HomeMy WebLinkAboutFEBRUARY 14, 2012 MINUTESCITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR WILLIAM D. SESSOMS, JR., At-Large
VICE MAYOR LOUIS R. JONES, Bayside -District 4
GLENN R. DAMS, Rore Hall -District 3
WILLIAM R. DeSTI:PH, At-/.urge
HARRY E. DIF.ZEI:, Kempsvtlle - Uistrict 1
ROBERT M DYER, Centerville -District 1
BARBARA M HENLEY, Princess Anne -District 7
JOHN D.MOSS, Ar-Large
JOHN E. UHRIN, Beach -District 6
ROSEMARY WILSON, At-Large
JAMES L. WOOD, /,ynnhaven -District 5
CITY COUNCIL APPOINTEES
CITY MANAGER -- JAMES K. SPORE
CITY ATTORNEY MARK D. STILES
CITY ASSESSOR -- JERALD D. BANAGAN
CITY AUDITOR - LYNDON S REM/AS
CITY CL ERK -RUTH HODGES ERASER, MMC
CITY COUNCIL AGENDA
14 February 2012
C/TYHALL BUILD/NG
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9005
PHONE: (757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycncl@vbgov.com
I. CITY MANAGER'S BREIFINGS -Conference Room - 2:00 PM
A. STORM WATER WORK PLAN
Dave Hansen, Deputy City Manager
B. CHESAPEAKE BAY TMDL
Dave Hansen, Deputy City Manager
C. SAND REPLENISHMENT
Dave Hansen, Deputy City Manager
II. CITY COUNCIL LIAISON REPORTS
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
3:30 PM
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION -City Council Chamber - 6:00 PM
A. CALL TO ORDER -Mayor William D. Sessoms, Jr.
B. INVOCATION: Reverend William Dyson
Bishop, Retired
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL and FORMAL SESSIONS
G. FORMAL SESSION AGENDA
H. MAYOR'S PRESENTATION:
1. Resolution in Recognition
I. PUBLIC HEARINGS
1. EXCESS CITY PROPERTY
231 N. Oceana Boulevard
4. LEASE OF CITY-OWNED PROPERTY -Overflow parking
4th Street and Atlantic Avenue
J. CONSENT AGENDA
K. ORDINANCE S/RESOLUTIONS
January 24, 2012
1. Ordinance to AMEND §2-451 of the City Code re Community Medical Advisory Commission
2. Ordinance to DECLARE 231 N. Oceana Boulevard as EXCESS and AUTHORIZE conveyance
to William R. and Jill S. Gurley
3. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease of City-owned property with
Ocean Water, LLC at 4th Street and Atlantic Avenue
4. Ordinance to AUTHORIZE a Memorandum of Agreement with the U.S. Department of the Army
re Sandbridge beach replenishment
5. Ordinance to EXTEND the date for satisfying conditions re the Breathwaite Place closure of a
portion of Newtown Road at Rock Creek Lane (DISTRICT 2 - KEMPSVILLE)
6. Resolution to AUTHORIZE the City Manager to EXECUTE documents on behalf of the City to
petition the Commonwealth Transportation Board to TRANSFER property remaining from the
completed VDOT construction of a portion Northampton Boulevard to the City
7. Resolution to REQUEST the Virginia Beach Development Authority (VBDA) terminate the
existing PPEA process for development of a Headquarters Hotel
8. Resolution to give DIRECTION to the City Manager re FY2012-2013 Budget
9. Ordinance to ACCEPT and APPROPRIATE a 2007 Port Security Grant of $13,125 to the Police
re terrorism deterrents
10. Ordinance to TRANSFER funds within the FY2011-12 School Operating Budget
a. $2,108,000 from Instruction to Technology
b. $275,000 from Administration, Attendance, and Health to Transportation
c. $225,000 from Operations and Maintenance to Transportation
d. $38,835 from Administration, Attendance, and Health to Transportation
L. PLANNING
1. Applications of YMCA OF SOUTH HAMPTON ROADS re a recreational facility to include an
indoor/outdoor pool (approved May 27, 2008) at Princess Anne Road and Dam Neck Road:
(DISTRICT 7 -PRINCESS ANNE)
a. Modification of all Proffers of a Conditional Rezoning
b. Modification of the Conditional Use Permit
RECOMMENDATION
APPROVAL
2. Application of ASHVILLE PARK, LLC/ATC REALTY SIXTEEN, INC for Modification of
Proffers Nos. 11 18 19 and 30 of a Conditional Rezoning (approved May 10, 2005) at Princess
Anne Road, Village B, Ashville Park (DISTRICT 7 -PRINCESS ANNE)
RECOMMENDATION APPROVAL
3. Application of GREYHOUND LINES, INC. for a Conditional Use Permit re a passenger
transportation terminal at 971 Virginia Beach Boulevard (DISTRICT 6 -BEACH)
DEFERRED APRIL 12, MAY 10, AUGUST 9, 2011
RECOMMENDATION
APPROVAL
4. Application of KEITH P. and CHERI N. CARL for a Variance to §4.4(b) of the Subdivision
Ordinance that all newly created lots meet the requirements of the City Zoning Ordinance (CZO)
at 4824 Bradford Lane (DISTRICT 4 - BAYSIDE)
RECOMMENDATION
APPROVAL
5. Application of CITY OF VIRGINIA BEACH to AMEND the Comprehensive Plan to include
the Interfacility Traffic Area and Vicinity as a Strategic Economic Growth Area
M. APPOINTMENTS
BOARD OF BUILDING CODE APPEALS
COMMUNITY SERVICES BOARD
HEALTH SERVICES ADVISORY BOARD
MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE
PARKS and RECREATION COMMISSION
PERSONNEL BOARD
PLANNING COMMISSION
SOCIAL SERVICES BOARD
N. UNFINISHED BUSINESS
O. NEW BUSINESS
P. ADJOURNMENT
PUBLIC COMMENT
Non-Agenda Items
Each Speaker will be allowed 3 minutes
and each subject is limited to 3 Speakers
2012 C/TYHOLIDAYS
Monday, May 28
Wednesday, July 4
Monday, September 3
Monday, November 12
Thursday, November 22
Friday, November 23
Monday, December 24
Tuesday, December 25
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve (half-day)
Christmas Day
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
-1-
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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
February 14, 2012
Mayor William D. Sessoms, Jr., called to order the CITYMANAGER'S BRIEFINGS, re STORM
WATER WORKPLAN in the City Council Conference Room at 2:00 P.M.
Council Members Present:
Glenn R. Davis, William R. "Bill " DeSteph, Har
M. Dyer, Barbara M. Henley, Vice Mayor Louis
Moss, Mayor William D. Sessoms, Jr., John E.
Wilson and James L. Wood.
Council Members Absent:
None
ry E. Diezel, Robert
R. Jones, John D.
Uhrin, Rosemary
February 14, 2012
-2-
CITYMANAGER'S BRIEFING
STORM WATER WORKPLAN
2: 00 P.M.
ITEM #61601
City Manager, James Spore introduced Phil Davenport, Acting Director, Public Works. Mr. Davenport
advised that storm water was the number one (1) complaint from citizens about a year ago and that
Public Works was not adequately funded to deal with the volume or extent of the complaints.
The slide below gives an overview of the briefing.
~,~;.
`i
...
Information Briefing...
Overview
• Storm Water Management Functional
Components
• Storm Water Utility Funding.
• Flood Control Funding
• Water Quality Funding
• Operations and Maintenance Funding
.-
• Chesapeake Bay TMDL Update z
February 14, 2012
-3-
CITYMANAGER'S BRIEFING
STORM WATER WORK PLAN
ITEM #61601(Continued)
The program consists of three (3) major components: flood control, water quality and operations &
maintenance. Flood Control is one of the biggest projects. Water Quality is an area continuing to evolve
with more expenses and regulations. Operations & Maintenance is a sustainability function ensuring
systems are functioning at the optimal design level.
~.
``~~~ ~~ Storm Water Management
Functional Components
• Flood Control
• Water Quality
• Operations & Maintenance
3
The slide below provides the funding approved by City Council last year.
~~~ ~ )~t
d Storm Water Fee per ERU
-
ERU -
SWU
Daily Daily ii
'Annual Ratel Generated
Increase ~ Rate ~ Annually
I
FY 11
~
$0.241 '
j $87.96 i
i 521,058,267
FY 12 75¢ 50.316 $115.34 i 327,611,704 i
i
FY 13 5¢ ~
i $0.366 I $133.59 $31,980,644 ',
~- FY 14 5¢ i 50.416 ~ $151.84. 536,349,585
ERU = -the impervious area of a residence
FY 11 No of ERU's = 239,394
J
February 14, 2012
-4-
CITYMANAGER'S BRIEFING
STORM WATER WORK PLAN
ITEM #6I601(Conti~zued)
The slide below identifies specifics as to where the fimds will be used. The top three (3) projects are flood
control projects.
ProjectlProgram cwr aw~..e Fr,z FY13 cvra xptn ~ .4
North Lake Holly (ciP 7-oos) Si7nn 53.zzm .s¢ Ba.mre. FVttam/Bemxmoed
South Lake Holly (cIP 7-ois) Su.7nn Sassnn .a¢ Ba:,ereaF.LLa,droaBtxre~ad
Cape Henry Beach Drainage SsoM $6.aM i.o¢ i.s¢ Beamre, Frnt~rt~paax~aiad
(CIP 7-151)
Stand-up Off-Road Ditch Crew 53.7M $.85M .a¢ •a¢ kw.erao auw~sn..im.werkeor
Stand-up Pipe Structure Crew 53nn S.snn .a¢ ~n ~~R R~~ ^rea1e4 fvr
Lake Management (ciP 7-~sz) $84M 53.25M 2.0¢ 1.OQ 1.0¢ BasknaFYlEau[/mlBak:a LOOyear
k
(pondAake/canal dredging) nre Cyr
a~e~.maddre:suaraaa.ke,FnoL
Neighborhood Infrastructure 537nn Szzsnn iss¢ 1.35 ~Frc`z~ kmro.k..agBr<,.
3ss¢ ~'
Rehabilitation (CIP 7-ooa) ~
ar
aartm Bex xmae
Stormwater Enhancements SaM $657K .35¢ .55¢ .95¢ preve~rcs Frlx cuf
Beginsto address Chesapeake 1M~L
SUb-ba51n fetrOfltS (CIP 7-183)
Stormwater Pump Maintenance $3.oM $$OOK 30¢ -z¢ peplxep m.irrcea.ace, Bepeo- end
rognm
& Repair (swu-oe)
Beach Erosion Control & e
Si.aM
$2$OK
.2¢
Inltiateia MONmdng, MaiMenareeei
Hurricane Protection (swu-oa) Beprrprpgrere
5
TOTAL 7.5¢ 5¢ 5¢
Tx~o-thirds of the funds go into operations & maintenance to address sustainability.
.~..,
n~,.
Functional
Distribution
_..
); ,,,::
s
FY12 FY13 FY14 Total
Flood Control 1.3¢ 1.0¢ 1.5¢ 3.8¢
Water Quality .35¢ ,55¢ , .9.5¢.. 1.85¢
.,---
Operations &
Maintenance 5.85¢ 3.45¢ 2.55¢ ~~ 11.85
Total 7.5¢ 5.0¢ 5.0¢ 17.5¢
February 14, 2012
-5-
CITYMANAGER'S BRIEFING
STORM WATER WORKPLAN
ITEM#61601(Contiuued)
,,,~. _;
Functional
Distribution.
What Did This Do For You?
• Reestablish Critical Flood Control Projects
• Contributes to addressing TMDLs
• Viable Ditch Management, BMP
Management, Neighborhood Revitalization
Program
8
FY12 FY13 FY14
flood Control 1.15M 204M 3.36M
Water Quality 0.31 M 0.80M 1.64M
Operations &
Maintenance 5.18M 8.23M 10.49M
Total 6.64M 11.07M 15.49M
February 14, 2012
-6-
CITYMANAGER'S BRIEFING
STORM WATER WORK PLAN
ITEM #61601(Continued)
Mr. Davenport introduced John Fowler, City Engineer, to discuss Flood Control.
t ~ ~.
Flaad Gontral
CIP
9 '..,,., '.,,,...
The Flood Control projects in the CIP are managed by the City Engineer's Office.
February 14, 2012
-7-
CITY MANAGER'S BRIEFING
STORM WATER WORK PLAN
ITEM #61601(Continued)
The funding has allowed two partially funded projects -North Lake Holly and South Lake Holly to be
fully funded. Work on the Cape Henry Beach Drainage is scheduled to begin in Fiscal year 2013.
+~ Y:i
~~~~~~ Flood Control CIP Projects
With FY12 - FY17 Funding
Number rtle
]04o aagore W~,>B - mtetlm
]038 Baker ROatl CUlvertB Dik:h lmprovemenle
]451' Cape NerryBeach Dmrre9a (Par9a0
]035 Lavaon FOrestDmirege
]938 Level Graen~lntenm
Naighborhoo8 Storm W afar InfrasVUCmra
]083 Improverrenh
]005: Norm Lake. NOty waterenad
]409 Shore Dnve Drairege Prekminary D<sign
]gib: scum lake Fbty WatereteC
]o3e ino,oagngom Daire9e-mmrim
FV 12 FY h3. fY 14 FV 16 FV 18 FYt]
FuM FuM FuM Furtl fud Funtl
225.000 425,000
180,000
885.000 2,112,500 2,LYL,500 '1272500 .1,885,586
45o.goo
225.000 450.000
50.000 50,000 50,000 50000 58.088 50.000
3¢zg000 ' o '. 4.. .300.000 o 0
320,000
4,988.000
zoo 00o ]]5,000 500.000
ns o0o zog o00 20p.000 0 0
9,400.000 1.885.000 2.982,500 3,212,500 3,145.588 3,145.580
~2
February 14, 2012
-8-
CITYMANAGER'S BRIEFING
STORM WATER WORK PLAN
ITEM#61601(Co~atinued)
The slide below identifies the scope for North and South Lake Holly projects:
_.~...
~ '.`
~`~ North and South Lake Holly
Scope Includes
• Storm Water Drainage Improvements
• Storm Water Quality Improvements
• Shoreline Stabilization
• Sanitary Sewer Improvements
• Water Main Improvements
• Sidewalk Improvements
• Street Improvements
13
This project is a neighborhood revitalization project and includes the following improvements:
r
,~ ~ - North Lake Holly
u Watershed Improvements
220-acre Lakewood neighborhood
• 12,000 L.F. new storm drain pipe
• Triple 5' X 5' box culvert across Norfolk Ave
• 2 water quality basins at north end of lake
• 3,800 L.F. shoreline improvement
• 4,000 L.F. new sanitary sewer pipe
• 3,300 L.F. new shared-use path along Cypress Ave & 16"' St
• 13,500 L.F. street improvements
1a
February 14, 2012
-9-
CITYMANAGER'S BRIEFING
STORM WATER WORK PLAN
ITEM#61601 (Continued)
Work is conducted in one part of the neighborhood at a time. This project is $17.1-Million and will be
constructed in six (t5) phases to reduce the neighborhood impact during construction. The next phase,
Section II, is scheduled to be advertised March 2012 and is scheduled to take approximately two (2) years
to complete.
~~~ f.~
7-005 North Lake Holly
Legend
Completed
111111, Seetion I•A E 1.43 M
- Section I-B S 2.47 M
Programmed
Section II E5.29M
Consl. 3/2012 312014
Section IV E2.08 M
Conat 1112 01 3-1 2 /2 01 4
'Section I-C E2.01 M
~°° Cor,sl. 1112 01 4-1 2 /2 01 6
Newly Funded
: Section III S 3.79 M
Consl. 1112 0 1 4-1 2/2 01 6
.i.~ .,7R. - -,.;--
~~t ~y_ ,2 4
t '~ +,.,~' ~y ~~ ~ ~: ~ ~
G1~
This project is a neighborhood revitalization project and includes the following improvements:
!f 4 •,
~`"~_~_` ~ SOUTH LAKE HOLLY WATERSHED
N PROJECT SUMMARY
Improvements for the 200 acre drainage area include:
• 16,100 L.F. of storm drain pipe
• 10 Underground Sediment Removal Chambers
• 3,000 L.F. of water mains
• 11,900 L.F. of sanitary sewer rehabilitation & replacement
• 6,500 L.F. of sidewalks along Carolina and Mediterranean
Avenues connecting South Lake Holly to the oceanfront
• 17,500 L.F. of street improvements
1s
15
February 14, 2012
-10-
CITYMANAGER'S BRIEFING
STORM WATER WORK PLAN
ITEM#61601 (Continued)
South Holly Lake project is being completed in four (4) manageable phases. The overall project cost is
$12.7-Million. The first phase of construction for this project was awarded for construction in September
2011 and is scheduled to take approximately two (2) years to complete.
~...
``-~-~' 7-016 South Lake Holly
Legend
Programmed
Section III 52.3 M
Consl. 912011 •812013
Section II E3.91 M
Consl. 912013- 812015
S~1i7m1 71' ~'i7-G ~~~ _, .. -,.
S t•cliuu I
Section I So.SO M
canal. wzols ~reo1e
Newly Funded
Section IV Es.9a M
Consl. 812015 -712017
17
The third project impacted by the FY2011 reduction was Cape Henry Beach Drainage. Similar to the
Oceanfront, this area was originally developed without an adequate drainage system. Modern infill has
overwhelmed the limited system that does exist. This entire stretch of Shore Drive is subjected to
repetitive street flooding and there have been numerous instances of structural flooding.
Just as we tackled the oceanfront, we see the solution to this flooding issue as a series of new collection
systems, pump stations and `ocean', or in this case `bay', outfalls -the area is so relatively low lying in
relation to the tidal waters where the discharge occurs. In this case, because of interaction with flood
tides, a series of tide gates will likely be necessary. The estimated total costs range from $30-Million to
$50-Million.
7-151 Cape Henry Beach Drainage
• Initial Funding Amount$10.6M
• Funding for Master Plan, Design, & Partial Construction
• Improvements Will Be Phased
~' ~ "
~Ndr{~~
~' CHESAPEAKE BAY
1 a `, ,.,~, V^ibiG
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( SCfi101ttII`~ r 1~~
February 14, 2012
-11-
CITYMANAGER'S BRIEFING
STORM WATER WORK PLAN
ITEM#61601 (Continued)
_, -
'~_. 4 .I
.~,~
Wlzen it rains, much of the water does not soak into the ground, but instead "runs-off" rooftops, lawns,
parking lots, roads and other surface areas into the gutters, streets, pipes, swales, ditches and other
manmade and natural components of the storm water management system. The storm water system then,
in turn, conveys the storm water to our rivers, bay and ocean.
February 14, 2012
-12-
CITYMANAGER'S BRIEFING
STORM WATER WORK PLAN
ITEM#61601 (Continued)
There are currently six (6) Water Quality projects in the CIP. The projects primarily exist for two (2)
main reasons: regulatory compliance and environmental goals of the City.
''~ ~ Water Quality CIP Projects
Within. FY12 - FY'17 Funding
FV 12 FY 13 FY 16 FV 15 FY 18 FV ti
Number Title Fund FuM Fmq FunC Furl Furl
]606 El'~betS River TMDL lmplerrentation Plan 200000 200,000 200.000 200,000 200.000 200.000
]153 lynnnaven Waterslretl Restoration 300.000 300,000 300000 306,500 309,OBR 30fl,068
]610 SoulSern River TMDL tirglemenlation Plan 200000 200,000 200,000 200,000 200.000 200,000
]103 Starm WaterQUabry Enharwemenb 1 644,328 2.tfl1,0]0 2]64 A2R 244U,32R 2,552,P46 2,552,846
]02] SWM Master Planniiq. Malyeie,aM lnvenlory 150000 150,OD0 150,D00 150.000 150.000 150,000
]150 WeferOUaNry Participation Projects 100000 100000 100000 100 D00 _100000 100000
To[al= 2044,320 3,131,0]0 3,094.020 3,444.020 3,511.]62 3511.]62
2~
~ ~ } ..
N `' 7-183 Storm Water Quality Enhancements
II Sub-Basin Retrofits
• Three Steps
• Determine suitable improvements
• Design improvements
• Construct improvements
• Typical Improvements
• Waterquality ponds
• Bank stabilization
• No discharge zones
These efforts support water quality measures in
watersheds throughout the City. 22
February 14, 2012
-13-
CITYMANAGER'S BRIEFING
STORM WATER WORK PLAN
ITEM#61601(Co~ztinued)
,.. ; ;...
'~ -_~:,~~-183 Storm Water Quality Enhancements
V` ~~~ Sub-Basin Retrofits
Comprehensive Stormwater quality Improvement Program, CIP 7-183
fl09-10 F\'13-13
fl10-11 <~15 sY 15-16 FY ]6-1)
v
1rLIN
ws 3oa-s e k _
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w k~sn~a: s~~ev
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W501: Oesipi ~.r •n ce, v. ortirs,a
Waters~~.:..
iCe 5
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E~IirebeM Plrer
23
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February 14, 2012
-14-
CITYMANAGER'S BRIEFING
STORM WATER WORKPLAN
ITEM#61601 (Continued)
Mark Johnson advised he will discuss the Operations and Maintenance component.
~,~ ~ ~ ~~~
Storm Water
Operations and Maintenance
• Actual Fee Increase and Distribution
throughout Program Years
• Execution Plan
- In House Crew Augmentation
• Off ROad ~ItC 1105 (Sheriffs work force integration)
Cave In Repairs
-Annual Maintenance CiP
• Neighborhood Infrastructure Rehabilatation
Lake BMP Management
• Oceanfront Stormwater Facility Maintenance
• Pump Station Maintenance 2s
Pro'ecUPr ram
Cost F""a'"0
Rsqulree
FY13 FYtI FY1a lm[aa
North Lake Holly (aP 7-oos) $17M $3.zzM .s¢ R.smres FrnrH /oeetserckea
South Lake Holly (cIP ~-o1e) $12.7M $4.98M .8¢ aeroR:vrtacM /IxEtxmrce
e Henry Beach Drainage
Ca $60M $6.9M 1.0¢ 1.5¢ RerrorcsnsscM/DCMxmxe
p
(CIP 7-151)
Stand-up Off-Road Ditch Crew $1.7M
Stand-up Pipe Structure Crew $3M
(ca"e-m>
Lake Management7(clPp-1sz) $84M
(pondAake/canal dredging)
Neighborhood Infrastructure $37^^
Rehabilitation (cIP 7-ooa)
Stormwater Enhancements SBM
Sub-basin retrofits (ciP ~-1ea)
Stormwater Pump Maintenance $3.oM
& Repair (swu-o9>
Oceanfront Storm Water $1sM
Facilities Maintenance (swu-o9)
TOTAL
O & M Totals
$.B6M .9¢ .9¢ mcreu.arrpen.erocgam r.""um
..e.w.nacr.wwgn anergraworaerce
$.BM 9¢ sregomemcrottnregriesss for
a,rrreawcmre rcsmogon
$3.26M 2.0¢ 1.0¢ 1.0¢ re: Frtz cart/Imam:a toot'.er
MaNaeruru qck
gea+rsm.ealex<aeMF.axetatlx
$7.26M 1.55¢ 1.35 1.6s¢ p m/Inltkm+"e°year
aNlMenana qrk
panty DeM Semrca..
$667K .36¢ .s6¢ .96¢ RreveM: rnzcM
aeginsto aatlrcss CM1esapeekelMDL
$SOOK .30¢ .2¢ IMtmteaa MelMeomrce, Repair ana
ReplKe Pmgran
$260K .2¢ IRIfIMesa MOMlpling,MNMenance antl
Repair program
7.5~ 5~ 5~ 26
5.85¢ 4¢ 3.5¢
$5.18M $3.54M $3.1M
February 14, 2012
-15-
CITYMANAGER'S BRIEFING
STORM WATER WORK PLAN
ITEM#61601 (Continued)
Public Works has augmented in-house crews this past year and will add one more in FY2013. One of the
crews will be working on the weekends to make efficient use of the relationship with the Sher~'s Work
Fo/-ce. We average seven (7) to nine (9) inmates Friday thru Monday, weekly, to perform ditch
maintenance activities throughout the City.
,,~.'~ In House Crew Augmentation
Acquired New Eguiament:
• Hydraulic Excavator
• 2 Tandem Dump Trucks
• Single Axle Dump Truck
• 2 Crew Cab Dump Trucks
• Backhoe/Trailer
• 2 Pickup Trucks
• Passenger Van
• Compressor
Hired 12 New FTEs:
• Two Maintenance Supervisors
• Establish Programs, Selecting Operators
• 10 Motor Equipment Operators
Initiated Sheriff's Workforce
• Seven weekend inmates per day
• Started September 10, 2011 weekend shiftwork in
the Southgate outfall system z7
The City has two hundred thirty seven (237) miles of off road ditches. Utilizing the Sher~'s Work Force
has allowed the City to create a less reactive Off Road Ditch Plan to one that is proactive.
~;~ In House Grew Augmentation
~~~ 4ff Raad D itches
FY12 Execution Capacity
• August-October •237 miles of off road ditches
inventoried
- Sheriff's Workforce & •FY 11 - 1 existing ditch crew &
Maintenance Supervisor contract support
•FY 12 - 1 additional crew
• Vegetative Snag and Drag •FY 13 - 1 additional crew
• HandClearing •Crewaverage-7 miles/year
•Crew average-10 miles/year
• Outfall Stabilization (Augmented with sheriffs work
• October force)
• Contract support- 7 miles/year
- Stand up full crew with Equipment .Goal -8 yearcycle
• Work Underway/Completed includes: About3o miles per year
- Southgate Ditch, Cape Henry, Baillio Ditch
2 crews over 2 yrs
- Cape Henry, Salem Canal FY 12-0.9¢
- FY 12 1s' & 2^d quarter ditches
FY 13 - 0.9 ¢ 2e
February 14, 2012
-16-
CITYMANAGER'S BRIEFING
STORM WATER WORKPLAN
ITEM#61601(Coutinued)
During the first two (2) years of the Plan, the backlog ditches were identified by citizen reports and
inspection. In FY2012, we are meeting this schedule currently, broken down by quarter and annotated on
the map.
OII-Bu:al
~ FY12 ®ff ~ `~' `~~
llil~ll flan I
Road Ditch I°
Plan -°~- ~------=~" . ,
tnl wnn.r am amner .~ ,.~ ~ _ _~ I
.,~ ,~~~ E~~n I ~°s 1. ...~
_.
°r
a ~ r":~ ,~. . r,
~E~, e,a~~~"~,.
' _~
znao~.nnr am annner ~ ~~
mT '., t„
~e,~a~ r ~ J„ -
~. ex..~, ~ '..' ', 29
,i. A bsN nom
The below slide provides each ditch in the plan by quarter and District.
. ~, FY12 Off Road Ditch Plan
Fy
Dit
h
LF Gwncil FY
Dltch Council
LF
12 c Dlbtrict tp Olstrlet
Sv 4V ~ns[on Salem Aw 3tn. _Baaah 2"" Ar,berly Raan A00f] hompsulle
1n Ro,mA Hill 4]0t Centar~,nlle 3° Ha,itage elementary 2850 Bayside
1° llptnn-me 9a 73 Przn-eG.Anne. i' Gcepna 1350 Beech
1" Ga t~rsLane 1:!JD P .. f.nnr J" Lal~Drook Dr., ti0(] beach
3" 4Yeaf Neol~IH 11D6 . Pricees Anr+e .i'" '. Ansol gene.. 2826 Rise hall.
~"` He Ic Bend 901 6ayside Rec iat.nD F
1' OW {Jw,al on. ~:+1'lD Lyn hhaea~ 3' Salem RUd0 W90 PIRrm$SAnnP..
1` Prcd ct~.Road 300 Bach "~" F ~~perity 1600 Beach
z Rmem ant Rom ~9a0 Rax Ttnll 5'. Mun~le Drtve 8x50 arlnee_a nnne
1`' Tat F est
~v 16':0 Oearn f'C tl ill=ann Paik 5?00 PrnCP55 Fnna
1". 7 ylvr Farms East 23BG' .. Bsach `N nstNtickll -12fl0 P ny.
aasuemn ..._ P a~unne - BndlePam pane i5ro P
~
Coa,tg Place 9i G' Pr xes.o a. Lest Neok~1 e
i9al Pnncess n~;
ve henry
Ca
~0 ~nha.en estNedl °26r. F
ine
Ba II c ~nJe +:1PD Lynnhaazr 3` SE:.rve Road _ 52]-0 Ar n~es.,Anne.
to Jan Biltlgc 710 6cach t1 I _ending 152x'
a Ge iPfaI BODIIi BIJO ';30 FIM s~Annd ~" Mane Rosd 2-P^2 Pr nce.a nr,nc
:eking Dn~e :230 Fose Ball n OrNe z1=~ ss Anne
9ylam Canatiles[ 21e0 _nf_rnlle 9'.. Lanjof Pram ss Zi1L Pn nArne
~' La d~t r,ud
rC 9aD Rose Hall d Old ~arolina Road
nn re
568n P
Cwiwrt m ae - e'.3C~. . P n~DC..!,r nn 4` 6leckwntei Road .92(1.'1 P ~s.A, ne
so
Total FY12 = 132,070 If
February 14, 2012
-17-
CITYMANAGER'S BRIEFING
STORM WATER WORK PLAN
ITEM#61601 (Continued)
The FY2013 Plan is broken down and identified in the same manner.
~~~ FY13 Qff Road Ditch Plan
~- ~ cp~aaa Diank:3 Dien lE cpuN.a DiamaR
- it Rail 1300 &1KIDE 600 PRINCESSANNE
C Nlder 4500 ttIDF SugaaMapk Or 500 NNE
BradbM 500 ttIDE imov 1200
a 3500 BAYSIDE NS Weaponz 8500 PRINCESSANNE
Sulliwn 2800 BAYSIDE Bark Dr 1300 WNCESSANNE
e 200D BAYSIDE Oltl Dam Neck Rd 20200 INCFSSANNE
Thunderbird 250 IYNNHAVfN HlghlaM Dr 2200 PWNCESSANNE
Kingz Granc Rd IYNNHAVEN nncesz Anne@Nimmo 1300 NCESS ANNE
Parlument ]00 KEMPSVILLE Wimtm AV 1]00 PWNCESSANNE
Ckarfield 200 KEMPSVILLE NwMLaMing@Wes3 Nx4 4900 WN<ESSANNE
Durham 900 KEMPSVILLE SaMbrMge PL 500 PWNCESSANNE
pewine Doo KEMnvnLE waDerowa Re
aetla~a vRLE aMbrdge Raz BDO NNE
E.we=awaY snaev Wae. La 340o RlrvcESSnxnF
Woodzmck NEMPSVIL2E IMian Waer Rd 200 RINCESSANNE
an IIIE nncessAnne~ktlian WVer PRINCESSANNE
ur<hill 3VILLE nn ser Rdl 3600 RINCESSANNE
a Y cet. Ptl2 900 RINCESSANNE
DrihwoM 3100 HALL Wes tNec4 WI 1300 PWNCESSANNE
onngak ROSE xALL ea n t
Cm3nl 8550 DMIcy CWdg NNE
Violet Bant 300 EMPSVIILLE Head Wver Rd PRINCESSANNE
tarn CENTERVILLE Carolina Dd 5500 RINCESSANNE
„lubnoutt 2600 BEA<x SOalmm iPE3 PRIN<ESSANNE
arms Fi¢mwnl 2800 NNE
Bealmm Peach Dr ii¢rown 2 NCESSANNE
Dam Neck Pd ]200 PRINCESSANNE MuntlmW 600
220D RINCESSANNE IMian Gee4 Rd ]900 PRINCESSANNE
LaMrownPd A500 NNE Blackwakrl 1600 WNCEZSANNE
Pnmess Anne Ptl 2100 PRINCESSANNE Bla<4waM2 3000 PRINCESSANI~
Total FY13 = 147,550 If
February 14, 2012
-18-
CITYMANAGER'S BRIEFING
STORM WATER WORK PLAN
ITEM #6I601(Continued)
Princess Anne District has 53 % of all off road ditches and the Plan allows for crews to be in this District
each year. The goal is that in FY2022 all work on ditches will be completed.
Off Road Ditch
Maintenance
Plan
Council D,stncts:
Miles of Ditch ('Nu oflnvenNry)
8 Year Maintenance Cycle
[Year, Zone, Mileage)
,i
~I ~ '~ °°~°;~n~,~,,.
< pc~
,~
~~ ~~
~y
-!~ s!~_
~ ~ ~ ~~` ~~
-~ :~ `\
i
__, -~,
ti M.
~t
i =~ t
~~- 'i
__ ~_ 33
t' ~ ~-' 1~1't L OIl=[tuad `l.<~ne :1 ,,,_ %onr I
llitch Jlainir>>anre
~~ 1 ~
February 14, 2012
-19-
CITYMANAGER'S BRIEFING
STORM WATER WORKPLAN
ITEM#61601 (Continued)
,, +
1~Y Li UO=Road %olx~ li ~ ~ ~ 7,cmr 1I ~
~,.
-- ' ])itch lI'iin[rn:uu~e
~ ~~..'
~~- ~{
~~ ~ , "~~~
r' ~ ~ ~~
~...~
~ ~_ _
,_
~r , ~ `~
~..".,~ `~ ~ 36
l..
February 14, 2012
-20-
CITYMANAGER'S BRIEFING
STORM WATER WORKPLAN
ITEM#61601 (Continued)
•- ~ C)itc6 llanticnanc c
'"^~~'~
\` \ t
1 ~~~ ~_
+ .~ 1
i ~ ~ \(: F
/ f ~
!~ \~
~ } ~,.s 1
(l/1 ! ~
February 14, 2012
-21-
CITYMANAGER'S BRIEFING
STORM WATER WORKPLAN
ITEM#61601(Conti~iued)
`~`, ~ ,
_.. ; FY16 Qff Road Ditch Plan
Ditch LF Council District Zone Ditch LF Council District Zone
u[n ~~c[ n,~awe c. '>ll~E N~1Wa ~F~~
~ eh ~
! nr.WC.ty nHNC N...
rv,r ,rve N
a F4n ~Pr
IAkhM4N
~~ r ex~~rr
„ 1'7Nt vat
1 0~ BtiHII~C -.C
~ri , .r
nn n7CftlCF c.~NNf N...
.r e
i, rv
OROMFIl l ,
7 N NhYSYIt i '. jif l.t3 i K
a 18N
P MHi rN.NC.YSt aN NC N.....
`
,NCESS'NNF
I~ F e
N>YU J~Rr1+~~Nt tv.l HnY~R, t.. ~fMN4F SM
b4
] PNIN~FS.~NNC N.
N
NEE rN ll N
11 F 1
GVkirreN I, 6~1r~LL ~
~ 7.c( PeKWF .4NNi L 2N1f PF NCf$ 1NNF N...
FI rv
n
L~~. n 4L
OI~P4nk .-
~ .
n1'ai ~4YS LSE .. hil<T~~tN~ ¢nr
'~[JrILEN VT 120 •Ptta:LSSwwa N
6
4 P y ~ N 1 1FIN_f t N
25 ~f bn ~N~tN'. 3 AO PbNCLS3 ANNS 'N
YJiNH~NT=.S n r. <.
39
Total FY16 = 148,160 tf
..
`.~~~ ~ 1'1'17 O11=Road r~%<nu D ~' ''/_t~nc I.
`~ Uitch \ixintruati<< ~ --~~
y
` `_
f
_ ~r _ ~-j
tj" ~ ~r(J
r -~~ ,~~ r
i ~ ~
~' J _
%' 1
40
February 14, 2012
-zz-
CITYMANAGER'S BRIEFING
STORM WATER WORK PLAN
ITEM#61601 (Continued)
;~ ~ ~. FY'! 7 Off Road ditch Plan
,
_ .,
_
DRCh LF council Diet.ict Zone Opch LF
_..~.._ ~_...- _ _ -~
.z -
CouncR Dktrkt zone
t:FMP~~fl LF ._
naH~lMfrtl ~G(+ K[M~~nl ~.. S1W.ILN.U
o nr ar onr r n rc ~F
ik o. ~c ~a'~ ~EnfeS,alF Ir ra ririuuxi~ -. ~ w ~~ [ ~~
cFwt x.u [ '..:'u
I ~It nNnn 1+6f n~nLL
.iiu~i i
~v it
i~ r +t i
F
:,airv
uonnvaim ~u i<Qtvt r2 r uNV ~u rna R'+'o vwrKx anrvm ~..
1,4(vG[P
iLSY,Xr Iwo z [fnM.l r G orFCtinriY )Ff,FrY .[{ NbkCE4SCHM
c~ite~ntnrv ~rm^sro Iv -t- ~ to ~aro..'t
r
EMMVI~Ii ~
~ -
.
H1L MR18n®I.LPl~HVI) x
KEMPSVhIF FCRMCE55 ANNE hD 31W
u
I`P.INCFSSPNhC _
TRFSIMNH 9W ai
= 153,12D If
Total FY17
As of today, the City has ~ five (5) crews devoted to "Cave In Repair ". One (1) crew can accomplish
approximately 175 cave-ins per year. Cave-Ins have grown since 2006 due to aging and weather. 560
Cave-Ins have been repaired this year to-date.
~~ ' in House Crew Augmentation
Cave In Repair
• August-October
- Maintenance Supervisor
- Stand up full crew with equipment
• Total of Five Cave in Crews
- Right Sized to meet current annual cave in reports
- Single crew repairs approximately 175 cave ins per year
- Begin to address backlog
• Backlog Attrition One Crew
- Neighborhood Rehabilitation CIP FY 12 - 0.9 ¢
- Funds available for contractual support
az
February 14, 2012
-23-
CITYMANAGER'S BRIEFING
STORM WATER WORKPLAN
ITEM#61601(Contiuued)
The below slide provides a detail of the number of citizen reports for cave-ins and backlog work orders.
The numbers have grown over the last six (6) years.
~,}..
• Average req't = 970 repairs/yr
• Cave In Repair Backlog - 894
• Current In House Crew Capability
- 5 crews
-175 cave ins per year
- 875 cave in repairs per year
• Contract Support
- 100 cave ins per year
• Capability = 975/yr
- Total of 5 crews stops the large
increase in backlog
®~®''
05-06 986 15
06-07 954 215
07-08 856 140
08-09 839 219
09-10 .1213 728
10-11 915 894
43
In House Crew Augmentation
Cave In Repair Requirements/Backlog
~ ` Annual Maintenance GIR
(funding and execution)
CIP Project Title FY32 FY33 FY14 FY15 FY16 FY17
7-ooa Storm Water
Infrastructure $11,973,527 $3,853,122 $5,224,872 $5,224,872 $5,224,872 $5,224,872
Rehabilitation
7-152 Lake
$2,056,280 $2,941,280 $4,353,280 $4,353,280 $4,353,280
$4,353,280
Management
7-411 Oceanfront
Storm Water
$177,000 $v7,ooo $177,000 $177,000 $v7,ooo
$n7,ooo
Facilities
Maintenance
7-412 Storm Water
Pump Station $z6s,soo $44z,soo $a4z,soo $4az,soo $44z,soo $a4z,soo
Modifications
TOtBiS $14,472,307 $7,278,902 $10,197,652 $10,197,652 $10,197,652 $10,020,652
44
February 14, 2012
-24-
CITYMANAGER'S BRIEFING
STORM WATER WORK PLAN
ITEM#61601 (Continued)
There was a large influx of money in year one due to bond funding that allowed Public Works to move out
aggressively on neighborhood storm water infrastructure maintenance. Current work includes slip lining
the final phase for the neighborhood rehabilitation in the Princess Anne Plaza neighborhood, cleaning
and CCTV inspection of the storm water piping in the Aragona neighborhood, slip lining sections
identified in Lawson Forrest neighborhood, and storm drain cave-in repair support utilizing a Service
Contractor annually.
-:
~,h' ,~CIP 7-404 Storm Water Infrastructure
N ~' Rehabilitation cs~ope~
Neighborhood Rehabilitation
• Large, whole neighborhood aging
infrastructure rehabilitation and
repair
Minor Neighborhood Rehabilitation
• Small sections of neighborhoods
with aging infrastructure and
increased repair needs
Cave-In Repairs (Contract)
• Require special labor, materials
and equipment for repairs
• Slipline, pipe plugs, and divers in
submerged systems
* `~',
~. • .~
r :? y.`.
~w a i9 ~ " ^`
~ ~~
~^ ~ , it
„ r
~. ,
With a total of 2200 miles of underground pipe, prior to the fee increase, our rehabilitation cycle was
once every SSO years. This is clearly unsustainable and not a responsible plan. The fee increase gets us
to a rehabilitation schedule of approximately 150 years.
,~,~, ,:
~- ~ CIP 7-004 Storm Water Infrastructure
Rehabilitation (scope)
• 2200 miles of pipe
• FY12 funding $1.49M
• FY12 level cycle - 550 years
• Rehabilitation cycle goal
- Design life - 50 years
- Target - 100 years
- Requirement $8.1 M
• Fee increase supports 150
year cycle
(Yrsl? f Miles! Yr ACost i
50 44 $16.3 M
60 37 $13.7 M
70 < 32 $11:8 M
80 28 $10.3 M
90 25 $9.2 M
100 22 $8.1 M
150 15 $5.8 M
550 4 $1.5 M
as
February 14, 2012
-25-
CITYMANAGER'S BRIEFING
STORM WATER WORKPLAN
ITEM #61601(Continued)
The below slide provides the growth in funding the fee increase over three (3) years.
i.`~.,`'CIP 7-004 Storm Water Infrastructure
A ` ~~~~ Rehabilitation (funding}
Program Basetine Fee Increase Baseline plus
Year level increase
FY12 $1,488,800 1.55¢/$1,371,750 $2,860,550
FY13 $1,488,800 1.35 ¢ f $1,194,750 $4,055,300
FY14 $1,488;800 1.55¢/$1,371,754 ..$5.,427,050
FY15 $1,488,800 $5,427,050
FY16 $1,488,800 - $5,427,050
FY17 $1,488,800 $5,427,050
• Does not include additional bond funding
a7
The below slide provides the top, primary eighteen (18) neighborhoods which are the current candidates
fo!° rehabilitation of underground infrastructure. This list totals an estimated $36.5-Million and
represents a portion of the total of approximately 2200 miles of underground storm water pipe in Public
Works inventory for which we are concerned.
~
~, Neighborhood Rehabil itation Plan
~ 1.
~., NEIGHBORHOOD EST./POPULATION
_
~'~- - FY 12
Princess Anne Plaza 1960'x/11,000
' Aragona 1950's / 9,000
• Green Run 1970'x/19,000
FY 13
Glenwood 1960'x/10,000
'fix; Ocean Lakes 1980'x/ 7,000
Kings Grant 1960'x/9,000
FY 14
WindsorWoods 1960'x15,000
• Indian Lakes 1970'x/8,000
FY15
Indian Lakes 1970'x/8,000
~' Salem Woods 1980'x/6,000
FY16
-"~ Faifield 1970'x/6,000
_
Salem Lakes 1960'x/ 10,000
FY77
~~~ Red Mill Farms 1980'x/ 19,000
' ~, Lagomar 1980'x/4,000
~~ Oul years
Magic Hollow 1970'x/10,000
... Malibu 1960's/5,000
• Southgate 1980'x/3,000
' - Fodire 1990'x/5,000 48
'
• Courthouse Estates x/8,000
1990
February 14, 2012
-26-
CITYMANAGER'S BRIEFING
STORM WATER WORK PLAN
ITEM#61601 (Continued)
' ~~' '~ Storm Water Infrastructure Rehabilitation (work plan)
PdncesaAnhe Plaze 54.600,000 ft.a00,0a0
Aragona Ez ooo,aoo E2A0o.000
.Green Run E4.ooo,ooo Sz.WO,aoo
Glenwood f2.000,W0 52,000,000
Ocean Lakes: 52.000,000 52.000.000
Kings Grant 52.000,000 f2.o0o,000
WlndsorWoods f2,000.a00 Sz,oDD.000
Indian Lakes E2.oo0,00o ft,00o.00o ft,oo0.000
Salem Wocds Sz.ooo ooo fz.ooo,tpo
FairFeld Ez,0o0,000 S20oo.000
Salem lakes. St.oo0.a0o - ft,a00.0o0
Redmill Farms f2000,W0 S2.000.ooo
Lagomar fi 000,000 Et.oOO.ooo
Magic Hollow 52,000,000
Malibu E1,000.00D
Southgate 81,000,000
Foxfire 55,000,000
Courthouse Estates E2,ooo.aoo
Mliror Neigtibdrhood EB.000.WO Et 000000 St 000.000 51,000.000' 51,000.000.. ft.000,000 51,000,000.
Cave-In Repairs Ee.000 mo
49
S1.oo0,a00 f1.o00.000 f1.oo0.a00 41.000,000 Et 000.000 Et 000.000
Totals 54],500,000 f'r.000,000 58000,000 f5,00p,000 55.000.000 55,000.000 55.000,000
The City has approximately seven hundred (700) lakes that are inspected. The City maintains four
hu~zdred (400) of these lakes. This program was also unsustainable prior to the fee increase.
~ ~ CIP 7-'152 Lake Management
- (scope}
Program Components: x-~~ +~
• Lake Dredging to restore ~ -- . ~:~-*. _
Stormwater BMP functionality ~~~'`'-'
• Dam/Spillway Maintenance ~' ` _
Repairs (current Inventory- 38) ~ ~ ' r='
• DCRregulatoryrequirements ~''_
for dam and spillway
maintenance
• WaterOualityTreatmentUnit
Maintenance
• Outfall Systems maintenance
and stabilization repairs
• BMP Bank Mowing
so
February 14, 2012
-z~-
CITYMANAGER'S BRIEFING
STORM WATER WORK PLAN
ITEM#61601 (Continued)
The below slide identifies that based on the funding level prior to the fee increase, the maintenance cycle
was over nine hundred (900) years. With the fee increase, the maintenance cycle is one hundred (100)
years.
`~~'.~ ~~'' CIP 7-152 Lake Management
(funding)
Program Baseline Fee Increase. Baseline plus
Year Level increase
FY12 $286,280 2.0 ¢ / $1,770,000 $2,056,280
FY13 $286,280 1.0 ¢ / $885,000 $2,941,280
FY14 $813,280 1.0 ¢ / $885,000 $4,353,280
FY15 $813,280 $4,353,280
FY16 $813,280 $4,353,280
FY17 $813,280 $4,353,280
The below slide provides the Lake Management Work Plan
'` ~` '
~
~ CIP 7-152 Lake Management
' `~
`:~
~
~ (work Galan}
®~
®
Gr.«rReoL,k~1 slsoooo9" s+,lao,o0o.
Bngadeen Lake2 51,000,000 5800,000 5400,000
erq.aoon Lake3 isooooo Ssoo,ooo -
BrlgetloonLake4 5250,000 f250,000
BH9etloon LaksS (200,000. 5200,000
Brigetloon Lakae f300,000 $300,000
CNnamon RW9e/7kn0arlkke (1,500,000 51.018,000 5484.000.
Groan Run Lakes ~2-1) 53,250,000 53,250,000
Gnaen Run Leke 5 SS00,000 5345,000 f165,000
Brookalde Lake f500,000 SW0,009
Weat Leke Parrbroke $8,000,000 53,427,000 52,577,000
Strafford Chase Lakea (t-3) 5900,000 5800,000
LwN Grwnteke 1 5500,000 5600,000
Lwal Graan Lake 2 5250,000 5100,000 f 150,000
Reedtown L.ke(Wuhartl:. , 5750AOO 5760,000
Rock Greek Lekan )1J) 52.280.000 52,280.000
Kings Lake North f300,000 5300.000
Lynnhavan Wootla Leka 1 5300,000 5300,000
TuHN Lake 5300,000 5300,000
Wirxlsor Park 5300,000 5293,000
Teals 118,850,000 51,780,000 52,888,000 54,079,000 S4A78,000 54.077,000 54,353A00
February 14, 2012
-zs-
CITYMANAGER'S BRIEFING
STORM WATER WORK PLAN
ITEM#61601 (Continued)
The Oceanfront Storm Water Facility Sustainment is a new CIP funded from the fee increases. This
allows the City a dedicated fund source to maintain storm water infrastructure along the Oceanfront in
conjunction with the Hurricane and Seawall Protection Project.
CIP 7- 411 Qceanfront Storm Water
Facility Sustainment (scope}
Project Focus: New project to perform Sustainment of the Beach
Erosion Control and Hurricane Protection Project.
Associated infrastructure includes:
•SeawalUBoardwalk, concrete repairs to joints, stairs, railings
•Ocean Outfalls underwater inspections and repairs
•Stormwater Pump Stations (16tt', 42nd, 61St, & 79t'')
Scope of Work and Execution Plan:
• Clean & inspect wet wells, including remove pumps & perform 3 year
inspections
• Replace nonfunctioning sump pump at 16th St. station
• Repair sluice gates at 16t" & 42^d St. stations
• Repair wet well entry at 16th St. station
• Clean main trunk line from Rudee Inlet to 16t^ St.
• Inspect submerged oceanfront outfalls by divers required byACOE
agreement
• Utilize existing annual services contract 53
• Repair seawall capjoints
;~~ s CIP 7-411 Qceanfront Storm Water
.
.
~' `: Facility Sustainment (funding}
Program Baseline Fee Increase Baseline.
Year Lever.. plus
increase
FY12 0.2 ¢ / $177,000 $177,000
FY13 $177,000
FY14 $177,000
FY15 $177,000
FY16 $177,000
FY 17 $177, 000
54
February 14, 2012
-29-
CITYMANAGER'S BRIEFING
STORM WATER WORKPLAN
ITEM#61601(Corctinued)
The funding has been spread among six (6) activities.
;~ ~ -` CIP 7-411 Oceanfront Storm Water
p``="'' Facility Sustainment (work plan}
®®~i ®~®
Outfall Inspecfiona (3 yr - $185,000 $15,000 $80,000 $90000
cycle) ..
Seawall Cap Repairs $335,000 $55,000 $30,000 $55,000 $90,000 $30,000 $75,000
Pipe Cleaning 8 Inspection $250,000 $35,000 $3s aoa.. $55,000 $es,ooo $eo,ooo
Pump Station Maintenance $80,000 $30,000 $25 000 $35,000
Stair Repairs $132,000 $22000 $22.000 $22,000 ,.$22000 .$22,000 $22;000
Pump Overhaul (3 year cycle) $oo,ooa $20,000 $20,000 $20,000
Total $1,082,000 $177,000 $177,000 $177,000 ..5177,000 $177000 $177,000'
55
The fee increase also allowed the City to create a new CIP- Storm Water Pump Station Modification
program which allows us to move from reactive maintenance to a planed, sustainable approach.
9f CLP 7-412 Storm Water Pump Station
j"°" Modifications (scope}
Scope: Rehabilitation and major maintenance modifications to the City's storm
water pump stations.
10 Year Rehabilitation
• Condition Assessments s - -. -.
• Structural Inspection V ; , r* m~"
• Recommendations ~:~
• Repairs "' ~ I
• Major Rehabilitation - ~ - .,,.__;
m-+ "' - ~.~. ~- 1...
_ . ~ t a:
Execution Plan: - _ y:~-,
• Utilize existing annual services contract - "
• Current rehabilitation needs: ':
•Ventilation systems f. ;,u
• Hatch 8 access ways 1~__.»..
•Pump maintenance
•Check valve maintenance 8 replacements 56
February 14, 2012
-30-
CITYMANAGER'S BRIEFING
STORM WATER WORKPLAN
ITEM#61601(Co~ztinued)
<~ .} ' CIP 7-412 Storm Water Pump Station
-~ Modifications {funding)
Program Baseline Fee Increase Baseline plus
Year Level increase
FY12 0.3 ¢ / $265,500 $265,500
FY13 0.2 ¢ / $177,000 $442,500
FY14 $442,500
FY15 $442,500
FY16 $442,500
FY17 $442,500
57
The below slide provides the breakdown of the Work Plan.
~,~~~~~ CIP 7-412 Storm Water Pump Station
y~ =~~"~ Modifications {work plan)
tort' Condi4on Aasessm~rt '8'ioe ooo ' Etos.ooo.
~ Story PS Rehabilitation Ezoo,ooo E3o,oo0 E75,ooo E95,oo0
in Park PS Ph1 Rehabrlltation EZao.ooo 825.000 850,000 Et35,oo0,
in Park PS Ph2 Rehabilitation E25o,o0o Ezz,soo Eas,ooo E75,ooo Es7 soo
Landing PS Rehabilitatiod Sz4o,oo0. Ettz.5oo 8tzzs0o
mview PS Rehabilitation $150,000 Eso,ooo E7o,oo0
Street PS Rehabilitation ~5•~ ESS.ooo
Street PS Rehabilitation Etso,ooo 852,500 E57soo
h St PS Rehabilitatlon.. SBS.ooo Ses,ooo
JA Control System Integration E7eo ooo E3o ooo Etso,oo0 Stso,ooo 8150,000 St so,ooo Etso,ooo
pMaintenence 8220,000 E50,000 895.000 875,000
~l 52,478,000 8285,500 8442,500 8442,500 8442,500 8442,500 8442,500
58
February 14, 2012
-31-
CITYMANAGER'S BRIEFING
STORM WATER WORKPLAN
ITEM#61601 (Continued)
~ '. Storm Water.
4perafiions and Maintenance-
Summary
• Execution Plan For Our Aging Storm Water Infrastructure
- Addresses City ownership responsibilities
- Focuses initiatives on citizen expectations
- Proactivelyengages backlog of cave in failures through
rehabilitation
- Establishes a viable BMP Lake Management program
- Addresses major rehabilitation requirement for storm water pump
stations.
- VPDES requirements for MS4 maintenance and;operation,
Brings a programmatic, long term and sustainable approach to
aging storm water infrastructure asset management
59
., ~ }~..,.ti:.
°ti~~,.~: Council Discussion
=,f e
t.+ M.
u~~ff+-,x
'~} ~ ~ ~ i.t~y
~ ~
.r ~ "~ ~ ' -a+- ~
~~`r.~„ ~ ~~.w _
7
_
x,40{b`~~i ~~
`
~1}~;1C
`
. . .
. t~
The Mayor thanked the entire team that has worked on these projects.
February 14, 2012
-32-
CITYMANAGER'S BRIEFING
CHESAPEAKE BAY TMDL
2:56 P.M.
ITEM #61602
Mcryor William D. Sessoms, Jr., called to order the CITY MANAGER'S BRIEFINGS, re
CHESAPEAKE BAY TMDL.
n~
TMDL
Update
Briefing to City Council
02/14/2012
City Manager, James Spore introduced Dave Hansen, Deputy City Manager.
{f ~ ~
Background
•Section 303d of the Clean WaterAct requires
the state to identify all water "bodies" that do
not meet their designated use due to
pollutants -Swimmable Fishable
•The state then studies these Water Bodies
and develops a Pollution Diet or TMDL, that is
the Total Maximum Daily Load the water body
can accept of the pollutant and still meet it's
designated use.
2
February 14, 2012
-33-
CITYMANAGER'S BRIEFING
CHESAPEAKE BAY TMDL
ITEM #61602 (Continued)
Mr. Hansen advised that currently Virginia Beach has fifty four (54) impaired waters with one hundred
fifty two (152) impairments.
~~ ~ ~ ~~~~ Impaired
~~ Waters in
Virginia
Beach:
~,~_
54 Impaired
Waters
with
- ~..~ ~_ f 152
;~-~ Impairments
-r=,
_,__ .
-~
_.~,
~.. 3
The below slide provides the typical impairments:
~~
~:~.°'~. ,. ~ Typical impairments are for:
•bacteria,
•sediment,
•nitrogen,
•phosphorus,
slack of aquatic vegetation,
slow dissolved oxygen,
•pH,
•chlorides
•PCB's or mercury in fish tissues
4
February 14, 2012
-34-
CITYMANAGER'S BRIEFING
CHESAPEAKE BAY TMDL
ITEM #61602 (Continued)
•State designates impaired waters and develops
an impaired waters list (TMDL)
•State meets with local stakeholders
•TMDL is established
•Watershed improvement plans (WIP's) are
developed with locality and stakeholders and sent
to EPA for Approval
•but ... if you don't comply the EPA/DEQ will
assume control
.:,
•Lynnhaven River and ell it's tributaries
•Southern Rivers
•Nanny Creek
•West Neck Creek
•Milldam Creek
•Elizabeth River
•Lower sections of the North Landing River
•Sites on Back Bay 6
February 14, 2012
-35-
CITYMANAGER'S BRIEFING
CHESAPEAKE BAY TMDL
ITEM #61602 (Conti~zued)
i`~ Chesapeake gay TMDL
Since 2000 there was insufficient progress by
States in Bay Water Quality. EPA was sued by
CBF and Other Environmental Organizations. In
suit settlement EPA agreed to take Lead in
developing the Chesapeake Bay TMDL
Virginia, Maryland, New Jersey, Delaware,
Pennsylvania, New York and West Virginia are all
a part of the Chesapeake Bay TMDL
A Watershed Implementation Plan was developed
and the States have to meet it or the performance
of the plan '
f
;~~ `~ Chesapeake gay TMDL
The Chesapeake Bay is being implemented in 3 Phases.
Phase I is a coarse designation of pollutant loadings to the
major tributaries to the Bay -The James River York River
Susquehanna River ... etc. VB has raised objection to
Lynnhaven in James
Virginia WIP I November 9, 2010
Phase I I is the delegation of the loads to the states and
localities. Virginia WIP II December 15, 2011
Phase III will be in 2017 after EPA has been able to assess
the effectiveness of Phase II (Report Card on Progress)
February 14, 2012
-36-
CITYMANAGER'S BRIEFING
CHESAPEAKE BAY TMDL
ITEM #61602 (Continued)
~'r
~ ~ Virginia Beach Studies (2)
~~
1. Done to support the Phase WIP II Strategies
2. Kimley-Horn and Associates, Inc 10/19/2011 -
to establish our land cover uses
3. URS Corporation 12/2011 to establish our
required Pollutant Removal:
• Nitrogen -126,280 pounds/year
• Phosphorus - 2,217 pounds/year
• Sediment - 5,243,121 pounds/year
s
~° ~ `~~
~ Land Use By_Watersheds
.~
.w z~~
_ _ . _ _ ffi Rightof Way
zao
oo -
.
^ Water
_ ~ VACANT
____.
GOV
,woo."
u,
~
I w• ^ PARK
~ ', AG
`m ,oooo ~ ~ ^ IND
~ COM
~~/ ~ ^ MF
'
w.oo
.:. _~ SF
ooo .__.._. ___..
Chesapeake Bay SouMern Ocean Wa,enhetl
Wa,ershe0 Walerahetl
~0
February 14, 2012
-37-
CITYMANAGER'S BRIEFING
CHESAPEAKE BAY TMDL
ITEM #61602 (Co~ztinued)
'v Draft strategies to HRPDC on Dec 28, 2011
y Joint staff meeting with CBF on Jan 27, 2012
~' - Phase II WIP submitted to DCR on Feb1, 2012
y DCR review underway
y 60% of water quality improvements must be complete
by 2017
100% of water quality improvements and measures
must be complete by 2025.
~~
~~~ ~ ~~~~~ Submittals to DCR
1. Develop a current BMP inventory
2. Evaluate the land use i land cover information included in the
model and provide more accurate land cover information you
may have
3. Review the 2017 and 2025 BMP scenarios as identified in the
Phase I WIP and develop preferred local BMP scenarios that
provide a similar level of treatment
4. Develop strategies to implementthe preferred BMP scenarios
5. Identify any resource needs to implement the strategies and
BMP scenarios
iz
February 14, 2012
-38-
CITYMANAGER'S BRIEFING
CHESAPEAKE BAY TMDL
ITEM #61602 (Continued)
The below slide identifies the City's Strategies:
~ :~; Virginia Beach Strategies
_.
1. Implement Lynnhaven River Ecosystem Restoration Plan and
Neighborhood SSD Dredging Program
2. Establish Oyster Reefs as BMP's
3. Retrofit Existing Lakes and Ponds
4. Expand Reforestation/Canopy Enhancement
5. Redevelopment in Strategic Growth Areas
6. Management of Urban Nutrients
7. Increase Street Sweeping
8. Increase Use of Green Technologies
13
9. Expand Sub-basin BMP Retrofits
r, ~ ---......_ _ _ ____._.._.. _ __._..... m. __
4.:
J .
w..f
____
Virginia .... jjjl
Beach ~
I
E
Watersheds ~
i
' VB Resourcing Strategy ~ ~~
requires maintaining a balance
r Water Quality. I
Flood ConVOI'
+- Operations and Sustainment
VB Resourcing Strategy also
requires maintaining balance
within the watersheds ` I
Chesapeake Bay
p, Southern Waters(Sound) 14
r Ocean
___
February 14, 2012
-39-
CITYMANAGER'S BRIEFING
CHESAPEAKE BAY TMDL
ITEM #61602 (Continued)
:\ ~ ;',
POPULATION
16
~' ~ ' ` Ditches
Ocean 3
16
February 14, 2012
-40-
CITYMANAGER'S BRIEFING
CHESAPEAKE BAY TMDL
ITEM #61602 (Continued)
'~
`
~
,
-~
Imperviousness By total Area
Sound
30% Bay
66°/t,
Ocean
4%
- N4ML fmpers:ous ~urta<4 Aa_ag,
Chesapeake Bay
W=tershed 31,868'.°0
AJantic Watershed 1,85°.50
s°amer ,
Waterohedz 14,452.98
,' t,'
~;~~--.- ` Weighted Resourcing
Weighted impact on water quality
- Population 38%
- Ditches 19%
- Imperviousness 43%
18
February 14, 2012
-41-
CITYMANAGER'S BRIEFING
CHESAPEAKE BAY TMDL
ITEM #61602 (Continued)
~ ' TMDL Weighted Resourcing
~~~
Ocean
°= Sound
Bay
is
~`~ Resourcing Strategies
• Find a balance between:
- Flood Control
- Water Quality
- Operations & Sustainment
• Find a balance between watersheds
• Develop Cost participation initiatives
- Multi-agency
- Public/private
- NGO/City TF's 8~ Committees
• Weigh regulatory enforcement against
stormwater fee increases
20
February 14, 2012
-42-
CITYMANAGER'S BRIEFING
CHESAPEAKE BAY TMDL
ITEM #61602 (Continued)
~.,,~;, Moving Forward
- Continue with current Stormwater work plan
- Await DCR review results and publishing of
the Virginia Ches Bay TMDL WIP II
- Develop TMDL resourcing strategy
- Implement TMDL Strategies to meet
established goals
z,
~.` ,hrG... .
CC)UNCIL DISCUSSION
z2
The Mayor thanked Mr. Hansen and everyone working on this project.
February 14, 2012
-43-
CITYMANAGER'S BRIEFING
SAND REPLENISHMENT
2:45 P.M.
ITEM #61603
Mayor William D. Sessoms, Jr., called to order the CITY MANAGER'S BRIEFINGS, re SAND
REPLENISHMENT
~~ ~~~, ~~m ~~~_ ~~
Sand Replenishment Update
Resort Beach
rSandbridge Beach
~..
;~ .•
„:a
'. ,yl __~. _u.
Inforo~nation Brief
To
City Council
February 14, 2012
City Manager, James Spore introduced Dave Hansen, Deputy City Manager.
Resort Beach
y~
~'B'G ,BEACH ~30~ Fee> ~ut Fungi
•Received federal FY 11 Appropriation of $6.SM
•Already had FY 09 and 10 Appropriations of $2.2M
•Total federal funds of $9M
•City cost share of $4.8M
•Previously appropriated and available
•Honors 65% federal - 35% City cost sharing formula
•Total funds available $13.8M
•Target contract was for 1.3 million cubic yards for Winter
2011/2012
.. 4 _ + ,rr..,r
"~ .~ r
y.
e ~
~ F!v
v
~ :~ '
February 14, 2012
-44-
CITYMANAGER'S BRIEFING
SAND REPLENISHMENT
ITEM #61603(Continued)
The below slide provides the December 2011 Bid Results:
~, ~~ ~ ~4r
..~. December 2011 Bid Results
• Industry working at full capacity with backlog
• One bidder for contract, $lOM over budget
- $13M Engineer's Estimate
- $23M Bid
• Industry capacity returns to normal in 2012
- Current contracts complete by June
-Advertisements for next round not yet on street
i
t
i
I
i
I'
Mr. Hansen suggests the items identified below to move this Plan forward:
,~, ~ Plan Forward
• Beat the Street -Advertise first
- June advertisement of revised contract
• Award with delayed Notice to Proceed
~' -Make clear in advertisement that work will not
~ commence until December 2012
t
E' -Allow contractor to'calendar' the work, best price
• Avoid Tourism and Turtles
-Execution of the project from December to April
- Eliminates costly turtle avoidance measures (trawlers)
;~:~wa _
=t
' e
February 14, 2012
-45-
CITYMANAGER'S BRIEFING
SAND REPLENISHMENT
ITEM #61603(Continued)
-~ Sandbridge Beach
ti"
-wr.,. ~~ I ~~~
i
• ~~~
~m ~ ~
• Last federal appropriation in FY 2009
• Ineligible for appropriations under current budget rules
Mr. Hansen advised this project is back on board and thanked our local Senators and Representatives, as
well as the Lobbying Group that all worked so hard on this project.
- ~ Project Cost Sharing History
• 1998 Initial replenishment- 100•~o City Funded
I'
I
• 2003 Second cycle - 65% federal, 35% City
• 2007 Third cycle -approximately 20% federal, 80% City
February 14, 2012
-46-
CITYMANAGER'S BRIEFING
SAND REPLENISHMENT
ITEM #61603(Continued)
~w. ~ a
Opportunity Knocks`~~ ` " _ ~ - ,
• Project in need now
• With the lack of available federal
funds, enhancing our contribution is a natural
consideration
• Federal policy interpreted to prevent
• With delegation support, and support from
other communities in the same position, 33
U.S.C. 701h clarified policy in law and opened
the door for considering "contributed funds"
l ~o~.~.. - ~ ~ ~~~ _. ,
Contributed Funds
t
• SSD and TIF revenues have exceeded expectations
• TIF returns an average of $9M per year to General Fund
• Currently $36.5M available for replenishment
3 Recommend consideration of $18.5M in Contributed Funds
- $16.SM for construction
i'
- Up to $2M for administration, inspection and
contingencies
F
i
~'
February 14, 2012
-47-
CITYMANAGER'S BRIEFING
SAND REPLENISHMENT
ITEM #61603(Coutinued)
Delivery Strategy
RISKS
•Combine with Resort Project New Authorization
l- Approval Process
• Maximize contract % Contracting Tmeline
r Construction Window
• Economies of scale ~ Bid Proposals
• Advertise contract early
• June 2012
•Award for delayed NTP
• Dec 2012
•Industry currently backlogged „ ;e;
,~
~
•Avoid turtle restrictions . ,
+ ~ ~ ~ y~~`.~ ` '"'~~
•Minimize tourist season impacts ;, .w . ,,
~ ~ '. >`:.
;:~~:,,.
y
_`f,..
The below slide provides the process for the project:
Process
~` ~CouncilAuthorization-Today's Resolution
'r Corps seeks relief to combine projects without formal agreement
or funds in hand -brokering Council's authorization
{ r City executes agreement,federalyrocess for signature begins
i
~` r Decision Date: June 15
l •:•ScenarioAlpha:Corpsgetsrelieftoinclude5andbridgewith
Resort Contract
•If agreement is signed, open bids and award
•If agreement has yet to be signed, delay bid, separate
contractsandproceedwithResort,start5andbridgealoneat
earliest date
•:•Scenario Bravo: Corps does not get relief to combine projects
in advance
•If agreement is signed, delay bid, add Sandbridge
•If agreement is yet to be signed, proceed with Resort alone,
start5andbridgealone at earliest date
February 14, 2012
-48-
CITYMANAGER'S BRIEFING
SAND REPLENISHMENT
ITEM #61603(Continued)
The Mayor thanked Mr. Hansen.
February 14, 2012
-49-
CITY COUNCIL LIAISONREPORTS
4:20 P.M.
ITEM #61604
There were no City Council Liaison Reports.
February 14, 2012
-51-
AGENDA REVIEW SESSION
3:22 P.M.
ITEM #61607
BY CONSENSUS, the following shall compose the CONSENT AGENDA:
K. ORDINANCES/RESOLUTIONS
1. Ordinance to AMEND ~2-451 of the City Code re Community Medical Advisory
Commission
2. Ordinance to DECLARE 231 N. Oceana Boulevard as EXCESS and
AUTHORIZE conveyance to William R. and Jill S. Gurley
3. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease of City-
owned property with Ocean Water, LLC at 4th Street and Atlantic Avenue
4. Ordinance to AUTHORIZE a Memorandum of Agreement with the U.S.
Department of the Army re Sandbridge beach replenishment
5. Ordinance to EXTEND the date for satisfying conditions re the Breathwaite
Place closure of a portion of Newtown Road at Rock Creek Lane (DISTRICT 2 -
KEMPSVILLE)
6. Resolution to AUTHORIZE the City Manager to EXECUTE documents on
behalf of the City to petition the Commonwealth Transportation Board to
TRANSFER property remaining from the completed VDOT construction of a
portion Northampton Boulevard to the City
7. Resolution to REQUEST the Virginia Beach Development Authority (VBDA)
terminate the existing PPEA process for development of a Headquarters Hotel
8. Resolution to give DIRECTION to the City Manager re FY2012-2013 Budget
9. Ordinance to ACCEPT and APPROPRIATE a 2007 Port Security Grant of
$13,125 to the Police re terrorism deterrents
1 D. Ordinance to TRANSFER funds within the FY2011-12 School Operating Budget
a. $2,108, 000 from Instruction to Technology
b. $275, 000 from Administration, Attendance, and Health to
Transportation
c. $225, 000 from Operations and Maintenance to Transportation
d. $38, 835 from Administration, Attendance, and Health to Transportation
February 14, 2012
-52-
AGENDA REVIEW SESSION
ITEM #61608
BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA:
L. PLANNING
1. Applications of YMCA OF SOUTH HAMPTON ROADS re a recreational
facility to include an indoor/outdoor pool (approved May 27, 2008) at Princess
Anne Road and Dam Neck Road: (DISTRICT 7 -PRINCESS ANNE)
a. Modification of all Proffers of a Conditional Rezoning
b. Modification of the Conditional Use Permit
2. Application of ASHVILLE PARK, LLC/ATC REALTY SIXTEEN, INC for
Modification of Proffers Nos. 11, 18, 19 and 30 of a Conditional Rezoning
(approved May 10, 2005) at Princess Anne Road, Village B, Ashville Park
(DISTRICT 7 -PRINCESS ANNE)
3. Application of GREYHOUND LINES, INC. for a Conditional Use Permit re a
passenger transportation terminal at 971 Virginia Beach Boulevard (DISTRICT
6 -BEACH)
4. Application of KEITH P. and CHERI N. CARL for a Variance to ~4.4(b) of the
Subdivision Ordinance that all newly created lots meet the requirements of the
City Zoning Ordinance (CZO) at 4824 Bradford Lane (DISTRICT 4 - BAYSIDE)
S. Application of CITY OF VIRGINIA BEACH to AMEND the Comprehensive
Plan to include the Interfacility Traffic Area and Vicinity as a Strategic
Economic Growth Area
February 14, 2012
-53-
ITEM#61609
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)
Council Appointments: Council, Boards, Commissions, Committees,
Authorities, Agencies and Appointees
PUBLICLY-HELD PROPERTY.• Discussion or consideration of the,
acquisition of real property for public purpose; or of the disposition of
publicly-held property, where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the
public body pursuant to Section 2.2-3711(A)(3).
Acquisition/Disposition of City Property.•
Bayside District
Kempsville District
Lynnhaven District
Princess Anne District
Upon motion by Councilman Dyer, seconded by Councilman Moss, City Council voted to proceed into
CLOSED SESSION at 4: 01 P. M.
February 14, 2012
-54-
ITEM#61609 (Continued)
Voting: 10-0
Council Members Voting Aye:
Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley,
Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms,
Jr., John E. Uhrin, Rosemary Wilson and James L. Wood.
Council Members Voting Nay:
None
Council Members Absent:
William R. "Bill" DeSteph [Stepped OutJ
(Closed Session: 4: DI P.M. - S: SS P.M.)
February 14, 2012
-55-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
FEBRUARYI4, 2012
6:00 P.M.
Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, February 14, 2012, at 6: 00 P.M.
Council Members Present:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood.
Council Members Absent:
None
INVOCATION: Reverend William Dyson
Bishop, Retired
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OFAMERICA
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 ident~ any matters in which he might have an actual or
potential conflict. If, during his review of an agenda, he identifies a matter in which he has a `personal
interest", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter
with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of
March 24, 2009, is hereby made a part of the record.
February 14, 2012
-56-
Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank.
Thi°ee (3) years ago, Fulton Financial Corporation ("Fulton Financial ") purchased Resource Bank. On
March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a
Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a
"personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of
transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton
Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal
knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local
Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting
of City Council for the purpose of identifying any matters in which he might have an actual or potential
conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the
appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones
regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the
record.
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Dixon
Hughes Goodman and is directly and indirectly involved in many of Dixon Hughes Goodman's
transactions. However, due to the size of Dixon Hughes Goodman and the volume of transactions it
ha~zdles in any given year, Dixon Hughes Goodman has an interest in numerous matters in which her
husband is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her 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 10, 2012, is hereby made a part of the record.
Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential
Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the
volume of transactions it handles in any given year, Prudential has an interest in numerous matters in
which she is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of identifying any matters in which she might have an actual or potential conflict. If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson 's letter of January 27, 2004, is hereby made a part of the record.
February 14, 2012
-57-
Item -VI-E
CERTIFICATION
ITEM #61610
Upon motion by Councilman Moss, seconded by Councilman Diezel, City Council CERTIFIED THE
CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies.
AND,
Only such public business matters as .were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 14, 2012
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 #61609 Page 53, 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.
-th Hodges Fraser, MMC
City Clerk
February 14, 2012
-58-
Item -VI-F
MINUTES
ITEM #61611
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED the
MINUTES of the INFORMAL and FORMAL SESSIONS of January 24, 2012.
Voting: 11-0
Council Members Voting Aye:
Glenn R. Davis, William R "Bill" DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 14, 2012
-59-
Item -VI-H
MAYOR'S PRESENTATION
ITEM #61612
Mayor Sessoms introduced Floyd E. Waterfield, Jr., and presented him with a Resolution declaring
February 14, 2012, FLOYD E. WATERFIELD, JR. DAY recognizing his long tenure of dedicated service
to this community. Mr. Waterfield served on the Board of Zoning Appeals for more years than any City
Council Appointee has ever served on their appointive agencies. Mr. Waterfield also served on the
Virginia Beach City Council from September, 1970 -June, 1978.
February 14, 2012
-60-
Item -VI-LI
PUBLIC HEARING
ITEM #61613
Mayor Sessoms DECLARED A PUBLIC HEARING:
EXCESS CITYPROPERTY- 231 N. Oceana Boulevard
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
February 14, 2012
-61-
Item -VI-L2
PUBLIC HEARING
ITEM #61614
Mayor Sessoms DECLARED A PUBLIC HEARING:
LEASE OF CITYPROPERTY- 4`~` Street and Atlantic Avenue
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
February 14, 2012
-62-
Item -VI-J
ADOPTAGEND
FOR FORMAL SESSION ITEM #6161 S
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
February 14, 2012
-63-
Item -VI-K
ORDINANCES/RESOLUTIONS ITEM #61616
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE
MOTION, Items 1, 2, 3, 4, S, 6, 7, 9, IOa/b/c/d of the CONSENT AGENDA..
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent.•
None
February 14, 2012
-64-
Item -VI-K.1
ORDINANCES/RESOLUTIONS ITEM #61617
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Ordinance to AMEND ~2-451 of the City Code re Community Medical
Advisory Commission
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 14, 2012
1
2
3
4
5
6
7
8
9
10
11
12
13
AN ORDINANCE TO AMEND SECTION 2-451
OF THE CITY CODE TO REMOVE THE
COMMUNITY MEDICAL ADVISORY
COMMISSION FROM THE LIST OF
CURRENT CITY COMMISSIONS
SECTION AMENDED: § 2-451
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 2-451 of the Code of the City of Virginia Beach, Virginia, is hereby
amended and reordained to read as follows:
14 Sec. 2-451. -Definition of boards, commissions and committees.
15
16 Boards shall be defined as those advisory council-appointive agencies which are
17 prescribed by the Virginia State Code as "boards," as well as locally established bodies,
18 the duty of which pertains to or is governed by federal and state codes or local
19 ordinances. Terms shall be specified and limited in accordance with the applicable
20 federal or state codes or local ordinances or resolutions. Those currently established
21 are as follows:
22
23 Board of building code appeals
24 Board of zoning appeals
25 Chesapeake Bay Preservation Area Board
26 Community services board
27 Community policy and management team-CSA at-risk youth and families
28 Development authority
29 Director of the office of volunteer resources
30 Eastern Virginia Medical School
31 Hampton Roads Economic Development Alliance
32 Health services advisory board
33 Historical review board
34 Minority business council
35 North Landing Scenic River Advisory Board
36 Pendleton Project Management Board
37 Personnel board
38 The planning council
39 Public library board
40 Senior Services of Southeastern Virginia
41 Social services board
42 Southeastern Public Service Authority (SPSA)
43 Southeastern Tidewater Opportunity Project, Inc. (STOP)
44 Tidewater Community College Board
45 Towing advisory board
46 Virginia Beach Community Development Corporation
47 Wetlands board
48 Workforce housing advisory board
49
50 Commissions shall be defined as those advisory council-appointive agencies which
51 are prescribed by the Virginia State Code as commissions, plus those locally
52 established for a specific purpose with budgetary responsibility and a structured
53 organization with an annual report to city council. Terms shall be specified and limited in
54 accordance with applicable state statutes or city ordinances or resolutions. Those
55 currently established are as follows:
56
57 Agricultural advisory commission
58 Arts and humanities commission
59 Beaches and waterways commission
60
61 Hampton Roads Planning District Commission - HRPDC
62 Historic preservation commission
63 Human rights commission
64 Parks and recreation commission
65 Planning commission
66 Resort advisory commission
67 Southeastern Virginia Planning District Commission
68 Tidewater Transportation District Commission
69 Tidewater Youth Services Commission
70
71 Committees shall be defined as those short-term advisory agencies appointed by
72 city council for specific studies with regular reporting periods to the governing body and
73 which shall be automatically abolished when their mission is accomplished and the final
74 report filed with the city clerk for distribution to city council. Those currently established
75 are as follows:
76
77 Advertising advisory selection committee
78 Audit committee
79 Bayfront Advisory Committee
80 Bikeways and trails advisory committee
81 Employee benefits review task force
82 Military economic development advisory committee
83 Oceana Land Use Conformity Committee
84 Open space advisory committee
85 Review and allocation committee
Ad~~pted by the City Council of the City of Virginia Beach, Virginia, on this 14th
day of February , 2012.
APPROVED AS TO LEGAL SUFFICIENCY:
~.~ .
City Attorney's Offi
CA12119
R-1
January 26, 2012
-65-
Item -VI-K.2
ORDINANCES/RESOLUTIONS ITEM #61618
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Ordinance to DECLARE 231 North Oceana Boulevard as EXCESS and
AUTHORIZE conveyance to William R. and Jill S. Gurley
Voting.• 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 14, 2012
1 AN ORDINANCE DECLARING THE
2 PROPERTY LOCATED AT 231 N. OCEANA
3 BOULEVARD (GPIN 2417-05-4492) TO BE IN
4 EXCESS OF THE CITY'S NEEDS AND
5 AUTHORIZING THE CITY MANAGER TO
5 SELL THE PROPERTY TO WILLIAM R. AND
~ JILL S. GURLEY
8
9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain
l0 9,002 sq. ft. parcel of land located at 231 N. Oceana Boulevard (GPIN 2417-05-4492)
11 (the "Property") more particularly described on Exhibit "A" attached hereto and made a
12 part hereof;
13
14 WHEREAS, the City acquired the Property pursuant to the APZ-1
15 Acquisition Program;
16
1~ WHEREAS, the City funded the acquisition of the Property through a
18 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party
19 contributing fifty percent (50%) of the funds;
20
21 WHEREAS, the Property is in the midst of other residences and at the
22 time of acquisition was improved with afour-unit boarding house that has since been
23 demolished;
24
25 WHEREAS, William R. and Jill S. Gurley (the "Gurleys") own the adjacent
26 property, and they have requested to purchase the Property in order to utilize it in a
27 manner compatible with the APZ-1 Ordinance;
28
29 WHEREAS, the Gurleys desire to purchase the Property in accordance
3 o with the Summary of Terms attached hereto as Exhibit "B" and made a part hereof;
31
32 WHEREAS, the APZ-1 Disposition Committee has recommended that City
33 Council declare the Property to be in excess of the City's needs and sell the Property to
34 the Gurleys;
35
36 WHEREAS, the City Council is of the opinion that the property is in excess
37 of the needs of the City of Virginia Beach.
38
39 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
4o OF VIRGINIA BEACH, VIRGINIA:
41
42 That the Property located at 231 N. Oceana Boulevard (GPIN 2417-05-
43 4492) is hereby declared to be in excess of the needs of the City of Virginia Beach
44 and that the City Manager is hereby authorized to execute any documents necessary
45 to convey the Property to William R. and Jill S. Gurley in conformity with the Summary
46 of Terms attached hereto as Exhibit B and such other terms, conditions or
47 modifications as are deemed necessary and sufficient by the City Manager and in a
4 8 form deemed satisfactory by the City Attorney.
49
5 o Further, that revenue from the sale of the Property in the amount of
51 $9,002 shall be received and appropriated to CIP #9-060, Oceana and Interfacility
52 Traffic Area Conformity and Acquisition, of which fifty (50) percent shall be reserved for
53 the City Manager refunding the Commonwealth's portion in accordance with the grant
54 agreement. A manual encumbrance will be established to ensure that the $4,501
55 retained by the City will be available for BRAC program acquisitions in future years per
56 the agreement with the Commonwealth.
57
5s This ordinance shall be effective from the date of its adoption.
59
6o Adopted by the Council of the City of Virginia Beach, Virginia, on the
61 14th day of February , 2012.
CA11946
R-1
1 /24/12
\\vbgov.com\dfs1 \applications\citylawprod\cycom32\wpdocs\d013\p014\00001939.doc
APPROVED AS TO CONTENT
Public Works ~-3~- i~
APPROVED AS TO CONTENT
~'1
Management Services
APPROVED AS TO LEGAL
SUFFICIENCY
c~ '~
C y A ney s Office
EHIBIT "A"
GPIN: 2417-OS-4492 (231 N. Oceana Boulevard
All those certain lots, pieces or parcels of land together with
improvements thereon belonging, lying, situated and being in
the City of Virginia Beach, Virginia and designated and
described as Lot Fifty (50) and the Northern one-half (1/2) of
Lot Fifty-One (51) as shown on that certain plat entitled: "Plat
of Hillcrest", which plat is duly recorded in the Clerk's Office
of the Circuit Court of the City of Virginia Beach, Virginia, in
Map Book 13, at page 8.
LESS AND EXCEPT so much thereof for street widening to
Commonwealth of Virginia bearing date of March 27, 1925,
and duly recorded in the aforesaid Clerk's Office in Deed Book
306 at Page 225.
LESS AND EXCEPT all right, title and interest of the Grantor
in and to any and all easements, rights of way, private roads
and other rights of access, ingress and/or egress adjacent to
appurtenant to or in any way benefiting the above-described
property.
IT BEING the same property conveyed to the City of Virginia
Beach by Deed from Georgia H. Jones and David M. Jones,
Trustees under a revocable trust established as the Georgia H.
Jones Revocable Trust, dated October 5, 2010 and recorded in
the aforesaid Clerk's Office as Instrument Number
20101012001068310.
EXHIBIT "B"
SUMMARY OF TERMS
SALE OF EXCESS
PROPERTY LOCATED AT 231 N. OCEANA BOULEVARD
Seller: City of Virginia Beach
Buyers: William R. and Jill S. Gurley, husband and wife
Property: 9,002 square feet of property generally known as 231 N. Oceana
Boulevard (GPIN: 2417-OS-4492)
Legal Description: See Exhibit "A" to Ordinance
Sale Price: $9,002
CONDITIONS OF SALE:
• Property is purchased "As is, Where is."
• Buyers have been advised of APZ-1 restrictions for use.
• Buyers may use the Property for accessory structures, or Buyers may
otherwise utilize the property for construction in conjunction with their
adjacent property upon resubdivision to remove interior lot lines; however,
Buyers may not add any new dwelling units.
• Buyers shall resubdivide the Property at their expense to vacate interior lot
lines.
• Seller will record deed restrictions permanently preventing new dwelling units
prior to or simultaneous with conveyance.
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-66-
Item -VI-K.3
ORDINANCES/RESOLUTIONS ITEM #61619
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT.•
Ordinance to AUTHORIZE the City Manager to EXECUTE a lease of
City-owned property with Ocean Water, LLC at 4th Street and Atlantic
Avenue
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 14, 2012
1
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AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE A LEASE FOR ONE (1)
YEAR, WITH FOUR (4) ONE-YEAR RENEWAL
OPTIONS, WITH OCEAN WATER LLC, FOR CITY-
OWNED PROPERTY LOCATED AT 4T" STREET
AND ATLANTIC AVENUE
WHEREAS, the City of Virginia Beach (the "City") is the owner of two
parcels of land consisting of approximately 17,863 sq. ft. (0.41 acre), located at
the intersection of 4th Street and Atlantic Avenue (GPIN 2427-55-9617 and 2427-
22-8656) (collectively, the "Property");
WHEREAS, Ocean Water LLC, a Virginia limited liability company,
("Ocean Water") desires to lease the Property from the City for a term of one (1)
year, with four (4) one-year renewal options;
WHEREAS, the Property would be utilized as overflow parking for patrons,
guests and employees of Waterman's Restaurant and Ocean Key Resort and for
no other purpose;
WHEREAS, Ocean Water has agreed to pay the City $1,500 per month
($18,000 annually) for the use of the Property for the initial term, with a three
percent (3°/0) escalation each year thereafter; and
WHEREAS, Ocean Water has also agreed to make certain improvements
to the Property, as specified in the Summary of Terms attached hereto as Exhibit
A.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to execute a lease for the term
of one (1) year, with four (4) one-year renewal options, between Ocean Water
and the City for the Property in accordance with the Summary of Terms attached
hereto as Exhibit A, and made a part hereof, and such other terms and
conditions deemed necessary and sufficient by the City Manager and in a form
deemed satisfactory by the City Attorney.
Adopted by the Council of the City of Virginia Beach, Virginia on the 14th
day of February , 2012
APPROVED AS TO CONTENT:
/C~'
Public Wor s /
Facilities Management
CA12136
\\vbgov.com\DFS1 Wpplications\CityLawProd\cycom32\W pdocs\D019\P011 \00002553.DOC
R-1
January 27, 2012
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM:
_ ,.
City Attorney
EXHIBIT A
SUMMARY OF TERMS
LEASE OF CITY-OWNED PROPERTY LOCATED
AT 4T" STREET AND ATLANTIC AVENUE
LESSOR: City of Virginia Beach (the "City").
LESSEE: Ocean Water LLC.
PREMISES: Approximately 17,863 sq. ft. (0.41 acre) of City-owned property
located at the intersection of 4t" Street and Atlantic Avenue.
TERM: February 1, 2012 through January 31, 2013, with four (4) one-year
renewal options (the "Term").
RENT: $1,500.00 per month ($18,000.00 annually) for the first year and
escalated by three percent (3%) each year thereafter.
RIGHTS AND RESPONSIBILITIES OF LESSEE:
• Use the Premises solely for customer overflow parking for guests,
customers and employees of Waterman's Restaurant and Ocean Key
Resort, and no other purposes.
• Keep, repair, and maintain the Premises, at its sole expense, in a safe,
clean and orderly condition.
• Make certain improvements including paving, updating landscaping and
maintenance of the Premises, at a cost not to exceed $75,000 (the
"Improvements").
• Maintain commercial general liability insurance coverage with policy limits
of not less than one million dollars ($1,000,000) combined single limits per
occurrence, issued by an insurance company licensed to conduct the
business of insurance in Virginia, and name the City as additional insured.
Lessee shall provide a certificate evidencing the existence of such
insurance.
Assume full responsibility and liability for any and all damages to persons
or property caused by any act or omission of the Lessee or its agents, etc.
associated with the use of the Premises.
Comply with all applicable laws, ordinances, and regulations in the
performance of its obligations under the Lease.
RIGHTS AND RESPONSIBILITIES OF LESSOR:
• Access to the Premises at any time, without prior notice, in the event of an
emergency.
• The right to require Lessee to surrender possession and control of the
Premises to the City upon forty-eight (48) hours' written notice.
TERMINATION:
• The City may terminate the Lease any time prior to January 31, 2017 upon
ninety (90) days' written notice.
If City terminates the Lease (except in the case of a breach by the
Lessee), or does not consent to a one-year renewal prior to expiration of
the Term, the City shall reimburse the Lessee for the costs of the
Improvements, prorated for the amount of time remaining in the Term.
The City's obligation shall be subject to appropriation by Council.
If the Lessee does not consent to a renewal during the Term, or at the
conclusion of the Term, the Improvements shall be owned by the City, at
no cost to the City.
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-67-
Item -VI-K.4
ORDINANCES/RESOLUTIONS ITEM #61620
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Ordinance to AUTHORIZE a Memorandum ofAgreement with the U.S.
Army Corps of Engineers re Sandbridge beach replenishment
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 14, 2012
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5
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10
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AN ORDINANCE AUTHORIZING THE EXECUTION
OF A MEMORANDUM OF AGREEMENT FOR THE
CONTRIBUTION OF FUNDS TO THE DEPARTMENT
OF THE ARMY FOR SANDBRIDGE BEACH
NOURISHMENT
WHEREAS, by adoption of the Sandbridge Beach Restoration project in its FY
95-96 Capital Improvement Program, and each year subsequent, the City Council has
endorsed the concept of long-term planning for beach nourishment at Sandbridge
Beach (the "Project"); and
WHEREAS, City funds for construction of the Project are to be derived from the
Sandbridge Special Service District and the Sandbridge Tax Increment Financing
District established in FY 94-95 and FY 98-99, respectively; and
WHEREAS, the United States Congress amended the U.S. Code to allow a
political subdivision to contribute all of the funds to the Department of the Army for a
project such as the Project; and
WHEREAS, the current estimated City contribution for the Project is $18,500,000
($16,500,000 for construction and $2,000,000 for expenses incurred by the Army); and
WHEREAS, the periodic replenishment of Sandbridge Beach serves many public
interests including the protection of property, the enhancement of the City's natural
resources, and the encouragement of commerce and tourism.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, THAT:
The City Manager is hereby authorized and directed to execute a Memorandum
of Agreement for the Contribution of Funds in the amount of $18,500,000 with the
Department of the Army for the construction of beach nourishment at Sandbridge
Beach, a copy of the material terms of this agreement is attached hereto and
incorporated.
Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day
Of February , 2012.
APPROVED AS TO CONTENT
j
Publi `Wo ks
APPROVED AS TO LEGAL SUFFICIENCY:
Cit
CA12125
R-1
February 1, 2012
Summary of Material Terms
Memorandum of Agreement for the Contribution of Funds
Parties: Department of the Army
City of Virginia Beach
Purpose: Contribution of Funds for the Construction of Sandbridge Beach Re-
Nourishment to provide erosion control and hurricane protection (the
"Project")
City's
Obligation: To provide $16,500,000 for the costs of construction and $2,000,000 for
Army Corps of Engineers expenses including surveys, administration, and
inspections related to the Project.
Army's
Obligation: To provide leadership, obtain permitting, and procure contractors for the
Project.
Project
Coordination: Representatives of the Department of the Army and the City will
coordinate to oversee the Project.
Indemnification: As required in previous coordination agreements for beach nourishment,
the City will agree to hold the Federal Government harmless from all
damages arising from the Project except for damages due to the fault or
negligence of the Federal Government or its contractors.
-68-
Item -VI-K. S
ORDINANCES/RESOL UTIONS ITEM #61621
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Ordinance to EXTEND the date for satisfying conditions re the
Breathwaite Place closure of a portion of Newtown Road at Rock Creek
Lane (DISTRICT 2 - KEMPSVILLE)
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 14, 2012
1
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AN ORDINANCE EXTENDING THE DATE FOR
SATISFYING CONDITIONS IN THE MATTER OF
THE APPLICATION OF BREATHWAITE PLACE,
L.L.C., FOR THE CLOSURE OF A PORTION OF
NEWTOWN ROAD ADJACENT TO 732-746
NEWTOWN ROAD AND 5573 ROCK CREEK LANE
WHEREAS, on May 25, 2010, the Council of the City of Virginia Beach
acted upon the application of Breathwaite Place, L.L.C. (the "Applicant"), for the closure
of a portion of Newtown Road adjacent to 732-746 Newtown Road and Rock Creek
Lane, as shown on Exhibit "A"; and
WHEREAS, on May 25, 2010, the Council adopted an Ordinance to close
the aforesaid road, subject to certain conditions being met on or before May 24, 2011;
and
WHEREAS, on April 29, 2011, the Applicant requested an extension of
time to satisfy the conditions attached to the aforesaid street closure.
WHEREAS, on January 18, 2012, the Applicant requested a second
extension of time to satisfy the conditions attached to the aforesaid street closure.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Virginia Beach, Virginia:
That the date for meeting conditions of closure as stated in the Ordinance
adopted on May 25, 2010, upon application of Breathwaite Place, L.L.C., is extended to
February 13, 2013.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
14th day of February , 2012.
GPIN'S: 1468-42-4560-0000, 1468-42-4432-0000, 1468-42-4315-0000, 1468-42-3287-
0000 and 1468-42-4132-0000
CA12137
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January 26, 2012
APPROVED AS TO CONTENT
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P annit~ epart ent
APPROVED AS TO LEGAL SUFFICIENCY:
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Lucia G. Whitlow, Associate City Attorney
-69-
Rein -VI-K.6
ORDINANCES/RESOLUTIONS ITEM #61622
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Resolution to AUTHORIZE the City Manager to EXECUTE documents
on behalf of the City to petition the Commonwealth Transportation
Board to TRANSFER property remaining from the completed VDOT
construction of a portion Northampton Boulevard to the City
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 14, 2012
1 RESOLUTION PETITIONING THE COMMONWEALTH
2 OF VIRGINIA TRANSPORTATION BOARD TO
3 TRANSFER CERTAIN REAL PROPERTY TO THE CITY
4 OF VIRGINIA BEACH
5
6 WHEREAS, the Commonwealth of Virginia (the "Commonwealth") acquired
7 parcels of real estate for the Northampton Boulevard Project, also known as VDOT
8 Project Number 0166-075-101, C501 RNV - 201, for the construction of Northampton
9 Boulevard from the intersection of Route 13 (near Diamond Springs) to 0.300 mile north
10 of intersection of Route 60 (the "Project") in the City of Virginia Beach (the "City");
11
12 WHEREAS, all aspects of the construction of the Project are complete and title to
13 the real property encompassed by the Project remains vested in the Commonwealth
14 (the "Property"); and
15
16 WHEREAS, the City maintains the Property and believes it would be in the City's
17 best interest for title to the Property within the said Project to be transferred to the City.
18
19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
20 VIRGINIA BEACH, VIRGINIA:
21
22 1. That the City of Virginia Beach hereby petitions the Commonwealth of
23 Virginia, Transportation Board, pursuant to §33.1-149 of the Code of Virginia, as
24 amended, to transfer real estate acquired incidental to the construction, reconstruction,
25 alteration, maintenance, or repair of the Project, as shown on Exhibit A, attached hereto
26 and made a part hereof, which constitutes a section of public road, to the City of Virginia
27 Beach, and to take such other action as necessary to complete the conveyance of title
28 to the City of Virginia Beach, and upon transfer, such section of road shall cease being
29 apart of the State Highway System.
30
31 2. That the City Manager, or his authorized designee, is hereby authorized to
32 execute any and all documents on behalf of the City to complete the conveyance of title
33 to the Property, containing such terms and conditions deemed necessary and sufficient
34 by the City Manager and in a form deemed satisfactory by the City Attorney.
35
36 Adopted by the City Council of the City of Virginia Beach, Virginia, this 14th
37 day of February , 2012.
APP OVED AS TO CONTENT: APPROVED AS~~EGAL
SUFFICIEN ~" ~~,
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Dept. o Pu lic Works /Real Estate City Attorney
CA10773
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-70-
Item -VI-K.7
ORDINANCES/RESOLUTIONS ITEM #6l 623
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Resolution to REQUEST the Virginia Beach Development Authority
(VBDA) terminate the existing PPEA process for development of a
Headquarters Hotel
Voting: 11-0 (By Consent)
Cauncil Members Voting Aye:
Glenn R. Davis, William R "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Cauncil Members Voting Nay:
None
Cauncil Members Absent:
None
February 14, 2012
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A RESOLUTION REQUESTING THAT THE
CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY TERMINATE THE EXISTING
PROCESS UNDER THE PPEA FOR
DEVELOPMENT OF A HEADQUARTERS
HOTEL
WHEREAS, to promote the economic vitality of the City of Virginia Beach (the
"City"), City Council identified the need fora headquarters hotel adjacent to the existing
Virginia Beach Convention Center (the "Hotel");
WHEREAS, by Resolution 03261 adopted by City Council on July 17, 2007, City
Council requested that the City of Virginia Beach Development Authority (the
"Authority") explore potential development of the Hotel;
WHEREAS, pursuant to City Council's request, the Authority solicited proposals
under the Virginia Public-Private Education Facilities and Infrastructure Act of 2002 (the
"PPEA")for proposals for a development of the Hotel; and
WHEREAS, it remains the sense of City Council that the development of a
headquarters hotel, upon terms acceptable to the City, would benefit the City by
increasing tourism and tourism related revenues; however, to date no acceptable
agreement for development has been brought forward; and
WHEREAS, termination of the existing PPEA process would permit the
consideration of future opportunities for development of the Hotel if and when such
opportunities are presented.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA,
1. The Authority is hereby requested to terminate the process it is currently
conducting under the PPEA for the development of a headquarters hotel adjacent to the
Virginia Beach Convention Center.
2. The Authority is hereby commended for its extensive efforts in examining
and evaluating the proposals received, for its efforts towards developing an acceptable
transaction, and for promoting the goals of the City of Virginia Beach.
3. City Council also expresses its gratitude to the private parties who
participated in this process and who worked diligently to bring a headquarters hotel to
the City of Virginia Beach.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th
day of February , 2012.
APPROVED AS TO CONTENT:
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ity anager
CA12141
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\\vbgov.com\DFS1 Wpplications\CityLawProd\cycom32\Wpdocs\D009\P012\00033027. DOC
2/6/2012
APPROVED AS TO L
SUFFICIENCY:
City Attorney
-71-
Item -VI-K.8
ORDINANCES/RESOLUTIONS ITEM #61624
Resolution to give DIRECTION to the City Manager re FY2012-2013 Budget
The following individuals registered to speak:
Reid Greenmun, 2405 Cl~Cutter Drive, spoke in SUPPORT stating Mr. Spore has done a good job at
putting out the Five Year Forecast Plans and the City is now on a path of unsustainably given the
economy situation. It is important to come up with a budget that does not include growth but maintains
reducing the debt that has been accumulated and bring government more in line with its revenues. A
Budget is a list of priorities on how to spend the money you have; a Spending Plan is where you endlessly
go out and buy all of these things and then borrow the money. Please come up with a budget that
considers the revenues you have and prioritizes the spending appropriately.
Karen Mallard, 1748 Capstone Court, Phone: 430-8605, spoke in OPPOSITION stating she is a resident
of Virginia Beach and a Reading Specialist at Three Oaks Elementary. She asked the City to not support
the Resolution offered by Councilmen Moss and DeSteph. It is City Council 's job to make decisions
about funding for the City. It is the City Manager's job to give guidance. Ms. Mallard requests that
funding be increased to the Schools. Every child deserves an opportunity to succeed.
Dominic Melito, 4410 Segoria Court, Phone: 729-5672, spoke in OPPOSITION. He is the President of
the VBEA and has resided in Virginia Beach for 22 years. The reason Virginia Beach is such a nice
place to live is that it is a well managed, citizen friendly city with great schools and for this reason he
asked no support for the Resolution. Council Members can change any part of the Budget
recommendations. Schools cannot continue to lose millions of dollars a year and be expected to offer the
same level of service. The State is failing to fund the schools and the VBEA is doing everything they can
to address this travesty. Virginia Beach has survived because of the support of the City Council
Members.
William Bailey, 644 Edwin Drive, Phone: 288-5761, spoke in OPPOSITION. He is the President of the
Virginia Beach Professional Firefighters. Basically this Resolution ties the hands of the City Manager.
The City Manager is the highest paid employee you have so let him do his job. Take his recommendation
and then you make it your own.
John Spencer, 1140 Cypress Point Way, Phone: 617-6006, spoke in SUPPORT and lives at Cypress Point
in Bayside District. City Council is aware of the aging population, unemployment over 7% and
underemployed workers. Such an economic environment demands reducing city services to essential
services. Under construction in his neighborhood is a $30-Million Recreation Center that is not
essential. The light rail project and the headquarters hotel project should be permanently cancelled.
February 14, 2012
-72-
Item -VI-K.8
ORDINANCES/RESOLUTIONS ITEM #61624(Contin ued)
Kaitlin Jensen, 520 Woodshire Way, Phone: 646-5277, spoke in OPPOSITION stating she is a Computer
Resource Specialist at Pembroke Meadows Elementary. She does not necessarily want to pay more fees
but it is not smart to tie the hands of the City Manager. You may not like his advice but he needs to give
you the Budget he recommends. This Resolution will be deadly for the Schools, so please vote no on this
Resolution
James Gillies, 932 Salisbury Green, Phone: 635-7181, spoke in OPPOSITION stating he is representing
the Booster organization for Ocean Lakes High School Math and Science Academy. Both of his sons are
students at this Academy and have been challenged more than imaginable. He supports full funding to
theSschools.
February 14, 2012
-73-
Item -VI-K.8
ORDINANCES/RESOLUTIONS ITEM #61624(Contin ued)
Councilman DeSteph MOVED the ADOPTION of the Revised Resolution to give DIRECTION to the
City Manager re FY2012-2013 Budget. Motion was seconded by Councilman Moss
The Revised Resolution to give DIRECTION to the City Manager re
FY2012-2013 BUDGET.
Voting: S-6 (DENIED/LOST TO NEGATIVE VOTE)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill "DeSteph, Robert M. Dyer, John D.
Moss and Rosemary Wilson
Council Members Voting Nay:
Harry E. Diezel, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor
William D. Sessoms, Jr., John E. Uhrin and James L. Wood
Council Members Absent:
None
February 14, 2012
-74-
Item -VI-K.9
ORDINANCES/RESOLUTIONS ITEM #61625
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT.•
Ordinance to ACCEPT and APPROPRIATE a 2007 Port Security
Grant of $13,125 to the Police re terrorism deterrents
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 14, 2012
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT
2 FUNDS TO PURCHASE EQUIPMENT TO PREVENT,
3 DETECT, AND RESPOND TO POTENTIAL ACTS OF
4 TERRORISM AND TO TRANSFER FUNDS FOR THE
5 REQUIRED LOCAL MATCH
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA, THAT:
8 1. $13,125 is hereby accepted from the Department of Homeland Security through the
9 Virginia Department of Emergency Management and appropriated, with estimated
10 federal revenues increased accordingly, to the FY 2011-12 Operating Budget of the
11 Police Department to purchase equipment that will enhance the response
12 capabilities of the Marine Unit;
13
14 2. $4,375 is hereby transferred within the FY 2011-12 Operating Budget of the Police
15 Department to provide the local grant match; and
16
17 3. The equipment purchased with these grant funds is not guaranteed to be replaced
18 by the City of Virginia Beach.
Adopted by the Council of the City of Virginia Beach, Virginia on the ~ 4th day
Of February 2012.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
__..
Management Services C+t ey' Office
CA12126
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February 3, 2012
-75-
Item - VI-KIO
ORDINANCES/RESOL IITIONS ITEM #61626
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Ordinance to TRANSFER funds within the FY2011-12 School
Operating Budget
a. $2,108, 000 from Instruction to Technology
b. $275, 000 from Administration, Attendance, and Health to
Transportation
c. $225, 000 from Operations and Maintenance to Transportation
d. $38,835 from Administration, Attendance, and Health to
Transportation
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay.•
None
Council Members Absent:
None
February 14, 2012
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AN ORDINANCE TO TRANSFER FUNDING WITHIN THE
FY 2011-12 SCHOOL OPERATING BUDGET
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That funds within the FY 2011-12 School Budget are hereby transferred in the
amounts set forth below:
1. $2,108,000 from the Instruction Classification of the Operating Fund to the
Technology Fund;
2. $275,000 from the Administration, Attendance, and Health Classification of the
Operating Fund to the Transportation Classification of the Operating Fund;
3. $225,000 from the Operations and Maintenance Classification of the
Operating Fund to the Transportation Classification of the Operating Fund;
and
4. $38,835 from the Administration, Attendance, and Health Classification of the
Operating Fund to the Instruction Classification of the Operating Fund.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th
day Of FPhriiar~ , 2012.
APPROVED AS TO CONTENT
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
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it
o ice
CA12117
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January 20, 2012
VIRGINIA BEACH CITY PUBLIC 5CHOOL5
A H E A D O F T H E c u e v E Daniel D. Edwards, Chairman
District 1 -Centerville Brent N. Mckenzie, District 3 -Rose Hall
School Board of the City of Virginia Beach Ashley K. McLeod, At-Large
2512 George Mason Drive William J. "Bill" Brunke, IV, Vice-Chairman
P.O. Box 6038 District 7 -Princess Anne Samuel G. "Sam" Reid, District 6 -Beach
Virginia Beach, VA 23456-0038 Todd C. Davidson, At-Large Patrick S. Salyer, District 2 - Kempsville
(757) 236-1016 At-Lar e
www.vbschools.com/schoolboard Emma L. "Em" Davis, District 5 - Lynnhaven D. Scott Seery, g
James G. Merrill, Ed.D., Superintendent Dorothy M. "Dottie" Holtz, At-Large Carolyn D. Weems, District 4 - Bayside
RESOLUTION REGARDING FY 2011-12 BUDGET AND
REQUEST FOR CATEGORICAL/FUND TRANSFERS
WHEREAS, the City of Virginia Beach, Virginia's adopted Budget Ordinance for the current fiscal yea
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 ma
in a separate Fund or Category; and
WHEREAS, the School Administration has determined that a number of schools/departments have technology-
related and operating-related spending needs that require categorical/fund transfers to enable purchases such as
Read 180 Program, computers, printers, laptops, Spitz Starball Projection System for Planetarium, and repair anc
maintenance supplies as well as for school bus replacements, special ed. buses and school activity buses; and
WHEREAS, the following budget transfers are recommended by the School Administration:
• Total of $2,108,000 from Operating Fund 115 -Instruction to Technology Fund 106
• Total of $275,000 from Operating Fund 115 -Administration to Operating Fund 115 -Transportation
• Total of $225,000 from Operating Fund 115 -Operations and Maintenance to Operating Fund 115
Transportation
• Total of $38,835 from Operating Fund 115 _ Administration to Operating Fund 115 -Instruction; and
WHEREAS, these transfers are also necessary to appropriately expense and account for these expenditures; and
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
RESOLVED: That the School Board approves and affirms the above listed recommended uses of these funds;
and
FURTHER 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 this Schoo
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 17th day of January, 2012
~~'~ ~~ .~
SEAL Daniel D. Edwards, Ch irman
ATTEST:
Dianne P. Alexander, Clerk of the School Board
-76-
Item -VI-L
PLANNING
1. YMCA OF SO UTH HAMPTON ROADS
ITEM #61627
MODIFICATION OF PROFFERS
MODIFICATION OF
CONDITIONAL USE PERMIT
(Approved May 27, 2008)
2. ASHVILLE PARK, LLC/ATC REALTY
SIXTEEN, INC.
3. GREYHOUND LINES, INC.
4. KEITH P. and CHERI N. CARL
MODIFICATION OF PROFFERS
(Approved May 10, 2005)
CONDITIONAL USE PERMIT
VARIANCE
S. Ordinance upon application of CITY OF VIRGINL4 BEACH
to AMEND the Comprehensive Plan to include the Interfacility
Traffic Area and Vicinity as a Strategic Economic Growth Area
February 14, 2012
-77-
Item -Vl-l.l, 3, 4 and S
PLANNING
ITEM #61628
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE
MOTION, BYCONSENT, Item I, 3, 4(DEFERRED INDEFINATELY) and S of the PLANNING BY
CONSENT AGENDA
Council Member Moss shall vote a VERBAL NAY on Item #S:
Ordinance to Amend the Comprehensive Plan re Strategic Economic Growth Area
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 14, 2012
-78-
Item -VI-L.l
PLANNING
ITEM #61629
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council
APPROVED/CONDITIONED, BY CONSENT, applications of YMCA OF SOUTH HAMPTON
ROADS re a recreational facility to include an indoor/outdoor pool (approved May 27, 2008) at Princess
Anne Road and Dam Neck Road: (DISTRICT 7 -PRINCESS ANNE)
a. Modification of all Proffers of a Conditional Rezoning
b. Modification of the Conditional Use Permit
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of YMCA OF SOUTH HAMPTON ROADS re a
recreational facility to include an indoor/outdoor pool (approved May 27, 2008)
at Princess Anne Road and Dam Neck Road: (GPINS1484792434; 1484792884)
DISTRICT 7 -PRINCESS ANNE
The following conditions shall be required:
a. Modification of all Pro, f ers of a Conditional Rezoning
An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court
b. Modification of the Conditional Use Permit, subject to:
The overall architectural, site and landscape design of the property shall be subject to
the Design Guidelines for Princess Anne Commons ("Guidelines') which are on file with
the Planning Department. The Guidelines shall act as development criteria for this site.
Architectural, Site and Landscape Plans for each component of the development shall be
submitted to the Director of Planning or his designee to insure consistency of the design
with the Guidelines.
2. The developer shall work with the staff to incorporate elements of LEER certification
into the building design where feasible.
3. No outdoor storage shall be allowed.
4. Mechanical equipment located adjacent to any structure on the site shall be screened
with an appropriate structure, fence and/or landscaping. Any mechanical equipment,
located on the top of any structures on the property, shall be enclosed on four sides with
appropriately sized parapet walls to screen the equipment.
S. All exterior trash dumpster areas shall be screened utilizing materials such as brick, pre-
cast block or other materials compatible with the building materials utilized on the
primary structures on the site.
February 14, 2012
-79-
Item -VI-L.1
PLANNING ITEM #61629(Continued)
6. All outdoor lighting shall be shielded to direct light and glare onto the premises. A
Lighting or Photometric Diagram Plan shall be submitted with any submitted Site Plan
for review by City staff. The Lighting Plan shall include the height of poles located in the
parking lots along with the location of all pole-mounted and building-mounted lighting
fixtures. The Plan shall also list type, wattage and fixture-type. Lighting shall be uniform
throughout the parking area and shall minimize reflection or glare toward properties and
streets outside the site.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 14, 2012
-80-
Item -VI-L.2
PLANNING ITEM #61630
ASHVILLE PARK, LLC/ATCREALTYSIXTEEN, INC.
Attorney Edward Bourdon, Phone: 499-8971, represented the applicant. He advised that Wells Fargo
has found a development group to bring Ashville Park back to life but it is likely to be 10-1 S more years
before all homes are built. His client is requesting to modify three (3) conditions: remove age restriction;
reduce minimum square footage for two story homes in Village B by three hundred (300) feet; and
replace the "Active Adult Center" in Village B with a "green: area. His clients are not seeking to change
any aspect of the design, add more homes, change lot size or change park design. In fact, his clients will
be adding a small amount of open space.
The following individuals registered to speak.•
Carl Fisher, 1432 Sandbridge Road, Phone: 426-7446, spoke in OPPOSITION stating he is a neighbor to
Ashville Park. He was appointed by the City to help develop the transition zone. The Committee
consisted of residents, developers, concerned citizens and two City Council Members as Liaisons. Key
recommendations of this Committee were future development should require rural development, open
space and public gathering spaces, one home per development acre. Ashville Park is 452 acres with 499
units.
Al Kohnle, 1905 Benecia Drive, Phone: 746-5928, spoke in OPPOSITION and is a resident of Ashville
Park. Mr. Kohnle bought his property based on the lack of home density. He is concerned about the
increase in traffic and the burden it will place on the City for road construction.
Karen Kwasny, 2089 Kittridge Drive, Phone: 689-2052, spoke in OPPOSITION and is a resident of
Ashville Park. Ms. Kwasny believes in integrity and the importance of passing it on. Lifting the age
restriction simply is a quick fix since the Developer refuses to work with the community.
February 14, 2012
-81-
Item -VI-L.2
PLANNING ITEM #61630(Continued)
Council Lady Henley MOVED, seconded by Councilman Uhrin to DENY the Application of ASHVILLE
PARK, LLC/ATC REALTY SIXTEEN, INC for Modification of Proffers Nos. 11, 18, 19 and 30 of a
Conditional Rezoning (approved May 10, 2005) at Princess Anne Road, Village B, Ashville Park
(DISTRICT 7 -PRINCESS ANNE)
Voting: 2-8 (DENIED/LOST TO NEGATIVE VOTE)
Council Members Voting Aye:
Barbara M. Henley and John E. Uhrin,
Council Members Voting Nay:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Vice Mayor Louis R. Jones, John D. Moss, Rosemary Wilson anti
James L. Wood
Council Members Absent:
Mayor William D. Sessoms, Jr.
February 14, 2012
-82-
Item -VI-L.2
PLANNING ITEM #61630(Continued)
Upon motion by Councilman Davis, seconded by Councilman DeSteph, City Council MODIFIED the
application of ASHVILLE PARK, LLC/ATC REALTY SIXTEEN, INC for Modification of Proffers
Nos. 11, 18, 19 and 30 of a Conditional Rezoning (approved May 10, 2005) at Princess Anne Road,
Village B, Ashville Park (DISTRICT 7 -PRINCESS ANNE)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance of ASHVILLE PARK, LLC/ATC REALTY SIXTEEN, INC
for Modification of Proffers Nos. 11, 18, 19 and 30 of a Conditional
Rezoning (approved May 10, 2005) at Princess Anne Road, Village B,
Ashville Park (GPIN 2413165292) DISTRICT 7 -PRINCESS ANNE
An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court
Voting: 8-2
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill "DeSteph, Harry E. Diezel, Robert M.
Dyer, Vice Mayor Louis R. Jones, John D. Moss, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
Barbara M. Henley and John E. Uhrin
Council Members Absent:
Mayor William D. Sessoms, Jr.
February 14, 2012
-83-
Item -VI-L.3
PLANNING
ITEM #61631
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council
APPROVED/CONDITIONED, BY CONSENT, application of GREYHOUND LINES, INC. for a
Conditional Use Permit re a passenger transportation terminal at 971 Virginia Beach Boulevard
(DISTRICT 6 -BEACH)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of GREYHOUND LINES, INC. for a Conditional
Use Permit re a passenger transportation terminal at 971 Virginia Beach
Boulevard (GPIN2417659737) DISTRICT 6 -BEACH
The following conditions shall be required:
Administrative review shall be conducted once a year (from the date of City Council
approval) by the Zoning Administrator for compliance with the conditions of the Use
Permit.
2. The existing restrooms shall be brought into compliance with the current Uniform
Statewide Building Code and Americans with Disabilities Act for commercial uses within
three (3) months of City Council approval.
3. The non-conforming free-standing sign shall be modified to conform to the current
requirements of the City Zoning Ordinance or shall be removed and may be replaced
with a conforming sign within three (3) months of City Council approval.
4. The only signs allowed on the site shall be those permitted in the City Zoning Ordinance,
Article 9 Section 905 (b). There shall be no signage in or on the doors and windows of
the building that exceeds 10% of the total area, (doors and windows). There shall be no
signs, pennants, banners and/or flag-type signs attached to any poles and/or displayed on
the site. This shall be accomplished within one (1) week of City Council approval.
5. Awaiting area with seating for the motor coach users shall be designated inside the
convenience store within one week of City Council approval.
6. The existing security cameras shall be adjusted and operated to view the front yard areas
of the site (yard area adjacent to both Virginia Beach Boulevard and Seabridge Road)
within one week of City Council approval.
The applicant/owner shall provide a Photometric Plan for review and approval by the
Department of Planning or appropriate City Staff within three (3) months of City Council
approval. All lighting on the site will be consistent with the standards published by the
Illumination Engineering Society of North America. The spot lights located along the
front of the building shall be adjusted, if used, so as not to shine directly on the adjacent
rights-of--ways. Lighting shall be directed/deflected down at the ground and not out
horizontally or up in the air.
February 14, 2012
-84-
Item - VI-L.3
PLANNING ITEM#61631 (Continued)
8. The operation of the terminal shall be limited to the schedule provided by the applicant.•
Three times daily - 6: 35 AM- 6:45 AM, 12: 20 PM-12: 30 PM, and 7:20 PM- 7: 30 PM
9. All loading and off loading of passengers shall take place on site, in the area on the
eastern side of the site, between the storm water management facility and Virginia Beach
Boulevard.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent.•
None
February 14, 2012
-85-
Item -VI-L.4
PLANNING
ITEM #61632
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED
INDEFINITELY, BY CONSENT, application of KEITH P. and CHERI N. CARL for a Variance to
~'4.4(b) of the Subdivision Ordinance that all newly created lots meet the requirements of the City Zoning
Ordinance (CZO) at 4824 Bradford Lane (DISTRICT 4 - BAYSIDE)
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 14, 2012
-86-
Item -VI-L.S
PLANNING
ITEM #61633
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED BY
CONSENT, application of CITY OF VIRGINIA BEACH to AMEND the Comprehensive Plan to
include the Interfacility Traffic Area and Vicinity as a Strategic Economic Growth Area.
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William
D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
John D. Moss
Council Members Absent:
None
February 14, 2012
1 AN ORDINANCE TO AMEND THE COMPREHENSIVE
2 PLAN AND REVISE THE POLICY .DOCUMENT TO
3 INCLUDE THE INTERFACILITY TRAFFIC AREA AND
4 VICINITY AS A SPECIAL ECONOMIC GROWTH AREA
5
6 WHEREAS, the public necessity, convenience, general welfare and good zoning
7 practice so require;
8
9 WHEREAS, the Interfacility Traffic Area and Vicinity Master Plan was adopted by
10 City Council as an amendment to the Comprehensive Plan in January 2011; and
11
12 WHEREAS, the City Council recognizes that the areas encompassed by the
13 Interfacility Traffic Area and Vicinity Master Plan have land development constraints and
14 economic opportunities associated with the area's location within a military aircraft
15 overfly zone, which constraints and opportunities are best addressed by designating the
16 area as a Special Economic Growth Area.
17
18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA:
20
21 That the Comprehensive Plan of the City of Virginia Beach be, and hereby is,
22 amended and reordained by:
23
24 1. The creation of Special Economic Growth Area 4 (SEGA 4)-Princess Anne
25 encompassing the entirety of the Interfacility Traffic Area and Vicinity.
26
27 2. The revision of the Policy Document, pertaining to the Interfacility Traffic
28 Area and Vicinity, as shown on the attached document entitled "Comprehensive Plan
29 Policy Document Revisions Chapter 3: Suburban Area and Chapter 4: The Princess
30 Anne Commons and Transition Area Establishing "Special Economic Growth Area 4
31 (SEGA 4)-Princess Anne, January 2012." Such document has been exhibited to the
32 City Council and is on file in the Department of Planning.
33
34 COMMENT
35
36 The ordinance amends the Comprehensive Plan by the adoption of the Interfacility Traffic
37 Area and Vicinity Master Plan as the Special Economic Growth Area 4 (SEGA 4)-Princess Anne.
38
39 Adopted by the Council of the City of Virginia Beach, Virginia, on this 14th
40 day of F h „a ~ , 2012.
APP VE AS O CONTENT: AP(P'RI OVED AS TO LE SUFFICIENCY:
lJ~
PI i epartmen City Attorney's Office
CA12104
R-2
January 3, 2012
-87-
Item -VI-M
APPOINTMENTS ITEM #61634
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
BOARD OF B UILDING CODE APPEALS
COMMUNITY SER VICES BOARD
HEALTH SERVICES ADVISORY BOARD
MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE
PARKS and RECREATION COMMISSION
PERSONNEL BOARD
PLANNING COMMISSION
SOCIAL SERVICES BOARD
February 14, 2012
-88-
Item -VI-M
ADJOURNMENT ITEM #61634
Vice Mayor Louis R. Jones DECLARED the City Council Meeting ADJOURNED at 7:34 P.M.
Amanda Finley-Barnes, CMC
Deputy City Clerk
Louis R. Jones
Vice Mayor
R th Hodges Fraser, MMC
City Clerk
City of Virginia Beach
Virginia
William D. Sessoms, Jr.
Mayor
February 14, 2012
-89-
PUBLIC DIALOGUE
Vincenzo Duke, Grey Fox Lane, spoke re domestic violence laws. Mr. Duke suggests that anyone
convicted of domestic violence should be required to participate in anger management classes and
battery recover programs. Victims are often unsure of options and once the immediate threat is removed,
victims should be informed of the resources available.
Tracy Okray, 840 Crepe Myrtle Court, Phone: 513-7825, spoke to promote Backyard Chickens. No
roosters, just chickens. This keeps household waste down, provides heart healthy eggs, encourages going
"green" and lends sustainability.
Adrian Hayes, 1117 Selwood Drive, Phone: 650-6265, is a Teacher at Kempsville Middle School and
part of four (4) children. Ms. Hayes has been watching the school funding issue and is upset over
comments that the schools are overfunded. She invites each of the Members of City Council to visit the
"overfunded" Schools to see the overfunded students sitting on the floor of overcrowded classrooms.
Anyone that uses the word "overfunded" when describing the Schools insults the students and teachers.
Some decisions are tough, but this one is not. We are VBCPS and we are not going away.
Lukas Pictrcar, 2104 Tarrington Court, Phone: 729-5833, is a student at First Colonial Legal Studies
Academy. The Academy program has helped him so much and advocates what he feels is important. If
the transportation to Academies is cut, he will not be able to attend. The Schools have taken many steps
forward and should not begin taking steps backwards. Mr. Pictrcar has faith in the Superintendent.
Reed Howard, 4344 Country Club Circle, Phone: 464-1116, is a student at Princess Anne High School
and Vice-Chairman of City Wide SCA. Mr. Howard has worked on Councilman DeSteph's campaign as
well as the Mayor's Youth Leader's In Action, under Mayor Sessoms. This is an economically
challenging time and many heart breaking decisions have to be made. Many students will not be able to
attend should transportation be cut to Academies.
Olivia Stephens, 977 Little Neck Road, Phone: 284-5935, is a Sophomore at First Colonial Legal Studies
Academy. Ms. Stephens did not come to advocate the Academies, but the entire School system. If
property tax increases are needed to save the students, then consider this option. The City's property
taxes are comparability low to other cities this size. If sacrifices are to be made, it should not be taken
from the students.
Harrison Martingayle, 211 615` Street, Phone: 491-6308 is a student at Plaza Middle School. Junior-
Varsity and Middle School sports are important. Cutting these gives free time to teenagers. 757 is a hot
recruiting area for sports and we need to fix the budget issue.
Doria Martingayle, 211 61" Street, Phone: 491-6308, is a student at Plaza Middle School. If
transportation is cut to Schools it will create a hardship for families. Also, cutting Middle School and
Junior- Varsity sports is a bad idea. Sports encourage the athletes to keep their grades up. Ms.
Martingayle is a member of the debate, track and wrestling teams.
February 14, 2012
-90-
Kevin Martingayle, 211 61" Street, Phone: 491-6308. Mr. Martingayle advised that every time he hears
a politician running for election he always hear how they are in favor of education. Anyone thinking the
Schools are overfunded is not paying attention. The wrestling team for Plaza Middle School has one (1)
paid coach and 3 volunteers. Mr. Martingayle encourages the promises made be kept. Federal and State
funding has been cut, and unfortunately, does not look like that is going to change. The City has to keep
moving forward with our education system.
Shannon Kane, is a freshman at Princess Anne High School, IB Program. Many students are concerned
about their ability to continue to attend this program. Many students will have to drop out of the
program if transportation is cut. This program is challenging and is the foundation for her education,
pathway to college and work ethic. Essentially, she is being robbed of a lifelong love of learning. Many
college scouts come to Virginia Beach to recruit for college and to eliminate the sports only hurts the
students. Please think about how many lives will be negatively affected should these cuts be made.
Andrew Vakos, 177 Pinewood Road, Phone: 428-8786is a student at Ocean Lakes Math and Science
Academy. Because of the lack of funding, Schools have been forced to make numerous and drastic cuts to
effect all students. The School Board proposes to initiate a 4x4 schedule for all high schools which will
be a negative effect. Students will lose time to comprehend material in abstract classes. Strong school
systems are a huge attraction to economic development. Please fully fund the Schools.
Yoon Do, 2104 Kanturk Court, Phone: 676-4949 is PTA President at ODC. ODC is a full-time gifted
Magnet School and is in danger of losing the transportation. Hundreds of families are concerned
because they are not sure where their children will be attending school next year. ODC is a very diverse
group, students from all d~erent backgrounds attend ODC. Please fund the Schools and put our
children first.
The Public Dialogue re Non Agenda Items concluded at 8:13 P.M.
February 14, 2012
-86-
Item -VI-M
ADJOURNMENT
ITEM #61634
Vice Mayor Louis R. Jones DECLARED the City Council Meeting ADJOURNED at 7:34 P.M.
i
an aFinley-Barnes, CMC
Deputy City Clerk
~-l~ ~'G'~li~-..f
R Hodges Fraser, C
City Clerk
City of Virginia Beach
Virginia
~.
Louis R. Jones
Vice Mayor
William D. Sessoms, Jr.
Mayor
February 14, 2012