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HomeMy WebLinkAboutAPRIL 12, 2011 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., Ai -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 RITA SWEET BELLITTO, At -Large GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. De.ST EPH, At -Large HARRY E. DIEZEL, Kempsville - District 2 ROBERTAI. DYER, Centerville - District l BARBARA M. HENLEY, Princess Anne — District 7 JOHN E. UHRIN, Beach -- District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K SPORE CITY ATTORNEY -MARK D. STILES CITY ASSESSOR - JERALD D. BANAGAN CITY AUDITOR- LYNDONS. RF.MIAS CITY CLERK - RUTH HODGES FRASER, MMC I. CITY COUNCIL WORKSHOP CITY COUNCIL AGENDA 12 April 2011 - Conference Room - A. FY 2011-2012 MANAGEMENT RESOURCE PLAN 1. CONSTITUTIONAL OFFICER Tina Sinnen — Clerk, Circuit Court 2. SAFE COMMUNITY a. OVERVIEW Catheryn Whitesell, Director — Management Services b. EMERGENCY COMMUNICATIONS and CITIZEN SERVICES Athena Plummer, Director c. EMERGENCY MEDICAL SERVICES Bruce Edwards, Chief d. FIRE Steve Cover, Chief e. POLICE James Cervera, Chief - ..:i o 6 � ouR HSPoas CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com 1:30 PM 3. QUALITY PHYSICAL ENVIRONMENT a. OVERVIEW Catheryn Whitesell, Director — Management Services b. PLANNING Jack Whitney, Director c. PUBLIC UTILITIES Tom Leahy, Director d. PUBLIC WORKS Jason Cosby, Director 4. CULTURAL and RECREATIONAL OPPORTUNITIES a. OVERVIEW Catheryn Whitesell, Director — Management Services b. OFFICE OF CULTURAL AFFAIRS Emily Spruill, Cultural Arts Coordinator c. MUSEUMS Lynn Clements, Director d. PARKS and RECREATION Cindy Curtis, Director II. CITY COUNCIL LIAISON REPORTS - Conference Room - 4:00 PM 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 4:30 PM VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Thomas Powell Calvary Chapel of Virginia Beach 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 I. INFORMAL and FORMAL SESSIONS 2. SPECIAL SESSION G. FORMAL SESSION AGENDA H. CONSENT AGENDA I. PUBLIC HEARING 1. INSTALLMENT PURCHASE AGREEMENT Acquisition of Agricultural Land Preservation (ARP) Easements 2933 West Gibbs Road J. ORDINANCES 1. Ordinances to AMEND the City Code: a. §35-138 re Meals Tax b. § 16-48 re sales prices of certain Workforce Housing Units March 22, 2011 March 29, 2011 0 c. §18-56 re Clarification of permit requirements for hairdressing, tanning and nail salons 2. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement to Clayton and Myrtice Delaney at 2933 West Gibbs Road DISTRICT 7 — PRINCESS ANNE 3. Ordinance to AUTHORIZE temporary encroachments into portions of City -owned rights-of- way by WEST NECK PROPERTIES, INC. to maintain two existing subdivision signs, brick walls, columns, landscaping and an irrigation system at West Neck Road, Kestrel Lane and Indian River Road at the entrance to Eagles Nest subdivision 4. Ordinance to AUTHORIZE the City Manager to EXECUTE and SUBMIT the 2011 Housing Choice Voucher Annual Agency Plan and Revised Administrative Plan to US Housing & Urban Development (HUD) 5. Ordinance to AUTHORIZE Amendment No. 9 to the Public Works Specifications and Standards Manual 6. Ordinance to MODIFY an interest-free loan to the Virginia Beach Rescue Squad to clarify the payment schedule 7. Ordinance to ACCEPT a donation from the Norfolk Police Department of automated license plate readers valued at $76,800 for the Virginia Beach Police Department 8. Ordinances to: a. TRANSFER $8,774 from "Instructions" to "Technology" within the FY 2010-2011 School Operating Budget b. APPROPRIATE $108,141 from the Department of Homeland Security to the Fire Department re various equipment to support Marine Team operations c. APPROPRIATE $50,000 from the Virginia Aquarium and Marine Science Center Foundation, Inc. for the remainder of FY2010-2011 to reimburse five positions for a research project K. PLANNING 1. Application of BAYBERRY RENTALS, LLC, for a Noncon—forming Use to enlarge the existing duplex at 2301 Bayberry Street (DISTRICT 5 — LYNNHAVEN) RECOMMENDATION APPROVAL 2. Application of DARSHAK PATEL (KAVERI, LLC) and MABEL BROCK for Modification of Conditions re size of the convenience store (approved by City Council January 21, 1985) and ADD a Greyhound passenger terminal on-site at 971 Virginia Beach Boulevard (DISTRICT 6 — BEACH) RECOMMENDATION DEFER TO 5/10/11 3. Application of GREYHOUND LINES, INC. for a Conditional Use Permit re a passenger terminal at 971 Virginia Beach Boulevard (DISTRICT 6 — BEACH) RECOMMENDATION DEFER TO 5/10/11 4. Applications of 7 -ELEVEN, INC./COURTHOUSE MARKETPLACE OUTPARCELS, LLC at 2448 Nimmo Parkway re a retail center (deferred by City Council on March 22, 2011) (DISTRICT 7 — PRINCESS ANNE) a. Modification of Conditional Change of Zoning Proffers re the Wawa site b. Modification of a Conditional Use Permit re fuel sales with a convenience store RECOMMENDATION APPROVAL Application of STAIN STUDIOS, LLC fora Conditional Use Permit re a tattoo studio at 92 South Witchduck Road (deferred by City Council on March 22, 2011) (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION APPROVAL 6. Application of BUDDHIST EDUCATION CENTER OF AMERICAN DONG HUNG TEMPLE. INC. for a Conditional Use Permit re a religious use at 423 Davis Street (DISTRICT 2 -KEMPSVILLE) RECOMMENDATION APPROVAL 7. Application of CRAB POT SEAFOOD T/A WICKERS CRAB POT/RAY D. JR. and MICHELLE R. WICKER for a Conditional Use Permit re a home occupation at 3537 Byrn Brae Drive on the Elizabeth River (DISTRICT 2 -KEMPSVILLE) APPLICANT REQUESTS DEFERRAL TO 4/26/11 8. Application of ROBERT L. NELSON and BARBARA N. GRAY T/A WEST LANDING MARINE for a Modification of Conditional Use Permit (Condition No. 5 re launching personal watercraft) at 2748 West Landing Road. (DISTRICT 7 - PRINCESS ANNE) APPLICANT REQUESTS WITHDRAWAL 9. Application of CITY OF VIRGINIA BEACH RESORT MANAGEMENT OFFICE for a Conditional Use Permit re a commercial parking lot at 319 18th Street (DISTRICT 6 — BEACH) RECOMMENDATION INDEFINITE DEFERRAL L. APPOINTMENTS COMMUNITY MEDICAL ADVISORY COMMISSION COMMUNITY SERVICES BOARD ENERGY ADVISORY COMMITTEE HUMAN RIGHTS COMMISSION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 FY 2011-2012 RESOURCE MANAGEMENT PLAN "BUDGET" April 21Public Hearing (Green Run High School) April 26 Public Hearing (Council Chamber) May 3 Reconciliation Workshop (Conference Room 234) May 10 Adoption -1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia April 12, 2011 Mayor William D. Sessoms, Jr., called to order theCITY COUNCIL WORKSHOP re the FY2011 ANA - 2012 MGEMENT RESOURCE PLAN in the City Council Conference Room, Tuesday, April 12, 2011, at 1:30 P.M. Council Members Present: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Harry E. Diezel (Entered.- 2: 45 P. M., Doctor's Appointment) Barbara M. Henley (Entered.- 2:50 P.M, cannot drive waiting for ride) April 12, 2011 -2 - MAYOR'S COMMENTS ITEM # 60766 Mayor Sessoms referenced a request from Senators Jeffrey L. Mc Waters and Frank W. Wagner; re the City Council consider signing correspondence re Senate Redistricting by the Bipartisan Advisory Commission. Senator McWaters has requested City Council consider requesting the Governor approve the Governor's Bipartisan Advisory Commission Plan for the Senate as a replacement for the General Assembly Plan. Maps showing the Districts were distributed. The Bipartisan Commission Plan wouId have Virginia Beach represented by two Senators who are mainly in Virginia Beach. The Bipartisan Advisory Commission is a much fairer Plan. The City Council, in its correspondence, respectfully requests the proposal of the Bipartisan Commission for Hampton Roads Senate Districts be utilized. ITEM # 60 76 7 Mayor Sessoms referenced correspondence, which is hereby made a part of the record concerning the General Assembly's Reconvened Session. The City was fortunate to have the entire $7.5 -Million in the BRAC money restored by the House and Senate. This was an involved effort by many people over the last month. The General Assembly treated local governments well in the budget recommendations that would have otherwise had detrimental effects. This included restoring $75 -Million to the Comprehensive Services Act (CSA) Program for foster children. One notable defeat was the Governor's proposal to allow local governments, including School Boards, to have current employees pay 5% toward their retirement under the Virginia Retirement System (VAS). It is thought the primary reason is due to the lack of a requirement for local governments or School Boards to provide an offsetting pay increase to negate the employee contribution to VRS. April 12, 2011 OUR NA110N'S OFFICE OF THE CITY MANAGER (757)385-4242 FAX(757)427-5626 April 12, 2011 City of Virgin is Beac1-a The Honorable William D. Sessoms, Jr. Members of City Council Subject: Senate Redistricting by the Bipartisan Advisory Commission Dear Mayor and Council Members: V Bgov. corn MUNICIPAL CENTER BUILDING 1, ROOM 234 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9001 We have provided you with information regarding Senate redistricting by the General Assembly. The Governor has seven days to act on the plan. Senator McWaters has requested that Council consider requesting the Governor to approve the Governor's Bipartisan Advisory Commission plan for the Senate as a replacement for the General Assembly plan. Maps showing those proposed districts are attached. As you can see, the Bipartisan Commission plan would have Virginia Beach represented by two Senators who are mainly in Virginia Beach. Senator Blevins district would remain essentially as it is currently. If Council wishes to support the Governor's Bipartisan Advisory Commission plan, staff has prepared the attached letter to the Governor to that effect. If you need further information, please contact me or Bob Matthias. With Pride in Our City, Jam s Spore City a ager JKS/RRM/tdr Attachment cc: Virginia Beach General Assembly Delegation Robert R. Matthias, Assistant to the City Manager Angie Bezik, Principle Advantage Ann E. Flandermeyer, Principle Advantage f - p t _ m Or OUR NAI\o ; WILLIAM D. SESSOMS, JR. MAYOR April 12, 2011 amity of Vir-gir--vi�=-t 13e�=-lc" The Honorable Robert F. McDomzell Office of the Governor Patrick Henry Building, 3rd Floor 1111 East Broad Street Richmond, Virginia 23219 Subject: Senate Redistricting by the Bipartisan Advisory Commission Dear Governor McDonnell: MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9000 (757) 385-4581 FAX (757) 385-5699 wsessoms @vbgov.com The City Council of Virginia Beach is very concerned about the General Assembly approved plan for Senate redistricting as it affects Virginia Beach. That plan which is now before your review would rob Virginia Beach of one Senator and have Virginia Beach mostly represented by the 7th District; the 13t11 District, with an area stretching 65 miles to the west at Zuni; and the 14t" District, which includes most of the City of Chesapeake. There would also be a small portion of the 6th District. Even more troublesome is that incumbents who live outside Virginia Beach will represent more than 50% of the population in the 13th and 14`h Districts in Virginia Beach. As an alternative, we believe the Senate redistricting put forward by the Bipartisan Advisory Commission is a much fairer plan. We respectfully request as part of your recommendations that you utilize the proposal of the Bipartisan Commission for Hampton Roads Senate Districts. The Honorable Robert F. McDonnell Subject: Senate Redistricting by the Bipartisan Advisory Commission April 12, 2011 Page 2 Thank you for your attention to this matter. Respectfully, illiam D. Sessoms, Jr. Mayor z."4 tzv�- Gle R. Davis, Jr. Council Member DI'. It VffaLe_49 �2 ouis R. Jolie Vice -Mayor William R. DeStep Council Member bert M. er Barbara M. Henley Council Member C uncil ember Rosemary Yisfin m s L. Wood Council MehtKer Co cil Member cc: Virginia Beach General Assembly Delegation Rita Sweet-Bellitto Council Member 4-C-4_1 0 4 arry E.ezel Council 91mber / Z"' J i t. Uhrin Council Member Op UUP j\O OFFICE OF THE CITY MANAGER (757)365-4242 FAX (757) 427-5626 April 8, 2011 City of Virgirzia Beach The Honorable William D. Sessoms, Jr. Members of City Council Subject: General Assembly Reconvened Session Dear Mayor and Council Members: VBgov.com MUNICIPALCENTER BUILDING 1, ROOM 234 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9001 The General Assembly met for its reconvened session on Wednesday, April 6. They attended to 86 amendments made to the budget by the Governor, and numerous amendments proposed by the Governor for bills passed during the regular session. The City was fortunate to have the entire $7.5 million in the BRAC money restored by the House and Senate. This was an involved effort by many people over the last month. I want to recognize Ira Agricola, Hampton Roads Chamber of Commerce, for the behind the scenes work that he did with several special groups of legislators. The General Assembly treated local governments well in the budget recommendations that would have otherwise had detrimental effects. This included restoring $7.5 million to the Comprehensive Services Act (CSA) Program for foster children. One notable defeat was the Governor's proposal to allow local governments, including school boards, to have current employees pay 5% toward their retirement under the Virginia Retirement System (VRS). This amendment would have undoubtedly failed in the Senate, but the House acted first. Although, one can speculate why this issue was unsuccessful, it is thought the primary reason is due to the lack of a requirement for local governments or school boards to provide an offsetting pay increase to negate the employee contribution to VRS. Again, thanks to our entire team, which this year included Admiral Harvey, Fleet Forces Commander, whose name was invoked several times on the floor of both the House and Senate on Wednesday. The Honorable William D. Sessoms, Jr. Members of City Council Subject: General Assembly Reconvened Session April 8, 2011 Page 2 If you have questions or concerns, or need further information, please contact Bob Matthias at (757) 385-8267. With Pride in Our City, Jame pore City Manager JKS/RRM/tdr cc: Management Leadership Team Robert Matthias, Assistant to the City Manager Ira Agricola, Hampton Roads Chamber of Commerce -3 - CITY COUNCIL WORKSHOP FY 2011-2012 MANAGEMENT RESOURCE PLAN CONSTITUTIONAL OFFICER ITEM # 60768 1:30 P.M. The Honorable Tina Sinnen — Clerk, Circuit Court, advised the Clerk's Office is a Court of Record and offers services to the citizens of Virginia Beach which are all mandated by the State Code.- Total ode: Clerk of the Circuit Court Total $2,788,432 57.00 $3,016,577 57.00 $228,150 FY 12 Funding FY12 Expenditures $3.500 $3.000 $2.500 $2.000 $1.500 $1.000 $0.500 . .� ...._._ ■._. 100% ■..__.\ $ --r _. .......a 90% 2006 2007 2008 2009 2010 2011 2012 80% Fiscal Years ■State O City 70% 60% Notes: 50% 1. Amounts for FY 2006 through 2010 are actuals. 40% 2. FY 2010 amount reflects a mid -year State 30% 20% funding cut resulting in the loss of 11 positions. 10% 3. The Proposed FY 2012 budget reflects 096 continuation of the FY 2011 level of Sate 2006 2007 2008 2009 2010 2011 2012 funding. Fiscal Years ■ State 0 City Land Records Clerk of the Circuit Court Funding Summary City and State Funding (in millions) Note: 1. Average percentage funding over the seven-year period: 64.8% State and 35.2% city Percentage of City and State Funding April 12, 2011 ME CITY COUNCIL WORKSHOP FY 2011-2012 MANAGEMENT RESOURCE PLAN CONSTITUTIONAL OFFICER ITEM # 60768 (Continued) Clerk of the Circuit Court FY 2011-12 Trends & Highlights r The FY 2012 Budget includes $150,000 for maintenance of the Land Records System. This will partially offset the anticipated reduction in funding from the State Technology Trust Fund. Y This budget will allow for continuation in the current hours of operation. r In calendar year 2010, this Office collected $6,466,805 of City revenues. r This Office continues to be an excess fee office in which the revenues generated exceed the cost of operations. • In calendar year 2010, a total of $3,622,222 in Clerk's fees were collected. • State operating costs totaled $1,523,901 resulting in an excess fees of $2,098,222. ■ Of the excess amount, $1,398,782 (two-thirds) went to the State and $699,440 (one-third) went to the City. The State has restored nine (9) positions to the Circuit Court. In December, the Circuit Court returned to their normal office hours. A grant was secured for a second year and assisted in securing an individual to assist with the Criminal Sentencing Orders, which has been an enormous benefit in the Courtroom. The individual's error ratio is slightly over zero. The Clerk's office has returned to fifty-seven (5 7) full time employees (52 State and 5 locality). Circuit Court has built their own "Case Management" Website. April 12, 2011 -5 - CITY COUNCIL WORKSHOP FY 2011-2012 MANAGEMENT RESOURCE PLAN SAFE COMMUNITY ITEM # 60769 1:42 P.M. Catheryn Whitesell, Director — Management Services, provided an overview of Safe Community: Safe Community FY 2010 FY 2010-11 FY 2011-12 % Safe Community* Actual Adjusted Proposed Change Budgeted Expenditures $ 142,322,532 $ 150,062,537 $ 150,313,769 0.17% FTEs 1,678.45 1,668.92 1,678.82 0.59% 'Excludes Commonwealth's Attorney, Sheriff and Clerk of the Circuit Court who will present April 5th as Constitutional Officers. v Business Area includes Commonwealth's Attorney, Courts and Courts Support, 8.6% of Emergency Communications and Citizen Total Operating Services, Emergency Medical Services, Fire, Budget Police and Sheriff Departments City Council Goals: Create a financially sustainable City providing excellent services Virginia Beach continues to be the safest City for a city of its size in the country No changes in fee rates ➢ Opening of replacement Animal Shelter in December 2011 Safe Community Expenditures 2% 7% Revenues ❑ Courts and Courts Support ■ Emergency Communications and Citizen Services ❑ Emergency Medical Services ® Fire ■ Police ❑ Fees & Charges for Services ■ State and Federal ■ City & Other Local (Transfers) April 12, 2011 M CITY COUNCIL WORKSHOP FY 2011-2012 MANAGEMENT RESOURCE PLAN SAFE COMMUNITY EMERGENCY COMMUNICATIONS and CITIZENSERVICES ITEM # 60770 1:45 P.M. Athena Plummer, Director — Emergency Communications and Citizen Services, detailed her Management Resource Plan: Emergency Communication & Citizen Services Emergency $8,643,667 108 $7,710,385 102.0 (933,282) Communications Citizen Services $858,507 17 $895,639 15.5 $37,132 Director's Office SIM $227,516 2.0 $227,516' Administration $393,281 4.0 $393,281 Training $57,610 0:0 $57,$10 Technology & Support $921,661 0.0 $921,661 Total $9,502,174 125 $10,206,092 123.5 $703,918 Emergency Communication & Citizen Services Expenditures 76.2 ■ Personnel 0 Operations Revenues ■ City Revenue ❑State Wireless Revenue ® Transfers April 12, 2011 - 7 - CITY COUNCIL WORKSHOP FY 2011-2012 MANAGEMENT RESOURCE PLAN SAFE COMMUNITY EMERGENCY COMMUNICATIONS and CITIZENSERVICES ITEM # 60770 (Continued) Trends & Highlights ➢ ANUALI Selective Router ➢ Emergency Notification System ➢ Additional Programs ➢ Personnel and Retention ➢ Replacement Cycles Part of the Budget does include a reduction of 1.5 FTE's that have been vacant in the "311 ". Emergency Communications and this should be able to work around the loss with contractors, assisting with the scheduling. The average time in answering the 311 calls is approximately 18 seconds. The average 911 call is handled in 10 seconds or less. Approximately 15% of the calls are being answered after 20 seconds. April 12, 2011 IF:R CITY COUNCIL WORKSHOP FY 2011-2012 MANAGEMENT RESOURCE PLAN SAFE COMMUNITY EMERGENCY MEDICAL SERVICES ITEM # 60771 1:53 P.M. Chief Bruce Edwards and Deputy Chief Bill Kiley Emergency Medical Services, detailed the Management Resource Plan: l � 11 i _� �.t L"dERGEIdCY P; LL31CAL -,LHVICLS Administration $590,586 7.50 $587,680 7.50 ($2,906) operations/Training $4,850,791 46.00 $4,818,790 47.00 ($32;001) Regulations/ Lifeguards $1,655,916 9.05 $1,665,525 9.45 $9,609 . _ . _ , i_ . w... Ay 9 Ar i6fte ftt%6% . Rolling Stock/ equipment $4,200,000 $4,290,000 t oici{n>�s Tatatl $12:400;000 $12,499;000 Annual EMS Response $8,300,000 $8,300,000 Anh6al Cc> ttributi $1.500,000 $1,iS68,028 Total Annual Contribution $22,200,000 $22,367,028 There is a.9% increase in the Budget ($65,505) which is due to the increase in State funding. A General Fund supported portion of the EMS Operating Budget decreased by .36% or approximately $25,000 April 12, 2011 CITY COUNCILWORKSHOP FY 2011-2012 MANAGEMENT RESOURCE PLAN SAFE COMMUNITY EMERGENCY MEDICAL SERVICES ITEM # 60771 (Continued) The Rolling Stock (all ambulances, support vehicles and equipment) is purchased by Volunteer Rescue Squads. The Volunteer Rescue Squads raise approximately 1.5-MILLLION annually. If facilities are added, the Volunteers are coming "to the table" with over $22 -Million total. �111 U1, EMERGENCY fv4EDI%AL SL RVIC�S Revenues Expenditures 375,000 5.0% 2,764,724 37 ■ General Fund E3 State Grants ■ Personnel ■ Operations TRENDS Aging population (the life span has increased) Continued increase in EMS call volume Recruitment and retention of volunteers Health Care Access FY 2011-12 Trends and Highlights Record number of EMS applicants Record Number of EMS members Increased number of ambulances staffed Virginia Beach Volunteer Rescue Squad Foundation Partnership BecomeEMS.org regional recruitment campaign Therapeutic Hypothermia protocol EMS - Electronic Medical Record deployed Sentara Princess Anne/ Sentara Independence - Midsummer The hiring and staffing of Lifeguards at Sandbridge Beach, rather than managing through contracts, saved approximately $105, 000 the first year and will save another $105, 000 this year. April 12, 2011 -10 - CITY COUNCILWORKSHOP FY 2011-2012 MANAGEMENT RESOURCE PLAN SAFE COMMUNITY FIRE 2: 07 P.M. ITEM # 60772 Chief Steve Cover — Fire, presented his Management Resource Plan: Fire Fire Adrnii5tration, 4;669.659 54.71 2.390,948 26.00 (2,2781711) Emergency 251,042 3.00 301,970 4.00 50,928 Management Fire Operations 36,169,916 399.00 35,815,700 398.00 (354,216) Fire Training 1,007,463 9.00 977,667 9.00 (29,796) Fire Programs Grant_ 1,157,260 1.00- 1,157,260 _1.00 0 Total 43,255,340 466.71 42,935,479 466.71 (319,861) Expenditures 10.2% Revenues 1,157,260 0.9% 2.7% 41,778,219 404 10 97.3% ■ Personnel 0 Operations ■Transfers ■ General Fund ■ Fire Programs Fund is FY2011-12 Trends and Highlights ➢ Grants: Marine, Technical Rescue Team, Emergency Response System, Training ➢ Capital Improvement Program: New Apparatus, Renovations at Fire Stations, Emergency Generators, Fire Training Center Master Plan ➢ Emergency Management: Exercises, Mitigation Program & Planning, Shelters ➢ Info -technology: Software for Computer Aided Dispatch, Station Alerting, Social Media, Intranet Training ➢ Re -accreditation August 2011: Commission on Fire Accreditation International ➢ Volunteers: Support Technicians and CERT ➢ Safety and Wellness programs: Continue to be a leader for City policy and practices Sentara Princess Anne Hospital will be opening this Summer in August. Sentara Bayside Hospital will no longer be a full service hospital and will be renamed "Sentara Independence ". April 12, 2011 -H - CITY COUNCILWORKSHOP FY 2011-2012 MANAGEMENT RESOURCE PLAN SAFE COMMUNITY POLICE ITEM # 60773 Wav Chief James Cervera — represented the Police Management Resource Plan: Police False Alarms $77,870 1.75 $76,870 1.75 ($1,000) Personnel and Training $3,896,418 31.72 $4,011,296 32.72 $114,878 Crime Prevention $853,681 8.00 $847,460 8.00 ($6,221) Support $4,269,19 58.00 $4,620,538 58.00 $350,619 K-9 Unit $1,566,426 16.00 $1,541,572 16.00 ($24,854) Helicopter Unit $1,412,795 8.00 $1,441,351 8.00 $28,556 Uniform Patrol $46,589,312 565.53 $46,010,845 564.53 ($578,467)' lied Lighi Cdtnera Program $1,174,563 2.40 $1;22,b25 2.40° w $50,462 Mounted Patrol $1,445,115 16.00 $1,428,585 16.00 ($16,530) Marine Patrol $922,124 10.46 $905;615 20.46, {$16,509) Police 1 11 1 P1 School Resource Ctfflcer Program Investigative Division ($84,263) Commercial Extraditions $854,425 0.00 $735,052 0.00 ($119,373)' Animal Control $2,610,169 35.00' $3;223,727 45.00; $613,558 , Domestic Violence Grant $71,521 1.00 $71,137 1.00 ($384) Total $86,412,942 996.66 $86,766,164 1,006.66: $353,222 April 12, 2011 -12 - CITY COUNCILWORKSHOP FY 2011-2012 MANAGEMENT RESOURCE PLAN SAFE COMMUNITY POLICE ITEM # 60773 (Continued) Police Revenues Expenditures 14.7% ®General Fund ® Department Revenue ■ Personnel ■ Operating FY 2011-12 Trends and Highlights ➢ Maintain violent crime rates at low levels ➢ Maintain case clearances above the national average ➢ Continue emphasis on community involvement ➢ Open the Virginia Beach Animal Care and Adoption Center ➢ Begin implementation of capital technology projects to provide more efficient processes ➢ Begin planning and implementation of a multi -use police facility to house Special Operations staff, Forensics Operations, and Evidence ➢ Resources are challenged in addressing community outreach, extraordinary criminal activities, trends, special events, CBD & Resort Area ➢ Special events and other service demands have required increased use of overtime Virginia Beach Police Department Overtime and Compensatory Time FY 09-10 ➢ Total Overtime Budget FY 09-10 $3,315,468 ➢ Total Overtime Spent FY 09-10 $3,730,006 ➢ Difference $ 414,538 ➢ Special Events $ 100,000 ➢ Supplemental Staffing $ 110,000 ➢ Additional Town Center/Resort Area OT $ 90,000 ➢ Additional Holiday $ 130,000 ➢ FY 04-05 sworn salary accounts increased by 17.2% while budgeted overtime increased by 8.8% ➢ About $270,000 needed to account for the full 17.2% adjustment April 12, 2011 -13 - CITY COUNCIL WORKSHOP FY 2011-2012 MANAGEMENT RESOURCE PLAN QUALITY PHYSICAL ENVIRONMENT ITEM # 60774 2:30 P.M. Catheryn Whitesell, Director — Management Services, provided an overview of Quality Physical Environment: Quality Physical Environment FY 2010 FY 2010-11 FY 2011-12 `Yo Quality Physical Environment Actual Adjusted Proposed Change Budgeted Expenditures $ 188,223,704 $ 216,071,965 $ 223,883,656 3.62% FTEs 1,398.88 1,384.78 1,407.38 1.63% r Business Area includes Planning, Public Utilities and Public Works Departments ➢ City Council Goals: r Create a financially sustainable City providing excellent services i- Improve transportation services i Revitalize neighborhoods and plan for the future > Fee/Tax Increases: Storm Water Fees New Solid Waste Collection Fee (January 1, 2012) Sewer Rates (adopted in FY 2010-11 effective for FY 2011-12) r Hydrant Meter and Water Meter Fees 12.9% of Total Operating Budget Quality Physical Environment Revenue Sources p Fees & Charges for Services ■ Dedicated Taxes O State M Fund Balance ■ Other Local (Transfers) ■ City Major Revenues Fees and Charges Water and Sewer Fees r Storm Water Fees , Waste Management Fees Permits, fines and other miscellaneous fees Interest Dedicated Revenues Open Space Recreation Center Maintenance r Sandbridge TIF and SSD Tourism Investment Program Fund Lynnhaven Mall TIF r Town Center SSD State r VDOT Road Maintenance Funding Clean Community Other local Services to other departments or funds paid for via transfer of funds Fund Balance Water and Sewer Fund for prior -year water services contract true -up April 12, 2011 -14 - CITY COUNCILWORKSHOP FY 2011-2012 MANAGEMENT RESOURCE PLAN QUALITY PHYSICAL ENVIRONMENT ITEM # 60775 2:38 P.M. PLANNING and COMMUNITY DEVELOPMENT Jack Whitney, Director — Planning, advised basically the Department is offering a Budget that is approximately 2.5 or 2-%z% below current and includes an increase in Mass Transit. This Department is heavily reliant upon the General Fund for support and is personnel driven. 25% of the Budget could be recouped through fees. However, fee increases are not proposed. Planning Mass Transit 3,832,155 0 4,359,145 0 526,990 Total 13,342,783; 113 13,637,212 110 294,429 FY 2011-12 Proposed Operating Budget Expenditures A :k[;4 145 903.870 Planning a Operations t Personnel Mass Transit Zoning Code Inspector Position Eliminated • Reduced ability to respond to development activity. • Reduced ability to enforce City Council conditions. • Zoning code enforcement of commercial and recreational vehicle permits will be eliminated or transferred. Backflow and Cross Connection Control Program to Public Utilities • Transfers two FTEs from the Planning Department's budget to the Department of Public Utilities. Master Address Repository (MAR) positions • Creation of a MAR will improve citizen access to official, site, owner, and billing address information • MAR will increase accuracy of street address information including information needed for public safety response systems. • Official addresses for vacant lots, commercial and office suites will be created and accessible. • MAR provides ability to report, resolve and track street address problems. April 12, 2011 Revenues Mass Transit 840,000 (TIP, TIF) 6% 425,611 ■ Fees 25% Transfers 410358,522 ■ General Fund 3% Expenditures A :k[;4 145 903.870 Planning a Operations t Personnel Mass Transit Zoning Code Inspector Position Eliminated • Reduced ability to respond to development activity. • Reduced ability to enforce City Council conditions. • Zoning code enforcement of commercial and recreational vehicle permits will be eliminated or transferred. Backflow and Cross Connection Control Program to Public Utilities • Transfers two FTEs from the Planning Department's budget to the Department of Public Utilities. Master Address Repository (MAR) positions • Creation of a MAR will improve citizen access to official, site, owner, and billing address information • MAR will increase accuracy of street address information including information needed for public safety response systems. • Official addresses for vacant lots, commercial and office suites will be created and accessible. • MAR provides ability to report, resolve and track street address problems. April 12, 2011 -15 - CITY COUNCILWORKSHOP FY 2011-2012 MANAGEMENT RESOURCE PLAN QUALITY PHYSICAL ENVIRONMENT ITEM # 60775 (Continued) Planning FY 2011-12 Trends & Highlights YCreated budget units to track and report operational cost associated with boards and commission ~Volume of work steady during slowed economy as community focuses on maintenance more than new construction Led in completion of four Strategic Growth Area (SGA) plans — 5th, Rosemont underway Continued expanded HRT service 'r Cutting edge customer service innovations underway "Continued progress on Environmental Sustainability yContinued staff support to the SGA office Planning supports five (5) Boards and Commissions. Three (3) of these Boards and Commissions are mandated by State Law: Board of Zoning Appeals, Planning Commission and the Chesapeake Bay Preservation Area Board. The Wetlands Board is a local option and the City's is the busiest Wetlands Board in the Commonwealth; however, it is not mandated. The Historic Review Board was created by the City Council's Ordinance. April 12, 2011 -16 - CITY COUNCILWORKSHOP FY 2011-2012 MANAGEMENT RESOURCE PLAN QUALITY PHYSICAL ENVIRONMENT ITEM # 60776 PUBLIC UTILITIES 2:56 P.M. Tom Leahy, Director — Public Utilities, introduced Les White, Finance Officer and Gary Jones, Manager — Engineering Division, and detailed their Management Resource Plan. Public Utilities Director's Office 390,858 3.0 391,925 1, 1 3.0 11067 Engineering 7,413,997 81.0 7,812,625 84.0 398,628 Lake Gaston Facilities 21885,304 0 3,282,065 0 296,761 Water Services Contract 29,716,190 0 29,629,525 0 (86,665) Operations Admin. 2,924,299 21.0 3.471;788 21.0 547,489 Water Distribution 3,603,579 41.0 3,744,568 41.0 140,989 Water Pump Stations 2,635,700 25.0 2,755,463 25.0 119,763 Meter Operations 3,293,147 45.0 3,593,121 45.0 299,974 Sewer Collection 5,632,363 64.0 6,670,627 64.0 1,038,264 Sewer Pump Stations 6,201,999 59.0 ' 6,784,122 61.0 582,123 Public Utilities Debt Service 16,389,014 0 17,763,841 0 1,374,827 Reserves 3,200,161 O 2,077,440 0- (1,122,721) Transfer to Other Funds 15,413,210 0 17,943,400 0 2,530,190 Tota{ 106,635,757 404.5 ' 113,228A23 412.0 6,592,266 April 12, 2011 -17 - CITY COUNCILWORKSHOP FY 2011-2012 MANAGEMENT RESOURCE PLAN QUALITYPHYSICAL ENVIRONMENT ITEM # 60776 (Continued) Public Utilities Revenues Expenditures A co_ 3.0% ■ Charges for Services ■ Non -Revenue Receipts ®Transfers ■ Specific Fund Reserves ■ Personnel ■ Capital ■ Reserves 0 Depr & Bad Debt O Operating ■ Debt Service O Transfers Public Utilities Highlighted Changes to FY 12 Budget v The Capital Improvement Program is being increased from $25 M a year to $40 M a year to address the Sanitary Sewer Consent Order and Aging Infrastructure needs. i The Backflow Prevention Inspection program is being transitioned from the Planning Department to Public Utilities. An additional electrical crew is being added to Operations and Maintenance to enhance electrical maintenance at sewer pump stations. Public Utilities maintains over 400 sanitary sewer pump stations in the city. Conversion of a part-time position to a full time position to address increased workloads associated with the Accounts Payable workload associated with the 60% increase in the Capital Improvement Program. Public Utilities will be presenting the new Waste Collection Fee on the Combined Services Bill (presently just water, sanitary sewer and storm water) and will be responsible for the billing and collection for this newly implemented fee. April 12, 2011 -I8 - CITY COUNCILWORKSHOP FY 2011-2012 MANAGEMENT RESOURCE PLAN QUALITY PHYSICAL ENVIRONMENT ITEM # 60776 (Continued) Public Utilities FY 2011-12 Trends & Highlights r One of the lowest water and sewer bills in southside Hampton Roads Dramatic decline in sewer blockages and overflows (SSO's) r Technology improvements: Reduced wait time, dropped calls, service terminations. Expanded payment options Rich array of services: Same day turn -on, 24/7 service outage response, one-hour residential response for sewer blockage r Satisfaction Survey — 89% ➢ Zero or negative revenue growth (w/o a rate increase) r 50% of the $4 billion utility system is more than 30 years old and 20% more than 40 years old r The Regional Sanitary Sewer Consent Order contains a looming $250-400 million unfunded mandate April 12, 2011 -19 - CITY COUNCIL WORKSHOP FY 2011-2012 MANAGEMENT RESOURCE PLAN QUALITYPHYSICAL ENVIRONMENT PUBLIC WORKS 3:15 P.M. ITEM # 60777 Jason Cosby, Director — Public Works, detailed the Management Resource Plan, and advised of $238 - Million backlog in stormwater. Total PW Budget: $143 -Million Public Works Revenues 4.01% Expenditures * General Fund $94,131,823 ■ Parks and Rec Special Rev. Fund $2,413,510 * Other (Open Space SRF, Grants, Capital Projects ISF, TIP Fund) $1,257,111 ■ Stormwater Utility Enterprise Fund $29,872,023 * City Garage Internal Service Fund $9,909,890 * Fuels Internal Service Fund $5,745,684 Public Works ■ Personnel $53,810,951 ■ Operating $71,783,317 *Capital $1,836,472 ■ Debt Service $2,484,430 ■ Reserves $1,055,774 13 Transfers $12,359,097 Administration 7,181,265 20.00 7,219,220 20-00 37,955 Fleet Management 15,540,742 79.00 14,883,184 79.00 (657,558) Building Maintenance 23,568,057 174.90 22,513;013' 174.00 (1,055,044) Engineering 81990,895 92.00 9,465,514 99.00 474,619 Infrastructtare M0 ntenanCe 29,669,888 222.00 31,563;151 230.00 1,893,263 Operations Management 3,797,870 48.00 4,073,182 51.00 275,312 Traffic Management 4,004,925 38.88 - 4,287,769 39.88 282,844 Real Estate 981,811 12.00 891,935 12.00 - (89,876) Facilities Management 0 0.00 475,658: 2.00 475,658 Waste Management 30,538;956 180.50 32,043,114 178.50 1,504,158 Other Costs 10,430,052 0 13,414,871 0 2,984,819 Public Works Grants 15,000 0 15,000 0 0 Debt Service 2,506,025 0 2,484,430 0 (21,595) Total $137,225,486 867.28 $143,330,041 885.38 $6,104,555 April 12, 2011 -20 - CITY COUNCIL WORKSHOP FY 2011-2012 MANAGEMENT RESOURCE PLAN QUALITY PHYSICAL ENVIRONMENT PUBLIC WORKS ITEM # 60777 (Continued) Mr. Cosby explained Public Works' new slogan: "Delivering Excellence, Serving with Pride" Public Works Service Changes Establish a Waste Management Fee: The $10 monthly fee will cover the operational costs of providing the current municipal solid waste service (black cans) and would become effective January 1, 2012. v Increase in the Storm Water Fee: The 7.5 cent increase addresses backlogs and provides funding for additional capital projects and infrastructure maintenance and repair, including neighborhood infrastructure revitalization, sediment removal, ditch cleaning, cave in repair, and sub -basin water quality. Establishing a Neighborhood SSD Dredging Program: This program is a partnership between the City and neighborhood residents to ensure that the Lynnhaven River, Rudee Inlet, the Elizabeth River, Broad Bay, and Linkhorn Bay navigation channels are adequately dredged. Special Service Districts may be established in requesting neighborhoods to fund the dredging of their navigation channels. The City will be responsible for main and spur channels. Establishing a Capital Projects Internal Service Fund: This fund provides for resources necessary to implement the capital projects resulting from the Governor's Transportation Plan. The Governor's Plan provides $361 million, including funding for 8 major road projects. Decrease in Research: An Administrative Analyst position is eliminated in the Business Center and will reduce research for key issues related to department operations. Departmental response times to requested information will be increased. N Decrease in Oversight of Energy -Related Activities: The elimination of the part-time Engineer will reduce the oversight of the City's energy efficiency initiatives. The Department intends to work with the Sustainability Office in the Planning Department to pursue grant funds to possibly offset this loss. Public Works Accomplishments & Highlights 11, New Yard Debris Recycling Contract �, Recycled Asphalt Product (RAP) Y In -House Operation of Household Hazardous Waste (HHW)/White Goods r Design -Build Delivery Public -Private Partnerships r Energy Efficiencies v Multi -Outcome Projects Summer Boiler, LED Lighting, Fluorescent Lamp Upgrades, Window Replacements Emergency Response Nor'easter 2009 Damage, Assessment & Reconstruction Warm Asphalt Mix (Green Initiative) Y Competitively Obtained Funds Multiple Projects Completed April 12, 2011 -21 - CITY COUNCIL WORKSHOP FY 2011-2012 MANAGEMENT RESOURCE PLAN CULTURAL AND RECREATIONAL OPPORTUNITIES OVER VIEW ITEM # 60778 Catheryn Whitesell, Director — Management Services, provided an overview of Cultural and Recreational Opportunities: 7 Cultural and Recreational Opportunities Includes Office of Cultural Affairs, Museums and Parks and Recreation Departments City Council Goals: r Create a financially stable City providing excellent services Grow the economy Fee Increases: Recreation Center Memberships Recreation Center Rentals Aquatics & Youth/Sports Participation Out of School Time Program Therapeutic Recreation After School Registration Field Rentals Boat Fees Owl Creek Tennis Court Rentals Dog Park Registration 3.3% of Total Operating Bud¢et Cultural & Recreational Opportunities Revenue Sources 1.9% ■ Dedicated Funding ❑ Other Local (Transfers) ■ Fees & Charges for Services ■State and Federal ■ City ❑ Fund Balance Major Revenues: Fees, Charges and Other Local Revenue Historic Programs and Aquarium Admissions Recreation Center Fees Field Rentals Boat Ramp & Boat Rental Fees Lease of Municipal Golf Courses Parks Programs and Special Events Before and After School Programming and Camps Charges for Landscaping Services for Schools Dedicated Taxes Open Space Tourism Investment Program r Recreation Centers Town Center Special Service District State and Federal Virginia Commission for the Arts Grant r Clean Community Grant VDOT Road Maintenance Virginia Coastal Resources Grant Fund Balance Open Space Program April 12, 2011 FY 2010 FY 2010-11 FY 2011-12 % Cultural and Recreational Opportunities Actual Adjusted Proposed Change Budgeted Expenditures $ 54,846,274 $ 56,685,265 $ 58,167,456 2.61% FTEs 1,027.94 1,010.67 994.85 -1.57% Includes Office of Cultural Affairs, Museums and Parks and Recreation Departments City Council Goals: r Create a financially stable City providing excellent services Grow the economy Fee Increases: Recreation Center Memberships Recreation Center Rentals Aquatics & Youth/Sports Participation Out of School Time Program Therapeutic Recreation After School Registration Field Rentals Boat Fees Owl Creek Tennis Court Rentals Dog Park Registration 3.3% of Total Operating Bud¢et Cultural & Recreational Opportunities Revenue Sources 1.9% ■ Dedicated Funding ❑ Other Local (Transfers) ■ Fees & Charges for Services ■State and Federal ■ City ❑ Fund Balance Major Revenues: Fees, Charges and Other Local Revenue Historic Programs and Aquarium Admissions Recreation Center Fees Field Rentals Boat Ramp & Boat Rental Fees Lease of Municipal Golf Courses Parks Programs and Special Events Before and After School Programming and Camps Charges for Landscaping Services for Schools Dedicated Taxes Open Space Tourism Investment Program r Recreation Centers Town Center Special Service District State and Federal Virginia Commission for the Arts Grant r Clean Community Grant VDOT Road Maintenance Virginia Coastal Resources Grant Fund Balance Open Space Program April 12, 2011 -22 - CITY COUNCIL WORKSHOP FY 2011-2012 MANAGEMENT RESOURCE PLAN CULTURAL AND RECREATIONAL OPPORTUNITIES OFFICE OF CULTURAL AFFAIRS 3:42 P.M. ITEM # 60779 Emily Spruill Labows, Director — Office of Cultural Affairs, presented information relative the Office of Cultural Affairs' Management Resource Plan. Office of Cultural Affairs Lulturar Affairs $208,807 3 $212,000 3 $3,1.93 Sandler Center for the 1,590,213 0 1,513,350 0 -$76,863 Performing Arts Arts and Humanities 376,693 0 435,686 0 58,993' Commission , Contemporary Art 177,220 0 230,900 0 53,680 Center — Grant for Utilities & Education brat 52,403,433 3 $2,442,436 _ 3 $39,003 Office of Cultural Affairs FY12 Proposed Budget ■ Personnel ■ Operations RTransfers ■ General Fund a TIP 2,391,936 97.9% April 12, 2011 -23 - CITY COUNCIL WORKSHOP FY 2011-2012 MANAGEMENT RESOURCE PLAN CULTURAL AND RECREATIONAL OPPORTUNITIES OFFICE OF CULTURAL AFFAIRS ITEM # 60779 (Continued) Office of Cultural Affairs Trends & Highlights Growth of Local Arts Organizations & Local Artists • Growth of Virginia Beach cultural activities continues to be strong with an estimated economic impact to the City of $2.3 million in 2010 • Continued need for Arts and Humanities Commission grant programs - 30+ annual grants • Grant recipients returned over $290,000 back to the City in Admission taxes and rental revenue • Co-operative marketing program for arts organizations • Provide free quarterly workshops for arts groups on fundraising, marketing, etc. • Designation of Town Center as an Arts & Entertainment District • Town Center Art Under Glass Storefront Art Project Office of Cultural Affairs Sandler Center Operations: — Attendance has increased, continue high profile events • 23 sold -out performances this season — Increase sponsorships, fundraisers & rental income • $300,000 in new gifts received — Education programs - new program to reach Title 1 schools • All student matinees have sold out this season • Increased Title 1 school participation by 352% from last year — Facility enhancements — Public Art donation, Art Gallery — Maintain and strengthen donor base • Approximately 87% of Capital Campaign gifts have been received and Foundation has repaid $10,494,546 of $12 million to the City — Upcoming Foundation Strategic Plan with Lyle Sumek —funded by Foundation — Increase use of volunteers April 12, 2011 -24 - CITY COUNCIL WORKSHOP FY2011-2012 MANAGEMENT RESOURCE PLAN CULTURAL AND RECREATIONAL OPPORTUNITIES MUSEUMS 3:46 P.M. ITEM # 60780 Lynn Clements, Director — Museums and Historic Resources presented information relative Museums and Historic Resources Management Resource Plan: Museums and Historic Resources rn>wnc resources 5563,710 8.02 $628,802 10.87 $65,092 Total $9,428,638 152.30 $9,166,462 148.47 ($262,176)' FY 2011-12 Proposed Budget 11% ■ General Fund ® Earned Revenues ■ Personnel OOperations Museums and Historic Resources Historic Resources - $83,921 in funding for 2.6 part-time FTEs restores year-round operations and programming levels for the historic house museums, which will provide more educational opportunities for citizens and school children. Aquarium - 28.43 part-time FTEs will be converted to 22 full- time positions. This conversion is cost neutral and will result in a decrease of 6.43 FTEs. April 12, 2011 -25 - CITY COUNCILWORKSHOP FY 2011-2012 MANAGEMENT RESOURCE PLAN CULTURAL AND RECREATIONAL OPPORTUNITIES MUSEUMS ITEM # 60780 (Continued) Museums and Historic Resources FY 2011-12 Trends & Highlights: Restored staffing for the historic house museums is anticipated to return attendance and revenue to FY 2009 levels, as well as better serve Virginia Beach citizens and school children. A decline in projected IMAX® ticket sales is the primary reason for the $327,268 decrease in the Aquarium's FY 2012 Operating Budget. r Aquarium membership participants and revenues reached record levels in FY 2011 following the opening of Restless Planet. Strategies to retain those members and produce modest growth are included in the FY 2012 budget. Modest growth in Aquarium ticket sales is anticipated in FY 2012. April 12, 2011 -26 - CITY COUNCIL WORKSHOP FY 2011-2012 MANAGEMENT RESOURCE PLAN CULTURAL AND RECREATIONAL OPPORTUNITIES PARKS and RECREATION 3:50 P.M. ITEM # 60781 Cindy Curtis, Director — Parks and Recreation, described the Parks and Recreation's Management Resource Plan: Parks and Recreation Landscape $16,903,763 255.00 $16,864,212 255.00 -$39,551 Management Recreation Centers $11,313,561 270.23 $11,063;174 264.67 -$250,387 Out -of -School Time $4,464,150 129.73 $4,850,639 147.35 $386,489 Open Space $462,805 7 Athletics $1,652,955 22.73 $463,486 7.40 $681' $1,635,546 22.73 -$1 Parks and Recreation -,.— _PCIOLiu11t, �t,ss4,4u/ 31.80 5138,146 1.00 -$2,196,261 Planning, Design & $582,922 7.00 $582,458 7:00 -$464' Development Marketing & Resource $1,006,352 7.00 $992,877 7.00 -$13,475 Development Business Systems $1,391,474 18.72 $1,336,963 17.72 -$54,511 Subtotal of Operations $44,755,956 855.37 $42,875,023 843:38 -$1,880,933 April 12, 2011 -27 - CITY COUNCIL WORKSHOP FY 2011-2012 MANAGEMENT RESOURCE PLAN CULTURAL AND RECREATIONAL OPPORTUNITIES PARKS and RECREATION ITEM # 60781 (Continued) Parks and Recreation Debt Service $3,948,726 0 $3,019,933 0 -$928,793 Future Citi $0 0 $4,531,592 0 $4,531,592 Commitments Total $52,387,091 855.37 $53,127,829 843.38 $1,740,738 Parks and Recreation Sources of Funds $72,655 $4,458,482 0.1% .4% $5,259,828 8 $14,809,390 9.9% 27.9% $11,237,896 21.2% $17,289,578 32.5% ■ Recreation Center Referendum ■ User Fees a General Fund ■ Open Space Fund ■ State Funds N Other ■ Personnel • Operations Debt Service It Transfers & Reserves April 12, 2011 -28 - CITY COUNCIL WORKSHOP FY 2011-2012 MANAGEMENT RESOURCE PLAN CULTURAL AND RECREATIONAL OPPORTUNITIES PARKS and RECREATION ITEM # 60781(Continued) Parks and Recreation Service Changes and Impacts to the Community • Increased frequency of maintenance and mowing cyc for divided highways • Kinderbuddies program expanded from 1 school to 4 • Williams Farm Recreation Center staffing initiated • Opening of Lake Smith/Lake Lawson Natural Area, Stumpy Lake Natural Area, Princess Anne Commons Gateway and Williams Farm Park • Development of The Lakes East Neighborhood Park • Discontinued mowing of roadway shoulders in front c private properties in neighborhoods • Certain fees and charges will be increased Parks and Recreation FY 2011-12 Trends & Highlights Growing the Economy • Privatized golf operations • 8,150 children participate in Out -of -School Time F • Virginia Beach ranked as one of "America's 10 Best Places to Grow Up" Fiscal Sustainability • Vibrant volunteer program • Reduced fuel consumption by 4.7% in FY10 • Reduced electrical consumption by 13.3% in FY10 Addressing Growing Demand For Services • Demand for inclusion services up 267% • Open Space negotiations in process to acquire additional legacy properties April 12, 2011 IMM CITY COUNCIL WORKSHOP FY2011-2012 MANAGEMENT RESOURCE PLAN CULTURAL AND RECREATIONAL OPPORTUNITIES PARKS and RECREATION ITEM # 60781 (Continued) Parks and Recreation FY 2011-12 Trends & Highlights Addressing Infrastructure • Landscape maintenance funded for 14 new CIP proj, • Modernization of the Bow Creek Recreation Center • Bikeways and Trails Plan finalized • Completed first "State of the Urban Forest" Report • Meadow Management acreage increasing With 8,150 children participating in various out-of-school time programs throughout the City, a safer community is being promoted while improving their health, learning and work readiness for school. Mrs. Curtis said the department was very proud that U.S. News and World Report ranked Virginia Beach as one of America's "ten (10) best places to grow up". Parks, green spaces and fun safe activities were major reasons the City was included in this prestigious list. Parks and Recreation has shown its continued commitment to fiscal stability through the heavy utilization of Volunteers to deliver its programs and services. In the next year, it is projected Volunteers will provide the equivalency of eighty-four (84) full time staff, avoiding approximately $1.7 -Million in compensation and benefits. Through the implementation of fuel consumption reduction initiatives, particularly in the area of Landscape Management, the total fuel consumption has been reduced by over 9,000 gallons equating to 4.7% of our fuel budget. Through completion of numerous capital projects, both by City Council and the Federal Government, the six (6) Recreation centers are no longer the "hogs ". The total electrical consumption has been reduced by 13.3%. April 12, 2011 -30 - AGENDA REVIEW SESSION 4:00 P.M. ITEM # 60782 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: ORDINANCES 1. Ordinances to AMEND the City Code: a. §35-138 re Meals Tax b. §16-48 resales prices of certain Workforce Housing Units c. §18-56 re Clarification of permit requirements for hairdressing, tanning and nail salons 2. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement to Clayton and Myrtice Delaney at 2933 West Gibbs Road DISTRICT 7 — PRINCESS ANNE 3. Ordinance to AUTHORIZE temporary encroachments into portions of City -owned rights-of-way by WEST NECK PROPERTIES, INC. to maintain two existing subdivision signs, brick walls, columns, landscaping and an irrigation system at West Neck Road, Kestrel Lane and Indian River Road at the entrance to Eagles Nest subdivision 4. Ordinance to AUTHORIZE the City Manager to EXECUTE and SUBMIT the 2011 Housing Choice Voucher Annual Agency Plan and Revised Administrative Plan to US Housing and Urban Development (HUD) 5. Ordinance to AUTHORIZE Amendment No. 9 to the Public Works Specifications and Standards Manual 6. Ordinance to MODIFY an interest free loan to the Virginia Beach Rescue Squad to clarify the payment schedule 7. Ordinance to ACCEPT a donation from the Norfolk Police Department of automated license plate readers valued at $76, 800 for the Virginia Beach Police Department 8. Ordinances to: a. TRANSFER $8, 774 from "Instructions" to "Technology " within the FY 2010-2011 School Operating Budget b. APPROPRIATE $108,141 from the Department of Homeland Security to the Fire Department re various equipment to support Marine Team operations c. APPROPRIATE $50, 000 from the Virginia Aquarium and Marine Science Center Foundation, Inc. for the remainder of FY2010-2011 to reimburse five positions for a research project April 12, 2011 -31 - AGENDA REVIEW SESSION ITEM # 60782 (Continued) L Ordinances to AMEND the City Code: d. §35-138 re Meals Tax Councilman DeSteph expressed concern re the prepackaged items being taxed for off-site consumption. The Commissioner of Revenue shall provide information. Councilman DeSteph will ABSTAIN on Item J.2. (Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement to Clayton and Myrtice Delaney) TEM # 60783 BY CONSENSUS, the following items shall compose the Consent Agenda: K. PLANNING 1. Application of BA YBERR Y RENTALS, LLC, for a Nonconforming Use to enlarge the existing duplex at 2301 Bayberry Street (DISTRICT 5 — LYNNHAVEN) 2. Application of DARSHAK PA TEL (KAVERI, LLC) and MA BEL BROCK for Modification of Conditions re size of the convenience store (approved by City Council January 21, 1985) and ADD a Greyhound passenger terminal on-site at 971 Virginia Beach Boulevard (DISTRICT 6 — BEACH) 3. Application of GREYHOUND LINES, INC. for a Conditional Use Permit re a passenger terminal at 971 Virginia Beach Boulevard (DISTRICT 6 — BEACH) 4. Applications of 7 -ELEVEN, INC./COURTHOUSE MARKETPLACE 0UTPARCELS, LLC at 2448 Nimmo Parkway re a retail center (deferred by City Council on March 22, 2011) (DISTRICT 7 —PRINCESS ANNE) a. Modification of Conditional Change of Zoning Proffers re the Wawa site b. Modification of a Conditional Use Permit refuel sales with a convenience store 5. Application of STAIN STUDIOS, LLCfor a Conditional Use Permit re a tattoo studio at 92 South Witchduck Road (deferred by City Council on March 22, 2011) (DISTRICT 2 - KEMPSVILLE) 6. Application of BUDDHIST EDUCATION CENTER OFAMERICANDONG HUNG TEMPLE. INC. for a Conditional Use Permit re a religious use at 423 Davis Street (DISTRICT 2-KEMPSVILLE) 7. Application of CRAB POT SEAFOOD T/A WICKERS CRAB POT/RAYD. JR. and MICHELLE R. WICKER for a Conditional Use Permit re a home occupation at 3537 Byrn Brae Drive on the Elizabeth River (DISTRICT 2-KEMPSVILLE) April 12, 2011 -32 - AGENDA REVIEW SESSION ITEM # 60783 (Continued) 8. Application of ROBERT L. NELSON and BARBARA N. GRAY TIA WEST LANDING MARINE for a Modification of Conditional Use Permit (Condition No. S re launching personal watercraft) at 2748 West Landing Road. (DISTRICT 7 - PRINCESS ANNE) 9. Application of CITY OF VIRGINIA BEACH RESORT MANAGEMENT OFFICE for a Conditional Use Permit re a commercial parking lot at 31918'h Street (DISTRICT 6 — BEACH) Item K.1. (BAYBERRY RENTALS, LLC) shall be DEFERRED, BY CONSENT, until the City Council Session of April 26, 2011. Item K2. (DARSHAK PATEL (KAVERI, LLC) and MABEL BROCK shall be DEFERRED, BY CONSENT, until the City Council Session of May 10, 2011. Item K.3 (GREYHOUND LINES, INC.) for a Conditional Use Permit, shall be DEFERRED, BY CONSENT, until the City Council Session of May 10, 2011. Item K.4. (7-ELEVEN/COURTHOUSE MARKETPLACE OUTPARCELS, LLC) shall be DEFERRED, BY CONSENT, until the City Council Session of May 10, 2011. Item K.7 (CRAB POT SEAFOOD TIA WICKERS CRAB POT/RAY D. JR. and MICHELLE R. WICKER for a Conditional Use Permit shall be DEFERRED, BY CONSENT, until the City Council Session ofApri126, 2011. Item K.8 (ROBERT L. NELSON and BARBARA N. GRAY TIA WEST LANDING MARINE for a Modification of Conditional Use Permit shall be WITHDRAWN, BY CONSENT Item K.9 (CITY OF VIRGINIA BEACH RESORT MANAGEMENT OFFICE) for a Conditional Use Permit, shall be DEFERRED INDEFINITELY, BY CONSENT. Item K. S (STAIN STUDIOS, LLC) for a Conditional Use Permit re a tattoo studio at 92 South Witchduck Road (deferred by City Council on March 22, 2011) (DISTRICT 2 - KEMPSVILLE) shall be ADOPTED, BY CONSENT, with an additional condition Council Lady Bellitto will vote a VERBAL NAY April 12, 2011 -33 - CITY COUNCIL COMMENTS ITEM # 60784 Councilman Dyer advised on Wednesday, April 6, 2011, a FY 2011-2012 Budget Management "open house" was held at the Convention Center. Councilman Dyer congratulated the City Staff. The Constitutional Officers, Appointees and Directors of the various City departments resided at the tables with materials and responded to the citizenry's questions. Councilman DeSteph was very appreciative. He resolved one of the issues brought to the Open House with Jerald Banagan, Real Estate Assessor, this morning (April 12, 2011). April 12, 2011 -34 - ITEM # 60785 Mayor William D. Sessoms, Jr. entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose PERSONNEL MATTERS: Discussion, consideration of, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(1) Council Appointments: Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLICLY -HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose, or of the disposition of publicly -held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-371 ](A)(3). Acquisition/Disposition of City Property: Princess Anne District Lynnhaven District Beach District Upon motion by Councilman DeSteph, seconded by Councilman Uhrin, City Council voted to proceed into CLOSED SESSION at 4:10 P.M. April 12, 2011 -35 - ITEM # 60785 (Continued) Voting: 10-0 Council Members Voting Aye.- Rita ye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood. Council Members Voting Nay: None Council Members Absent: Harry E. Diezel (Break: (4:12 P.M. - 4:15 PM) (Closed Session: (4:10 P.M. - 5:35 P.M.) April 12, 2011 carom FORMAL SESSION VIRGINIA BEACH CITY COUNCIL Apri112, 2011 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, April 12, 2011, at 6: 00 P.M. Council Members Present: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood. Council Members Absent: None INVOCATION: Reverend Thomas Powell Calvary Chapel of Virginia Beach A MOMENT OF SILENCE WAS DEDICATED TO JAPAN 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 also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is his practice to thoroughly review each City Council agenda to idents 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 apart of the record. April 12, 2011 -37 - Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a `personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made apart of the record. Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made apart 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 apart of the record. April 12, 2011 Item — V -E.1 CERTIFICATION -38 - ITEM # 60786 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE INA CCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None, April 12, 2011 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 #60785, Page 34, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. 4t1h Hodges Fraser, MMC City Clerk April 12, 2011 Item V F.1 -39 - ITEM # 60 78 7 Upon motion by Councilman Dyer, seconded by Council Lady Bellitto, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of March 22, 2011. Voting: 10-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining William R. "Bill " DeSteph Council Members Absent: None Councilman DeSteph ABSTAINED on the Minutes of March 22, 2011, as he was out of the Country on Family Vacation. April 12, 2011 Item V F.2. -40 - ITEM # 60788 Upon motion by Councilman Dyer, seconded by Council Lady Bellitto, City Council APPROVED the MINUTES of the SPECIAL SESSION of March 29, 2011. Voting: 10-0 Council Members Voting Aye: Rita Sweet Bellitto, 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., Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining John E. Uhrin Council Members Absent: None Councilman Uhrin ABSTAINED as he was ABSENT on March 29, 2011, due to the birth of his new daughter, Alexandra Elizabeth Uhrin, born March 26, 2011 April 12, 2011 -41 - Item V -G.1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 60789 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION April 12, 2011 -42 - Item V -H. 1. RECOGNITION OF BOY SCOUTS ITEM # 60790 Mayor Sessoms RECOGNIZED the following Boy Scouts, attending to earn their "Citizenship in the Community " Merit Badge: BOY SCOUT TROOP 504 Sam Henkle Sterling Henkle Mayor Sessoms presented each Scout with a City Seal Pin. April 12, 2011 -43 - Item i- L I PUBLIC HEARING ITEM # 60791 Mayor Sessoms DECLARED A PUBLIC HEARING: INSTALLMENT PURCHASE AGREEMENT Acquisition of Agricultural Land Preservation (ARP) Easements 2933 West Gibbs Road There being no SPEAKERS, Mayor Sessoms CLOSED THE PUBLIC HEARING: April 12, 2011 -44 - Item V -J. ORDINANCES ITEM # 60792 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED in ONE MOTION Items 1 a/b/c, 2, 3, 4, S, 6, 7, and 8abc of the CONSENT AGENDA. Voting: I1-0 (By Consent) Council Members Voting Aye.- Rita ye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 12, 2011 �ll Item V -J. 1. a/b/c ORDINANCES ITEM # 60793 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council, ADOPTED, BY CONSENT: Ordinances to AMEND the City Code: a.§35-138 re Meals Tax b. §16-48 re sales prices of certain Workforce Housing Units c. §18-56 re Clarification of permit requirements for hairdressing, tanning and nail salons Voting: 11-0 (By Consent) Council Members Voting Aye.- Rita ye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.- None ay:None Council Members Absent.- None bsent:None April 12, 2011 1 AN ORDINANCE TO AMEND CITY CODE SECTION 2 35-138 PERTAINING TO THE TAX ON MEALS 3 4 Section Amended: § 35-138 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 1. That Section 35-138 of the City Code is hereby amended and reordained to read as 10 follows: 11 12 Chapter 35 Taxation 13 14 ARTICLE VI. TAX ON MEALS 15 16 Sec. 35-138. Exemptions; limits on application. 17 18 (a) The tax imposed under this article shall not be levied on candy, gum, nuts, and other 19 items of essentially the same nature served for on- or off-premises consumption. 20 21 (b) The tax imposed under this article shall not be levied on the following items when 22 served exclusively for off-premises consumption: 23 24 (1) Donuts, crackers, chips, cookies, and other factory-prepackaged items of 25 essentially the same nature. 26 27 .... 28 29 2. This ordinance is declaratory of existing law. Adopted by the Council of the City of Virginia Beach, Virginia on the 12th day of April, 2011. 1 2 3 4 5 6 7 8 9 0 �1 12 i 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 AN ORDINANCE TO AMEND SECTION 16-48 OF THE CITY CODE, PERTAINING TO SALES PRICES OF CERTAIN WORKFORCE HOUSING UNITS Section Amended: § 16-48 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 16-48 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Sec. 16-48. -Workforce housing discount. (a) All initial sales of workforce housing units shall be at a price that incorporates a workforce housing discount, as defined in section 16-44. The workforce housing discount shall be sufficient to bring the sales price of a workforce housing unit within a price range that is affordable to households with annual gross incomes between eighty (80) percent and one hundred twenty (120) percent of area median income, adjusted for household size The actual amount of the workforce housing discount applicable to a specific workforce housing unit shall be subject to the approval of the city council. (b) The baseline amount of the workforce housing discount shall be twenty- five (25) percent of the undiscounted sales price; provided, however, that if the undiscounted sales price of a workforce housing unit is affordable by a household with a gross annual income between eighty (80) percent and one hundred twenty (120) percent of area median income, adjusted for household size, the required workforce housing discount may be less than twenty-five (25) percent. The chart below illustrates the required discount applied to a WFH Unit given the affordability of an equivalent market rate unit: Affordability Range of Market Units (as a Percent of AMI) Required Workforce Housing Discount From To 0% 80% 1% 81% 90% 5% 91% 100% 10% 101% 110% 20% 111% 120% 25% (c) Notwithstandinq the provisions of subsection (b) workforce housing units in excess of the minimum number required under Section 2106 of the City Zoning 34 Ordinance may be discounted at a lesser rate than provided in subsection (b) so long as 35 such units are sold at a price meeting the requirements of subsection (a). Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of April, 2011. 1 AN ORDINANCE TO AMEND CITY CODE 2 SECTION 18-56 PERTAINING TO THE 3 PUBLIC HEALTH DEPARTMENT 4 PERMITTING OF CERTAIN PERSONAL 5 SERVICE BUSINESSES 6 7 Section Amended: § 18-56 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Section 18-56 of the City Code is hereby amended and reordained to read 13 as follows: 14 15 Chapter 18 LICENSE CODE 16 .... 17 18 ARTICLE II. LICENSE TAX SCHEDULE 19 20 Sec. 18-56. Barbershops, beauty parlors, barber and beauty culture schools, 21 tanning salons, and nail salons. 22 23 .... 24 25 (e) No license for a barbershop, beauty parlor, hairdressing establishment, 26 tanning salon or nail salon shall be issued or renewed under this chapter unless and 27 until there is presented to the commissioner of the revenue a current permit from the 28 director of public health for the operation of such business. The permit required by this 29 section shall be issued on an annual basis upon payment of a fee in the amount of thirty 30 ($30.00) to the director of public health. For purposes of this permit requirement, 31 hairdressing tanning and nail care are separate activities and each activity shall 32 require a permit by the director of public health. The director of public health may 33 suspend or revoke such permit upon the failure of the establishment or salon to comply 34 with the Guidelines and Permitting Procedures adopted by the public health department. 35 If the director of public health refuses to issue such permit, suspends or revokes such 36 permit, he shall notify the applicant, in writing, of his reasons therefor and the applicant 37 may appeal such refusal to the city council within thirty (30) days from the date of such 38 notice. 39 40 .... 41 42 2. This ordinance is declaratory of existing law. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of April, 2011. Item V -J.2 ORDINANCES ITEM # 60794 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement to Clayton and Myrtice Delaney at 2933 West Gibbs Road DISTRICT 7 —PRINCESS ANNE Voting: 10-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay. None Council Members Abstaining William R. "Bill" DeSteph Council Members Absent: None April 12, 2011 1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 2 AGRICULTURAL LAND PRESERVATION EASEMENT AND 3 THE ISSUANCE BY THE CITY OF ITS CONTRACT 4 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 5 $200,074 (PROPERTY OF CLAYTON DELANEY AND 6 MYRTICE DELANEY) 7 8 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 9 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 10 presented to the City Council a request for approval of an Installment Purchase Agreement 11 (the form and standard provisions of which have been previously approved by the City 12 Council, a summary of the material terms of which is hereto attached, and a true copy of 13 which is on file in the City Attorney's Office) for the acquisition of the Development Rights 14 (as defined in the Installment Purchase Agreement) on certain property located in the City 15 and more fully described in Exhibit B of the Installment Purchase Agreement for a 16 purchase price of $200,074; and 17 18 WHEREAS, the aforesaid Development Rights shall be acquired through the 19 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 20 compliance with, the requirements of the Ordinance; and 21 22 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 23 purchase as evidenced by the Installment Purchase Agreement; 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 1. The City Council hereby determines and finds that the proposed terms and 29 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 30 Agreement, including the purchase price and manner of payment, are fair and reasonable 31 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 32 is hereby authorized to approve, upon or before the execution and delivery of the 33 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 34 balance of the purchase price set forth hereinabove as the greater of 3.2300% per annum 35 or the per annum rate which is equal to the yield on United States Treasury STRIPS 36 purchased by the City to fund such unpaid principal balance; provided, however, that such 37 rate of interest shall not exceed 6.2300% unless the approval of the City Council by 38 resolution duly adopted is first obtained. 39 40 2. The City Council hereby further determines that funding is available for the 41 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 42 the terms and conditions set forth therein. 43 44 3. The City Council hereby expressly approves the Installment Purchase 45 Agreement and, subject to the determination of the City Attorney that there are no defects 46 in title to the property or other restrictions or encumbrances thereon which may, in the 47 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 48 Manager or his designee to execute and deliver the Installment Purchase Agreement in 49 substantially the same form and substance as approved hereby with such minor 50 modifications, insertions, completions or omissions which do not materially alter the 51 purchase price or manner of payment, as the City Manager or his designee shall approve. 52 The City Council further directs the City Clerk to affix the seal of the City to, and attest 53 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 54 incurrence of the indebtedness represented by the issuance and delivery of the Installment 55 Purchase Agreement. 56 57 4. The City Council hereby elects to issue the indebtedness under the Charter 58 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 59 the indebtedness a contractual obligation bearing the full faith and credit of the City. 60 61 Adoption requires an affirmative vote of a majority of all members of the City 62 Council. 63 64 Adopted by the Council of the City of Virginia Beach, Virginia, on this_- of 65 —��ril , 2011. CA11698 \\vbgov.com\DFS1 Mpplications\CityLawProd\cycom32\Wpdocs\D018\P010\00010978. DOC R-1 DATE: March 22, 2011 APPROVED AS TO CONTENT 02--l- Agriculture Department APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CERTIFIED AS TO AVAILABILITY OF FUNDS: Director of Finance 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2010-108 SUMMARY OF MATERIAL TERMS SELLER: DELANEY, Clayton and DELANEY, Myrtice PROPERTY LOCATION: 2933 West Gibbs Road, Princess Anne District PURCHASE PRICE: $200,074 EASEMENT AREA: 32.27 acres, more or less DEVELOPMENT POTENTIAL: 3 single-family dwelling sites (3 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 3.2300% (actual rate to be determined when STRIPS are purchased prior to execution of IPA). Rate may not exceed 6.2300% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IPA date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of IPA. N N M N (D N N -47 - Item V-13. ORDINANCES ITEM # 60795 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT.• Ordinance to AUTHORIZE temporary encroachments into portions of City -owned rights-of-way by WEST NECK PROPERTIES, INC. to maintain two existing subdivision signs, brick walls, columns, landscaping and an irrigation system at West Neck Road, Kestrel Lane and Indian River Road at the entrance to Eagles Nest subdivision The following conditions shall be required: 1. The temporary encroachments shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval. 2. Nothing herein shall prohibit the City from immediately removing, or ordering the Applicant to remove, all or any part of the Temporary Encroachments from the Encroachment Area, in the event of an emergency or public necessity, and the applicant, to the extent of their respective interests therein, shall bear all costs and expenses of such removal. 3. The temporary encroachments shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachments must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. 4. The City shall have the right to remove the encroachment in the event of an emergency or public necessity or public safety. Grantee shall bear all costs and expenses. 5. The applicant shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the temporary encroachments. 6. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 7. The applicant agrees to maintain the temporary encroachments so as not to become unsightly or a hazard. 8. The applicant must submit and have approved a Traffic Control Plan before commencing work. April 12, 2011 Item V J.3. ORDINANCES ITEM # 60795 (Continued) 9. There shall be no open cut of the public roadway allowed, expect under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. 10. The applicant must obtain a permit from the Planning Department prior to commencing any construction. 11. The application must, prior to issuance of a right-of-way/utility easement permit, post a bond or other security, in the amount of two times their Engineer's cost estimate to the Department of Planning to guard against damage to City property or facilities during construction. 12. The applicant must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant also agrees to carry comprehensive general liability insurance in an amount not less than $500, 000.00 combined single limits of such insurance policy or policies. The applicant will provide endorsements providing at least thirty (3 0) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachments. 13. The temporary encroachments must conform to the minimum setback requirements, as established by the City. 14. The applicant must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional Engineer or a licensed Land Surveyor, and/or "as built"plans of the Temporary Encroachment sealed by a registered professional Engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. 15. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachments and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachments; and, pending such removal, the City may charge the applicant for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachments are allowed to continue thereafter; and, shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes April 12, 2011 -49 - Item V -J.3. ORDINANCES ITEM # 60795 (Continued) Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 12, 2011 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 EXISTING TEMPORARY 5 ENCROACHMENTS INTO A PORTION 6 OF THE CITY'S RIGHTS-OF-WAY 7 KNOWN AS WEST NECK ROAD, 8 KESTREL LANE AND INDIAN RIVER 9 ROAD LOCATED ADJACENT TO THE 10 SUBDIVISION OF EAGLES NEST, 11 FOR WEST NECK PROPERTIES, INC. 12 13 WHEREAS, West Neck Properties, Inc., a Virginia corporation, desires to 14 maintain two (2) existing subdivision identification signs, existing brick walls and 15 columns, existing landscaping and an existing irrigation system, all within portions of 16 City rights-of-way known as West Neck Road, Kestrel Lane and Indian River Road and 17 City property known as PARCEL "A" (GPIN 2403-01-5766) and PARCEL "G" (GPIN 18 2403-02-5648), adjacent to the subdivision of Eagles Nest, in the City of Virginia Beach, 19 Virginia; and 20 21 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 22 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 23 City's right-of-way and property subject to such terms and conditions as Council may 24 prescribe. 25 26 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 29 2009 and 15.2-2107, Code of Virginia, 1950, as amended, West Neck Properties, Inc., 30 its heirs, assigns and successors in title are authorized to maintain the existing 31 temporary encroachments for two (2) subdivision identification signs, brick walls and 32 columns, landscaping and an irrigation system, all within the City rights-of-way as 33 shown on the map marked Exhibit "A" and entitled: "WEST NECK ROAD AND INDIAN 34 RIVER ROAD AT SUBDIVISION OF EAGLES NEST VIRGINIA BEACH, VIRGINIA," a 35 copy of which is on file in the Department of Public Works. Said exhibit plat consists of 36 nine (9) sheets, copies of which are attached hereto as Exhibit "A" and to which 37 reference is made for a more particular description; and 38 39 BE IT FURTHER ORDAINED, that the existing temporary encroachments are 4o expressly subject to those terms, conditions and criteria contained in the Agreement 41 between the City of Virginia Beach and West Neck Properties, Inc., (the "Agreement"), 42 which is attached hereto and incorporated by reference; and 43 44 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 45 is hereby authorized to execute the Agreement; and 46 47 48 49 50 51 52 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as West Neck Properties, Inc. and the City Manager or his authorized designee executes the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the. 12th day of , 2011. CA -11678 R-1 PREPARED: 3/25/11 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM DA A MEYER, ASSIS ANT CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 22nd day of March, 2011, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and WEST NECK PROPERTIES, INC., a Virginia corporation, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of those certain lots, tracts, or parcels of land designated and described as "PARCEL A" and "PARCEL G" shown on that certain plat entitled: "SUBDIVISION OF EAGLES NEST (M.B. 6, P. 3) BEING THE PROPERTY ON "PLAT OF J. L. SIMMONS LAND IN WEST NECK" VIRGINIA BEACH, VIRGINIA FEBRUARY 9, 2006, prepared by WPL Landscape Architecture Land Surveying Civil Engineering," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20060907001360140; and being further designated, known, and described as 2444 Indian River Road and 3100 West Neck Road, Virginia Beach, Virginia 23456; WHEREAS, all rights-of-way and PARCEL "A" (GPIN 2403-01-5766) and PARCEL "G" (GPIN 2403-02-5648) shown on said plat were dedicated to the City of Virginia Beach on the 301h day of March, 2006; GPIN'S: (CITY RIGHT-OF-WAY — NO GPIN REQUIRED OR ASSIGNED) 2403-01-5766-0000; (2444 Indian River Road — PARCEL A) and 2403-02-5648-0000; (3100 West Neck Road — PARCEL G) WHEREAS, it is proposed by the Grantee to allow existing items (two (2) subdivision identification signs, brick walls and columns, landscaping and an irrigation system) to remain and be maintained upon City property (GPIN's 2403-01-5766 and 2403-02-5648) and rights-of-way known as West Neck Road, Kestrel Lane and Indian River Road, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of existing City rights-of-way known as West Neck Road, Kestrel Lane and Indian River Road and City property known as PARCEL "A" and PARCEL "G", the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "WEST NECK ROAD AND INDIAN RIVER ROAD AT SUBDIVISION OF EAGLES NEST VIRGINIA BEACH, VIRGINIA," said exhibit plat consists of nine (9) sheets, copies of which are attached hereto as Exhibit 'A" dated: 11/01/10 revised: 02/18/11, Scale: 1" = 300', and to which reference is made for a more particular description. 2 Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the City shall have the right to repair or remove the Temporary Encroachment in the event of an emergency or public necessity or public safety, and Grantee shall bear all costs and expenses of such repair and removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 3 It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in the Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit") It is further expressly understood and agreed that prior to issuance of a right-of-way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. El It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said WEST NECK PROPERTIES, INC., a Virginia corporation, has caused this Agreement to be executed in its corporate name and on its behalf by ROBERT D. ZIRPOLI, its President. Further, that the City of 5 Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) No CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2011, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: (SEAL) The foregoing instrument was acknowledged before me this day of , 2011, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Registration Number: My Commission Expires: 7 Notary Public WEST NECK PROPERTIES, INC., a Virginia corporation -."y LOA—(SEAL) Robert D. Zirp/i, F*esident STATE OF STATE The foregoing instrument was acknowledged before me this �41-ay of ffla�= , 2011, by Robert D. Zirpoli, as President of WEST NECK PROPERTIES, INC., a Virginia corporation. 00 REGISTRATION NO, 3029,56 k4y COA'im. EXPIRES' 05/31/2013 • 0 0�' ......... PAISO \\\\ Notary . gpqA6mber: My Commission Expires: 5 0 / 3 "1• W -Q Notary Public (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) H1.1 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL. SUFFICIENCY AND FORM D N YER, CASflS)RNT CITY ATTORNEY 0 i WILLIAfw1 R. PRITCHARD Lie. No. 2268 9 NRGIN14 ST rE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD 198.3186 / 119 I ZIN: WEST NECK ROA© (VARMLE WIDTH RIGHT-OF-WAY) (INSTRUMENT NUMBER 20060907001360140) EXHIBIT "A" dote: 11/01/10 revised: 02/18/11 prof. no. 204-0910 file: 204-0910-Exhibit.dwg tech: WJW sheet 1 of 9 - - project: _ WEST NECK ROAD AND INDIAN RIVER ROAD A.T .S.UBDIV1SION—O..._..- EAGLES NEST Landscape Architects 757.431.1041 VIRGINIA BEACH, VIRGINIA Land Surveyors wplsite.com Civil Engineers scole: drowing title: ENCROACHMENT INTO 242 Mustang Trail, Suite 8 1'=300' Virginia Beach. VA 23452 (WEST NECK ROAD AND INDIAN RIVER ROA � f PUMP S TA TION CITY OF VIRGINIA BEACH, VIRGINIA (INSTRUMENT NUMBER 20060907001360140) �Q Q� q O p EMERGENCY N o PUMP S o ►� �'3CONNECTION V Q (/J 2" TREE (TYP) SPOW N WAD(M) � N � W !� Wok �z • Z j \Z , •I j/ ASPHALT ' /.//. , PATH n PARCEL 'G' VAR WD7H STRIP DEDICATED WROINIA MACH OF • , PURPOSES INCLUDING OPEN -SPACE, LANDSCAPING BUFFERS; DRAINA(& UTIUTI= i TRAILS AND ROADWAYS: (INSTRUMENT NUMBER 20060907001360140) •� a �J N ;hitects 757.431.1041 S wplsite.com Trail, Suite 8 VA 23452 �n- /�m i/.cam, • VN • N/F FRANK S. FOUNTAIN & E. V. FOUNTAIN 2403-14-3367 (D. B. 93, PG. 1848) PUMP STATION M-0 59 SUBDI VISION OF EAGLES NEST (INSTRUMENT NUMBER 20060907001360140) date: 11/01/10 revised: 02/18/11 proj. no. 204-0910 file: 204-0910—Exhibit.dwg tech: WJW sheet 2 of 9 project: WEST NECK ROAD AND INDIAN RIVER ROAD AT SUBDIVISION OF EAGLES NEST VIRGINIA BEACH, VIRGINIA scale: drawing title: ENCROACHMENT INTO 1•- 40' I WEST NECK ROAD AND INDIAN RIVER • ASPHALT PATH • o o. 30 0 • PLANTING BED 2" TREE (TYP) • • ASPHALT PATH 57 56 Hcn'\"r SUED/ VISION OF EAGLES NEST • (INSTRUMENT NUMBER 20060907001360140) 2" TREE (TYP) 55 date. 11 /01 /10 revised: 02/18/11' proj. no -204-0910 file: 204-0910_Exhibit.dwg tech: WJW sheet 3 of 9 project: WEST NECK ROAD AND INDIAN RIVER ROAD AT SUBDIVISION OF EAGLES NEST :hItects 757.431.1041 VIRGINIA BEACH, VIRGINIA s wplsite.com g ENCROACHMENT INTO scale: drawin title: Trail, Suites 1'- 40' I WEST NECK ROAD AND INDIAN RIVER RC VA 23452 O o Q a' � r3� �ii �O o co s � o �Z Z j L- I� I I • PARCEL W' • VAR WIDTH STRIP DEDICATED TO TH£ dTY OF WRGINIA BEACH FOR PUBLIC PURPOSES INCLUDING OREN-SRAC& LANDSCAPING BUFFER4 DRAINAGF� UTIIJT/a TRAILS AND ROADWAYS (INSTRUMENT NUMBER 2006090700136 140) i• i i • • ASPHALT PATH • o o. 30 0 • PLANTING BED 2" TREE (TYP) • • ASPHALT PATH 57 56 Hcn'\"r SUED/ VISION OF EAGLES NEST • (INSTRUMENT NUMBER 20060907001360140) 2" TREE (TYP) 55 date. 11 /01 /10 revised: 02/18/11' proj. no -204-0910 file: 204-0910_Exhibit.dwg tech: WJW sheet 3 of 9 project: WEST NECK ROAD AND INDIAN RIVER ROAD AT SUBDIVISION OF EAGLES NEST :hItects 757.431.1041 VIRGINIA BEACH, VIRGINIA s wplsite.com g ENCROACHMENT INTO scale: drawin title: Trail, Suites 1'- 40' I WEST NECK ROAD AND INDIAN RIVER RC VA 23452 v p 2' TREE (TYP) � W p ASPHALT PATH 56 W pJ �a VAR PARCEL STRP O / DEDIcA7FD TO 7HE Q'7Y OF WROINIA BEACH FOR PUBLIC PURPOSES INCLUDING OPEN-SPAQ_ LAAWCAPING qO N O O /// 'BUFFERS DRAINAGE, U77U77a NS 7RUMENT NUMBER R Q ^ l� O ///. ]RAILS AND ROADWA N.� 55 o W o //%/ 2I 006090700 360140) �O O Q, m j /. BRK W L ---- BRK WALL, COLUMN r ♦N Z %/j & SUBDIVISION SIGN SUBDIWSION OF �Qv / 'EAGLES NEST' EAGLES NEST m I PLANTING BED (INSTRUMENT NUMBER 20060907001360140) Q Z m L BRICK 8 "' DM) KESTREL PLANTING BED COLUMN (,50' RIGHT—OF—WAY) Qc CN. NO. 20060907001360140) W I PLANTING BED BRK WALL, COLUMN & SUBDIVISION SIG 'EAGLES NUT' BRIE WALL PLANTING BED 2' TREE (TLP) SUBDIVISION OF EAGLES NEST (INS7RUMENT NUMBER 20060907001360140) PARCEL 'A' CITY OF VIRGINIA BEACH, VIRGINIA (OPEN SPACE) PLANTING (DRAINAGE, UMMES, BED TRAILS, ROADWAYS, do LANDSCAPE BUFFERS) (INSTRUMENT NUMBER 20060907001360140) ASPHALT PATHO date: 11 /01 /10 revised: 02/18/11 prof. no -204-0910 file: 204-0910_Exhibit.dwg tech: WJW sheet 4 of 9 119 project: WEST NECK ROAD AND INDIAN RIVER ROAD AT SUBDIVISION OF EAGLES NEST iitects 757,431.1041 VIRGINIA BEACH, VIRGINIA wplsite.com scale: drawing title: ENCROACHMENT INTO rail, Suite 8 1•- 40'1 WEST NECK ROAD AND INDIAN RIVER RC VA 23452 -� ASPHALT 0 d PATH 2" TREE (TYP) c,� qco PLANTING BED Vo �� �O \j 5� , • �j/ • U� N QZt VALVES SUBDrnsiON OF FAOLE$ NEST (INSTRUMENT NUMBER W O m 0 • • • • 20060907001360140) m PANEL Q • • • ! • WSPRHM . IWELL ►,P, COWROL VALVE I SPFdNMAIN az PARCEL 'A' • `"" CITY OF VIRGINIA • • • BEACH, VIRGINIA PLANTING BED (OPEN SPACE) (DRAINAG& UTIL MES, TRAILS, ROADWAYS, & LANDSCAPE • BUFFERS-)• (INSTRUMENT NUMBER • • • ID I 20060907001360140) date: 11/01/10 revised: 02/18/11proj. no. 204-0910 file: 204-0910_Exhibit.dwg tech: WJW sheet 5 of 9 project: WEST NECK ROAD AND INDIAN RIVER ROAD AT SUBDIVISION OF EAGLES NEST Landscape Architects 757.431.1041 VIRGINIA BEACH, VIRGINIA nd Surveyors wplsite.com vil Engineers Rscale: drawing title: ENCROACHMENT INTO Virginia Beath, VAS 234528 19' 401 1 WEST NECK ROAD AND INDIAN RIVER ROA PARCEL 'A' Cl TY OF NRGINIA BEACH, VIRGINIA (OPEN SPACE) (DRAINAGE, U770YES, TRAILS, ROADWAYS, & LANDSCAPE BUFFERS) (INSTRUMENT NUMBER 20060907001360140) • ASPHALT • PATH • • COMM VALVE • 'LANTING • BED • ' HEAD(TYP) v � 5 Ip.E)R PLANTING ' BED 6 2" TREE (TYP) 0 SUBDIVISION OF EAGLES NEST M f 0(INSTRUMENT NUMBER 20060907001360140) • Q4'HOLLY(TYP)"'D Q p Q • date: 11/01/10 revised: 02/18/11 proj. no. 204-0910 file: 204-0910_Exhibit.dwg tech: WJW sheet 6 of 9 project: WEST NECK ROAD AND INDIAN RIVER ROAD AT SUBDIVISION OF EAGLES NEST Landscape rchitects 757.431.1041 VIRGINIA BEACH, VIRGINIA Land Civil Surveyors wplsite.com Engineers scale: drawing title: ENCROACHMENT INTO 242 Mustang Tragi, Suite 8 Virginia Beach, VA 23452 1•- 40' I WEST NECK ROAD AND INDIAN RIVER ROA PLANE UfN VIROIN�TE rcAYs g$3 SS COORDINE NAD 1 �v JON 0 0 0 �0 � O �4 O N PC o W WoN w� maLJQr z� 4Z Z PARCEL 'A' CITY OF VIRGINIA BEACH, VIRGINIA (OPEN SPACE) (DRAINAGE, U774771ES, TRAILS, ROADWAYS, & LANDSCAPE BUFFERS) (INSTRUMENT NUMBER 20060907001360140) 9 • CONTROL • PLA! • • • • PLANTING BED proj. no -204-0010 sheet 7 of 9 EAGLES NEST (INSTRUMENT NUMBER • , • , 20060907001360140) • 6 uvEs MAICONTROL ) • • Land Surveyors wplsite.com Civil Engineers scale: drawing title: ENCROACHMENT INTO 242 Mustang Trail, suite 8 Virginia Beach, VA 23452 1•- 40� (WEST NECK ROAD AND INDIAN RIVER ROA4 • SPRINKLER, • CONTROL VALVE • PLANTING BED oil date: 11 /01 /10 revised: 02/18/11 file: 204-0910—Exhibit.dwg tech: WJW proj. no -204-0010 sheet 7 of 9 project: WEST NECK ROAD AND INDIAN RIVER ROAD AT SUBDIVISION OF EAGLES NEST Landscape Architects 757.431.1041 VIRGINIA BEACH, VIRGINIA Land Surveyors wplsite.com Civil Engineers scale: drawing title: ENCROACHMENT INTO 242 Mustang Trail, suite 8 Virginia Beach, VA 23452 1•- 40� (WEST NECK ROAD AND INDIAN RIVER ROA4 pOX TH . • U TAS SCS ' 2" T (�) • VIRq�Npif SD 1 gg3/I8s CSC ZpNE, Z. • PLANTING BED o o SPRNW CONTRM VkVE\ 4 � , SUBD/VIS/0N OF M • `v , EAGLES NEST O O (INSTRUMENT NUMBER O O `v' 20060907001360140) O 4 QZ W j ' • 19 r-- ASPHALT ' PARCEL 'A' PATH 2" TREE CITY OF VIRGINIA BEACH, VIRGINIA �---, (OPEN SPACE) 0 (DRAINAGE, UT1L IVES, TRAILS, ROADWAYS, �� dt LANDSCAPE w' BUFFERS) NS7RUMEENT NUMBER 2/0060907001360140) date: 11/01/10 revised: 02/18/11 proj. no. 204-0910 file: 204-0910_Exhibit.dwg tech: WJW sheet 8 of 9 E�Mal project: WEST NECK ROAD AND INDIAN RIVER ROAD AT SUBDIVISION OF EAGLES NEST W,041 VIRGINIA BEACH, VIRGINIA wplsite.com scale: drawing title: ENCROACHMENT INTO Suite 11' 40� I WEST NECK ROAD AND INDIAN RIVER RC EX NC,. SUB 1WS/ON OF \ PO?s EAQLES /VEST (INSTRUMENT NUMBER 20060907001360140) II IO 0 CD TREE (TYP) • • 11��SPFMQM CONTROL VALVES • • • I' NO INGRESS/EGRESS EASEMENT (INSTRUMENT NUMBER 20060907001360140) INDIAN RIVER ROAD (30' & VARIABLE WIDTH RIGHT—OF—WAY) (INSTRUMENT NUMBER 20060907001360140) PARCa A' TROY PATRICK WWRSON & ROBW NILKERSAN (2403-11-3593) (M.a 69, PG 8) (D.a 3695, PG 839) PARCEL 'A' CITY OF VIRGINIA BEACH, WRG/N/A (OPEN SPACE) (DRAINAGE, UMMES, TRAILS, ROADWAYS, Bc LANDSCAPE BUFFERS) (INSTRUMENT NUMBER 20060907001360140) date: 11/01/10 revised: 02/18/11' proj. no -204-0910 file: 204-0910_Exhibit.dwg tech: WJW sheet 9 of 9 project: WEST NECK ROAD AND INDIAN RIVER ROAD AT SUBDIVISION OF EAGLES NEST ;LU ects 757.431.1041 VIRGINIA BEACH, VIRGINIA s wplsite.com scale: drawing title: ENCROACHMENT INTO Trail, suite 8 1•- 40' ( WEST NECK ROAD AND INDIAN RIVER Rt . VA 23452 LD s , Y+,���� i I/ 1 � V... v N t 41"�4� f'�'$ � rsd. � v�wi { •'Ri. - .. " "�- w�. �� � �. : :`Y a .mss w!£"`*�"`•,�'S µ�.•i i�E � R e �, � •;. � ..1. i'� A y".., "�"�" `e" dad � ,� 1 Nq 4 ,, 4.� � r . .. .. , LQ + CA (D LLC) CD 00 L-1 -0 x E SIM Item V -J.4. ORDINANCES ITEM # 60796 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT.• Ordinance to AUTHORIZE the City Manager to EXECUTE and SUBMIT the 2011 Housing Choice Voucher Annual Agency Plan and Revised Administrative Plan to US Housing & Urban Development (HUD) Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 12, 2011 1 AN ORDINANCE TO ADOPT THE 2011 HOUSING CHOICE 2 VOUCHER ANNUAL AGENCY PLAN AND A REVISED 3 ADMINISTRATIVE PLAN, AND TO AUTHORIZE THE CITY 4 MANAGER TO EXECUTE AND SUBMIT THE PLANS TO 5 THE U.S. DEPARTMENT OF HOUSING AND URBAN 6 DEVELOPMENT 7 8 WHEREAS, the City's Department of Housing and Neighborhood Preservation 9 ("DHNP") operates the federally -funded Housing Choice Voucher program ("HCV 10 program"), formerly known as the Section 8 Program; and 11 12 WHEREAS, the U.S. Department of Housing and Urban Development ("HUD") 13 requires agencies that operate HCV programs to submit (1) a five-year plan; (2) an 14 annual agency plan for each fiscal year in which DHNP receives federal funding for its 15 HCV program; and (3) a revised administrative plan, as applicable; and 16 17 WHEREAS, DHNP submitted a five-year plan to HUD in 2010 detailing DHNP's 18 mission and long range goals and objectives for achieving its mission over the 19 subsequent five years; and 20 21 WHEREAS, DHNP is required to annually file an agency plan to update HUD on 22 DHNP's progress in achieving the goals stated in the five-year plan; and 23 24 WHEREAS, DHNP is also required to file an administrative plan describing the 25 operational procedures of the HCV program at DHNP; and 26 27 WHEREAS, as required by HUD, DHNP has prepared an annual agency plan 28 and a revised administrative plan; and 29 30 WHEREAS, DHNP is required by HUD to include a certification in the annual 31 agency plan demonstrating DHNP's compliance with applicable laws, and HUD rules 32 and regulations, in order to continue to operate the HCV program; and 33 34 WHEREAS, executive summaries of the annual agency plan and the 35 administrative plan are attached hereto, and a copy of each plan is on file with the City 36 Clerk. 37 38 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 39 VIRGINIA BEACH, VIRGINIA: 40 41 DHNP's annual agency plan and revised administrative plan for the Housing 42 Choice Voucher Program are hereby ratified and adopted, and the City Manager is 43 hereby authorized and directed to execute and submit the annual agency plan and the 44 revised administrative plan to the U.S. Department of Housing and Urban Development. Adopted by the Council of the City of Virginia Beach, Virginia on the day of April , 2011. APPROVED AS TO CONTENT 1"A1 fill Ar, part sing & Neighborh od Preservation CA11843 R-1 March 31, 2011 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office Executive Summary 2011 Housing Choice Voucher Plans — Five Year, Annual and Administrative Plans Department of Housing and Neighborhood Preservation April, 2011 Federally -Required Plans for the Housing Choice Voucher Program The Department of Housing & Neighborhood Preservation (DHNP) operates the federal Housing Choice Voucher Program (HCV) in the city. The program provides funding for rental subsidies for over 1,900 households in Virginia Beach and in some cases in neighboring cities. Funding for the HCV program is from the U.S. Department of Housing and Urban Development. In order to comply with all Federal requirements for this program, the city must create and adopt the following plans: Plan Name Summary Purpose and Status Content Five Year Provides long term This plan was developed Agency Plan guidance for the program and adopted by Council in 2010. Annual Agency Describes the agency's Developed by staff and Plan`` plan for the current year, proposed for adoption by consistent with the five Council with this year plan ordinance Administrative Describes in detail how Amendments have been Plan the HCV program will developed by staff and operate are proposed for adoption by Council with this ordinance Additional Detail on Plan Contents Five Year Agency Plan: This plan provides the long-term direction for the agency in operating the HCV program. No changes to this plan are proposed at this time. Annual Agency Plan: This plan must be submitted annually. The plan as developed by staff contains the following information: - Eligibility, selection and admissions policies, including de -concentration and wait list procedures - Financial resources - Rent determination procedures - Operations and management - Grievance procedures - Self-sufficiency programs (FSS) Executive Summary 2011 Housing Choice Voucher Plans — Five Year, Annual and Administrative Plans Department of Housing and Neighborhood Preservation April, 2011 - Civil rights certifications - Fiscal year audit - Housing needs for the area - Strategy for meeting housing needs - Progress in meeting mission and goals - Any significant amendment and substantial deviations or modifications - Any plan elements that have been revised since the last Annual Plan certification - A listing of the locations where key elements of the Plan can be found On March 22, 2011 the Plan was reviewed with our Resident Advisory Board. That board is composed of representatives from our Virginia Beach Housing Choice Voucher holders. Their comments will be attached to the final HUD submittal along with any that are received from the general public. The approved Annual Agency Plan along with the two required certifications must be electronically submitted to HUD no later than April 15, 2011 which is the required 75 days before the beginning of our Federal Fiscal Year of July 1, 2011. Administrative Plan: Staff have developed the 2011 revisions to the plan. Primary differences between the 2010 approved plan and the revision are as follows: • Numerous format, grammatical and organizational corrections. • Change of policy to allow for a consolidation of homeless single room occupancy waiting lists. • Revisions to ensure the plan reflects actual day to day operations of VBDHNP's Rental Housing Division • Insertion of required policy descriptions for a new program: Project Based Veterans Administration Supportive Housing (VASH) Vouchers. • Changes in our Housing Quality Standards Inspections policy to allow for two rescheduled inspections appointments to accommodate family emergencies. • Added Welfare Fraud as a violation to our reasons for termination procedures • More detailed explanation of how Fraud issues are reported to and handled by VBDHNP • DHNP will accept application from SRO Mod. Rehab participants to the HCV waiting list (when open) after one years of residency in SRO unit. K Executive Summary 2011 Housing Choice Voucher Plans — Five Year, Annual and Administrative Plans Department of Housing and Neighborhood Preservation April, 2011 More details on verification procedures Because of the extent of these revisions, Council approval is required. Once approved, the revised plan will be advertised and made available to the public and, in particular, to current Section 8 voucher holders. -51 - Item V -J. 5. ORDINANCES ITEM # 60 79 7 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE Amendment No. 9 to the Public Works Specifications and Standards Manual Voting: 11-0 (By Consent) Council Members Voting Aye.- Rita ye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 12, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 A RESOLUTION TO ADOPT AMENDMENT NO. 9 TO THE PUBLIC WORKS SPECIFICATIONS AND STANDARDS MANUAL WHEREAS, by resolution adopted June 14, 1994, the City Council adopted and promulgated the Specification and Standards Manual ("the Manual") developed by the Department of Public Works; and WHEREAS, pursuant to Section 1.3 of the Manual, all amendments to the Manual shall be adopted by City Council, and eight (8) previous amendments have been so adopted; and WHEREAS, over the past year, the Department of Public Works has written revisions, and updates to all existing engineering materials, details and technical requirements relating to the Manual and have compiled such revisions as Amendment No. 9. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Specifications and Standards Manual of the Department of Public Works be, and hereby is amended by the adoption of Amendment No. 9, which has been exhibited to City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on this 12th day of April, 2011. Summary of Revisions to the Public Works Specifications and Standards Manual Amendment #9 (December, 2010) GENERAL 1. All references to the Virginia_ Department of Transportation (VDOT) Road and Bridge Specifications (1994) and the referenced section numbers have been updated to The Virginia Department of Transportation Road and Bridge Specifications (2007) with the appropriate section numbers. 2. All references to the Virginia Department of Transportation Road and Bridge Standards (1993) drawings have been updated to the appropriate Virginia Department of Transportation Road and Bridge Standards (2008). CHAPTER 1 1. Deleted section indicating the Manual amendments will be distributed to all consultants via City/Consultant Meeting Minutes. The manual and amendments are available only on the Public Works Department website at www.vbg_ov.com. 2. Revised section under PW/Engineering/Survey Bureau to state that the Survey Bureau DOES review the preliminary plat submittal. CHAPTER 2 1. Changed allowable color for Street Name Sign blades (background) from yellow to white for private streets. 2. Added Section 2.2.8 — All non -concrete storm sewer pipes used with any public sewer system will be connected to drainage structures (Precast or Cast in Place) with a flexible soil tight and leak resistant connection as recommended by the pipe manufacturer. Details and/or specifications must be provided on the plans showing the method of pipe to structure connection. CHAPTER 3 1. The section "Subdivision Intersection Minimum Corner Radii" has been replaced with a table for clarity. 2. The section "Construction in the Beach Area" has been revised to provide more specific dates and location limits. 3. The section "Residential Entrances for Duplex and Single Family Developments" has been revised to provide more specific requirements for geometries, materials, width and location. - Includes residential entrance requirements for the North Beach area from Chapter 18 for clarity. 4. Under the section regarding "Visibility Triangle" under "Sight Distance", the distance 12 feet has been changed to 14 feet. 5. The section "As -Built Drawings" has been revised to provide clarity and more specific requirements. An "As -Built Drawings" Checklist has been added at the end of the chapter. CHAPTER 5 1. Added "Federal Highway Administration (FHWA) Superpave System" as allowable flexible pavement. CHAPTER 6 1. Changed "Curb Ramps" section to state that all curb ramps must be designed in accordance with the latest Americans with Disabilities Act (ADA) guidelines and latest VDOT detail. CHAPTER 7 1. Minor editorial changes have been made throughout chapter. CHAPTER 8 1. Adding statement that the latest copy of the Planning Department's Storm Water Management Facilities (SWMF) Maintenance Agreement can now be found on the Planning Department's website at www.vbg_ov.com. 2. Modified the requirement for outfall structures restricting flow to incorporate "washed" #57 aggregate. 3. The section "Bonds for Storm Water Management Facilities" has been re -worded for clarity. 4. General requirements for use of a "hydrodynamic" or "filtering" type SWMF were added. 5. Modified section entitled "Development Adjacent to the City of Norfolk" to state that the SWMF design shall minimize the number of outfalls into lake and SWMF shall be located a minimum of 100' from lake, where 100 foot buffers exist. 6. Under "Water Quality", added statement that says Public SWMF's shall not be "marsh" type or infiltration type facilities. CHAPTER 9 1. Deleted section entitled "Planning (DSC) Permits and Permit Performance Bonds", which details requirements for the permittee. This is covered in other chapters. CHAPTER 10 1. Changed the Horizontal Control reference to Highway Accuracy Reference Network (HARN) and the Vertical Control reference to North American Vertical Datum (NAVD) 1988, throughout. 2. Replaced the encroachment process in its entirety with an updated process. 3. Statement added to note that the latest "Declaration of Easement" form can be found on the Planning Department's website at www.vbgov.com. 4. Modified language to state that when any instrument, such as a recordable agreement, deed of dedication, etc., is required with a site plan or construction plan, the plan(s) will not be released until the instrument is actually recorded in the Office of the Clerk of Circuit Court. 5. Statement added to note that the latest SWMF Maintenance Agreement can be found on the Planning Department's website at www.vbgov.com. CHAPTER 11 1. Deleted section entitled "Right -of -Way Dedication Requirement — Preliminary Subdivisions". 2. "Subdivision Performance Bonds" has been rewritten to include the coverage of off-site improvements. 3. "Site Plan Performance Surety" has been updated to include the requirement of a right- of-way permit. A listing of typical improvements and the requirements for the release of the Performance Surety have been included. 4. Under "Site Plans", revised requirement for sites with drive -up windows to require a stacking lane with adequate on-site queing that does not block "required" parking. 5. Under the Land Management section, added a statement that structures must be located 20' from drainage easements, unless otherwise approved. 6. Modified the section "Site Plan and Subdivision Streetlighting" to incorporate a new procedure for subdivision streetlighting approval. CHAPTER 12 1. Deleted section entitled "Bulkhead and Boardwalk for Oceanfront". CHAPTER 13 1. Revised several definitions related to the CBPA (Chesapeake Bay Preservation Area Ordinance) to match the City Code. CHAPTER 14 1. Defined the professional requirements for Southern Watershed plan preparation. "Certification of Design" has been updated to define who may perform the work. CHAPTER 15 1. Revised section entitled "Erosion and Sediment Control Bond" to define types of acceptable sureties. CHAPTER 16 1. Under section entitled "Pedestrian Signal Display Selection", revised the VDOT standard for pedestrian signals from SP -4 to SP -8. 2. Added requirements for "Video Imaging Vehicle Detection". CHAPTER 17 1. Miscellaneous wording revisions throughout to clarify the criteria and processes for Roadway Lighting with the City. APPENDIX A 1. Revised Detail A-24 to remove Landscaped Island. 2. Minor corrections to drawings A-34 and A-35, "Typical Sections for Four -Lane Parkway in Transition Area." APPENDIX B 1. Added Detail B -33A for "Acceptable Slope Alternative for Large Lakes, Ponds and Canals without benching". 2. Revised Details B-38, B-44 and B-45 to require distance from structure foundation to be 3' minimum. 3. Deleted Detail B-46. 4. Revised Detail B -46A to require distance from structure foundation to be 3' minimum. Revised note to indicate bed must be planted with a mixture of native ground covers and perennials. APPENDIX C 1. Revised CG -12 Requirements, Detail, C-7 to match VDOT requirements. 2. Added Residential Concrete Paver Detail, C-16. 3. Added North Beach Residential Driveway Apron Detail, C-21. APPENDIX D 1. Revised Commercial Entrances Detail, D-3, to show width at 30' min., and distance from property line to aisleway or parking space to be 30'. 2. Minor correction to Details D-4 and D-5. 3. Changed dimension on Detail D-7 from 12' to 14', relative to line of sight. 4. Minor correction to Detail D-16. 5. Changed lettering color on Detail D-32. 6. Minor corrections on Detail D-33. 7. Minor corrections to Detail D-43. 8. Added Fillet of Material Detail, D-58. 9. Deleted Traffic Control Details, D-58 through D-61 a. 10. Added Details D52A and D52B, Pedestrian Pushbutton Sign Layout 11. Minor wording revision to D-53 and D-55. APPENDIX E 1. Updated General Notes for Subdivisions and Site Development. 2. Miscellaneous revisions to checklists. APPENDIX F 1. Revised wording regarding SWMF inspection criteria to indicate that the Virginia Department of Conservation and Recreation (DCR) provides guidance on how to design and maintain SWMF's to comply with the Virginia Stormwater regulations. 2. Revised wording regarding SWMF maintenance inspections to indicate that maintenance inspections shall be performed in accordance with the City's Virginia Pollutant Discharge Elimination System (VPDES) permit. APPENDIX I 1. Developed a new Appendix I, which provides specific requirements for preparing plats, including a Plat Checklist. William H. Halprin President S. L Cohen Vice president Scott M. Gandy Associate vice president Steven E. Lawson Treasurer Dennis M. Graf Secretary Channing A. Pfeiffer Chief executive officer Builder Directors Richard L Bowie Scott L Crumley Christopher J. Ede] Lucky C. Peterson Stephen B. 0uick IV Eric J. Sasser Douglas C. Smith Erin Widener Speckhart Associate Directors Kelly M. Beck Robert M. Boyd J. Gregory Dodd Thomas W. Dye Joseph W. Kesterson Robert L Nicholson Brenda K. Reid Edward 0. Yoder Directors Emeriti Edward P, Brogan William J. Fanny Richard D. Guy Doyle E. Hul Frederick J. Napolitano Sr. Richard E 0lhiieri John H, Peterson Jr. Julian Rashkind Stanley Waranch Howard M. Weisberg Wendell A. White NAHB Past Presidents Frederick J. Napolitano Sr. Stanley Waranch NAHB Ufa Directors Edward P. Brogan Lawrence J. Goldrich Robert A Lawson Jr. Stephen J. Magda Jr. Frederick J. Napolitano Sr. Frederick J. Napolitano II Vincent A Napolitano Michael D. Newsome Julian Rashkind Michael P. Rashkind Stanley Waranch Howard M. Weisberg Wendel( A Write HBAV Past Presidents Jeffrey W. Ainslie Lee A Gifford (deceased) David A. Howard (deceased) Frederick J. NapoNlarto Sr. Vincent Napoltano Theodore S. Schlossman Douglas W. Talbot Stanley Waranch January 3, 2011 Mr. Brad Hobbs Ms. Laurie Murphy Department of Public Works, Engineering Division City of Virginia Beach 2405 Courthouse Drive, Building 2 Virginia Beach, Virginia RE: Public Works Specifications and Standards Manual Dear Mr. Hobbs and Ms. Murphy; i; Tidewater Builders Association Thank you for soliciting our input on the proposed update to the Specifications and Standards Manual. After reviewing our initial comments with you, we support moving forward with the update with the following exceptions as discussed today: • Eliminate the use of exposed aggregate in CG -12 Curb Ramps, Section 6.3.5 e) 5) (b). • EIiminate changes in Section 8.13 a) regarding separation of ponds from building foundations. • Reword, Section 9.17.I to clarify the intent with respect to buffers under city control. • Reword Section 8.18 to emphasize public maintained facilities. Again, we appreciate the opportunity to provide input and look forward to working with you on future updates. Respectfully, Claudia K. Cotton Staff Vice President Cc: John Ainslie, Lucky Peterson, Virginia Beach Municipal Affairs Committee 2117 Smith Avenue, Chesapeake, VA 23320-2515 • Phone: (757)420-2434 • Fax: (757) 424-5954 • www.tbaonline.org Affiliated with the Home Builders Association of Virginia and the National Association of Home SLAiers Item V -J. 6. ORDINANCES ITEM # 60798 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT. Ordinance to MODIFY a $5 -Million interest free loan to the Virginia Beach Rescue Squad to clarify the payment schedule Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 12, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 AN ORDINANCE TO MODIFY THE $5,000,000 INTEREST-FREE LOAN TO THE VIRGINIA BEACH RESCUE SQUAD WHEREAS, the City of Virginia Beach approved a loan of $5,000,000 to the Virginia Beach Rescue Squad, Inc. ("Rescue Squad") on September 4, 2007 for the design and construction of a new building; and WHEREAS, the Rescue Squad gave the City a promissory note ("Note"), dated September 5, 2007, in the amount of $5,000,000; and WHEREAS, the Rescue Squad and the City amended the Note in December 2010 to provide a change in the repayment schedule; WHEREAS, the Rescue Squad and the City desire to clarify the payment schedule further in regard to the payment dates. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That, subsequent to execution of same by the Rescue Squad, the City Manager or his designee is authorized and directed to execute an amendment to the Note to change the payment dates from September to January as set forth in the attached Exhibit, titled "Amendment Two to the Promissory Note." Adopted by the Council of the City of Virginia Beach, Virginia on the 1 .t -h day of April 2011. APPROVED AS TO CONTENT ilwlthh7l mergency Medical Services APPROVED AS TO CONTENT Management Services / CA11830 R-1 March 16, 2011 APPROVED AS TO CONTENT Finance Department APPROVED AS TO LEGAL SUFFICIENCY oteyrssOffice AMENDMENT TWO TO PROMISSORY NOTE BETWEEN THE CITY OF VIRGINIA BEACH AND THE VIRGINIA BEACH RESCUE SQUAD, INC. Whereas, the City of Virginia Beach received a promissory note ("Note") from the Virginia Beach Rescue Squad, Inc., dated, September 5, 2007, in the amount of $5,000,000; and Whereas, the City of Virginia Beach and the Virginia Beach Rescue Squad, Inc. desire to modify the Note as provided herein; NOW, THEREFORE, the Note is hereby modified as follows: 1. Payment on principal shall amended to provide: On or before Septembef 5 JanuM 28, 20099 - $500,000 On or before mer- 5 January 28, 204910 - $500,000 On or before September -5 January 28, 204-911 - $500,OD0250,000 On or before Septembef 5 January 28, 204412 - $20,O D0500,000 On or before September- 5 January 28, 204-213 - $500,000 On or before Sept of S January 28, 204-314 - $500,000 On or before September -5 January 28, 204-415 - $500,000 On or before Septembers January 28, 204516 - $500,000 On or before September --5 January 28, 204-617 - $500,000 On or before September5 January 28, 204-718 - $500,000 On or before hers January 28, 20U19 - $250,000 2. The "Maturity Date" shall be January 28, 20198eptenibe•. c- 3. All other terms and conditions of the Note shall remain as provided in the Note. WITNESS the following signature. VIRGINIA BEACH RESCUE SQUAD, INC. Title: Date: CITY OF VIRGINIA BEACH, VIRGINIA City Manager or designee Date: APPROVED AS TO CONTENT: Title: Date: APPROVED AS TO LEGAL SUFFICIENCY: Title: Date: -53 - Item V -J. 7. ORDINANCES ITEM # 60799 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinance to ACCEPT a donation from the Norfolk Police Department of automated license plate readers valued at $76,800 for the Virginia Beach Police Department Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 12, 2011 1 AN ORDINANCE TO ACCEPT A DONATION OF 2 AUTOMATED LICENSE PLATE READERS 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 That four automated license plate reader units, with an estimated value of $76,800, 6 are hereby accepted from the City of Norfolk Police Department and provided to the Police 7 Department for use in protecting the public. Adopted by the Council of the City of Virginia Beach, Virginia on the 1 9 th— day Of Anri 1 2011. APPROVED AS TO CONTENT: Management Services CA11844 R-1 March 30, 2011 APPROVED AS TO LEGAL SUFFICIENCY: ey's Office -54 - Item V-18a/b/c ORDINANCES ITEM # 60800 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinances to: TRANSFER $8, 774 from "Instructions" to "Technology " within the FY 2010-2011 School Operating Budget APPROPRIATE $108,141 from the Department of Homeland Security to the Fire Department re various equipment to support Marine Team operations APPROPRIATE $50,000 from the Virginia Aquarium and Marine Science Center Foundation, Inc. for the remainder of FY2010-2011 to reimburse five positions for a research project Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 12, 2011 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO TRANSFER FUNDS FROM THE INSTRUCTION CLASSIFICATION OF THE SCHOOL BOARD OPERATING BUDGET TO THE SCHOOL BOARD TECHNOLOGY FUND BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $8,774 is hereby transferred from the Operating Fund (115) Instruction Classification to the Technology Fund (106) within the FY 2010-11 School Operating Budget. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of April , 2011. APPROVED AS TO CONTENT Management Services CA11836 R-2 March 24, 2011 APPROVED AS TO LEGAL SUFFICIENCY: MRGINIA BEACH CITY PUBLIC SCHOOLS A H E A D O F T H E C U R V E 0011 � Daniel D. Edwards Chairman District 1 — Centerville 1513 Beachview Drive VA Beach, VA 23464 495-3551 (h) . 717-0259 (c) William J. "Bill" Brunke, IV Vice -Chairman District 7 — Princess Anne 4099 Foxwood Drive, Suite 108 Virginia Beach, VA 23462 222.0134 (w) • 286-2772 (c) Todd C. Davidson At -Large 1861 Mayberry Drive VA Beach, VA 23456 427-3330 (w) • 285-9409 (c) Emma L "Em" Davis District 5 — Lynnhaven 1125 Michaelwood Drive VA Beach, VA 23452 340-8911 (h) Dorothy M. "Dotlie" Holtz At -Large 1304 Downs Lane VA Beach, VA 23455 460-2440 (h) Brent N. Mckenzie District 3 — Rose Hall 1400 Brookwood Place VA Beach, VA 23453 010-2736 (c) Ashley K. McLeod Al -Large 5508 Del Park Avenuc VA Beach, VA 23455 552-0348(h) Samuel G. "Sam" Reid District 6 — Beach 1533 VA Beach Blvd. VA Beash, VA 23454 284-1067 (c) Patrick S. Salyer At -Large 2233 Creeks Edge Dove VA Bewh, VA 23451 620.2141 (c) Sandra Smith•-iones District 2 — Kernpsville 705 Rock Creek Court VA Beach. VA 23462. 490-8167(h) Carolyn D. }Preem District 4 — Bayside 1420 Claudia Drive VA Beach, VA 23455 464-6674 (h) SUPERINTENDENT James G. Meal, E&D. 2512 George Mason Drive VA Beach, VA 23456 2631007 RESOLUTION REGARDING FY 2010-11 BUDGET AND REQUEST FOR CATEGORICAL/FUND TRANSFERS WHEREAS, the City of Virginia Beach, Virginia's adopted Budget Ordinance for the current fiscal year appropriated funds to the School Board of the City of Virginia Beach, Virginia by major Category; and WHEREAS, The Code of Virginia §22.1-115, as amended, requires that technology related expenditures be made in a separate Fund or Category; and WHEREAS, the School Administration has determined that a number of schools/departments should purchase required technology in order to meet the spending needs of the schools/departments and that categorical/fund transfers are required to enable those purchases; and WHEREAS, the following budget transfers are recommended by the School Administration: ®Total of $8,774 from Operating Fund 115- Instruction to Technology Fund 106 WHEREAS, transfers between categories/funds must be approved by the City Council prior to expenditure of such funds by the School Board. Now therefore, be it RESOLVER: That the School Board approves and affirms the above listed recomnTended uses of these funds; and RESOLVED: That the School Board requests that the city Council approve the budget categorical/funds transfers shown above; and be it FINALLY RESOLVED: That the a copy of this Resolution be spread across the official minutes of tills School Board, and the Clerk of the School Board is directed to deliver a copy of this Resolution to the Mayor, each member of the City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 151h day of March 2011 S E A L Daniel D. Edwards, Chairman ATTEST: Dianne P. Alexander, Clerk of the Board School Administration Building 2512 George Mason Drive . P.O. Box 6038 , Virginia Beach, VA 23456-0038 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY TO THE FY 2010-11 OPERATING BUDGET OF THE FIRE DEPARTMENT FOR VARIOUS EQUIPMENT TO SUPPORT MARINE TEAM OPERATIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That, $108,141 is hereby accepted from the United States Department of Homeland Security and appropriated, with estimated federal revenues increased accordingly, to the FY 2010-11 Operating Budget of the Fire Department to purchase equipment for the Virginia Beach Fire Department's Marine Team. Adopted by the Council of the City of Virginia Beach, Virginia on the 1 2f.h day Of Apr i 1 , 2011. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services Ci y A y s Office CA11837 R-2 March 24, 2011 1 AN ORDINANCE TO APPROPRIATE FUNDING FROM 2 THE VIRGINIA AQUARIUM AND MARINE SCIENCE 3 CENTER FOUNDATION, INC. AND APPROVE FIVE 4 FOUNDATION FUNDED POSITIONS 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 1. That $50,000 in anticipated revenue is hereby accepted from the Virginia Aquarium 8 and Marine Science Center Foundation, Inc. ("Foundation") and appropriated, with 9 revenue from local sources increased accordingly, to the FY 2010-11 Operating 10 Budget of the Department of Museums for sea turtle research; 11 12 2. That five full-time equivalent ("FTE") positions are hereby added to the FY 2010-11 13 Operating Budget of the Department of Museums, including one (1) Senior Curator, 14 one (1) Exhibits Technician III, and three (3) Exhibits Technician II; 15 16 3. That continuing the five FTEs in future budget years is contingent upon future 17 funding from the Foundation; 18 19 4. That the City Manager is authorized to reflect these FTE adjustments in the FY 20 2011-12 Operating Budget. Adopted by the Council of the City of Virginia Beach, Virginia on the 12th day of Aril 2011. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services CA11845 R-2 March 30, 2011 - W Al I I � 1.1 _ 11 111 ',1 1' 1 Item K. PLANNING 1. BA YBERR Y RENTALS, LLC 2.DARSHAKPATEL (KAVERI, LLC) and MABEL BROCK 3. GREYHOUND LINES, INC. -55 - ITEM # 60801 NONCONFORMING USE MODIFICATION OF CONDITIONS RE SIZE OF CONVENIENCE STORE CONDITIONAL USE PERMIT 4.7 -ELEVEN, INC./COURTHOUSE MARKETPLACE a. Modification of Conditional Change OUTPARCELS, LLC of Zoning b. Modification of Conditional Use Permit S. STAINSTUDIOS, LLC 6. BUDDHIST EDUCATION CENTER OF AMERICAN DONG HUNG TEMPLE, INC. 7. CRAB POT SEAFOOD T/A WICKERS CRAB POT/ 8. ROBERT L. NELSON and BARBARA N. GRAY T/A WEST LANDING MARINE 9. CITY OF VIRGINIA BEACH RESORT MANAGEMENT OFFICE CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT MODIFICATION OF A CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT April 12, 2011 -56 - Item K PLANNING ITEM # 60802 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION Items 1 (DEFERRED April 26, 2011), 2 (DEFERRED May 10, 2011), 3 (DEFERRED to May 10, 2011), 4 (DEFERRED to May 10, 2011, 5 (ADDED CONDITION), 6, 7 (DEFERRED to April 26, 2011), 8 (WITHDRAWN) and 9 (DEFERRED INDEFINITELY) of the PLANNING BY CONSENT AGENDA: Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.- None ay: None Council Members Absent: None April 12, 2011 -57 - Item K.1. PLANNING ITEM # 60803 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED, BY CONSENT, to April 26, 2011, Application of BAYBERRY RENTALS, LLC, for a Nonconforming Use to enlarge the existing duplex at 2301 Bayberry Street Suite A & B (GPIN 1590514419) (DISTRICT 5 — LYNNHAVEN) Application of BAYBERRY RENTALS, LLC, for a Nonconforming Use to enlarge the existing duplex at 2301 Bayberry Street Suite A & B (GPIN 1590514419) (DISTRICT 5 — LYNNHAVEN) Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.- None ay: None Council Members Absent: None April 12, 2011 -58 - Item XZ PLANNING ITEM # 60804 Upon motion by Vice Mayor Jones, seconded by Lady Wilson, City Council DEFERRED, BY CONSENT, to May 10, 2011, Application of DARSHAK PATEL (KAVERI, LLC)/MABEL BROCK, Modification of a Conditional Use Permit, 971 Virginia Beach Boulevard (GPIN 2417659737). BEACH DISTRICT 6 - BEACH Application of DARSHAK PATEL (KAVERI, LLC) and MABEL BROCK for Modification of Conditions re size of the convenience store (approved by City Council January 21, 1985) and ADD a Greyhound passenger terminal on-site at 971 Virginia Beach Boulevard (GPIN 2417659737). (DISTRICT 6 —BEACH) Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 12, 2011 SRE Item K.3. PLANNING ITEM # 60805 Upon motion by Vice Mayor Jones, seconded by Lady Wilson, City Council DEFERRED, BY CONSENT, to May 10, 2011, Application of GREYHOUND LINES, INC. for a Conditional Use Permit re a passenger terminal at 971 Virginia Beach Boulevard (GPIN 2417659 73 7) (DISTRICT 6 — BEACH) Ordinance upon application of GREYHOUND LINES, INC., for a Conditional Use Permit, passenger transportation terminal, 971 Virginia Beach Boulevard (GPIN 2417659737). (DISTRICT 6 — BEACH). Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 12, 2011 1= Item K.4. PLANNING ITEM # 60806 Upon motion by Vice Mayor Jones, seconded by Lady Wilson, City Council DEFERRED, BY CONSENT, to May 10, 2011, 7 -ELEVEN, INC./COURTHOUSE MARKETPLACE OUTPARCELS, LLC, Modification of Conditional Change of Zoning, (Approved June 8, 2004) and (Approved Modification March 27, 200 7) 2448 Nimmo Parkway (GPIN 1494637921; 1494638788). (DISTRICT 7 - PRINCESS ANNE DISTRICT. a. Modification of Conditional Change of Zoning, Proffers re the Wawa site b. Modification of a Conditional Use Permit refuel sales with a convenience store Voting: 11-0 (By Consent) Council Members Voting Aye.- Rita ye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 12, 2011 -61 - Item K. 5. PLANNING ITEM # 60807 Attorney William C. Bischoff, 512 Bushnell Drive, Phone: 416-6008, represented Ancient Art Tattoos, and registered in Opposition. This business is not in the correct location. It is not consistent with the City's Pembroke Growth Area Strategic Implementation Plan of the Comprehensive Plan, particularly for the Western Campus District that will provide education related activities. Upon motion by Councilman Diezel, seconded by Councilman DeSteph, City Council ADOPTED, and ADDED Condition No. 7, in the approval of Ordinance upon Application of STAIN STUDIOS, LLC for a Conditional Use Permit re a tattoo studio at 92 South Witchduck Road (GPIN 1467737757). (deferred by City Council on March 22, 2011) (DISTRICT 2-KEMPSVILLE) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of STAIN STUDIOS, LLC for a Conditional Use Permit re a tattoo studio at 92 South Witchduck Road (GPIN 1467737757) (DISTRICT 2—KEMPSVILLE) 8041137467 The following conditions shall be required: 1. The conditional use permit for a tattoo and body piercing establishment is approved for a period of one (1) year with an administrative review and renewal (f appropriate) every year thereafter. Tattooing may include the application of permanent makeup. 2. A business license shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 3. No sign more than (4) four square feet of the entire glass area of the exterior wall(s) shall be permitted on the windows. There shall be no other signs, including LED or neon signs or neon accents, installed on any wall area of the exterior of the building, windows, and / or doors. 4. The use of L.E.D. shall be prohibited from any portion of a freestanding sign that advertises specifically for the tattoo studio. 5. The actual tattooing or piercing operation on a customer shall not be visible from any public right-of- way adjacent to the establishment. 6. The hours of operation shall be 10:00 A.M. to 10.•00 P.M., seven days a week. 7. No one under the age of ighteen (18) shall be permitted to receive a tattoo at this facility under any circumstances. April 12, 2011 -62 - Item K S. PLANNING ITEM # 60807 (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 Twelfth day of April, Two Thousand Eleven Voting: 10-1 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Rita Sweet Bellitto Council Members Absent: None April 12, 2011 -63 - Item K.6 PLANNING ITEM # 60808 Upon motion by Vice Mayor Jones, seconded by Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance upon Application of BUDDHIST EDUCATION CENTER OF AMERICAN DONG HUNG TEMPLE. INC. for a Conditional Use Permit re a religious use at 423 Davis Street (#GPIN 1467493165) (DISTRICT 2-KEMPSVILLE) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of BUDDHIST EDUCATION CENTER OF AMERICAN DONG HUNG TEMPLE. INC. for a Conditional Use Permit re a religious use at 423 Davis Street (#GPIN 1467493165) (DISTRICT 2-KEMPSVILLE) RO41137468 The following conditions shall be required: 1. Obtain all necessary alteration permits and a Certificate of Occupancy for the change of use from the Department of Planning Permits and Inspections Division and the Fire Department before occupancy and the use of the existing building for religious facility. 2. With Phase II, curb and gutter may be required. 3. Submit a Site Plan to the Department of Planning Development Services Center for the development of the required parking, stormwater management and landscaping improvements to this site. 4. All statues shall meet the required front yard, rear yard and side yard setbacks. S. Submit a Photometric Plan for review and approval. This Ordinance shall be effective in accordance with Section 107 (� of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twelfth day of April, Two Thousand Eleven April 12, 2011 -64 - Item K.6 PLANNING ITEM # 60808 (Continued) Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Iilffom- April 12, 2011 -65 - Item K 7 PLANNING ITEM # 60809 Upon motion by Vice Mayor Jones, seconded by Lady Wilson, City Council DEFERRED, BY CONSENT, to April 26, 2011, Ordinance upon Application of CRAB POT SEAFOOD TIA WICKERS CRAB POT/RAY D. JR. and MICHELLE R. WICKER for a Conditional Use Permit re a home occupation at 3537 Byrn Brae Drive (GPIN 1447903402) on the Elizabeth River (DISTRICT 2 - KF.MPSVILLE) Voting: 11-0 (By Consent) Council Members Voting Aye.- Rita ye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 12, 2011 Item K.8 PLANNING ITEM # 608I0 Upon motion by Vice Mayor Jones, seconded by Lady Wilson, City Council ALLOWED WITHDRAWAL, BY CONSENT, re Ordinance upon Application of ROBERT L. NELSON and BARBARA N. GRAY TIA WEST LANDING MARINE for a Modification of Conditional Use Permit (Condition No. S re launching personal watercraft) at 2748 West Landing Road. (GPIN #14926260072) (DISTRICT 7 - PRINCESS ANNE) Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 12, 2011 -67 - Item 67 - Item K.9. PLANNING ITEM # 60811 Upon motion by Vice Mayor Jones, seconded by Lady Wilson, City Council DEFERRED INDEFINITELY, BY CONSENT, Ordinance upon Application of CITY OF VIRGINIA BEACH RESORT MANAGEMENT OFFICE for a Conditional Use Permit re a commercial parking lot at 319 18'fi Street (GPIN #2427170516) (DISTRICT 6 —BEACH) Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 12, 2011 Item L.1 APPOINTMENTS ITEM # 60812 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENT.• ENERGYADVISORY COMMISSION April 12, 2011 Item L.2 APPOINTMENTS ITEM # 60813 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: M. Charles Schroeder (Family) Unexpired Thru 12/31/11 COMMUNITY SER VICES BOARD Voting: 11-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 12, 2011 - 70- Item 0- Item L.2 APPOINTMENTS ITEM # 60814 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Donald H. Horsley No Term ENVISION VIRGINIA BEACH 2040 COMMITTEE Voting: 11-0 (By Consent) Council Members Voting Aye.- Rita ye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.- None ay:None Council Members Absent: None April 12, 2011 -71 - Item L.3 APPOINTMENTS ITEM # 60815 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: E. Ray Cox, Sr. 3 -Year Term 4/1/11— 3/31/14 HUMAN RIGHTS COMMISSION Voting: 11-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: IJI7f� April 12, 2011 Items O. ADJOURNMENT -72 - Items 72 - ITEM # 60816 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:11 P.M. Z). �/�/� Beverly . Hooks, CMC Chief Deputy City Clerk uth Hodges raser, MMC City Clerk City of Virginia Beach Virginia 4 ------------- -.. William D. Sessoms, Jr. Mayor OPEN DL4LOGUEADJOURNED AT 6:48 P.M. April 12, 2011 -73 - PUBLIC DIALOGUE WHITEHURST BUFFINGTON HOUSE FOUNDATION Joe Keiper, Director — Virginia Museum of National History, 21 Starling Avenue, Martinsville, Virginia, Phone: (216) 904-9824, spoke re a partnership desired with the Whitehurst Buffington House Foundation, the historic house adjacent to some 200 acres of woodland near City Hall. The Virginia Museum of Natural History would like to partner with the Foundation to create Environmental Education Programs, in which students and teachers could be engaged by further educating them in the ways of Virginia Standards of Learning. Brian Winfield, 3954 Ocean Hills Court, Phone: 486-4934, represented the Boy Scout Tidewater Council of about 10, 000 youths as well as 4, 000 Volunteers. This would be an outstanding opportunity within the historic surroundings and findings for Boy Scouts of America youth to earn their badges by assisting. Phyllis Sawyer, President — Whitehurst Buffington House Foundation, and resident of the Princess Anne Historic District, 2737 Princess Anne Road, Phone: 427-1151. The House was prioritized in an Open Meeting and its future studied by a special committee. An ITA (Interfaculty Traffic Area) study was undertaken by the City. The Historical and Cultural value of the House were recognized in the report. Greater public awareness has been created for this house and its history which spans three (3) centuries. Application has been made and is well underway for the placement for the Whitehurst Buffington House on the Commonwealth Historic Registry. MAPLE STREET DREDGING PROJECT Mike Megge, 2036 Hackberry Road, Phone: 435-5201, spoke re the SSD Neighborhood Dredging Project and the proposed five (5) dredge transfer sites located throughout the City. There has been a large impact on the five (5) sites, resulting from taking all the spoils from a fairly large area to one site. Robin Hood Forrest is the pilot program and made the requirement if the dredging is accomplished in this neighborhood, to have it trucked out through that neighborhood, which would limit the amount of disruption for the transfer proposed areas, as all the dredge material would be taken to one site. In particular, the site on Long Creek is in a residential zoned neighborhood with a very tight channel which has been used for the hydraulic dredging by the U.S. Army Corps of Engineers twenty (20) plus years. However, this is a limited time, once every three (3) to seven (7) years. It is not a continuous project with trucks coming and barges leaving the site. Dave Williams, 2104 West Admiral Drive, Phone: 481-1668, stated many neighbors have attended various civic association meetings. Many were in opposition to this project. Their concerns are in particular safety re barges, work boats, dump trucks. Who will monitor and supervise that evolution. The numbers indicated just for Robin Hood Forest alone is 12,500 cubic yards which equates to 1,250 dump trucks. We were told they will be using much more efficient transportation dump trucks (20 cubic yards). A 20 cubic yard dump truck weighs 80, 000 pounds and is not suitable for a residential road. Robert Lawlor, 2032 Long Creek Road, Phone; 428-2950, resident of Bay Island, also spoke re the Marina Shore project. In November 2010, a joint application was made by Marina Shores and Gail Levine to extend her commercial Marina to add 48-50 boat slips on a parcel of land located on Long Creek Canal. The City has filed independently for the transfer site. In 1987, the Levines and the City had an agreement, a large parcel of this property was proffered by the Levines to the City to be P-1 and remain so permanently. April 12, 2011 - 74 - PUBLIC DIALOGUE (Continued) VOTING SYSTEM — REDISTRICTING Andrew R. Jackson, Chair — Virginia Beach African American Leadership Forum, 153 Upperville Road, Phone: 490-9190, distributed a Position/Proposal paper entitled "Truth: The First Casualty of Racial Disenfranchisement': It is being proposed that the City institute a "true" system for voting to elect City Council. It is believed that with the current diversity of our City, a "refinement" of the present voting system would have the advantage of members representing the whole city with responsiveness to all citizens. Mr. Jackson requested a meeting with the Mayor and representatives of the Virginia Beach Concerned Citizens, the Virginia Beach African American Political Action Council, the Virginia Beach African American Leadership Forum, representative of the office of the City Attorney, and the City Council Liaisons (Vice Mayor Louis R. Jones and Glenn R. Davis) re Redistricting — US CENSUS 2010) to work together relative a voting system that will resolve the issue of representation. Tanya Bullock, 2620 Nestlebrook Trial, Phone: 301-2087, concurred with the recommendation of the proposed meeting by Andrew R. Jackson Carl Wright, Vice President — Virginia Beach NAACP, 1144 Mondrian Loop, Phone: 468-3824, concurred with the recommendation of Andrew R. Jackson re Redistricting. It is time to take a serious examination of the system. Venus Marshall, 5354 Leicester Court, Phone: 490-2352, concurred with Andrew Jackson relative a voting system that will resolve the issue of representation. Georgia F Allen, 4946 Merrimac Lane, Phone: 439-3390, concurred with Andrew Jackson relative a voting system that will resolve the issue of representation. SHOOTING AT LAKE EDWARD Audrey Newby, 1213 Gunsmith, Phone: 202-8306, spoke re Charleston Newby being shot in Lake Edward by the Police. She has not received sufficient responses from the Police. Kimberly Newby, 410 Kingsley Lane, Phone: 305-5787, Sister of the deceased, Charleston Newby. He was killed in Lake Edward by the Police Department. Since February 20, 2011, no one has responded. The family is just requesting information. John Wesley Hill, 2906 Mapelton Avenue, Norfolk, Virginia 23504, a former Police Investigator, speaking on behalf of the families (Newby and Hudson) re the shootings. He did receive a response from the City Manager. He also received a response the other day on behalf of the deceased's wife, Alicia Newby. He requested the vehicle be released. The Mayor referred this matter to the City Manager for further review and a report back to City Council as soon as possible. April 12, 2011 Virginia Beach Coalition of Citizens POSITION / PROPOSAL Truth: The First Casualty of Racial Disenfranchisement Andrew Jackson Virginia Beach Community Advisor/Advocate Chair, Virginia Beach Afirican American Leadership Forum April 12, 2011 Respectfully Submitted, , 6duo R faz&w, Chair Virginia beach Aliictan American Leadership Forum Introduction There are many ways representatives can be chosen: members of rich and powerful families, military leaders, etc. What is known is that making decisions in large groups is very difficult. Making decisions in small groups is easier and therefore people prefer to delegate some decisions. The underlying principle of democracy is that decisions that affect the people should largely accord with the will of the people. One way to improve the prospects of this is for representatives to be elected. The basis of representative democracy is that the collective views of the representatives reflect the collective views of [all] the people. Therein lies the importance of representation that is proportional to the electorate. The idea of representation that is proportional is simply a more precise statement of this ideal: the proportion of representatives that hold a particular view should be roughly the same as the proportion of the people that hold that view. Many systems that look democratic on the surface, do not result in fair representation. Voting alone is not sufficient. As well as voting, there is a need for a good electoral system. There is consensus by many, Virginia Beach citizens and others from around the area, that Virginia Beach with its combined At -large and "At -large" District system is the worst of the worst for it's citizenry and in particular for minority representation. Proposal The goal of this proposal is to promote an honest, fair, inclusive and understandable election system. The basis for the proposal is The Voting Rights Act of 1965 in general and Reynolds v. Sims (1964) ensuring that voting includes all action necessary to make a vote effective, and White v. Regester (1973) showing that multi -member districts are unconstitutional if they are shown to dilute minority votes. It is therefore being proposed that the City of Virginia Beach institute a "true" system for voting to elect City Council. It is believed that with the current diversity of our city, a "refinement" of the present voting system would have the advantage of members representing the whole city and responsiveness to all citizens. Also, voters can choose their representative and there would be no resultant political battles over how to draw or redraw district lines. As noted, the Voting Rights Act [generally] requires that when a district can be drawn that would have 51% or more of persons age 18 and above being minorities then such a district [MUST] be drawn. That is an issue we have already taken to the state legislature and now entered into the record. It is also on the drawing board for a local alternative which we would be open to discuss if we cannot find common ground on this proposal. Summatinn As stated earlier, Virginia Reach has a system that is, in the view of most minorities, the worst of the worst. This "near -hybrid" system is seen m a method to disenfranchise minority citizens and deprive the citizens of Virginia Beach the inclusion that would enhance the governance of the city. The current "near -hybrid" voting system of Virginia Beach cannot achieve effective representation of it's citizenry overall. The current city population of minorities is in excess of a third of the overall citizenry, yet there is no one on the present council that can [effectively] represent the concerns of this section of the community. Without adequate representation, equality in our community cannot be achieved and taxation without true representation will continue. Nearly 46 years after the passing of the Voting Rights Act, the quest for equality still goes unfulfilled and things such as the current Virginia Beach "near -hybrid" voting system still impedes equal representation. The goal is simple: • A true/honest voting system • Equal representation/inclusion • Citizen's overall political participation • Effective representation for all citizens The right to vote has proven to be difficult to achieve for all races and genders throughout history but what we know and expect is the right of every citizen to have and receive equal .representation with someone "at the table" representing their views. The disenfranchisement of more than 100 thousand citizens is not acceptable and will no longer be tolerated. It is with the above in mind, this writing proposes that person(s) representing Virginia Beach Concerned Citizens, the Virginia Beach African American Political Action Council, and the Virginia Beach African American Leadership Fonnn, for the good of the city in general, ask for a meeting with a representative of the office of the City Attorney, the City Council's designated liaison, Councilman John Urhin and Councilman Glen Davis to sit together and work toward a voting system that will resolve the issue of representation.