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OCTOBER 5, 2004 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" >""i."è ""ZEl,;,.P""¡' D"""'. "OBE"'" ~,p L,n"""'" D""",¡ ".Ei'<' ",CA'" R",iia'i D'w',,' "C""D' ',«C,-"" R"'" ,"'.."" ~.. /::~~= ~~ ¡:. ...ð' '" "t: ;j¡.,~,' -- , ~ ~b: ~ ',: P '.:.m- "if \{.~ ././ ~~~J CITY COUNCIL 'L' '0" '>t 'è~' i OBU/SÐOR." ,--La", '" E ',:4>0" WL',; R JO'E Be",", D',,"" , "'f" """O, ,n"w,," D'""", CITY COUNCIL AGENDA crrrH4LL BL'W/.\G ~401 COCRTHOCS£ DRl' £ "RG/.\IA B£4CH ViRGIVI4 ~34;6-800; PHOV£ m"J 41'-4303 FH (75') 4~6-;669 E- ,\fAJL Cocnc/'È,bgev co'" """"""""",,'",.0""",- DiTC" " s< "'i'-" A'La'g- ",1\ , ,'L,-<'(Ð' A' Urge. "('""',D>;'"",,, ',La,", c"> V,",O," ¡«fES, S"OR" :-", '~O"'; L£SUEL ['LLD ,., (--""-,"' 'if."UDúESSYiT'i <lMC 5 October 2004 CITY MANAGER'S BRIEFINGS - Conference Room - 1:00PM. '" PERFOIUv1ING-\RTS THEATRE Marcy SIms, Duector. Department of Llbranes B LOCAL ROAD PROJECTS and FUNDING Dean Block, Duector, Department of Public Works I [] COUNCIL LIAISON REPORTS III CITY COUNCIL COMMENTS 1\' REVIEW OF AGENDA ITEMS L v INFORMAL SESSION A. B C CALL TO ORDER - Mayor Meyera E Obemdorf ROLL CALL OF CITY COUNCIL RECESS TO CLOSED SESSIO]I; VI FORMAL SESSIO]I; A CALL TO ORDER - Mayor Meyera E Obemdorf B INVOCATION: Dr DwIght Chnstenburg Fust PresbyterIan Church - Conference Room - 3~PM. - Conference Room- 6:00P.M. C PLEDGE OF ALLEGIANCE TO THE FLAG OF THE L'NITED STATES OF AMERICA D ELECTRO)iIC ROLL CALL OF CITY COUNCIL E CERTIFICATION OF CLOSED SESSION F MI]\{;TES INFOIUvIAL AND FORMAL SESSIONS G MAYOR'S PRESENTATION September 28. 2004 GOVER.,\lMENT FINANCE OFFICERS ASSOCIATION (GFOA) A WARD Patricia A Phlillps- DIrector, Depanment of Fmance H AGENDA FOR FORMAL SESSION CONSENT AGENDA 0 RD IN AN CES/RESO L UTI 0:'< S Ordmance to A,'\1END § 2-224 9 of the Clry Code to increase the membershIp of the MINORITY BUSINESS COUNCIL from seven (7) to mne (9) members lRequested by CouncIlman Villanueva) 2 Ordmances to ACCEPT and APPROPRIATE grants from the li S Department of Justice, Office ofCommunlry OrIented Pohcmg ServIces (COPS) and the li S Department of Transportatlon- wIth federal revenue mcreased accordmgly to the PolIce Department's FY 2004-05 operatmg budget a $405,686 re the purchase of technology-related equipment and software b $15.000 wIth the City's match of$3,750 from the Pohce Department's overtime budget to increase awareness of drn'IDg under the influence (DOl) c $12,000 WIth the Clry's match of $3,000 transferred wltlun the PolIce Department's FY 2004-05 operatmg budget to promote seatbelt usage among teenagers 3 Ordmance to AUTHORIZE and DIRECT the Clry Manager to execute a Deed of Release and Exchange for an Agncultural Lands Preservation (ARP) easement re the release of a reserved site m exchange of another portIOn of the property not presently under an ARP designatIOn for John W. and Mary E. Freeman, Jr. on Fltztown Road (DISTRICT 7 - PRINCESS ANNE) K APPOINTMENTS BICYCLE and TRAILS ADVISORY COMMITTEE MTh:ORlTY BUSIJ\ESS COL~C1L PARKS AND RECREATION COMMISSION REVIEW AND ALLOCATION COMMITTEE (COG) SOCIAL SERVICES BOARD TOWNG ADVISORY BOARD CITY MANAGER'S BRIEFINGS - Conference Room- l:ooP~l A PERFORMIl\IG ARTS THEATRE Marcy SIms, DIrector. Department of LIbrarIes B LOCAL ROAD PROJECTS and FUNDING Dean Block, Director, Department of Pubhc Works II COUl'iClL LIAISOl'i REPORTS III CITY COt:l'iCIL COMMENTS IV REVIEW OF AGENDA ITEMS v I~FOR.'\1.."-L SESSION - Conference Room - 3~P_l\-l '" CALL TO ORDER - I-.1ayor Meyera E Obemdorf B ROLL CALL OF CITY COUNCIL C RECESS TO CLOSED SESSIO!'> VI FORMAL SESSION - Conference Room- 6ffi P-"'l ,\ CALL TO ORDER - Mayor Meyera E Oberndorf B INVOCATION: Dr DwIght Chnstenburg Fust PresbyterIan Church C PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA 0 ELECTRONIC ROLL CALL OF CITY COù~CIL E CERTIFICATION OF CLOSED SESSION F MINUTES INFOlUvlAL AND FORMAL SESSIONS September 28. 2004 Itrønlutinn CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The VlfgIDla Beach City Council convened mto CLOSED SESSION, pursuant to the affinnatlve vote recorded here and 1Il accordance WIth the proVIsIons of The Vugmla Freedom of InfonnatJon Act, and, WHEREAS: SeCTIon 2 2-3712 of the Code of VlfgIDla requlfes a certIficaTIon by the governmg body that such Closed SessIOn was conducted m confonnlty with VlfgJrua Law NOW, THEREFORE, BE IT RESOLVED: That the VlfgIDla Beach CIty CouncIl hereby certifies that, to the best of each member's knowledge, (a) only pubhc busllless matters lawfully exempted from Open Meeting reqUIrements by Vlrglrua Law were dIscussed III Closed SessIOn to whIch this certIfication resolutIon applies, and, (b) only such pubhc business matters as were Identified III the motIon convenmg thIS Closed SessIOn were heard, dIscussed or considered by V Irglma Beach CIty CouncIl 0 RD IN A-l'I¡ CES/RESO L UTI 0 NS Ordmance to AMEND § 2-2249 of the City Code to increase the membershIp of the MINORITY BUSINESS COÐNCIL from seven (7) to nme (9) members (Requested by CouncIlman VIllanueva) 2 Ordmances to ACCEPT and APPROPRIATE grants from the C S Department of JustIce- Office ofCommumty OrIented Pohcmg ServIces (COPS) and the U S Department DfTranspDrtatIon. ~lth federal revenue Increased accordmgly to Ihe Pohce Department's FY 2004-05 Dperatlng budget a $405,686 re the purchase of technology-related equipment and software b 515,000 ~lth the CIty'S match of$3.750 from the PolIce Department's overnme budget tD increase awareness of driving under the influence (DCI) c $12,000 wIth Ihe CIty'S match of $3.000 transfeITed \\lthm the Pohce Department's FY 2004-05 Dperatmg budget to promote seatbelt usage among teenagers Ordmance tD AUTHORIZE and DIRECT the CIty Manager to execute a Deed of Release and Exchange for an A.gncultural Lands PreservatIOn (ARP) easement re the release of a reserved site m exchange of another portion of the property not presently under an ARP desIgnatIOn for John W. and Mary E. Freeman, Jr. on Fl\ztO~ll Road (DISTRICT 7 - PRINCESS A!\'NE) .(~~"'E~~'¿, ;;;, - Vi ~h- -}.'J '\'-.;~¿... -"':':.:.::-~- CITY OF VIRGINIA BEACH AGENDA ITEM ) "--- ITEM: An Ordinance to Amend Section 2-224.9 of the City Code to Increase the Membership of the Minority Business Council MEETING DATE: October 5, 2004 . Background: The Minority Business Council currently has seven members Increasing the membership to nine will allow for Increased community representation . Public Information: Public Information will be handled through the nonnal agenda process . Recommendations: Adoption . Attachments: Ordinance Recommended Action: Approval Submitting DepartmenVAgency: Requested by Councilmember Ron A. Villanueva City Manager: REQUESTED BY COUNCILMEMBER RON A. VILLANUEVA 1 2 3 þ~ ORDINANCE TO AMEND SECTION 2-224 9 OF THE CITY CODE TO INCREASE THE MEMBERSHIP OF THE MINORITY BUSINESS COUNCIL 4 SECTION AMENDED: 2-224.9 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 That Sectlon 2-224.9 of the Clty Code lS hereby amended and 8 reordalned to read as follows: 9 10 11 Sec. 2-224.9. Minority business council composition; appointment and terms etc CBEaÐlisaeà, of members; 12 (a) There H3 hereby created -t=:!:he Clty of VlrglDla Beach 13 MlDorlty Buslness CouDcll ~ shall conslst of at least flve 14 (5) but Rot more thûR scyen (7) DlDe (9) members. 15 16 COMME"IT 17 This change increases the membership of the Minon!} Business Council to nine (9) 18 members. 19 Adopted by the Clty CouDcll of VlrglDla Beach, VlrglDla OD 20 thls day of , 2004 21 22 2> 21 CA 9388 H/ords/proposed/002-224.9 MBC September 29, 2004 R-l -R~r Approved as to Legal SufflcleDcy I-' ~~ -~ CITY OF VIRGINIA BEACH AGENDA ITEM "'" \.. ~ ITEM: AN ORDINANCE TO ACCEPT AND APPROPRIATE $405,686 FROM THE U. S. DEPARTMENT OF JUSTICE TO THE POLICE DEPARTMENT'S FY 2004-05 OPERATING BUDGET TO PURCHASE TECHNOLOGY-RELATED EQUIPMENT AND SOFTWARE MEETING DATE: October 5,2004 . Background: The Office of Community Onented Policing Services (COPS) within the Department of Justice has been working with the Virginia Beach Police Department since the early 1990s In the past, the COPS Office has provided grants to the City for technology needs as well as funding part of the salary and benefits for new officers This COPS technology grant will fund $365,978 of equipment and $39,708 of software needs The majority of the equipment funds will be spent on additional radios This will allow each officer to be Issued a radio Instead of having officers share radios and sending radios to different precincts for seasonal demands Computer eqUIpment, cameras, camcorders, and marine headsets will also be purchased for different Units within the department AddItionally, this grant will fund software to update existing systems currently utilized, as well as a computer program that generates composite sketches of missing and wanted persons . Considerations: This grant provides funding to address the Police Department's technology needs Much of the equipment was requested through the normal budget process, but could not be funded This grant will allow the Virginia Beach Police Department to acqUIre and Implement this technology In our City There IS no local match required for this grant . Public Infonnation: Public information will be provided through the normal Council Agenda process . Recommendations: Adoption of ordinance accepting and appropnatlng $405,686 In federal funding . Attachments: Ordinance Grant Award Recommended Action: Approval Submitting DepartmentlAgencr Police Department C"' M.na...~' ~ . ~ ""'- 10 1 2 3 4 5 AN ORDINANCE TO ACCEPT AND APPROPRIATE $405,686 FROM THE U. S. DEPARTMENT OF JUSTICE TO THE POLICE DEPARTMENT'S FY 2004-05 OPERATING BUDGET TO PURCHASE TECHNOLOGY- RELATED EQUIPMENT AND SOFTWARE 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 That $405,686 ~s hereby accepted from the U. S. Department of 9 Just~ce and appropr~ated to the Police Department's FY 2004-05 Operating Budget for the purchase of technology-related 11 equ~pment and w~th federal ~ncreased software, revenue 12 accord~ngly. 13 14 15 16 Adopted by the Counc~l of the C~ty of V~rg~n~a Beach, , 2004. V~rg~n~a, on the ----- day of Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT: 1) wJ Q - ~ APPROVED AS TO LEGAL SUFFICIENCY: &~ .s: Ç6c4'" (fr- C~ty Attorne~s Off~ce CA-9384 R-2 H'\PA\GG\ORDRES\COPS Grant ord (Pol~ce) .doc september 23, 2004 FROM ?OUCE ADMlN "'-<'> "U ::oep "'" """"~ "'" ....,.., I ~" U.S. Department of Justice Office of Com œunJ Iy Onenlcd Poltcmg Servlce~ (Jffice oÍrhe/Àr-.cror noo ;r""",onrAv"",e NW Wo,"mg'nn, DC 20530 , ~, ~\'r.: CIDef Alfrt.d Jacocks, Jr VirgInIa Beach, CIty of MunIcipal Cen.rer, Buùdmg II 240 Court House Dnve VlTglma Beach, VA 23456 Si::P ¡ 6 2004 Re: TechDol()gy Grant H: 2004CKWXO169 " , . '- ~ -: "-~n- Dear Chief Jacocks, Jr On behalf of Attorney Oeneral John A>.hcroft, it IS my pleasur~ to congratulate you on receIvIng a COPS 2004 Teclmology Grant Enclosed]5 your agency's award docum"Ilt wnh a list of special condinons (on the reverse sIde) that apply to your grant The award amOlUltls $405686 You W111 also find enclosed an ACH-Vendor form, a Civtl RIghts Seven-Step GUIde, a FinancIal Status Report (SF-269A) \'1th a Helpful Hints Gud~. and a Fact Shcet regardmg on-Ime filmg ofyout' quarterly SF-269As Please read and familianze yourself WJrh. the grant award Condlbons pnot to signing the awanl document. To accept your gran!, thc law enforcement and government executJves I1sted on the docuDltmt must sIgn the enclosed ongmal grant award and rerom It to the COPS Officc wlthrn 90 days Fallure to ""brolt the signed award document III th1S 90-day perIod may result 111 ....,thdrawal of the grant wlfuout further nonce from the COPS Office Your grant award penod officially began on January 23. 2004 and runs through January 22, 2005 Please note that all grant tenns and speClaJ conœnons will need to be met prior to the reimbursement of funds for expC11ses mCUITed on or after January 23, 2004 A no-cost tunc =DS10n will be offered. and Information T"gardmg tIus exrellSlol1 WI11 be made available approX1Il1atdy &-10 weeks before the grant penod 's due to end Should you have any quesnons with the award process, please contact your Technolob'Y Coordmator assigned to fbis proJcct at 1-800-421-6170 Congratulations aga1n on your award On behalf of the COPS Office, we look forward to worlång wIth yo"- on this technology project Smc:rely, ~\<~ Carl R Pe~d Ducctor Endo<ur" '- t~ .,~ ~.~. CITY OF VIRGINIA BEACH AGENDA ITEM """ ITEM: AN ORDINANCE TO ACCEPT AND APPROPRIATE $15,000 FROM THE U. S. DEPARTMENT OF TRANSPORTATION TO THE POLICE DEPARTMENT'S FY 2004-05 OPERATING BUDGET TO INCREASE AWARENESS OF DRIVING UNDER THE INFLUENCE MEETING DATE: October 5, 2004 . Background: The Virginia Department of Motor VehIcles has been awarding the Virginia Beach Police Department grants since the 1990s. These funds will be used to educate cItizens In Virginia Beach about DUI laws and the consequences involved with driving under the influence The grant will also be used to provide overtime so that police officers may patrol for Intoxicated drivers during the hours that most Impaired dnvers are on the roadways . Considerations: The grant provides $15.000 of funding from the US. Department of Transportation (passed through the Virginia DMV) and requires a $3.750 match. which will be provided through the Police Department's overtime budget. . Public Infonnation: Public information will be provided through the normal process of advertising the Council's agenda. . Recommendation: Adoption of proposed ordinance accepting and appropriating $15,000 . Attachments: Ordinance Grant Award Letter Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: ~~ K ,Ò'(3 ~ 10 11 12 1 2 3 4 5 AN ORDINANCE TO ACCEPT AND APPROPRIATE $15,000 FROM THE U. S. DEPARTMENT OF TPANSPORTATION TO THE POLICE DEPARTMENT'S FY 2004-05 OPERATING BUDGET TO INCREASE AWARENESS OF DRIVING UNDER THE INFLUENCE 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 1. That $15,000 is hereby accepted from the U. S. Department of 9 Transportat~on and appropr~ated to the Pol~ce Department's FY 2004-05 Budget awareness of to ~ncrease Operat~ng consequences of dr~ving under the ~nf1uence, w~th federal revenue lncreased accordlng1y. 13 2. That $3,750, whlch wl11 serve as the local match requlrement, 14 lS hereby transferred wlthln the Pollee Department's FY 2004- 15 05 Operating Budget. 16 17 18 Adopted by the V~rglnla, on the Councll day of the Clty of Virglnla , 2004. Beach, of Requlres an afflrmatlve vote by a ma]Orlty of the members of the Clty COUDCll. APPROVED AS TO CONTENT ~~:~q:,~ APPROVED AS TO LEGAL SUFFICIENCY ?~~f Cl':y Att¿'r 's Ofhce CA-9381 R-2 H \PA\GG\ORDRES\DUI Educat~on Grant ord doc Sept:ember 20, 2004 (¡) Whlttmgton W Clement SwemyofTcarnport3non COMMONWEALTH of VIRGINIA OffICe of the Governor PO Box 1475 RIchmond, Vttgmta 23218 (804) 786-8032 Fax (804) 766-6683 m (804) 766-7765 August 12, 2004 Captain Raymond V Eisenberg VA Beach PD 2509 Pnncess Anne Road Virginia Beach, VA 23456 Dear Captain Eisenberg Safety has been and WIll continue to be a high priOrity In Virginia'S overall transportation system An Integral component IS a full commitment to highway safety As Governor Marl<. S Wamer's Secretary of Transportabon, I am committed to ensuring that safety remaIns a cornerstone of the Commonwealth's multlmodal transportatIon systems I am pleased to Inform you that Virginia IS receiving pass through funds from USDOT/ NHTSA for federal fiscal year 2005 The highway safety project proposal(s) listed below have been approved The approved project applicatIOns are enclosed for your records You should refer to page two for any InstructIons and/or addenda Please note that the availability of funds under this grant IS conbngent upon the release of federal funds to the Commonwealth Also enclosed IS a memorandum of condlbons from Vincent M Burgess. DMV AsSIstant CommisSioner of Transportabon Safety As the recipient of a FY05 grant award, It IS Important that you read and follow this Information carefully If you should have any quesbons regarding the condlbons, please contact the project monitor assigned to your grant Proiect Title DUI Educatton Teens Seat-Belt Usage Amount Approved $15,00000 $12,00000 You will soon receive Virginia's 2005 Highway Safety Plan Benchmarl<. Report There are 3 specIfic goals, each with performance measures and strategies, that are In line with the highway safety ~ goals listed In DMV's Agency Head Agreement This agreement has been signed by DMV Commissioner D B Smlt, Governor Marl<. S Wamer and myself, and represents DMV's commitment In achieving these pnorlty goals -- I am excited about the prospect that your project will have a positive Impact on highway safety for all Virginians I personally want to thank you for taking the time and effort to contnbute to a safer VIrginia Sincerely, ~~.~ Whittington W Clement Enclosures ,~, '~j -~ CITY OF VIRGINIA BEACH AGENDA ITEM "'\ ~ ITEM: ORDIANCE ACCEPTING AND APPROPRIATING A $12,000 GRANT FROM THE U.S. DEPARTMENT OF TRANSPORTATION TO PROMOTE SEAT-BELT USAGE AMONG TEENAGERS MEETING DATE: October 5, 2004 . Background: The Virginia Department of Motor Vehicles has been awarding the Virginia Beach Police Department grants Since the 1990s These funds will be used to educate students In Virginia Beach about seatbelt laws and the consequences involved when seatbelts are not used . Considerations: The grant provides $12,000 of funding from the US Department of Transportation (passed through the Virginia DMV) and requires a $3,000 match, which will be provided by transferring $3,000 within the Police Department's FY 2004-2005 operating budget . Public Infonnation: Public information will be provided through the normal process of advertising the Council's Agenda . Recommendation: Adoption of proposed ordinance accepting and appropriating a $12,000 grant . Attachments: Ordinance Grant Award letter Recommended Action: Approval Submitting Department/Agency Police Department City Nonage" U ~ L ÒS~ 1 2 3 4 AN ORDINANCE TO ACCEPT AND APPROPRIATE $12,000 FROM THE U. S. DEPARTMENT OF TRANSPORTATION TO THE POLICE DEPARTMENT'S FY 20)4-05 OPERATING BUDGET TO PROMOTE SEATBELT USAGE 5 BE IT ORDAINED BY THE COUNCIL OF TEE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 1. That $12,000 ~S hereby accepted from the U. S. 8 Department of Transportat~on and appropr~ated the Pol~ce to 9 Department's FY 2004-05 Budget promote teenage Operat~ng to 10 seatbelt usage, w~th federal revenue ~ncreased accord~ngly. 11 2. That $3,000, wh~ch will serve as the local match 12 Requirement, ~s hereby transferred w~th~n the Pol~ce Department's 13 FY 2004-05 Operat~ng Budget. 14 15 16 Adopted by the Counc~l of the C~ty of V~rg~n~a Beach, V~rg~n~a, on the ----- day of , 2004. Requ~res an aff~rmat~ve vote by a maJor~ty of the members of the C~ty Counc~l. APPKOVED AS TO LEGAL SUFFICIENCY ~~./ì-'IÝ C~ty Atëorney's Offlce CA9382 R-l September 20, 2004 H \PA\GG\ORDRES\Tee~ Seatbelt Grant Ord doo / Œ> Whittington W Clement Smetac¡ of T"""poltat,on COMMONWEALTH of VIRGINIA Office of the GovemoT PO Box 1475 Richmond. VIrgInIa 23218 (804) 786-8032 Fax (804) 786-6683 TrY (804) 786-7765 August 12, 2004 Captain Raymond V Eisenberg VA Beach PD 2509 Pnncess Anne Road Virginia Beach, VA 23456 Dear Captain Eisenberg Safety has been and will continue to be a high pnonty In Virginia's overall transportal1on system An Integral component IS a full commitment to highway safety As Governor Mark S Warner's Secretary of Transportal1on, I am committed to ensunng that safety remains a comerstone of the Commonwealth's multlmodal transportation systems I am pleased to Inform you that Virginia IS receIVIng pass through funds from USDOT/ NHTSA for federal fiscal year 2005 The highway safety project proposal(s) listed below have been approved The approved project applIcations are enclosed for your records You should refer to page two for any instructions and/or addenda Please note that the availability of funds under this grant IS contingent upon the release of federal funds to the Commonwealth Also enclosed IS a memorandum of condll1ons from Vincent M Burgess, DMV Assistant CommIssioner of TransportatIon Safety As the recIpient of a FYO5 grant award. It IS Important that you read and follow this information carefully If you should have any questions regarding the conditions, please contact the project monitor assigned to your grant Project Title DUI Education Teens Seat-Belt Usage Amount Approved $15,00000 $12,00000 You will soon receive Virginia's 2005 Highway Safety Plan Benchmark Report There are 3 specific goals, each wIth pertormance measures and strategIes, that are In line wIth the highway safety . goals listed In DMV's Agency Head Agreement ThIs agreement has been signed by DMV Commissioner 0 B Smlt, Governor Mark S Wamer and myself, and represents DMV's commitment In achieving these pnonty goals - I am excited about the prospect that your project will have a positive Impact on highway safety for all Virginians I personally want to thank you for taking the time and effort to contnbute to a safer Virginia Sincerely, ~ _t"'P- - 7' ~- ~. -:---- - 11\1 ~ V"-' - -"- - Whittington W Clement Enclosures CITY OF VIRGINIA BEACH AGENDA ITEM TO The Honorable Mayor and Members of Council ITEM An Ordinance Authorizing and Directing the City Manager to Execute a Deed of Release and Exchange Pertaining to an Agricultural Lands Preservation Easement Located on Land of Joseph W Freeman, Jr MEETING DATE October 5,2004 Background: Joseph W Freeman, Jr and Mary E Freeman placed a tract of land located on Fltztown Road In the City's Agricultural Reserve Program (ARP) on October 1, 1997 As part of the transaction, they reserved for future development 1 bUIlding site (I e , the ARP easement did not encumber that site) Mr Freeman now desires that City release the ARP easement from the reserved site and, In exchange, place the easement on another portion of the property not presently under an ARP easement Considerations: The attached exhibit shows the areas which would be exchanged The respective areas are approximately equal In area The appraiser who appraised the property for the original ARP purchase has stated by letter that there is no difference In the market value of the two sites Section 11 of the Agricultural Lands Preservation Ordinance expressly allows exchanges of the type sought by the applicant, and states that the CIty Council shall allow such exchanges under certain conditions Those conditions, which are set forth In the attached ordinance as findings of the City Council, are as follows (1) the acquIsItion of the proposed Preservation Easement In lieu of the existing Preservation Easement does not adversely affect the City'S Interests In accomplishing the purposes of the Ordinance, (2) the proposed Preservation Easement area meets all of the eligibility reqUIrements set forth In Section 7 of the Ordinance, (3) the land to be encumbered by the proposed Preservation Easement IS of at least equal fair market value, IS of greater value as permanent open space, and of as nearly as feasible equivalent usefulness and location for use as permanent open-space land as the property on which the existing Preservation Easement IS located, and (4) the consideration for the acquisition of the new Preservation Easement consists solely of the extinguishment of the existing Preservation Easement The proposed ordinance authOrizes and directs the City Manager to execute a Deed of Release and Exchange pursuant to which the area now reserved for future development is exchanged for another reserved area Such direction is subject to the City Attorney's determination that there are no defects In title to the property to be placed under the ARP Easement or other restrictions or encumbrances thereon which may, In the opinion of the City Attorney, adversely affect the City's Interests Public Information: No special notice or advertising requirements apply Alternatives: The City Council may deny the proposed exchange If It finds that the requirements specified above have not been met Recommendations Adoption of the ordinance allowing the exchange of reserved sites Attachments: Exhibit showing proposed area reserved for future development Recommended Action' Approval ~ Submitting DepartmentlAge~cy Agriculture Department City Manager tL ~~ 10 11 12 13 2 3 4 5 6 7 8 AN ORD:NANCE A~HORIZING AND D:RECTING THE CI~Y MANAGER TO EXECUTE A DEED OF RELEASE &~ EXCHANGE PERTAINING TO AN AGRICULTURAL LANDS PRESERVATION EASEMENT LOCATED ON LAND OF JOSEPH W. ?REE~JL~, ~R. WHEREAS, on October 1, 1997, ~he Cl~y of Vlrglnla 3each 9 (herelnaf~er "the Clty") and Joseph W. ?reenan, Jr. a~d Mary E. ?reeman (herelnafter "Freeman") en~ered l~to Installment Purchase Agreeme~t Number 1996-3, whereby the Clty acqulred an Agrlcultural ~ands Preserva~lon Easement: (~erelnaft:er "Preservatlon Easement": upon certal~ property owned by Freeman, 14 and 15 WHEREAS, as part of the aforesald transactlon, Free~an 16 reserved for future development a portlon of property havlng an 17 area of three (3) acres, more or less, such that ~he Preservatlon 18 Easement does not encumber the reserved area; and 19 WHEREAS, Freema~ deslres to exchange an area of ~and not 20 encumbered by t~e Preservatlon Easemen~ for an equal area of land 21 WhlCh lS to be enchmbered by the Preservatlon Ease~ent, as shown 22 on the attached "Exhlblt Showlng Easement Excep~lon on Property 23 Sta~dl~g In the Name of Coseph W- ?reeman, ~r. and Mary Estelle 24 Freeman," dated August 24, 2004 and prepared by Gallup Surveyors 25 & Englneers, Ltd.; and 26 WrlEREAS, pursuant ~o Sectlon 11 of ~he Agrlcu:tural Lands 27 Preservatlon Ordlnance (herelnafter "Ordlnance") , a landowner may 28 petltlon the Clty Councll for the extl~gulshment 0: a 1 29 30 31 32 33 34 35 36 Preservat~on Easement ~n exchange for the conveyance to the c~ty of a Preservat~on Easement on a d~fferent port~on of the ~andowner's property, ~nder certa~n cond~t~ons set forth ~n the Ord~nance; and WHEREAS, the Ord~nance prov~des ~hat the C~ty Counc~: shall approve suc~ an exchange ~f ~t ma~es certa~n f~nd~ngs enumerated ~n the Ord~nance; and WHEREAS, the C~ty Co~nc~l does hereby make such f~nd~ngs, 37 to-w~t. 38 ( 1) the acqu~s~t~on of the proposed ?reservat~on Easement 39 ~n l~eu of the ex~st~ng Preservat~on Easement does not adversely 40 affect the C~ty's ~nterests ~n accompl~sh~ng ~he p~rposes of the 41 Orà~nance; 4¿ (2) the proposed Preservat~on Easement area meets all of 43 the el~g~b~l~ty requ~rements set forth ~n Sect~on 7 of the 44 Ord~nance; 45 (3 ) the land to be encumbered by the proposed Preservatlon 46 Easement ~s of at least equa~ fa~r market value, lS of greater 47 value as permanent open space, and of as nearly as feaslble 48 equ~va:ent usefulness and locat~on for use as permanent open- 49 space ~anà as the property on whlch the exlst~ng ?reservatlon 50 Easement lS located, and 51 (4) the conslderat~on for the acqu~s~t~on of the new 52 ?reservat~on Ease~ent cons~sts sole:y of the ext~ngu~shment of 2 53 54 55 56 57 58 59 60 the exlstl~g Preservatlon Easement. ~OW, ~HEREFORE, BE IT ORDAINED BY THE CITY COL~C:L OF THE CITY OF VIRGINIA BSACH: ':'hat s'..:bJect to the determlnat::.on of the Clty Ac:torney c:hat there are no defects lD tlc:le c:o the proper~y to be placed under the Preservat::.on Easement or other restrlctlons or encu~rances thereon whlch may, In the oplDlon of ~he Clty Attorney, adversely a::fect the Clty'S lnc:eresc:s, the C::.ty ~anager be, and hereby ::.s, 6l authorlzed and dlrected to exec~te a Deed of Release and Exchange 62 pursuan~ to whlch the Clty releases the exls~::'Dg PreservatloD 63 Easement on a por~lon of the properc:y, as shown on ~he aforesald 64 exhlblt, and acqulres, In exchange therefor, land equal In area 65 to be placed under the ?reservatlon Easement, as shown on such 66 exh::.bl~. 67 68 Adopted by ~he Clty Co'..:ncll of the Clty of Vlrglnla Beach, 69 Vlrglnla, on thls --- day of , 2004. 70 71 72 72 74- 75 CA-937G OID\ordres\FreeManexc~ange.orè September 20, 2004 R-l 76 APPROVED AS TO CONTENT: 7<TJkTO 7" CH:y Attorney's O::flce 78 79 3 Y ~. JR, & EEMAN ~ !6 19 ¡f'"----.!J...z.?'46'OO" W / I 23024;- tvillTES: N 72'46'00" W , 25726' 1) rHIS [XHIBII 001_5 NOT CONSTITUTE ~ SUBDIVlS«)N OF LAND 2) THIS EXHIBIT WAS PREPARŒ BY A COMPILATION Oí RECORDED DOCUMENTS 3) TillS EXHIBIT DOES NOT SHOW ALL EASEMENTS WHICH MAY AFFECT THIS LAND )-\ ;I~ \ "N r~ r-.<D z (}II::; "'--' "'.... °ò <D,o, [XISTING PARCEL B M B 250 P 16 GPIN 2308-74-9656 z ....\- "", ",--, ,,"" Oò 'q 4 ) THIS SURVEY WAS PREPARED WITHOUT THE Bi.:Ni.:FIT OF A CURRENT TITLE REPORT 5) REFERENCE MERIDIAN THE MERIDIAN SOURCE OF THIS EXHIBIT IS BASED ON THE VIRGINIA ~TATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD 1983/86 COORDINATES VALUES SHOWN ARE EXPRESSED IN INTERNATIONAL FEET (ONE FOOT [QUAL ~ 0 '\048 METERS) fTl ..--- EXHIBIT SHO'MNG EASEMENT EXCEPTION ON PROPERTY STANDING IN THE NAME OF JOSEPH W. FREEMAN, JR. & MARY ESTELLE FREEMAN FOR CITY OF VIRGINIA BEACH AGRICULTURAL RESERVE PROGRAM fTl (J) VIRGINIA BEACH, VIRGINIA SCALE 1'~1O0' AUGUST 24, 2004 ( ----GALW¡;---J ouRví (OR", t. nJWJEEP<; ,_T,[), 323 ílRSl COLONIAL ROAD vIRGINIA ¡¡EACH, VIRGINIA 734oA (757)478 8132 ---,---------'-- - 0' 100' 200' 300' ~-- --, K APPOINTMEl'iTS BICYCLE and TRAILS ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL PARKS AND RECREATION COMMISSION REVIEW A.ND ALLOCATION COMMITTEE (COG) SOCIAL SERVICES BOARD TOWING ADVISORY BOARD L UNFINISHED BUSINESS :vt NEW Bl'SINESS 1\ ADJOURNMENT ********************************** PUBLIC COMMENTS Non Agenda Items **********************************