APRIL 01, 2003 AGENDACITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
AM YDR MEYERA E OBEJWD ORF At Large
I S M4F R LOUIS R JONES Bay"e Damel 4
HAMY Z D=EL KempsvWe Disact
"GAXETL EVE Czwervdk Dirt !
RERA S McCUMAN loose Hall District 3
R!CH.4RD A AmDDOx Beach i-twer
JIM REEVE Princess Anne Distrier
PETER W SCHAUD7 Al Lam
RONA VILUNUEVA Al Large
ROSEA ARY ALSO V At Large
J4A,ffS L WOOD Lynnhown Diana 5
CITY C01JNCEL AGENDA
JAMES K SPORE City Mumgu
LESLIE L LELLEY Curr Aftornev
RUTH H DOGES SNMI4.MM City Clerk
E I CITY MANAGER'S BRIEFINGS
A
I April 2003
C177 HALL B LULDI VG 1
2401 COUP THO USE DRIVE
;7RGINL4 BEACH ;7RGNIA 234J6-80051
PHOS (757) 4274303
FAX (757) 426-5669
E MML Ctvcncl vbgov court
- Conference Room - 2 30 Al i
CONVENTION AND VISITOR DEVELOPMENT BUSIlVESS PLAN
James B Ricketts, Director, Department of Convention and Visitor Development
B LCOMNMRCIAL PARKING LOT IlvlPROVEMENTS
Karen Lasley, Zoning Admuustratar
II REVIEW OF AGENDA ITEMS
I III CUUNCIL LIAISON REPORTS
INFORMAL SESSION - Conference Room - 5 30 Phi
CALL TO ORDER - Mayor Mey ra E Obemdorf
ROIL CALL OF CITY CUNC
C RECESS TO CLOSED SESSION
CERTIFICATION OF CLOSED SESSION
E CITY COUNCIL INFORMAL DISCUSSION
VI FORMAL SESSION
A CALL TO ORDER - Mayor M cera E Obmmdorf
INVOCATION Jimmy Bennett, Pastor
Avalon Church of Christ
- Councd Chamber - 6 00 PI S
C PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ELECTRONIC IIC ROLL CALL OF CrrY COUNCIL
TES
I INFORMAL AND FORMAL SESSIONS March 25, 2003
F AGENDA FOR FORMIAL SESSION
G CONSENT AGENDA
H PRESENTATION
1 RESOURCE MANAGEMENT PLAID FISCAL YEAR 2003-2044
City's Proposed Operating Budget - "Community for a Life Time"
James K Spore, City Manager
I PUBLIC HEARING
1 AGRICULTURAL RESERVE PROGRAM (ARP) -Stowe Road
3 GRIN AN CLS
1 Ordinance to AUTHORIZE the acquisition of Agricultural Reserve Preservation (ARP)
easement and Issuance of contract obligations for 41 $1 acres at Stowe Road in behalf of
Wilmer H Aygarn for $188,231 (Installment Agreement 2003-54)
(DISTRICT 7 -PRINCESS ANNE)
2 Ordinance to AUTHORIZE the City Manager to enter into a contract for Fiscal Years
2043 and 2004 with Cherry, Bekaert &Holland LLP for an independent audit of the City
of Virguva Beach and the Development Authority at a cast of $144,480, AUTHORIZE the
City Manager to contract for one (1) year renewals as appropnahons are available, and, the
increase for future years is not to exceed that of the Consumer Pace Index (CPI)
K APPOINTMENTS
PARKS AND RECREATION COAMSSION
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC)
L UNFIMS D BUSINESS
M NEW USINESS
N ADJOURNMENT
2003
Tune
Resource Management Schedule
April 1
6 00 pm
Presentation to City Council of FY 2403-04 Proposed Resource Management
Schedule
Apnl 8
Econonuc Vitality and Caltural and Recreational Opo1 LLLLa1# es RMP
Workshop
Apt l 15
3 00 pm to 6 O pm
Quality Education and Lifelong eaminINT Workshop
Apnl 22
Quality Organization 111P Workshop
Apnl 24
2 00 pm to 5 00 pm
Safe Commumty I NO Workshop
April 24
6 00 pm
Public H arrng - Proposed FY20031-04 Resort Management Planning - Kellen
High School - 6 00 P M
pnJ 29
Quality Ay ical Environment
May 1
2 oo to 5 00 pm
Fanuly and Youth oppoxtmtles RW Workshop
May 1
6 00 pm
Public Heann -Proposed FY Resort Management Planner - City Council
h.arnber 6 00 P
May 6
Reconcihation Workshop
May 13
6 00 pm
City Council ADOPTION F 2003-04 Resort Management Plan
City Council, in trying to be more responsive to the
reds of citizens who attend the meetings, has adopted the
ollo ing time limits for future Formal Sessions
Applicant or Applicant's 10
Representative ]I mutes
Attorney or Representature for
10
Opposition
mutes
Other Speakers - each
Minutes
Applicant s rebuttal
imijoutes
THESE TIMES WILL BE STRICTLY ADHERED
T
If you are physically dsabled or vvisually impatred
and need assistance at this meeting
please call the CITY CLERK S OFFICE at 4274303
Ekartag impatrK call TDD only 4274305
(TDD Telephonic Device for the Deaf)
Agenda 1 1103/gw
w%%r%v vbgov com
I CITY MANAGER'S AGE 'S BRIEFINGS
- Conference Zoom - 2 30 AM
CONVENTION AND 'ISITOR DEVELOPMENT BUSINESS PLAN
,Tames B Facketts. Director, Department of Convention and Visitor Development
COMMERCIAL PANG LOT IMPROVEMENTS
Daren Lley, Zoning Admarustrator
11 REVIEW OF AGENDA ITEMS
III COUNCIL LLAISON REPORT'S
W CITY COUNCIL COMMENTS
li V INFORMAL SESSION
CALL TO ORDER - Mayor Meyera E Oberndorf
ROLL CALL OF CITY COUNCIL
C RECESS TO CLOSED SESSION
CERTIFICATION CLOSED SESSION
- Conference Room - 5 30 PVI
U
4.
�r Cts
0", oust
11roatuttatt
CER'TIFICAT'ION of CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHERJEAS The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the
affirmative vote recorded here and in accordance vnth the provisions of The
Virginia Freedom of Information Act, and,
VIILR
S Section 2 2-3712of the Code of Virgiwa requires a certification by the
gove nun bodv that such Closed Session was conducted m eonfornut with Virginia Lave.
NOW, THEREFORE, L IT RESOLVED That the Virginia Beach Cite Council
hereby vF ee rti ie that, to the best of each meter' knowledge, only public business matters
111v exempted from p
cn Meeting requirements by virgaua Law were discussed in Closed
Session to
which thus 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 virgirna Beach City Council
CITY COUNCIL INFORM kL DISCUSSION
VI FORMAL SESSION - Councd Chamber - 6 00 PM
CALL TO ORDER - Mayor Meyera E Oberndorf
INVOCATION Jimmy Bennett, Pastor
Avalon Gini of Cst
C PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D ELECTRONIC ROLL CALL OF CITY COUNCIL
E MINUTES
I INFORMAL AND FORMAL SESSIONS March 25, 2003
F AGENDA FOR P SESSION
G CONSENT AGENDA
H PRESENTATION
1 RESOURCE MANAGEMENT A EM., NT PLAN FISCAL YEAR 2003-2004
City's Proposed Operating Budget - "Co r i - auruty for a Life Tyne"
James K Spore, City Manager
I
PUBLIC HEARING
AGRICULTURAL RESERVE PROGRAM (ARP) -Stowe Road
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A
IFS BION SdrMy,1& h 161.2003
AM DBNM
MOTI F P1 `� THE EXE+CU 1
OF PWASREENOM FOR WE
AOil RT PROP BY
BY
ACQkJMWN TRECOY Bim+ VjRWN
Na Sven that the Cdy Goes li of r s� M
Beach rrg�n+a �lltr nt P se �ggrwm nts for the a
tiotion a to the exew-
den y jard p e8Sernerrt5 WOrespect to 1Srbd
jocmd of on �lR in the C4 of VUVM BeWh lturld rids Pres -
ant to rnar�ce No 95-72319 Own as the �
err�tlon Crdinen r�tu�c` �� a��a� �t� and
m
for the Of u mland (b) pawn open ces and
enoourag t +e r+e�se+ atr and protea a rally
the ar s rural rMuk-ft { nd deW the need for manor lnfrast
seas m; m res expilr rt i Of 1 It ros r sen
u pmvem s and je) a slst In hapsng" � direcU01" acrd
timingof con+itY
de�eloprsumt- Smh easements M1 be pur
chased pursuant intathmerrt pur&awerw pneed 10M �vents for an esti
Tne Cray s oblgatn to
p � p e under te irfssa[Inerit Par se A
`s
general Wpon o" -City wd the full nd the
�lrrNEed tsxlrlg p Rw� be o�oably � e
balance of the purchaon the �npard
purterafpnwpal payrrrerrt r,nd � wtn�the scene reso-
se price
bvo become due and parable. The Public HeWW9 whIc h rr2y be
contimied or adau a �� On, Apel 1
vAll be t y the Ckthe 2nd
rrd
2003 at 6 00 p m in the C'sty OUnCil r located on
n
Boor of the Cay Hall 8utld+r 201 o a r 8M be
Beach
ViVnia Any persons interested .n thus matter may P
heard CITY OF VIRGINIA BEACH ViR INIA
Putti No es Smith MMC
CrtyClef*
Beacon March 1,ra and March 23 2003
10205354
ORDINANCES
Ordinance to AUTHORIZE the acquisition of Agricultural Reserve Preservation (ARP)
easement and issuance of contract obligations for 4181 acres at Stowe Road in behalf of
Wilmer H Aygarn for $18$,231 (Installment Agreement 2003-54)
(DISTRICT 7 -PRINCESS ANNE)
Ordinance to AUTHORIZE the Cit Manager to enter into a contract for Fiscal Years
2003 and 2004 with Cherry*, Bekaert & Holland LLP for ars independent audit of the Cite
of Virginia Beach and the evelopmentuthonh, at cost o 144,480, AUTHORIZE the
it F Manager to contract for one 1 year renewals as appropriations are available, and, the
increase for future years is not to exceed that of the Consumer Pace Index (CPI)
rt�
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM An Ordinance Authorizing the Acquisition of an Agricultural Land
Preservation Easement and the Issuance by the City of its Contract
Obligations in the Maximum Amount of $188,231 (Property of Wilmer H
Aygarn)
MEETING DATE April 1, 2003
■ Background fin May, 1995, the Agricultural Lands Preservation ordnance (the
"Ordinance was adopted by the city Council for the purpose of promoting and
encouraging the preservation of farmland in the rural southern porton of the city Under
the Agricultural Reserve Program established by the Ordinance, the City purchases the
development rights of eligible parcels of land, leaving the fee simple ownership of the land
unchanged These purchases are embodied by perpetual agricultural land preservation
easements pursuant to which only agricultural uses, as defined in the Ordinance,, are
allowed on the land
The subject property has been appraised by an independent appraiser retained by
the City The appraiser has determined the fair market value of the property, based upon
eighteen (18) comparable sales From the fair market value, the value of the development
rights has been determined by subtracting X900 per acre, which has previously been
established as the farm value (i e , value of the land restricted to agricultural uses) for land
throughout the southern rural area of the City The resulting amount is the value of the
development rights of the property
All offers by the City to purchase the development rights to property are expressly
made contingent upon the absence of any tale defects or other conditions which,, in the
opinion of the City Attorney, may adversely affect the city's interests, and other standard
contingencies
a considerations The subject property consists of one 1parcel of land having
approximately 41 81 acres outside of marshland or swampland It is owned by Wilmer H
Aygarn Under current development regulations, there is a total development potential six
(6) single-family dwelling building sites, none of which would be reserved for future
development Thus, the preservation easement acquired by the City would corer
approximately 41 81 acres The site, which is shown on the attached Location Map, is
located on Stone Road, in the District of Princess Anne The proposed purchase pace,
as stated in the ordinance) is $188,231 This price is the equivalent of approximately
$4,503 per acre of easement acquired
The teras of the proposed acquisition are that the City could pay interest only for
a period of 25 years, with the principal amount being due and payable 25 years from the
date of closing The interest rate to be paid by the City will be the greater of 4 25% per
annum or the per annum rate which is equal to the yield on U S Treasury STRIPS
purchased by the city to fund its principal obligation under the Installment Purchase
Agreement, not to exceed 6 25% without the further approval of the City Council
The proposed terms and conditions of the purchase of the Development Rights
Pursuant to the Install rnent Purchase Agree ment, incl uding the pu rchase price and manner
of payment are fair and reasonable and in furtherance of the purposes of the Ordinance
■ Public lio Informaition The ordinance has been advertised by publication in a
newspaper having general circulation in the City once per week for two successive weels
■ Alternatives The City Council may decline to purchase the development rights to
the property
■ Recommendations Adoption of the ordinance and acquisition of the development
rights, assuming all contingencies are met
■ Attachments Summaryof Material Terms of Installment Purchase Agreement (full
Agreement is on file in the City Attorneys Office)
Recommended Action Adoption
Submifting Department/Agency
City ManagerQlry�j
Department of Agriculture
•{�{~ max. ti �i�.�'Y`#t�}-''Yi
+x rx''i .' ' -• }•r9 - ,icy -s. w- '�?4 tic �. .do-.
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24
AN ORDINANCE AUTHORIZING THE ACQUISITION of AN
AGRICULTURAL LAID PRESERVATION EASEMENT AND THE
ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN
THE MAXIMUM PRINCIPAL AMOUNT of $188r231
WHEREAS, pursuant to the Agricultural Lands Preservation
Ordinance (the "Ordinance"), Appendix J of the Code of the
City of Virginia Beach, there has been presented to the City
Council a request for approval of an Installment Purchase
Agreement (the form and standard provisions of which have been
previously approved by the City Counc-il, a summary of the
material teras of which is hereto attached, and a true copy
of which is on file in the City Attorney's Office) for the
acqu.isition of the Devel.oloment Rights (as defined in the
Installment purchase Agreement) on certain property located in
the City and more fully described in Exhibit B of the
Installment Purchase Agreement for a purchase price of
$188,231, and
WHEREAS, the aforesaid Development Fights shall be
acquired through the acquisition of a perpetual agricultural
land preservation easement, as defined in, and In compliance
with, the .-requirements of the Ordinance, and
WHEREAS, the C-ity Council has reviewed the proposed terms
and conditions of the purchase as evidenced by the Installment
Purchase kgreement,
25
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
6
CITY of VIRGINIA BEACH, VIRGINIA
27
1 The City Council hereby determines and finds that
8
the proposed terms and conda-tions of the purchase of the
29
Development Rights pursuant to the Installment Purchase
30
Agreement, including the purchase price and manner of payment,
1
are fair and reasonable and in furtherance of the purposes of
32
the ordinance, and the City Manager or his designee is hereby
33
authorized to approve, upon or before the executi-on and
4
delivery of the Installment Purchase Agreement, the rate o
5
interest to accrue on the unpaid principal balance of the
6
purchase price set forth hereinabove as the greeter of 4 2
7
per annum or the per annum rate which is equal to the yield on
38
United States Treasury STRIPS purchased by the City to fund
39
such unpaid principal balance, provided, however, that such
40
rate of interest shall not exceed 6 2 unless the approval of
41
the-ity Council by resolution duly adopted is first obtained
42
2 The City Council hereby further determa nes that
43
funding is available le for tie acquisition of the Development
44
Rights pursuant to the Installmenz Purchase Agreement on the
45
terms and conditions set f rE h therein
46
3 The City Counc 1 l hereby expressly approves the
47
Installment Purchase Agreement and, sub]ect to the
48
eteit�r of the City Attorney that there are no defects
K
9
in title to the property or other restrictions or encumbrances
0
thereon wh3-ch may, in the op1I11on of the City Attorney
1
adversely affect theCity's iriterests, authorizes the City
2
Manager or his designee to execute and deliver the Installment
53
Purchase Agreement in substantially the same form and
54
substance as approved hereby with such minor modifications,
55
insertions, completions or omissions which do not materially
56
alter the purchase price or manner of payment, as the City
f
Manager or his designee shall approve The City Council
58
further directs the City Clerk to affix the seal of the City
9
to, and attest same on, the Ins �.allment Purchase Agreement
o
The City council expressly authorizes the incurrence of the
1
indebtedness represented by the issuance and delivery of the
2
Installment Purchase Agreement
63
d The City Council hereby elects to issue the
4
indebtedness under the Charter of the City rather than
65
pursuant to the Public Finance Act of 1931 and hereby
66
constitutes the indebtedness a contractual obligation bearing
67
the full faith and credit of the City
68
Adopted
by the
Courcil of the
City of Virginia Beach,
9
Virginia, on
this
day of
, 2003
3
70 Adoption requires an affirmcall.---ive Grote of a ma3ority of
71 all members ber the City Council
CA8772
r urch e aygarnc arnor pd
-1
March 3, 2003
APPROVED AS To CONTENT
A
APPROVED AS TO LEGAL
SUFFICIENCY
Law Department
APPROVED AS TO AVAILABILITY Off' FUNDS
r ri ti 1.
Fln n e De[ artm
4
AGRICULTURAL RESERVE PROGRAM
INSTALLMENT PURCHASE AGREEMENT No 2003-54
SUMMARY of MATERIAL TERMS
SELLER Wilmer H Ay am
PROPER'L'Y LOCATION 2264 Stowe Road
PURCHASE PRICE $189,231
LASENI NT ARTA 41 91 acres more or less
DEVELOPMENT POTENTIAL 5single-family dwelling sites (6 acc}wred)
DURATION Perpetual
INTERESTRATE Equal to yield on S Treasury STRIPS acquired by City to farad purchase
pace, but not less than 4 25% (actual rate to be determined when STRIPS are purchased prior to
execution of ]PA) Rate may not exceed 6 25% Without approval of City Council
TERMS Interest only twice per year for 25 years, with payment of prr cip l due 25 years from IPA
date
RESTRICTIONS ON TRANSFER IPA ownership may not be transferred (except for Estate
Settlement Transfer) for one (1) year following execution and delivery of IPA
.16,
CITY OVIRGINIA BEACH!
AGENDA ITEM
ITEM Ordinance Authorizing the City Manager to Enter into a
Contract for Audit Services
MEETING DATE April 1, 2003
■ Background
A financial audit selection committee, comprised of City, School Board and
Development Authority representatives, was appointed by the City Manager The
purpose of the committee was to recommend to City Council an accounting firm
to conduct an independent audit of the City's financial statements for fiscal years
ending 2003 and 2004 Section S Ofi of the City Charter requires an annual
independent audit with the firm selected by City Council
Considerations
The financial audit selection committee prepared and distributed a Request
for Proposal "RFP" to each of the four international accounting firms and other
national and large regional firms Notification of this FFP was also placed in the
newspaper, posted on Finan a Pur hasin 's Internet Demand Star Service, and a
pre -proposal conference was conducted As a result of this Process, proposals
were received from KPMG LLP, Cherry, Bekaert & Holland LLP, and, Deloitte
Touche LLP who w ith withdrew during the process for independence reasons
Interviews and negotiations were conducted and the committee rated Cherry,
ekaert & Holland LLP the highest in qualifications The FFP allows for the City
and School Division to contract individually with the selected flan
The selection committee conducted negotiations with Cherry, Bekaert
Holland LLP which resulted in the following audit costs
For the contract terra ending June 3, 2003
TOTAL CITY � SCHOOLS' I DEYELOPMEM
1 aUTHORM 1
I TOTAL FEE 1 _ $190,480 _ 1 $134,000 1 $46,000 1 $109480 i
For the contract term ending Mune 30, 2004, the total fee will be adjusted by
the Consumer Price Index
*The School Division will enter into a separate contract
0 Public Information This item will be published as part of the City Council's
agenda
■ Alternatives None An annual audit is required by Section 8 Qfi of the City
Charter
■ Recommendation Adoption of the ordinance
Recommended Action
Submitting Departmen#/Agency
City Manager Q r )LO
Adoption
Department of Audit Services
1 AN ORD I IANC E AUTHORIZING THE CITY SAGER 1
ENTER INTO A CONTRACT FOR AN INDEPENDENT AUDIT
OF THE CITY OF VIRGINIA BEACH'S FINANCES
4 WHEREAS, an independent audit of the City's finances at
the end of each fiscal year is required by the City Charter,
13 WHEREAS, pursuant to the RFP, the School Division intends
14 to eater into a separate contract for this audit, and
15 WHERE, sufficient appropriL a t jL ons have been provided for
16 the City's audit in the fiscal year 2003 Operating Budget
17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
18 OF VIRGINIA BE CH, VIRGINIA
19
WHEREAS, a financial audit
selection
committee has
enter into
prepared and distributed aRequest for
Proposal ("RFP")
for an
& Holland LLP, in a form
independent audit of the City' s financial
statements,
including the
School Division, for the 2003 and 2004 fiscal years,
respectively,
10
WHEREAS, after evaluating the
proposals,
the selection
11
committee has recommended Cherry, Be cert & Holland
LLP to perform
12
the independent audit,
13 WHEREAS, pursuant to the RFP, the School Division intends
14 to eater into a separate contract for this audit, and
15 WHERE, sufficient appropriL a t jL ons have been provided for
16 the City's audit in the fiscal year 2003 Operating Budget
17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
18 OF VIRGINIA BE CH, VIRGINIA
19
I The City
Tanager
is hereby authorized to
enter into
20
a contract with Cherry,
Be cert
& Holland LLP, in a form
acceptable
21 to the City Attorney, for the performance of an independent annual
22 audit of the financial statements of the City of Virginia Beach and
23 the City of Virginia Beach Development Authors t for FY 2003 and
24 2004, at a cost of One Hundred Forty -Four Thousand, Four Hundred
25 Eighty and 00 /100 Dollars ($144,480 0 ) for FY 2003
6
27 2 For FY 2004 and subsequent gears, the annual cost of
28 these audit services raay be increased at an amount not to exceed
29 the increase in the Consumer Price Index "CPI")
30 3 The City Manager is hereby authorized to renew the
31 contract, sub3 ct to the availability of appropriations, for
32 additional years thereafter, not to exceed two one-year periods
33 Adopted by the Council of the City of Virginia Beach on
34 the 15t day of April, 2003
A-8810
CRDIN\NONCCDF independauditord wpd
March 21, 2003
Approved as to Content
jr. 'd 111111111111 P
d:Lt Services
Approved as to Legal sufficiency
f e0e
vof�l
Law Departme"
K APPOINTMENTS
PARKS AND RECREATIOl` COMMISSION
VIRGINIA BEACH COMML]NITY DEVELOPMENT CORPORATION (VBCDC)