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NOVEMBER 6, 2007 MINUTES 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 I 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 - LESLIE L LILLEY CITY CLERK - RUTH HODGES FRASER, MMC 06 NOVEMBER 2007 I. 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 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH. VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com VI. 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 PRESENT A TION 1. ASPECT FOUNDATION I. PUBLIC HEARINGS 1. LEASE OF CITY OWNED PROPERTY Parking at Beach Quarters Inn, Atlantic A venue 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 SS 5-11.1, 5-17, 5-47, 5-48, 5-49, 5-51, 5- 52,5-55,5-70 and ADD S 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 A venue 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 SwrmwarerPfunsandFundmg 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 11/06/07gw www.ybgoy.com - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 6, 2007 Mayor Oberndorf called to order the City Manager's Briefing re FLOW CONTROL in the City Council Conference Room, City Hall, on Tuesday, November 6,2007, at 1:30 P.M Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Robert M Dyer [Entered: 4:10 P.M - with his Mother who is ill] November 6, 2007 - 2 - CITY MANA GER 'S BRIE FING FLOW CONTROL 1:30 P.M. ITEM # 56993 The City Manager advised the Southeastern Public Service Authority (SPSA) has requested its member localities adopt Flow Control ordinances for their respective municipalities. The ordinances would require, with certain exceptions, all solid waste generated or collected within each respective locality to be delivered to a SPSA facility and would therefore include both municipal and commercial waste collections. Southampton and Isle of Wight Counties, as well as the City of Norfolk, have adopted Flow Control ordinances. Portsmouth, Chesapeake, Suffolk and Franklin are currently considering the Flow Control ordinances. Charles Meyer, Chief Operating Officer, advised the purpose of today 's presentation is to provide a brief overview and determine City Council's questions and concerns. Mr. Meyer introduced Phil A. Davenport, Interim Director - Public Works, John S. Hadfield, Executive Director - Southeastern Public Service Authority (SPSA), John E. Barnes - Public Utilities - Engineering and Michael Barrett, Virginia Beach's representative- Southeastern Public Service Authority (SPSA). Mr. Davenport advised Flow Control is the legal right of localities to control disposal of waste generated within their jurisdiction. The 1994 Carbone Supreme Court Decision was widely interpreted to establish Flow Control as unconstitutional. The April 2007 Oneida-Herkimer decision effectively clarified the Court's position to establish conditions under which Flow Control is constitutional. SPSA has requested all of their member localities adopt Flow Control Ordinances. Virginia Beach has a capped rate ($54.00 per ton through 2015). Suffolk does not pay any fees as they have a Host Agreement with the landfill which is located within their geographic area. The other member localities are at $100 per ton. The commercial waste haulers pay a negotiated rate of approximately $28.00 per ton. All member waste is either landfilled or fuels the waste-to-energy plant in Portsmouth. Mr. Davenport displayed two (2) "pie" charts indicating SPSA 's FY 2006-07 Waste Stream - $1.6-MILLION tons and FY 2006-07 Waste Stream Revenue - $58-MILLION Relative the Waste Stream, Commercial and Contract Commercial encompasses 36%, while Municipal is approximately 35%. Commercial constitutes approximately 34% of the Waste Stream Revenue while Municipal encompasses approximately 50%. Municipal Solid Waste Flow Control Impacts: Reduction in total regional disposal cost. ($179-MILLIONto 2018) Reduction in Virginia Beach general fund cost. ($28-MILION to 2018) Increase in cost to Virginia Beach commercial haulers and their customers is estimated to be $57- to $63-MILLION in 2018. Mr. Davenport advised if Flow Control is not adopted, municipal disposal rates will remain higher than typical market rates. Virginia Beach's cost will follow the agreed cap until lifted in 2015. Commercial haulers will likely continue to pay below market negotiated rates. If Flow Control is adopted, the City of Virginia Beach's municipal cost for disposal will decrease. Current estimates range from $28-MILLION to $38-MILLION through January 2018. The cost savings to municipalities will result in a cost increase to commercial haulers between $57-MILLION to $63-MILLION November 6, 2007 - 3 - CITY MANA GER 'S BRIEFING FLOW CONTROL ITEM # 56993 (Continued) John Hadfield, Executive Director - SPSA, advised the plan would be to eliminate "out-ofstate" trash. Mr. Davenport cited current uncertainties: Accurate fair market rates for transfer, transportation and disposal costs Tip fee projections through 2018 Verification of SPSA's debt paid by 2018 Schedule within the Region Southeastern Public Service Authority (SPSA) would like all cities to adopt Flow Control prior to January 2008 Commercial Hauler Contracts have one (1) year notice provisions The City of Norfolk, Southampton and Isle of Wight Counties have adopted Flow Control Portsmouth, Chesapeake, Suffolk and Franklin are considering adoption A public hearing has been scheduled for the November 13, 2007, City Council Session, with a follow-up Briefing to City Council on November 27, 2007. Mr. Hadfield advised, under the current Host Agreement, Suffolk does not pay anything as they are the "host" of the landfill. SPSA is evaluating the next expansion of the landfill ["Cell 7"] and if that Cell is not built or if there is a delay building same, leaving SPSA without public disposal capacity for some period of time, Suffolk would pay the "going Municipal rate" during this period of time. Suffolk does pay fees for recycling household waste disposal for its citizens. Mr. Hadfield advised Virginia Beach's waste qualities amount to approximately 50% of Municipal waste. If Virginia Beach endorses the Flow Control agreement, extension of the tipping fee cap for Virginia Beach will be explored by the SPSA Board of Directors. Out of the eight (8) communities, three (3) [Norfolk, Portsmouth and Franklin] have fees and charge residents, businesses or other entities utilizing their municipal collection service: Norfolk, Portsmouth and Franklin. All of the other Municipalities, such as Virginia Beach, cover their cost of waste management and disposal through the General Tax Rate. Councilman DeSteph believes this concept creates a monopoly by directing and dictating where the trash is disposed. At the present time,that is the decision of the private haulers. Mr. Meyer advised the City has been working to further refine the cost shift concerning the actual impact on an individual property owner. This information will be provided. Relative the commercial sector, there are limitations as so many factors are involved. Council Lady McClanan believes this information is essential in decision making. Mr. Hadfield advised the projects indicate all of SPSA 's current debts, [or those SPSA expects to incur within the next ten (10) years], will be fully paidfor by 2018 (even under the current plan). November 6, 2007 -4- C IT Y MANA G E R 'S B R IE FIN G FLOW CONTROL ITEM # 56993 (Continued) Mr. Barnes advised there are independent landfills - - one is located approximately thirty-one (31) miles away (across the Tunnel), one is sixty (60) miles away and another is hundred (100) miles away Price quotes for services are in the mid twenties as the "gate rate" for the landfill. SPSA service includes transfer station and transportation, which significantly increases the cost. SPSA has nine (9) different transfer stations in their operation. Further information shall be provided There are two (2) transfer stations in Virginia Beach. Mr. Hadfield advised receipt of the "out-of-state" waste was done to generate net cash, even though the market does not compare for other internal waste. Because Flow Control offers opportunities, generally the SPSA Board of Directors believes that eliminating the image issue of "out-of-state" waste is worthwhile. Vice Mayor Jones believes that elimination will also extend the life of the lanc{fill. November 6, 2007 - 5 - C IT Y MANA G E R 'S B R IE FIN G VRS INVESTMENT OF GASB-45 FUNDS 2:37 P.M. ITEM # 56994 The City Manager advised, as part of the planning process, staff has researched the administrative issues surrounding the potential for establishing a Trust in connection with the GASB 45 Annual Required Contribution (ARC). The City will most likely need to establish a Trust for GASB 45 since the creation of a Trust enables the City to use a higher discount rate, which translates into a significantly smaller liability and a lower Annual Required Contribution to fund the liability. Information re the inclusion of a local option for VRS (Virginia Retirement System) as Investment Manager of Virginia Beach's OPEB Trust funds to be added to the Community Legislative Package shall be provided by Patricia Phillips, Director of Finance. Mrs. Phillips advised since City Council gave direction to study a Health Care Plan for 2009, the staff has been reviewing many factors including options for Virginia Beach to manage a GASB 45 Trust A Trust Fund is being considered for funding the Retiree Healthcare Liability - GASB 45 . The City of Virginia Beach will most likely need to establish a Trust for GASB 45 . Creation of a Trust will enable the City to use a higher discount rate, which translates into a smaller liability and a smaller ARC Benefits of an OPEB Trust (to fund post employment benefits other than pensions) . 2007 General Assembly granted authority to localities to create Trusts to accumulate OPEB funds . It allows OPEB assets to be invested to receive pension-like returns . This allows investment earnings to offset a large portion of the cost (70% ofVRS pension funding is from investment earnings) Both the City and Schools have the accumulated funds to make the first year annual required contribution for June 2008. November 6, 2007 - 6 - C IT Y MANA G E R 'S B R IE FIN G VRS INVESTMENT OF GASB-45 FUNDS ITEM # 56994 (Continued) Payments are considered to be an OPEB contribution if: 1. Employer has made an irrevocable transfer of assets to the Plan (employer no longer has ownership or control of assets except reversionary right once all benefits paid) 2. The Plan has been established as a Trust -legally a separate entity under stewardship of a Board of Trustees or equivalent 3. Plan assets are dedicated to providing benefits to retirees and their beneficiaries 4. Plan assets are legally protectedfrom creditors of the employer or the Plan Administrator Options for Investment Management of Trust Assets 1. Local Finance Board hires Investment Manager and Advisor 2. Participate in a local option VML / VACo pooled Trust which hires Investment Manager and Advisor 3. Participate in a proposed local option VRS pooled Trust (legislation required) where VRS is Investment Afanager Option # 1 - Locality Creates and Manages GASB 45 Trust ~ A Finance Board (or equivalent) is created to serve as Trustee and to manage and invest the assets of the Trust Chief Financial Officer · Treasurer · Citizen with business experience · Others as desired by City Council ~ Hires investment managers, advisors, actuary, etc. ~ Not liable for losses ~ "Prudent Person" Rule for investments The City Attorney advised ifprojected returns are not met under Option 1, the locality would have to shoulder the liability and make up the shortage offunds. Option #2 - VML/VACO to Manage a Local Option Pooled Trust . Board of Trustees to retain services of investment managers, investment consultants and custodial banks . Virginia Local Government Finance Corp (VLGFC) to carry out day-to-day administration of the trust, implement investment instructions and coordinate investment managers as directed by Board of Trustees . Local Finance Board to exercise voting rights, implement investment decisions (e.g. investment mix), manage cash flow and select other service providers (e.g. actuary) November 6, 2007 - 7 - CITY MANA GER 'S BRIEFING VRS INVESTMENT OF GASB-45 FUNDS ITEM # 56994 (Continued) Option # 3 - VRS (Virginia Retirement System) Invests Local OPEB Assets (Proposed) . VRS to be Investment Manager of local government OPEB Trust funds . Individual local Trust Agreement still required . MOU between each locality and VRS; VRS not a Plan Sponsor . Enrollment, recordkeeping, accounting, etc. to remain a local responsibility . Requires enabling legislation . Provides another option Mrs. Phillips cited the advantages and disadvantages of each option. November 6, 2007 - 8 - CITY MANA GER 'S BRIEFING VRS INVESTMENT OF GASB-45 FUNDS ITEM # 56994 (Continued) Concerning Senate Bill 789 (207), [the original Bill] granted VRS authority to invest local OP EB funds. This was stricken upon final passage. The House Appropriations Committee was concerned that VRS or the State could be held liable for promises made to local employees by their employer. The Virginia Retirement System (VRS) invests pension funds for each locality and the locality pays the full cost; therefore, OPEB investment would be the same. Each locality would establish their own Trust documents, which should mitigate this concern Mrs. Philips advised adding inclusion of local option for VRS (Virginia Retirement System) as the Investment Manager of Virginia Beach's OPEB Trust funds to the Community Legislative Agenda, doesnot obligate the City to go with VRS. All of the options would continue to be evaluated. However, without including this in the legislative package, this option would be lost. VRS Investment Qualifications . Manages $58-BILLION in retirement assets . $37.6-BILLION equities . $11.2-BILLION fIXed income . $ 8.7-BILLION other asset classes . Earned a 20.4% return in FY-07 . 3-yr annualized return of 14.9% . 5-yr annualized return of 12.8% . Surpassed benchmark return of 18.5% in FY-07 . Wilshire's Trust Universe Comparison Service [TUCS] Report, places VRS in the upper 3 percent of public pension funds in fiscal year 2007 return. November 6, 2007 - 9 - C IT Y MANA G E R is B R IE FIN G VRS INVESTMENT OF GASB-45 FUNDS ITEM # 56994 (Continued) VRS MANAGEMENT OF TRUST . OPEB funds are held in trust, but pooled with VRS funds for investing . Separate accounting of OPEB assets for each locality . Reasonable administrativefee to cover VRS' costs . VRS indemnified against investment losses so long as the funds are invested according to the Prudent Person principles Ms. Phillips cited the Next Steps: 1. Include local option for VRS as Investment Manager of local government OPEB trust funds in Community Legislative Package 2. Continue work identifiedfor 2009 Health Care Plan 3. Update actuarial study for GASB 45 4. Return to Council for review of healthcare options BY CONSENSUS, City Council shall ADD to the Agendafor inclusion in the City's 2008 Community Legislative Package the request for legislation to allow a local option for VRS (Virginia Retirement System) as the Investment Manager of Virginia Beach's OPEB Trust funds. November 6, 2007 - 10 - CITY COUNCIL LIAISON REPORTS ITEM # 56995 2:33 P.M. Mayor Oberndorf and Councilman Wood, Liaisons - Sandler Center for the Performing Arts, referenced the phenomenal Grand Opening Event, November 3,2007, at 7:30 P.M The regions premier Performing Arts Center celebrated its Opening with the great Itzhak Perlman, the reigning virtuoso of the violin. The reviews. even the Media, were very complimentary relative the excellence of the acoustical system Mayor Oberndorf extended appreciation to each and every one who had any part in the success of this edifice. ITEM # 56996 Council Lady Wilson and Councilman Villanueva, Liaisons JOINT CITY/SCHOOL MODERNIZATION COMMITTEE, advised they attended the Committee meeting last Monday, October 29, 2007. David Hansen, is preparing a report November 6, 2007 - 11 - CITY COUNCIL COMMENTS 2:35 P.M. ITEM # 56997 Councilman DeSteph referenced working the Polls this morning, Election Day, November 6, 2007, and his contact with the citizenry. He also used his very large umbrella this very rainy day to assist voters from their cars to the voting area. ITEM # 56998 Councilman DeSteph referenced working closely with the "Friends of Animal Control" as well other similar groups reference the proposed Ordinance re dog and cat license fees. Councilman DeSteph distributed to the Mayor and Council stastistics from the Virginia Beach Animal Control for the past three (3) years. ITEM # 56999 After discussion re immigration during City Council's Goal Setting Retreat (November 3 and 4, 2007), Ms. Belinda Dexter delivered a research package re immigration. Said information is hereby made a part of the record ITEM # 57000 Council Lady Henley referenced the information entitled "Update on Antenna Collocation - Wireless Demand and Use Permit Requests for Communication Towers", received in City Council's Agenda Package. Council Lady Henley was concerned re the overall demand and need for Communication Towers. She does not want to be in a situation of approving an entirely different system for each of the carriers. Council Lady Henley did not see any mention in the report of Virginia Power or the capability of their transmission lines to provide some opportunities. Presently, Sprint and Nextel are co-locating at the City's Pleasant Ridge Tower. However, these carriers will soon be asked to leave. Council Lady Henley wonders where Sprint and Nexte/ would locate after leaving this City's tower. Council Lady Henley is receiving many e-mails re the proposed tower at Sandbridge Road and questions concerning whether or not cell towers are actually allowed in P-l and on land that has been designated as open space. particularly if the developer received density credit for that property. Council Lady McClanan concurred and advised the residents of the Lago Mar area are posing excellent questions. Dave Hansen, Chief of Information and Technology, hopes the information provided more clarity concerning the City's assets and the Conditional Use Permit application for potential wireless communication towers. Mr. Hansen cited the three (3) recommendations contained therein (1) require use of affidavits; (2) ComIT evaluation of risk to the City's Emergency Communication System; and, (3) monthly review by the Communication Tower Review Group. These recommendations have been added as part of the flow chart. Said information is hereby made a part of the record. The staff is confident the process for reviewing the application will be very rigorous. These standards are to ensure communication with Dominion Power, as well as he City's various departments which own infrastructure adjacent to their proposed tower, and other adjacent cell tower owners (to determine there is stifficient space and vertical integration capability. There will be great difficulty in lJredetermininf! the magnitude of technology and/or number of permits the City will be requested to provide for cellular and wireless applicants Recommendation: The Communication Tower Request Review Group will be chaired by Dave Hansen, and will encompass the Directors of Communication and Information Technology, Public Works, Public Utilities, Parks and Recreation, Planning. Stephen White, Planning, will organize the meetings. Mr. Hansen advised he would be pleased to request the myriad of private providers to "join together in the Conference Room" and lay out their business plans. However, he would be surprised this could be accomplished in a room of competitors with one of the most aggressive current businesses.. Dominion Power has provided the City schematics of their power lines (new and old) and locations of their towers. November 6, 2007 - 12 - CITY COUNCIL COMMENTS ITEM # 57000 (Continued) Council Lady McClanan believes the presentation was weak concerning the planning aspect. The City is converting to a digital communication system and will have to maintain both the analog and digital when this is accomplished. Schools are supported on an analog basis. Thus, the City will have to add more infrastructure on the current City tower. Concerning the application on Sandbridge Road re P-1 Open Space, Stephen White, Planning, advised this application was DEFERRED by the Planning Commission at the request of the applicant and is currently scheduled [in a preliminary status] for the December Planning Commission. This application may be further delayed until 2008. The staff has not conducted their evaluation. In order for the tower to be located in the P-,1 the proffers must be modified. Council Lady Henley hopes the City will be more proactive in determining appropriate site for these towerss. The cell towers are much more visible in the rural area. Council Lady Henley inquired if a cell tower could be utilized on ARP (Agricultural Reserve Program) land. Deputy City Attorney Macali advised a three (3) acre area is excluded on those ARP lands so the owner will not be paidfor the value of that land if a cell tower is located there. Mr. Hansen advised the staff shall review "adjacency to zoning" concerning communication towers; and, perhaps include that as afourth recommendation. Council Lady Henley also requested a legal briefing concerning placing towers in a compatible zoning situation. Some localities have banned these towers. The City Attorney advised in 1996, Virginia Beach had the first Federal Court telecommunications case ever heard in the United States re the Little Neck Tower. ITEM # 57001 Council Lady Henley referenced City property in the Interfacility Traffic Area (ITA). Citizens residing there and raising livestock are concerned re hunting on this property. Council Lady Henley requested this property be posted "No Hunting". November 6, 2007 - 13 - AGE N DA REV IE W S E S S ION 3:05 P.M. ITEM # 57002 2. Ordinance to AMEND Chapter 5 of the City Code 99 5-11.1,5-17,5-47,5-48,5- 49, 5-51, 5-52, 5-55, 5-70 and ADD 9 5-47.1 re dog or cat license tax and impoundment fees The City Attorney distributed a REVISED Ordinance re dog or cat license tax and impoundment fees. This item will be discussed during the Formal Session. The City Attorney also distributed an Ordinance regarding the proceeds of the dog and cat license fee. This item will be ADDED to the Agenda. ITEM # 57003 Ordinance to ACCEPT and APPROPRIATE $526,100 of State Reimbursements for the Clerk of the Circuit Court with $489,300 to the Circuit Court Clerk Technology Fund and $36,000 to the General Fund. Vice Mayor Jones distributed the Ordinance and requested this item be ADDED to the Agenda. This appropriation will not require any additionalfundingfrom the City. The appropriation gives the Clerk's Office the ability to spend the funds with State revenue offtetting the appropriation. ITEM # 57004 BY CONSENSUS, City Council shall ADD to the Agenda inclusion of local option for VRS (Virginia Retirement System) as the Investment Manager of Virginia Beach's OPEB trust funds, re GSAB 45, in the 2008 Community Legislative Package ITEM # 57005 BY CONSENSUS, the following items shall compose the 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 3. Ordinance to A UTHORIZE 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 A UTHORIZE 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 November 6, 2007 - 14 - AGE N DA REV IE W S E S S ION ITEM # 57005 (Continued) 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. November 6,2007 - 15 - ITEM # 57006 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-3711 (A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-37 J J (A)(J) Council Appointments: Boards, Commissions, Committees, Authorities and Agencies PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition, or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-37 J 1 (A)(3). Acquisition/Disposition of City Property: Beach District Princess Anne District LEGAL MATTERS: Consultation with legal counselor briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body, or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2.2-37 J 1 (A)(7). Forbes Candies, Inc., et al v. City of Virginia Beach, et al PERSONAL MATTERS: The protection of the privacy of individuals in personal matters not related to public business pursuant to Section 2.2- 37JJ(A) (4) Upon motion by Councilman Wood, seconded by Vice Mayor Jones, City Council voted to proceed into CLOSED SESSION November 6, 2007 - 16 - ITEM # 57006 (Continued) Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer [Entered: 4: 1 0 P.M - with Mother at Silver Hill] November 6, 2007 - 17 - ITEM # 57007 ITEM # REVISED SECOND MOTION Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2. 1-3711 (A), Code of Virginia, as amended,for thefollowingpurpose: PERSONNEL MATTERS: Discussion, consideration of, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(1) Council Appointments: Boards, Commissions, Committees, Authorities and Agencies PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition, or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711 (A)(3). Acquisition/Disposition of City Property: Beach District Princess Anne District LEGAL MATTERS: Consultation with legal counselor briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body, or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2.2-3711 (A)(7). Forbes Candies, Inc., et al v. City of Virginia Beach, et al ADD: Flow Control PERSONAL MATTERS: The protection of the privacy of individuals in personal matters not related to public business pursuant to Section 2.2- 3711(A) (4) Upon motion by Councilman Wood, seconded by Vice Mayor Jones, City Council voted to proceed into CLOSED SESSION at 3:28 P.M. November 6, 2007 - 18 - ITEM # 57007 (Continued) Voting: 8-0 Council Members Voting Aye: Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph Robert M Dyer [Entered: 4: 1 0 P.M - with Mother at Silver Hill] Ron A. Villanueva (Break: 3:30 P.M. - 3:35 P.M.) (Closed Session: 3:40 P.M. - 5:00 P.M.) (Dinner: 5:00 P.M. - 5:50 P.M.) November 6, 2007 - 19 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL November 6,2007 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, November 6, 2007, at 6:00 P.M Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION Reverend David Lambert Abundant Harvest Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial") purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial, and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. November 6, 2007 - 20- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL (Continued) Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. November 6, 2007 - 21 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 57008 Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel November 6, 2007 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM #57007, Page 17, 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. NOfv, THEREFORE, BE IT RESOL VED: 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. November 6,2007 - 22- Item F.1. MINUTES ITEM # 57009 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of October 23, 2007. Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Ron A. Villanueva Council Members Absent: None Councilman Villanueva ABSTAINED as he was not in attendance during the City Council Session of October 23, 2007, being out of town on business.. November 6, 2007 - 23 - Item V-G 1. ADOPT AGENDA FOR FORMAL SESSION ITEM 57010 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION Upon motion by Vice Mayor Jones and seconded by Councilman DeSteph, the following items were ADDED to the Formal/Consent Agenda: Ordinance regarding the proceeds of the dog and cat license fee. Ordinance to ACCEPT and APPROPRIATE $526,100 of State Reimbursements for the Clerk of the Circuit Court with $489,300 to the Circuit Court Clerk Technology Fund and $36,000 to the General Fund. Inclusion of local option for VRS (Virginia Retirement System) as investment Manager of Virginia Beach's OPEB trust funds in Community Legislative Package Voting: 11- 0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 6, 2007 - 24- Item V-H.1. ASPECT FOUNDATION ITEM 57011 Liz Tinkham, International Coordinator, ASPECT FOUNDATION, and Manager of Exchange Student Program. Mrs. Tinkham presented her FLEX STUDENTS from Russia, Turkmeinstan and Kyrgyzstan, who each advised of their community service projects: Rita Seidova - Turkmenistan Valentina Rudenko - Kyrgyzstan Oleksandr Sergiyenko - Ukraine Anastisya Purina - Russia Natalya Potorochina - Russia Angelina Onipchenko - Russia Mrs. Tinkham advised the purpose of the scholarship is that students have required activities to promote democratic principals, community and civic responsibility, create understanding of the law, promote volunteerism, show that one individual can make a difference and show students American culture and diversity. Mayor Oberndorfpresented each student with a gift of the City Seal pin. November 6, 2007 - 25 - Item V-H.2 CLEAN COMMUNITY A WARDS ITEM 57012 Mayor Oberndorf extended appreciation and introduced Dan Baxter, Chairman and Ruby Arredondo, Clean Community Commission to present the Environmental Service Recognition Awards. Dan Baxter, Chairman - Clean Community Commission, recognized the Awardees for Recognition. Their Annual Recognition Breakfast was held on November 2, 2007, 8:00 A.M, at Westminster Canterbury. During the 2006-2007 Fiscal Year 12,575 Clean Community, and Parks and Landscape Service Volunteers contributed 33,686 volunteer hours, which equates to 16.2 full time employees, at a dollar value of$554,480. The Adopt-A-Programs is composed of eight (8) projects designed to clean and maintain the various areas of the City. Each Adopt-a-Program agreement is for a two-year term. Eight (8) Adopt-A-Programs Adopt-A-Beach Adopt-A-Highway Adopt-A-Park Adopt-A-School Grounds Adopt-A-Spot Adopt-A-Street Adopt-A- Trail Adopt-A- Waterway 1,067 cleanups were accomplished this year by 163 active groups. 9,322 volunteers donated a total of 11,917 hours 55,122 pounds of debris were collected Total dollar value to City was $129,773 Mr. Baxter requested all those in attendance who received Adopt-A-Program Awards to stand. The names of all recipients are listed in the Environmental Service Recognition Breakfast and Annual Report, which is hereby made a part of the record. Councilman Dyer stated he has the privilege of serving as City Council's Liaison to the Clean Community Commission, and expressed appreciation to Dan, Ruby and the 'hundreds of volunteers for their thousands of hours devoted to cleaning up the tons of litter. November 6, 2007 - 26- Item V-H.3 MAYOR'S PRESENTATION ITEM 57013 Mayor Oberndorf recognized the following Boy Scout in attendance to fulfill requirements for his Communication and Citizenship in the Community merit badges: Troop 364 Bayside Presbyterian Church Tim Costello Mayor Oberndorf presented the Scout and his Scout Master with a City Seal pin November 6, 2007 - 27- Item V-.Ll. PUBLIC HEARING ITEM 57014 Mayor Oberndorf DECLARED A PUBLIC HEARING: LEASE OF CITY OWNED PROPERTY Parking at Beach Quarters Inn, Atlantic Avenue There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. November 6, 2007 - 28 - Item V-.L2. PUBLIC HEARING ITEM 57015 Mayor Oberndorf DECLARED A PUBLIC HEARING: RESOLUTION OF ENDORSEMENT Ferry Plantation House Restoration There being no speakers, Mayor OberndorfCLOSED THE PUBLIC HEARING. November 6, 2007 - 29- Item V.K. RESOLUTION/ORDINANCES ITEM #57016 Upon motion by Vice Mayor Jones, seconded by Council Lady Henley, City Council APPROVED IN ONE MOTION /Resolution/Ordinances 1, 3, 4. 5, 6, 7 (ADDED) and 8 (ADDED) of the CONSENT AGENDA Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Council Members Voting Nay: None November 6, 2007 - 30- Item v,K.1. RESOLUTION/ORDINANCES ITEM #5701 7 Upon motion by Vice Mayor Jones, seconded by Councilman Henley, City Council ADOPTED: Resolution to ENDORSE the Commonwealth Transportation Board's restoration (Phase II) of the Ferry Plantation House re their proposed transportation enhancement Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 6,2007 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 November, 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: /~~A ~anage nt ervices )if~ - 31 - Item V.K.2.a/b. ORDINANCES/RESOLUTIONS ITEM #57018 Dave Hansen, Chief of Finance and Technology, presented information concerning the Dog and Cat License Tax and Impoundment Fees. Timeline . July 10: Council Briefed on Animal Control Shelter and Leroy Drive Complex September 4: Council Briefed on staff recommendations for adjusting animal licensing and impoundment fees September 6: City correspondence sent to Virginia Beach Veterinarians inviting their comment on the proposal . September 11: Public Comment Session at City Council's Formal Meetin. · September 20: Policy Report finalized . September 26-28: Telephonic survey of Veterinarians - 40 offices contacted to explain initiative of vet-agent is voluntary October: Ordinance rewrite and review Changes to Chapter 5 Dog or Cat License Tax and Impoundment Fees Sec. 5-17: This amendment changes the impoundment fees from $10 per day to $50 for the first day of impoundment and $2 for each day thereafter. This change accurately reflects the actual costs of impoundment as required by Virginia Code ~ 3.1-796.87. Also, in accordance with that state law, this amendment provides that the same impoundment fees shall be charged for all impoundments, regardless of the reason for which the animal is being impounded. Existing City Code authorizes an initial impoundment fee of $20 and a $10 fee each subsequent day Sec. 5-47: This amendment gives dog and cat owners the option to pay the local license tax to vet-agents when obtaining a rabies vaccination from said vet-agent. It also allows the pet owner to pay the tax in one, two or three year increments, not to exceed the duration of the current rabies vaccination. Existing City Code authorizes issuance of only a one year license. Sec. 5-47.1: Veterinarians as appointed agents: This amendment allows willing Veterinarians to voluntarily become agents for the City Treasurer for the purpose of collecting the dog and cat license tax and issuing license tags for cats and dogs. The tags sold by vet-agents will run concurrently with the rabies vaccinations administered or currently in effect, and vet-agents will receive $1 from the City Treasurer for each tag issued. Existing policy: New licenses and all renewals are only issued by the Office of the Treasurer. The SPCA is allowed to issue new pet licenses November 6, 2007 - 32 - Item v'K.2.a/b. ORDINANCES/RESOLUTIONS ITEM #57018 (Continued) . Sec. 5-48: This amendment increases the yearly local license taxfor neutered/spayed dogs to $7, and for neutered/spayed cats to $5. It also indicates the license tax for two and three year licenses as well. Any tax paid will be non-refundable. This amendment also adds the definitions of the terms "kennel" and "cattery" and clarifies that the owner of a kennel or cattery must obtain the appropriate kennel or cattery license but will not be required to also obtain individual licenses for each dog or cat owned by the kennel or cattery owner that is housed within the kennel or cattery. The amendment also provides for quarterly prorated license issuance at the Office of the Treasurer. Existing City Code authorizes the yearly dog and cat license tax at $2. Sec.5-49: This amendment providesfor 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. Existing City Code is similar and the new amendment simplifies the understanding . Sec. 5-51: 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 database that can be referenced by serial number to determine the tag expiration date and information that identifies the animal by type (dog or cat), sex, and spayed/neutered/unaltered status. Existing City Code is similar and the new amendment simplifies tag requirement. . Sec.5-52: When an owner pays the dog or cat license tax, he or she is given a paper receipt and a metal license tag. This amendment deletes the requirement that the owner preserve the paper receipt and promptly exhibit it upon request of animal control. This amendment makes no changes to the requirements regarding display of the metal license tags. This amendment also changes the wording of this ordinance to incorporate the changes made in section 5-47, which includes authority to issue multi-year licenses. Existing City Code is similar but the new amendment simplifies owner requirement. November 6, 2007 - 33 - Item V.K2.a/b. ORDINANCES/RESOLUTIONS ITEM #57018 (Continued) Sec. 5-69: Once an animal is impounded, state law provides, "lfthe rightful owner of the animal can be readily identified, the operator or custodian of the pound shall make a reasonable effort to notify the owner of the animal's confinement within the next 48 hours following its confinement." This amendment adds the "readily identified" language from the state code. This amendment also requires owner notification within 12 hours. That change is consistent with, but more restrictive than, the 48-hour period required by state law. Existing City Code requires notification to owner within 48 hours. . Sec. 5-70: This amendment brings this City Code provision into conformance with state law. The owner of a dog or cat that is impounded because it is found running at large (in violation of City Code * 5-67) shall have at leastfive days to ree/aim the animal, with thefive-day period beginning on the day after the animal is impounded. A different process--also mandated by state law and involving the courts--applies to animals that are impounded because they have been mistreated. Impoundment of mistreated animals is addressed in City Code * 5-11.1. This amendment also cross-references Section 5-17, which sets forth the fees for impoundment. Existing City Code requires an initial impoundment fee of $20 and $10 for subsequent days. Staff Points of Contact Dave Hansen Captain Kevin Perry Kathy Rountree Lynne Gaskill Lieutenant Laura Kaiser Chief of Finance & Technology Police Department, Operations Office of the City Attorney Office of the City Treasurer Officer in Charge, Animal Control November 6, 2007 - 34 - Item V.K.2.aIb. ORDINANCES/RESOLUTIONS ITEM #57018 (Continued) Upon motion by Councilman DeSteph, seconded by Councilman Villanueva, City Council ADOPTED, AS REVISED: Ordinance to AMEND Chapter 5 of the City Code 885-11.1, 5-17, 5-47, 5-48, 5-49, 5-51, 5-52, 5-55, 5-70 and ADD 8 5-47.1 re dog or cat license tax and impoundment fees AND, Ordinance re proceeds of the dog/cat License Fees. Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 6, 2007 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--u 3.1-796.122 of the Code of Virainia, 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.'12 796.96 of the Code of Virginia. A record shall be made of the time and place of 25 taking such animal into custody. 26 27 (b) If, by 3 license t3g or 3ny other me3ns, the owner of 3n 3nim3/ impounded 28 under this 3rtic/e C3n be identified, the superintendent of the bure3u of 3nim31 control 29 Sh311, 'J:ithin forty eight (48) hours of such impoundment, notify the o'.-mer by telephone 30 or m3il of the impoundment of the 3nim31. 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) for e3ch 3ddition3/ day or p3rt 34 thereof th3t the 3nimal 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--u 3.1- 36 796.112 of the Code of Virainia. 37 38 (d) If 3n 3nim31 impounded under this 3rticle is not cl3imed by its owner 'Nithin 39 five (5) d3Ys, it Sh311 be m3de 3v3i13ble f{)r 3doption, if suit3b/e, or disposed of, in 40 accord3nce \Nith the provisions of section 5 71 of this Code. 41 42 Sec. 5-17. Fees for the impoundment of animals, generally. 43 44 The bureau of animal control is hereby authorized to charge a fee of ten doll3rc 45 ($10.00) fifty dollars ($50) for the first day an animal is impounded and two dollars (rn 46 per day for each additional day or part thereof for the care of any animal impounded for 1 47 any reason other th3n such 3nim31 being subject to cruel or inhum3ne tro3tment in 48 viol3tion of section 5 11 or such 3nim31 running 3t I3rge in viol3tion of section 5 67. 49 50 Sec. 5-47. Application; applicant to be city resident. 51 52 (a) Any person may obtain a one-, two-, or three-year city dog or cat license 53 by making oral or written application to the city treasurer or an appointed aaent, 54 accompanied by the amount of the license tax and the evidence of vaccination required 55 by section 5-51 . 56 57 (b) Additionallv, any person obtainina a rabies vaccination from a vet-aaent as 58 provided in Section 5-47.1 below may obtain a one-, two-, or three-year local license 59 that runs concurrentlv with the vaccination administered bv pavina the tax as provided in 60 Section 5-48. The vet-aaent shall onlv have authority to license doas and cats of 61 resident owners or custodians who reside within the city. 62 63 tat {g} Anv person purchasina a dog or cat license shall provide residency 64 information to the city treasurer or the appointed aaent. It shall be unlawful for any 65 person to make any false statement in or present any false evidence with an application 66 submitted under this section, in order to secure a dog or cat license to which such 67 person is not entitled. 68 69 (d) A one-year license taa shall be valid for UP to 12 months from the date of 70 issue. not to exceed the duration of the current rabies vaccination: a two-year license 71 taa shall be valid for UP to 24 months from the date of issue. not to exceed the duration 72 of the current rabies vaccination; and a three-year license taa shall be valid for UP to 36 73 months, not to exceed the duration of the current rabies vaccination. 74 75 Sec. 5-47.1. Veterinarians as appointed aaents. 76 77 (a) The city treasurer may appoint aaents for the collection of the license tax and 78 the issuance of the license taas. Anv veterinarian who vaccinates or supervises the 79 vaccination of doas and cats aaainst rabies and is licensed to do business in Virainia 80 Beach mav submit an application to the citv treasurer for such an aqent appointment. 81 (b) The vet-aaent shall have authority to issue local license taas on those 82 occasions where he or she is presented with a current rabies certificate or when 83 administerina rabies vaccinations to doas or cats of owners or custodians who reside 84 within the city. The issued local taa shall run concurrentlv with the vaccination 85 administered or in coniunction with the current certificate. The vet-aaent shall collect 86 the required fee as outlined below in section 5-48. The fee and the required report shall 87 be submitted to the city treasurer as provided in the written aareement required in 88 subsection (d) below. 89 90 (c) For every one-. two-. or three-year local license taa issued, the vet-aaent 91 shall deduct one-dollar ($1.00) from the amount due to the city treasurer. 2 92 93 (d) Each appointed vet-aoent shall aoree in writino to abide by procedures and 94 protocols established by the city treasurer. Any vet-aoent who fails to follow the 95 established procedures or protocols mav have his or her authority to collect the license 96 taxes and issue the license taos revoked by the city treasurer. 97 98 Sec. 5-48. Tax imposed. 99 100 (a) A license tax is hereby imposed on dogs and cats required to be licensed 101 under this aArticle in the following non-refundable amounts: 102 103 (1) For each mate dog or cat, unspayed or unneutered . . . $10~/for a 1- 104 year tag; $20 for a 2-year tao; $30 for a 3-year tag 105 (2) For each female dog or cat, oospayed or neutered. . . 10.00 $7 for a 1- 106 year tao; $14 for a 2-year tao; $21 for a 3-year tag 107 (3) For each male dog or cat, spayed or neutered. . . ~$5 for a 1-year tag; 108 $10 for a 2-year tao; $15 for a 3-year tag 109 (4) For eaoh f-omale dog or oat, spayed. . .2.00 11 0 (~) Kennel of five (5) to twenty (20) dogs, or cattery of five (5) to twenty (20) 111 cats. . . 35~ annually 112 (e,Q) Kennel of twenty-one (21) or more dogs, or cattery of twenty-one (21) or 113 more cats. . . 50~ annually 114 115 Pursuant to Viroinia Code ~ 3.1-796.66, a "kennel" is any establishment in which 116 five or more canines are kept for the purpose of breedino, huntino, trainino, renting, 117 buyino, boardino, sellino. or showinQ. A "cattery" is a similar establishment for felines. 118 The owner of a kennel or cattery shall pay the kennel or cattery tax imposed above but 119 shall not be required to also pay the individual doo or cat license fees listed in 120 subsections (1) and (2) for any doo or cat that is owned by the owner of the kennel or 121 cattery and that is housed within the kennel or cattery. 122 123 (b) A Quarterly prorated license tax shall be imposed on any doo or cat owner 124 when he or she moves to Viroinia Beach or purchases. adopts. or otherwise acquires a 125 doo or cat that has a current rabies vaccination. This proration mav onlv be imposed by 126 the staff at the office of the citv treasurer, and no proration may be offered by appointed 127 aoents authorized by section 5-47.1. The proration shall be based on date of residence 128 or date of purchase as compared to the date of rabies expiration. Verification of these 129 dates must be provided at time of Iicensino. Quarterly proration of the license fee shall 130 be determined based upon the amount of time remainino before the rabies vaccination 131 expires. The Quarterlv proration shall be as follows: 132 133 25% of the annual fee if at least one month, but less than four months, remain 134 before expiration of the vaccination. 135 50% of the annual fee if at least four months, but less than seven months, remain 136 before expiration of the vaccination. 3 137 75% of the annual fee if at least seven months. but less than ten months. remain 138 before expiration of the vaccination. 139 100% of the annual fee if at least ten months remain before expiration of 140 vaccination. 141 142 (c) A Quarterly prorated license tax shall be imposed on any doq or cat owner 143 havinq a valid rabies certificate issued between January 3. 2005 and September 30. 144 2007. The proration shall be based on the time remaininq on January 1. 2008 and the 145 expiration of the rabies certificate. Quarterly proration shall be imposed only on portions 146 of years. and shall be imposed as follows: 147 148 25% of the annual fee if at least one month. but less than four months. remain 149 before expiration of the vaccination. 150 50% of the annual fee if at least four months. but less than seven months. remain 151 before expiration of the vaccination. 152 75% of the annual fee if at least seven months. but less than ten months. remain 153 before expiration of the vaccination. 154 100% of the annual fee if at least ten months remain before expiration of 155 vaccination. 156 157 f9j @ No license tax shall be levied under this section on any dog that is trained 158 and serves as a guide dog for a blind person.. Of that is trained and serves as a hearing 159 dog for a deaf or hearing-impaired person. or that is trained and serves as a service dog 160 for a mobility-impaired person. For the purposes of this subsection, a "hearing dog" is a 161 dog trained to alert its owner, by touch, to sounds of danger and sounds to which the 162 owner should respond. and a "service doq" means a doq trained to accompany its 163 owner for the purpose of carryinq items. retrievinq obiects. pullinq a wheelchair or other 164 such activities of service or support. 165 166 tG) llll Any person who applies for a license tag for a neutered or spayed dog or 167 cat shall present, at the time of application, an appropriate veterinarian's certification 168 suitable to the city treasurer attesting to the neutering or spaying of the dog or cat. If 169 such certification is not so presented, the dog or cat shall be taxed the fee levied on 170 unneutered and unspayed dogs or cats. 171 172 Sec. 5-49. When tax due and payable. 173 174 The license tax on dogs and cats shall be due and payable as follows: 175 176 (1) On or bef-ore January first and not later than January thirty first of each 177 year, the O'.vner of any dog and cat f-our (4) months old or older shall pay such tax. 178 179 (2) If a dog or cat shall become four (4) months of age or come into the 180 possession of any person from January first through October thirty first of any year, the 181 Iioence tax for the currcnt calendar year shall be paid forth'tlith by the owner. 182 4 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 (3) If a dog or cat shall become f-our (1) months of age or come into the possession of any person from November first through December thirty first of any year, the license tax for the succeeding calendar year shall be paid f-orth'.vith by the mvnm, and such license shall protect such dog or cat from the date of purchase. (1) When a doC! or cat becomes four (4) months of aC!e and receives its first rabies vaccination. (2) When a doC! or cat receives a subseauent rabies vaccination. t41.QLAny person transporting a dog or cat into the city from some other jurisdiction shall oomply with this section '.'-,Within thirty (30) days from the day he or she a person brings SHOO ~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. 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, QIJemale, cat or doa. neutered/spayed or unaltered. or unsexed female 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, the sex of the dog or cat and the calendar year for 'Nhioh issued and shall bear a serial number. Sec. 5-52. Preservation and exhibition of license receipt; tag to be worn by dog or cat; exceptions. (a) A dog or cat license reoeipt shall be carefully preserved by the person to whom it is issued and exhibited promptly on request for inspection by any animal oontrol offioer or any police offioer of the city. Dog or cat license tags shall be securely fastened to a substantial collar by the owner or custodian and worn by such dog or cat. The owner of the dog or cat may remove the collar and license tag required by this section when a dog is engaged in lawful hunting; when the dog or cat is competing in a dog or cat show; when the dog or cat has a skin condition which would be exacerbated by the wearing of a collar; when the dog or cat is confined; or when the dog is under the immediate control of its owner. 5 228 (b) Any dog or cat not wearing a collar bearing a license tag marked with the 229 name of the city of the proper calendar year shall prima facie be deemed to be 230 unlicensed, and in any proceedings under this article, the burden of proof of the fact that 231 such dog or cat has been licensed or is otherwise not required to bear a tag at the time 232 shall be on the owner of the dog or cat. 233 234 Sec. 5-55. Records and reports; disposition of unsold tags. 235 236 The city treasurer shall enter, in a dog or cat license sales record, the date of the 237 sale of dog or cat tags, including sales to kennels and catteries, and the names and 238 addresses of persons, in alphabetical order, to whom sold and shall keep an account of 239 the amount of the license tax paid. The bureau of animal control shall keep a record of 240 dog or cat tag serial numbers in numerical order. At the close of the fiscal year, an 241 annual report of such sales shall be filed by the treasurer with the director of finance, 242 who shall audit such records, accounts and unsold dog or cat license tags and authorize 243 the treasurer to destroy unsold tags. 244 245 Sec. 5-69. Same--Notice to owner. 246 247 If, by a license tag or any other means, the owner of a dog or cat impounded 248 under this article can be readily identified, the superintendent of the bureau of animal 249 control shall, within f{)rty eight (48) twelve (12) hours of such impoundment, notify the 250 owner by telephone or mail of the impoundment of the animal. 251 252 Sec. 5-70. Same--Minimum period; redemption by owner. 253 254 Dogs and cats impounded under this article section 5-67 shall be kept for ~ 255 period of not less than five (5) days, unless sooner reclaimed by their owners. and the 256 five-day period shall commence on the day immediately followino the day the animal is 257 initially impounded. An owner reclaiming such an impounded animal shall pay a fee at 258 twenty dollars ($20.00), plus ten dollars ($10.00) for each additional day or part thereof 259 that the animal is impounded as outlined in section 5-17 above. The payment of such 260 fees shall not relieve the owner from prosecution for violation of section 5-67. 261 This ordinance shall become effective January 1, 2008. Adopted by the City Council of the City of Virginia Beach, Virginia, on this .6..tlL day of Novembp-r , 2007. 6 1 Requested by Councilmember DeSteph 2 3 AN ORDINANCE REGARDING THE PROCEEDS OF THE 4 DOG AND CAT LICENSE FEE 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 The revenue collected from the animal licensing tax shall be dedicated beginning in 8 FY 2009 as follows: 9 10 a) $26,000 annually shall be used to contract for veterinary services at the City's 11 Animal Control facility to support the care and treatment of impounded animals; 12 13 b) $15,000 annually shall be used for medications, veterinary supplies, and to raise 14 animal beds above floor level; 15 16 c) The remaining funds annually shall be appropriated to a capital project to be 17 established for the renovation and/or replacement of the existing animal control 18 facility, and thereafter the funds shall be appropriated to offset the operational 19 costs of the facility; and 20 21 d) Each category of funds dedicated as provided above shall be funded in the 22 order listed and shall be increased annually by the increase in the consumer 23 price index, all to the extent of sufficient revenues from this dedicated source. Adopted by the Council of the City of Virginia Beach, Virginia on the 6 t h November 2007. day of Approved as to Legal Sufficiency: ~~ City Attorney's Office CA 10534 R-3 November 6, 2007 - 35 - Item V.K.3. RESOLUTION/ORDINANCES ITEM #57019 Upon motion by Vice Mayor Jones, seconded by Council Lady Henley, City Council ADOPTED: 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 Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 6, 2007 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 (lithe 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 10/22/07 V:\applications\citylawprod\cycom32\Wpdocs\D022\P002\OO042322,DOC APPROVED AS TO LEGAL SUFFICIENCY AND FORM APPROVED AS TO CONTENT 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 - 36 - Item v'K.4. RESOLUTION/ORDINANCES ITEM #57020 Upon motion by Vice Mayor Jones, seconded by Council Lady Henley, City Council ADOPTED: 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 Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 6, 2007 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 STORMWA TER 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 1 40 41 Adopted by the Council of the City of Virginia Beach, Virginia, on the 6th November, 2007. day of CA-10326 v :\applications\citylawprod\cycom3 2\ Wpdocs\D031 \P002\00039484 .DOC 10/23/07 APPROVED AS TO CONTENT: ~ Department of Public Works APPROVED AS TO LEGAL SUFFICIENCY: CERTIFIED AS TO AVAILABILITY OF F~S:, ~;:~ Department of Finance jMJ City Attorney's Office 2 .._,. 1..............lI'ot 1_" _-,......_......... __" ..._....... ..,_ ....... lO. _... ...._......t..... ""...... __ .._"'......... ..,_._._........ _I ...- -... ................-,..-... ~~~~~ ~~I ~~~ >~U~,~, U" ~.~.~~!i ~~. ~~; ~. !Ill ~~ ~~e g~~;Hj j;; ~~" .~fr' e ;::~! ~~I.g ~~ u' i, a 6. .: ~. ".. ~- ,,~ ~~ 5~ p ~ ~~IEd >;1 ~ ~ ..~ ~~ ~';" ~ h ~8 E ah;!~ i ~ ~M~~~ ! ~~ ~ I i, ~ ii .. , ~ Q ./ I .Rt .. ~t'r it.. .~'~" 'I l,,~ , . elSON GRI;.EN AVENue (VAR4E (11I,(1...-.:1. w,lf/ ~ A.w, " ~ ~, ~ ~ I I / , ' I I. I. I" I .'1 I m I >< I r :::J'" -. ! 0- L ....... )> k CJ) ....... 0 """'l 3 ~ Q) ....... CD """'l 0 C ....... or ." 3 ~""C """'l o < CD 3 CD ::J ....... (J) I I I .\.. , 'I::~~~,~,~t'~,.~ y--: .,,+ Q I J i , ~____o~ (' I I \ OVERALL UTILITY PLAN RED MILL WALK ~_n Kirney-Han ~_,.., and Associates, Inc VIRGINIA 8I!ACH .-.JOO hI: ('e1jOal"3OO f(ll.......,... P..-.y FIX; (1'5'} 546-TJQI ~.~23UO VIRCJN1A 0M011t~ ~ AMo(.......,.. ~t7 ~'\> 00~ v~;~a ;~.~ ~ D G R>~~l~~ '- .Cj ~ilJ\~\~ oJo o C l-\ t r--o O~ ~. !f _.--..~~t-~G " & ~{1~ j ~ -u= rC\G3 UJ ~ c:J "JL -D\~ O\P~ <:1 --= <> <> GPIN 2414-14-1532 rl::::-... ~~ .--,-= ~ F ~ ~ ~ 1241:~~~942 ~ \ f--- ~ ~ U ~:::!!!l 1 D~ p ~ c c ~ ( ~ ~ Q Jo 2JtJ-d~ r87d'> ~~ =~ Ii I)' LOCATION MAP ~~s~ ... (E s-_,.~,:0;~!, i~ ~ PRINC~~~~~~~ ROAD ~~~:~Q~ ~07... 'I, 500 ~ C.I.P. #2-195 ~. \~. g ~I~~ ~ _ _ I v O.w~ -g- L"'"/O ft!.w!n ~ / rtI . r~ r"}lcl [';'1.1\1I1"'l1- ~~ IW<'" '/Ill f r"ll{ )rr;, iii:i: .: )if:;-j.[j ~ r-.:::: ---.. -.......-...... J X:IProjects\ARC Files\Agenda MapslPrincess Anne Rd Phase VII CIP 2-195IPRINCESS 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 PARTICIPANT: 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' of 36" 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 storm water 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. - 37 - Item V,K 5. RESOLUTION/ORDINANCES ITEM #57021 Upon motion by Vice Mayor Jones, seconded by Council Lady Henley, City Council ADOPTED: 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 Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. OberndorJ, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 6, 2007 1 AN ORDINANCE CONCERNING THE COLLECTION 2 OF DELINQUENT PERSONAL PROPERTY TAXES 3 BY A COLLECTION AGENT RETAINED BY THE 4 TREASURER 5 WHEREAS, by Ordinance adopted May 8, 2007, the City Council authorized the 6 Treasurer to retain a collection agent to collect delinquent personal property taxes that 7 are more than three (3) years old; and 8 9 WHEREAS, Virginia Code section 58.1-3958 provides that, if authorized by the 10 City Council, the reasonable attorney's or collection agency's fee for such service may 11 be imposed upon each person chargeable with the delinquent taxes, in an amount not 12 to exceed 20 percent of the taxes or other charges so collected; and 13 14 WHEREAS, the City Council is of the opinion that the collection cost for these 15 delinquent taxes should be imposed upon the persons chargeable with same, in 16 accordance with Virginia Code section 58.1-3958. 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 That, in the engagement of a collection agent to collect delinquent taxes pursuant 22 to the authority granted by ordinance on May 8, 2007, the Treasurer is authorized to 23 provide by contract that the collection agent shall be entitled to a fee not to exceed 20 24 percent of the taxes so collected, which fee shall be imposed upon the person 25 chargeable with the delinquent taxes. 26 27 Adopted by the Council of the City of Virginia Beach, Virginia, on the hrh day 28 of November ,2007. APPROVED AS TO LEGAL SUFFICIENCY: CA10518 R-2 October 4, 2007 - 38 - Item V.K 6. RESOLUTION/ORDINANCES ITEM #57022 Upon motion by Vice Mayor Jones, seconded by Council Lady Henley, City Council ADOPTED: 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 Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 6, 2007 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. Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of November 2007. Approved as to Content: Approved as to Legal Sufficiency: jj~Q, Management Services CA 10525 R-1 October 17, 2007 L, Preston Bryant, Jr. Secretary of Natural Resources COMMONWEALTH of VIRGINIA DEPARTMENT OF ENVIRONAIENTAL QUALITY Street address: 629 East Main Street, Richmond, Virginia 23219 J1ailing address: P.O, Box 1105, Richmond, Virginia 23218 Fax (804) 698-4500 TOO (804) 698-4021 www,deq, virgin ia. gov DaVid K, Paylor Director ( 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@deq.state.va.us and smbamett@deq.state. va. us. Sincerely, G. Stephen Coe Grants Program Manager CC: Ruby Arredondo l'j:-~~~;-;~~-~:~~:J---~'~~_._,,: ':--:,i-;-"-::-.- :-~.. ! I ' "J !,' ,'~ " ! ' Ii 'I ' .' ! ; I .' ~ ' ~.I ~_!) :j 1 j I : in.' ': J ~"--"" ,,,-,__, ' I ' " --."---1 ' ' I. " I I I I _ ' , I ' :t : II i /. I ' i u J : S E P 2 1 /007 I I U : I ~ ~~ " , ( 'F ~; I f. ;''':! y 1/ ,',',,~ - 39 - Item v.K. 7. RESOLUTION/ORDINANCES ITEM #57023 ADD-ON Upon motion by Vice Mayor Jones, seconded by Council Lady Henley, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $526,100 of State Reimbursements for the Clerk of the Circuit Court with $489,300 to the Circuit Court Clerk Technology Fund and $36,000 to the General Fund. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 6, 2007 ,r~~B'i1~~ ,r,,"~~:l'~~'~~ fC;.' "-.- "~-c}~ (~~:.:.,,::J .....""""'...., CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $526,100 of State Reimbursements for the Clerk of the Circuit Court with $489,300 to the Circuit Court Clerk Technology Fund and $36,800 to the General Fund MEETING DATE: November 6,2007 · Background: The Clerk of the Circuit Court receives funding for technology by assessing Court fees. In the past, this money was awarded to the Clerk's Office through their State budget, so the City was not responsible for appropriating this funding. The State Compensation Board requires the city to appropriate the funding for the Clerk's Office technology funds. The City is reimbursed from the State for purchases and/or ongoing system maintenance fees made for technology purposes. The Clerk's Office has been approved for $525,000 in funding from the Technology Trust Fund, of which $35,700 has already been appropriated, resulting in a balance of $489,300 to be appropriated. This funding will support their vendor to payoff the remainder of the Case Management System, computer equipment and installation, annual software maintenance on the Land Records System. In addition, the Clerk's Office has been approved for $28,000 in state reimbursement for copier lease agreements and $8,800 in state reimbursement for copier paper. · Considerations: This appropriation, as always, will not require any additional funding from the City. The appropriation gives the Clerk's Office the ability to spend the funds with State revenue offsetting the appropriation. · Public Information: Public information will be handled through the normal Council Agenda Process. · Alternatives: Not appropriating the funding will result in loss of State revenues. · Recommendations: Accept and appropriate $489,300 in State Revenue to the Clerk of the Circuit Court's Technology Trust Fund. Accept and appropriate $28,000 in State revenue for Copier lease reimbursement and $8,800 in State revenue for copier paper reimbursement. . Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Clerk of the Circuit Court City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $526,100 OF STATE REIMBURSEMENTS FOR THE 3 CLERK OF THE CIRCUIT COURT WITH $489,300 TO THE 4 CIRCUIT COURT CLERK TECHNOLOGY FUND AND 5 $36,800 TO THE GENERAL FUND 6 7 WHEREAS, the Clerk of the Circuit Court has received $525,100 of revenues 8 from the Virginia Compensation Board consisting of $489,300 for technology purposes, 9 and $36,800 for copier leases and supplies. 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 1. That $489,300 of state revenues is accepted and appropriated to the Circuit 15 Court Clerk Technology Fund; and 16 17 2. That $36,800 of state revenues is accepted and appropriated to the General 18 Fund for the Clerk of the Circuit Court operating budget; and 19 20 Adopted by the Council of the City of Virginia Beach, Virginia on the 21 6th day of NO'Jcmbcr ' 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~Q.W~ Management Services !).....,J I CA 1 0533 November 2, 2007 R2 - 40- Item v'K.8. RESOLUTION/ORDINANCES ITEM #57024 ADD-ON Upon motion by Vice Mayor Jones, seconded by Council Lady Henley, City Council ADOPTED: Inclusion of local option for VRS (Virginia Retirement System) as Investment Manager of Virginia Beach's OPEB trust funds in Community Legislative Package re GASB 45 The City Attorney will work with Robert Matthias, Assistant to the City Manager, to address the verbiage of this addition to the Community Legislative Agenda Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 6, 2007 - 41 - Item V-L.1. APPOINTMENTS ITEM #57025 Upon motion by Vice Mayor Jones, City Council APPOINTED: Paul Hamaker Unexpired term through 5/31/2010 OPEN SPACE ADVISORY COMMITTEE Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 6, 2007 - 42- Item V-L.2.. APPOINTMENTS ITEM #57026 Upon motion by Vice Mayor Jones, City Council APPOINTED: Craig Roback Unexpired term through 12/31/2007 plus a 3-year term beginning 01/01/2008 and ending 12/31/2010 RESORT ADVISORY COMMISSION Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 6, 2007 - 43 - Item V-M. ADJOURNMENT ITEM # 57027 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:39 P.M. ~_a____~/.J Beverly 0. Hooks, CMC Chief Deputy City Clerk ---~ Fraser, MMC Meyera E. Oberndorf Mayor City of Virginia Beach Virginia The Public Comment Session adjourned at 7:20 P.M. November 6, 2007 - 44- OPEN DIALOGUE Non Agenda Items Brenda Armitage, sharevourlightnight@vahoo.com. life-long resident of Virginia Beach, CCO Luminary - Committee Chairperson, referenced the Carolanne Farms first luminary event, December 17, 2006. There were 2,000 luminaries highlighting the pride for their community. With the assistance of the Virginia Beach Council of Civic Organizations, along with the inspiration by the Carolanne Farm Civic League for holding the first event, the initiative of a First Annual "Share Your Light Night" on December 16, 2007, is coming to fruition. So far, seventeen (17) neighborhoods are participating. Non-jlame luminaries are utilized. Council Lady Wilson suggested the Mayor present a Proclamation in Honor of "Share Your Light Night". Stephen Donatone, 3264 Stapleford Chase, Phone; 306-7075, stationed in Virginia Beachfor ten (10) years, approximately thirty (30) years ago, returned upon retirement to Middle Plantation in 1999. For the last five (5) years, he has been harassed by dogs. He has exhausted all avenues of which he is aware to be a "good neighbor" and to no avail. City Staff will work with Mr. Donatone. Travis Beach, 995 Levy Loop, Phone: 301-7436, represented Virginia Coastal Access Now (VCAN), in opposition to the fishing restrictions at Lesner Bridge. Mr. Beach requested the City reverse its position on legal, licensed citizens wade fishing the Lynnhaven Bar. Many members here in attendance. Mark Feltner, President - Virginia Coastal Access Now (VCAN), 1356 Pamlico Boulevard, Chesapeake, Phone: 410-3180. VCAN is a non-profit group of recreational anglers and environmental advocates, who wish to enhance public access to Virginia's coast. He, too, requested the City reverse the regulations at the Lynnhaven Bar. Darrell Parker, 195 Green-Kemp Road, Phone: 619-8663, 24-year resident of the City, requested the City reverse its position on legal, licensed citizens wade fishing the Lynnhaven Bar. Rick Burnley, 2409 Sedgewick, 289-5136, wade fisherman, displayed the safety of the equipment worn to fish and emphasized the safety these fisherman project. Sergeant Brent Burnette, Police Marine Patrol Unit, representing Police, Fire and Emergency Medical Services, responded to inquires concerning restrictions at Lesner Bridge. The tide, at its strongest is approximately six (6) knots. A protocol for the City's professional dive team is anything over two (2) knots is considered to be dangerous. Since 1960, there have been at least twenty-three (23) documented drownings in this small area. The sandbar is fairly close to the main boat channel that all the boaters from the inland waters of Linkhorn Bay, the Narrows, Broad Bay, Long Creek and both of the branches of the Lynnhaven River utilize. Everyone is welcome to fish from the shoreline where it is safe and there are no restrictions November 6, 2007