropriate courts of competent jurisdiction of the City of Virginia Beach, Virginia or the
U.S. District Court for the Eastern District of Virginia, Norfolk Division, for purposes of
litigation and venue.
28. Compliance with Immigration Laws
Grantee does not currently, and shall not during the performance of this Agreement,
knowingly employ an unauthorized alien, as defined in the federal Immigration Reform and
Control Act of 1986.
29. Environmental Liability
Any costs or expenses associated with environmentally related violations of the law,
the creation or maintenance of a nuisance, or releases of hazardous substances, including, but
not limited to, the costs of any clean up activities, removals, remediations, responses,
damages, fines, administrative or civil penalties or charges imposed upon the City, whether
because of actions or suits by any governmental or regulatory agency or by any private party,
as a result of the storage, accumulation, or release of any hazardous substances, or any
noncompliance with or failure to meet any federal, state, or local standards, requirements,
laws, statutes, regulations or the law of nuisance by Grantee (or by its agents, officers,
employees, subcontractors, consultants, subconsultants, or any other persons, corporations,
or legal entities employed, utilized, or retained by Grantee) in the performance of this
Agreement or related activities, shall be paid for by Grantee. This paragraph shall survive
the termination, cancellation, or expiration of this Agreement.
II ,II
IN WITNESS WHEREOF, the following signatures and seals:
CITY OF VIRGINIA BEACH,
a municipal corporation
By
City Manager/ Authorized Designee
ATTEST:
City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, , a Notary Public in and for
the City and State aforesaid, do hereby certify that , City
Manager/Authorized Designee for the CITY OF VIRGINIA BEACH, whose name as such is
signed to the foregoing Franchise Agreement, has acknowledged the same before me in my
City and State aforesaid. He is personally known to me.
GIVEN under my hand this
day of
,2009.
Notary Public
My Commission Expires:
STATE OF VIRGINIA,
CITY OF VIRGINIA BEACH, to-wit:
I, , a Notary Public in and for the City and State
aforesaid, do hereby certify that RUTH HODGES FRASER, City Clerk, for the CITY OF
VIRGINIA BEACH, whose name as such is signed to the foregoing Franchise Agreement,
has acknowledged the same before me in my City and State aforesaid. She is personally
known to me.
GIVEN under my hand this _ day of
,2009.
Notary Public
My Commission Expires:
STATE OF VIRGINIA,
CITY OF VIRGINIA BEACH, to-wit:
'I "I
ICE MASTERS, INC. tla RINK SPECIALISTS
By
Its
I, , a Notary Public in and for the
City and State aforesaid, do hereby certify that GRANTEE, , of ICE
MASTERS, INC. TIA RINK SPECIALISTS, whose name as such is signed to the foregoing
Franchise Agreement, has acknowledged the same before me in my City and State aforesaid.
Helshe is personally known to me or has produced as
identification.
GIVEN under my hand this
My Commission Expires:
day of
,2009.
Approved as to Content:
~~
Strategic Growth Area Office
Approved as to Risk Management:
Risk Manager
Notary Public
Approved as to Legal Sufficiency:
City Attorney
II "I
EXHIBIT A
Utility Consumption for the 31 st Street Park
This table represents the average monthly utility consumption by the City for operating
the 31st Street oceanfront park during the months of November through March.
Type of Unit of November December January February March
Utility Measurement
Hampton Cubic Feet 141 0* 26 0* 46**
Roads (per 100)
Sanitation
District
Sewage Gallons 210 0* 38 0* 68**
(per 1,000)
Water Gallons 210 0* 38 0* 68**
(per 1,000)
Electric KiloWatts 3,640 4,960 4,680 5,920 6,000
*The City's Public Utilities Department and Hampton Roads Sanitation District bill for
water and sewage on a bi-monthly basis.
**Grantee's operation will end prior to the March billing cycles for utility services,
however utility consumption incurred in February will be included on the March invoice
sent by the City to Grantee.
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EXHIBIT B
SITE GRADING AND LAWN ESTABLISHMENT
PART 1 - GENERAL
1.01 DESCRIPTION OF WORK
A. Grantee shall provide all materials, equipment and labor necessary for placing topsoil/sand mix, fine
grading and lawn establishment for 31 st Street Park Turf Renovation as shown on the drawings or
inferable there from and/or as specified in accordance with the requirements of the Contract
Documents.
B. These specifications include standards necessary for and incidental to the execution and completion
of lawn establishment, including addition of topsoil, fine grading, and establishment of lawn areas
using seed or sod as indicated on the prepared drawings and specified herein.
C. During construction, protect all turf, trees, shrubs, and other vegetation, site features and
improvements, structures and utilities. Any damage to these features shall be the responsibility of the
Grantee and shall be repaired or replaced at no cost to the City. Removal or destruction of existing
turf or plantings is prohibited unless specifically authorized by the Strategic Growth Area Office
("SGAO").
1.02 RELATED DOCUMENTS
A. Virginia Work Area Protection Manual. Virginia Department of Transportation, Traffic Engineering
Division, Work Zone Safety Coordinator, 1401 East Broad Street, Richmond, VA 23219.
B. Professional Excavators' Manual. Miss Utility of Virginia, 204 Rivers Bend Boulevard, Chester, VA
23831.
C. All standards publications shall be the latest editions, including any amendments, as of the date of
advertisement for bids.
1.03 REQUIREMENTS OF REGULATORY AGENCIES
A. Any certificates of inspection shall accompany the invoice for each shipment of sod when required by
law for transportation. Provide copies of certificates of inspection with the SGAO prior to the
acceptance of the material. Inspection by federal or state authorities at place of growth does not
preclude rejection of the sod at the site.
B. All work to be performed on City property will require the acquisition of a Right of Way Permitfrom the
City of Virginia Beach, Planning/Civil Inspections. Fees for Right of Way Permits for work being done
at the direction of the City of Virginia Beach shall be the responsibility of the Grantee.
C. Work to be performed within a City street Right of Way will require the Grantee to obtain approval of a
traffic control plan by City of Virginia Beach, Public WorkslTraffic Engineering before a Right of
Way Permit can be obtained. Unless otherwise directed by Traffic Engineering, the traffic control
plan should adhere to the most current edition of the Virginia Department of Transportation Work
Zone Safety Guidelines. All required signage and/or traffic control devices shall be in place prior
to commencement of work each day. Shortened workdays, which may be required as part of the
traffic control plan, shall be strictly adhered to by the Grantee. A copy of the Right of Way permit
SITE GRADING AND LAWN ESTABLISHMENT - 02920
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shall be kept in each of the Grantee's vehicles on site while the work is being performed. All
costs of traffic control, including equipment, signage and all added costs due to shortened
workdays shall be the responsibility of the Grantee.
D. Failure to comply with these regulatory requirements will result in placement of a Stop-Work
Order until the Grantee corrects discrepancies. Any associated costs for a delay in construction
caused by the Grantee's failure to comply with these regulatory requirements shall be the
responsibility of the Grantee.
1.04 OBSTRUCTIONS TO WORK PERFORMANCE
A. The Grantee shall contact Miss Utility of Virginia as required by the Virginia Underground Utility
Damage Prevention Act before any digging is performed on the site. If underground or overhead
utilities prevent grading or lawn establishment as specified and/or as shown on the plans, the
SGAO or his designee should be contacted immediately. Any damage to utility lines during lawn
establishment operations shall be the responsibility of the Grantee and shall be repaired at no
additional cost to the City.
B. The Grantee shall notify the Grantee Administrator, or his designee, immediately of any
unforeseen conditions (buried debris, plan discrepancies, etc.) that may affect lawn
establishment or growth. In addition, it shall be the responsibility of the Grantee to advise the
SGAO immediately if he/she believes the existing soil on the site is unsuitable to maintain healthy
turf grass. If the Grantee gives no notification, it shall be understood that the existing soil is
acceptable.
1.05 SUBMITTALS
A. Certificates of Inspection: Provide the SGAO with copies of any inspection certificates relating to
the transportation of sod delivered to the site.
B. For each type of sod or seed to be installed, submit seed vendor's certification for required grass seed
mixture, indicating percentage by weight, and percentages of purity, germination and weed seed for
each grass species.
C. Submit fertilizer analysis for each type of fertilizer to be used for lawn establishment if fertilizer is
required as specified in the soil test report.
D. Soil Testing: At least ten days priorto beginning fine grading work, the Grantee shall provide the
SGAO, or designee, a soil test report for the topsoil intended for use in completion of this work to
determine whether it is in accordance with the plans and specifications. At the discretion of the
SGAO, a soil test analysis report may be required for each individual stockpile of existing topsoil,
or source of imported topsoil and/or planting mix. The soil testing laboratory shall be approved
by the SGAO, and there shall be no cost to the City for any requested testing. Material or
materials that are not in accordance with plans and specifications shall be replaced with
approved material or materials at no additional cost to the City. If required, the soil test analysis
report shall include the following information:
1. Provide a particle analysis based on the following sieve size chart or the following USDA
gradient of mineral content:
Sieve Size
1 inch mesh
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1/4 inch mesh
No. 100 mesh
No. 200 mesh
USDA DesiQnation
Gravel
Very Coarse Sand
Coarse Sand
Medium Sand
Fine Sand
Very Fine Sand
Silt
Clay
Size in mm
2+mm
1-2 mm
0.5-1 mm
0.25-0.5 mm
0.1-0.25 mm
0.05-0.1 mm
0.002-0.05 mm
Smaller than 0.002 mm
2. Provide a chemical analysis including the following:
a. pH and buffer pH.
b. Percentage of organic content by oven-dried weight.
c. Nutrient levels in parts per million (ppm), including phosphorous, potassium,
magnesium, iron, zinc, and calcium. Nutrient test shall include the testing
laboratory's recommendations for supplemental additions to the soil based on the
requirements of horticultural plants.
d. Soluble salts by electrical conductivity of a 1:2 soil :water sample measured in
mmhos/cm.
8. Cation exchange capacity (CEC).
1.06 SUBSTITUTIONS
A. Substitutions of materials designated in the plans and specifications will be permitted only upon
written approval by the SGAO or his designee. Substitutions shall be requested in writing by the
Grantee within ten days after the award of contract. If the reason for substitution is lack of
availability, the request shall include a list of suppliers contacted by the Grantee to locate the
originally specified material. A sample of the material may also be required by the SGAO. The
sample shall be provided by the Grantee at no cost to the City.
B. All proposed sod or seed substitutions shall possess the same essential characteristics as the
turf species originally specified in regard to appearance, ultimate height, habit or rate of growth,
required soil conditions, climatic conditions and any other characteristics. In no case shall
average wholesale cost of a substituted turf species or blend be less than the average wholesale
cost of the turf species or blend originally specified. Species or blends of greater wholesale cost
may be accepted without additional cost to the City.
1.07 CLEAN-UP OF SITE
A. At the end of each day's work, the Grantee shall remove all work-related trash or other debris
from the site. At all times rubbish and trash generated by the Grantee shall be kept clear of
vehicular and pedestrian circulation throughout the site. Prior to final acceptance, all paved areas
adjacent to planting areas shall be cleaned thoroughly by sweeping and/or washing. Any
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defacement or stains on paving caused by lawn establishment operations shall be removed at no
additional cost to the City. All construction equipment, excess materials, tools, rubbish or debris
shall be removed from the site. All drains on the sites that have accumulated soil, mulch or any
other material due to the lawn establishment operation shall be cleaned and approved by the
SGAO, or his designee.
1.08 INSPECTION AND ACCEPTANCE
A. Acceptance of Fine Grading: The SGAO, or his designee will inspect all fine grading work for
acceptance upon written request by the Grantee. Written notice requesting such inspection shall
be submitted by the Grantee at least ten days prior to the anticipated date of inspection. Fine
grading shall be accepted by the SGAO or his designee before the Grantee begins sod or
seeding operations.
B. Initial Acceptance: The SGAO, or his designee will inspect all seeding and/or sod work for
acceptance upon written request by the Grantee. Written notice requesting such inspection shall
be submitted by the Grantee at least ten days prior to the anticipated date of inspection. After
inspection, the Grantee will be notified in writing by the SGAO, or his designee, of the acceptance
or rejection of any work not completed in accordance with the plans and specifications. Work
found not to be in accordance with plans and specifications shall be subject to re-inspection after
being corrected by the Grantee.
C. Acceptance in Part: Work may be accepted in parts when the SGAO and the Grantee deem that
practice to be in their mutual interest. Approval must be given in writing by the SGAO to the
Grantee verifying that the work is to be completed in parts. Acceptance of the work in parts shall
not waive any other provisions of this Contract.
D. Final Acceptance: The SGAO, or his designee will inspect all seeding and/or sod work for
acceptance at the end of a 14-day maintenance period. After inspection, the Grantee will be
notified in writing by the SGAO, or his designee, of the acceptance or rejection of any work not
completed in accordance with the plans and specifications. Work found not to be in accordance
with plans and specifications shall be subject to re-inspection after being corrected by the
Grantee.
E. Basis for Final Acceptance: At the end of the Grantee's 14-day maintenance period, lawns shall be
uniform in texture, density and color, substantially weed free, without gaps or bare spots, and with
vigorous root growth of proper species and variety. For the purposes of establishing an acceptable
standard, scattered bare spots, none of which are larger than one square foot, will be allowed up to a
maximum of three percent of the entire fawn area.
1.09 WARRANTY
A. General Warranty: The Grantee warrants to the City of Virginia Beach that all materials and
equipment furnished under this Contract will be new unless otherwise specified, and that all work
performed will be of good quality, free from faults and defects and in conformance with the plans
and specifications. Except as otherwise specified, all work shall be warranted by the Grantee
against defects resulting from the use of inferior materials, equipment, or workmanship for one
year from the date of acceptance by the SGAO, or his designee.
B. Lawn Establishment Warranty: At the end of the Grantee's maintenance period (see Section
1.08 D of these specifications), or at any time during the maintenance period, inspections will be
made by the SGAO, or his designee, at his discretion. Bare areas, areas with weeds, areas with
poor germination or dead sod, eroded areas, low spots or other deficiencies in the lawn
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establishment that need to be corrected under this warranty will be reported to the Grantee in
writing.
C. Repair of Deficient Lawn Areas: Any deficiency in lawn establishment, as determined by the
SGAO, or his designee, shall be corrected by the Grantee within ten (10) working days, weather
conditions permitting at no additional cost to the City. All corrected grading and lawn areas shall
be in compliance with the original plans and specifications.
1.10 MAINTENANCE
A. Newly planted lawn areas may be watered by the Grantee using the existing sprinkler system at
31st Street Event Park until final acceptance by the City.
B. In the absence of normal rainfall, watering shall be the responsibility of the Grantee during the
warranty period. Watering shall be enough to provide the equivalent of 1" of precipitation per
week. If requested, the Grantee is to provide a watering schedule to the SGAO.
C. During the maintenance period, the Grantee shall re-seed or re-sod bare areas, fertilize and
control weeds as necessary to ensure a uniform well-established lawn.
PART 2 - MATERIALS
2.01 MATERIALS OTHER THAN SOD
A. Imported Topsoil: The Grantee shall furnish, at his expense, sufficienttopsoil to properly perform
all work as specified herein, and as shown on the drawings. Topsoil furnished shall be a natural,
fertile, friable loam soil, possessing characteristics of representative of productive soils in the
vicinity. It shall be obtained from naturally well-drained areas. It shall not contain toxic
substances that may be harmful to plant growth. Topsoil shall be without admixture of subsoil
and shall be cleaned and reasonably free from clay, lumps, stones, stumps, roots or similar
substances two inches or more in diameter, debris, or other objects which might be a hindrance
to planting operations. Topsoil shall contain at least six percent organic matter. The acidity
range shall be between 5.5 and 7.0 inclusive. The mechanical analysis of the soil, which shall be
based on either sieve size or USDA Particle Size Designation, shall be as follows:
Sieve Size Percent Passina
1 inch mesh 99-100 percent
1/4 inch mesh 97-99 percent
No. 100 mesh 40-60 percent
No. 200 mesh 20-40 percent
Particle Distribution of Imported Topsoil (USDA Desionation)
Gravel Less than 10%
Coarse to Medium Sand 30 to 65%
Fine Sand 5 to 20%
Very Fine Sand 0 to 20%
Silt 15 to 25%
Clay 15 to 25%
A representative sample of topsoil and a soil test report shall be delivered to the SGAO, or
designee, at least 10 days before work begins. Required soil amendments for lawn
establishment, as indicated on the soil test report, shall be added by the Grantee at the time of
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spreading/grading.
B. Existing Topsoil: Topsoil may be stockpiled on the site to be used by the Grantee in performance
of this contract. Any stockpiled topsoil shall meet or exceed all of the specifications for Imported
Topsoil. A soil test report shall be provided to the SGAO by the Grantee for any stockpiled
topsoil to be used.
C. Starter Fertilizer: Initial fertilizer for seeding and sodding shall be a granular, non-burning turfgrass
fertilizer with an N:P20S:K20 analysis ratio of 1 :2:1, or equivalent. Fertilizer shall be uniform in
composition, free-flowing, and suitable for application with approved equipment. Fertilizer shall be
delivered to the site in original, unopened containers, each bearing the manufacturer's guaranteed
analysis label. At least 25% of available nitrogen shall be in a slow-release form.
D. Maintenance Fertilizer: Fertilizer for all applications other than the initial fertilization shall be a
granular, non-burning turfgrass fertilizer that with an N:P20S:K20 analysis ratio of 3:1:2 or 4:1 :2, or
equivalent. Fertilizer shall be uniform in composition, free flowing, and suitable for application with
mechanized rotary spreaders, drop spreaders, hydraulic seeders, or other equipment capable of
uniformly distributing fertilizer over the soil surface. Fertilizer shall be delivered to the site in original,
unopened containers, each bearing the manufacturer's guaranteed analysis label. At least 25% of
available nitrogen shall be in a slow-release form.
E. lime for Lawn Establishment: Shall be composed of finely ground calcitic or dolomitic limestone
(calcium carbonate or calcium carbonate + magnesium carbonate), and shall contain a minimum of
50% total oxide equivalent (calcium oxide + magnesium oxide); neither hydrated or burnt lime shall be
used for turfgrass seeding. limestone shall be uniform in composition, free flowing, and suitable for
application with mechanized rotary spreaders, drop spreaders, hydraulic seeders, or other equipment
capable of uniformly distributing limestone over the soil surface.
F. Water: Shall be free from oil, acid, alkali, salt, and other substances harmful to plant growth.
The Grantee shall make, at his expense, whatever arrangements may be necessary to ensure an
adequate supply of water to meet the needs of this Contract. He shall also furnish all necessary
hose equipment, attachments and accessories for the adequate irrigation of planted areas as
may be required to complete the work as specified.
G. Straw Mulch: Shall be specially grown for use as a seed mulch, and shall be entirely composed of
the air-dried stems and leaves of wheat, barley, oats, or cereal rye. Straw mulch shall be cut and baled
before its seed has matured, or shall be very thoroughly threshed. Straw mulch may be used as a
seed mulch for rough turigrass areas, temporary seeding, or erosion control seeding.
H. Wood Fiber Hydraulic Mulch: Wood fiber hydraulic mulch products shall consist of specially
prepared wood that has been processed to a uniform fibrous state, and shall be packaged for sale as
a hydraulic mulch for use with hydraulic seeding equipment. The wood fibers of wood fiber hydraulic
mulch products shall have a length of approximately 0.5 inches (13 millimeters) and a diameter of
approximately 0.0625 inches (1.5 millimeters). The wood fibers shall be dyed green, or the wood fiber
hydraulic mulch product shall be mixed with a dye in a separate operation that will provide appropriate
color to aid visual inspection of the material when it is spread. Wood fiber hydraulic mulch products
shall have a pH range of pH 4.0-8.5, and an ash content which shall not exceed 7.0% ofthe product
by weight. Wood fiber hydraulic mulch products shall be capable of remaining in suspension with
water under agitation so that such products shall readily blend with seed, fertilizer, and limestone to
form a uniform slurry.
I. Wood Cellulose Fiber Hydraulic Mulch: Wood cellulose fiber hydraulic mulch products shall consist
of specially prepared newspaper, newsprint, magazines, or other paper that has been processed to a
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uniform fibrous state, and shall be packaged for sale as a hydraulic mulch for use with hydraulic
seeding equipment. The wood cellulose fiber hydraulic mulch may be derived from recycled materials,
or be newly manufactured. The wood cellulose fibers shall be dyed green, orthe wood cellulose fiber
hydraulic mulch product shall be mixed with a dye in a separate operation that will provide appropriate
color to aid visual inspection of the material when it is spread. Wood cellulose fiber hydraulic mulch
products shall have a pH range of pH 4.0-8.5, and an ash content which shall not exceed 7.0% ofthe
product by weight. Wood cellulose fiber hydraulic mulch products shall be capable of remaining in
suspension (slurry) with water under agitation so that such products shall readily blend with seed,
fertilizer, and limestone to form a uniform slurry.
J. Mulch T ackifier: Shall be a non-asphaltic, biodegradable tackifier material suitable for application
with approved equipment. Tackifier products shall be delivered to site in factory-labeled
packages and stored and handled in strict compliance with manufacturer's instructions and
recommendations. Tackifier products shall be applied according to the label directions of the
manufacturer of the products.
K. Steel Staples: Staples shall be either of 'u' or 'T' shape. 'u' shape staples shall be 11-gauge U-
shaped wire, with width not less than 1.5 inches and length not less than 6.0 inches. 'T' shape staples
shall be 8-gauge T-shaped wire, with main leg not less than 8.0 inches long and secondary leg not
less than 1.0 inch long and head not Jess than 4.0 inches wide.
L. Post-Emergent Weed Control: In newly established lawn areas, a post-emergence weed control
chemical shall be used to control the growth of broad leaf weeds in strict accordance with labeled
instructions. Grantee shall provide SGAO with label of chemical before applying.
M. Seed: All grass seed mixtures and blends used for temporary or permanent lawn establishment
shall have an official Certification label affixed to each container identifying the Certifying agency, the
reference number, the variety name (if Certified as to variety), and the kind and class of seed. Where
the complete labeling information is printed on the Certification tag, the percentage of other crops and
other varieties will be shown as a total of the two and listed as other crops. Labels shall be attached to
containers in a manner that prevents removal and reattachment without tampering being obvious.
2.02 SOD
A. The species of sod required for lawn establishment is 'Tifsport' bermudagrass overseeded
with 'T3'Transitional Ryegrass and shall be indicated on the plans and/or described in the cover
letter accompanying these specifications. Sod shall be certified by the grower to be true to the
specified species and cultivar. All sod will have an official certification label accompanying each load
and the label must be attached to a dated invoice or labeling information. Sod shall be strongly rooted
machine-cut sod of uniform density, color and texture. Sod shall be free of disease, weeds and
undesirable native grasses and machine-cut to pad thickness of 3/4" to 1 ", excluding top growth and
thatch. Sod used for this project shall be delivered and installed as rolls and shall be a minimum
of 75 feet long and a minimum of 42" in width.
B. Sod shall be harvested, delivered, and installed within a period of thirty-six (36) hours. Sod shall be
inspected and approved or rejected by the SGAO, or designee, prior to its installation.
PART 3 - EXECUTION
3.01 GENERAL
A. Limits of T opsoiling and Lawn Establishment: Topsoil, whether stockpiled or imported to site, shall be
placed to a depth of 4" within the entire limits of construction unless otherwise noted on plans. Areas
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to receive seeded lawn or sodded lawn shall be indicated on the plans and/or described in the cover
letter accompanying these specifications.
B. Time of Planting: Grading and lawn establishment operations shall be conducted under favorable
weather conditions. These operations may, however, be conducted under unseasonable conditions at
the option and on the full responsibility of the Grantee and with the approval of the SGAO, or his
designee. If losses occur, there shall be no additional cost to the City.
C. Protection of Lawn Areas: Before any construction begins, precautionary measures shall be taken to
protect all existing lawn areas that are to be trucked over and upon which soil is to be temporarily
stockpiled. Any existing lawn areas on or off the construction site that have been damaged by the
Grantee shall be repaired to the satisfaction of the SGAO, or his designee, with no additional cost to
the City.
3.02 ROUGH GRADING, TOPSOILlNG AND FINE GRADING
A. Rough Grading (Sub-Grade Preparation)
1. Scarify or rip sub grade to depth of 4 inches where topsoil is scheduled. Scarify or rip soil in
areas where equipment used for hauling and spreading topsoil has compacted subsoil (6
inch minimum depth is required). Any existing vegetation in the area of lawn establishment
shall be sprayed with Roundup or other approved herbicide prior to disturbance of the area.
Herbicides are to be applied by licensed applicators in strict accordance with labeled
instructions. After appropriate time lapse they are to be sprayed again and dead organic
matter removed from the site before grading operations are begun.
2. Eliminate uneven areas and low spots. Remove debris, roots, branches, and stones in
excess of two inches in size. Remove any subsoil contaminated with petroleum products or
other construction-related material. In the absence of a grading plan, the rough grade shall
provide positive drainage to drain structures, curb lines, and adjoining paved areas. The
rough grade shall be left 2-4" below drain structure rims, curb lines, and adjoining paved
areas to allow placement of topsoil.
B. Topsoiling and Fine Grading
1. Place and spread 4" of imported topsoil on entire site within the limits of work or as
otherwise noted on plans.
2. Grade topsoil to eliminate rough or low areas. Remove all exposed stones, roots, grass,
weeds, debris, and foreign material while spreading. Maintain levels, profiles, and contours
of sub-grade. Manually spread topsoil around trees, plants, buildings and new work to
prevent damage. In the absence of a grading plan, the finished grade shall provide positive
drainage to drain structures, curb lines, and adjoining paved areas.
3. For conventional lawn seeding or sodding, in the absence of a site-specific soil test which
indicates otherwise, apply lime at a rate of 50 Ibs. per 1000 sq. ft., and starter fertilizer at a
rate which provides 1 lb. of total nitrogen per 1000 sq. ft. based on fertilizer analysis.
Fertilizer and limestone applications shall be made with appropriately calibrated equipment
in one or more separate operations. Limestone and fertilizer shall be worked into the top six
inches of the soil before fine grading or seeding. Fertilizer may be applied up to 10 days
before seeding. Limestone may be applied up to 30 days before seeding.
4. Lightly compact topsoil. Stones and other debris with a diameter over one inch shall be
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removed from the surface of the topsoil. A raked, uniform fine grade shall be established so
that no depressions or high spots greater than 1/2 inch are present and water drains to
structures, ditches, swales and paved surfaces as intended on the site plan. Topsoil shall
be hand-raked around trees, plants, buildings and new work to prevent damage. If lawn is
to be established by sodding, an allowance for sod thickness shall be allowed adjacent to
sidewalks, curbs and any other fixed final elevations.
3.03 CONVENTIONAL LAWN SEEDING
A. Seed Application
1. Seed distributed by conventional seeding methods, or by culti-packer/seeder equipment,
shall be uniformly spread in two directions at right angles to each other, using one half of
the total seed to be distributed in each direction. If extreme slopes interfere with the safe or
practical use of the seeding equipment, one or more passes in the same direction shall be
an acceptable substitute. After the seed is distributed, the seed shall be incorporated into
the soil to an average depth of 1/8 to 1/4 inch below the soil surface. Areas which receive
seed by conventional seeding methods shall be rolled with a weighted roller after seeding,
so that the seed is pressed firmly into the soil.
B. Mulching
1. Straw and hay seed mulches shall be spread uniformly over the soil surface at a rate of 1.5
bales per 1000 sq. ft. The straw or hay mulch shall cover a minimum of 80% of the soil
surface in a layer from 0.5 to 1.5 inches thick, with a maximum of 10% of the soil surface
covered with straw or hay mulch over 2.5 inches in thickness. Liquid mulch binder and/or
tackifier products shall be used to anchor straw or hay seed mulches when the liquid mulch
binder and/or tackifier products are applied according to the manufacturer's label directions
oraccording to application rates and methods that ensure that the straw or hay seed mulch
is firmly held from erosion while still allowing the passage of emerging seedlings.
2. As an alternative straw or hay mulch, and on all slopes steeper than 4: 1, wood fiber or wood
cellulose fiber plus a liquid tackifier product used as hydraulic mulch for turfgrass seeding
shall be applied in accordance with the label directions of the manufacturer. A minimum of
80% of the soil surface shall be covered with hydraulic mulch, or as may be necessary to
ensure that the wood fiber, wood cellulose fiber hydraulic mulch is securely held in place so
that minimal amounts of seed and/or soil are permitted to erode from the seeding site, while
still allowing the passage of emerging seedlings.
3.04 HYDRAULIC SEEDING (HYDRO-SEEDING)
A. Hydraulic Seeding Suspension (Slurry)
1. Fertilizer and limestone may be applied as described in 3.02.8.2 of these specifications
before hydro-seeding operation is begun. Alternatively limestone and fertilizer shall be
mixed into hydraulic seeding suspension. In the absence of a site-specific soil test which
indicates otherwise, apply lime at a rate of 50 Ibs. per 1000 sq. ft., and starter fertilizer at a
rate which provides 11b. of total nitrogen per 1000 sq. ft. based on fertilizer analysis. When
seed is included in the hydraulic seeding suspension, the amount offertilizer added to the
hydraulic seeding suspension shall not exceed 2lbs. pounds of nitrogen per 1000 sq. ft.
When limestone is applied with seed in the hydraulic seeding suspension, the amount of
limestone included shall not exceed 50 Ibs per 1000 ft2 (2,200 Ibs. per acre). Pulverized
limestone or pelletized limestone shall be the only limestone used for this application:
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neither granulated limestone, nor burnt lime, nor hydrated lime shall be used for hydraulic
seeding. When fertilizer and/or limestone is included in the hydraulic seeding suspension
with seed, the maximum combined weight of fertilizer and limestone included in the
hydraulic seeding suspension shall not exceed 150 pounds per 100 gallons of water.
2. Hydraulic seeding equipment shall be operated according to the directions for operation
provided by the manufacturer of the hydraulic seeding equipment. Hydraulic seeding
applications shall ensure that all materials which may be included in the hydraulic seeding
suspension, including seed, hydraulic mulch, tackifier, mulch binder, dye, fertilizer, and
limestone, are added in the required amounts and sequence, and are fully mixed before
and during application. Hydraulic seeding applications shall be made so that the hydraulic
seeding suspension falls as a uniform spray onto the soil, and so that minimal areas within
the seeding site shall receive significant underapplication or overapplication.
B. Mulching
1. In all cases, hydraulic seeding suspension shall contain the appropriate hydraulic mulch,
green dye, and a non-asphaltic mulch tackifier.
3.05 SODDING
A. Time of Sodding: Sodding operations shall be conducted under favorable weather conditions.
Sodding operations may, however, be conducted under unseasonable conditions at the option and on
the full responsibility of the Grantee and with the approval of the SGAO, or his designee. If losses
occur, there shall be no additional cost to the City.
B. Installation Procedure
1. During periods of high temperature and after all unevenness in the soil surface has been
corrected, the soil shall be lightly irrigated immediately prior to laying the sod.
2. The first row of sod shall be laid in a straight line with subsequent rows placed parallel to
and tightly against each other. If the area is a slope steeper than 4: 1, sod shall be placed in
rows perpendicular to the direction of the steepest part of the slope. Lateral joints shall be
staggered to promote more uniform growth and strength. All joints shall be butted tightly in
order to prevent voids which would cause air drying of the roots. On slopes 3: 1 or steeper,
sod shall be anchored with steel staples placed 3' apart, with at least two staples per sod
strip.
3. Immediately upon completion of a section of sodding, sod shall be rolled or tamped to
ensure direct contact with the topsoil. Sifted topsoil (sand may be used for Bermudagrass
sod) shall be used to level minor cracks in the joints between sod pads. Excess soil shall be
removed to avoid smothering of adjacent grass.
4. Immediately after, planting, sodded areas shall be watered thoroughly. Sufficient water
shall be applied to ensure penetration of moisture through the bottom of sod pads and into
topsoil to a depth of 4 to 6 inches.
5. Protection of newly sodded areas with boundary fencing, stakes with ribbon, or other means
shall be the responsibility of the Grantee.
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- 47-
Item V-K.3.
ORDINANCES/RESOL UTIONS
ITEM # 59233
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council DEFERRED to the
City Council Session of OCTOBER 13,2009:
Ordinance to AUTHORIZE a temporary encroachment into a portion of
City-owned right-of-way for SAMUEL W. ZIMMER to remove an
existing block paver wall and a portion of an existing brick walk to
construct and maintain a six (6) inch cobblestone curb and modify an
existing cobblestone planter at 53-Yz Street and 5303 Ocean Front
Avenue. DISTRICT 5 - LYNNHA VEN
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
September 22, 2009
II III
- 48 -
Item V-K.4
ORDINANCES/RESOLUTIONS
ITEM # 59234
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED:
Ordinance to ESTABLISH the Virginia Beach Field House Emergency
Shelter at the Princess Anne Commons Athletic Village, which can
accommodate an upper level Category Two Hurricane and TRANSFER
$425,000 from Constitution Drive Extended to the Virginia Beach Field
House Emergency Shelter.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
September 22, 2009
'I "I I
1 AN ORDINANCE TO ESTABLISH CIP 3-150, VIRGINIA
2 BEACH FIELD HOUSE EMERGENCY SHELTER, AND TO
3 TRANSFER FUNDS FROM CIP 2-208, CONSTITUTION
4 DRIVE EXTENDED, TO CIP 3-150
5
6 WHEREAS, the City has reached an agreement with the owners of Virginia
7 Beach Field House, LLC corporation, who will modify the design and construction of the
8 Virginia Beach Field House to be built at the Princess Anne Commons Athletic Village,
9 to provide an emergency shelter, which can accommodate an upper level Category Two
10 Hurricane; and
11
12 WHEREAS, the additional modification cost estimated at $425,000, to be borne
13 by the City, can be provided by transferring from CIP 2-208, Constitution Drive
14 Extended to CIP 3-150, Virginia Beach Field House Emergency Shelter.
15
16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
17 VIRGINIA BEACH, VIRGINIA:
18
19 1. That CIP 3-150, Virginia Beach Field House Emergency Shelter, is hereby
20 established as a capital project.
21
22 2. That $425,000 is hereby transferred from CIP 2-208, Constitution Drive
23 Extended, to CIP 3-150, Virginia Beach Field House Emergency Shelter, to increase the
24 City's inventory of emergency shelters.
25
26 Adopted by the Council of the City of Virginia Beach, Virginia on the 22nd day
27 of September ,2009.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
~chJ(l~
Management Services
ut:~e
-"
CA11287
R-2
September 14, 2009
'1'1 II
Initiative Report
Evacuation Shelter and the Viriinia Beach Field House
INITIATIVE
As the field house is the largest facility under design and soonest to be constructed, City staff has been
investigating the possibility ofpartnering with the private developer to create a solution to our City's need
for an upper level Category Two Hurricane shelter which can accommodate several thousand citizens
during a declared emergency. This facility could also be prepared to receive those citizens who may
require special care.
BACKGROUND
The Virginia Beach Field House started with a vision from a partnership, legally known as Virginia
Beach Field House, LLC, (VBFH, LLC,) who have developed and successfully operated a 75,000
square foot field house in Fredricksburg, Virginia. The Fredricksburg Field House includes five multi-
purpose fields with artificial "field turf," all of the necessary supporting amenities, that offer soccer,
lacrosse, field hockey, flag football, dodge ball, and volleyball all year long in a climate-controlled
environment. VBFH,LLC saw the opportunity to provide that same type of indoor recreational
amenity, but at a much larger scale, for the Hampton Roads area and targeted Virginia Beach as the
location. In October 2006, on a parallel path, the City of Virginia Beach Department of Parks and
Recreation commissioned a market analysis, called the Indoor Sports Venue Feasibility Study, to
determine if such a facility would be a good fit for the Princess Anne Commons area. The study,
conducted by industry leaders Brailsford & Dunlavey, affirmed that the Hampton Roads market was
ripe for such a facility - - a year-round, climate-controlled, state-of-the-art indoor athletic facility for
community recreational use in the Princess Anne Commons area. As recommended in the study, the
City of Virginia Beach coordinated a Request for Proposals (RFP) process to identify potential
developers/long-term operators to not only make an investment to build the facility but to commit to
operating it long-term in Virginia Beach. VBFH,LLC's proposal was determined to be the partnership
which could meet all of the City's expectations for the facility. The facility conceptual plan and
corresponding business plan was fine-tuned and VBFH, LLC is now in the process of having their land
lease with the City executed and their construction plans submitted for City approval. The Virginia
Beach Field House is now planned to be in the heart of the Princess Anne Commons - Athletic Village,
on a lease area of 12.7 acres, with a building size of 150,800 square feet and future expansion potential
of another 35,250 square feet.
On July 23, staff held a meeting with multiple department representation and John and Tom Wack
from the Chesapeake Sports Group. The Wack brothers are the owner/partners ofVBFH, LLC, and are
completing design for the construction of the Virginia Beach Field House in our Princess Anne
Commons Athletic Village adjacent to the Sportsplex.
9/15/2009
1
II 1'1
The purpose of the meeting was to determine the intended occupancy category of the facility, the
structural capacity of the building to withstand wind loads and the capacity of the skin to resist wind
borne debris impacts.
Additionally, we inquired as to the electrical configurations of the intended field house design and the
types of exterior glass and door configurations within the facility.
Both of the Wack brothers were extremely cooperative and took the time to provide a facility briefing
to the staff gathered. Our staff intent was to take advantage of the single largest building which the
City will be constructing that could provide a much needed sheltering capability for our citizens. It is
the determination of staff that we have a need for an increased hurricane category level sheltering
facility. Though we have constructed a few Occupancy Category IV "essential" Public Safety facilities,
the current sheltering facilities for our citizens within the City are limited Occupancy Category III
schools. Thirteen of them are designated as primary shelters and 10 are designated as secondary
shelters. Of the thirteen primary shelters, 12 are rated to withstand a Category One Hurricane (74-96
mph sustained winds). Only one is are able to withstand a low level Category Two Hurricane (96-110
mph sustained winds). The Category Two Hurricane sheltering capacity for the City is approximately
600 individuals. Unfortunately, no special needs shelter has been established for our City. A GIS
product displaying the City's shelters is attached.
It was very clear from our discussions with Chesapeake Sports Group they had a very narrow timeline
focused on opening for business not later than August 2010. Though willing to look at the structural,
electrical, design considerations needed to upgrade the sheltering capacity of the facility they
emphasized their concern not to extend the design and construction time line. Through discussion, both
sides agreed to six action items they willingly agreed to investigate.
CONSIDERATIONS
On August 27, the Chesapeake Sports Group (Wack brothers) returned to meet with staff and provide
their evaluation of the six items. Their PowerPoint presentation is attached. Provided below is the
outcome of the discussion regarding the six items:
1. Provide a description and cost to design and construct the structural and skin improvements
from our intended occupancy category III facility to one which will meet the new 2009 ICC 500
building code requirement of 160MPH 3 second/l30MPH sustained wind rating.
The current design level provides:
. Occupancy Category III (Public Assembly criteria)
. Structural Wind Resistance 110 mph sustained and 130 mph gusts (upper level Hurricane
Category Two).
. Masonry to 10' on exterior.
. Metal sandwich panels above.
. Clerestory of translucent glass fiber reinforced acrylic panels at the eaves.
. Standing seam metal roof.
. Commercial grade glass in entrance way.
. Commercial grade roll up doors.
In order to upgrade structural capacity to withstand the new 2009 ICC 500 building code with a
160/130 mph wind rating the following modifications would be required:
. $400,000 in steel upgrades.
. Because of increased wind lift, five times the amount of current concrete for the foundation at a
cost of at least $1,000,000.
9/15/2009
2
II "I
. Anticipate the need for piles under the foundation to hold up the additional weight (@
$600,000).
. Need for a whole new round of geotechnical studies and reports.
. Not possible on current schedule.
Because of the costs and impact to the project delivery schedule, no further effort was made to pursue a
high level wind resistance rating beyond the proposed design level.
2. Provide a description and cost to design and construct the structural and skin improvements
from our intended Occupancy Category III facility to one that will meet the new 2009 ICe 500
building code requirement for withstanding wind borne debris (9 Ibs 2x4 at 64MPH).
The current status of the facility design for wind blown missile resistance corresponding to the
structural wind resistance capacities of 110 mph sustained /130 mph gusts:
. Standing Seam Roof: Good
. Block Wainscot: Good
. Metal Wall System: Good
. Clerestory: Fails
. Front Entrance: Fails
. Roll Up Door: Fails
Because the structure would fail before meeting the ICC 500 impact requirement, there is no need to
develop a solution to meet the new 2009 ICC 500 building code requirement (9 lb. 2x4, 64 mph)
3. Provide a description and cost to add additional electrical panel(s) to support extra electrical
outlets on the walls adjacent to each of the athletic areas. The concentration of these being in
the hard floored courts area and only a few in the turf and mezzanine areas.
. 36 each duplex outlets 20 amp dedicated circuits 110 volts
$23,700
The City's intent is to have the developer install ample dedicated circuits which will allow us, during
times of emergency sheltering, to connect multiple power strips in support of special care plug-in
requirements. Each circuit can reasonably accommodate 8 to 10 individual outlets.
4. Provide a description and cost to install an electrical quick disconnect on the exterior of the
building where the Dominion Power connection and meter enters for the purpose of allowing
back-up mobile generators to hook up and power the entire facility.
. Quick Connect For Generator
$25,320
Because this facility is serviced by a main Dominion Power distribution station which supports
the Princess Anne Medical Complex, we have a high degree of confidence the new Field House
will receive Level I attention (confirmed via discussion with Max Bartholomew). As such, we
see no need to invest in a permanent back-up generator. A quick connect configuration will
suffice and allow the City staff to plan accordingly.
5. Provide a description and cost to add an exterior slab adjacent to the exterior of the building
where the Dominion Power connection and meter enters for the purpose of allowing two large
generator(s) to be located during emergency periods.
. Generator Slab
9/15/2009
$15,000
3
II "I
This will allow the positioning of mobile generators in advance of a storm event where they can be tied
down and secured.
6. Provide a description and cost to provide storm shutters or equivalent as compared to upgraded
exterior glass and doors of impact resistant types to meet wind borne debris requirements.
The developer was intending to use standard commercial grade glass and doors which would meet the
City's current building codes. Below are the costs to upgrade the glass and doors to correspond to the
110 mph sustained/130 mph gust structural wind load resistance capacity:
1. Entrance Way $67,800
2. Overhead Doors $19,800
3. Glass for Clerestory $237,600
4. Redesign $20,000
Total $345,200
Chesapeake Sports Group's design would move the glass for the clerestory from the top of the wall
sections adjacent to the ceiling down to a mid wall point where additional reinforcing frames and
laminated, impact resistant material would be installed. This will allow them to obtain the natural lighting
desired while improving the resistance to wind and impact.
ALTERNATIVE
A decision not to pursue upgrades to the windows, doors and electrical design would result in our missing
an opportunity to increase the City's inventory of evacuation shelters. Additionally, we will lose the
chance to bring online a special care capable shelter. The next anticipated large building for consideration
of sheltering is the Kellam High School which we fully intend to build even more sheltering capability into
that facility. The Kellam High School is not anticipated to be online for another six years and the cost to
upgrade the storm resistance of the school will be significantly more costly than what we propose to do
with the field house.
RECOMMENDATIONS
It is the recommendation of the staff working group, as verified by the director's signatures, the City
should invest $410,000 in upgrading the windows, doors and electrical capabilities so as to have
available an upper level Hurricane Category Two shelter which can accommodate several thousand
citizens during a declared emergency. This facility will also be prepared to receive those citizens who
may require special care. Adding this facility to our City shelter inventory will provide the emergency
operations planning staff a significant resource. We also believe this will be the first public/private
sheltering partnership in the region that can provide an upper level Hurricane Category Two
accommodation.
To ensure access, and further develop the partnership, the Chesapeake Sports Group is willing to enter
into a long term agreement to make the field house available as a City evacuation shelter during periods
of declared emergency. Preliminary discussions indicate their willingness to operate the kitchen and
provide custodial support during these periods contingent to a mutually beneficial compensation
agreement.
If this initiative has merit, both the construction upgrades and the long term sheltering agreement could
be consolidated into the same binding agreement.
9/15/2009
4
II iii
Fortunately, we have settled on another CIP project (Constitution Drive Extension) and the City funded
portion has come in less than the three year old appropriation. We are recommending the $410,000
needed for the field house upgrades be transferred from CIP 2-208. A copy of the Constitution Drive
budget analysis is attached.
If this is an acceptable arrangement, request we take action immediately to brief the City Council and
draft an ordinance committing the funds. This immediacy will allow the developer to request the
necessary design changes and allow the staff to draft a mutually beneficial binding agreement. The
Chesapeake Sports Group project delivery timeline is to commence construction in November.
Signatures:
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Chief Steve Cover, Fire Department
q -IS-09
Date
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Robert Morin, Human Services J. /' .
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Venita ewby-Owens, Health Department
9 /1'-'- /0 t
Date
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Date
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Date
unity Development
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Date
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Cindy C@iIS, Parks Rec ion
cp,-lt'l
Dat /
nt Services
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Date ,
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Date
David L. a n, Deputy City Manager
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James K. Spore, City Manager
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Date
Date
9/15/2009
5
II
,'I I
- 49-
Item V-.K.5.
ORDINANCES/RESOLUTIONS
ITEM # 59235
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED:
Resolution to COMMEMORATE Robert F. "Bob" Hedrick for his
service to his country, his community and his successful efforts to build
Tidewater, "brick by brick", into what it is today.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
September 22, 2009
11'1
Requested by Vice-Mayor Jones and Councilmembers Davis, DeSteph, Diezel, Dyer,
Uhrin, Villanueva, Wilson, and Wood
1 A RESOLUTION COMMEMORATING ROBERT F.
2 "BOB" HEDRICK
3
4 WHEREAS, Robert F. "Bob" Hedrick was a forty-year resident of Virginia Beach
5 who was born in 1940 and grew up in Newport News;
6
7 WHEREAS, after high school, Bob joined the United States Marine Corps, and
8 his service in the corps instilled in him a great love of country and the values of being a
9 great American;
10
11 WHEREAS, his subsequent international work for the Army Corps of Engineers
12 included work on the Underground Command Center in Riyadh, Saudi Arabia, which
13 General Norman Schwarzkropf later used when commanding Operation Desert Storm;
14
15 WHEREAS, Bob later became part-owner, and then full-owner of Sprinkle
16 Masonry;
17
18 WHEREAS, the results of Bob's dedicated and outstanding work with Sprinkle
19 Masonry can be seen in the well-recognized facades that illuminate the Tidewater
20 region, including MacArthur Center, Children's Hospital of the King's Daughters, Maury
21 High School, the Meyera E. Oberndorf Central Library, the Virginia Air and Space
22 Museum, several Virginia Beach recreation centers, and countless Tidewater schools
23 and government projects, as well as projects in North Carolina, West Virginia, and
24 Pennsylvania;
25
26 WHEREAS, "Quality work for a good price" was the centerpiece of Bob's
27 business philosophy;
28
29 WHEREAS, his efforts to help others was one of his greatest attributes, and he
30 fervently sought to ensure that others would be afforded the same opportunities that he
31 received;
32
33 WHEREAS, Bob's selfless efforts on the behalf of others included his early
34 advocacy on behalf of women in construction, including his staunch support of the
35 National Association of Women in Construction;
36
37 WHEREAS, Bob also served as a member of the National Federation of
38 Independent Business, as a board member of both Liberty Mutual Insurance and the
39 Mason Tenders Union, and his membership in the Construction Estimators Association;
40
41 WHEREAS, Bob's commitment to public service and his community led him to
42 run for City Council and to be a vocal advocate for Virginia Beach's citizens and
43 taxpayers; and
II 'I I
44 WHEREAS, Bob's love of country and his community was surpassed only by his
45 love of his devoted wife, Toni, his beloved children-Donald, Robert, and Deborah-
46 and his five grandchildren- Tricia, Heather, Christina, Jacob, and Jordan-all of Virginia
47 Beach.
48
49 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
50 VIRGINIA BEACH, VIRGINIA:
51
52 That the City Council hereby commemorates Robert F. "Bob" Hedrick for his
53 service to his country and his community, including his successful efforts to build
54 Tidewater, "brick by brick," into what it is today.
55
56 Adopted by the City Council of the City of Virginia Beach, Virginia, this ??nn
57 day of September , 2009.
APPROVED AS TO LEGAL
SUFFICIENCY:
::e ~ -y-
City Attorney's Office
CA11282 R-2 September 15,2009
II ,'I I
- 50 -
Item V-K.6.
ORDINANCES/RESOLUTIONS
ITEM # 59236
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED:
Resolution to REFER to the Planning Commission, for consideration
and recommendation, an Ordinance to AMEND 9211 of the City Zoning
Ordinance (CZO) re political campaign signs.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
September 22, 2009
II ,'I I
1 A RESOLUTION REFERRING TO THE
2 PLANNING COMMISSION AN ORDINANCE
3 TO AMEND SECTION 211 OF THE CITY
4 ZONING ORDINANCE PERTAINING TO
5 POLITICAL CAMPAIGN SIGNS
6
7 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
8 VIRGINIA BEACH, VIRGINIA:
9
10 That the above-entitled ordinance, a copy of which is attached, is hereby referred
11 to the Planning Commission for its consideration and recommendation.
12
13 Adopted by the City Council of the City of Virginia Beach, Virginia, this 22nd
14 day of September , 2009.
APPROVED AS TO LEGAL SUFFICI CY:
-----
City Attorney's Office
CA11283
R-1
September 4,2009
;1
11'1
1 AN ORDINANCE TO AMEND SECTION 211
2 OF THE CITY ZONING ORDINANCE
3 PERTAINING TO POLITICAL CAMPAIGN
4 SIGNS
5
6 Section Amended: 9211
7
8 WHEREAS, the public necessity, convenience, general welfare and good zoning
9 practice so require;
10
11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
12 BEACH, VIRGINIA:
13
14 That Section 211 of the City Code is hereby amended and reordained to read as
15 follows:
16
17 APPENDIX A ZONING ORDINANCE
18
19
20 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO
21 ALL DISTRICTS.
22
23
24 B. SIGN REGULATIONS
25
26
27 Sec. 211. Signs permitted in all districts.
28
29 The following types of signs are exempted from all of the provisions of this
30 ordinance, except for illumination, construction, and safety regulations and the following
31 standards:
32
33 (a) Public signs. Signs of a noncommercial nature and in the interest of,
34 erected by or on the order of, a public officer in the performance of his
35 public duty, such as directional signs, regulatory signs, warning signs, and
36 informational signs.
37
38
39 (e) Political campaign signs. Signs announcing candidates seeking public
40 political office and other data pertinent thereto shall be permitted up to a
41 total area of eight (8) square feet for each premises in a residential zone
42 and thirty-two (32) square feet in a commercial or industrial zone. These
43 Such signs shall be confined within private property and shall not
44 encroach into the visibility triangle at street intersections. Those signs may
45 be displayed sixty (60) days prior to and se'./en (7) days after the election
46 for ,:..hich intended. In cases where a final election follo'Ns a primary
II "I
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
election, those candidates who 'lion in the primary election may continue
to display their signs during the interim period and up to seven (7) days
after the final election.
(h) Commercial signs used for political campaign advertising. Commercial
signs may be used for political campaign advertising.:.., sixty (60) days prior
to and seven (7) days after the election for which intended. In cases where
a final election follm\'s 3 primary election, those candidates who v:on in the
primary election may continue to display their signs during the interim
period 3nd up to seven (7) days 3fter the fin31 election.
The political campaign advertisement shall encompass the entire surface
area upon which it is placed. The advertisement shall be secured to the
commercial sign in a manner acceptable to the department of permits and
inspections.
COMMENT
These amendments delete the provision regarding time limitations for political campaign
signs. The deletion of durationallimits for political campaign signs is the result of a U. S. District
Court decision which held that such limits on signs posted on private property are unconstitutional.
of
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2009.
day
----
APwJC;~~frr::lCY:
City Attorney's Office
CA 11261
R-5
September 2, 2009
II
- 51 -
Item V-K.7.
ORDINANCESIRESOLUTIONS
ITEM # 59237
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, AS
REVISED*:
Resolution re the 2010 Community Legislative Agenda and
REQUESTING support of same by the City's local General Assembly
Delegation.
Mayor Sessoms advised the Hampton Roads Realtors requested Proposal 3 and 5 be pulledfrom the
Legislative Agenda. This will allow a committee to be formed to discuss their working together
3. Allow the City to Make Exterior Repairs on Certain Structures Requested
By the Department of Housing and Neighborhood Preservation.
5. Authority to Hold a Property Owner's Agent, Property Manager, or the
Responsible Party, Accountablefor Violations of the Rental Ordinances
Councilman Davis request was ADDED to the Agenda::
REQUEST that State Legislation provide localities a choice between
providing new employees with a "Defined Benefit Retirement Plan" or
a "Defined Contribution Retirement Plan.
Councilman Diezel requested Item 16a be removedfrom the Legislative Agenda:
16a. Alternate Version: Job-Related Disability Retirement: Alternate Eligibility
Guidelines
Councilman DeSteph requested Item 20 be DEFERRED to have information provided re the effect.
20. ModifY the Virginia Telecommunication Sales and Use Tax Act regard
to the Communications Services Provider Discount
Item 24 shall be removedfrom the Legislative Agenda:
24. Property Tax Abatements for Homes on the Virginia Landmark Register
Transportation Funding shall be added
September 22,2009
II 011 I
- 52 -
Item V-K.7.
ORDINANCES/RESOLUTIONS
ITEM # 59237 (Continued)
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
Council Lady Henley voted a VERBAL NAY on City of Virginia Beach 2010 Requested Code of
Virginia Changes: Item 2: Passing Bicycles
September 22, 2009
II 'I
1 A RESOLUTION ADOPTING THE CITY'S 2010
2 LEGISLATIVE AGENDA
3
4 WHEREAS, the City Council traditionally adopts a Legislative Agenda and
5 requests member of the City's local delegation to the General Assembly sponsor and/or
6 support legislation therein; and
7
8 WHEREAS, the City Council has considered a number of goals and objectives
9 for inclusion in the City's 2010 Legislative Agenda.
10
11 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA:
13
14 That the City Council hereby adopts the City's 2010 Legislative Agenda, which is
15 attached hereto as Exhibit A and is hereby incorporated by reference.
16
17 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
18 BEACH, VIRGINIA:
19
20 That the City's Delegation to the General Assembly is hereby requested to
21 sponsor and/or support legislation in the 2010 Session of the General Assembly that
22 would carry out the goals and objectives of the City as set forth in its Legislative
23 Agenda.
24
25 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
26 BEACH, VIRGINIA:
27
28 That the City Clerk is hereby directed to transmit a copy of this resolution to each
29 member of the City's local Delegation to the General Assembly.
30
31 Adopted by the City Council of the City of Virginia Beach, Virginia, this ? ?nd
32 day of November , 2009.
APPROVED TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
-;:e~ ~
City Attorney's Office
CA 10851
R-2
September 22,2009
'I "II
City e>f -Virgi~ia Beach
VBgov.com
W1LWM 0 SESSOMS. JIl
MAYOR
t.lJNICIPAl CENTER
BUlDING 1
240 1 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9001
(757) 38S-4581
FAX (757) 4~5699
WSESSOMSaWGO\I C0t.4
September 23, 2009
Members of the Virginia Beach General Assembly Delegation
Subject: 2010 Adopted Legislative Agenda
Dear Honorable Senators and Delegates:
Please find attached a copy of the 2010 Legislative Agenda that was adopted by the City Council on
September 2200. I think you will see a number of the issues that were brought up in the joint meeting we
had with you, City Council, the School Board and community groups earlier this year.
Bob Matthias will be contacting you in the very near future in attempts to find patrons for the items. As
you know, this year he will be assisted by Angie Bezik and Ann Flandermeyer of Principle Advantage,
Ltd.
This will be very difficult for the General Assembly and Commonwealth. With the continued poor
economic outlook for the State and localities, we must work together to address the needs of our citizens
to the best of our collective ability.
Sincerely,
jV~
William D. Sessoms, Jr.
Mayor
WDS!RRM/amg
Cc: Honorable Members of the City Council
James K. Spore, City Manager
Bob Matthi:ls, Assistant to the City Manager
Angela I. Bezik, Principle Advantage, Ltd.
Ann E. Flandermeyer, Principle Advantage, Ltd.
Ruth Fraser, City Clerk
II 1'1
LEGISLATIVE AGENDA
GENERAL ASSEMBL)( SESSION 2010
CITY OF VlR6/NIA BEACH
'~
.*
I{ ...
-
l '" T .
,
BUILDING "A COMMUNITY FOR A LIFETIME"
MUNICIPAL CENTER BUILDING ONE
2401 COURTHOUSE DRIVE, SUITE 234
VIRGINIA BEACH, VIRGINIA 23456
Adopted September 22, 2009
,I ,I I
2010 LEGISLATIVE AGENDA
CITY OF VIRGINIA BEACH
TABLE OF CONTENTS
T ABLE OF CONTENTS -
PREFACE -
CITY OF VIRGINIA BEACH 2010 REQUESTED CODE OF VIRGINIA CHANGES-
1. Following Too Closely
2. Passing Bicycles
3. Authority to Collect the Costs Incurred with the Abatement of Graffiti and
other Defacements on Commercial Property
4. Industrial Revenue Bonds
5. Admissibility of Sound Meter Calibration Certificates
6. Authority to Amend Photo-Monitoring System Processing
7. Authority to Use Photo-Monitoring System Information for Employee
Discipline Purposes
8. Carrying Concealed Weapons in VehicleslButterfly Knives
9. Daily Pawn Reports
10. Issuance of a Warrant in a DUI Case by an Officer Based on the
Observations of the Arresting Officer
11. Processing Prior to Release on Recognizance Bonds
12. Civil Penalties for Violations of Sewer Use/Fats, Oils and Grease (FOG)
Ordinances
13. Prohibit Possession of Firearms and other Delineated Weapons in Mental
Health Facilities
14. lob-Related Disability Retirement: Alternative Eligibility Guidelines
15. Post Labor Day Opening for Schools
16. Court Fines and Fees
17. Courthouse Maintenance Fees
18. Ownership of State-Owned Bottomlands after Placement of Fill
19. Technical Amendment Regarding Voting Required for Board of Zoning
Appeals' Actions
20. Expansion of the Virginia Human Rights Act
21. Transportation Funding
22. State Legislation that would Enable Localities to have a Choice between
providing New Employees with a Defined Benefit Retirement Plan or a
Defined Contribution Retirement Plan
CITY OF VIRGINIA BEACH FUNDING ITEMS -
1. Support for Increased Funding for the Governor's Opportunity Fund
2. Funding for the Virginia Tourism Corporation
3. Continue Funding for BRAC Effort
Page 2
>, ,1 L' <' "....~ p ~ ~ j ,
Page #
2-3
4-5
6-29
6
7
8
9
10
11
12
13
14
15
16
17
18
19-20
21
22
23
24
25
26
27
28-29
30-33
31
32
33
ApPENDIX: DRAFTS OF PROPOSED LEGISLA nON - KEYED TO REQUESTED CODE
CHANGES
1. Following Too Closely
2. Passing Bicycles
5. Admissibility of Sound Meter Calibration Certificates
6. Authority to Amend Photo-Monitoring System Processing
7. Authority to Use Photo-Monitoring System Information for Employee
Discipline Purposes
8. Carrying Concealed Weapons in Vehicles/Butterfly Knives
9. Daily Pawn Reports
10. Issuance of a Warrant in a DUI Case by an Officer Based on the
Observations of the Arresting Officer
11. Processing Prior to Release on Recognizance Bonds
12. Civil Penalties for Violations of Sewer Use/Fats, Oils and Grease (FOG)
Ordinances
18. Ownership of State-Owned Bottomlands after Placement of Fill
19. Technical Amendment Regarding Voting Required for Board of Zoning
Appeals' Actions
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Page #
34-52
35
36
37
38-39
40-43
44
45
46-47
48
49-50
51
52
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11 "I I
2010 LEGISLATIVE AGENDA
CITY OF VIRGINIA BEACH
PREFACE
The 2010 Session of the General Assembly will be of vital importance to the Commonwealth
of Virginia. Besides setting the budget for the next two years, the General Assembly
Members and administration will also be faced with addressing unprecedented revenue
shortfalls brought about by the worst financial setback in the economy since the Great
Depression. Also other policy decisions affecting the daily lives of Virginians will be
considered.
One of the overriding issues that must be addressed by the 2010 Session of the General
Assembly is transportation. One example of the tremendous shortfall of transportation
funding in Virginia is that just a few years ago, the City of Virginia Beach received over $32
million a year in urban funding to build city streets. Starting in 2010 we will be receiving
zero dollars from the Commonwealth. Moreover, it is probable that the Commonwealth is
now unable to match every dollar in Federal Transportation dollars available to Virginia
meaning that even the interstate system is suffering tremendous cutbacks. This shortfall in
transportation funding becomes even more apparent because of the recent announcement by
the Commonwealth that the current six-year plan will have to suffer another $900 million
cutback.
The General Assembly has attempted repeatedly to address transportation over the last
several years. These attempts have fallen short. For instance, House Bill 3202's major
revenue sources were found to be unconstitutional. Furthermore, the $3 billion in debt
authorized to be issued under that legislation has been substantially unused because of the
Commonwealth's inability to provide the required debt service.
Although public-private partnerships i.e. toll roads, are key to addressing transportation
shortfalls other revenues are needed. Very few of the projects proposed in the Hampton
Roads Six Major Projects Plan for instance are stand alone toll feasible projects. They need
other resources of money to make them feasible unless the tolls are so high as to be self
defeating. For instance, the Rt. 460 Project has gone through multiple years of review as a
public-private project. However, only one proposer is still in the game and it is estimated
that over $50 million a year in revenue is needed above and beyond fairly substantial tolls to
make this project a reality. Obviously, those additional monies are not available within the
current revenue structure.
While public-private partnerships will have a key in addressing transportation needs in the
future, they are not a panacea. For instance, although it was estimated that the Mid-Town
Tunnel Project could be completed as a stand-alone PPT A project as long as it was tolled
along with the Downtown Tunnel, it now seems that although it will be toll feasible, the tolls
will be considerably higher than what were projected a few short years ago.
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Transportation must be addressed and addressed comprehensively, both state-wide and in the
two areas of the State where transportation has become a quality of life issue; northern
Virginia and Hampton Roads. In order for the timely movement of people, goods and
services to continue and for Virginia to remain competitive, new revenues must be directed
to transportation needs as soon as possible.
The City Council has also continued to be concerned about the level of funding available for
basic services like education, social services and public safety. Although at the time of the
adoption of this package, the proposed cuts to the budget in the current fiscal year and the
Governor's proposal for the next biennium are unknown, it is likely that education, which has
so far missed having substantial cuts, mainly through the intervention of Federal Stimulus
funds, will likely be cut for FYI0 and also in the upcoming fiscal year. There is also
discussion by some General Assembly Members to redefine public school teachers as local
government employees, pushing more of the responsibility for the cost of these employees
back on the localities as a way of reducing the state cost.
Finally, other services, as mentioned above such as social services, public health, mental
health and public safety have suffered under the budget cuts required by the current fiscal
situation. The General Assembly is requested to ameliorate those cuts as soon as possible.
City Council has repeatedly said, the State should fully fund the true cost of State
government services such as courts, corrections, mental health services and public health.
F or several years the City has paid a larger and larger share of these state responsibilities in
order to retain employees to provide critical services to our citizens.
Post Script:
The Virginia Beach City Council has not included any funding items for any non-state
agencies or activities in this request other than transportation. Although there are certainly
many requirements for expanded funding, the City Council recognizes the current
circumstances that make extension of funding for non-state agencies impossible at the
present time.
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CITY OF VIRGINIA BEACH
2010 REQUESTED CODE OF VIRGINIA CHANGES
1. FOLLOWING Too CLOSELY
Council Member Bill DeSteph
Background Information:
State law currently provides that a driver shall not follow a motor vehicle, trailer, or semitrailer
more closely than is reasonable and prudent, having due regard to the speed of both vehicles and
the traffic and highway conditions. The law does not, however, prohibit following too closely
behind a bicycle.
Request:
Add bicycles to the list of vehicles for which it is illegal to follow too closely. See Appendix
Item 1 (page 35) for text of the requested legislative change.
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2. PASSING BICYCLES
Council Member Bill DeSteph
Background Information:
State law currently provides that a driver overtaking a bicycle shall pass at least two feet to the
left of the overtaken bicycle and not proceed to the right side of the highway until safely clear of
the overtaken bicycle. A nationwide movement on behalf of bicyclists has sought to broaden the
clearing distance to three feet, and such changes have been enacted in several other states. This
change would better protect the safety of both bicyclists and motorists.
Request:
Change the passing distance from two feet to three feet. See Appendix Item 2 (page 36) for text
of the requested legislative change.
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3. AUTHORITY TO COLLECT THE COSTS INCURRED WITH THE ABATEMENT OF GRAFFITI
AND OTHER DEFACEMENTS ON COMMERCIAL PROPERTY.
Andy Friedman
Department Director
Department of Housing and Neighborhood Preservation
Background Information:
Section S 15.2-908 of the Code of Virginia gives the City the authority to enact an ordinance to
enforce the removal of graffiti and other defacements on private property when visible from the
public right-of-way.
The city annually appropriates funding that is used to provide free graffiti abatement services to
residents and property owners. The cost of abating graffiti on commercial property in 2008-2009
was $15,357, which represented 58% of total abatement costs. In some cases vacant property can
be the subject of multiple graffiti defacements, resulting in significant costs. For example, the
vacant gas station at Laskin Road and Birdneck has had to be abated four times.
Although many commercial property owners have the financial capability of abating graffiti, and
most do so quickly and on their own, the few who don't cause the public to incur significant
costs. It is therefore requested that state authority be granted to charge owners who fail to
remove it in a timely manner for the abatement costs. If this authority is obtained and then
enacted into city code, it would provide an additional incentive for owners who currently do not
conduct abatement to implement graffiti deterrence measures including security cameras,
graffiti~resistant surfaces, or additional security patrols, as well as to abate the graffiti themselves
when it occurs.
For FY 07/08, the city contractor abated 161 total cases of graffiti at a cost of $36,791. Of those
cases, 41 were commercial properties at a cost of $14,634.
For FY 08/09, the city contractor abated 214 total cases of graffiti at a cost of $26,203. Of those
cases, 81 were commercial properties at a cost of$15,357.
Request:
Commercial property owners have an obligation to, and generally do keep their properties
maintained to attract tenants and customers, and often have the necessary maintenance staff and
resources available to abate graffiti themselves This request would provide a tool to address
those few who do not abate the graffiti themselves.
The City requests the General Assembly amend Virginia Code S 15.2-908 entitled "Authority of
localities to remove or repair the defacement of buildings, walls, fences and other structures" to
provide localities the authority to collect the costs incurred for the abatement of graffiti and other
defacements on commercial property.
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4. INDUSTRIAL REVENUE BONDS
Warren Harris
Department Director
Department of Economic Development
Background Information:
In the 2003 General Assembly session, the General Assembly approved an act to amend the
definition of "eligible business" in the Virginia Small Business Financing Act (Va Code Sec.
2.2-2279) per the Virginia Small Business Financing Authority's (VSBF A) request. This
amended definition allows the VSBF A to issue bonds not only for small businesses, but also to
50 I (c)(3) organizations of any size. Prior to the amendment, the VSBFA could only issue bonds
to for-profit entities meeting gross income, employment, and net worth limits. In contrast to
those limits applicable to for-profit organizations, the amended definition includes all 501(c)(3)
organizations.
Currently, the Virginia Beach Development Authority (Authority) has issued, and plans to issue,
bonds for 501(c)(3) organizations, including Sentara's current facilities as well as future facilities
(Princess Anne Sentara Hospital) located in Virginia Beach. The Authority currently receives
1/8 of I % of the outstanding principal of the bonds as an administrative fee on an annual basis.
This is a major revenue stream used to fund the Authority's operations. The VSBFA's policy
caps the administrative fees at $75,000 per year for non-profits, which is forcing some
Development Authority's in Hampton Roads to reduce the 1/8 of I % administrative fee that is
currently in place. If larger non-profits begin to use the VSBF A, the revenue stream that is
available for the Authority will be significantly reduced, which will negatively affect economic
development activities in the community.
Request:
To resolve this issue, we request that this loophole be closed by executive action. We must
revert back to the former definition of eligible business or at a minimum, apply some sort of cap
for non-profits that the VSBF A can utilize without undermining local development authorities.
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5. ADMISSIBILITY OF SOUND METER CALIBRA TION CERTIFICATES
Chief A.M Jacocks
Chief of Police
Department of Police
Background Information:
This recommendation provides for a new code section to allow sound meter calibration
certificates to be introduced into evidence in court. The new section would provide additional
authority for the Division of Purchases and Supply to establish standards for sound meters.
Request:
See Appendix Item 5 (page 37) for text of the requested legislative change.
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6. AUTHORITY TO AMEND PHOTO-MoNITORING SYSTEM PROCESSING
Chief A,M Jacocks
Chief of Police
Department of Police
Background Information:
The City requests that the General Assembly change Sections G and H of Virginia Code S 15.2-
968.1 to modify Sections G of the statute to allow the recipient of a summons up to 30 days to
review the summons before making a response. Currently Section G provides the recipient of a
summons up to 60 days to review the summons. This will expedite the closure of a case and
allow quicker destruction of data as required by the statute.
Section H prohibits (restricts) photo red light enforcement vendors from directly accessing DMV
files to obtain the registered owner info from license plates displayed on vehicles that violate the
red light. Thus, police departments who manage these systems in VA must access that info and
provide it to the vendor. As far as we know, this requirement exists only in VA. The proposal is
to allow the vendors, who already have NLETS access, to use NLETS to directly access the
DMV files themselves.
Request:
See Appendix Item 6 (pages 38-39) for text of the requested legislative change.
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7. AUTHORITY TO USE PHOTO-MONITORING SYSTEM INFORMATION FOR EMPLOYEE
DISCIPLINE PURPOSES
Chief A.M Jacocks
Chief of Police
Department of Police
Background Information:
Under the current provisions of Code of Virginia Section 15.2-968.1.H. "Information collected
by a traffic light signal violation monitoring system installed and operated pursuant to subsection
'A' shall be limited exclusively to that information that is necessary for the enforcement of
traffic light violations. Notwithstanding any other provision of the law, all photographs,
microphotographs, electronic images, or other personal information collected by a traffic light
signal monitoring system shall be used exclusively for enforcing traffic light violations..." As
such, a locality operating such a system may not use the photograph to discipline employees who
are determined to be the drivers of locality-owned vehicles that are captured by the system
running a red light.
Request:
The proposed amendment will allow such information to be used for locality employee discipline
purposes.
See Appendix Item 7 (pages 40-43) for text of the requested legislative change.
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8. CARRYING CONCEALED WEAPONS IN VEHICLES/BuTTERFL y KNIVES
Chief A.M Jacocks
Chief of Police
Department of Po/ice
Background Information:
Virginia Code S46.2-373 does not currently provide for a violation for carrying weapons in
vehicles which are hidden from common observation.
Request:
The City requests that the General Assembly change Section A of Virginia Code ~ 18.2-308 to
incorporate butterfly knives into the code as illegal to possess and would provide enforcement
for this violations.
See Appendix Item 8 (page 44) for text of the requested legislative change
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9. DAILY PAWN REPORTS
Chief A,M Jacocks
Chief of Police
Department of Police
Background Information:
The current statute allows towns with populations between 13,000-14,000 to adopt an ordinance
requiring a pawnbroker to file daily reports electronically. The change would allow any locality,
by adopting an ordinance, to require that pawnbrokers submit electronic reports. This would
reduce workloads to process pawn records in compliance with state mandates and align with
universal business practices of using computers in business transactions.
Request:
See Appendix Item 9 (page 45) for text of the requested legislative change.
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10. ISSUANCE OF A WARRANT IN A DUI CASE BY AN OFFICER BASED ON THE
OBSERVATIONS OF THE ARRESTING OFFICER
Chief A.M Jacocks
Chief of Police
Department of Police
Background Information:
The City requests that the General Assembly change Virginia Code S 19.2-81 to enable a police
officer to stop and arrest an intoxicated driver and transfer that arrest to another police officer.
This change would allow supervisors and specialized officers, such as K-9 and SWAT officers,
to remain available. The arresting officer or supervisor would still appear in court to testify.
This recommended change is similar to the modification that was made several years ago to
allow marine police officers to transfer a boating under the influence violation to another police
officer.
Request:
See Appendix Item 10 (pages 46-47) for text of the requested legislative change.
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11. PROCESSING PRIOR TO RELEASE ON RECOGNIZANCE BONDS
Chief A.M Jacocks
Chief of Police
Department of Police
Background Information:
The City requests that the General Assembly change Section 4 of Virginia Code S 19.2-123 to
clarify that in the event a person is released on recognizance, such release shall be predicated
upon mandatory processing procedures, such as fingerprinting.
Request:
See Appendix Item 11 (page 48) for text of the requested legislative change.
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12. CIVIL PENALTIES FOR VIOLATIONS OF SEWER USE/FATS, OILS AND GREASE (FOG)
ORDINANCES
Thomas M Leahy. III
Department Director
Department of Public Utilities
Background Information:
The City of Virginia Beach, along with other Hampton Roads localities and sewer authorities,
entered into a Regional Consent Order with the Virginia Department of Environmental Quality
(VDEQ) requiring the City, among other things, to take affirmative measures to reduce sanitary
sewer overflows. As a result, the City adopted ordinances in February 2009 governing
discharges into the public sanitary sewer system. While the ordinances contain enforcement
provisions, the City lacks the authority to impose civil penalties upon violators. Civil penalties
are an effective enforcement tool, and are used in enforcing the City Zoning Ordinance,
Chesapeake Bay Preservation Area Ordinance, Wetlands Ordinance, and other City ordinances.
Request:
The City requests the General Assembly to add language to the Virginia Code S 15.2-2122 that
would allow the City to include civil penalty provisions in its Sewer Use and FOG Ordinances.
See Appendix Item 12 (pages 49-50) for text of the requested legislative change.
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13. PROHIBIT POSSESSION OF FIREARMS AND OTHER DELINEATED WEAPONS IN MENTAL
HEAL TH FACILITIES
Bob Morin
Department Director
Department of Human Services
Background Information:
The General Assembly passed legislation in 2003 (codified at Virginia Code S 15.2-915) which
prevents localities from prohibiting or restricting the carrying of weapons into City buildings.
As a result, the City may no longer prohibit people from bringing firearms into the City's Mental
Health and Mental Retardation and Substance Abuse Services facilities.
Request:
Code of Virginia S 18.2-308.1 prohibits the possession of firearms and other delineated weapons
on school property. The City requests that the General Assembly enact a similar statute that
would prohibit weapons on the premises of any Mental Health or Mental Retardation and
Substance Abuse facility that is operated by a governmental entity, except when such weapons
are in the possession of licensed security personnel or law enforcement officers.
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14. JOB-RELATED DISABILITY RETIREMENT: ALTERNATIVE ELIGIBILITY GUIDELINES
Patti Phillips
Department Director
Department of Finance
Background Information:
The current VRS disability retirement code prOVIsIOns provide for employees to retire on
disability if they cannot perform the job for which they were hired and the disability is a result of
a job-related injury. This is the case even if the employee is medically able to perform other
work without diminution of salary or benefits within the local government.
Problem:
VRS' eligibility determination process for disability retirements does not afford localities the
opportunity to provide employees an alternate position within the employee's medical
capabilities.
Presently employees are entitled to disability retirement when an injury renders them unable to
perform the essential functions of their specific job. In some cases; however, the employee is
capable of performing other work and the locality may have alternate positions available for the
employee within the parameters of the employee's medical restrictions.
Providing an option to employers to locate other jobs within the organization with comparable
pay, and allowing or requiring employees who are medically able to perform work to accept an
alternate position within the locality would be less expensive for the VRS system and the
employer. Likewise, it would provide continuous employment and benefits for the employee.
Request:
The General Assembly is requested to amend Virginia Code ~ 51.1-156 Disability retirement to
provide additional eligibility criteria for a job-related disability retirement to provide that
employees must be totally and permanently disabled from their current job and other positions
with comparable pay within their employer's organization or to allow a local government
employer the option to review the knowledge, skills and abilities of employees with job-related
injuries and advise VRS if alternate positions are available; and for VRS to deny an employee
who is determined to be medically capable of performing an alternate position eligibility for job-
related disability retirement pursuant to the following guidelines:
1. If the employee cannot perform the essential functions of the job for which he/she was
hired and the local government cannot retain the employee in that position; THEN, the local
government shall have the option of finding an available alternate position within its
organization or affiliated organizations (locality, school board, development authority,
constitutional offices) (a) for which the employee is qualified, or can be qualified, that is within
the employee's medical restrictions; (b) that does not result in a diminution of salary or
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benefits; and (c) that has been offered to the employee. IF the locality chose to and was
successful in finding an alternate position, the employee is capable of performing other work,
and the alternate position is offered, the employee would not be eligible for disability retirement.
Rather he/she would be required to accept the alternate position.
2. a. In the case of law enforcement employees: if the local government chooses to find
an alternate position within its organization or affiliated organization and one is available within
the employee's medical restrictions, that would not result in a diminution of salary or benefits,
then any person disabled in any covered public safety position who (1) has at least fifteen (15)
years of service in a LEO covered position and (2) who takes municipal employment in a non-
covered position with the same local government shall retain the rights to the annual allowance
in Virginia Code S 51.1-217 when they qualify for a service retirement. In addition, if said
member retires with a service retirement at 25 years or more the service retirements will be
unreduced. [This would also require an amendment to 51.1-138 or creation of a 51.1-138.1.]
b. If the local government chooses to find an alternate position and one is available
within the employee's medical restrictions, that would not result in a diminution of salary or
benefits, then in the case of law enforcement employees with at least fifteen (15) years of service
in a LEO position and who accept an alternate non-LEO position, upon service retirement from
the same local government, the employee would be eligible, upon request, to obtain a retired
law-enforcement officers photo identification card. [This provision would also require an
amendment to S9.1-1000.]
Code provisions affected: S 51.1-156 Disability retirement; S51.1-138. Benefits, and S9.1-1 000.
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15. POST LABOR DAY OPENING FOR SCHOOLS
Background Information:
The total economic impact of the tourism industry in Virginia Beach for calendar year 2008 was
$1.42 billion, stimulating 13,600 jobs. Starting schools in Virginia Beach and other localities in
the Commonwealth prior to Labor Day would have significant financial consequences in the
long term. Beginning schools prior to Labor Day would effectively reduce the available vacation
time in August by two weeks, which is prime family vacation time that cannot be replaced. If
the Virginia Beach school system begins before Labor Day and other localities follow our lead, it
will have a negative effect on the economic impact of the tourism industry. To a lesser extent,
this will also have an impact on this industry by affecting the labor pool available prior to Labor
Day.
Request:
The General Assembly is requested to maintain the existing legislation concerning post Labor
Day opening of schools. This allows all schools to open after Labor Day except those given
exemptions by the State Board of Education.
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16. COURT FINES AND FEES
James K. Spore
City Manager
City of Virginia Beach
Background:
On April 3, 2007, Virginia Beach City Council appointed a Blue Ribbon Tax, Fee and Spending
Task Force. It was created to identify alternative tax and fee funding sources and spending
policies and strategies; moreover it was divided into revenue and expenditure committees.
On November 30, 2007, the Task Force presented revenue generating recommendations to City
Council. In the final report, they indicated a need to increase court fines and fees to offset the
cost of police officer court appearances and overtime associated with their presence.l
Presently, the fines and fees offset 100% of the courts operating costs with an additional 2% for
all other additional costs. While the 2% can be applied toward the cost of police officer presence,
the offset is minimal.
Request:
Request that the General Assembly adjust the maximum misdemeanor fine schedule annually by
the rate of inflation.
I Blue Ribbon Tax, Fee and Spending Task Force Report to Council, November 30, 2007, Sec. 7.4j, p. 19.
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17. COURTHOUSE MAINTENANCE FEE
James K. Spore
City Manager
City of Virginia Beach
Background Information:
On April 3, 2007, Virginia Beach City Council appointed a Blue Ribbon Tax, Fee and Spending
Task Force. It was created to identify alternative tax and fee funding sources and spending
policies and strategies; moreover it was divided into revenue and expenditure committees.
On November 30, 2007, the Task Force presented revenue generating recommendations to City
Council. In the final report, they indicated a need to increase the courthouse maintenance fee
biennially to keep pace with the cost of maintaining the City's courthouse.2
Presently, the City of Virginia Beach's rate is $2/criminal or traffic case, and the City's caseload
is the highest in the state. The cost of maintaining this heavily used facility is increasing.
Request:
In accordance with the Blue Ribbon Committee's suggestion, the City of Virginia Beach requests
the General Assembly allow localities to adjust the courthouse maintenance fee schedule to
reflect a biennial increase based upon the rate of inflation.
If the fee would have been indexed against inflation five years ago, the City would have
increased revenues 5.18% and generated an additional $47,000. Table 1 indicates the adjusted
fee based upon the rate of inflation for the past five years.
Courthouse Maintenance Fees
Fiscal Actual Inflated Revenue Percent
Year CPl1 Inflation Fee Revenues Revenues Change Change
2008 132.157 7.01% 2.29 $ 152,422 $ 174,706 $ 22,284 14.62%
2007 126.204 2.14 149,636 160,278 10,642 7.11%
2006 123.5 7.11% 2.14 202,021 216,388 14,367 7.11%
2005 118.6 2.00 199,620 199,620 - 0.00%
2004 115.3 2.00 208,647 208,647 - 0.00%
Total $ 912,346 $ 959,640 $ 47,294 5.18%
Table 1
Source: Virginia Beach Department of Management Services
2 Blue Ribbon Tax, Fee and Spending Task Force Report to Council, November 30, 2007, Sec. 7.4a, p. 16.
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18. OWNERSHIP OF STATE-OWNED BOTTOMLANDS AFTER PLACEMENT OF FILL
Mark D. Stiles
City Attorney
City Attorney's Office
Background Information:
During the pendency of the City's application to the Virginia Marine Resources Commission
(VMRC) to allow sand from the Army Corps of Engineers' Lynnhaven Inlet Federal Navigation
Channel dredging project to be placed on Cape Henry Beach, the City agreed to sponsor
legislation confirming that the Commonwealth's ownership of the submerged lands seaward of
the mean low water mark would not change as a result of the placement of fill.
Request:
The City requests the General Assembly to amend Virginia Code Section 28.2-1200.1 to confirm
that the Commonwealth's ownership of such lands does not change as a result of their being
filled. The amendment would be declarative of existing law.
See Appendix Item 18 (page 51) for text of the requested legislative change.
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19. TECHNICAL AMENDMENT REGARDING VOTING REQUIRED FOR BOARD OF ZONING
ApPEALS' ACTIONS
Ci
Background Information:
In 2009, the General Assembly adopted changes to Virginia Code S 15.2-2308 requiring all
actions of the Board of Zoning Appeals to be by a majority vote of those present and voting. By
oversight, however, the General Assembly did not also amend Virginia Code S 15.2-2312 which
requires actions of the Board in appeals of determinations of the Zoning Administrator to be by a
majority vote of the entire membership of the Board. This omission created a conflict between
the two Code sections.
Request:
This request is for a technical amendment to conform the provIsIOns of the two aforesaid
Virginia Code Sections. The result would be that all actions of the Board of Zoning Appeals will
require a majority of members present and voting.
See Appendix Item 19 (page 52) for text of the requested legislative change.
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20. Exp ANSION OF THE VIRGINIA HUMAN RIGHTS ACT
VirJ?inia Beach Human Rights Commission
Background:
The Virginia Human Rights Act (Va. Code S2.2-3900 et seq.) currently prohibits discrimination
based on race, color, religion, national origin, sex, pregnancy, childbirth or related medical
conditions, age, marital status, or disability. The City of Virginia Beach has prohibited the
aforementioned since 1994.
Request:
The City requests that the General Assembly amend the Virginia Human Rights Act to also
prohibit discrimination based on sexual orientation.
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21. TRANSPORTATION FUNDING
Council Member Rosemary Wilson
Request:
Transportation was partially addressed in the preface to the Legislative Agenda; however, City
Council has specific requests that require immediate action by the General Assembly. At a
minimum, the General Assembly should fully fund to a reasonable level the maintenance of our
existing transportation infrastructure. This would include not only secondary roads but the
interstate system and mean reverting back to reasonable mowing schedule, repaving schedule,
bridge repair, etc. to preserve the existing public investment. Further, the General Assembly
must provide funds to reopen the nineteen closed rest stops throughout the interstate system.
This closure not only creates a great inconvenience for the motoring public but also reduces
spaces for truckers to park their vehicles and rest as they must under federal regulations. Also
the General Assembly must provide funding to match all federal transportation dollars since
every one dollar of State investment is matched by four federal dollars. Virginians have paid
into the Federal Treasury and we must receive our fair share for investment on Virginia's roads.
On a larger scale, the General Assembly should provide funding to replace the funding loss on
urban secondary and primary systems. For instance, Virginia Beach went from approximately
$35 million a year in urban funding to zero dollars in the current fiscal year. If these funds are
not replaced, traffic conditions will continue to deteriorate on the local street network and the
quality of life and the timely movement of people, goods and services will also be negatively
impacted.
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22. STATE LEGISLATION THAT WOULD ENABLE LOCALITIES TO HAVE A CHOICE BETWEEN
PROVIDING NEW EMPLOYEES WITH A DEFINED BENEFIT RETIREMENT PLAN OR A
DEFINED CONTRIBUTION RETIREMENT PLAN
Council Member Glenn Davis
Background:
The City of Virginia Beach's employees participate in the defined benefit retirement plan that is
offered by Virginia Retirement System ("VRS"). This defined benefit retirement plan is based
on a formula that includes age at retirement, average final compensation, and years of service to
calculate a retiree's benefit, but the benefit is not based upon accumulated contributions and
gains or losses in each member's account;
Every two years VRS actuarially computes the annual required rates of contributions for the City
of Virginia Beach, as a separately rated employer, based upon an actuarial valuation of the
retirement allowances and other defined benefits payable on behalf of active Virginia Beach
employees in VRS. The valuation includes actual service and disability retirements, assumptions
on life spans, disability rates, and turnover of the workforce. The City of Virginia Beach
contributes both the employee portion (5%) as well as the employer portion of the contributions.
Current combined rates for the employer and employee portion of VRS rates totals 16.48% of
total covered payroll, and is paid entirely by the City of Virginia Beach. This rate has increased
substantially since Virginia Beach joined VRS in 1963, when the total rate was 10%. In
addition, this rate is expected to increase further to compensate [or market losses incurred by
VRS.
Currently, an employee becomes vested in his or her VRS defined benefit account after five
years of service. When a vested employee leaves City of Virginia Beach employment prior to
retirement, the employee has two options: (1) maintain the VRS account to be accessed at
retirement based on VRS formulas; or (2) seek a refund ofthe 5% employee contributions;
In a defined contribution plan:
. individual employee accounts would be maintained, and in creating the plan a cap on the
contributions either by individual employees or by aggregate cost can be imposed, thereby
eliminating uncertainty about the City of Virginia Beach's future benefits obligation and
reducing the uncertainty associated with the fluctuation in employer contributions under the
current VRS defined benefit plan;
. the benefit would be based upon the contributions, plus or minus any gains or losses in each
employee's individual account. Accordingly, the amount of the City's employer contribution
would not change due to losses or gains in the employee accounts;
. a defined contribution plan could provide employees with substantially more control over
their investment options;
. employees can be immediately vested in the assets contained in their individual accounts;
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. the assets have greater portability and allow increased options for employees who may leave
City employment prior to retirement, including the potential capability of rolling over funds
into a 401(k), 401(a), government 457, or IRA.
Request:
The City of Virginia Beach urges the General Assembly to amend the Code of Virginia to enable
localities to have a choice between providing new employees with the current defined benefit
retirement plan or a new defined contribution retirement plan to be administered by VRS; and
that the new defined contribution retirement plan should be fully portable. Other localities have
begun offering this to their employees, and Virginia localities should be able to offer similar
benefits. In addition, the financial issues faced by VRS are burdensome.
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CITY OF VIRGINIA BEACH
2010 FUNDING ITEMS
The City Council of Virginia Beach recognizes the Commonwealth, as well as the City, are
facing very difficult and trying fiscal realities. Nevertheless, the City Council is including
these requests for funding to the Commonwealth for non-state agencies, as well as State
responsibilities that are underfunded. Many of these requests are long standing, others are
new; all merit funding by the Commonwealth when resources are available.
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1. SUPPORT FOR INCREASED FUNDING FOR THE GOVERNOR'S OPPORTUNITY FUND
Warren Harris
Department Director
Department of Economic Development
Background Information:
The General Assembly has for many years had a line item in the budget appropriating funds
for the Governor's Opportunity Fund (GOF). This fund, also known as the "Deal-Closing"
Fund, provides loans and grants to political subdivisions for economic development
purposes. These can be used for public or private utility extensions, capacity development
for on or off site railroad or other transportation costs, site acquisition, training, etc. The City
of Virginia Beach has used the GOF over the last five years to leverage over $237 million in
new capital investment. This investment created over 2,392 high paying jobs. Over the
years, this fund has continued to shrink, to less than $15 million for the entire State of
Virginia. As other states have created, and robustly funded similar programs, the
Commonwealth of Virginia has continued to cut this program, thus handicapping our state's
economic development efforts.
Request:
The General Assembly is requested to increase, by at least 100%, the amount of funds
appropriated to the Governor's Opportunity Fund or "Deal-Closing" Fund. This will allow
jurisdictions like Virginia Beach to leverage local and private dollars to facilitate economic
development growth within the Commonwealth. Over the years the leveraging of these
funds will generate significant new revenues for the Commonwealth.
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2. FUNDING FOR THE VIRGINIA TOURISM CORPORATION
Jim Rickets
Department Director
Convention and Visitors Bureau
Background Information:
The tourism industry plays an integral role in the Commonwealth's economy. Travelers
spent $18.7 billion, which generated $1.2 billion in State and local tax revenue in 2007. This
spending accounts for over 210,000 jobs in Virginia. The City of Virginia Beach is greatly
concerned over recent discussions regarding the possible further reductions of the budget for
the Virginia Tourism Corporation (VTC). The VTC budget has already decreased over the
past five years where many of our direct competitor States have increased their marketing
budget. Further budget cuts would have a serious negative impact on tourism and its related
tax revenue. It's important to note that the general fund dollars devoted to VTC making
those efforts unlike most other State expenditures since they generate a strong return on
investment yielding a $5.00 return for every dollar invested.
Request:
The City of Virginia Beach encourages the General Assembly to preserve and enhance, when
possible, the Virginia Tourism Corporation's current budget and further develop a long-term
sustainable funding source for their marketing budget in order to protect this vital industry.
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3. CONTINUED FUNDING FOR BRAC EFFORT
James K. Spore
City Manager
City of Virginia Beach
Background Information:
The City of Virginia Beach and the Commonwealth of Virginia have been partnering to
address the concerns raised by the Base Realignment and Closure Commission (BRAC) in
2005. As required by the BRAC Commission, this partnership has included cost-sharing of a
$15 million annual purchase of property in the Accident Potential Zones NAS Oceana. In the
current biennium, the City has been successful in receiving a grant for $7.5 million per year
from the Virginia National Defense Industrial Authority through its Military Strategic
Response Fund Appropriations. The General Assembly has appropriated substantial funds to
this organization which is used to address BRAC issues.
The City will continue its effort of spending $7.5 million per year and requests that the
General Assembly continue provide a matching amount as required by the BRAC
Commission. Our partnership to date has been recognized as a leading effort nationally to
protect and preserve a major military asset.
Request:
Request that the General Assembly provide funds either directly to the City of Virginia
Beach for the BRAC Compliance Plan in the amount of $7.5 million per year over the
biennium or to direct that those funds flow through the Military Strategic Response Fund of
the Virginia National Defense Industrial Authority. Providing these funds will continue to
send a strong message to the U.S. Navy that the Commonwealth and City of Virginia Beach
are serious about preserving NAS Oceana and complying with the conditions imposed by the
BRAC Commission.
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APPENDIX: DRAFTS OF PROPOSED LEGISLATION - KEYED TO
REQUESTED CODE CHANGES
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LEGISLATIVE ITEM 1
FOLLOWING Too CLOSELY
Council Member Bill DeSteph
~46.2-816. Followinl! too c1oselv.
The driver of a motor vehicle shall not follow another motor vehicle, bicycle, trailer, or
semitrailer more closely than is reasonable and prudent, having due regard to the speed of
both vehicles and the traffic on, and conditions of, the highway at the time.
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LEGISLA TIVE ITEM 2
PASSING BICYCLES
Council Member Bill DeSteph
~46.2-839. Passing bicycle, electric personal assistive mobility device, electric power-
assisted bicycle, moped, animal, or animal-drawn vehicle.
Any driver of any vehicle overtaking a bicycle, electric personal assistive mobility device,
electric power-assisted bicycle, moped, animal, or animal-drawn vehicle proceeding in the
same direction shall pass at a reasonable speed at least {we three feet to the left of the
overtaken bicycle, electric personal assistive mobility device, electric power-assisted bicycle,
moped, animal, or animal-drawn vehicle and shall not again proceed to the right side of the
highway until safely clear of such overtaken bicycle, electric personal assistive mobility
device, electric power-assisted bicycle, moped, animal, or animal-drawn vehicle.
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LEGISLA TlVE ITEM 5
ADMISSIBILITY OF SOUND METER CALIBRATION CERTIFICATES
Chief A.M Jacocks
Department of Police
s
s
: Determining certificate as to accuracy of Sound Level Meter device.
The noise/sound that is generated may be determined by the use of a Sound Level Meter
device. The results of such determinations shall be accepted as rebuttable evidence of the
decibel measurement of the noise/sound in any court or legal proceeding where noise/sound
is at issue.
In any court or legal proceeding in which any question arises about the calibration or
accuracy of any Sound Level Meter decibel reading, a celiificate, or a tme copy thereof~
executed and signed under oath by the inspector calibrating or testing such device as to its
accuracy and stating the date of such test and results of such testing, shall be admissible
when attestecl by one such inspector who executed and signed it as evidence of the facts
therein stated and the results of such testing.
S2.2-1112. Standardization of materials, equipment and supplies.
So far as practicable, all materials, equipment and supplies, purchased by or for the officers,
departments, agencies or institutions of the Commonwealth, shall be standardized by the
Division, and no variation shall be allowed from any established standard without the written
approval of the Division. The standard shall be determined upon the needs of all using
agencies, so far as their needs are in common, and for groups of using agencies or single
using agencies so far as their needs differ. When changes or alterations in equipment are
necessary in order to permit the application of any standard, the changes and alterations shall
be made as rapidly as possible.
The Division shall determine the proper equipment or electrical devices used to monitor the
speed of any motor vehicle pursuant to S46.2-882 and shall so advise the respective law-
enforcement officials. Police chiefs and sheriffs shall ensure that all such equipment and
devices meet or exceed the standards established by the Division. This provision shall apply
only to equipment and devices purchased on or after July 1, 1986.
The Division shall determine the proper equipment used to measure noise/sound pursuant to
~ and shall so advise the respective law-enforcement officials. Police chiefs and
sheriffs shall ensure that all such equipment and devices meet or exceed the standards
established by the Division. This provision shall only apply to equipment and devices
purchased on or after July I, 1986.
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LEGISLATIVE ITEM 6
AUTHORITY TO AMEND PHOTO-MONITORING SYSTEM PROCESSING
Chief A.M Jacocks
Department of Police
~15.2-968.1. Use of photo-monitoring systems to enforce traffic light signals (Note: Only
Sections G and H are provided)
G. A summons for a violation of this section may be executed pursuant to S 19.2-76.2.
Notwithstanding the provisions of S 19.2-76, a summons for a violation of this section may
be executed by mailing by first class mail a copy thereof to the owner, lessee, or renter of the
vehicle. In the case of a vehicle owner, the copy shall be mailed to the address contained in
the records of the Department of Motor Vehicles; in the case of a vehicle lessee or renter, the
copy shall be mailed to the address contained in the records of the lessor or renter. Every
such mailing shall include, in addition to the summons, a notice of (i) the summoned person's
ability to rebut the presumption that he was the operator of the vehicle at the time of the
alleged violation through the filing of an affidavit as provided in subsection D and (ii)
instructions for filing such affidavit, including the address to which the affidavit is to be sent.
If the summoned person fails to appear on the date of return set out in the summons mailed
pursuant to this section, the summons shall be executed in the manner set out in S 19.2-76.3.
No proceedings for contempt or arrest of a person summoned by mailing shall be instituted
for failure to appear on the return date of the summons. Any summons executed for a
violation of this section shall provide to the person summoned at least @ 30 business days
from the mailing of the summons to inspect information collected by a traffic light signal
violation monitoring system in connection with the violation.
H. Information collected by a traffic light signal violation monitoring system installed and
operated pursuant to subsection A shall be limited exclusively to that information that is
necessary for the enforcement of traffic light violations. On behalf of a locality, a private
entity may not obtain record~; regarding the regdered o\vnen; of vehicle~; that fail to comply
with traffic light signal~;. Notwithstanding any other provision of law, all photographs,
microphotographs, electronic images, or other personal information collected by a traffic
light signal violation monitoring system shall be used exclusively for enforcing traffic light
violations and shall not (i) be open to the public; (ii) be sold or used for sales, solicitation, or
marketing purposes; (iii) be disclosed to any other entity except as may be necessary for the
enforcement of a traffic light violation or to a vehicle owner or operator as part of a challenge
to the violation; or (iv) be used in a court in a pending action or proceeding unless the action
or proceeding relates to a violation of SS46.2-833, 46.2-835, or 46.2-836 or requested upon
order from a court of competent jurisdiction. Information collected under this section
pertaining to a specific violation shall be purged and not retained later than 60 days after the
collection of any civil penalties. If a locality does not execute a summons for a violation of
this section within ~ 15 business days, all information collected pertaining to that suspected
violation shall be purged within two business days. Any locality operating a traffic light
signal violation monitoring system shall annually certify compliance with this section and
make all records pertaining to such system available for inspection and audit by the
Commonwealth Transportation Commissioner or the Commissioner of the Department of
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Motor Vehicles or his designee. Any person who discloses personal information in violation
of the provisions of this subsection shall be subject to a civil penalty of $1 ,000.
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LEGISLA TIVE ITEM 7
AUTHORITY TO USE PHOTO-MONITORING SYSTEM INFORMATION FOR EMPLOYEE
DISCIPLINE PURPOSES
Chief A.M Jacocks
Department of Police
~15.2-968.1. Use of photo-monitoring systems to enforce traffic light signals
A. The governing body of any county, city, or town may provide by ordinance for the
establishment of a traffic signal enforcement program imposing monetary liability on the
operator of a motor vehicle for failure to comply with traffic light signals in such locality in
accordance with the provisions of this section. Each such locality may install and operate
traffic light signal photo-monitoring systems at no more than one intersection for every
10,000 residents within each county, city, or town at anyone time, provided, however, that
within planning District 8, each such locality may install and operate traffic light signal
photo-monitoring systems at no more than 10 intersections, or at no more than one
intersection for every 10,000 residents within each county, city, or town, whichever is
greater, at anyone time.
B. The operator of a vehicle shall be liable for a monetary penalty imposed pursuant to this
section if such vehicle is found, as evidenced by information obtained from a traffic light
signal violation monitoring system, to have failed to comply with a traffic light signal within
such locality.
C. Proof of a violation of this section shall be evidenced by information obtained from a
traffic light signal violation monitoring system authorized pursuant to this section. A
certificate, sworn to or affirmed by a law-enforcement officer employed by a locality
authorized to impose penalties pursuant to this section, or a facsimile thereof, based upon
inspection of photographs, microphotographs, videotape, or other recorded images produced
by a traffic light signal violation monitoring system, shall be prima facie evidence of the facts
contained therein. Any photographs, microphotographs, videotape, or other recorded images
evidencing such a violation shall be available for inspection in any proceeding to adjudicate
the liability for such violation pursuant to an ordinance adopted pursuant to this section.
D. In the prosecution for a violation of any local ordinance adopted as provided in this
section, prima facie evidence that the vehicle described in the summons issued pursuant to
this section was operated in violation of such ordinance, together with proof that the
defendant was at the time of such violation the owner, lessee, or renter of the vehicle, shall
constitute in evidence a rebuttable presumption that such owner, lessee, or renter of the
vehicle was the person who committed the violation. Such presumption shall be rebutted if
the owner, lessee, or renter of the vehicle (i) files an affidavit by regular mail with the clerk
of the general district court that he was not the operator of the vehicle at the time of the
alleged violation or (ii) testifies in open court under oath that he was not the operator of the
vehicle at the time of the alleged violation. Such presumption shall also be rebutted if a
certified copy of a police report, showing that the vehicle had been reported to the police as
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stolen prior to the time of the alleged violation of this section, is presented, prior to the return
date established on the summons issued pursuant to this section, to the court adjudicating the
alleged violation.
E. For purposes of this section, "owner" means the registered owner of such vehicle on
record with the Department of Motor Vehicles. For purposes of this section, "traffic light
signal violation monitoring system" means a vehicle sensor installed to work in conjunction
with a traffic light that automatically produces two or more photographs, two or more
microphotographs, video, or other recorded images of each vehicle at the time it is used or
operated in violation of S 46.2-833, 46.2-835, or 46.2-836. For each such vehicle, at least one
recorded image shall be of the vehicle before it has illegally entered the intersection, and at
least one recorded image shall be of the same vehicle after it has illegally entered that
intersection.
F. Imposition of a penalty pursuant to this section shall not be deemed a conviction as an
operator and shall not be made part of the operating record of the person upon whom such
liability is imposed, nor shall it be used for insurance purposes in the provision of motor
vehicle insurance coverage. No monetary penalty imposed under this section shall exceed
$50, nor shall it include court costs.
G. A summons for a violation of this section may be executed pursuant to S 19.2-76.2.
Notwithstanding the provisions of S 19.2-76, a summons for a violation of this section may
be executed by mailing by first class mail a copy thereof to the owner, lessee, or renter of the
vehicle. In the case of a vehicle owner, the copy shall be mailed to the address contained in
the records of the Department of Motor Vehicles; in the case of a vehicle lessee or renter, the
copy shall be mailed to the address contained in the records of the lessor or renter. Every
such mailing shall include, in addition to the summons, a notice of (i) the summoned person's
ability to rebut the presumption that he was the operator of the vehicle at the time of the
alleged violation through the filing of an affidavit as provided in subsection D and (ii)
instructions for filing such affidavit, including the address to which the affidavit is to be sent.
If the summoned person fails to appear on the date of return set out in the summons mailed
pursuant to this section, the summons shall be executed in the manner set out in S 19.2-76.3.
No proceedings for contempt or arrest of a person summoned by mailing shall be instituted
for failure to appear on the return date of the summons. Any summons executed for a
violation of this section shall provide to the person summoned at least 60 business days from
the mailing of the summons to inspect information collected by a traffic light signal violation
monitoring system in connection with the violation.
H. Information collected by a traffic light signal violation monitoring system installed and
operated pursuant to subsection A shall be limited exclusively to that information that is
necessary for the enforcement of traffic light violations. On behalf of a locality, a private
entity may not obtain records regarding the registered owners of vehicles that fail to comply
with traffic light signals. Notwithstanding any other provision of law, all photographs,
microphotographs, electronic images, or other personal information collected by a traffic
light signal violation monitoring system shall be used exclusively for enforcing traffic light
violations and shall not (i) be open to the public; (ii) be sold or used for sales, solicitation, or
marketing purposes; (iii) be disclosed to any other entity except as may be necessary for the
enforcement of a traffic light violation or to a vehicle owner or operator as part of a challenge
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to the violation; or (iv) be used in a court in a pending action or proceeding unless the action
or proceeding relates to a violation of S 46.2-833, 46.2-835, or 46.2-836 or requested upon
order from a court of competent jurisdiction. Information collected under this section
pertaining to a specific violation shall be purged and not retained later than 60 days after the
collection of any civil penalties. If a locality does not execute a summons for a violation of
this section within 10 business days, all information collected pertaining to that suspected
violation shall be purged within two business days. Any locality operating a traffic light
signal violation monitoring system shall annually certify compliance with this section and
make all records pertaining to such system available for inspection and audit by the
Commonwealth Transportation Commissioner or the Commissioner of the Department of
Motor Vehicles or his designee. Any person who discloses personal information in violation
of the provisions of this subsection shall be subject to a civil penalty of $1 ,000.
I. A private entity may enter into an agreement with a locality to be compensated for
providing the traffic light signal violation monitoring system or equipment, and all related
support services, to include consulting, operations and administration. However, only a law-
enforcement officer employed by a locality may swear to or affirm the certificate required by
subsection C. No locality shall enter into an agreement for compensation based on the
number of violations or monetary penalties imposed.
1. When selecting potential intersections for a traffic light signal violation monitoring system,
a locality shall consider factors such as (i) the accident rate for the intersection, (ii) the rate of
red light violations occurring at the intersection (number of violations per number of
vehicles), (iii) the difficulty experienced by law-enforcement officers in patrol cars or on foot
in apprehending violators, and (iv) the ability of law-enforcement officers to apprehend
. violators safely within a reasonable distance from the violation. Localities may consider the
risk to pedestrians as a factor, if applicable. A locality shall submit a list of intersections to
the Virginia Department of Transportation for final approval.
K. Before the implementation of a traffic light signal violation monitoring system at an
intersection, the locality shall complete an engineering safety analysis that addresses signal
timing and other location-specific safety features. The length of the yellow phase shall be
established based on the recommended methodology of the Institute of Transportation
Engineers. All traffic light signal violation monitoring systems shall provide a minimum 0.5-
second grace period between the time the signal turns red and the time the first violation is
recorded. If recommended by the engineering safety analysis, the locality shall make
reasonable location-specific safety improvements, including signs and pavement markings.
L. Any locality that uses a traffic light signal violation monitoring system shall evaluate the
system on a monthly basis to ensure all cameras and traffic signals are functioning properly.
Evaluation results shall be made available to the public.
M. Any locality that uses a traffic light signal violation monitoring system to enforce traffic
light signals shall place conspicuous signs within 500 feet of the intersection approach at
which a traffic light signal violation monitoring system is used. There shall be a rebuttable
presumption that such signs were in place at the time of the commission of the traffic light
signal violation.
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N. Prior to or coincident with the implementation or expansion of a traffic light signal
violation monitoring system, a locality shall conduct a public awareness program, advising
the public that the locality is implementing or expanding a traffic light signal violation
monitoring system.
O. Notwithstanding the provisions of subsection H or any other provisions of this section. if a
vehicle depicted in images recorded by a traffic light signal photo-monitoring system is
owned. leased. or rented by a county. city. or town. then the county. city. or town may access
and use the recorded images and associated information for employee disciplinary purposes.
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LEGISLA TIVE ITEM 8
CARRYING CONCEALED WEAPONS IN VEHICLES/BuTTERFLY KNIVES
Chief A.M Jacocks
Department of Police
~18.2-308. Personal protection; carrying concealed weapons; when lawful to carry.
A. If any person carries about his person, or in his vehicle, hidden from common observation,
(i) any pistol, revolver, or other weapon designed or intended to propel a missile of any kind
by action of an explosion of any combustible material; (ii) any dirk, bowie knife, switchblade
knife, ballistic knife, butterfly knife, machete, razor, slingshot, spring stick, metal knucks, or
blackjack; (iii) any flailing instrument consisting of two or more rigid parts connected in such
a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck,
nunchaku, shuriken, or fighting chain; (iv) any disc, of whatever configuration, having at
least two points or pointed blades which is designed to be thrown or propelled and which
may be known as a throwing star or oriental dart; or (v) any weapon of like kind as those
enumerated in this subsection, he shall be guilty of a Class 1 misdemeanor. A second
violation of this section or a conviction under this section subsequent to any conviction under
any substantially similar ordinance of any county, city, or town shall be punishable as a Class
6 felony, and a third or subsequent such violation shall be punishable as a Class 5 felony. For
the purpose of this section, a weapon shall be deemed to be hidden from common
observation when it is observable but is of such deceptive appearance as to disguise the
weapon's true nature. This section shall not apply to any person who conceals a weapon from
common observation by keeping the weapon in a locked container such that the weapon is
completely hidden from view.
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LEGISLATIVE ITEM 9
DAILY PAWN REPORTS
Chief A.M. Jacocks
Department of Police
~ 54.1-4010. Daily reports.
Every pawnbroker shall prepare a daily report of all goods, articles or things pawned or
pledged with him or sold to him that day and shall file such report by noon of the following
day with the chief of police or other law-enforcement officer of the county, city or town
where his business is conducted designated by the local attorney for the Commonwealth to
receive it. The report shall include the pledgor's or seller's name, residence, and driver's
license number or other form of identification, and a description of the goods, articles or
other things pledged or sold and, unless maintained in electronic format, shall be in writing
and clearly legible to any person inspecting it. A pawnbroker may compile and maintain the
daily report in an electronic format and, if so maintained, shall file the required daily reports
electronically with the appropriate law-enforcement officer through use of a disk, electronic
transmission, or any other electronic means of reporting approved by the law-enforcement
officer. Any tmvn \vith a population benveen 13,000 and 11,000 locality may by ordinance
require a pawnbroker to maintain and file a daily report electronically through the use of a
disk, electronic transmission, or any other electronic means of reporting approved by the law-
enforcement officer.
The Department of State Police shall adopt regulations for the uniform reporting of
information required by this section.
Any person, firm or corporation violating any of the provisions of this section shall be guilty
of a Class 4 misdemeanor.
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LEGISLATIVE ITEM 10
ISSUANCE OF A WARRANT IN A DUI CASE BY AN OFFICER BASED ON THE
OBSERVATIONS OF THE ARRESTING OFFICER
Chief A.M Jacocks
Department of Police
~19.2-81. Arrest without warrant authorized in certain cases. The following officers shall
have the powers of arrest as provided in this section:
1. Members of the State Police force of the Commonwealth;
2. Sheriffs of the various counties and cities, and their deputies;
3. Members of any county police force or any duly constituted police force of any city or
town of the Commonwealth;
4. The Commissioner, members and employees of the Marine Resources Commission
granted the power of arrest pursuant to S28.2-900;
5. Regular conservation police officers appointed pursuant to S29.1-200;
6. United States Coast Guard and United States Coast Guard Reserve commissioned,
warrant, and petty officers authorized under S29.1-205 to make arrests;
7. The special policemen of the counties as provided by S 15.2-1737, provided such officers
are in uniform, or displaying a badge of office; and
8. Conservation officers appointed pursuant to S 1 0.1-115.
Such officers may arrest, without a warrant, any person who commits any crime in the
presence of the officer and any person whom he has reasonable grounds or probable cause to
suspect of having committed a felony not in his presence.
Any such officer may arrest without a warrant any person whom the officer has probable
cause to suspect of operating in his presence either a vehicle while intoxicated in violation
of 18.2-266, 18.2-266.1, 18.2-272, or 46.2-341.24; or a watercraft or motor boat (i) while
intoxicated in violation of subsection B of S29.1-738 or (ii) in violation of an order issued
pursuant to S29.1-738.4,; in his preSCllCC, una may thereafter transfer custody of the person
suspected of the violation to another officer, who may obtain a warrant based upon
statements made to him by the arresting officer.
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Any such officer may, at the scene of any accident involving a motor vehicle, watercraft as
defined in S29 .1-712 or motorboat, or at any hospital or medical facility to which any person
involved in such accident has been transported, or in the apprehension of any person charged
with the theft of any motor vehicle, on any of the highways or waters of the Commonwealth,
upon reasonable grounds to believe, based upon personal investigation, including information
obtained from eyewitnesses, that a crime has been committed by any person then and there
present, apprehend such person without a warrant of arrest. In addition, such officer may,
within three hours of the occurrence of any such accident involving a motor vehicle, arrest
without a warrant at any location any person whom the officer has probable cause to suspect
of driving or operating such motor vehicle while intoxicated in violation of S 18.2-266, 18.2-
266.1, 46.2-341.24, 18.2-272, or a substantially similar ordinance of any county, city, or
town in the Commonwealth.
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LEGISLATIVE ITEM 11
PROCESSING PRIOR TO RELEASE ON RECOGNIZANCE BONDS
Chief A.M Jacocks
Department of Police
~19.2-123. Release of accused on bond. (Note: Only Section 4 is provided)
4. Impose any other condition deemed reasonably necessary to assure appearance as required,
and to assure his good behavior pending trial, including a condition requiring that the person
return to custody after specified hours or be placed on home electronic incarceration pursuant
to S 5 3. I-I 3 1. 2.
Upon completion of processing required under this title and satisfaction of the terms of
recognizance, the accused shall be released forthwith.
In addition, where the accused is a resident of a state trammg center for the mentally
retarded, the judicial officer may place the person in the custody of the director of the state
facility, if the director agrees to accept custody. Such director is hereby authorized to take
custody of such person and to maintain him at the training center prior to a trial or hearing
under such circumstances as will reasonably assure the appearance of the accused for the trial
or hearing.
Page 48
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'II
LEGISLATIVE ITEM 12
CIVIL PENALTIES FOR VIOLATIONS OF SEWER USE/FATS, OILS AND GREASE (FOG)
ORDINANCES
Thomas M Leahy, 111
Department Director
Department of Public Utilities
~ 15.2-2122. Localities authorized to establish, etc., sewage disposal system; incidental
powers.
(a) F or the purpose of providing relief from pollution, and for the improvement of
conditions affecting the public health, and in addition to other powers conferred by law, any
locality shall have power and authority to:
1. Establish, construct, improve, enlarge, operate and maintain a sewage disposal system
with all the necessary sewers, conduits, pipelines, pumping and ventilating stations, treatment
plants and works, and other plants, structures, boats, conveyances and other real and personal
property necessary for the operation of such system, subject to the approvals required by S
62.1-44.19.
2. Acquire as permitted by S 15.2-1800, real estate, or rights or easements therein,
necessary or convenient for the establishment, enlargement, maintenance or operation of
such sewage disposal system and the property, in whole or in part, of any private or public
service corporation operating a sewage disposal system or chartered for the purpose of
acquiring or operating such a system, including its lands, plants, works, buildings,
machinery, pipes, mains and all appurtenances thereto and its contracts, easements, rights and
franchises, including its franchise to be a corporation, and have the right to dispose of
property so acquired no longer necessary for the use of such system. However, any locality
condemning property hereunder shall rest under obligation to furnish sewage service, at
appropriate rates, to the customers of any corporation whose property is condemned.
3. Borrow money for the purpose of establishing, constructing, improving and enlarging
the sewage disposal system and to issue bonds therefor in the name of the locality.
4. Accept gifts or grants of real or personal property, money, material, labor or supplies
for the establishment and operation of such sewage disposal system and make and perform
such agreements or contracts as may be necessary or convenient in connection with the
procuring or acceptance of such gifts or grants.
5. Enter on any lands, waters and premises for the purpose of making surveys, borings,
soundings and examinations for constructing and operating the sewage disposal system, and
for the prevention of pollution.
6. Enter into contracts with the United States of America, or any department or agency
thereof, or any person, firm or corporation, or the governing body of any other locality,
providing for or relating to the treatment and disposal of sewage and industrial wastes.
Page 49
\il1lj
'I:
II 11
7. Fix, charge and collect fees or other charges for the use and services of the sewage
disposal system; and, except in counties which are not otherwise authorized, require the
connection of premises with facilities provided for sewage disposal services. Water and
sewer connection fees established by any locality shall be fair and reasonable. Such fees shall
be reviewed by the locality periodically and shall be adjusted, if necessary, to assure that they
continue to be fair and reasonable. Nothing herein shall affect existing contracts with
bondholders which are in conflict with any of the foregoing provisions.
8. Finance in whole or in part the cost of establishing, constructing, improving or
enlarging the sewage disposal systems authorized to be established, constructed, improved or
enlarged by this section, in advance of putting such systems in operation.
9. Fix, charge and collect fees and other charges for the use and services of sanitary,
combined and storm water sewers operated and maintained by any locality. Such fees and
charges may be fixed and collected in accordance with and subject to the provisions of S
15.2-2119.
(b) Any locality under an order of the Virginia Department of Environmental
Quality issued pursuant to the authority of Section 62.1-44.15 (8A) shall, in addition to any
other powers or authority conferred by this section or by any other general or special law,
may adopt an ordinance establishing a uniform schedule of civil penalties for violations of
specified provisions of ordinance governing the introduction ofpollutants and wastes into the
locality's public sewer system. The schedule of civil penalties shall be uniform for each type
of specified violation, and the penalty for anyone violation shall be a civil penalty of not
more than $100 for the initial summons and not more than $150 for each additional
summons. Each day during which the violation is found to have existed shall constitute a
separate violation; provided, however, that a series of specified violations arising from the
same operative set of facts shall not result in civil penalties exceeding a total of $3,000.
Such penalties shall be paid into the treasury of the locality for the purpose of abating,
preventing or mitigating environmental pollution.
The locality's director of public utilities or his designee may issue a civil summons
ticket for a scheduled violation. Any person summoned or issued a ticket for a scheduled
violation may make an appearance in person or in writing by mail to the treasurer of the
locality prior to the date fixed for trial in court. Any person so appearing may enter a waiver
of trial, admit liability, and pay the civil penalty establishedfor the offense charged.
If a person charged with a scheduled violation does not elect to enter a waiver of trial
and admit liability, the violation shall be tried in the general district court in the same
manner and with the same right of appeal as provided for by law. In any trial for a scheduled
violation, the locality shall have the burden of proving by a preponderance of the evidence
the liability of the alleged violator. An admission of liability or finding of liability under this
section shall not be deemed an admission at a criminal proceeding.
No civil action authorized under this section shall proceed while a criminal action is
pending.
Page 50
\ 11
, I
LEGISLATIVE ITEM 18
OWNERSHIP OF STATE-OWNED BOTTOMLANDS AFTER PLACEMENT OF FILL
Mark D. Stiles
City Attorney
City Attorney's Office
~28.2-1200.1. Conveyance of state-owned bottomlands.
A. In order to fulfill the Commonwealth's responsibility under Article XI of the
Constitution of Virginia to conserve and protect public lands for the benefit of the people, the
Commonwealth shall not convey fee simple title to state-owned bottomlands covered by
waters. However, the Commonwealth may grant a lease, easement, or other limited interest
in state-owned bottomlands covered by waters pursuant to S28.2-1208 or as long as the
property is used by a governmental entity for the performance of a governmental activity, as
defined in SS28.2-1300 and 28.2-1400.
B. The Commonwealth may convey fee simple title to specified parcels of state-owned
bottomlands that have been lawfully filled. For the purpose of this section, "lawfully filled"
means the deposit of fill was (i) authorized by statute, (ii) pursuant to valid court order, (iii)
authorized or permitted by state officials pursuant to statutory authority subsequent to July 1,
1960, or (iv) under apparent color of authority prior to July 1, 1960. In the absence of
information to the contrary, it may be presumed that state-owned bottomlands filled prior to
July 1, 1960, were filled under apparent color of authority and, it may also be presumed, that
all of the fill on the specified parcel was lawfully authorized if a substantial portion of the fill
on such parcel was authorized. Properties not qualified under clauses (i) through (iv) of this
subsection shall not be eligible for conveyance under this section. Except as provided herein,
no person or entity, including a governmental entity, shall acquire the fee simple title to any
state-owned bottomlands that have been filled, nor shall the Commonwealth be divested of
any title to or interest in any such bottomlands except by its express consent.
C. Except as provided in subsection D, the grantee shall compensate the
Commonwealth in an amount commensurate with the property interest being conveyed,
which shall be considered equivalent to 25 percent of the assessed value of the specified
parcel, exclusive of any buildings or other improvements. The assessed value shall be
established as the average of the local real estate tax assessments for the most recent 10 years
available for the specified parcel. If no such assessments are available for the specified
parcel, then the assessed value shall be calculated as the percentage, by square footage or
acreage, that the specified parcel represents of the larger parcel for which such assessments
are available.
D. If the Commission determines that unique circumstances exist, the Commission may
allow the grantee to compensate the Commonwealth in an amount less than 25 percent of the
assessed value of the specified parcel. Any such determination by the Commission shall be
justified in writing and shall not be subject to judicial review.
2. That the provisions of this act are declarative of existing law.
Page 51
1'1
LEGISLATIVE ITEM 19
TECHNICAL AMENDMENT REGARDING VOTING REQUIRED FOR BOARD OF ZONING
ApPEALS' ACTIONS
Mark D. Stiles
City Attorney
City Attorney's Office
~15.2-2312. Procedure to Perfect aD Appeal.
The board shall fix a reasonable time for the hearing of an application or appeal, give public
notice thereof as well as due notice to the parties in interest and make its decision within
ninety days of the filing of the application or appeal. In exercising its powers the board may
reverse or affirm, wholly or partly, or may modify, an order, requirement, decision or
determination appealed from. The concurring vote of a majority-of those present and voting
the membership of the board shall be necessary to reverse any order, requirement, decision or
determination of an administrative officer or to decide in favor of the applicant on any matter
upon which it is required to pass under the ordinance or to effect any variance from the
ordinance. The board shall keep minutes of its proceedings and other official actions which
shall be filed in the office of the board and shall be public records. The chairman of the
board, or in his absence the acting chairman, may administer oaths and compel the
attendance of witnesses.
Page 52
ii:>cr .,.~ i I
il
1'1
- 53 -
Item V-K.8.
ORDINANCES/RESOLUTIONS
ITEM # 59238
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED:
Resolution to REQUEST the Secretary of the Navy name a Littoral
Combat Ship after the City of Virginia Beach (USS Virginia Beach) and
REQUEST support of same by the City's local Congressional
Delegation. (REQUESTED BY VICE MAYOR SESSOMS/COUNCIL
LAD Y WILSON)
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
September 22, 2009
I 1'1
REQUESTED BY MAYOR SESSOMS I COUNCIL LADY ROSEMARY WILSON
1 A RESOLUTION REQUESTING THE SECRETARY OF THE
2 NAVY TO NAME A LITTORAL COMBAT SHIP (LCS)
3 AFTER THE CITY OF VIRGINIA BEACH AND
4 REQUESTING THE VIRGINIA BEACH CONGRESSIONAL
5 DELEGATION TO ASSIST IN THE SAME
6
7 WHEREAS, the Littoral Combat Ship (LCS) is the newest class of naval vessels;
8
9 WHEREAS, these are multipurpose vessels, whose missions are able to be
10 tailored to contingencies because of modules that can be loaded aboard these vessels;
11
12 WHEREAS, three of the vessels have been commissioned and the three vessels
13 are the USS Freedom (LCS 1), USS Independence (LCS 2), USS Fort Worth (LCS 3)
14 and the named but not commissioned USS Coronado (LCS 4);
15
16 WHEREAS, this class of vessels is being named for cities;
17
18 WHEREAS, Virginia Beach has been a tremendous supporter of the military,
19 particularly the Navy, for many years because of its being home to Little Creek
20 Amphibious Base, Fort Story, Annex to Little Creek Amphibious Base, Naval Station
21 Oceana and Dam Neck Annex to Naval Station Oceana;
22
23 WHEREAS, several of these vessels are anticipated to be homeported at Little
24 Creek Amphibious Base; and
25
26 WHEREAS, the Virginia Beach Military Economic Development Advisory
27 Committee (MEDAC) has endorsed the naming of a Littoral Combat Ship for Virginia
28 Beach.
29
30 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
31 VIRGINIA BEACH, VIRGINIA:
32
33 That the Secretary of the Navy be requested to name one of the new Littoral
34 Combat Ships as USS Virginia Beach, and also that the Congressional Delegation to
35 the City be requested to assist in this endeavor.
36
37 Adopted by the City Council of the City of Virginia Beach, Virginia, this 22nd
38 day of September ,2009.
APPROVED AS TO LEGAL
SUFFICIENCY:
.
c5=r
APPROVED AS TO CONTENT:
CA 11284 R-2 September 14, 2009
'I
- 54 -
Item V-K.9.
ORDINANCES/RESOLUTIONS
ITEM # 59239
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED:
Resolution to AUTHORIZE the City Manager to execute all necessary
agreements for an allocation of $1,000,000 through the VDOT Revenue
Sharing Program to Nimmo Parkway - Phase V-A.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin. Ron A. Villanueva, Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
September 22, 2009
I, ill
1 A RESOLUTION TO AUTHORIZE AN APPLICATION FOR
2 PROJECT MATCHING FUNDS UNDER THE VDOT
3 REVENUE SHARING PROGRAM FOR THE NIMMO
4 PARKWAY - PHASE V-A PROJECT
5
6
7 WHEREAS, the City of Virginia Beach desires to submit an application for an
8 allocation of funds of up to $1,000,000 through the Virginia Department of
9 Transportation (VDOT) Fiscal Year 2009-10 Revenue Sharing Program; and
10
11 WHEREAS, $1,000,000 of VDOT funds are requested to fund improvements as
12 described in CIP #2-121, Nimmo Parkway - Phase V-A.
13
14 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA THAT:
16
17 1. The City Council hereby supports the application for an allocation of
18 $1,000,000 through the VDOT Revenue Sharing Program to CIP #2-121, Nimmo
19 Parkway - Phase V-A.
20
21 2. The City Manager is hereby authorized to execute on behalf of the City of
22 Virginia Beach all necessary agreements for project development and construction.
Adopted by the Council of the City of Virginia Beach, Virginia on the 22nd day
of September ,2009.
APPROVED AS TO CONTENT:
~~~~
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
~{)otj.tt:-
CA11286
R-2
September 9,2009
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, I
- 55 -
Item V-K.I0.
ORDINANCES/RESOLUTIONS
ITEM # 59240
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED:
Resolution to A UTHORIZE and DIRECT the City Manager to execute
an Agreement with Hampton Roads Sanitation District (HRSD) for the
relocation of the Witch duck-Kempsville Road force main.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin. Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
September 22, 2009
I 1'1
1 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY
2 MANAGER TO EXECUTE AN AGREEMENT WITH HAMPTON
3 ROADS SANITATION DISTRICT FOR THE RELOCATION OF
4 THE WITCHDUCK-KEMPSVILLE ROAD FORCE MAIN
5
6
7 WHEREAS, the City intends to construct the Princess Anne Road/Kempsville
8 Road Intersection Improvements as part of Capital Improvement Project #2-048 (the
9 "Project"); and
10
11 WHEREAS, the Hampton Roads Sanitation District Witchduck-Kempsville Road
12 Force Main (the "HRSD Force Main") is located, in whole or in part, within the right-of-
13 way of Witchd uck Road; and
14
15 WHEREAS, the proposed improvements contemplated by the Project create a
16 conflict with the HRSD Force Main; and
17
18 WHEREAS, the project will be funded under the Virginia Department of
19 Transportation (VDOT) Urban Construction Initiative and administered and managed by
20 the City; and
21
22 WHEREAS, the City and HRSD agree it is in the best interest of the parties to
23 have the relocation of the Facilities included in the Project; and
24
25 WHEREAS, subject to the approval of the City Council, the City and HRSD have
26 agreed upon the terms of an agreement, entitled "AGREEMENT FOR THE PAYMENT
27 OF COSTS OF CONSTRUCTION AND RELOCATION OF THE WITCH DUCK -
28 KEMPSVILLE ROAD FORCE MAIN SSF 121 & SSF 198" (the "Agreement"), pertaining
29 to the relocation of the HRSD Force Main under the terms and conditions set forth
30 therein; and
31
32 WHEREAS, the City Council hereby deems the Agreement to be fair and
33 reasonable and in the best interests of the City of Virginia Beach;
34
35 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
36 OF VIRGINIA BEACH, VIRGINIA:
37
38 That the City Council hereby approves, and the City Manager is hereby
39 authorized and directed to execute on behalf of the City, the "AGREEMENT FOR THE
40 PAYMENT OF COSTS OF CONSTRUCTION AND RELOCATION OF THE
41 WITCHDUCK - KEMPSVILLE ROAD FORCE MAIN SSF 121 & SSF 198, the material
i i ;i ~
42
43
44
45
46
terms of which are summarized in the Summary of Material Terms attached hereto, and
a copy of which is on file in the City Attorney's Office.
of
Adopted by the City Council of the City of Virginia Beach on the 22nd
September ,2009.
day
Approved as to Content:
Approved as to Legal Sufficiency:
))JkiJ JtI flb~j,
City Attorney's Office
Approved as to Content:
CA-11279
September 8, 2009
R-1
2
II "1
WITCHDUCK- KEMPSVILLE ROAD FORCE MAIN RELOCATION AGREEMENT
Summary of Material Terms
Parties:
City and Hampton Roads Sanitation District (HRSD)
Subject:
Costs of relocating HRSD's Witchduck-Kempsville Road Force Main (due
to City's Princess Anne Road/Kempsville Road Intersection Improvements
(CIP Project #2-048)
Project:
City to construct 2,300 linear feet +/- of 20-inch & 24-inch
wastewater force main beginning at the existing HRSD force main
located on Witchduck Road near the intersection of Bonney Road
Cost:
City to pay cost of work, but CIP Project is funded under the (VDOT)
Urban Construction Initiative
Contractor: City awards work & must comply with Public Procurement Act
Other:
HRSD to retain ownership of facilities upon completion of work
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PRINCESSANNE ROAD-KEMPSVILLE ROAD
INTERSECTION IMPROVEMENTS
CITY OF VIRGINIA BEACH
CIP 2-048
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I, I'
- 56 -
L. PLANNING ITEM # 59241
J.COASTAL LIVING BUILDERS, LLCI
WILIAM T. KILEY and HELEN R. PAXTON VARIANCE
2. LOLA L. MORRIS MODIFICATION OF CONDITIONS
(APPROVED ON JUNE 8, 1987)
3. NEW CINGULAR WIRELESS PCS, LLC CONDITIONAL USE PERMIT
(TIA AT & T)
4. VIRGINIA BEACH SCHOOL BOARD CONDITIONAL USE PERMIT
5. ROBERT ARNOLD CONDITIONAL USE PERMIT
6. WILLIAM E. and MONA D. GRAINER CONDITOINAL USE PERMIT
September 22, 2009
, I
- 57 -
Item V-L.
PLANNING
ITEM # 59242
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED in ONE
MOTION Items 1 (DEFERRED), 2, 3, 4, 5 (CONDITION NO.4 REVISED) and 6 of PLANNING
BY CONSENT AGENDA.
Item No. I (COASTAL LIVING BUILDERS, L.L.C./WILLIAM T. KILEY & HELEN R. PAXTON)
shall be DEFERRED until the City Council Session of October 27, 2009)
,
Item No.5 (ROBERT ARNOLD), Condition No.4 re acreage shall be revised: "J(} 18.54 acres of
proposed Parcel I containing the western-most portion of the site.
Voting:
I 1-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
September 22, 2009
i I
- 58 -
Item V-L.1.
PLANNING
ITEM # 59243
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council DEFERRED TO
OCTOBER 27, 2009, Variance to 94.4(b) of the Subdivision Ordinance that requires all newly created
lots meet the requirements of the City Zoning Ordinance (CZO) for COASTAL LIVING BUILDERS,
L.L.C./WILLIAM T. KILEY & HELEN R. PAXTON to resubdivide thefour (4) lots into two parcels for
the development of two singlejamily dwellings at 800 Greensboro Avenue.
Variance to 94.4(b) of the Subdivision Ordinance that requires all newly
created lots meet the requirements of the City Zoning Ordinance (CZO)
for COASTAL LIVING BUILDERS, L.L.C./WILLIAM T. KILEY &
HELEN R. PAXTON to resubdivide the four (4) lots into two parcels for
the development of two singlejamily dwellings at 800 Greensboro
(GPIN: 2417916180000)DISTRICT6 - BEACH
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
September 22, 2009
'[ "I
- 59 -
Item V-L.2.
PLANNING
ITEM # 59244
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council, ADOPTED an
Ordinance upon application of LOLA L. MORRIS for Modification of Conditions (previously approved
by City Council on June 8, 1987) to allow additional low-intensity businesses at 3725 West Stratford
Road.
ORDINANCE UPON APPLICATION OF LOLA L. MORRIS FOR
MODIFICATION OF CONDITIONS (PREVIOUSLY APPROVED BY
CITY COUNCIL ON JUNE 8, 1987) TO ALLOW ADDITIONAL LOW-
INTENSITY BUSINESSES AT 3725 WEST STRATFORD ROAD.
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of LOLA L. MORRIS for Modification of
Conditions (previously approved by City Council on June 8, 1987) to
allow additional low-intensity businesses at 3725 West Stratford Road.
(GPIN #:14893940570000)
DISTRICT 4 - BA YSIDE
The following condition shall be required:
1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court
and is hereby made a part of the record.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph. Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
September 22, 2009
'I "I
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-7544
DATE: September 10, 2009
FROM:
Mark D. Stile~~~
B. Kay Wilso~
DEPT: City Attorney
DEPT: City Attorney
TO:
RE: Conditional Zoning Application; Lola L. Morris
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on September 22, 2009. I have reviewed the subject proffer agreement, dated
July 21,2009 and have determined it to be legally sufficient and in proper legal form. A
copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/ka
Enclosure
cc: Kathleen Hassen
II ,'I
FIRST AMENDMENT TO PROFFERED COVENANTS AND CONDITIONS
LOLA L. MORRIS
TO PROFFERED (COVENANTS AND CONDITIONS)
CITY OF VIRGINIA BEACH
THIS AGREEMENT, made this 21ST day of July, 2009, by and between LOLA L.
MORRIS, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia, Grantee.
WITNESSETH:
WHEREAS, the Grantor is the owner of that certain property located in the Bayside
District of the City of Virginia Beach, Virginia, containing a total of approximately 6,769
square feet as more particularly described in Exhibit "I: attached hereto and incorporated
herein by reference, which parcel is referred to herein as the ''PropertY'; and
WHEREAS, the Grantor has initiated a modification to a conditional amendment to
the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to
modify conditions to the Zoning Classification of the Property; and
WHEREAS, the Grantor has requested Grantee to permit this modification of the
previously proffered Covenants and Conditions dated June 8, 1987 (hereinafter "1987
Proffers'), to reflect amendments applicable to the land use plan on the Property; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of
land for various purposes through zoning and other land development legislation; and
WHEREAS, the Grantor acknowledges that the competing and sometimes
incompatible development of various types of uses conflict and that in order to permit
differing types of uses on and in the area of the Property and at the same time to recognize
the effects of change that will be created by the proposed modification of conditions to the
zoning, certain reasonable conditions governing the use of the Property for the protection
of the community that are not generally applicable to land similarly zoned are needed to
resolve the situation to which the application gives rise; and
GPIN: 1489-39-4057
PREPARED BY & RETURN TO: SYKES, BOURDON, AHERN & LEVY, P.C.
PEMBROKE ONE BUILDING, THE FIFTH FLOOR
VIRGINIA BEACH, VIRGINIA 23462
1
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WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and
prior to the public hearing before the Grantee, as a part of the proposed modification to
the existing zoning conditions with respect to the Property, the following reasonable
conditions related to the physical development, operation, and use of the Property to be
adopted, which conditions have a reasonable relation to the proposed modification and the
need for which is generated by the proposed modification.
NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns,
grantees, and other ~uccessors in title or interest, voluntarily and without any requirement
by or exaction from the Grantee or its governing body and without any element of
compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision
approval, hereby makes the following declaration of conditions and restrictions which
shall restrict and govern the physical development, operation, and use of the Property and
hereby covenants and agrees that this declaration shall constitute covenants running with
the Property, which shall be binding upon the Property and upon all parties and persons
claiming under or through the Grantor, its successors, personal representatives, assigns,
grantees, and other successors in interest or title:
1. The proffer in the 1987 Proffers that provides, 'The property shall be used
solely for interior design operation purposes as an extension of the grantors' current
interior design business' is amended to read, 'The property shall be used solely for an art
gallery; business studio; office; florist; gift shop; interior design business; stationery store;
laboratory and establishment for the production and repair of eye glasses, hearing aids or
prosthetic devices; medical laboratory or dental laboratory:'
2. All of the terms, conditions, covenants, servitudes and agreements set forth
in the 1987 Proffers recorded in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia, in Deed Book 2661, at Page 1817, save and except, the proffer specifically
amended and modified herein, shall remain in force and effect, running with the Property
and binding upon the Property and upon all parties and persons claiming under, by or
through the Grantor, its heirs, personal representatives, assigns, tenants, and other
successors in interest or title.
The Grantor further covenants and agrees that:
All references hereinabove to the B-2 District and to the requirements and
regulations applicable thereto refer to the Comprehensive Zoning Ordinance and
2
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Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of
approval of this Agreement by City Council, which are by this reference incorporated
herein.
The above conditions, having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue
in full force and effect until a subsequent amendment changes the zoning of the Property
and specifically repeals such conditions. Such conditions shall continue despite a
subsequent amendment to the Zoning Ordinance even if the subsequent amendment is
part of a comprehensive implementation of a new or substantially revised Zoning
Ordinance until specifically repealed. The conditions, however, may be repealed,
amended, or varied by written instrument recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, and executed by the record owner of the
Property at the time of recordation of such instrument, provided that said instrument is
consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a
resolution adopted by the governing body of the Grantee, after a public hearing before the
Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code
of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with
said instrument as conclusive evidence of such consent, and if not so recorded, said
instrument shall be void.
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary authority, on behalf of the governing body of the City of Virginia
Beach, Virginia, to administer and enforce the foregoing conditions and restrictions,
including the authority (a) to order, in writing, that any noncompliance with such
conditions be remedied; and (b) to bring legal action or suit to insure compliance with
such conditions, including mandatory or prohibitory injunction, abatement, damages, or
other appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to
deny the issuance of any of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to
these provisions, the Grantors shall petition the governing body for the review thereof
prior to instituting proceedings in court; and
3
II "I
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances and the
conditions may be made readily available and accessible for public inspection in the office
of the Zoning Administrator and in the Planning Department, and they shall be recorded
in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed
in the names of the Grantors and the Grantee.
4
II
WITNESS the following signature and seal:
Grantor:
~,~ ~~~~~
Lola L. Morr~
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
The foregoing instrument was acknowledged before me this 21st day of July, 2009,
by Lola L. Morris, Grantor.
My Commission Expires:
Notary Registration No.:
qAlw/J. ~
Notary Public
C1 \?o\l z...
\q\~l<1
5
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iii
EXHIBIT "A"
Legal Description For
Proffer Modification
ALL THAT certain lot, piece or parcel of land, with the buildings and
improvements thereon, lying, situate and being in the City of Virginia
Beach, Virginia, and being known, numbered and designated as Lot 3, Block
33, as shown on that certain plat entitled ''Section B of Ocean Parl<', which
plat is duly recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, in Map Book 5, at page 137.
IT BEING a portion of the property conveyed to Lola L. Morris, married, by
deed of assumption from Jackie L. Morris and Lola L. Morris, husband and
wife, dated April 30, 1992, and recorded June 8, 1992, in the aforesaid
Clerk's Office in Deed Book 3095, at page 1099.
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Item V-L.3.
PLANNING
ITEM # 59245
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council, ADOPTED
Ordinance upon Application of NEW CINGULAR WIRELESS PCS, LLC (T/A AT&T) for a
Conditional Use Permit re a communication tower at 6009 Blackwater Road
ORDINANCE UPON APPLICATION OF NEW CINGULAR
WIRELESS PCS, LLC (T/A AT&T) FOR A CONDITIONAL USE
PERMIT RE A COMMUNICATION TOWER AT 6009 BLACKWATER
ROAD R090935369
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of NEW CINGULAR WIRELESS PCS,
LLC (T/A AT&T) for a Conditional Use Permit re a communication
tower at 6009 Blackwater Road (GP IN#: 13982135880000)
DISTRICT 7 - PRINCESS ANNE
The following conditions shall be required:
1. The site shall be developed substantially in accordance with the submitted development plans
entitled "AT&T Indian Creek Road, Site #NF325A, 6009 Blackwater Road, Virginia Beach,
Virginia 23457", prepared by BC Architects and Engineers and dated 4/30/08. Said plans
have been exhibited to the Virginia Beach City Council and are onfile in the Virginia Beach
Department of Planning.
2. The proposed tower shall not exceed one hundred forty-five (145) feet in overall height.
3. In the event interference with any City emergency communications facilities arises from the
user(s) of this tower, 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 cease operation to the extent necessary to stop the interference.
4. In the event that antennas on the tower and/or the tower are inactive for a period of one (1)
year, the tower shall be removed at the applicant's expense.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-second of September,
Two Thousand Nine
September 22, 2009
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Item V-L.3.
PLANNING ITEM # 59245 (Continued)
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
September 22, 2009
II ,II
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Item V-LA.
PLANNING
ITEM # 59246
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED an
Ordinance upon application of VIRGINIA BEACH SCHOOL BOARD for a Conditional Use Permit re
wind energy conversion system (freestanding) at 1677 Harpers Road.
ORDINANCE APPLICATION OF VIRGINIA BEACH SCHOOL
BOARD FOR A CONDITIONAL USE PERMIT RE WIND ENERGY
CONVERSION SYSTEM (FREESTANDING R090935370
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of VIRGINIA BEACH SCHOOL BOARD
for a Conditional Use Permit re wind energy conversion system
(freestanding) at 1677 Harpers Road. (GPIN#: 245874809)
DISTRICT 6 - BEACH DISTRICT
The following conditions shall be required:
1. The four (4) Wind Energy Conversion System units shall be located on the site in the
location indicated on the submitted site plan entitled "Conditional Use Permit Wind Energy
Conversion Systems Site Plan, Pupil Transportation Maintenance Facility, at Harpers Road
Virginia Beach City Public Schools, Sheet CUP-1, "dated 08/07/09.
2. Each of the four (4) Wind Energy Conversion System units shall be of the type and meet the
specifications indicated on the submitted plan entitled "Electrical Wind Turbine Details,
Pupil Transportation Maintenance Facility at Harpers Road, Virginia Beach City Public
Schools, Sheet E0004, " dated 01/11/09.
3. As specified in Section 209(d) of the City Zoning Ordinance, the WECS, including all
associated equipment, shall be inspected every two (2) years to ensure compliance with the
provisions of Section 209 and the conditions of this Use Permit. Said report shall be
submitted to the Planning Director and the first report shall be submitted prior to two (2)
years after City Council's approval of this Use Permit.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach. Virginia, on the Twenty-second of September,
Two Thousand Nine
September 22, 2009
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Item V-L.4.
PLANNING ITEM # 59246 (Continued)
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Ron A, Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
September 22, 2009
II
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Item V-L.5.
PLANNING
ITEM # 59247
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, with
Revised Condition No.4, an Ordinance upon application of ROBERT ARNOLD for a Conditional Use
Permit re alternative residential development at Blackwater Road and Shirley Landing Drive:
ORDINANCE UPON APPLICATION OF ROBERT ARNOLD FOR A
CONDITIONAL USE PERMIT RE ALTERNATIVE RESIDENTIAL
DEVELOPMENT AT BLACKWATER ROAD AND SHIRLEY LANDING
DRIVE R090935371
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of ROBERT ARNOLD for a Conditional
Use Permit re alternative residential development at Blackwater Road
and Shirley Landing Drive (GPIN# 1398129745). DISTRICT 7 -
PRINCESS ANNE DISTRICT
The following conditions shall be required:
1. The final plat shall depict the three proposed parcels as depicted on the plan entitled
"Preliminary Subdivision Plan of Parcel Number (GP IN) 1398-12-9745, " prepared by
Mel Smith & Associates, dated May 22, 2009.
2. The ingress/egress for the entire thirty-seven (37) acres shall be limited to two (2) points
along Blackwater Road. Easements necessary to provide legal shared access shall be
included and depicted on the final plat.
3. As required by the Rural Development Guidelines set forth in the City of Virginia Beach
Comprehensive Plan, afifty (50)100t wide, vegetative buffer shall be installed as
depicted on the plan referenced in Condition 1 above. The first twenty-jive (25) feet of
said buffer, closest to the adjacent agricultural field, shall be planted with a mixture of
grasses and low growing indigenous shrubs. The second twenty-jive (25) feet of said
buffer shall be planted with a double row of trees with a minimum caliper of one and
one-half (llh) inches and should be centered no more than thirty (30) feet on center.
These trees shall be indigenous and consist of a mixture of twenty-five (25) percent
deciduous and seventy-five (75) percent evergreen. A Landscape Plan shall be submitted
with the final plat to the Development Services Center for review and approval prior to
the recordation of the final plat.
4. As a means of preserving and avoiding fragmentation of productive farmland, a legal
instrument, acceptable to the City Attorney's Office, shall be recorded in order to set
aside, in perpetuity, a portion of the thirty-seven (37)-acre site for agricultural and open
space uses. Said instrument shall be recorded prior to, or in conjunction with, the final
plat and shall include a minimum ofJO 18.54 acres of proposed Parcell containing the
western-most portion of the site.
5. In order to ensure a continued sense of rural character, the architectural design of the
proposed single1amily dwellings shall reflect the rural vernacular style. Elevations shall
be submitted to the Planning Director for review and approval prior to the issuance of a
building permit.
September 22, 2009
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Item V-L.5.
PLANNING
ITEM # 59247 (Continued)
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach. Virginia, on the Twenty-second of September,
Two Thousand Nine
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph. Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
September 22, 2009
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- 66-
Item V-L.6.
PLANNING
ITEM # 59248
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED an
Ordinance upon Application of WILLIAM E. and MONA D. GRAINGER for a Conditional Use Permit
re a bulk storage yard at 2432 Bowland Parkway.
ORDINANCE UPON APPLICATION OF WILLIAM E. AND MONA D.
GRAINGER FOR A CONDITIONAL USE PERMIT RE A BULK
STORAGE YARD AT 2432 BOWLAND PARKWAY R090935373
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of WILLIAM E. and MONA D.
GRAINGER for a Conditional Use Permit re a bulk storage yard at
2432 Bowland Parkway (GPIN #14968936840000)
DISTRICT 6 - BEACH DISTRICT
The following conditions shall be required:
1. The site and landscaping shall be developed in substantial conformance with the
submitted site plan entitled, "Conditional Use Permit Exhibitfor Cast Stone, Inc. Bulk
Storage Yard" by NDL L.L.c. and dated May 8,2009. The plan has been exhibited to
the Virginia Beach City Council and is on file with the Virginia Beach Planning
Department.
2. The storage yard shall have Category VI screening along the north, east and south sides
of the proposed yard except for necessary openings for ingress and egress and except
where the yard is located directly adjacent to a building.
3. No outdoor storage of parts, equipment or vehicles that are in a state of obvious
disrepair shall be permitted.
4. The bulk storage yard shall consist of at least six (6)-inches of aggregate stone and shall
be delineated with curb stops or some other City-approved material to contain the
aggregate on the site.
5. All trees located within the proposed tree preservation easement area, as identified on
the site plan described in the above Condition 1, shall not be removed, destroyed or
damaged. If trees within this area are damaged or removed by natural causes, the
applicant must submit a landscape plan to the Planning Department/Development
Service Center for review and approval by the Planning Director or his designee.
This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-second of September,
Two Thousand Nine
September 22, 2009
,II
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- 67 -
Item V-L. 6.
PLANNING ITEM # 59248 (Continued)
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
September 22, 2009
ill
ill
- 68 -
Item V.M.1.
APPOINTMENTS
ITEM # 59249
Upon NOMINATION by Vice Mayor Jones, City Council:
REAPPOINTED:
Bart Frye
4 year term
October 1,2009 - September 30,2013
APPOINTED:
Arnold Dawley
John Cromwell
4 year term
October 1,2009 - September 30,2013
AGRICULTURAL ADVISORY COMMISSION
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
September 22, 2009
II "I
- 69 -
Item V.M.2.
APPOINTMENTS
ITEM # 59250
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Gary Nelson
5 year term
January 1, 2010-December 31,2014
BOARD OF ZONING APPEALS
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
September 22, 2009
II ,I
- 70 -
Item V.M.3.
APPOINTMENTS
ITEM # 59251
BY CONSENUS, City Council RESCHEDULED the following APPOINTMENT:
CHESAPEAKE BAY PRESERVATION AREA BOARD
September 22, 2009
i I 'I
- 71 -
Item V.M.4.
APPOINTMENTS
ITEM # 59252
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Paige Crunk
Unexpired term thru 03/31/2012
HEALTH SERVICES ADVISORY BOARD
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
September 22, 2009
,II
II 1'1
- 72-
Item v.M. 5
APPOINTMENTS
ITEM # 59253
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Reba McClanan
2 year term
11/01/2009 -10/31/2011
HISTORICAL REVIEW BOARD
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms,
Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
September 22, 2009
II ,'I
- 73 -
Item v.P.
ADJOURNMENT
ITEM # 59254
Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6:29 P.M.
~__{!.:)fR~
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
~~~
uth Hodges Fraser, MMC
ity Clerk
William D. Sessoms. Jr.
Mayor
City of Virginia Beach
Virginia
September 22,2009
'I
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- 73 -
Item v.P.
ADJOURNMENT
ITEM # 59254
Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6:29 P.M.
a~___(2_t__'&! 4-J
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
Q~~
)u~~ges Fraser, MMC
City Clerk
~
Wd
---~------------- --------------- .
William D. Sessoms, Jr.
Mayor
City of Virginia Beach
Virginia
September 22, 2009