NOVEMBER 1, 2005 MINUTES
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
HARRY E. D1EZEL Kempsville - District 2
ROBERT M. DYER, Centerville - District I
REBA S. McCLANAN, Rose Hall - District 3
RICHARD A. MADDOX, Beach - District (,
JIM REEVE, Princess Anne - District 7
PETER W SCHMIDT, At-Large
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL
CITY COUNCIL AGENDA
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE:(757) 427-4303
FAX (757) 426-5669
E-MAIL;Ctycncl@vbgov.com
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - LESLIE L. LILLEY
CiTY CLERK - RUTH HODGES SMITH, MMC
1 NOVEMBER 2005
I.
CITY COUNCIL BRIEFING
- Conference Room -
1:30PM
A. SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) ANNUAL REPORT
John Hadfield, Executive Director
II. COUNCIL LIAISON REPORTS
III. CITY COUNCIL COMMENTS
IV. REVIEW OF AGENDA ITEMS
V.
INFORMAL SESSION
- Conference Room -
3:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION
- Council Chamber -
6:00PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCATION:
Reverend K. Todd Holt, DD
Pastor, Great Neck Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1.
INFORMAL and FORMAL SESSIONS
October 25,2005
G. AGENDA FOR FORMAL SESSION
H. PUBLIC HEARING
1. EXCESS CITY PROPERTY - Fire Training Center
I. CONSENT AGENDA
J. ORDINANCES/ RESOLUTIONS
1. Ordinance re EXCESS PROPERTY adjacent to the Fire Training Center:
a. DECLARE City-owned land at rear of Seatack Elementary School as excess
property
b. AUTHORIZE the purchase of9.3 acres by:
(i) Exchange of a one (1) acre parcel
(ii) Purchase 8.3 acre parcel
2. Ordinance to AUTHORIZE a temporary encroachment into portions of City property and
drainage easements, at Lagomar, adjacent to 2405 Brasileno Drive, by PATRICK AND
SHAHRZAD KELLER for a bulkhead, dock and boat ramp.
3. Ordinance to APPROPRIATE $10,399,700 from the City's General Fund and $1,000,000
from the Police DEA Seized Property Special Revenue Fund to the following various
Capital Projects in FY 2005-06:
a.
b.
Police Helicopter and Hangar Expansion
Various Site Acquisitions
Birdneck Point L.L.C. Replenishment
Park Playground Renovations - Phase II
Computerized Revenue Assessment and Collection System
Road Maintenance - Increase in cost of asphalt
Economic Development Investment Program
Virginia Aquarium Animal Care Annex
Stranding Center Property Acquisition
Avalon Woods - Avalon Avenue safety improvements
Law Enforcement Training Academy parking lot enhancements
$2,900,000
$5,000,000
$1,250,000
$ 385,000
$ 272,500
$ 350,000
$1,000,000
$ 150,000
$ 92,200
4. Ordinance to APPROPRIATE $864,445 from the Sheriff's Department Special Revenue
Fund and TRANSFER $61,000 within the FY 2005-06 Sheriff's Department Operating
Budget to provide support as follows:
c.
d.
e.
f.
g.
h.
1.
a.
b.
One time purchases
Retirement Fund Contribution
Additional part-time Deputies
$ 439,445
$ 425,000
$ 61,000
5. Ordinance to ACCEPT and APPROPRIATE $64,000 from Harbour Development, Inc. to
Capital Project #4-004, Open Space Program Site Acquisition, re the Acquisition of Land
for Open Space consistent with the Outdoors Plan.
c.
K. APPOINTMENTS
BEACHES and WATERWAYS COMMISSION
GOVERNANCE COMMITTEE FOR HISTORIC SITES
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA
WETLANDS BOARD (Alternates)
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
**********************************
PUBLIC COMMENTS
Non-Agenda Items
**********************************
*********
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: Virginia Relay Center at
1-800-828-1120
***********
Agenda 11/01/05 St
www.vbgov.com
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
1 November 2005
Mayor Meyera E. Oberndorf called to order the SOUTHEASTERN PUBLIC SERVICE AUTHORITY
(SPSA) ANNUAL REPORT in the Council Conference Room, City Hall, on Tuesday, November 1, 2005,
at 1:30. P.M
Council Members Present:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard
A. Maddox, Mayor Meyera E, Oberndorf, Jim Reeve, Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Absent:
Reba S. McClanan
[With Husband, Glenn McClanan,
who is undergoing therapy J
Peter W. Schmidt
[Out ofCountryJ
- 2-
CITY MANA GER 'S BRIEFING
SOUTHEASTERN PUBLIC SERVICE AUTHORITY
1:30 P.M.
ITEM # 54551
John S. Hadfield, Executive Director - Southeaslern Public Service Authority (SPSA), presented the 2005
Annual Report.
SPSA's COMMITMENT TO VIRGINIA BEACH
To manage solid waste generated within Virginia Beach in an
environmentally sound and cost effective manner
This is reflected in SPSA's vision and mission statements
Concerning waste disposal in Virginia Beach over the last fiscal year, SPSA has managed 191,481 tons of
solid waste generated by Virginia Beach. This equates to fourteen (I4%) of the total waste managed by
SPSA. Last year, SPSA managed approximately 1-lh-MILLION tons of solid waste from the South Hampton
Roads Region, SPSA operates two (2) solid waste transfer stations in the City (Oceana Transfer Station and
Landstown Transfer Station), SPSA served more than 3,700 household hazardous waste collection facility
users. Over 19,400 tons of yard waste have been recycled into compost and mulch. SPSA operated the white
goods management and recyclingfacility at the Virginia Beach Mount TrashmoreII Landfill. SPSA accepted
batteries, cell phones, lead acid batteries and used oil for recycling and proper disposal. SPSA paid the
operating costs for the Virginia Beach landfill.
2005 Environmental/Organizational Accomplishments
Southeastern Public Service Authority (ISO) International Standards
Organization 14001 Certification: this is an indication ofSPSA
being "a cut above" the minimum required by regulations
Governor's Gold Awardfor Environmental Excellence
Exemplary Environmental Enterprise (E3 Certification from Virginia
Department of Environmental Quality.
SPSA's Director of Recycling (Debbie Devine) named Virginia's
Recycler of the Year by the VRA (Virginia Recycling Association)
National Public Education and Outreach awards from SWANA (Solid
Waste Association of North America) and NAGC (National
Association of Government Communicators)
November 1,2005
- 3 -
C IT Y MANA G E R 'S B R IE FIN G
SOUTHEASTERN PUBLIC SERVICE AUTHORITY
ITEM # 54551 (Continued)
Waste Management Strategies
SPSA Board requested examination of available solid waste
d~posalahernatives
A review of the proposed Black Bear Landfill and the receipt of
out-of-area waste to use as fuel are only two (2) of thirteen (I 3)
options being reviewed. SPSA has taken no position on the
building of this landfill
Local commercial waste
Public-private partnerships will continue to be a primary
strategy for SPSA
Private hauler contract renewal process is moving with
significant progress made with at least two (2) haulers
Waste-to-Energy
Through waste-to-energy, SPSA created enough electricity to power
nearly 20,000 homes last fiscal year
A major steam prospect and rising electricity costs make these
endeavors particularly important
There has not been a waste-to-energy plant built in the United States in over ten (I 0) years, Because of fuel
and increasing landfill disposal costs as well as other environmental issues, more and more communities
are examining this concept more seriously.
Relative recycling, the 95-gallon recycling cart roll-out completed in Norfolk and Franklin was modeled
after the one in Virginia Beach. Recycling participation has increased dramatically from as low as 29% in
some areas to more than 75% in many neighborhoods, The 18-gallon bin recycling continues to be made
available in Chesapeake, Suffolk, Southampton County and the Town of Smithfield. Drop-off recycling
in Portsmouth and most of Isle of Wight is also meeting those communities needs.
Relative residential awareness and satisfaction, Continental Research conducted studies in 1995, 1998, 2000
and 2005. There was a ninety-one (91%) percent satisfaction rate with SPSA's curbside recycling
program, There is a ninety (90%) percent awareness of SPSA as an environmentally responsible
organization. The full survey and study results are available upon request.
The contract that binds SPSA and each of the member communities together was originally signed in 1983
and 1984. Virginia Beach signed their agreement with SPSA in August 1984. All of the agreements continue
until January 2018.
November 1,2005
-4-
C IT Y MANA G E R 'S B R IE FIN G
SOUTHEASTERN PUBLIC SERVICE AUTHORITY
ITEM # 54551 (Continued)
Agreement with SPSA
The following are considerations in our efforts to educate the member
communities on the use and support agreements renewal process:
Conservation of natural resources and protection of the regional
environment
Array of disposal options for residents and businesses
Economies of scale
Attainment offederal, state and local environmental regulations
and commitments
Regional cooperation/community participation
Response to changing and evolving waste management needs
Recycling and other beneficial use technologies
Comprehensive environmental management systems in place
(ISO 14001)
Next Actions
Meet with each major stakeholder, individually and collectively
Review the future vision for waste management in our region
Respond to concerns and issues raised
Review the financial and environmental benefits of working together
Mr. Hadfield advised the amount of waste generation is inventoried on a regional as well as City basis. The
disposal rate of Virginia Beach is lower than many of the other communities. Southampton County is
probably the highest generator of waste. Recycling markets varied considerably during the last two (2)
years. Steel markets have increased dramatically, primarily because of the "pull" on China and India re the
steel industry. Mr, Hadfield advised, although a very good concept, SPSA has not coordinated the price
of a barrel of crude in order to make recycling plastics worthwhile.
November 1,2005
- 5 -
CITY COUNCIL LIAISON REPORTS
1:55 P.M.
ITEM # 54552
Councilman Wood, Liaison to the Virginia Aquarium and Marine Science Center and the Sandler Center
for the Performing Arts, distributed his reports:
VIRGINIA AQUARIUM AND MARINE SCIENCE CENTER
Present Status
The pre-construction meeting for the East Parking Lot Light PoZe
installation was held October 26, Notice to Proceed has been given,
The contractor expects to have the installation completed by January
9, although the contract allows them until February 23 to finish the
job.
55% submittal plans for the Pedestrian Bridge are currently under
review, Parsons Brinckerhoff is scheduled to make a presentation to
City Council on November 22, 2005,
The Exhibit Renovation is in the Design Development phase, On
October 26, 2005, Peter Sollogub, Lead Architect for the project,
presented an update to the Aquarium's Foundation and City
representatives. In January, preparation of construction documents
will begin. Contract bidding and awards are scheduled from May
through August. Construction is expected to begin September 2006.
Near-future actions
A site for the Animal Care Annex has been selected and approved.
Details on the land purchase are being reviewed. The purchase is
expected to be finalized in December.
Unresolved Issues/Issues Under Study
Research is being done on Aquarium master planningfor future budget
consideration.
SANDLER CENTER FOR THE PERFORMING ARTS
Project Budget: With City Council approval of the FY 2005-2006
Capital Improvement Program, the project budget is $46,700,000
Design/Build Contract Status: the current amount with Clancy- Theys
is $40,289,921, As of September 30, 2005, gross billings were
$4,822,501 (I 2%) for work completed.
Schedule: The contract completion date is July 19, 2007, work is
progressing on schedule and within budget. The Center is scheduled
to open in September 2007.
November 1,2005
- 6-
CITY COUNCIL LIAISON REPOR TS
ITEM # 54552 (Continued)
Present and Near-Future Actions
November 2, 2005: Clancy- Theys to be a vendor participant in the
Minority Business Council Fall Expo at Virginia Beach Convention
Center,
November 8,2005: Advisory Committee to advise City Council offinal
design recommendations with a presentation by the Design-Build team
to follow re interior, auditorium seats and plaza design details.
Fall 2005: Foundation to develop Capital Campaign and public
relations materials
December 31, 2005: Operating management company selection
decision (To Be Determined)
Ongoing: Recruit members to Campaign Steering Committee and
Honorary Advisory Committee. The Advisory Committee continues to
work on design review, facility usage and public awareness
Issues Under Study
Northeast parcel of Block 6: Confirming the cost and schedule impact,
the concurrent construction activity on the 6E parcel will have on a
mid-September 2007 inaugural performance.
City Attorney's Office recording final deed transfer from City to
Virginia Beach Development Authority to complete ownership of
Block 6. Block 6 with then be subdivided into three parcels with the
Performing Arts Center parcel transferred back to the City.
Programmer/Management Selection
ITEM # 54553
Councilman Villanueva, Liaison to the MINORITY BUSINESS COUNCIL, distributed his report.
The 1h Annual Minority Business Council Conference and Expo is scheduled for
November 2, 2005, at the new Convention Center (3:30 P.M. to 6:00 P,M.).
Speakers during the afternoon program include Mayor Meyera Oberndorf,
Councilman Ron Villanueva, Louisa Strayhorn - Minority Business Council Chair
and guest Speaker, Charlie Mills III, founder and CEO of Salera Capital
Management, a minority-owned financial services and business consulting firm
located in Sterling, Virginia, from January 2002 to September 2004. Mr. Mills was
an appointee of Governor Mark Warner as Director of the Virginia Department of
Business Assistance.
November 1,2005
- 7 -
CITY COUNCIL LIAISON REPOR TS
ITEM # 54553 (Continued)
As of October 26,2005, two hundred sixteen (216) small, minority and women-
owned firms from three states (Maryland, Virginia and North Carolina) have pre-
registered online. Two local banks (Bank of America and Wachovia), as well as
several prime construction companies with whom the City does business - W M.
Jordan, URS Corporation, Clark-Nexsen Architecture and Engineering, Clancy
and Theys Construction, Pace Collaborative P. C. and Armada Hojjler have agreed
to host booths at the conference. The United States Small Business Administration
and the Commonwealth's Department of Minority Business Enterprise will also be
in attendance,
The Minority Business Council Annual Report to City Council is also tentatively
planned for a briefing before the end of the year.
Proposed changes in contractor requirements identified in earlier retreats as well
as in the program outlined for City Council last Fall are designed to require
greater accountability from prime contractors. The City Attorney's office has been
working with the MBC to revise the City Code to require a Woman and Minority
Participation Plan for all construction contracts in excess of $50,000. Failure to
submit a Woman and Minority Participation Plan will result in a bid being
declared non-responsive; also, prior to final payment of a contract, the prime
contractor will be required to provide documentation regarding the actual women
and minority subcontractors utilized. Further, solicitations for goods and services
over $50,000 will include at least three (3) women-owned, or minority owned,
businesses. It is expected the revised ordinance will be presented to City Council
before the end of the year, The City StajJis also working on associated revisions to
the applicable administrative directives and procurement manual.
A meeting with the prime contractors with whom the City does business is being
tentatively planned for the first two weeks in November. As part of that meeting, the
proposed City Code changes will be shared with the prime contractors for
discussion.
The Finance and Economic Development Departments are partnering to produce
an interactive CD as an aid to assist small, minority and women-owned businesses
in doing business with the City (Draft CD is available). Economic Development
Department's Minority Business Specialist Position (that was approved in the
current budget) is in the process for development of a vacancy announcement for
advertising in the newt few weeks.
Councilman Villanueva advised the Minority Business Council has worked over the past year with Vice
Mayor Jones and Council Lady Wilson, Liaisons to the Development Authority, as well as the Authority
members relative partnering with the MBC. A designated Liaison, Prescott Sherrod, who will probably be
the incoming Chair of the Minority Business Council, has been appointed. A tremendous amount of
collaboration has resulted between the Minority Business Council and the Development Authority, A golf
tournament was jointly sponsored by both entities. The Development Authority assisted in the relocation
of the Mid-Eastern Athletic Conference (MEA C) headquarters to Virginia Beach. The Minority Business
Council has been disappointed in the interaction with the Hampton Roads Business Alliance, but
throughout the Summer has been attempting to educate the leadership re partnering and is encouraged.
November 1,2005
- 8-
CITY COUNCIL LIAISON REPORTS
ITEM # 54554
Mayor Oberndorf, Council Members Reeve and Schmidt are liaisons to the OPEN SPACE PROGRAM.
Councilman Reeve distributed the report:
Present Status
Virginia Beach Outdoor Plan 2002 Updated, adopted by City Council in February 2001,
is the current guidance document for open space and recreational planning.
The Open Space Subcommittee (OSS) of Parks and Recreation, appointed by City Council
to oversee the open space acquisition process, recommends sites for acquisition and
funding.
The Open Space Subcommittee, appointed in June 2001 for a 3-year term, reappointed in
June 2004 until May 2007, meets monthly. Staff support is provided by the Department of
Parks and Recreation
Thirteen (13) sites equaling 1,668 acres have been acquired since 2000 under the Open
Space Site Acquisition Capital Improvement Program (CIP)
Stumpy Lake Natural Area: largest acquisition to-date (June 2001) (1,500 acres)
Pleasure House Lake (4,6 acres) site, acquired through condemnation, is the most recent
acquisition that occurred in April 2005
As of October 28, 2005, there is $20-MILLION of net Open Space program
unspent/unreserved appropriations
Minus $7-MILLION "reserved" for 80 acres of open space sites,
currently in due diligence phase of acquisition
$13-MILLION is available for future acquisitions after the current
reserved funds are considered
$2. 74-MILLION of $13-MILLION for Agricultural Reserve
Program eligible areas
Parks and Recreation is undertaking a long-term City -wide strategic planning process,
which began in December 2004 to identifY indoor and outdoor recreational needs, goals
and implementation strategies.
Near-future actions
The Open Space Subcommittee and Councilman Reeve recommended a proactive approach to determine
additional open space needslcritical acquisition sites and involve stakeholderslcitizens.
Use Geographic Information Systems to map existing undeveloped
land and identifY existing and planned community resources by
planning area
November 1,2005
- 9-
CITY COUNCIL LIAISON REPOR TS
ITEM # 54554 (Continued)
Invited civic organization officers in each planning area to provide
their input on open space needs and critical acquisition sites. Nine (9)
Community involvement workshops were held for Bayfront, Bayside,
Courthouse/Sandbridge, Pungo/Blackwater, Holland, Kempsville,
Little Neck, Great Neck and Oceanfront Planning Areas from
February to October 2005, The final Community Workshop was held
Monday, October 24, 2005, at the Fire Training Center for the
Oceanfront Planning Area.
Next steps: Evaluate and summarize qualitative open space and
outdoor recreational recommendations from the 2005 Community
Involvement Workshops; update current park and open space
standards; create objective equity/service area mappingfor outdoor
parks and recreation land and facility; and, incorporate the above-
mentioned information andfuture open space and outdoor recreational
recommendations as part of the 2006 Virginia Beach Outdoors Plan
update.
Councilman Reeve advised the concerns expressed at the meeting of October Twenty-fourth were to maintain
the wooded area between General Booth Boulevard and BirdneckLakes, which is perceived as an expansion
for Red Wing Golf Course. Another concern relative Croatan Beach not being able to access without
traversing General Booth Boulevard by bike or car. Additional areas in Camp Pendleton will be reviewed.
Councilman Reeve suggested there might be an opportunity in the area of parkingfor the Virginia Aquarium
and Marine Science Center on General Booth Boulevard which has a direct connection to the Croatan
neighborhood.
Mayor Oberndorf referenced the report "Playgrounds Strategic Plan" provided by the Departments of
Parks and Recreation, which is hereby made a part of the record.
ITEM # 54555
Councilman Maddox, Liaison to the CONVENTION CENTER, distributed his report.
Project Budget: With City Council approval of the FY 05/06 Capital Improvement Program,
the project budget is now $206,844,513, The work is currently progressing on budget and
projected to be completed within this amount.
Construction Status: The current amount of the Construction Management agreement with
Turner Construction is $158,272,545. As of October 31, 2005, the gross billings were
$116,540,288 for completed work.
Schedule: Although some work remains to be completed, including the overall punch list,
Phase 1A is now substantially complete and being used by the Virginia Beach Convention
Center. The current contract complete date for substantial completion of Phase 1B is
December 15, 2006.
Relative the Video Wall, the City Manager advised the installation in planned in December,
November 1,2005
-10-
CITY COUNCIL LIAISON REPORTS
ITEM # 54555 (Colltillued)
Mayor Oberndorf referellced attending a Joint Meeting between the City and the Council of Civic
Organizations at the Convention Center, Saturday morning, October 29, 2005. All who attended were very
complimentary of the Convention Center. The youngest attendee was Beth Hundley - the Mayor's
Administrative Assistant' two-week old baby girl, Emerson.
ITEM # 54556
Council Members Diezel and Maddox, Liaisons to the TOWING ADVISORY BOARD referenced the
pending Towing Ordinance.
Council Lady Wilson advised the General Assembly is currently working on a Bill to AMEND the State Code
re towing.
Councilman Maddox distributed a copy of the proposed BILL. Mr, Maddox believes it advisable for the
Towing Advisory Committee to meet. Councilman Maddox referenced the e-mail of Steven Cowan, Member
- Towing Advisory Board, who requested specific suggestions from City Council in order to hold a productive
Board meeting.
Mayor Oberndorf will respond to the Towillg Advisory Board re concerns of City Council. Copies of the Bill
will be distributed to the Towing Advisory Board.
November 1,2005
- 11 -
CITY COUNCIL COMMENTS
ITEM # 54557
Mayor Oberndorf referenced Norfolk City Councilman W Randy Wright will conduct a Town Hall Meeting
with United States Representatives Thelma Drake, on Saturday, November 5,2005, at 8:30 A.M, Azalea
Inn, 2344 East Little Creek Road, Norfolk. Topics of discussion will include the BRAC (Base Realignment
and Closure Commission), the War in Iraq and Medicare's prescription drug program.
ITEM # 54558
Councilman Villanueva, referenced Election Day, Tuesday, November 8, 2005, and advised there will be
opportunities for City Council to interact with some of the candidates tonight at the Philippine Cultural
Center, on Baxter Road at 6:00 P,M, and Saturday, November 5, 2005, at the Holiday Inn Executive Center,
at 3:30 P.M
ITEM # 54559
BY CONSENSUS, the City Council shall abide by the rules of the Open Mike Policy for Public Dialogue
each first Tuesday of each month. The comments will not be televised and each speaker shall be allowed
three (3) minutes.
Mayor Oberndorf suggested moving the November 15th City Council Workshop to Monday, November 14,
2005, at 6:30 P.M. at the Convention Center. On this date, a presentation of the DRAFT Economic
Impact Analysis on Oceana will be presented to the BRAC Citizens Council, City Council should also be
in attendance for open discussion with the Committee.
The DRAFT Economic Impact Analysis on Ocean a will be posted on the www.vbf!ov.com site as soon as
possible,
The City Manager advised three (3) Public Forums re the Impact Analysis are scheduled on November
28, 2005, November 30, 2005; and, December 1, 2005. Landstown and Princess Anne High Schools will
be the locations for the first two (2) of the Forums, The Third location has not been determined.
Catheryn Whitesell, Director - Management Services, advised this Presentation will be taped by VBTV for
rebroadcast on Channel 48,
Councilman Reeve requested November 29, 2005, be reserved as a potential CITY COUNCIL SPECIAL
SESSION, if necessary.
ITEM # 54560
Mayor Oberndorf congratulated Communications and Information Technology's staff: Ed Feeney,
Joanne Pilcher, Sharon Vaughan and Beth Richardson, These four (4) COMIT members from the
Applications Support Division recently earned the internationally recognized Project Management
Professional (PMP) certification from the Project Management Institute (PMI). Earning this certification
requires candidates to meet rigorous professional experience and knowledge levels, as well as attain
specific education and abide by a code of professional conduct, Candidates must also pass a challenging
timed exam designed to objectively assess and measure each candidate's ability to apply project
management knowledge.
November 1,2005
-12 -
AGE N DA REV IE W S E S S ION
2: 15 P.M.
ITEM # 54561
J,1. Ordinance re EXCESS PROPERTY adjacent to the Fire
Training Center:
a. DECLARE City-owned land at rear of Seatack
Elementary School as excess property
b. AUTHORIZE the purchase of 9, 3 acres by:
(i) Exchange of a one (I) acre parcel
(ii) Purchase 8,3 acre parcel
The City Attorney advised this item must be DEFERRED as the Public Hearing was not properly advertised.
Jim Lawson, real estate, advised the GPIN number depicted in the Public Hearing Advertisement "did not
exist". Once this property is subdivided, this must be readvertised with the CORRECT GPIN Number. This
item will be DEFERRED INDEFINITELY, BY CONSENT.
ITEM # 54562
J,3. Ordinance to APPROPRIATE $10,399,700 from the
City's General Fund and $1,000,000 from the Police
DEA Seized Property Special Revenue Fund to the
following various Capital Projects in FY 2005-06:
a. Police Helicopter and Hangar Expansion
$2,900,000
Chief A.M Jacocks, Police, advised this helicopter will provide an observation platform enhancing the
ability to make apprehensions of crimes in progress. The real plus with this helicopter is it has the ability
to be configured as an air ambulance with an external hoist to lift rescue individuals out of the water. Thus,
the helicopter can serve as a "back-up" when Nightingale is not available. A "cargo hook" underneath the
helicopter will allow the carrying of a water bucket to extinguish fires in remote areas. The oldest of the two
(2) existing police helicopters will be traded-in.
ITEM # 54563
J,3. Ordinance to APPROPRIATE $10,399,700 from the
City's General Fund and $1,000,000 from the Police
DEA Seized Property Special Revenue Fund to the
following various Capital Projects in FY 2005-06:
b. Various Site Acquisitions
Bil dneck ["oint L.L. C. ReplelliJlltIlent
$5,000,000
The City Manager advised this funding is for replenishing the Various Site Acquisitions Fund.
November 1,2005
- 13-
AGENDA RE VIE W SESSION
ITEM # 54564
BY CONSENSUS, thefollowingshall compose the CONSENT AGENDA:
ORDINANCES/RESOLUTIONS
J.1. Ordinance re EXCESS PROPERTY adjacent to the Fire
Training Center:
a. DECLARE City-owned land at rear of Sea tack Elementary
School as excess property
b, AUTHORIZE the purchase of 9. 3 acres by:
(i) Exchange of a one (I) acre parcel
(ii) Purchase 8.3 acre parcel
J.2. Ordinance to AUTHORIZE a temporary encroachment into
portions of City property and drainage easements, at Lagomar,
adjacent to 2405 BrasUeno Drive, by PATRICK AND
SHAHRZAD KELLER for a bulkhead, dock and boat ramp.
J.3. Ordinance to APPROPRIATE $10,399,700 from the City's
General Fund and $1,000,000 from the Police DEA Seized
Property Special Revenue Fund to the folloWing various
Capital Projects in FY 2005-06:
a, Police Helicopter and Hangar Expansion
b, Various Site Acquisitions
B;, dt.ed 1nOillt L.L. C. RepieIlL";l!flellt
c. Park Playground Renovations - Phase II
d. Computerized Revenue Assessment
and Collection System
e. Road Maintenance - Increase in cost of asphalt
f Economic Development Investment Program
g. Virginia Aquarium Animal Care Annex
Stranding Center Property Acquisition
h. Avalon Woods - Avalon Avenue safety improvements
i, Law Enforcement Training Academy parking lot
enhancements
J.4. Ordinance to APPROPRIATE $864,445 from the
Sheriff's Department Special Revenue Fund and
TRANSFER $61,000 within the FY 2005-06 Sheriff's
Department Operating Budget to provide support as
follows:
a. One time purchases
b. Retirement Fund Contribution
c, Additional part-time Deputies
$2,900,000
$5,000,000
$1,250,000
$ 385,000
$ 272,500
$ 350,000
$1,000,000
$ 150,000
$ 92,200
$ 439,445
$ 425,000
$ 61,000
November 1,2005
- 14-
AGENDA RE VIE W SESSION
ITEM # 54564 (Continued)
J,5. Ordinance to ACCEPT and APPROPRIATE $64,000
from Harbour Development, Inc. (Victoria Park) to
Capital Project #4-004, Open Space Program Site
Acquisition, re the acquisition of land for Open Space
consistent with the Outdoors Plan,
Item J,l,a/b will be DEFERRED INDEFINITELY, BY CONSENT
November 1,2005
- 15 -
ITEM # 54565
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2,l-344(A), Code of Virginia, as amended, for the following purpose:
PERSONNEL MA TTERS: Discussion, consideration or interviews of prospective
candidates for employment, assignment, appointment, promotion, performance,
demotion, salaries, disciplining or resignation of specific public officers, appointees
or employees pursuant to Section 2.2-3711 (A) (1),
To Wit: Appointments: Boards and Commissions:
Agricultural Advisory Committee
Beaches and Waterways Commission
Citizens BRAC Committee
Francis Land House Board of Governors
Governance Committee for Historic Sites
Historical Review Board
Investment Partnership Advisory Committee- PPEA
Personnel Board
Shore Drive Advisory Committee
Wetlands Board (Alternates)
Evaluation of Council Appointees
PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition,
acquisition, or use of real property for public purpose, or of the disposition of
publicly-held property, or of plans for the future of an institution which could affect
the value of property owned or desirable for ownership by such institution pursuant
to Section 2.2-3711 (A)(3).
Disposition/Acquisition of Property
Southeastern Parkway
PUBLIC CONTRACT: Discussion of the award of a public contract involving the
expenditure of public funds, and discussion of the terms or scope of such contract,
where discussion in an open session would adversely affect the bargaining position
or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(30).
Military Affairs Liaison
LEGAL MA TTERS: Consultation with legal counselor briefings by staff members,
consultants, or attorneys pertaining to actual or probable litigation, or other specific
legal matters requiring the provision of legal advice by counsel pursuant to Section
2.2-3711 (A)(7).
BRAC
Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed
into CLOSED SESSION (2:40 P.M.).
November 1,2005
-16 -
ITEM # 54565 (Continued)
Voting: 9-0
Council Members Voting Aye:
Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R, Jones, Richard A.
Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Ron A. Villanueva,
James L. Wood and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan and Peter W. Schmidt
(Closed Session: 2:40 P.M. - 5:25 P.M.)
(Dinner: 5:25 P.M. - 5:55 P.M.)
November 1,2005
-17-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
November 1,2005
6:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, November 1,2005, at 6:00 P.M.
Council Members Present:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones,
Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Ron
A. Villanueva, Rosemary Wilson and James 1. Wood
Council Members Absent:
Reba S. McClanan
[With Husband, Glenn McClanan,
who is undergoing therapy)
Peter W Schmidt
[Out of Country)
INVOCATION: Reverend K. Todd Holt, DD
Pastor, Great Neck Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accountingfirm of Goodman
and Company and is directly and indirectly involved in many of Goodman and Company's transactions.
However, due to the size of Goodman and Company and the volume of transactions it handles in any given
year, Goodman and Company has an interest in numerous matters in which her husband is not personally
involved and of which she does not have personal knowledge, In order to ensure her compliance with both
the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to
thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters
in which she might have an actual or potential conflict. If, during her review she identifies any matters, she
will prepare andfile the appropriate disclosure letter to be recorded in the official records of City Council.
Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27,2004, is
hereby made a part of the record.
Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker
Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of
transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not
personally involved and of which she does not have personal knowledge. In order to ensure her compliance
with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her
practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any
matters in which she might have an actual or potential conflict. If, during her review she identifies any
matters, she will prepare andfile the appropriate disclosure letter to be recorded in the official records of
City Council. Council Lady Wilson regularly makes ths disclosure, Council Lady Wilson's letter of January
27,2004, is hereby made a part of the record.
November 1,2005
- 18-
Item V-E.
CERTIFICATION OF
CLOSED SESSION
ITEM# 54566
Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council,
Voting: 9-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard
A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Ron A,
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan and Peter W. Schmidt
November 1,2005
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 # 54565, page 15, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3711(A) 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.
~;
uth Hodges Smith, MMC
City Clerk
November 1, 2005
- 19-
Item V-F.J.
MINUTES
ITEM #54567
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED the
Minutes of the INFORMAL and FORMAL SESSIONS of October 25, 2005.
Voting: 9-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard
A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan and Peter W Schmidt
November 1,2005
- 20-
Item V-G.
ADOPT A GENDA
FOR FORMAL SESSION
ITEM #54568
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
ADDED: Resolution In Memoriam to Rosa Parks, Civil Rights Pioneer
November 1,2005
- 21 -
V-H.i.
PUBLIC HEARING
ITEM #54569
Mayor Oberndorf DECLARED A PUBLIC HEARING:
EXCESS CITY PROPERTY - Fire Training Center
There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
November 1,2005
- 22-
Item V-J.
ORDINANCES
ITEM # 54570
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED IN ONE
MOTION Items 1 a.b, (DEFERRED INDEFINITELY), 2,3 a-i., 4a.b.c. and 5 of the CONSENT AGENDA.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones,
Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan and Peter W Schmidt
November 1,2005
- 23-
Item V-J.1a/b
ORDINANCES ITEM # 54571
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council DEFERRED
INDEFINITELY:
Ordinance re EXCESS PROPERTY adjacent to the Fire
Training Center:
a. DECLARE City-owned land at rear of Seatack
Elementary School as excess property
b, AUTHORIZE the purchase of9.3 acres by:
(i) Exchange of a one (1) acre parcel
(ii) Purchase 8,3 acre parcel
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones,
Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan and Peter W. Schmidt
November 1,2005
- 24-
Item V-J.2.
ORDINANCES
ITEM # 54572
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED:
Ordinance to AUTHORIZE a temporary encroachment into portions
of City property and drainage easements, at Lagomar, adjacent to
2405 Brasileno Drive, by PATRICK AND SHAHRZAD KELLER for
a bulkhead, dock and boat ramp.
The following conditions shall be required:
1. The temporary encroachment shall be constructed and
maintained in accordance with the laws of the Commonwealth of
Virginia and in accordance with the City's specifications and
approval.
2, The Grantee shall not construct the proposed bulkhead wingwall
including any tie-back system within the 20-foot drainage
easement located along the existing southern property line.
3. The Grantee assumes all responsibility for locating the proposed
bulkhead wingwall adjacent to the existing 20-foot wide drainage
easement (including repairing any damages to the existing storm
drain pipe system).
4. The City will not be responsible for any impact to the proposed
bulkhead wingwall (including due to failure of the existing storm
drain pipe system or due to working within the existing storm
drain easement).
5. The temporary encroachment herein authorized terminates upon
notice by the City to the Grantee, and that within (30) days after
the notice by the City to the Grantee is given, the Temporary
Encroachment must be removed from The Encroachment Area by
the Grantee; and the Grantee will bear all costs and expenses of
such removal,
6. The Grantee shall indemnifY and hold harmless the City, its
agents and employees, from and against all claims, damages,
losses and expenses, including reasonable attorney's fees in case
it shall be necessary to file or defend an action arising out of the
location or existence of the Temporary Encroachment.
7, Nothing herein contained shall be construed to enlarge the
permission and authority to permit the maintenance or
construction of any encroachment other than that specified
herein and to the limited extent specified herein, nor to permit
the maintenance and construction of any encroachment by
anyone other than the Grantee,
November 1,2005
Item V-J.2.
ORDINANCES
- 25 -
ITEM # 54572 (Continued)
8. The Grantee agrees to maintain the Temporary Encroachment so
as not to become unsightly or a hazard.
9. It is further expressly understood and agreed that the Grantee
must obtain a permit from the Office of Planning Department
prior to commencing any construction within The Encroachment
Area.
10, The applicant shall obtain and keep in force all risk property
insurance and general liability or such insurance as is deemed
necessary by the City, and all insurance policies must name the
City as additional named insured or loss payee, as applicable,
The applicant must also carry comprehensive general liability
insurance in an amount not less than Five Hundred Thousand
Dollars ($500,000), combined single limits of such insurance
policy or policies, The applicant must provide endorsements
providing at least thirty (30) days' written notice to the City prior
to the cancellation or termination of, or material change to, any
of the insurance policies. The applicant assumes all
responsibilities and liabilities, vested or contingent, with relation
to the temporary encroachment.
11. The temporary encroachment must conform to the minimum
setback requirements as established by the City,
12, The applicant must submit for review and approval, a survey for
the encroachment area, certified by a registered Professional
Engineer or a licensed Land Surveyor, and/o/as built" plans of
the Temporary Encroachment sealed by a registered Professional
Engineer, if required by either the City Engineer's Office or the
Engineering Division of the Public Utilities Department.
13. The City, upon revocation of such authority and permission so
granted, may remove the temporary encroachment and charge
the cost thereof to the applicant and collect the cost in any
manner provided by law for the collection of local or state taxes;
may require the applicant to remove such temporary
encroachment; and, pending such removal, the City may charge
the applicantfor the use ofsuch portion of the City's right-of-way
encroached upon the equivalent of what would be the real
property tax upon the land so occupied if it were owned by the
applicant; and if such removal shall not be made within the time
specified by the Agreement, the City shall impose a penalty in the
sum of One Hundred Dollars ($100.00) per day for each and
every day that such temporary encroachment is allowed to
continue thereafter; and, shall collect such compensation and
penalties in any manner provided by law for the collection of
local or state taxes,
November 1,2005
- 26-
Item V-J.2.
ORDINANCES ITEM # 54572 (Continued)
Voting: 9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Richard
A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Ron A,
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan and Peter W. Schmidt
November 1,2005
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS
5 INTO PORTIONS OF CITY PROPERTY
6 AND INTO PORTIONS OF DRAINAGE
7 EASEMENTS, BEING KNOWN AS AND
8 LOCATED IN THE CANAL AT
9 LAGOMAR BY PATRICK E. KELLER
10 and SHAHRZAD KELLER, THEIR
11 HEIRS, ASSIGNS AND SUCCESSORS
12 IN TITLE
13
14 WHEREAS, Patrick E. Keller and Shahrzad Keller desire to construct and
15 maintain a bulkhead, dock and boat ramp into the City's property and drainage
16 easements known as and located in the canal at Lagomar located adjacent to 2405
17 Brasileno Drive, Virginia Beach, Virginia.
18 WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2-2107,
19 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
20 City's property and drainage easements subject to such terms and conditions as
21 Council may prescribe.
22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
23 VIRGINIA BEACH, VIRGINIA:
24 That pursuant to the authority and to the extent thereof contained in 99 15.2-
25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Patrick E. Keller and
26 Shahrzad Keller, their heirs, assigns and successors in title are authorized to construct
27 and maintain temporary encroachments for a bulkhead, dock and boat ramp into the
28 City's property and drainage easements as shown on the maps marked Exhibits "A",
29 "B", "C", "D", "E", "F" and "G" entitled: "PROPOSED BULKHEAD, DOCK & BOAT
30 RAMP IN A CANAL @ LAGOMAR," copies of which are on file in the Department of
31 Public Works and to which reference is made for a more particular description; and
32 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly
33 subject to those terms, conditions and criteria contained in the Agreement between the
34 City of Virginia Beach and Patrick E. Keller and Shahrzad Keller (the "Agreement"),
35 which is attached hereto and incorporated by reference; and
36 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
37 is hereby authorized to execute the Agreement; and
38 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
39 time as Patrick E. Keller and Shahrzad Keller and the City Manager or his authorized
40 designee execute the Agreement.
41 Adopted by the Council of the City of Virginia Beach, Virginia, on the
42 1 st day of November ,2005.
43
44 PPROVED AS TO CONTENTS
45 mfs C. ,v, ,v.25CV\
46 NATURE
47 PLD Red [,O-rct'
48 DEPARTMENT
49
50 APPROVED AS TO LEGAL
51 SUFFICIENCY AND FORM
~~ ~~~~~
54
55 CA- <t c-q i
56 PREPARED: 9/27/05
F:IDataIATYtOIDtREAL ESTATEIEncroachmentslpW ordinanceslCA9698 Keller.doc
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LOCATION MAP SHOWING
ENCROACHMENT REQUEST FOR
PATRICK E. AND SHAHRZAD KELLER
GPIN 2424-02-5304
SCALE: 1" - 600'
PREPARED BY PM' ENG. DRAFT. 1o-0CT -2005
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-81l(C) (4)
THIS AGREEMENT, made this 23rd day of September, 2005, by and between
the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and
PATRICK E. KELLER AND SHAHRZAD KELLER, THEIR HEIRS, ASSIGNS. AND
SUCCESSORS IN TITLE, "Grantee", even though more than one.
WIT N E SSE T H:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as Lot 229, as shown on that certain plat entitled:
"SUBDIVISION OF LAGOMAR SECTION 6, PHASE 3, PART B", which plat is recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach in Map Book 238, Pages 36-
39, and being further designated and described as 2405 Brasileno Drive, Virginia Beach,
Virginia 23456;
WHEREAS, it is proposed by the Grantee to construct and maintain a bulkhead,
dock and boat ramp, "Temporary Encroachment", in the City of Virginia Beach;
WHEREAS, in constructing and maintaining the Temporary Encroachment, it is
necessary that the Grantee encroach into portions of existing City Property and Drainage
Easements known as and located in the canal at Lagomar as "The Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit a Temporary
Encroachment within The Encroachment Area.
GPIN: 2424-02-4573 and 2424-02-5304
NOW, THEREFORE, for and in consideration of the premises and of the benefits
accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in
hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the
Grantee permission to use The Encroachment Area for the purpose of constructing and
maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment will be
constructed and maintained in accordance with the laws of the Commonwealth of Virginia and
the City of Virginia Beach, and in accordance with the City's specifications and approval and is
more particularly described as follows, to wit:
A Temporary Encroachment into The Encroachment Area as
shown on those certain plats entitled: "PROPOSED BULKHEAD,
DOCK & BOAT RAMP IN A CANAL @ LAGOMAR", copies of
which are attached hereto as Exhibits "A", "B". "C", "D", "E", "F"
and "G" to which reference is made for a more particular
description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment
from The Encroachment Area in the event of an emergency or public necessity.
It is further expressly understood and agreed that the Grantee shall not construct the
proposed bulkhead wingwall including any tie-back system within the 20-foot drainage easement
located along the existing southern property line.
It is further expressly understood and agreed that the Grantee assumes all responsibility
for locating the proposed bulkhead wingwall adjacent to the existing 20-foot wide drainage
easement (including repairing any damages to the existing storm drain pipe system).
2
It is further expressly understood and agreed that City will not be responsible for any
impact to the proposed bulkhead wingwall (including due to failure of the existing storm drain
pipe system or due to working within the existing storm drain easement).
It is further expressly understood and agreed that the Temporary Encroachment
herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30)
days after the notice is given, the Temporary Encroachment must be removed from The
Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such
removal.
It is further expressly understood and agreed that the Grantee shall indemnify and
hold harmless the City, its agents and employees, from and against all claims, damages, losses
and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an
action arising out of the location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein contained shall
be construed to enlarge the permission and authority to permit the maintenance or construction of
any encroachment other than that specified herein and to the limited extent specified herein, nor
to permit the maintenance and construction of any encroachment by anyone other than the
Grantee.
It is further expressly understood and agreed that the Grantee agrees to maintain
the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain a permit
from the Office of Planning Department prior to commencing any construction within The
Encroachment Area.
3
It is further expressly understood and agreed that the Grantee must obtain and
keep in force all-risk property insurance and general liability or such insurance as is deemed
necessary by the City, and all insurance policies must name the City as additional named insured
or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability
insurance in an amount not less than $500,000.00, combined single limits of such insurance
policy or policies. The Grantee will provide endorsements providing at least thirty (30) days
written notice to the City prior to the cancellation or termination of, or material change to, any of
the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the Temporary Encroachment.
It is further expressly understood and agreed that the Temporary Encroachment
must conform to the minimum setbacks requirements, as established by the City.
It is further expressly understood and agreed that the Grantee must submit for
review and approval, a survey of The Encroachment Area, certified by a registered professional
engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment
sealed by a registered professional engineer, if required by either the City Engineer's Office or
the Engineering Division of the Public Utilities Department.
It is further expressly understood and agreed that the City, upon revocation of
such authority and permission so granted, may remove the Temporary Encroachment and charge
the cost thereof to the Grantee, and collect the cost in any manner provided by law for the
collection of local or state taxes; may require the Grantee to remove the Temporary
Encroachment; and pending such removal, the City may charge the Grantee for the use of The
Encroachment Area, the equivalent of what would be the real property tax upon the land so
occupied if it were owned by the Grantee; and if such removal shall not be made within the time
4
ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One
Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is
allowed to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Patrick E. Keller and Shahrzad Keller, the said
Grantee has caused this Agreement to be executed by their signatures. Further, that the City of
Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City
Manager and its seal be hereunto affixed and attested by its City Clerk.
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
~ d
~J7L-/
atrick E. Keller
~-I/~
'Shahr Keller
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this .;;) 3 day of
, 2005, by
DESIGNEE OF THE CITY MANAGER.
, CITY MANAGER! AUTHORIZED
Notary Public
My Commission Expires:
5
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2005, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA
BEACH.
Notary Public
My Commission Expires:
STATE OF
CITY/COUNTY OF
, to-wit:
The foregoing instrument was acknowledged before me this c:l" 9 day of
~kvD, 2005, by Patrick E. Keller and Shahrzad Keller.
LuuwJ~~
</ Not Public
My Commission Expires: / ~ S II tlg/
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
tJJJj/l~ 4JI11JlM
r'\
S'tlA: (', GfI.H\S~
FtO r~cd E bJan-
DEPARTMENT
X:\Projects\Encroachments\Applicants\Keller - Brasileno Drive - RB\Agreement Encroachment.Fnn.doc
6
ENCROACHMENT:
PROPOSED BULKHEAD
ENCROACHMENT VARIES
FROM g' -6" TO 11'-8",
AREA=820 S.F.
0,
/ f',',
/ / "
-Ef1 ' , ' ,
/ / ' , ' ,
/ PROPOSED '<~>,
31 0' BULK H EAD ' '-.. ' ,
, ,
, ,
, ,
, ,
,
Exhibit "A"
PROPOSED
12'X20' DOCK
&'
-~~'"
. <>~.$-'~
"" ~
<q~
REFERENCED T8
IS TOP OF
BULKHEAD CAP,
EL=4.9'
GRAPHIC SCALE
20' 0
11HHI~
20'
I
40'
40'
I
PROPOSED SITE PLAN
1 "
SCALE: 1"=40'
PROJECT PURPOSE: INSTALL BULKHEAD FOR BANK STABILIZATION
ADJACENT PROPERTY OWNERS:
1) ROBERT WEINBERG
2) KEITH HOPKINS
3) W.E. DOYLE
4) RON KILMER
MLW=O.O'
i. CANA'-7
/
I ~ZL-..
I
I
.(
"~"
""
""
""
""
""
"" /
" ,,~ " /
,,'-I
""
"""
))
/ /
/ /
/ /
/ /
/ /
/ /
8lJlKkAD WINGWALL,
;roP' EL. TO MATCH
M)JACENT GRADE
X
'>"
/ "
S
/
/
PROPOSED
12'X30' BOAT
RAMP
"'-
,
~ INTICATES PHOTO
~ NO. & DIRECTION
VB05-072
REVISED: 9/12/05
PROPOSED BULKHEAD,
DOCK & BOAT RAMP IN A
CANAL @ LAGOMAR
PROJECT LOCATION:
2405 BRASILENO DRIVE
VA BEACH, VA 23456
APPLICANT:
PATRICK KELLER
2405 BRASILENO DRIVE
VA BEACH, VA 23456
DATE: 1/25/05
J
,~v
0~
/;,~
ENCROACHMENT:
PROPOSED BULKHEAD
ENCROACHMENT VARIES
FROM 9'-6" TO 11'-8,
AREA=820 S.F.
ENCROACHMENT
LINE
{J is
~L....i3
o OQj
-..JR;Z
Y(J~
<f (5
U.)...~
Q;):s:
"---- _ MLW---...
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4f1./1.-~SS
/
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z
d
'J
VINYL
FENCE
LOT 230
1) ROBERT WEINBERG
2401 BRASILENO DR.
VA BEACH, VA 23456
GPIN: 2424 02 4405
GRAPHIC SCALE
15' 0 30' 60'
Ho-I~ I I I
1 "=60'
PROJECT PURPOSE:
ADJACENT PROPERTY OWNERS:
1 ) ROBERT WEINBERG
2) KEITH HOPKINS
3) W.E, DOYLE
4) RON KILMER
Exhibit "B"
/
I
LCA"?
LOT 78
4) RON KILMER
---Z--e!!l:
2-SlY BRICK
#2405
BRASILENO DR.
BRASILENO DR.
EXISTING SITE PLi\N
SCALE: 1"= 60'
MLW=O.O'
LOT 79
I
3) W.E. DOYLE
805 COSTA GRANDE DR.
VA BEACH, VA 23456
GPIN: 2424 02 6165
/
/
'#
~
, v~
<:)(~
,," ~.
@
CONC. STORM
PIPE
WOOD
FENCE
20' DRAINAGE
EASEMENT
PROJECT ACCESS
THRU EXIST.
DRIVEWAY
LOT 228
2) KEITH HOPKINS
2409 BRASILENO DR.
VA BEACH, VA 23456
GPIN: 2424 02 3177
BANK
f'"
9'/ ""
\ 76" TOP OF
~ BANK ""
\ CONST.~" "
\ LIMITS "
"'t- \ LOT 229""
6' \
~ \
?..i \
o~ \
("\ \
?\ \
~ \\
~.\ \
~\
\\
\)- -It -
L=55.86'
R=50.00'
VB05-072
REVISED: 9/12/05
PROPOSED BULKHEAD,
DOCK & BOAT RAMP IN A
CANAL @ LAGOMAR
PROJECT LOCATION:
2405 BRASILENO DRIVE
VA BEACH, VA 23456
APPLICANT:
PATRICK KELLER
2405 BRASILENO DRIVE
VA BEACH, VA 23456
DATE: 1/25/05
/'- " Exhibit "C"
/ ('--"",,
~ / ""
/ / " " " " ----- Z '---->.
/ / " <., "
/ / " " " "
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" "
" " /
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PROPOSED DOCK " "
""
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".
"
ENCROACHMENT
LINE
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log
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G
DIMENSIONS
FROM TO LENGTH
POINT POINT
A B 77'-6"
18' HOUSE
B C
C D 35'
D E 74'
E F 105'-6"
TOTAL BULKHEAD=310'
VB05-072
REVISED: 9/12/05
PLAN
SCALE: 1 "=40'
PROJECT PURPOSE: INSTALL BULKHEAD FOR BANK STABILIZATION
ADJACENT PROPER1Y OWNERS:
1) ROBERT WEINBERG
2) KEITH HOPKINS
3) W.E. DOYLE
4) RON KILMER
MLW=O.O'
/
/
/ /
/ /
/ /
/
X
'>,
/ '-
1" =
PROPOSED BULKHEAD,
DOCK & BOAT RAMP IN A
CANAL @ LAGOMAR
PROJECT LOCATION:
2405 BRASILENO DRIVE
VA BEACH, VA 23456
APPLICANT:
PATRICK KELLER
2405 BRASILENO DRIVE
VA BEACH, VA 23456
DATE: 1/25/05
-~
Exhibit "'D"
NOTES:
1. ALL WOOD (PILING & FRAMING) TO BE TREATED (2.25
PCF, CCA) , DECKING (O.4PCF)
2. ALL HARDWARE TO BE HOT DIP GALVANIZED.
3. KEEP DISTURBANCE OF GRASSED AREAS TO A MINIMUM.
ACCESS THE PROJECT SITE AS SHOWN ON SHEET 2.
4. SEED ALL DISTURBED GROUND SURFACES.
5. INSTAll 36" HIGH SilT FENCE SEAWARD OF ALL
DISTURBED AREAS AT CONCLUSION OF EACH WORK DAY,
EMBED 4" HORIZONTALLY AND 4" VERTICALLY AND
PROPERLY MAINTAIN.
6. REMOVE EXIST. BRUSH & TREES AS REQUIRED FOR
BULKHEAD INSTALLATION.
Cl...
o
f0-
e.:>::>::
zZ
-<(
tnro
XLL
wO
SILT FENCE
FINISH GRADE,
SLOPE TO DRAIN
l' MIN. COVER
OVER PILE ~ EXIST. GRADE
f\
\ \ l'
\ ~5'
~
SEE NOTE 6 ~
/ BACKFilL
*" DIAM. TIE
RODS @ EACH
PilE
FilTER
15' :f:
a" DIAM. X 10':1: LONG
BATTER PilE, lYP. @
EACH TIE ROD
PROPOSED 2"X10" T&G
TIMBER BULKH EAD, 50%
EMBEDMENT, MIN.
VB05-072
REVISED: 9/12/05
PROPOSED BULKHEAD
SCALE: 1/4"=1'
PROJECT PURPOSE: INSTALL BULKHEAD FOR BANK STABILIZATION
ADJACENT PROPER1Y OWNERS:
1 ) ROBERT WEINBERG
2) KEITH HOPKINS
3) W,E. DOYLE
4) RON KILMER
MLW=O.O'
NOTE: TBM EL.=4.9',
EAST CORNER OF
ADJACENT BULKHEAD
2"X8" CAP WI 2-20d
NAILS @ 2' O.C.
%" DIAM. BOLTS @
MIDPOINT BETWEEN PILES
_ _ TOP OF BULKHEAD
EL.=6.0'
2-2"xa" WAlER
2"X8" CONT.
2-2"X8" WALER
- - - - MHW=2.0'
- - - MLW=O.O'
PROPOSED WOOD PILES,
8" DIAM. @ 5'-4" O.C.,
EMBED 50%, MIN.
GRAPHIC SCALE
o 2' 4'
Ho<I~~j....I~
1/4" =1'-0"
PROPOSED BULKHEAD,
DOCK & BOAT RAMP IN A
CANAL @ LAGOMAR
PROJECT LOCATION:
2405 BRASILENO DRIVE
VA BEACH, VA 23456
APPLICANT:
PATRICK KELLER
2405 BRASILENO DRIVE
VA BEACH, VA 23456
DATE: 1/25/05
NOTES:
1. ALL WOOD (PILING & FRAMING) TO BE
TREATED (2.25 PCF, CCA), DECKING (O.4PCF)
2. ALL HARDWARE TO BE HOT DIP GALVANIZED
PER ASTM A 153.
3. TOE NAIL JOISTS TO STRINGERS @ EACH
BEARING POINT
4. NAIL DECKING @ EACH JOIST W/ 2-16d
NAILS, 1/8" OPEN JOINTS
4. USE 5/8" THRU BOLTS W/ OGEE & PLATE
WASHERS TO SECURE STRINGERS TO PILES.
Exhibit "E"
5/8" DIAM. THRU
BOLT W/ OGEE &
PLATE WASHERS, TYP.
8'
STEPS
2X6" DECKING,
TYP.
EL.=6.0'
- MLW-O.O'
PROPOSED BULKHEAD.
SEE SHEET 5
WOOD PILES, 8" DIAM. @ 8':f:
O.C., 50% MIN.PENETRATION,
TYP.
EXIST. BOTTOM
PROPOSED
DOCK
SCALE: 1/4"=1'
GRAPHIC SCALE
VB05-072
REVISED: 9/12/05
o ~ ~
HwI j..j ~ \>-.I \>-.I
1/4" =1'-0"
PROJECT PURPOSE: INSTALL BULKHEAD FOR BANK STABILIZATION
1) ROBERT WEINBERG
2) KEITH HOPKINS
3) W.E. DOYLE
4) RON KILMER
PROPOSED BULKHEAD,
DOCK & BOAT RAMP IN A
CANAL @ LAGOMAR
ADJACENT PROPER1Y OWNERS:
MLW=O.O'
PROJECT LOCATION:
2405 BRASILENO DRIVE
VA BEACH. VA 23456
APPLICANT:
PATRICK KELLER
2405 BRASILENO DRIVE
VA BEACH, VA 23456
DATE: 1/25/05
EXISTING CONC.
DRIVEWAY, EL=7.6'
PROPOSED 6" THICK
CONC. RAMP, SEE
SECTION B. SHEET 9
Exhibit "F"
24'
PROPOSED WINGWALL.
SEE SECTION B.
SHEET 8
8'
EL=6.0'
:.-.
MHW=2.0'
MLW=O.O'
v~y
EXIST. BOTIOM
ELEVATION-PROPOSED BOAT RAMP
VB05-072
REVISED: 9/12/05
SCALE: 1/8"=1'
PROJECT PURPOSE: INSTALL BULKHEAD FOR BANK STABILIZATION
ADJACENT PROPERTY OWNERS:
1) ROBERT WEINBERG
2) KEITH HOPKINS
3) W.E, DOYLE
4) RON KILMER
MLW=O.O'
GRAPHIC SCALE
o 4' 8'
H-HoI 1--<1 1--<1 H
1/8" =1'-0.
PROPOSED BULKHEAD,
DOCK & BOAT RAMP IN A
CANAL @ LAGOMAR
PROJECT LOCATION:
2405 BRASILENO DRIVE
VA BEACH. VA 23456
APPLICANT:
PATRICK KELLER
2405 BRASILENO DRIVE
VA BEACH, VA 23456
DATE: 1/25/05
~XCAVATE AND REMOVE TO
AN APPROVED DISPOSAL AREA 7
Exhibit "G"
NOTE: INSTALL DIAGONAL
TIE ROD @ CORNER
BETWEEN WINGWALL &
8' BULKHEAD
EXIST. GRADE
WOOD PILES, 8"
DIAM, @ 6':1: O,C.,
50% EMBEDNENT,
lYP.
EL. VARIES
3' COVER, TYP,
. = .; ..~ :;.'~: :.: '.: .~ ~ ~-1<.~ .:~.; ".)(';.4 :.:~.. .~.~:: ~)~ ':: 5( ~. ':"~'~. .~. X' ~ .'~~~:; X: .r: : . ::'.- ';:,,: .... :,- .'~~ ..
~~~~v'
6" LAYER OF
CRUSHED STONE
PROPOSED 6" THICK CONCRETE RAMP W/
4X4-W4W4 REINF. MIN, 3,000 PSI
CONCRETE W/ 2" SLUMP, RAKE FINISH,
PROVIDE EXPANSION JOINT @ MIDPOINT
W/ 1/2" PREMOLDED JOINT FILLER
12'
PROPOSED 2"X10" T&G
WOOD SHEETPILE WINGWALL,
50% EMBEDMENT, lYP.
PROPOSED BOAT RAMP
SCALE: 3/8"=1'
VB05-072
REVISED: 9/12/05
PROJECT PURPOSE: INSTALL BULKHEAD FOR BANK STABILIZATION
ADJACENT PROPER1Y OWNERS:
1) ROBERT WEINBERG
2) KEITH HOPKINS
3) WE DOYLE
4) RON KILMER
MLW=O.O'
ALL DISTURBED
AREAS TO BE
SEEDED, TYP.
2-2X8" WALER,
TYP.
GRAPHIC SCALE
2'
I I
=1'-0"
l' 0
r-H~
3/8"
PROPOSED BULKHEAD,
DOCK & BOAT RAMP IN A
CANAL @ LAGOMAR
PROJECT LOCATION:
2405 BRASILENO DRIVE
VA BEACH, VA 23456
APPLICANT:
PATRICK KELLER
2405 BRASILENO DRIVE
VA BEACH, VA 23456
DATE: 1/25/05
It
.,
-27-
Item V-J. 3. a-i.
ORDINANCES
ITEM # 54573
Edward L. Hardin, 5804 Hamlet Road, Phone: (757) 420-3105, spoke in support of Avalon Avenue safety
improvements. There are over four hundred fifty (450) homes in the neighborhood and all residents have
agreed to the project, either verbally or in writing.
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED:
OrdinancetoAPPROPRIATE $10,399, 700from the City's General Fund
and $1,000,000 from the Police DEA Seized Property Special Revenue
Fund to the following various Capital Projects in FY 2005-06:
a. Police Helicopter and Hangar Expansion
b. Various Site Acquisitions
Bil dlleck Iu;nt L.L. C. Replenishment
c. Park Playground Renovations - Phase II $1,250,000
d. Computerized Revenue Assessment
and Collection System
e, Road Maintenance - Increase in cost of asphalt
f Economic Development Investment Program
g. Virginia Aquarium Animal Care Annex
Stranding Center Property Acquisition
h. Avalon Woods - Avalon Avenue safety improvements
i, Law Enforcement Training Academy parking lot
enhancements
Voting:
9-0 (By Consent)
Council Members Voting Aye:
$2,900,000
$5,000,000
$ 385,000
$ 272,500
$ 350,000
$1,000,000
$ 150,000
$ 92,200
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard
A. Maddox, Mayor Meyera E, Oberndorf, Jim Reeve, Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan and Peter W Schmidt
November 1,2005
1 AN ORDINANCE TO APPROPRIATE $10,399,700 OF
2 FUND BALANCE FROM THE GENERAL FUND AND
3 $1,000,000 OF FUND BALANCE FROM THE DEA SEIZED
4 PROPERTY SPECIAL REVENUE FUND TO VARIOUS
5 CAPITAL PROJECTS IN FY 2005-06 CAPITAL BUDGET
6
7
8 WHEREAS, funding of $10,399,700 is available in Fund Balance
9 from the General Fund and $1,000,000 is available in Fund Balance
10 from the DEA Seized Property Special Revenue Fund.
11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA:
13 (1) That Capital Project #2-035, Avalon Woods-Avalon Avenue,
14 is hereby established in the FY 2005-06 Capital Budget and Capital
15 Project #3-027, Law Enforcement Training Academy, is hereby re-
16 established in the FY 2005-06 Capital Budget.
17 (2) That $1,900,000 of Fund Balance from the General Fund and
18 $1,000,000 of Fund Balance from the DEA Seized Property Special
19 Revenue Fund are hereby appropriated to Capital Project #3-227,
20 Police Helicopter Replacement and Hangar Expansion, for the
21 replacement of one helicopter and for the expansion of the current
22 hangar, with local revenue increased accordingly.
23 (3) That $8,499,700 of Fund Balance from the General Fund is
24 hereby appropriated in the amounts and for the purposes set forth
25 below, with local revenue increased accordingly.
26
(a) $5,000,000 to Capital Project #3-368, Various Site
27
Acquisitions, to replenish the project for recent property
28
purchases;
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
(b) $1,250,000 to Capital Project #4-024 Park Playground
Renovations Phase II, to replace obsolete playground
equipment;
(c) $385,000 to Capital Project #3-200 Revenue Assessment
and Collection System, to convert property sketches in the
Real Estate Assessor's Office to a format compatible with the
new computer system;
Capital Project #2-284
for additional funding
(d) $272,500 to
Pavement
for road
Maintenance Program,
maintenance;
(e) $350,000 to Capital Project #9-141 Economic
Development Incentive Program, to enhance and attract economic
development to the City;
(f) $1,000,000 to Capital Project #3-292, Virginia
Aquarium Animal Care Annex, to purchase 38 acres for a new
Stranding Center;
(g) $150,000 to Capital Project #2-035, Avalon Woods-
Avalon Avenue, for engineering and design for 3,600 feet of
road in Avalon Woods; and
(h) $92,200 to Capital Project #3-027, Law Enforcement
Training Academy, for parking lot improvements.
Adopted by the Council of the City of Virginia Beach,
Virginia,
the 1 st
of November
2005
day
on
2
Approved as to Content:
~~ll
Management Services
CA9782
H:\PA\GG\OrdRes\Fund Balance ORD
R-3
October 21, 2005
Approved as to Legal
Sufficiency:
'- ltUro C ( ~!.vr
City Attorney's ffice
3
- 28-
Item V-J.4.a/b/c
ORDINANCES
ITEM # 54574
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED:
Ordinance to APPROPRIATE $864,445 from the Sheriff's Department
Special Revenue Fund and TRANSFER $61,000 within the FY 2005-06
Sheriff's Department Operating Budget to provide support as follows:
a. One time purchases
b. Retirement Fund Contribution
c. Additional part-time Deputies
$ 439,445
$ 425,000
$ 61,000
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard
A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Ron A.
Villanueva, Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan and Peter W Schmidt
November 1,2005
1 AN ORDINANCE TO APPROPRIATE $864,445 FROM THE
2 FUND BALANCE OF THE SHERIFF'S DEPARTMENT
3 SPECIAL REVENUE FUND AND TRANSFER $61,000
4 WITHIN THE FY 2005-06 SHERIFF'S DEPARTMENT
5 OPERATING BUDGET
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8
(1) That $864,445 is hereby appropriated from the fund
9 balance of the Sheriff's Department Special Revenue fund to the
10 Sheriff's Department Operating Budget, with $36,200 allocated to
11 vehicles, $403,690 allocated to miscellaneous equipment and
12 $424,555 allocated to the Sheriff's Supplemental Retirement System.
13
(2) That revenue from Fund Balance is hereby increased by
14 $864,445.
15
(3) That $61,000 is hereby transferred within salary accounts
16 to accommodate hiring part-time deputies.
17 Adopted by the Council of the City of Virginia Beach, Virginia
18 on the
1st
day of November
2005.
APPROVED AS TO CONTENT:
APPROVED AS
SUFFICIENCY:
TO
LEGAL
])~!3~ 4 LCi1-
Management Services
" JtJiJ1{2 t i - 1.taLv.
City Attorney' OfITce
CA9780
H:\PA\GG\OrdRes\Sheriff's Dept. Expenses ORD
R-3
October 21, 2005
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- 29-
Item V-J.5.
ORDINANCES
ITEM # 54575
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE $64,000 from Harbour
Development, Inc. (Victoria Park) to Capital Project #4-004, Open Space
Program Site Acquisition, re the Acquisition of Land for Open Space
consistent with the Outdoors Plan.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Richard
A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan and Peter W. Schmidt
November 1,2005
1
2
3
4
5
AN ORDINANCE TO ACCEPT AND APPROPRIATE $64,000
FROM HARBOUR DEVELOPMENT, INC. TO CAPITAL
PROJECT #4-004, OPEN SPACE PROGRAM SITE
ACQUISITION, FOR THE ACQUISITION OF LAND FOR
OPEN SPACE CONSISTENT WITH THE OUTDOORS PLAN
6
WHEREAS, Harbour Development, Inc., the developer of the
7 Victoria Park subdivision, has submitted $64,000 to the City in
8 accordance with proffers made for a conditional rezoning
9 application approved by the City Council on March 4, 2003.
10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
11 VIRGINIA BEACH, VIRGINIA:
12 That $64,000 is hereby accepted from Harbour Development, Inc.
13 and appropriated to Capital Improvement Project #4-004, "Open Space
14 Program Site Acquisition," for the acquisition of land for open
15 space, with revenue from local sources increased accordingly in the
16 FY 2005-06 Capital Improvement Budget.
17 Adopted by the Council of the City of Virginia Beach,
18
Virginia, on the 1st
day of November
, 2005.
Requires an affirmative vote by a majority of the members of
the City Council.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY
j;JQ~[t
Management Services
CA9781
H:\PA\GG\OrdRes\Victoria
R-3
October 21, 2005
,. ja~ 1'1- ~UA
City Attorney's fflce
Park ORD
;:i'!~
HARBOUR DEVELOPMENT, INC.
308 Cedar Lakes Drive
Chesapeake, Virginia 23322
Telephone: (757) 382-4155
Facsimile: (757) 382-9702
September 20, 2005
Mr. James C. Pearce
DSC Project Coordinator
Planning Department I Development Services Center
Municipal Center
Building 2, Room 115
2405 Courthouse Drive
Virginia Beach, VA 23456-9040
Re: Subdivision of Victoria Park
North Landing Road, Virginia Beach, VA
DSC File # 112-621
Dear Mr. Pearce:
Pursuant to comment #9 in your letter to Timothy M. Fallon, L. 5., dated
August 3, 2005, and per proffers, enclosed please find check #1085 drawn on the
account of Harbour Development, Inc., in the amount of Sixty-Four Thousand and
00/100 Dollars ($64,000.00), payable to the City of Virginia Beach, representing
payment in full of the $1,000.00 per lot fee for open space preservation. This
payment in also a requirement toward the final subdivision plat going to record.
Thank you for your assistance in this matter. If you have any questions or
concerns, or need additional information, please contact me.
Very truly yours,
--e~
Robert R. Kinser
RRK:mmi
Enclosure
cc: Mr. Timothy M. Fallon (w/out encl.)
- 30-
Item V-K.l.
RESOLUTION
ITEM # 54576
ADDED
Upon motion by Councilman Villanueva, seconded by Council Lady Wilson, City Council ADDED to the
Agenda:
Resolution In Memoriam to Rosa Parks, Civil Rights Pioneer
Voting: 9-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard
A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan and Peter W. Schmidt
November 1,2005
- 31 -
Item V-K.1.
RESOLUTION
ITEM # 54577
Upon motion by Councilman Villanueva, seconded by Councilman Dyer, City Council ADOPTED:
Resolution In Memoriam to Rosa Parks, Civil Rights Pioneer
This Resolution shall be forwarded to the NAACP (National Association for the Advancement of Colored
People), The Urban League and the Human Rights Commission.
Voting: 9-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Richard
A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan and Peter W. Schmidt
November 1,2005
1
2
3
4
5
A RESOLUTION EXPRESSING APPRECIATION
FOR THE LIFE AND WORKS OF CIVIL
RIGHTS PIONEER ROSA PARKS
WHEREAS, on December 1, 1955, Rosa Louise Parks was arrested
6 for refusing to give up her seat in the "colored" section of a
7 Montgomery, Alabama bus to a white man on the orders of the bus
8 driver because the "white" section was full;
9 WHEREAS, historians consider her actions on that day to be the
10 beginning of the modern-day Civil Rights Movement in the United
11 States;
12 WHEREAS, the arrest of Rosa Parks led African Americans and
13 others to boycott the Montgomery city bus line until the buses in
14 Montgomery were desegregated;
15 WHEREAS, the 381-day Montgomery bus boycott encouraged other
16 courageous people across the United States to organize in protest
17 and demand equal rights for all;
18 WHEREAS, the fearless act of civil disobedience displayed by
19 Rosa Parks and others resulted in a legal challenge to Montgomery's
20 segregated public transportation system which subsequently led to
21 the United States Supreme Court affirming a district court decision
22 that held that Montgomery segregation codes denied and deprived
23 African Americans of the equal protections under the law;
24 WHEREAS, the movement that Rosa Parks helped launch changed
25 our country, and her actions have given hope and inspiration to
26 those who have fought, and continue to fight, for civil and human
27 rights;
28 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
29 VIRGINIA BEACH:
30 That the City Council hereby expresses its appreciation for
31 the life and works of civil rights pioneer Rosa Parks.
32
Adopted by the Council of the City of Virginia Beach,
33
Virginia, on the
1 st
day of November
, 2005.
APPROVED AS TO LEGAL SUFFICIENCY
Z~
City Attorney~Ce
CA-9793
H:/P&A/OrdRes/Rosa Parks RES.doc
November I, 2005
R-l
- 32-
Item V-L.
APPOINTMENTS
ITEM # 54578
BY CONSENSUS, City Council RESCHEDULED:
BEACHES and WATERWAYS COMMISSION
GOVERNANCE COMMITTEE FOR HISTORIC SITES
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA
WETLANDS BOARD (Alternates)
November 1,2005
- 33-
Item V-L.l.
APPOINTMENTS
ITEM # 54579
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Diane F. Horsley
Unexpired Term - 09/30/07
AGRICULTURAL ADVISORY COMMISSION
Voting: 9-0
Council Members Voting Aye:
Harry E, Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Richard
A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan and Peter W. Schmidt
November 1,2005
- 34-
Item V-L.2.
APPOINTMENTS
ITEM # 54580
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Kent Little
Frederick J. Napolitano
No Terms
CITIZEN BRAC COMMITTEE
Voting: 9-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard
A. Maddox, Mayor Meyera E. OberndorJ, Jim Reeve, Ron A,
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan and Peter W. Schmidt
November 1,2005
- 35 -
Item V-No
ADJOURNMENT
ITEM # 54581
Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:14 P.M.
Q~____!2:_~7_!~
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
~-~:..
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
After ADJOURNMENT, Public Comments relative Non Agenda Items were heard (6:21 P.M.)
November 1,2005
- 36-
PUBLIC COMMENTS
Non Agenda Items
Joe Ferrara, 209 Che/tenham Drive, Phone: 572-9236, represented residents in the APZ1 at Cheltenham
Square, Nottingham Estates and Gatewood, and requested City Council vote NO concerning condemnation
of homes, Mr, Ferrara is a Member - Citizen BRAC Committee
Daniel Baxter, President - Council of Civic Organizations, 2001 Drumheller Court, Phone: 495-7224,
expressed appreciation to Mayor Oberndorf, Councilman Dyer and the City Manager for attending the
Community Connections Conference on Saturday, October 29, 2005, in the Convention Center. The event
was well attended by over 100 citizens and approximately 20 City Manager's staff Mr. Baxter extended
a special thanks to Betsy McBride - Media and Communications, This event was the brainchild of Susi
Thompson, Treasurer - Council of Civic Organizations
November 1,2005