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NOVEMBER 6, 2007 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 WILliAM R. DeSTEPH, At-Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER" Centerville - District J BARBARA M. HENLEY, Princess Anne - District 7 REBA S. McCLANAN, Rose Hall - District 3 JOHN E. UHRIN, Beach - District 6 RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESUE L. ULLEY CITY CLERK - RUTH HODGES FRASER, MMC 06 NOVEMBER 2007 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 234568005 PHONE:(757) 385-4303 FAX (757)385-5669 E-MAIL: Ctycncl@vbgov.com 1. CITY MANAGER'S BRIEFINGS - Conference Room - A. FLOW CONTROL Charles Meyer, Chief Operating Officer B. VRS INVESTMENT OF GASB-45 FUNDS Patricia Phillips - Director, Finance II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 1 :30 PM 3:30PM V1. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend David Lambert Abundant Harvest 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 23, 2007 G. AGENDA FOR FORMAL SESSION H. MAYOR'S PRESENTATION 1. ASPECT FOUNDATION 1. PUBLIC HEARINGS 1. LEASE OF CITY OWNED PROPERTY Parking at Beach Quarters Inn, Atlantic Avenue 2. RESOLUTION OF ENDORSEMENT Ferry Plantation House Restoration J. CONSENT AGENDA K. RESOLUTION/ORDINANCES 1. Resolution to ENDORSE the Commonwealth Transportation Board's restoration (Phase II) of the Ferry Plantation House re their proposed transportation enhancement 2. Ordinance to AMEND Chapter 5 of the City Code ~~ 5-11.1,5-17,5-47,5-48,5-49,5-51,5- 52,5-55,5-70 and ADD ~ 5-47.1 re dog or cat license tax and impoundment fees 3. Ordinance to AUTHORIZE the City Manager to execute a Lease (for less than five years) with the Beach Quarters Inn, L.C. on Atlantic Avenue re parking registered guests 4. Ordinance to AUTHORIZE the City Manager to execute a Cost Participation Agreement with Lakeside/Swinson Note, LLC re construction of stormwater improvements for Princess Anne Road Phase VII and Red Mill Walk 5. Ordinance to AUTHORIZE the City Treasurer to retain a collection agent to collect delinquent personal property taxes that are more than three (3) years old and owed by taxpayers no longer residents of Virginia Beach 6. Ordinance to ACCEPT and APPROPRIATE $17,479 from the Virginia Department of Environmental Quality (DEQ) to the Parks and Recreation Department's FY 2007-08 operating budget re enhancing environmental programs L. APPOINTMENTS OPEN SPACE ADVISORY COMMITTEE RESORT ADVISORY COMMISSION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ********************************** PUBLIC COMMENTS Non-Agenda Items ********************************** CITY COUNCIL'S JANUARY 2008 SCHEDULE January 8, 2008 Briefing, Informal, Formal, Planning, Open Dialogue January 15, 2008 Location to be Announced -7:15 pm Storm water Plans and Funding January 22, 2006 Briefing, Informal, Formal, Planning, ********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** Agenda 11/06l07gw www.vbeov.com 1. CITY MANAGER'S BRIEFINGS - Conference Room - 1 :30 PM A. FLOW CONTROL Charles Meyer, Chief Operating Officer B. VRS INVESTMENT OF GASB-45 FUNDS Patricia Phillips - Director, Finance II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA V. INFORMAL SESSION - Conference Room - 3:30PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V1. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend David Lambert Abundant Harvest 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 23,2007 G. AGENDA FOR FORMAL SESSION Ilrsnluttnu CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. H. MAYOR'S PRESENTATION I. ASPECT FOUNDATION To: Ruth H. Fraser Subject: RE: Exchange students at the city counsel meeting Hello, We would like the November meeting. Would that be November 6th? Please let me know if that is ok. Thanks so much! Liz "Ruth H. Fraser" <RHFrase1@vbgov.com> wrote: I will ask that you choose........the first meeting [being the first Tuesday at 6:00 PM] either in October, November or December Ruth Hodges Fraser, MMC City Clerk Mayor's Liaison - Sister Cities Passport Agent City of Virginia Beach Office: (757) 385-4303 Fax: (757) 385-5669 Direct Dial: (757) 385-8343 -'~-'_...,~-~.._"---.._~-----_.__.'"...__.__._.,---,------____ _.._._..___.~_ - .-., - ...__m_._.____......._____.... ._..,_~._..m..._._._._. From: Liz, Aspect Foundation [mailto:gltinkham@yahoo.com] Sent: Thursday, September 13, 2007 1:50 PM To: Ruth H. Fraser Subject: RE: Exchange students at the city counsel meeting I do not know if you remember me from last year. The following is the same as it was last October just a different group of students. To whom it may concern; My name is Liz Tinkham I am an international coordinator with Aspect Foundation, managing exchange students. I currently have six FLEX students from Russia, Ukraine and Turkmenistan in the Hampton roads areas. These students need to meet several requirements for their scholarship program. One of these requirements is presenting their community service projects and thanking the community at a city counsel meeting. Each student would need about one to two minuets to present there community service projects and thank the local community. No more than ten minuets will be needed for all of the students to present. Some students will present less then others. 1 0!7. 0 f") 00'7 Page 2 of6 The purpose of our scholarship students required activities is to promote democratic principals, promote community and civic responsibility create understanding of the rule of law, promote volunteerism, show that one individual can make a difference and show students American culture and diversity. We would like to present at either an October, November or December meeting. Please let me know if this is possible. Thank you for your time. Liz Tinkham International Coordinator Aspect Foundation 757-485-0773 "Ruth H. Smith" <ctycncl@Vbgov.com> wrote: Thanks, yes at 6 PM ,..... but after the Minutes approval Ruth Hodges Smith, MMC City Clerk Mayor's Liaison - Sister Cities Passport Agent City of Virginia Beach New Office: (757) 385-4303 New Fax: (757) 385-5669 New Direct Dial: (757) 385-8343 Old Office: (757) 427-4303 Old Fax: (757) 426-5669 Old Dial: (757) 427-8343 From: Liz & George Tinkham [mailto:gltinkham@yahoo.com] Sent: Thursday, September 07, 2006 12:03 PM To: Ruth H. Smith Subject: RE: Exchange students at the city counsel meeting October 3rd would be great! will that be at 6pm? I will ask my students to dress nicely. Is there anything else we should know? Aleksey is 16 (our only boy) Marinia is 16 Yuliya G. is 17 Yuliya N. is 16 Thank you so much for your help! Liz Tinkham "Ruth H. Smith" <ctycncl@vbgov.com> wrote: 10/10n007 Page 3 of6 I. PUBLIC HEARINGS 1. LEASE OF CITY OWNED PROPERTY Parking at Beach Quarters Inn, Atlantic Avenue 2. RESOLUTION OF ENDORSEMENT Ferry Plantation House Restoration Ad 10 b?~9~2?1 Date 11ql?2/?99X ... Time [~:??~~: ....: PUBLIC HEARI_NG LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of City-owned property on Tuesday November 6, 2007 at 6:00 p.m. in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach. Virginia. The purpose of this Hearing will be to obtain public comment on the City's proposal to lease the following property: Approximately 0.13 acres of land used for parking on Atlantic Avenue at the Beach Quarters Inn If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFRCE at 385-4303; Hearing impaired. call 711 - The Virginia Relay. Any questions concerning this matter should be directed to the Department of Management Services - Facilities Management Office. Room 228, Building 18. at the Virginia Beach Municipal Center. The Facilities Management Office telephone number is (757)385 8234. Beacon Oct. 28 and Nov 04, 2007 17809221 Ad shown is not actual print size K. RESOLUTION/ORDINANCES I. Resolution to ENDORSE the Commonwealth Transportation Board's restoration (Phase II) of the Ferry Plantation House re their proposed transportation enhancement 2. Ordinance to AMEND Chapter 5 of the City Code ~~ 5-11.1, 5-17, 5-47, 5-48, 5-49, 5-51, 5- 52,5-55,5-70 and ADD ~ 5-47.1 re dog or cat license tax and impoundment fees 3. Ordinance to AUTHORIZE the City Manager to execute a Lease (for less than five years) with the Beach Quarters Inn, L.C. on Atlantic Avenue re parking registered guests 4. Ordinance to AUTHORIZE the City Manager to execute a Cost Participation Agreement with Lakeside/Swinson Note, LLC re construction of stormwater improvements for Princess Anne Road Phase VII and Red Mill Walk 5. Ordinance to AUTHORIZE the City Treasurer to retain a collection agent to collect delinquent personal property taxes that are more than three (3) years old and owed by taxpayers no longer residents of Virginia Beach 6. Ordinance to ACCEPT and APPROPRIATE $17,479 from the Virginia Department of Environmental Quality (DEQ) to the Parks and Recreation Department's FY 2007-08 operating budget re enhancing environmental programs !lt~l~~ ioi . - i~ ~~...,..,.. ~ :.) ~~.;-.;.: lJ.) \f,~~~:..~ ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution of Endorsement to the Commonwealth Transportation Board for the Ferry Plantation House Restoration (Phase II) as a Proposed Transportation EnhancementPr~ed MEETING DATE: November 6, 2007 . Background: The Ferry Plantation House is located at 4136 Cheswick Lane and is owned by the City of Virginia Beach and leased to the Friends of Ferry Plantation House, Inc ("Friends"). The Friends have made significant progress in the restoration and furnishing of interior spaces in the House and have made it accessible to the public through tours and educational programs. Their work made the Ferry Plantation House eligible for placement on the National Register of Historic Places, and it was awarded that honor in January 2005. City Council formally endorsed the Phase I Ferry Plantation House restoration to repair the bricks and mortar and restore the stucco fayade as a proposed Federal Transportation Enhancement projed on June 24, 2003. The application was made for this funding ($145,000) to the Virginia Department of Transportation (VDOT), and the grant was awarded in March 2004. An easement issue resulted in delay, and Council finally accepted and appropriated the grant on February 7, 2006. In February 2007, VDOT approved the City's Architedural and Engineering contrador for the projed. The VDOT Projed Manager made a site visit Odober 18, 2007 and suggested that a supplemental grant application should be submitted to address additional building maintenance needs. The grant application requires a resolution of endorsement from the City. . Considerations: The Friends recently received a donation of a new roof valued at $30,000. Porches on both sides of the building need to be restored for historical, maintenance and safety reasons. Handicap accessibility to the building needs to be improved in conjundion with the porch restoration. The City has included a request for repair funds for the Ferry Plantation House porches in their legislative package to the General Assembly. Building Maintenance has submitted a CIP request for FY09 that would also include maintenance funding for the historic building. A supplemental grant application for Transportation Enhancement funds is very likely with a previous award having been made to Ferry Plantation. The grant request is for $250,000, of which 20% or $50,000 needs to be matched by the City. The source of the match is available within the FY2008 Operating Budget as either in-kind services or cash. The attached endorsement resolution will assure the Transportation Board of the City's approval of the grant request and its commitment to provide the match requirement. . Public Information: Public information and notification will be handled through the Council agenda notification process as well as through advertisement of the Public Hearing. . Attachments: Resolution of Endorsement Recommended Action: Adoption of Resolution of End~rseme~t J Submitting Department/Agency: Museums ;tJ~{/~.t:c~ City Manager~ 1L-.~ 1 A RESOLUTION OF ENDORSEMENT TO THE 2 COMMONWEALTH TRANSPORTATION BOARD FOR THE 3 FERRY PLANTATION HOUSE RESTORATION (PHASE II) 4 AS A PROPOSED TRANSPORTATION ENHANCEMENT 5 PROJECT 6 7 WHEREAS, the Virginia Department of Transportation, along with the 8 Virginia Department of Rail and Public Transportation and the Federal Highway 9 Administration, has announce the availability of Transportation Enhancement Funds for 10 qualified projects; 11 12 WHEREAS, the City Council has been advised that projects funded by this 13 program require a local match, either in-kind or cash, of twenty percent (20%); 14 15 WHEREAS, the City Council has been further advised and acknowledges 16 that in the event the City elects to cancel a project funded by this program prior to its 17 completion, the City shall be required to reimburse the Virginia Department of 18 Transportation for funds expended for such project; 19 20 WHEREAS, in accordance with Commonwealth Transportation Board 21 construction allocation procedures, a resolution of endorsement must be received from the 22 City Council before the Virginia Department of Transportation will program an 23 enhancement project in the applicant's locality; and 24 25 WHEREAS, the City Council recognizes the importance of transportation 26 enhancement projects as a way of integrating transportation into our community and 27 natural environment 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 30 OF VIRGINIA BEACH, VIRGINIA: 31 32 That the City Council hereby endorses to the Commonwealth Transportation 33 Board the Ferry Plantation House Restoration (Phase II) as a proposed transportation 34 enhancement project. 35 36 Adopted the by the Council of the City of Virginia Beach, Virginia, _ day of 37 ,2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~t;2f~A Manage nt ervices - )~ ~omey's Office - 22- Item v.J. 6. RESOLUTION/ORDINANCES ITEM # 54891 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt. City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $115.000 from Virginia Department of Transportation (VDOT) to establish CIP funding for the Ferry Plantation House grant re restoration and landscaping. Voting: ] 1-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva. Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 7, 2006 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $115,000 FROM THE VIRGINIA DEPARTMENT OF 3 TRANSPORTATION TO ESTABLISH CIP PROJECT 4 # 3-300, FERRY PLANTATION HOUSE GRANT 5 6 7 WHEREAS, the Virginia Transportation Board has allocated 8 Federal Transportation Enhancement funds to the City of Virginia 9 Beach to provide for building restoration and landscaping at the 10 Ferry Plantation House. 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 12 OF VIRGINIA BEACH, VIRGINIA: 13 1. That Capital Project # 3-300, Ferry Plantation House 14 Grant, is hereby established in the Capital Improvement Program 15 for the purpose of funding building restoration and landscaping 16 at the Ferry Plantation House. 17 2. That $115,000 is hereby accepted from the Virginia 18 Department of Transportation and appropriated to Capital Project 19 # 3-300, Ferry Plantation House Grant, in the FY 2005-06 Capital 20 Budget, with revenue from the federal government increased 21 accordingly. 22 3. That $30,000 is hereby transferred from Capital 23 Project # 3-107, Ferry Farm House Restoration, to Capital 24 proj ect# 3-300, Ferry Plantation House Grant, to provide the 25 required match funds. 26 27 28 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of Febr11ary , 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: , ~ J:;)l~ Q.' I Management Services ~u~ City Attorney's 0 f1ce CA9899 H:\PA\GG\OrdRes\Ferry Plantation House ORD R-4 January 27, 2006 - 31 - Item V-I 3 albic RESOLUTIONS/ORDINANCES ITEM # 47657. Upon motIon by VIce Mayor Sessoms, seconded by CouncIlman HarrIson, City CouncIl ADOPTED: ResolutIons to ENDORSE the applIcatIOns to the Commonwealth TransportatIon Board for federal transportatIon enhancement funds re a Ferry PlantatIon House restoratIon - Phase J b Pungo Ferry landing property acquISItion for public use C Cape Henry ExtensIon MultI-Purpose TraIl Votmg 11-0 (By Consent) CouncIl Members Voting Aye LinWOod 0 Branch, III. Margaret L Eure, W,lliam W Hamson, Jr, Barbara M Henley, LouIS R Jones, Reba S McClanan, Robert C MandIgo, Jr, Mayor Meyera E Oberndorf. Nancy K Parker, VIce Mayor W,Lliam D Sessoms, Jr and Rosemary WIlson CouncIl Members Voting Nay None CouncIL Members Absent None January 23,2001 1 RESOLUTION OF ENDORSEMENT TO THE COMMONWEALTH TRANSPORT A TION 2 BOARD FOR THE FERRY PLANTATION HOUSE RESTORATION (PHASE I), THE 3 PUNGO FERRY LANDING PROPERTY ACQUISITION FOR PUBLIC USE, AND THE 4 CAPE HENRY EXTENSION MULTI-PURPOSE TRAIL AS PROPOSED 5 TRANSPORTATION ENHANCEMENT PROJECTS 6 WHEREAS, the VirglDla Department of TransportatIOn, along with the VirgIma 7 Department of RaIl and Public Transportation and the Federal Highway AdmimstratlOn, has 8 announced the avaIlabIhty of Transportation Enhancement Funds for quahfied proJects, and 9 WHEREAS, approximately Eighteen MIlhon, Five Hundred Thousand Dollars ($18 5 10 Million) may be avaIlable to Virginia localities for transportation enhancement projects durmg 11 the 2001-2002 Fiscal Year; and 12 WHEREAS, the City Council has been advised that projects funded by this program require 13 a local match, either m-kind or cash, of twenty percent (20%); and 14 WHEREAS, the City Council has been further advised and acknowledges that In the event 15 the City elects to cancel a project funded by thiS program pnor to its completion, the City shall 16 be required to reimburse the Virginia Department of Transportation for funds expended for such 17 project; and 18 WHEREAS, the Metropolitan Planning OrganIzatJon has endorsed the City'S proposed 19 transportation enhancement proJect, and 20 WHEREAS, in accordance WIth Commonwealth Transportation Board construction 21 allocation procedures, a resolutIon of endorsement must be received from the City CouncIl 22 before the Virginia Department of Transportation will program an enhancement project m the 23 applicant's localIty; and 24 WHEREAS, the City Council recognizes the Importance of transportation enhancement 25 projects as a way of integrating transportation mto our commumty and natural environment 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: That the Council hereby endorses to the Commonwealth 28 Transportation Board the Ferry Plantation House Restoration (Phase I). the Pungo Ferry Landing 29 Property AcqUisition for PublIc Use, and the Cape Henry Extension Multi-Purpose Trail as 30 proposed transportation enhancement projects. 31 ADOPTED by the Council of the City ofVlrgima Beach, Virginia. thiS 23rd day of January . 200 I, 2 APPROVED AS TO CONTENTS: 3 4 t}b! \, t4--D I f1I'-- Department of Planmng APPROVED AS TO LEGAL SUFFICIENCY. /J)Jk;t Jf1 /V1ud City Attorney's Office 2008 COMMUNITY LEGISLATIVE AGENDA CITY OF VIRGINIA BEACH TABLE OF CONTENTS TABLE OF CONTENTS PREFACE 1 VIRGINIA CODE CHANGE REQUESTS 2-11 1. Tax, Fee & Spending Task Force - Place Holder 2 2. Changes to Animal Fees - Place Holder 2-5 3. Environmental Impact Report for 100% Locally Funded Highway Projects 5-6 4. Loss of Medicaid Eligibility for Teens in Foster Care with Earned Income 6-7 5. Weapons in Public Buildings Where Health Services are Provided 7 6. Achieving Revenue Neutrality for Local Telecommunications Taxes 7-9 7. Definition of "Firearms" 9-10 8. Reimbursement for Transportation During Civil Admissions 1 0 9. Smoke-Free Restaurants 10-11 1 O. Creation of a State Insurance "Wind Pool" 11 FUNDING ITEMS 12-22 1. BRAC Funding 12 2. Additional Group-Home Beds in Locality for Youth Out of Home Placement 13 3. CSA Administrative Allocation 13-14 4. Support for Additional State General Fund Dollars for CSB Programs 14 5. Funding for Public Health Services 14-15 6. Virginia Beach Lifelong Learning Center (Joint Use Library) 15-16 7. Pleasant Hall Purchase 16-17 8. Adam Thoroughgood House, Ferry Plantation House and Lynnhaven House 17-18 9. Virginia Aquarium & Marine Science Center 18-19 10. Sheriff's Work Release Facility 20 11. Virginia Beach Convention Center Funding 20-21 12. Sandler Center for the Performing Arts 21-22 2008 COMMUNITY GROUP ITEMS CITY OF VIRGINIA BEACH TABLE OF CONTENTS COMMUNITY GROUP ITEMS 1. Adequate Public Facilities 2. Funding for Mass Transit 3. Public Meeting Notice & Participation 4. Motorized Vehicle Use by Minors 5. Enforcement of Environmental Laws 6. Equalization of Penalties for Driving 7. Public Disclosure of Half-Way or Transitional Housing 8. Bayside Recreation Center 9 . Wetlands Board 23-26 23 23 24 24 25 25 25-26 26 26 plus the social rentals. A special event for the skirmish of Kempe's Landing could be coordinated with the City of Chesapeake for the Battle of Great Bridge. 8. ADAM THOROUGHGOOD HOUSE, FERRY PLANTATION HOUSE AND L YNNHA YEN HOUSE HISTORIC PRESERVATION FUNDING FOR ENVIRONMENTAL MONITORING, WINDOWS, CHIMNEYS, PEST CONTROL, ROOFING AND PORCH RESTORATION Lynn Clements Department Director Museums Background: The Virginia Beach Historic Houses request $350,000 to support the preservation of the Adam Thoroughgood House, the Ferry Plantation House and the Lynnhaven House. The City of Virginia Beach acquired the Adam Thoroughgood House in 2003 from the City of Norfolk/Chrysler Museum of Art. The City has executed an agreement (July 2007) with APV A Preservation Virginia for transfer of the Lynnhaven House property within 180 days. The City has stepped forward to preserve these important historic sites, as their previous owners have been unable to keep up with maintenance and preservation needs. Both houses are important architectural treasures representing some of the earliest surviving brick construction in Virginia. The Adam Thoroughgood House (circa 1720) is a National Historic Landmark. It had a major restoration 50 years ago funded by the Adam Thoroughgood House Foundation under the leadership of Henry Clay Hofheimer II. The organization dissolved in the early 1960s after the property was deeded to Norfolk. Upon taking title, Virginia Beach funded emergency masonry repointing. Virginia Beach was awarded a federal grant for a conservation assessment in 2004 and funded an environmental monitoring program as the first step in addressing the report's recommendations. Virginia Beach was also awarded a $150,000 2004 Save America's Treasures Grant and provided the $150,000 match to make additional repairs and replace the building's electrical and HV AC systems. The Association for the Preservation of Virginia Antiquities restored the Lynnhaven House (circa 1725) in the 1970s. It is listed on the National Register of Historic Places. A federally funded conservation assessment was also done for the Lynnhaven House in 2004. Very little has been done to address the problems found during the assessment. With the City's acquisition at the beginning of 2008, there are significant building problems that need to be addressed. The City acquired the Ferry Plantation House in 1996 at the behest of a citizen's organization, "The Friends of Ferry Plantation House, Inc.," that planned to open the house to the public for educational purposes. The "Friends" agreed to assume 17 responsibility for the restoration and maintenance of the circa 1830 building, which had been boarded up for nearly a decade. The City provided a $68,550 capital improvement appropriation from a related land sale to help get them started. A TEA-21 grant ($115,000) was received for stucco restoration and that project is in the design stage. The "Friend's" efforts have proven to be worthwhile as the building was placed on the National Register of Historic Places in 2005. They now open the building to the public three days per week. With everything that has been accomplished, the volunteer organization has not been able to keep up with all of the building's maintenance needs. Request: The Virginia Beach Historic Houses are asking the General Assembly for $350,000 to make needed repairs and preservation improvements to the Adam Thoroughgood House, Ferry Plantation House and the Lynnhaven House. The funding will provide for implementation of a 12 month environmental monitoring program at the Lynnhaven House, including an analysis/diagnostic report from a professional firm; replacement of the cedar roof at Lynnhaven House; pest control for powder post beetles and other pests at the Lynnhaven House and Ferry Plantation House; repairs and repointing, both exterior and interior, of two massive chimneys at the Lynnhaven and Thoroughgood houses to eliminate water infiltration during rain storms and falling brick and mortar; repair/replacement to the lead came casement windows at these two houses and installation of an ultraviolet filter system for the windows; and replacement of the porches at Ferry Plantation. Implementation of these preservation repairs will assist the City of Virginia Beach in catching up to the maintenance needs of these three significant historic houses. 9. VIRGINIA AQUARIUM & MARINE SCIENCE CENTER - OCEAN IN MOTION AQUARIUM TRUCK Lynn Clements Department Director Museums Background: The Virginia Aquarium & Marine Science Center requests $900,000 to support the Ocean in Motion program, which carries marine science education to schools and festivals across the Commonwealth of Virginia. The current Ocean in Motion aquarium truck has been bringing live marine animals and interactive programming to students since 2001. In that time, we have reached 175,377 students from the Coastal Plain to far reaches of Southwest Virginia. In 2006, Ocean in Motion visited 75 schools and 25,213 students. We traveled to more than 55 Virginia cities and covered 21,900 miles. Investing in the Ocean in Motion program will ensure that students across the state have the continued opportunity to see some of what makes the Chesapeake Bay and Atlantic Ocean special places, even if they can't leave their school grounds. As we face new environmental challenges such as global warming, schools must have resources such as 18 1 : - 1 Z - Cia: , 1 : 1 4 "';;'k~ ; : ~- ,6 :.06 ..~ .. , . COMMONWEALTH of VIRGINIA ~ DEPARTMENT OF TRANSPORTA nON 1401 EA'Si BROAD STREET RICHMOND, VIRGINIA 23219.2CQO MICHAel A. ESTES. PE INTERIM DIRECTOR LOCAl ASSIST ANCS DMSION PHILIP A. SHUCET COMMISSIONER October 21) 2003 Mr. Robert J. Scott Director of Planning 2405 Courthouse Drive Virginia Beach, Virginia 23456 Subject: Enhancement Program The ferry Plantation House Restoration Dear Mr. Scott: Congratulations! Your application for Enhancement . Program funds submitted July 1, 2003 has been approved by the Commonwealth Transportation Board in the amount of $115,000.00. Meetings have been scheduled in several different areas of the state. to discuss necessary steps for implementation of your enhancement project. A copy of the meeting schedule is attached. All project sponsor meetings will begin at lOAM and it is imperative that a representative from the project sponsor be present at one of these meetings. Please call1-' 800-444-7832 and let us know which meeting you will be attending, and how many will attend, in order that sufficient space can be made available. - Please do not spend any funds or iniq.ate any phase of your project until after this meeting, and until you are authorized in Writing to do so. Since this is a federally funded program, to begin project activities before securing proper authorization would jeopardize federal participation. In consideration of applications for the next selection round, it will not be necessary for you to submit another application. Your application submitted this past July 1,2003 will automatically be reconsidered. You should update the financial information and funding request included in your previous application, and that information should be submitted to us by Marcb 1.2004. In addition, applications for any new projects will also be due by that date. The Enhancement Program Staff will be conducting public workshops on the next round of applications and selection process the same day that project sponsor meetings are held. These applicant workshops will be beIdat the same location and are scheduled to begin at 1 :30 in the afternoon. t "' - ., ~ -o~ ; 1 1 : 1 ool t....../: ; <;;4; ",c,";": "' "" Mr. Robert J. Scott October 21, 2003 Page 2 If you have any questions about your current application or the recent selections, please contact the members of our Enhancement Program Staff at }-800-444- 7832. Thank youfor your interest in Virginia'.s Enhancement Program Sincerely, -tt:t~/ Enhancement Program Section " APPLICATION SUMMARY FOR VIRGINIA TRANSPORTATION ENHANCEMENT PROGRAM TITLE: FERRY PLANTATION HOUSE RESTORATION, PHASE I LOCATION: CITY OF VIRGINIA BEACH, 4136 CHESWICK LANE On the west side of the western branch of the Lynnhaven River (east of Independence Boulevard, north of Pembroke Boulevard) Located in the City of Virginia Beach, Ferry Plantation was once an integral part of the colonial and post-colonial transportation system when a ferry operated to carry people and goods across the western branch of the Lynnhaven River. The property is located on the Bayside History Trail, a driving, walking, and biking trail that has already received an Award for Excellence by the Learning Resources Network. This trail will be used as a model for future history trails. Ferry Plantation House will educate people about the history of the area, including transportation systems that were used on the important waterways of Virginia The house, built circa 1830, is one of the few remaining examples of Federal period architecture remaining in the Tidewater area of Virginia. The site held the first brick courthouse for Princess Arme County, the ferry landing, a post-office, a tavern, ajail, and the manor house. The plantation site was the source of one of the most SIgnificant, intact, 18th century collections unearthed by the Colonial Williamsburg Foundation's Archaeology Department. However, after being left vacant for over ten years, vandalized, and neglected, the property suffered severe damage and is the only historic property located on the Bayside History Trail that is not regularly open to the public. Ferry Plantation House is now owned by the City of Virginia Beach and leased to the Friends of the Ferry Plantation House (FOFPH) to oversee the restoration and rehabIlitation. Using as a basis for funding a $68,500 appropriation from the City, FOFPH has leveraged the initial funding with fund-raismg and in-kind donations to do much of what was recommended in an initial architectural reVIew as Phase I to stabilize the house. In-kind donations and fund-raising efforts have augmented the initial funding through partnering WIth professional organizations, indiViduals, and community groups. The local chapter of the American Institute of Architects has subleased a room in the histonc bwldmg. This eliminates the problems inherent in a vacant bwldmg whIle providing a source of income and technical expertise for the project. An Architectural AdVISOry Board was formed in 1990 to further provide gratis, expert advice on the histoncaI restoration of the property. Funds are requested to complete Phase I for those specialized areas where expertise is required which precludes donations of services, specifically, stabllizmg the eXlstmg fragile, OrigInal brick extenor which was protected by stucco until It was removed by a developer In 1989 Also, the house, mcluding a bathroom, must be made handicapped acceSSible, and electncal and structural upgrades completed. The estimated cost for thIS phase ofthe project IS $145,000, non-federal participation will be $30,000 and requested funding through the Virginia TransportatIon Enhancement Program is $115,000. We believe the project meets ten of the twelve enhancement criterIa Upon completion of this phase, the property will enhance the surrounding neighborhood and provide a visual historic interpretation of the site of the colonial ferry landing. As part of the Bayside History Trail, this phase Will provide an upgrading of the project and its site with interpretive Slgnage for pedestrians and cyclists when the house is closed, while safety and accessibility features will allow the house to be open for the public. ,,~~'"' ,{"'~~~'&~ <'&<"<1"-- . '."in ~~! e '_~-::,g.) ~o: " " ._~, 'E~~ ~~I~Y -' ~.jiJ i...::"''i'~.4.~~''''''''';J lI..+'''~^.....J loo\.~~~"" CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Several Sections of Chapter 5 of the City Code and Add Section 5-47.1 Regarding Dog or Cat License Tax and Impoundment Fees MEETING DATE: November 6,2007 . Background: The City of Virginia Beach levies a yearly tax on dog and cat licenses. Once the tax is paid, a tag is issued for that calendar year which runs from January 1 st to December 31st. The current yearly tax for spayed/neutered dogs and cats is $2, and the yearly tax for non-neutered/non-spayed dogs and cats is $10. These rates have been in effect since 1965 and 1993, respectively. Beginning July 1, 2007, the Code of Virginia requires veterinarians to notify the City Treasurer's Office within 45 days of each rabies vaccination administered, in an effort to ensure all dogs and cats in the City are properly licensed. The Code of Virginia also permits the local Treasurer to appoint agents to collect the license tax and issue the license tag. State law also authorizes the City to charge owners an impoundment fee that reflects the actual expenses incurred during the impoundment period. The current impoundment fee is $10 per day. This fee has not been revised to reflect actual costs since 1999. . Considerations: In light of the new state legislation, a review of the current animal licensing process was conducted and shows that an increase in the license tax for spayed and neutered cats and dogs is warranted, and that the fees associated with impoundment of animals should be realigned to reflect the actually expenses incurred by the City. The proposed amendments will raise the annual licensing tax for spayed/neutered dogs from $2 to $7, and for spayed/neutered cats from $2 to $5. The annual tax rate for non-neutered/non-spayed cats and dogs will remain at $10, as this is the maximum fee authorized by state law. Additionally, the amendments will revise the current impoundment fees ($25/first day and $10/subsequent days) to $50 for the first day of impoundment and $2 for each subsequent day of impoundment. These revised fees accurately reflect the actual costs incurred by the City. Finally, the amendments codify the process whereby our City Treasurer may appoint agents to collect the license tax. In an effort to provide a convenient process for pet owners to obtain the required license after their pet has been vaccinated, the amendments outline a process whereby the Treasurer's Office may authorize all local veterinarians to apply for appointment as Vet-Agents. These Vet-Agents will be authorized to collect the yearly licensing tax on animals they vaccinate for rabies and issue the license tag. The yearly tax period will run concurrently with the rabies vaccination period. The tax may be collected and the tag issued for a one-, two- or three-year period, not to exceed the expiration date of the rabies vaccination. Further, Vet-Agents will be authorized to retain $1 for each license tag issued. The Vet-Agent process is entirely voluntary-veterinarians will not be required to become Vet-Agents. . Public Information: A Council briefing was held on September 4, and public comment was heard on September 11. . Attachments: Ordinance and Policy Report Requested By Councilmember DeSteph Requested by Councilmember DeSteph 1 AN ORDINANCE TO AMEND SEVERAL SECTIONS OF 2 CHAPTER 5 OF THE CITY CODE AND ADD SECTION 5- 3 47.1 REGARDING DOG OR CAT LICENSE TAX AND 4 IMPOUNDMENT FEES 5 6 SECTIONS AMENDED: 99 5-11.1, 5-17,5-47,5-48,5-49, 7 5-51, 5-52, 5-55 and 5-70 8 9 SECTION ADDED: 95-47.1 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Sections 5-11.1,5-17,5-47, 5-48, 5-49, 5-51, 5-52, 5-55 and 5-70 of the 15 Code of the City of Virginia Beach, Virginia, are hereby amended and reordained and 16 Section 5-47.1 is hereby added to read as follows: 17 18 Sec. 5-11.1. Impoundment of mistreated animals. 19 20 (a) It shall be the duty of any animal control officer of the bureau of animal 21 control who finds any animal subject to cruel or inhumane treatment in violation of 22 section a-44 3.1-796.112 of the Code of Virqinia, to take the animal into custody and 23 impound the same at a pound or enclosure meeting the requirements of section 3.1- 24 796.42 of the Code of Virginia. A record shall be made of the time and place of taking 25 such animal into custody. 26 27 (b) If, by a license tag or any other means, the owner of an animal impounded 28 under this article can be identified, the superintendent of the bureau of animal control 29 shall, within forty-eight (48) hours of such impoundment, notify the owner by telephone 30 or mail of the impoundment of the animal. 31 32 (c) Owners having animals impounded under this section shall be charged a 33 fee of twenty doll3rs ($20.00), plus ten doll3rs ($10.00) f-or e3ch addition31 d3Y or p3rt 34 thereof th3t the 3nim31 is impounded as outlined in section 5-17 below. The payment of 35 such fees shall not relieve the owner from prosecution for violation of section a-44 3.1- 36 796.112 of the Code of Virqinia. 37 38 (d) If an animal impounded under this article is not claimed by its owner within 39 five (5) days, it shall be made available for adoption, if suitable, or disposed of, in 40 accordance with the provisions of section 5-71 of this Code. 41 42 CO~ENT 43 44 This amendment updates the citation to the state code provision that criminalizes the 45 mistreatment of animals. It also refers the reader to the section of the City Code (reproduced 46 below) that sets forth impoundment fees. 47 48 49 Sec. 5-17. Fees for the impoundment of animals, generally. 50 51 The bureau of animal control is hereby authorized to charge a fee of ten dollars 52 ($10.00) fifty dollars ($50) for the first day an animal is impounded and two dollars (~ 53 per day for each additional day or part thereof for the care of any animal impounded for 54 any reason other than such animal being subject to cruel or inhumane treatment in 55 violation of section 5 11 or such animal running at large in violation of section 5 67. 56 57 58 CO~ENT 59 60 This amendment changes the impoundment fees from $10 per day to $50 for the first day of 61 impoundment and $2 for each day thereafter. This change accurately reflects the actual costs of 62 impoundment, as required by Virginia Code ~ 3.1-796.87. Also in accordance with that state law, 63 this amendment provides that the same impoundment fees shall be charged for all impoundments, 64 regardless of the reason for which the animal is being impounded. 65 66 Sec. 5-47. Application; applicant to be city resident. 67 68 (a) Any person may obtain a one-, two-, or three-year city dog or cat license 69 by making oral or written application to the city treasurer or an appointed aaent, 70 accompanied by the amount of the license tax and the evidence of vaccination required 71 by section 5-51. 72 73 (b) Additionally, any person obtainina a rabies vaccination from a vet-aaent as 74 provided in Section 5-47.1 below may obtain a one-, two-, or three-year local license 75 that runs concurrently with the vaccination administered by payina the tax as provided in 76 Section 5-48. The vet-aQent shall only have authority to license dOQS and cats of 77 resident owners or custodians who reside within the city. 78 79 f91 (Q} Any person purchasina a dOQ or cat license shall provide residency 80 information to the city treasurer or the appointed aaent. It shall be unlawful for any 81 person to make any false statement in or present any false evidence with an application 82 submitted under this section, in order to secure a dog or cat license to which such 83 person is not entitled. 84 85 (d) A one-year license taa shall be valid for up to 12 months from the date of 86 issue, not to exceed the duration of the current rabies vaccination: a two-year license 87 taa shall be valid for UP to 24 months from the date of issue, not to exceed the duration 88 of the current rabies vaccination: and a three-year license taq shall be valid for UP to 36 89 months, not to exceed the duration of the current rabies vaccination. 90 91 COMMENT 92 93 This amendment gives dog and cat owners the option to pay the local license tax to vet- 94 agents when obtaining a rabies vaccination from said vet-agent. It also allows the pet owner to pay 95 the tax in one, two or three year increments, not to exceed the duration of the current rabies 96 vaccination. 97 98 99 Sec. 5-47.1. Veterinarians as appointed aaents. 100 101 (a) The city treasurer may appoint aqents for the collection of the license tax and 102 the issuance of the license taos. Any veterinarian who vaccinates or supervises the 103 vaccination of doos and cats aoainst rabies and is licensed to do business in Viroinia 104 Beach may submit an application to the city treasurer for such an aqent appointment. 105 (b) The vet-aoent shall have authority to issue local license taos on those 106 occasions where he or she is presented with a current rabies certificate or when 107 administerino rabies vaccinations to doos or cats of owners or custodians who reside 108 within the city. The issued local tao shall run concurrently with the vaccination 109 administered or in coniunction with the current certificate. The vet-aoent shall collect 110 the required fee as outlined below in section 5-48. The fee and the required report shall 111 be submitted to the city treasurer as provided in the written aoreement required in 112 subsection (d) below. 113 114 (c) For every one-. two-, or three-year local license taq issued. the vet-aqent 115 shall deduct one-dollar ($1.00) from the amount due to the city treasurer. 116 117 (d) Each appointed vet-aqent shall aqree in writinq to abide by procedures and 118 protocols established by the city treasurer. Any vet-aoent who fails to follow the 119 established procedures or protocols may have his or her authority to collect the license 120 taxes and issue the license taqs revoked by the citv treasurer. 121 122 COMMENT 123 124 This amendment allows willing veterinarians to voluntarily become agents for the City 125 Treasurer for the purpose of collecting the dog and cat license tax and issuing license tags for cats 126 and dogs. The tags sold by vet-agents will run concurrently with the rabies vaccinations 127 administered or currently in effect, and vet-agents will receive $1 from the City Treasurer for each 128 tag issued. 129 130 131 Sec. 5-48. Tax imposed. 132 133 (a) A license tax is hereby imposed on dogs and cats required to be licensed 134 under this aArticle in the following non-refundable amounts: 135 136 (1) For each mate dog or cat, unspayed or unneutered . . . $1 0-;QG-/1-year taa: 137 $20/2 year taa: $30/3 year taa 138 (2) For each fom~lo dog or C~t, oospayed or neutered. . . 10.00 $7/1-year 139 taa: $14/2-yeartaa: $21/3-yeartaa 140 (3) For each m~lo dog or cat, spayed or neutered . . . ~$5/1-year taa: 141 $1 0/2-year taa: $15/3-year taa 142 (4) For o~ch f.om~lo dog or c~t, sp~yod . . .2.00 143 (61) Kennel of five (5) to twenty (20) dogs, or cattery of five (5) to twenty (20) 144 cats . . . 35-:00 145 (99.) Kennel of twenty-one (21) or more dogs, or cattery of twenty-one (21) or 146 more cats . . . 50-:00 147 148 (b) A Quarterly prorated license tax shall be imposed on any dOQ or cat owner 149 when he or she moves to Virainia Beach or purchases, adopts, or otherwise acquires a 150 doa or cat that has a current rabies vaccination. This proration may only be imposed by 151 the staff at the office of the city treasurer, and no proration may be offered by appointed 152 aaents authorized by section 5-47.1. The proration shall be based on date of residence 153 or date of purchase as compared to the date of rabies expiration. Verification of these 154 dates must be provided at time of Iicensina. Quarterly proration of the license fee shall 155 be determined based upon the amount of time remainina before the rabies vaccination 156 expires. The Quarterly proration shall be as follows: 157 158 25% of the annual fee if at least one month. but less than four months, remain 159 before expiration of the vaccination. 160 50% of the annual fee if at least four months, but less than seven months, remain 161 before expiration of the vaccination. 162 75% of the annual fee if at least seven months, but less than ten months, remain 163 before expiration of the vaccination. 164 100% of the annual fee if at least ten months remain before expiration of 165 vaccination. 166 167 (c) A Quarterly prorated license tax shall be imposed on any doa or cat owner 168 havina a valid rabies certificate issued between January 3, 2005 and September 30, 169 2007. The proration shall be based on the time remainina on January 1, 2008 and the 170 expiration of the rabies certificate. Quarterly proration shall be imposed only on portions 171 of years. and shall be imposed as follows: 172 173 25% of the annual fee if at least one month, but less than four months, remain 174 before expiration of the vaccination. 175 50% of the annual fee if at least four months, but less than seven months. remain 176 before expiration of the vaccination. 177 75% of the annual fee if at least seven months, but less than ten months, remain 178 before expiration of the vaccination. 179 100% of the annual fee if at least ten months remain before expiration of 180 vaccination. 181 ~ lQ) No license tax shall be levied under this section on any dog that is trained 182 and serves as a guide dog for a blind personJ, 6f that is trained and serves as a hearing 183 dog for a deaf or hearing-impaired person. or that is trained and serves as a service doq 184 for a mobility-impaired person. For the purposes of this subsection, a "hearing dog" is a 185 dog trained to alert its owner, by touch, to sounds of danger and sounds to which the 186 owner should respond. and a "service doqn means a doq trained to accompany its 187 owner for the purpose of carrvinq items. retrievinq obiects. pullinq a wheelchair or other 188 such activities of service or support. 189 190 fej litl Any person who applies for a license tag for a neutered or spayed dog or 191 cat shall present, at the time of application, an appropriate veterinarian's certification 192 suitable to the city treasurer attesting to the neutering or spaying of the dog or cat. If 193 such certification is not so presented, the dog or cat shall be taxed the fee levied on 194 unneutered and unspayed dogs or cats. 195 196 COMMENT 197 198 This amendment increases the yearly local license tax for neutered/spayed dogs from $2 to 199 $7, and for neutered/spayed cats from $2 to $5. Any tax paid will be non-refundable. 200 201 The amendments also provide for proration to enable the time period for licenses to match 202 as closely as practical the time period/expiration date of rabies vaccinations. Having both a rabies 203 renewal and the local license tax renewal due at approximately the same time will be convenient to 204 dog and cat owners, who may purchase both the vaccination and pay their license fee at the same 205 time if their vet chooses to become a vet-agent. 206 207 Subsection (b) authorizes pro-ration for those who have recently moved into the City or 208 those who have recently obtained a dog or cat that has already been vaccinated. Subsection (c) is a 209 transitional measure that will enable the Treasurer's Office to approximately match the expiration 210 date oflocallicenses with the expiration date of the dog's or cat's rabies vaccination. Proration is 211 based on the time remaining as of January 1, 2008, which is the effective date of this ordinance. 212 Because of the complexity involved in prorating, only the City Treasurer's Office, not vet-agents, 213 are authorized to pro-rate. Given the relatively small annual fee that is assessed for local licenses, it 214 is anticipated that some dog or cat owners may chose, for convenience, not to prorate but to instead 215 to purchase full year licenses from their veterinarians. Citizens who wish to prorate, however, may 216 do so by visiting the Treasurer's Office. 217 218 219 Sec. 5-49. When tax due and payable. 220 221 The license tax on dogs and cats shall be due and payable as follows: 222 223 (1) On or before J~muary first and not later than January thirty first of each 224 year, the owner of any dog and cat four (4) months old or older shall pay such tax. 225 226 (2) If a dog or cat shall become four (4) months of age or come into the 227 possession of any peroon from January first through October thirty firct of any year, the 228 license tax for the current calendar year shall be paid forthwith by the owner. 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 (3) If 3 dog or cat sh311 becomo four (4) months of 3g0 or como into tho possossion of 3ny parson from Novombor first through Docombor thirty first of 3ny Y03r, tho liconso t3X for tho suooooding c310nd3r yoar sh311 be p3id f-orthwith by tho ownor, and such Iiconso sh311 protoct such dog or C3t from the d3to of purch3so. (1) When a dog or cat becomes four (4) months of aqe and receives its first rabies vaccination. (2) When a doq or cat receives a subsequent rabies vaccination. f4) QLJ\ny porson tr~msporting 3 dog or cat into tho city from somo othar jurisdiction shall oomply with this soction wWithin thirty (30) days from the day ho or sho a person brings S\:ffiI:l ~dog or cat into the city from another iurisdiction, if such dog or cat is to be kept in the city more than thirty (30) days. COMMENT This amendment provides for the payment of the local dog and cat license tax in conjunction with the administration of a rabies vaccination, when the dog or cat becomes four (4) months of age or when the dog or cat is brought into the city for more than thirty (30) days from another jurisdiction. State law prohibits the City from issuing a local license for dogs or cats that do not have a current rabies vaccination. Sec. 5-51. Issuance, composition and contents. (a) Upon receipt of a proper application and the prescribed license tax, the city treasurer or an appointed agent shall issue a dog or cat license; provided that no such license shall be issued for any dog or cat, unless there is presented to the city treasurer or an appointed agent evidence satisfactory to the treasurer or the appointed agent that the owner has complied with section 5-87 with respect to such dog or cat. (b) Each dog or cat license shall consist of a license tax receipt and a metal tag. Such receipt shall have recorded thereon the amount of the tax paid, the name and address of the owner or custodian of the dog or cat, the date of payment, the yeaF period for which the license is issued, the serial number of the tag and whether the license is for a male, or female, cat or doq, neutered/spayed or unaltered, or unsoxod f-om310 dog or for a kennel or cattery. The metal tag issued hereunder shall be stamped or otherwise permanently marked to show the name of the city, tho sox of tho dog or cat and tho oalond3r yoar for v.'hich issuod and shall bear a serial number. COMMENT This amendment changes the wording of this ordinance to incorporate the changes made in section 5-47, which includes authorization for multi-year licenses. The amendment also removes the requirement that the metal tags include the sex of the animal and the year for which it was issued. The tags will continue to have a serial number, and Animal Control officers have access to a 277 database that can be referenced by serial number to determine the tag expiration date and 278 information that identifies the animal by type (dog or cat), sex, and spayed/neutered/unaltered 279 status. 280 281 282 Sec. 5-52. Preservation and exhibition of license receipt; tag to be worn by dog 283 or cat; exceptions. 284 285 (a) A dog or cat license receipt shall be carefully preserved by the person to 286 whom it is issued and exhibited promptly on request for inspection by any animal control 287 officer or any police officer of the city. Dog or cat license tags shall be securely fastened 288 to a substantial collar by the owner or custodian and worn by such dog or cat. The 289 owner of the dog or cat may remove the collar and license tag required by this section 290 when a dog is engaged in lawful hunting; when the dog or cat is competing in a dog or 291 cat show; when the dog or cat has a skin condition which would be exacerbated by the 292 wearing of a collar; when the dog or cat is confined; or when the dog is under the 293 immediate control of its owner. 294 295 (b) Any dog or cat not wearing a collar bearing a license tag marked with the 296 name of the city of the proper calendar year shall prima facie be deemed to be 297 unlicensed, and in any proceedings under this article, the burden of proof of the fact that 298 such dog or cat has been licensed or is otherwise not required to bear a tag at the time 299 shall be on the owner of the dog or cat. 300 301 COMMENT 302 303 This amendment changes the wording of this ordinance to incorporate the changes made in 304 section 5-47, which includes authority to issue multi-year licenses. 305 306 307 Sec. 5-55. Records and reports; disposition of unsold tags. 308 309 The city treasurer shall enter, in a dog or cat license sales record, the date of the 310 sale of dog or cat tags, including sales to kennels and catteries, and the names and 311 addresses of persons, in alphabetical order, to whom sold and shall keep an account of 312 the amount of the license tax paid. The bureau of animal control shall keep a record of 313 dog or cat tag serial numbers in numerical order. At the close of the fiscal year, an 314 annual report of such sales shall be filed by the treasurer with the director of finance, 315 who shall audit such records, accounts and unsold dog or cat license tags and authorize 316 the treasurer to destroy unsold tags. 317 318 COMMENT 319 320 This amendment removes language authorizing the destruction of tags previously issued 321 under the prior code section, as this language is no longer necessary. 322 323 324 Sec. 5-70. Same--Minimum period; redemption by owner. 325 326 Dogs and cats impounded under this article shall be kept for not less than five (5) 327 days, unless sooner reclaimed by their owners. An owner reclaiming such an 328 impounded animal shall pay a fee of 1:\.'Jenty doll3rs ($20.00), plus ten doll3rs ($10.00) 329 for e3ch 3ddition31 d3Y or p3rt thereof th3t the 3nim31 is impounded as outlined in 330 section 5-17 above. The payment of such fees shall not relieve the owner from 331 prosecution for violation of section 5-67. 332 333 COMMENT 334 335 This amendment cross-references Section 5-17, which sets forth the fees for impoundment. 336 This ordinance shall become effective January 1, 2008. Adopted by the City Council of the City of Virginia Beach, Virginia, on this _ day of , 2007. APPROVED AS TO CONTENT: CA10413 R-AlternateA October 30, 2007 APPROVED AS TO CONTENT: ~.;4 L~ /( mal Control ' APPROVED AS TO LEGAL SUFFICIENCY: /~ City Attorney's OffiE- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance authorizing the City Manager to execute a lease for less than five years with the Beach Quarters Inn, L.C. for 0.13 acre of City-owned land located on Atlantic A.venue MEETING DATE: November 6,2007 . Background: The City of Virginia Beach has been leasing this parcel to Beach Quarters Inn for its use in parking registered guests of the hotel. This agreement will continue the current lease arrangement. . Considerations: The lease is for one (1) year with two one (1) year renewal options and a third nine-month renewal opti on (this lease will not extend beyond September 30,2012). The lease also includes a provision for a 30-day termination by the City with proper notice. . Public Information: Advertisement of City Council Agenda . Alternatives: Approve Lease Agreement as Presented, Change conditions of the Lease Agreement or deny leasing of subject premises. . Recommendations: Approval . Attachments: Ordinance Summary of Terms Location map Recommended Action: Approval /l /C((v-l Submitting Department/Agency: Management S(rvices I Facilities Management Office City Manage~ ~ '6e~ 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR LESS 3 THAN FIVE YEARS WITH THE BEACH 4 QUARTERS INN, L.C. FOR 0.13 ACRE OF 5 CITY-OWNED LAND LOCATED ON ATLANTIC 6 AVENUE 7 8 9 WHEREAS, the City of Virginia Beach ("the City") is the owner of that 10 certain parcel of land located at 300 Atlantic Avenue; 11 12 WHEREAS, the Beach Quarters Inn, L.C. has agreed to pay the City 13 $12,892.00 for the use of this property for a twelve-month period; 14 15 WHEREAS, no previous authorization from Council has been given for the 16 execution of a written lease, for the Premises; 17 18 WHEREAS, the Beach Quarters Inn, L.C. would like to enter into a formal 19 lease arrangement with the City for the Premises shown on Attachment A; 20 21 WHEREAS, the Premises will be utilized for parking of guests staying at 22 the Beach Quarters Inn and for no other purpose; 23 24 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA: 26 27 That the City Manager is hereby authorized to execute a lease for the term 28 of less than five years between the Beach Quarters Inn, L.C. and the City for the 29 Premises in accordance with the Summary of Terms attached hereto and such 30 other terms, conditions or modifications as may be satisfactory to the City 31 Manager and the City Attorney. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia on the 34 day of November, 2007. CA 10327 R-1 1 0/22/07 V:lapplicationslcitylawprodlcycom32lWpdocslD022lP002100042322.DOC APPROVED AS TO LEGAL SUFFICIENCY AND FORM APPROVED AS TO CONTENT j SUMMARY OF TERMS LESSOR: City of Virginia Beach LESSEE: Beach Quarters Inn, L.C. PREMISES: Approximately 0.13 acres of land located at 300 Atlantic Avenue TERM: January 1, 2008 through December 31 , 2008, with two one-year renewal options and one nine-month renewal option (the Term of the Lease will not extend beyond September 30,2012) RENT: $12,892.00 per year RIGHTS AND RESPONSIBILITIES OF LESSEE: . Will use the Premises for employee/guest parking for the Beach Quarters Inn and for no other purpose. . Will keep, repair, and maintain the Premises at its expense. . Will maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence. Lessee shall provide a certificate evidencing the existence of such insurance. . Will comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. TERMINATION: The City may terminate the Lease at any time without cause upon 30 days notice to Lessee. Attachment A ~ .1~*.'~'J. "., .)\ ~10~. ;~ ~ .~~ '1:, .... .... ,.,.,.,.,~... .. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance authorizing the execution of a Cost Participation Agreement between the City and Lakeside/Swinson Note, LLC for the construction of stormwater improvements for Princess Anne Road Phase VII (CIP 2-195) and Red Mill Walk MEETING DATE: November 6, 2007 . Background: On April 3, 2007, the site plan for the new Red Mill Walk shopping center was approved. The site is located near the intersection of Upton Drive and Elson Green Avenue adjacent to the Princess Anne Road Phase VII (CIP 2-195) project (the "Road Project"). The developer of Red Mill Walk, Lakeside/Swinson Note, LLC ("Developer"), has agreed to oversize the outfall pipes to accommodate the drainage from one of the proposed ponds for the Princess Anne Road Phase VII Project (CIP 2-195). This cost participation agreement will allow the construction of a stormwater outfall system for both the Road Project and the Red Mill Walk site. . Considerations: Pursuant to the terms of the proposed Cost Participation Agreement, the stormwater outfall improvements would be completed by Lakeside/Swinson Note, LLC during the construction of the Red Mill Walk site. The City's cost is $96,220.00 and is based on the difference between the original outfall pipe sizes and increased size due to the Road Project. Estimated savings by the City resulting from cost participation for the improvements are $453,780. . Public Information: The City has held two public meetings on the Princess Anne Road Phase VII (CIP 2-195) project. The most recent was the Design Public Hearing on June 13,2007. . Alternatives: Disapprove and authorize construction of the drainage outfall in 2009 as part of the Project for an estimated cost of $550,000. . Recommendations: Staff recommends Council adopt the Ordinance authorizing the City Manager to execute a Cost Participation Agreement. . Attachments: Ordinance with exhibits Location Map showing Road Project alignment Summary of Terms Recommended Action: Approve Ordinance and Execute Agreement Submitting Department/Agency: Public Works/Engineering f) A_{) City Manager~ t, ~f#<t r IT 1 ORDINANCE AUTHORIZING THE EXECUTION 2 OF A COST PARTICIPATION AGREEMENT 3 BETWEEN THE CITY AND 4 LAKESIDE/SWINSON NOTE, LLC FOR THE 5 CONSTRUCTION OF STORMWATER 6 IMPROVEMENTS FOR PRINCESS ANNE 7 ROAD PHASE VII (CIP 2-195) AND RED MILL 8 WALK. 9 10 11 WHEREAS, Lakeside/Swinson Note, LLC, a Virginia limited liability company 12 ("Developer"), is the developer of the Red Mill Walk shopping center to be located along 13 Princess Anne Road in the City of Virginia Beach (the "Development"), and is required to 14 construct a stormwater outfall system for the Development; 15 16 WHEREAS, the City of Virginia Beach (the "City") is in the process of realigning, 17 improving and extending Princess Anne Road pursuant to the project known as Princess 18 Anne Road Phase VII (CIP 2-195) (the "Road Project"); and 19 20 WHEREAS, the City has requested that the Developer construct the stormwater 21 outfall improvements for the Development with larger stormwater capacity than is 22 necessary to provide stormwater management to the Development; and 23 24 WHEREAS, the City's requested improvements are outlined on the plan sheet 25 labeled "Stormwater Outfall Improvements" attached hereto as Exhibit A; and 26 27 WHEREAS, such additional drainage capacity in the Stormwater Outfall 28 Improvements is of value to the City in providing stormwater management for the Road 29 Project. 30 31 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 34 That the City Manager is hereby authorized to execute a cost participation 35 agreement between the City and Developer for construction of a stormwater outfall system 36 in accordance with the Summary of Terms for the Cost Participation Agreement, attached 37 hereto, and containing other terms as are acceptable to the City Manager and approved by 38 the City Attorney. 39 I 40 41 Adopted by the Council ofthe City of Virginia Beach, Virginia, on the ,2007. day of CA-10326 V:\applications\citylawprodlcycom32\WpdocsID03\ IPOO2\OOO39484.DOC 10/23/07 APPROVED AS TO CONTENT: ~ Department of Public Works APPROVED AS TO LEGAL SUFFICIENCY: CERTIFIED AS TO AVAILABILITY OF F~~_ ~~~ Department of Finance filJ City Attorney's Office 2 -~_..._----_..-.._.__..._---_..._._-_..-- --------...-----..--....------- ~ ~u;! ~u-~ ~.~ia ~~~!i~ ~I~i~ ~ lig~ ~ Se; ~2;;~ .I~i~ ~i!i ~ ~~~ 'Q~ -~~ h~ ~~~ ~2~ ~ '" S ~ ~ ;J E ~ ~ Ii>" I-.)~ / .,....... i~1 "'lp H ~~ 2; _8 ~~ ~d ~~ =~ 8~ 11~ ; . 'y~' . '.. '..1. '. ." "- // /!: ,.~.,. /~/ I I 'JY~ ;' \ " n . ~~ i .:.t 1- ~ VlRCI!<IA BEACH ....... '.:(1e11~noo 601.....-..~ Ftx:(1ST}6'6-1J01 --= VIRCDlIA 02001 ~ _ ____ _ - :IN '(:) ~ OVERALL UTILITY PLAN RED MILL WALK ~_n Kimley-HOOl 1iIIIIo.i_ U and Associates. Inc .7 , \ ,..... )> ., . en ,..... o ~ 3 ~ Q) ,..... CD ~ i I F '. o c ,..... or .~ I; '" '" ~ ,. 3 -c ~ o < CD 3 CD :J ,..... (fJ I I I .\.. _.~~ r ,",: :;;,~:," '~ ,I \ /J \J;!l/f!j6.~:!!,~v,~ ~ 1t::::;'NJ~~ ?/7' /'> ~yv~ q, ~J~ . {/~k~ I ~~~,x-i~1" <Q~. ~:J..r.~ - ?", r-. .. \lilWUO' ? ~' ..... 'I'.. 6 l!o . ~ ~' ~~ ~r 0(('~F.> A, . '-i ";'~~ f;t...... (j '~ ,V,<.. ~ "~1 pi}, /P ?I....... ~/, ~r:::( ~-::<~~ V j 1.- ~I' ;j. J ,~, .""-1 'f'.., ) , v,: I 1..-: 'I '"V 0;K." . . ~i' .'" 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S)~i~~ ~/ ~ '-\ :--- G [\ i: 1.-"0 D/: -- r 1" ~~ \.....0 J<. ~ Cl M~S ~ .\Q] c~o ~ /I 0 ~ 1\D(JCJP~ rl G 1\ =-= '""" ~- -.F --....- ~ <> GPIN 2414-14-1532 L...- / ...... ) r ~ ~ GPIN 2414-13-7942 1 ~ u ,,~OW '~ P L .~ ~ i u r-& L, ~" <:;; ~~ .~ - r LOCATION MAP ~ PRINCESS ANNE ROAD ~~ICJ/~ 'i:1 \lq~I:J!'" ~~ PHASE VII ~ ~ D ~~~ C In # 19 ~~Cl~ [? ro~' · .r. 2- 5 ~ oBI\) ~ M3& ).t7 ~ ~ r'7olol ClI\ II n Ir--."'--~ /I-.:;wJ. a II If J rrT"li( lr.:;. -'=L ~ ':;'-{ c c =-~~~ c 0 ~~s~~ @ ~ CJI ~ S~~I. . ~ n_,"",,, <:: Isatr- -2@1 .~ . / 500 r::: - - 7 '--.I If X:\Projects\ARC Files\Agenda Maps\Princess Anne Rd Phase VII CIP 2-195\PRINCESS ANNE RD PH VII.MXD 11/31/06 SUMMARY OF TERMS PRINCESS ANNE ROAD PHASE VII (CIP 2-195) AND RED MILL WALK SHOPPING CENTER COST PARTICIPATION AGREEMENT DEVELOPER: Lakeside/Swinson Note, LLC OWNER: John Gibson COST P ARTICIP ANT: City of Virginia Beach CONSTRUCTION COSTS: Payment by the City to Developer in the amount of $96,220. All bonds must be posted prior to payment by the City. Payment will be made within thirty days after i) completion of the improvements in accordance with the approved plans, ii) acceptance by the City, and iii) submission by Developer of a requisition and invoices for the costs. CHANGE ORDERS: Costs associated with any Change Order will be negotiated at the time of the discovery of an unforeseen condition or at the time of any City initiated request for a change. Change Orders must be in writing and be mutually agreed upon. Change Orders may not exceed the total amount to be paid by the City by more than $24,055.00 (25% of original) without the advance written approval of City Council. SPECIAL TERMS AND CONDITIONS: Developer is required to post a performance bond and pay the standard inspection fees. Developer will perform all preliminary site work including surveying and stakeout, clearing, grading, etc. necessary for the construction of the stormwater project. Developer will install 237' of 66" Reinforced Concrete Pipe ("RCP"), 140' of 60" RCP, 251' of 54" RCP, 131' of 48" RCP, 72' of36" RCP, and eleven (11) larger drop inlets, for the future outfall for the future Princess Anne Road Phase VII drainage pond. Developer will construct all erosion and sediment control features necessary for the stormwater project. Developer will dedicate to the City a variable width public utility and drainage easement and a 30' -wide drainage easement as depicted on Exhibit A to the Ordinance. Once constructed, the City shall have the right to use the outfall for stormwater management as part of the Princess Anne Road Phase VII project. The City shall be responsible for inspecting the improvements and will have the permanent right to maintain flow and reasonable right of access for such inspections and maintenance via the dedicated public drainage easement. Developer, or his successors, shall be responsible for landscape maintenance, and any pavement repairs resulting from vehicular use. ~~. ~'''''1''''':-',:@l 1'. _' ~.... -: -, \~ {S(.i...,.,.. - :.> ~~-:"< :}> ~."'.,,~~~:r-~ ~~~~...j:i' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Concerning the Collection of Delinquent Personal Property Taxes by a Collection Agent Retained by the Treasurer MEETING DATE: November 6, 2007 . Background: On May 8, 2007 the City Council adopted an ordinance authorizing the City Treasurer to retain a collection agent to collect delinquent personal property taxes that are more than three years old. The Treasurer has a very high collection rate for delinquent taxpayers who live, work and have vehicles registered in the Commonwealth of Virginia, but for taxpayers who no longer reside, work, or have vehicles registered in the Commonwealth, collection can be problematic. Although the ordinance adopted in May authorized the Treasurer to retain a collection agent, it did not address whether the Treasurer may pass the costs of the collection agent on to the delinquent debtor. This ordinance addresses that issue and will authorize a collection agent fee of up to 20 percent of the delinquent taxes, with the fee to be paid by the delinquent taxpayer. . Considerations: Virginia Code ~ 58.1-3958 permits the City Council to authorize payments to a collection agent as provided in this ordinance. . Public Information: Public information will be provided through the normal Council agenda process. . Alternatives: The City can pay for the services of the collection agent. . Attachments: Ordinance. Recommended Action: Approval Submitting Department/Agency: City Treasurer City Manag . k. ,6r3~ 1 2 3 4 AN ORDINANCE CONCERNING THE COLLECTION OF DELINQUENT PERSONAL PROPERTY TAXES BY A COLLECTION AGENT RETAINED BY THE TREASURER 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, by Ordinance adopted May 8,2007, the City Council authorized the Treasurer to retain a collection agent to collect delinquent personal property taxes that are more than three (3) years old; and WHEREAS, Virginia Code section 58.1-3958 provides that, if authorized by the City Council, the reasonable attorney's or collection agency's fee for such service may be imposed upon each person chargeable with the delinquent taxes, in an amount not to exceed 20 percent of the taxes or other charges so collected; and WHEREAS, the City Council is of the opinion that the collection cost for these delinquent taxes should be imposed upon the persons chargeable with same, in accordance with Virginia Code section 58.1-3958. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That, in the engagement of a collection agent to collect delinquent taxes pursuant to the authority granted by ordinance on May 8, 2007, the Treasurer is authorized to provide by contract that the collection agent shall be entitled to a fee not to exceed 20 percent of the taxes so collected, which fee shall be imposed upon the person chargeable with the delinquent taxes. Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2007. day of APPROVED AS TO LEGAL SUFFICIENCY: CA 10518 R-2 October 4,2007 48'i;'" ..c~"""".",~ch ~..~.~~.~,... ". "'....ft:t.:) (~l'~(!f- <-,,.'9,) ~~i;'-> - ~'wr~~ ~~#\;~~;; ..1iJ "~;~~. ~~~y -...~"",... CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $17,479 from the Virginia Department of Environmental Quality to the Parks and Recreation Department's FY 2007- 08 Operating Budget to Enhance Environmental Programs MEETING DATE: November 6, 2007 . Background: The City has received a Clean Community Grant from the Virginia Department of Environmental Quality for a number of years and the funding is included in the annual budget. The City is receiving more funding than originally estimated due to an increase in litter tax collections and a carryover of grant funds at the state level. The grant award of $57,479 represents a $17,479 increase from the amount estimated in the budget. . Considerations: The increase in grant amount for FY 07-08 will enable Clean Community to enhance their environmental programs such as Adopt-A-Programs, Helping Hands, and initiate the Cigarette Butt campaign. There is no City match required for this grant. . Public Information: Public information would be handled through the normal Council Agenda Process. . Alternatives: Declining the funds would eliminate funding for the Clean Community Program. . Recommendations: Accept the grant and appropriate the increase of $17,479 to enhance the environmental programs within Clean Community. . Attachments: Ordinance; DEQ grant award letter Recommended Action: Approval Submitting Department/Agency: Parks and Recreation City Manage~ l.'g)~ 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $17,479 2 FROM THE VIRGINIA DEPARTMENT OF ENVIRONMENTAL 3 QUALITY TO THE PARKS AND RECREATION. 4 DEPARTMENT'S FY 2007-08 OPERATING BUDGET TO 5 ENHANCE ENVIRONMENTAL PROGRAMS 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 That a $17,479 is hereby accepted from the Virginia Department of Environmental 9 Quality and appropriated to the Parks and Recreation Department's FY 2007-08 Operating 10 Budget for the purposes of enhancing environmental programs, with revenue from state 11 increased accordingly. of Adopted by the Council of the City of Virginia Beach, Virginia on the 2007. day Approved as to Content: Approved as to Legal Sufficiency: jj~~t Management Services CA 10525 R-1 October 17, 2007 #'~~:;, .t"r - - :~ · b .'" -~ :'" !!, \ . ~.,; . !J '~:#~.A ..;~. ~' ..,~~~~. L. Preston Bryant. Jr. Secretary of Natural Resources COMMONWEALTH a/VIRGINIA DEPARTMENT OF ENVIRONA1ENTAL QUALITY Street addrl!ss: 629 East Main Street, Richmond, Virginia 23219 .\failing address: P.O. Box 1105, Richmond. Virginia 23218 Fax (804) 698-4500 TDD (804) 698-4021 www.deq. virgin ia.gov David K. Paylor Dire<.:tor (804) 698-4000 1-800-592-5482 September 19, 2007 Mr. James Spore City Manager City of Virginia Beach 4141 Dam Neck Road Virginia Beach, V A 23456 Dear Mr. Spore: I am pleased to inform you that a new grant award of $ 57,479 has been approved for the City of Virginia Beach Litter Prevention and Recycling Program activities for the period July 1,2007 to June 30, 2008. A payment for this amount should be received within the next two weeks if funds can be transferred electronically (EDI) or in thirty days if processing by check is required. Please note that your grant amount reflects an increase over last year's allocation due to: 1. an increase in the FY 2007 litter tax collections, and 2. a final budget adjustment to include carry-forward from last FY to the Litter Control and Recycling Fund. If you have any questions or need additional information, please contact me at (804) 698-4029 or Sheila Barnett at (804) 698-4055. Our respective email addressesaregscoe@dea.state.va.us and smbamett@deq.state.va.us. Sincerely, G. Stephen Coe Grants Program Manager cc: Ruby Arredondo r('~:'J ~.~- r,0---;:;-ii:-:;I-:~'- ~", ; .!,:: . : . :.1 ':, 'J ,; /', In '. I: J ,..--'..- -~. ...._.___ ' I iI, ! -----1 I . I, _ , II I' " 'I r, I! . ;UY SfP 2 1 ?007 )/ J! I -.-..... '" ( , ._-. ;~.. .---.. . ~ -, F ~ i H: ;~:: '( \~.....,~ . t .~: L. APPOINTMENTS OPEN SPACE ADVISORY COMMITTEE RESORT ADVISORY COMMISSION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ********************************** PUBLIC COMMENTS Non-Agenda Items ********************************** CITY COUNCIL'S JANUARY 2008 SCHEDULE January 8,2008 Briefing, Informal, Formal, Planning, Open Dialogue January 15, 2008 Location to be Announced -7:15 pm SwrmwarerPfunsandFunmng January 22, 2006 Briefing, Informal, Formal, Planning, ********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** Agenda 11/06l07gw www.vbeov.com CITY OF VIRGINIA BEACH SUMMARY OF COUNCU ACnONS V 0 I DATE: October 23, 2007 M B L D C E L E D H C R A W PAGE: 1 S 1 E J L N U N I T E D N 0 A D H U L W AGENDA E Z Y L N N 0 R E S 0 ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0 H L R Y S N F N A N D II BRIEFINGS A STRATEGIC GROWTH AREAS Steve Herbert, Chief Development Officer B UPCOMING LAND USE ITEMS Jack Whitney, Director of Planning 1 III III 1VI VI VII E CERTIFICA nON OF CLOSED SESSION CERTIFIED 10-0 Y Y Y Y Y Y Y Y A Y Y FIG MINUTES Informal/Formal Sessions October 9, 2007 APPROVED 10-0 Y Y Y Y Y Y Y Y A Y Y H/1 PUBLIC BID OPENING BIDS RECEIVEDI L YNNHA VEN MUNICIPAL MARINA- Lease ACTION 10-0 Y Y Y Y Y Y Y Y A Y Y for Operation DEFERRED ON STAFF'S FURTHER REVIEW J/1 Ordinance to AMEND ~16-54 of the City Code ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y A Y Y re Workforce Housing Advilory Board CONSENT 2 Ordinance to AUTHORIZE encroachment into ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y A Y Y portion of City property, forTHOMAS Q. CONSENT BAKKE, at 4609 Holly Road DISTRICT 6- BEACH 3 Ordinance to ESTABLISH a Relocation ADOPTED, BY 8-2 N Y Y Y Y N Y Y A Y Y Specialist II position in Ec Develop to facil itate CONSENT the Oceana IT A (BRAe) 4 ResolutionREQUESTING General Assembly ADOPTED 7-3 N N Y Y Y N Y Y A Y Y Delegation to work with Norolk's Delegation resmoking in restaurants CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I DATE: October 23,2007 M B L D C E L E D H C R A W PAGE: 2 S I E J L N U N I T E D N 0 A D H U L W AGENDA E Z Y L N N 0 R E S 0 ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0 H L R Y S N F N A N D 5 Resolution toAUTHORIZE School Board ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y A Y Y Literary Fund of Virginia loan of$7,500,000 CONSENT for Virginia Beach Middle School 6 Resolution toAUTHORIZElDlRECT City ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y A Y Y Manager to execute a Special Order by Consent CONSENT with DEQ re hazardous waste disposal at Landstown Yard 7 Resolution toENDORSE Dune Encroachment ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y A Y Y recommendations byBeaches/Waterways CONSENT Advisory CommissionIDlRECTCity Manager to effectuate action K/1/a Applications reModification of Conditions APPROVEDI 10-0 Y Y Y Y Y Y Y Y A Y Y INTERNATIONAL CHRISTIAN CHURCH CONDITIONED, at 2969 Holland Road (approved on May 12, BY CONSENT I 992/April11, 1995/June 10, 1997) DISTRICT 7 - PRINCESS ANNE b JOHN D./RANDI VOGELre seasonal display EXTENSION 10-0 Y Y Y Y Y Y Y Y A Y Y relocation at 2388-2400 London Bridge Road APPROVED TO (approved October 11, 2006)DISTRICT 7- 7/301081 ADDED PRINCESS ANNE CONDITIONS 2/a Applications reCUPs J. D. VALLEY, L.L.c.re vehicle sales/rental at DEFERRED 10-0 Y Y Y Y Y Y Y Y A Y Y 6119 Indian River Road DISTRICT 1- INDEFINTEL Y, CENTERVILLE BY CONSENT b DOROTHY JACOBSON re residential APPROVEDI 10-0 Y Y Y Y Y Y Y Y A Y Y development atPefley LanelMunden Point CONDITIONED, Road. DISTRICT 7- PRINCESS ANNE BY CONSENT c HERTZ CORPre bulk storage at7l6 S. APPROVEDI 10-0 Y Y Y Y Y Y Y Y A Y Y Military Highway DISTRICT 2- CONDITIONED, KEMPSVILLE BY CONSENT d VERNELL DREUlTIre church at3692 South APPROVEDI 10-0 Y Y Y Y Y Y Y Y A Y Y Plaza Trai~ DISTRICT - 3 ROSE HALL CONDITIONED, FOR 5 YEARS, BY CONSENT e VA BEACH RESORT, LLCre APPROVEDI 10-0 Y Y Y Y Y Y Y Y A Y Y hotel/mote/additionallodgingldwelling CONDITIONED, units/outdoor recreation for personal watercraft BY CONSENT service at2816 Shore Drive. DISTRICT 5- LYNNHAVEN CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I DATE: October 23,2007 M B L D C E L E D H C R A W PAGE: 3 S I E J L N U N I T E D N 0 A D H U L W AGENDA E Z Y L N N 0 R E S 0 ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0 H L R Y S N F N A N D 3/a NICK WILLIAM WRIGHT, JR. from AG-2 APPROVED, BY 10-0 Y Y Y Y Y Y Y Y A Y Y to Conditional R-7.5 at Nimmo CONSENT Parkwayffownfield LaneDISTRICT 7- PRINCESS ANNE b AGC ACQUISITION, L.L.C. from AG-2 to DEFERRED 10-0 Y Y Y Y Y Y Y Y A Y Y Conditional &4 re a retail/mult~family INDEFINTEL Y, dwellings at1291 Nimmo Parkway(deferred BY CONSENT indefinitely August 14,2007) DISTRICT 7- PRINCESS ANNE ell) CORAL DEVELOPMENT LLC DISTRICT 7 DEFERRED 10-0 Y Y Y Y Y Y Y Y A Y - PRINCESS ANNE INDEFINTEL Y, Variance to S5B of Site Plan BY CONSENT Ordinance/F100dp1ain Regulations, re a roadway and ditch oioing 2) from AG-2 to Conditional R-15 a PD-H2 at DEFERRED 10-0 Y Y Y Y Y Y Y Y A Y 1628, Sandbridge Road12741/2753/2797 INDEFINTEL Y, Atwood R BY CONSENT 4 JOSEPHW. FREEMAN JR. for closure APPROVED, AS 10-0 Y Y Y Y Y Y Y Y A Y Y portion of Grim stead LaneBack Bay Landing PROFFERED, Rd to incorporate surrounding property/restrict BY CONSENT access DISTRICT 7 PRINCESS ANNE L APPOINTMENTS RESCHEDULED B Y C 0 N S E N S U S HISTORIC SITES ORGANIZING COMMITTEE OPEN SPACE ADVISORY COMMISSION MINI ADJOURNMENT 7:08 pm 0 CITY COUNCIL'S JANUARY 2008 SCHEDULE January 8, 2008 Briefing, Informal, Formal, Planning, Open Dialogue January IS, 2008 Location to be Announced -7:15 pm Stormwater Plans and Funding January 22, 2006 Briefing, Informal, Formal, Planning,