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JUNE 24, 2008 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 RUN A. VIUANUEVA, At-Large ROSEMARY WILSON, At-I,arge .lAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA ('ITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES FRASER, MMC 24 JUNE 2008 I. CITY MANAGER'S BRIEFINGS -Conference Room - A. HISTORIC HOUSES PUBLICATION C. Mac Rawls, Chairman - VB2007 B. 5K FITNESS FACILITY Cindy Curtis, Director -Parks and Recreation II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Vice Mayor Louis R. Jones B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION " I CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com 2:00PM 4:00 PM I I V. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: 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 June 10, 2008 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARINGS 1. LEASES OF CITY PROPERTY a. London Street, Indiana and New York Avenues, Webster Place b. New Bridge Road (reschedule to July 1, 2008) I. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. Section 35-37 re penalty and interest when real estate taxes are not paid on time b. Section 17-5 re concealment or unauthorized removal of books or other Library property c. Section 23-31 re petit larceny d. Section 38-1 re carrying concealed weapons " I 2. Ordinance/Resolution of the Agricultural Reserve Program (ARP): a. AMEND Section 11 ofthe Agricultural Lands Preservation (ARP) re required findings for repurchases of development rights b. AUTHORIZE and DIRECT the City Manager to execute an intergovernmental agreement between the Virginia Department of Agriculture and Consumer Services re the purchase of Agricultural Reserve Program easements. 3. Ordinances to REPEAL the City Code: a. Section 3-6 of the City Code re operation of Vehicles for Display, Announcements or Advertisements b. Section 23-45.1 re unlawful filming, videotaping or photographing of another 4. Ordinances re GASB45: a. ESTABLISH and PARTICIPATE a Trust for other post-employment Benefits re Virginia Pooled OPEB b. APPROPRIATE $2,000,000 from the Fund Balance ofthe General Fund and TRANSFER $3,000,000 from dedicated reserve for contingencies to comply with the Retiree health liability 5. Resolution AUTHORIZING changes to the Health Care coverage available to active and retired employee. 6. Ordinance to AUTHORIZE the City Manager to execute Leases for less than five (5) years with RW White Farm, LLC for thirty-six (36) acres of City-owned land on New Bridge Road. (Defer to July I, 2008) 7. Ordinance AUTHORIZING the City Manager to execute Leases for five (5) years or less with Virginia Beach Community Development Corporation (VBCDC) for the use of four (4) residential properties. 8. Ordinance AUTHORIZING the City Manager to enter into a Lease Agreement for relocation of the Emergency Medical Services (EMS) Administration and TRANSFER $153,310 to the Department of Management Services FY 2008-09 Operating Budget re lease expenses. 9. Ordinance to ACCEPT and APPROPRIATE $821,070 in State revenue and $549,760 in fund balance from the Comprehensive Services Special Revenue Fund to the FY2007-08 Department of Human Services to fully fund mandated foster care services. 10. Ordinance to APPROPRIATE State revenue of$29,525 from designated cost recovery sources and $2,281 gift fund balance to the Fire Department's FY 2007-08 Operating Budget to facilitate designated expenditures of the Fire Department. 11. Ordinance to ACCEPT and APPROPRIATE $8,745 contribution resulting from the first annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception re a donation to three local charitable programs. II II 12. Ordinance to GRANT permits allowing certain Emergency Medical Services (EMS) agencies to operate in the City of Virginia Beach. a. American Lifeline Medical Transport b. Children's Hospital of the King's Daughters Transport c. Life Evac of Virginia Air Medical Transport d. Medical Transport e. Network Medical Systems f. Eastern Shore Ambulance Service g. Nightingale Air Ambulance K. PLANNING 1. Application of JOHN SARGENT for the Expansion of a Nonconforming Use for expansion and alternations at 203 62nd Street DISTRICT 5 - L YNNHA VEN DEFERRED INDEFINITELY RECOMMENDATION February 12,2008 APPROV AL 2. Application of GLEN and VERONICA CUNNINGHAM for the closure of an alley to incorporate this area into their existing single-family residential lot at 621 South Atlantic Avenue. DISTRICT 6 - BEACH RECOMMENDATION APPROV AL 3. Variance to g4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO), subdivision for MILDRED FRAZIER and REED GODFREY at 1680 Godfrey Lane to subdivide this large lot into two (2) parcels. DISTRICT 5 - L YNNHA VEN RECOMMENDATION APPROV AL 4. Application of CHECKERED FLAG MOTOR CAR CO., INC. for a Conditional Use Permit re motor vehicle sales and service at 5070 Virginia Beach Boulevard. DISTRICT 4 - BA YSIDE RECOMMENDATION DEFER TO JULY 8, 2008 5. Application of BOBBY ROWE'S DIESEL SERVICE, INC., for a Conditional Use Permit re small engine repair/automobile repair garage at 1333 Harpers Road, Suite 107, Unit D. DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 6. Application of ROBYN D. VASILE for a Conditional Use Permit re home occupation (textile art) at 5713 Ranger Street DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROV AL " H 7. Application of MARVIN M. and GAYLE B. ROLLINS at 609 Princess Anne Road: DISTRICT 7 - PRINCESS ANNE a. Change of Zoning District Classification from AG-2 Agricultural District to Conditional B-2 Community Business District re office-warehouses, self-storage units, and a restaurant b. Conditional Use Permit for mini-warehouses RECOMMENDATION APPROVAL 8. Application of HOME ASSOCIATES OF VIRGINIA, INC. for Modification of Proffers (approved by City Council on June 13,2006 for LBH, L.L.C.). at Princess Anne and Sandbridge Roads to relocate commercial sites and vehicular access. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROV AL 9. Application of CATHOLIC DIOCESE OF RICHMOND for a Modification of Conditions (approved by City Council on November 10, 1986, at St. Gregory the Great) 5345 Virginia Beach Boulevard, to allow the construction of a prefabricated metal storage building on a slab. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 10. Application ofCILOU, L.L.C. for a Modification of Conditions [approved by City Council on May 12,1992, and October 29,1996, (M. R. & Mary R. Welch), October 13,1992 (McKenzie Construction Corp.)], at 588 Central Drive re eliminating all previous conditions and establishing new conditions for the entire site. DISTRICT 6 - BEACH RECOMMENDATION APPROV AL 11. Ordinances ofthe CITY OF VIRGINIA BEACH: a. AMEND Section 212 of the City Zoning Ordinance (CZO), and ADD a new Section 212.2, re motor vehicle signs RECOMMENDATION APPROV AL b. AMEND Appendix D - Stormwater Management Ordinance re variances c. AMEND Appendix F - Chesapeake Bay Preservation Area Ordinance re maintenance agreements for structural best management practices, post development runoff load and impervious cover RECOMMENDATION APPROV AL II " - L. APPOINTMENTS BEACHES and WATERWAYS COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE HISTORIC PRESERVATION COMMISSION HUMAN RIGTHS COMMISSION LOCAL FINANCE BOARD - GASB 45 OPEN SPACE ADVISORY COMMITTEE I M. UNFINISHED BUSINESS N. NEW BUSINESS Schedule City Council Sessions for July and August July 1 Briefing, Informal, Formal, including Planning July 8 Briefing, Informal, Formal, including Planning July 9 - August 4 City Council Vacation August 5 Cancelled - "National Night Out" August 12 Briefing, Informal, Formal, including Planning August 19 City Council Workshop August 26 Briefing, Informal, Formal, including Planning O. ADJOURNMENT CITY COUNCIL TWO-DAY RETREAT AUGUST 22-23, 2008 8:30 AM - 5:30 PM ECONOMIC DEVELOPMENT CONFERENCE ROOM TOWN CENTER ******** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** I I I I - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 24, 2008 Vice Mayor Louis R. Jones called to order the CITY MANAGER'S BRIEFING re HISTORIC HOUSES PUBLICATION in the City Council Conference Room, City Hall, on Tuesday, June 24, 2008, at 2:00 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, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Mayor Meyera E. Oberndorf [Entered: 6:00 P.M Formal Session, returning from the United States Conference of Mayors in Miami, Florida) June 24, 2008 I I I I - 2 - CITY MANA GER'S BRIEFING HISTORIC HOUSES PUBLICATION 2:00 P.M. ITEM # 57734 Mac Rawls, Chairman - VB2007, distributed the publication entitled "50 Most Historically Significant Houses and Structures in Virginia Beach, " published by the Virginia Beach Historic Preservation Partnership. This group was sanctioned in 1999 and is a combined effort of the City of Virginia Beach, the Princess Anne County/Virginia Beach Historical Society and the Hampton Roads Realtors Association, which promotes the preservation of historic places in Virginia Beach through voluntary efforts of the owners. This publication has been an effort that spanned four (4) years and involved the following members of the Virginia Beach Historical Preservation Partnership: Glenda Knowles - Chairman, Ruby Ann Dunn, Council Lady Barbara Henley, Mike Newbill, Robert Davis - Planning, Mark Reed - Department of Museums, Rob Bradham and Barrett Stork. Carolyn Barkley, the retired Director of the Virginia Beach Central Library provided her services for the final edit as well as assisted in assembling the bibliography. Dr. Stephen Mansfield, author and retired Professor and Dean - Virginia Wesleyan College, Fielding Tyler, Director - Old Coast Guard Station Museum, and Robert Davis - City Planner, served variously as advisors and reviewers for historical content. For nearly three hundredfifty years (350), the Princess Anne County/Virginia Beach area was essentially a large, sparsely-populated rural county. It had a widely dispersed settlement pattern, and the economy was directly dependent upon the commerce created by the City of Norfolk. It had a widely dispersed settlement pattern that included a few small villages and a growing town at the Oceanfront. The sudden explosion of post-World War II development, however, very quickly transformed this mainly agrarian community into the most populated City in Virginia. As a result, no "historic area" can be easily delineated or designated in today's City of Virginia Beach. There are, however, at least 600 identified buildings throughout the City that have some historic or architectural importance. This initial publication has been limited to the fifty (50) most significant sites. Buildings that are protected by Government Entities and Historical Groups Whose Preservation Seems Reasonably Assured Adam ThoroughgoodHouse, 1719 Lynnhaven House, 1725 Francis Land House, 1805 de Witt Cotage, 1985 Ferry Plantation, 1880 Old Coast Guard station, 1903 Upper Wolfsnare, 1759 James-Bell, 1820 (Operated as Historic House Museums by (the City of Virginia Beach) Historical Houses and Structures of which one may not be Aware Edgar Cayce House, 1925 Frank Lloyd Wright, 1959 WebUn, early 1700's* Pleasant Ridge School, 1880's** First Landing, 1933 Kenstock, 1880 June 24, 2008 I I 1,1 - 3 - CITY MANAGER'S BRIEFING HISTORIC HOUSES PUBLICATION ITEM # 57734 (Continued) *The Weblin home has covenants on the deed, which require future owners to preserve the historic nature of the home. **The Restoration of Pleasant Ridge School was a community effort led by Council Lady Henley, Sheriff Frank Drew, as well as others. Examples of Private Homes that Have Been Commendably Maintained or Renovated Adam Keeling, 1735 Hermitage, 1699 Greystone,1905 Richard Kellam, 1700's Sajo Manor, 1939 Baxter Farm, 1790 Historical Houses that Have Been Adapted to Other Uses Carraway, 1735 Pleasant Hall, 1769 Church Point Manor, 1860 Historical House Owner That Deserves an "A" for Effort Thomas Woodhouse, 1810* *The Thomas Woodhouse Home is owned by a retired school teacher. This home is surrounded by development and she has resisted offers to sell. She is interested in preserving this home after her passing. This home has been added to the Historical Registry Historical Houses and Buildings in Question Pembroke Manor, 1764 Fort Story, 1915 Cape Henry Lighthouses 1792 and 1881 Camp Pendleton, 1912 Brown's Tavern, 1832 Cavalier Hotel, 1927 Princess Anne Courthouse, 1823 Historical Houses and Buildings in Peril Roland Courts Theater, 1925 Whitehurst-Buffington, 1793 Councilman Uhrin advised he spoke with the General Manager of the Cavalier Hotel. A major renovation for the entire first floor of this building is scheduled for the Winter. Mr. Rawls advised, however, the property owners have never placed this building on the Historical Registry. June 24, 2008 I I I I - 4- CITYMANA GER'S BRIEFING HISTORIC HOUSES PUBLICATION ITEM # 57734 (Continued) The publication "50 Most Historically Significant Houses and Structures in Virginia Beach" will be utilized as an educational tool and placed on sale for five dollars ($5.00) at the Francis Land House among other locations. This publication will be distributed "free of charge" to all the Virginia Beach Schools and Public Libraries. This publication will be presented to various community and business groups as the Council of Civic Organizations, Visions, Hampton Roads Chamber of Commerce, et cetera. This publication will also be utilized as a tool to open dialogue between the various owners of the historic properties. This presentation will also be scheduledfor the Planning Commission of July Ninth. Council Lady Henley advised the hard part of the endeavor was reducing the evaluation to fifty (50) homes. The previous inventories in the early 1990 's have recognized six hundred (600) historically significant structures thru a "windshield survey". A group, of which Council Lady Henley participates, is interested in local history and will be photographing historic structures in the southern portion of the City (from here south). There was a deliberate avoidance of churches, with the exception of Old Donation and the Fort Story Chapel. Mr. Rawls advised consideration and discussion has ensued re a publication just encompassing Churches. The Buffington House was being leased by Michael Connors until a few years ago. June 24,2008 I I - 5 - CITY MANA GER'S BRIEFING 5K FITNESS FACILITY 2:44 P.M. ITEM # 57735 Cindy Curtis, Director - Parks and Recreation, introduced Chris Felton, Chair - Bikeways and Trails Committee, Barbara Duke, Staff Liaison - Bikeways and Trails Committee and Barry Frankenfield, Planning Design and Development - Parks and Recreation The group was fortunate to have the assistance of Council Lady Henley Barry Frankenfield advised this project re the 5K Fitness Facility has come a long way. Approximately five (5) years ago, Mike Eason, Resort Programs Administrator - Convention and Visitors Bureau, suggested a place for special events was needed as an alternative location at the Oceanfront. Facilities of this nature are located all over the United States. . Recommendation of Bicycle and Trails Committee . Study fundedfrom CIP 4-074 Bicycle and Trails Projects 5K Loop Concept to address Special Events, Recreation and Fitness . Accommodate a variety of users and ages at various skill levels, something families can do together ~ I ~8 === _m_ _EII_~L*~ ==: :i ~ _ ~ ____'An. :O":::=VI > ~ Z3J eJlTUl~ :C::=TIIAU C3 ==-= '0 ~ ~._..~ Www :~~~ CJ ~1l'OIrT1l'l-EX g~ 11II ----~ ~ =~::::T.~ ==~ _"ACf. 1'IlOI'OeED'''Tk~'''''T.I-IlOo\Q~ 1IIl""__ _W(M~~ .....~ .....l.Ctl__~ TIIoVFlCMU __loCH _'-".....1II.....,.1) $lilt IfYI)II\O__ACU DInlM_ " ~Utn li L1 LEGEND ., ,.~. ' June 2.~.. 2008 en ,~nUNClL ERiEFlNG The process entailed Public input, variety of user groups (workshops & user surveys) provided design criteria, five (5) Preliminary alternatives and $3.2-MILLION proposed Capital Improvement Program. Project not included in the FY 2008/2009 CIP. All members of City Council will be provided a copies of the Ptrincess Anne Commons concept map. This is a tremendous tool for all activities. June 24, 2008 I I I" - 6 - CITY MANAGER'S BRIEFING 5K FITNESS FACILITY ITEM # 57735 (Continued) User Preferences . Cycling, running, walking and skating Asphalt Event use mostly weekends, both AM/PM 5K length Used with visits to other adjacent facilities Compared to other similar facilities - Mt. Trashmore, Boardwalk, First Landing Separate lanes for various uses Wide start Shade & topography Cross country One-way traffic Grandstands Rest stops/restrooms . . . . . . . . Mr. Frankenfield displayed a sample of a Cycling and Fitness Park. This facility in Pennsylvania is the model which citizens have reviewed. This Park was privately funded, publicly operated and developed in a County Park system. Bob Rodale Cycling and Fitness Parks . Accommodates multitude of users .75 mile outer loop, .6 mile cut through, total "loop" 1.35 miles (2.32 K) Paved path, walking trails Velodrome, midway area for vendors, 15- acre internal park, grandstands, press box, concessions, locker rooms and restrooms Hosts major events 100 acre total park complex Developed in county park system, primarily privately funded . . . . June 24,2008 I I I I - 7 - CITY MANA GER'S BRIEFING 5K FITNESS FACILITY ITEM # 57735 (Continued) Five (5) alternatives were reviewed in this area: Amphitheater, Princess Anne Athletic Complex, Sportsplex, An area between proposed Southeastern Parkway and Greenbelt and the First Tee Golf Course, as well as other space if a very large facility, is desired. Princess Anne Athletic Complex (P A CC) Pros . 2.4 K (1.5 Mile) length, approximates the Rodalefacility in PA, a modelfor the project Generally attractive setting One of the least land intensive alternatives Adds diversity to the Athletic Complex Accommodates long path alignments, some without driveway crossings Daily use support facilities and parking area in place . Cons · Other facilities are heavily booked on weekends and could create capacity conflicts Two driveway crossings Would limit or preclude development of some master planned sports fields \1' I \'\ -, r (: \IQ ,~;; - -J,..,/ -. \ "", ,~~>,!?\'" i1if \ \ ,f"~\ ' ;1;/ \ 1 .t/P~NG (2~ d!I.. ...... """. \:: exi8TI'~r' ( , 0~ '\;,\ ',J,.. " '1\ ! 0, / jf ( ~i ,';<.c ........_.\......... '''''':''2,(~c!i ..;..r L/ - .1, '/, '}(). ~.:L~.:~~..A_~,",:::,,, ;~ \ '/~~'''{)~>// r '~'. FIE&~)\ r" # ~~t.":: / / .~,,""~" , /' . " "'>' "".:'1' ,tJ"i9'.../ ......"'" 1'( \.0 '." " /'. : ,.' fl ,.- r*~ \ '-, /f:/~<~,/~' / /~" // H \1~0v / :~~ : . \~L~;~:lm__Ji ,At : I ., ... '" ~ ' ;:.4. JilOS t3 June 24, 2008 I I I I - 8 - CITY MANA GER'S BRIEFING 5K FITNESS FACILITY ITEM # 57735 (Continued) Sportsplex Pros 2.5 K length (similar to P AA C) Very attractive setting · Large existing parking areas · Support facilities for large crowds in place Cons In conflict with future Indoor Sports Facility Project In conflict with Economic Development opportunities such as an office park Probable Costs P AA C Alternative: Essential Items - $3. 26-MILLION · Sportsplex Alternative: Essential Items - $3.42-MILLION Conclusions · Princess Anne Athletic Complex is the recommended location · Consider for future Capital Improvement Project · Consider grants and/or public private partnership opportunities for funding Chris Felton, Chair - Bikeways and Trails Advisory Committee, advised the ultimate wish for the facility is 5K; however, the Committee is more supportive of the new proposed location and the advantage of expansion in the future. June 24,2008 I I I" - 9 - CITY COUNCIL COMMENTS 3:03 P.M. ITEM # 57736 Council Members Uhrin and Wood attended the first Audit Committee Meeting last week, discussing their plan for the coming year. Lyndon S. Remias - City Auditor, in the next few weeks, would like to make a formal presentation to City Council and discuss his first forty-five (45) days in office. Chair Stanwood Dickman Joanna Augone Dr. Douglas Ziegenfuss ITEM # 57737 Councilman Dyer expressed concern re vandalism in the Glenwood area. Councilman Villanueva advised there was some graffiti and destruction to Virginia Power, which has been cleared. The City Manager shall provide a status report ITEM # 57738 Councilman Wood advised Delegate Tata and Senator Wagner have apparently entered House Bill 6028 - Light Rail from Norfolk to Virginia Beach in the Special Session,. This Bill requires Virginia Department of Rail and Public Transportation to solicit proposals under the Public/Private Transportation Act of 1995 for the extension of the proposed light rail system in the City of Norfolk from its currently planned terminus at Newtown Road in the City of Norfolk along the Interstate Route 264 Corridor on the right-of-way of the Norfolk Southern Railway to the Beach front in the City of Virginia Beach. The Bill further provides construction of the project described as in the public interest and qualifies for public funding to the extent that funds may be required from either or both the Rail Enhancement Fund and the Transportation Partnership Opportunity Fund. The City Manager requested Robert Matthias ask Senator Wagner and Delegate Tata to whom they had spoken and an answer was not provided. Councilman Wood advised the President of Hampton Roads Transit and their Legislative Affairs representatives have not heard of this proposed Bill either. ITEM # 57739 Council Lady Henley referenced an e-mail from a community concerning Block Parties. This year, the community was assessed a new fee, over $1,000 as liability for utilizing the street. Each year, approximately eleven (11) communities have been issued Block Party permits. Council Lady Henley requested this be reviewed as to possible impact. Council Lady McClanan also expressed concern re the purchase of liability insurance for meeting in one of the City houses. The City Attorney advised there has always been an insurance requirement. Information shall be provided. June 24,2008 I I I I - 10 - AGE N DA REV IE W S E S S ION 3:35 P.M. ITEM # 57740 J 1.d. Section 38-1 re carrying concealed weapons Public Safety Attorney Kathy Rountree advised this amendment does not affect any of the locations where a concealed weapon may be carried. If you wish to carry a concealed weapon, one must have a concealed weapon permit, unless the State Code specifically states one is not necessary. ITEM # 57741 J5. Resolution AUTHORIZING changes to the Health Care coverage available to active and retired employees. Councilman Diezel distributed a slight revision to the Resolution, which is hereby made a part of the record. As a result of a question from Councilman Uhrin, Vice Mayor Jones and he have worked with the City Attorney regarding the intent and language. The intent of the Resolution is to balance out future Retiree cost with future employee cost. Vice Mayor Jones advised the language changes basically to where the contribution of the Retiree would be fixed at the time of retirement, the contribution of the Retiree now will be the same as any other employee. Councilman Uhrin advised the commitment to Retirees would be honored; however, they will not receive better benefits than offered our current employees. Councilman DeSteph advised they are still trying to determine a solution for those who retire with less than twenty-five (25) years. The City Manager advised the City is moving rapidly toward the point where changes cannot be made in the current enrollment. The City Manager suggested making the Point of Service Plan available for those who retire with less than twenty-five (25) years of service. Those Retirees will pay the full cost and are not blended into the group and, therefore, are not impacting the rate structure. Councilman Wood believes Paragraph 4 referenced future Retirees. Councilman Wood was concerned re the GASB impact. Susie Walston, Chief of Staff, advised currently if you are eligible to retire under the Virginia Retirement System (VRS), which requires five (5) years to be vested, and you have less than twenty-five (25) years of service with the City; you are allowed to access the City's health plans. Currently, there are forty-three (43) retirees with less than 25 years of services versus the four hundred thirty-nine (439) which have twenty-five (25) or more years of service. There are separate ratesfor Retirees with less than twenty-five (25) years of service. Based on the staff's evaluation, the liability has been reduced from $5-MILLION down to $300,000. The different levels of coverage need to be continually adjusted. Mrs, Walston further advised the Point of Service Plan for Retirees with less than 25 years of service is currently $557.00 a month, It is only $5.00 a month for employees with 25 years or more of service. The HMO cost is $550.00 a month for Retirees with less than twenty-five years, versus no cost for employees with more than twenty-five (25) years of services. Councilman Uhrin suggested such Section 4 be amended re Retirees with less than 25 years of service must pay the full costs. Councilman DeSteph concurred as those Retirees shall only be allowed to participate in the Point of Service Plan or other plans approved by City Council atfull costs. The City Attorney shall provide an AMENDED Resolution. June 24, 2008 I I II - 11 - AGE N DA REV I E W S E S S ION ITEM # 57742 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: J. ORDINANCES/ RESOLUTIONS 1. Ordinances to AMEND the City Code: a. Section 35-37 re penalty and interest when real estate taxes are not paid on time b. Section 17-5 re concealment or unauthorized removal of books or other Library property c. Section 23-31 re petit larceny d. Section 38-1 re carrying concealed weapons 2. Ordinance/Resolution of the Agricultural Reserve Program (ARP): a. AMEND Section 11 of the Agricultural Lands Preservation (ARP) re required findings for repurchases of development rights b. AUTHORIZE and DIRECT the City Manager to execute an intergovernmental agreement between the Virginia Department of Agriculture and Consumer Services re the purchase of Agricultural Reserve Program easements. 3. Ordinances to REPEAL the City Code: a. Section 3-6 of the City Code re operation of Vehicles for Display, Announcements or Advertisements b. Section 23-45.1 re unlawful filming, videotaping or photographing of another 4. Ordinances re GASB45: a. ESTABLISH and PARTICIPATE in a Trustfor other post-employment Benefits re Virginia Pooled OP EB b. APPROPRIATE $2, 000, OOOfrom the Fund Balance of the General Fund and TRANSFER $3,000,000 from dedicated reserve for contingencies to comply with the Retiree health liability 5. Resolution AUTHORIZING changes to the Health Care coverage available to active and retired employee. 6. Ordinance to A UTHORIZE the City Manager to execute Leases for less than five (5) years with RW White Farm, LLCfor thirty-six (36) acres of City-owned land on New Bridge Road. (Defer to uly 1, 2008) June 24, 2008 I I I ,I - 12 - AGE N DA REV IE W S E S S ION ITEM # 57742 (Continued) 7. Ordinance AUTHORIZING the City Manager to execute Leases for five (5) years or less with Virginia Beach Community Development Corporation (VBCDC) for the use offour (4) residential properties. 8. Ordinance AUTHORIZING the City Manager to enter into a Lease Agreementfor relocation of the Emergency Medical Services (EMS) Administration and TRANSFER $153,310 to the Department of Management Services FY 2008-09 Operating Budget re lease expenses. 9. Ordinance to ACCEPT and APPROPRIATE $821,070 in State revenue and $549,760 in fund balance from the Comprehensive Services Special Revenue Fund to the FY2007-08 Department of Human Services to fully fund mandated foster care services. 10. Ordinance to APPROPRIATE State revenue of $29,525 from designated cost recovery sources and $2,281 giftfund balance to the Fire Department's FY 2007-08 Operating Budget to facilitate designated expenditures of the Fire Department. 11. Ordinance to ACCEPT and APPROPRIATE $8,745 contribution resulting from the first annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception re a donation to three local charitable programs. 12. Ordinance to GRANT permits allowing certain Emergency Medical Services (EMS) agencies to operate in the City of Virginia Beach. a. American Lifeline Medical Transport b. Children's Hospital of the King's Daughters Transport c. Life Evac of Virginia Air Medical Transport d. Medical Transport e. Network Medical Systems f Eastern Shore Ambulance Service g. Nightingale Air Ambulance Item J.5 (Health Care Coverage) shall be ADOPTED -ALTERNATE #2 - BY CONSENT Item J.6 (R. W. White Farm, LLC) shall be DEFERRED, BY CONSENT, until the City Council Session of July 2, 2008. June 24, 2008 I I I II I - 13 - AGE N DA REV IE W S E S S ION ITEM # 57743 8. Application of HOME ASSOCIATES OF VIRGINIA, INC. for Modification of Proffers (approved by City Council on June 13, 2006for LBH, L.L.c.). at Princess Anne and Sandbridge Roads to relocate commercial sites and vehicular access. DISTRICT 7 - PRINCESS ANNE Council Lady Henley wished this item discussed during the Formal Session, as she has questions. ITEM # 57744 K. 11. Ordinances of the CITY OF VIRGINIA BEACH: a. AMEND Section 212 of the City Zoning Ordinance (CZO), and ADD a new Section 212.2, re motor vehicle signs c. AMEND Appendix F - Chesapeake Bay Preservation Area Ordinance re maintenance agreements for structural best management practices, post development runoff load and impervious cover These items will be discussed during the Formal Session June 24, 2008 I I I ,I - 14 - AGE N DA REV IE W S E S S ION ITEM # 57745 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: K. PLANNING 1. Application of JOHN SARGENT for the Expansion of a Nonconforming Use for expansion and alternations at 203 62nd Street DISTRICT 5 - LYNNHA VEN 2. Application of GLEN and VERONICA CUNNINGHAM for the closure of an alley to incorporate this area into their existing single-family residential lot at 621 South Atlantic Avenue. DISTRICT 6 - BEACH 3. Variance to ~4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO), subdivision for MILDRED FRAZIER and REED GODFREY at 1680 Godfrey Lane to subdivide this large lot into two (2) parcels. DISTRICT 5 - LYNNHA VEN 4. Application of CHECKERED FLAG MOTOR CAR CO., INC.for a Conditional Use Permit re motor vehicle sales and service at 5070 Virginia Beach Boulevard. DISTRICT 4 - BAYSIDE 5. Application of BOBBY ROWE'S DIESEL SERVICE, INC., for a Conditional Use Permit re small engine repair/automobile repair garage at 1333 Harpers Road, Suite 107, Unit D. DISTRICT 6 - BEACH 6. Application of ROBYN D. VASILEfor a Conditional Use Permit re home occupation (textile art) at 5713 Ranger Street DISTRICT 2 - KEMPSVILLE 7. Application of MAR VIN M and GA YLE B. ROLLINS at 609 Princess Anne Road: DISTRICT 7 - PRINCESS ANNE a. Change of Zoning District Classification from AG-2 Agricultural District to Conditional B-2 Community Business District re office-warehouses, seLFstorage units, and a restaurant b. Conditional Use Permit for mini-warehouses 9. Application of CATHOLIC DIOCESE OF RICHMOND for a Modification of Conditions (approved by City Council on November 10, 1986, at St. Gregory the Great) 5345 Virginia Beach Boulevard, to allow the construction of a prefabricated metal storage building on a slab. DISTRICT 2 - KEMPSVILLE June 24, 2008 I I I ,I - 15 - AGE N DA REV I E W S E S S ION ITEM # 57745 (Continued) 10. Application ofCILOU, L.L.C.for a Modification of Conditions [approved by City Council on May 12,1992, and October 29,1996, (M R. & Mary R. Welch), October 13, 1992 (McKenzie Construction Corp.)], at 588 Central Drive re eliminating all previous conditions and establishing new conditions for the entire site. DISTRICT 6 - BEACH 11. Ordinance of the CITY OF VIRGINIA BEACH: b. AMEND Appendix D - Stormwater Management Ordinance re variances Item K.4.(CHECKERED FLAG MOTOR CAR CO., INC.) shall be DEFERRED, BY CONSENT, until the City Council Session of July 8, 2008. Councilman DeStephABSTAINED on Item 10. (CILOU, L.L.c.) Councilman DeSteph DISCLOSED and ABSTAINED, pursuant to Section 2.2-3115(E), Code of Virginia, re City Council's discussion and vote on the application of CILOU, L.L. C. for a modification of conditions for property located at 588 Central Drive. Councilman DeSteph is a member of CILOU, L.L.C. and has a personal interest in the corporation. Councilman DeSteph's correspondence of June 24, 2008, is hereby made a part of the record. June 24, 2008 I I I I - 16 - ITEM # 57746 Vice Mayor Louis R. Jones f 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, Agencies and Appointees 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 LEGAL MATTERS: Consultation with legal counselor briefings by staff members, consultants, 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). Witchduck Lake Enterprises, inc. v. City of Virginia Beach Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 3:50 P.M. June 24. 2008 I I I I - 17 - ITEM # 57746 (Continued) 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, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf [Returningfrom United States Conference of Mayor's in Miami, Forida (Closed Session: 3:50 P.M. - 5:30 P.M.) (Break: 3:58) (Dinner: 5:30 P.M. - 5:55 P.M.) June 24,2008 I I I I - 18 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL June 24, 2008 6:00 P.M. Vice Mayor Louis R. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, June 24, 2008, 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, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Mayor Meyera E. Oberndorf [Entered: Formal Session - after call to order, returningfrom United States. Conference of Mayors INVOCATION: Reverend Frances Cooper Courthouse Community United Methodist 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 3], 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] 0, 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. June 24,2008 I I I I - 19 - 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. June 24, 2008 I I I I - 20- Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 57747 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, 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, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Mayor Meyera E. Oberndorf Council Members Absent: None Mayor Oberndorf was returningfrom a Us. Conference of Mayor's meeting and was not in attendance during the Closed Session. June 24,2008 I I 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 # 57746, Page 16, 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. NOJiY, 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. June 24,2008 I I I I - 21 - Item V-F.1 ITEM # 57748 Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of June 10,2008. 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 June 24,2008 I I Item V-G.] ADOPT AGENDA FOR FORMAL SESSION BY CONSENSUS, City Council ADOPTED: I ,I - 22- ITEM # 57749 AGENDA FOR THE FORMAL SESSION June 24,2008 I I II - 23 - Item V-G.] ITEM # 57750 Mayor Oberndorf RECOGNIZED the following Boy Scouts in attendance to earn their merit badges for communications: Boy Scout Troop 63 Francis Asbury United Methodist Church Scout Master Boy Scout Troop 12 Providence Presbyterian Church Mayor Oberndorfpresented each Scout with a City Seal pin. Troop 63 will accomplish their milestone this year of the One Hundredth Eagle Scout. June 24, 2008 I I I I - 24- Item V-H.l.a. PUBLIC HEARING ITEM # 57751 Mayor Oberndorf DECLARED A PUBLIC HEARING: LEASE for use of CITY PROPERTY London Street, Indiana and New York Avenues, Webster Place The following registered to speak: Joe Ferrara, 209 Cheltenham Drive, Phone: 572-9236, Member - Virginia Beach Oceana Land Use Conformity Committee, expressed concern of the residents of Gatewood Park relative the property being made available at low cost to a Section 8 recipient. There are potential issues concerning subsidized housing. The staff has informed him this London Street property is envisioned to be a market rate rental. The Virginia Beach Community Development Corporation will make the necessary improvements to bring the property up to code. If issues arise with the residents, mechanisms are in place to report violations or problems. Mr. Ferrara appreciated the positive actions in the APZ-l areas to preserve the integrity of the neighborhood. Christian Lambert, 2241 London Street, Phone: 431-1690, 4-year resident of Gatewood Park, expressed concern re the properties bearing City signs which have been purchased. Vandalism has been occurring on some of the City properties which have been abandoned for several months. Sam Reid 1533 Virginia Beach Boulevard, Phone: 284-1067, President - Oceana Gardens Coalition of Civic Leagues, expressed concern of the residents re the leasing. However, in speaking with the Virginia Beach Community Development Corporation, he was advised the rental range is not within the low income area. The lease does not contain any language which indicates low income housing cannot exist. A program for low interest rate purchasingfor Police Officers and Teachers would be an excellent concept for the neighborhood stabilization. Mr. Reid invited all to Scott Memorial Methodist Church, July 15, 2008, 7:00 P.M to attend their Civic League meeting. Phillip Davenport, Public Works Engineering will provide information relative the properties in this area. Councilman Wood advised this Lease would not encompass Section 8 housing. Vice Mayor Jones advised the homes are purchased in this manner as they are single family homes currently existing on duplex lots. The purchase will keep those lots from being developed into two (2) units, which would increase the density in the APZ-l. The City's purchase is not to allow any increase of density, These are willing sellers, Mayor Oberndorf advised these properties do not involve condemnation. There being no further speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING June 24, 2008 I I I ,I - 25 - Item V-H.l.b. PUBLIC HEARING ITEM # 57752 Mayor Oberndorf DECLARED A PUBLIC HEARING: LEASE for use of CITY PROPERTY New Bridge Road (rescheduled to July 1, 2008) June 24, 2008 I I I" - 26- Item V-J. ORDINANCES/RESOLUTIONS ITEM # 57753 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items 1a1ble/d, 2 a/b, 3 aIb, 4a1b, 5 (AS AMENDED -ALTERNATE #2),6 (DEFERRED), 7, 8, 9, 10, 11, 12a-g o/the CONSENT AGENDA. Item J.5 (Health Care) 3 shall be ADOPTED, AS AMENDED -ALTERNATE #2, BY CONSENT Item J.6 shall be DEFERRED BY CONSENT, until the City Council Session of July 1,2008. 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 June 24, 2008 I I I I - 27- Item V-J.l. a.lb.lc.l.d/ ORDINANCES/RESOLUTIONS ITEM # 57754 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinances to AMEND the City Code: e. Section 35-37 re penalty and interest when real estate taxes are not paid on time f Section 17-5 re concealment or unauthorized removal of books or other Library property g. Section 23-31 re petit larceny h. Section 38-1 re carrying concealed weapons 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 June 24,2008 I I I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AN ORDINANCE TO AMEND CITY CODE S 35-37 PERTAINING TO PENALTY AND INTEREST WHEN INSTALLMENT NOT PAID ON TIME SECTION AMENDED: 35-37 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINA BEACH, VIRGINIA: That Section S 35-37 of the City Code is hereby amended and reordained to read as follows: Sec. 35-37. Penalty and interest when installment not paid on time. (a) In the event any installment of taxes on real estate is not paid on or before the time the same is due and payable as set forth in section 35-36, there shall be added thereto a penalty of ten (10) percent of the amount of such unpaid installment or the sum of ten dollars ($10.00), whichever shall be greater, and such installment and penalty shall bear interest commencing on the first day following the day such taxes were due, at the rate of nine and six-tenths (9.6) percent per annum during the first year such taxes are delinquent, and thereafter at the rate of eight and four-tenths (8.4) percent per annum. Provided however, that the penalty shall in no case exceed the amount of the tax due. (b) The assessment of a penalty under this section shall not be deemed a defense to any criminal prosecution for failing to make such return of taxable property as may be required by law. (c) No amendment to this section shall reduce the amount of penalty and interest which has been assessed or was assessable on delinquent taxes prior to the date of such amendment. (d) Pursuant to section 58.1-3916 of the Code of Virginia, as amended, the city treasurer is hereby authorized, for good cause shown which shall be reflected in a written record, to waive the penalty and interest imposed by this section. (e) Pursuant to section 58.1-3916 of the Code of Viroinia, the city treasurer is hereby authorized, for oood cause shown which shall be reflected in a written record, to extend the period of time for a taxpayer to pay real estate taxes. not to exceed ninety (90) days from the due date. If any taxpayer who has been oranted an extension of time for filino his return fails to pay the taxes within the extended time, his case shall be treated the same as if no extension had been oranted. with the penalty and interest beino assessed on the first day followino the day the taxes would have been due absent the extension. I I I I 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day of June, 2008. I I I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 AN ORDINANCE TO AMEND SECTION 17-5 OF THE CITY CODE PERTAINING TO CONCEALMENT OR UNAUTHORIZED REMOVAL OF BOOKS OR OTHER LIBRARY PROPERTY SECTION AMENDED: 9 17-5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 17-5 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Sec. 17-5. Unauthorizod removal of books or other library property. Concealment of book or other property while on premises of library: removal of book or other property from library. Any person who, v.'illfully or 'Nithout authority, removes any book or other property, of a value of less than one hundred dollars ($100.00), from ::my public library, or any of its branches, mobile units or collections, Sh311 be deemed guilty of petit larceny, 'Nhich Sh311 be punishable as a Class 1 misdemeanor. Whoever, without authority. with the intention of convertinq to his own or another's use, willfully conceals a book or other property valued at less than two hundred dollars ($200) from any public library or any of its branches. mobile units or collections, while still on the premises of such library or facility. or willfully or without authority removes any book or other property valued at less than two hundred dollars [$200) from any of the above libraries. facilities. or collections. shall be deemed quilty of petit larceny. which is punishable as set forth in City Code section 23-31. Proof of the willful concealment of such book or other library property while still on the premises of such library or facility shall be prima facie evidence of intent to commit larceny. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 24th day of June, 2008. I I I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 AN ORDINANCE TO AMEND SECTION 23-31 OF THE CITY CODE PERTAINING TO PETIT LARCENY SECTION AMENDED: S 23-31 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 23-31 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Sec. 23-31. Petit larceny. (a) Any person who: (1) Commits larceny from the person of another of money or other thing of value of less than five dollars ($5.00), or (2) Commits simple larceny not from the person of another of goods and chattels of the value of less than two hundred dollars ($200.00), shall be deemed guilty of petit larceny, which shall be punishable as a Class 1 misdemeanor. Upon a second conviction of petit larceny, the court shall order participation in a local alcohol safety action proqram or substance abuse screeninq in accordance with the provisions of Code of Virqinia & 19.2-299.2. (b) Any person convicted of an offense under this section, when it is alleged in the warrant or information on which such person is convicted, and admitted, or found by the jury or judge before whom such person is tried, that such person has been before sentenced in the United States for any offense deemed to be larceny by the law of the sentencing jurisdiction, shall be confined in jail not less than thirty (30) days nor more than twelve (12) months. Be it further ordained that the effective date of this ordinance is July 1, 2008. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 24th day of June, 2008. I I I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 AN ORDINANCE TO AMEND SECTION 38-1 OF THE CITY CODE PERTAINING TO CARRYING CONCEALED WEAPONS SECTION AMENDED: S 38-1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 38-1 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Sec. 38-1. Carrying concealed weapons. (a) If any person carries about his person, hidden from common observation, (i) any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material, (ii) any dirk, bowie knife, switchblade knife, ballistic knife, machete, razor, slingshot, spring stick, metal knucks, or blackjack, (iii) any flailing instrument consisting of two (2) or more rigid parts connected in such a manner as to allow them to swing freely, which instrument may also be known as a nunchuck, nunchanka, nunchalcu, shuriken or fighting chain, (iv) any disc, of whatever configuration, having at least two (2) points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or (v) any weapon of like kind as those enumerated in this section, he shall be guilty of a Class 1 misdemeanor, and such weapon shall be forfeited to the city and may be seized by an officer as forfeited, and such as may be needed for police officers and conservators of the peace shall be devoted to that purpose, and the remainder shall be destroyed by the officer having them in charge. For the purposes of this section, a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature. (b) This section shall not apply to llLany person carrying a concealed weapon in accord with permission granted by a circuit court pursuant to section 18.2-308 of the Code of Virginia; or (ii) any person otherwise authorized to carry a concealed weapon pursuant to section 18.2-308 Virqinia Code. (c) This section shall not apply to: (1) !\ny person while in his ovm place of abode or curtilage thereof; (2) Any law enforcement officer, 'Nhereversuch 131,.'.' enforcoment officer may travel in the commomvealth; (3) Any regularly enrolled member of a target shooting organization who is at, or going to or from, an established shooting range, provided that the weapons are unloaded and securely wrapped while being transported; ,5 ~6 6,1 48 49 50 5'\ 52 53 54 55 56 51 58 59 60 6'\ 62 63 64 65 66 61 68 69 10 1'\ 12 13 14 15 16 11 18 19 80 8'\ 82 83 84 85 86 81 88 89 90 ~ ~. I I I" 91 92 93 94 95 96 97 (e) As used in this section: (1) Spring stick means a spring-loaded metal stick activated by pushing a button which rapidly and forcefully telescopes the weapon several times its original length. (2) Ballistic knife means any knife with a detachable blade that is propelled by a spring-operated mechanism. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 24th day of June, 2008. I I I I - 28 - Item V-J.2. ORDINANCES/RESOLUTIONS ITEM # 57755 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance/Resolution of the Agricultural Reserve Program (ARP): a. AMEND Section 11 of the Agricultural Lands Preservation (ARP) re required findings for repurchases of development rights b. AUTHORIZE and DIRECT the City Manager to execute an intergovernmental agreement between the Virginia Department of Agriculture and Consumer Services re the purchase of Agricultural Reserve Program easements. 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 June 24, 2008 I I I I 1 2 3 4 5 6 7 AN ORDINANCE TO AMEND SECTION 11 OF THE AGRICULTURAL LANDS PRESERVATION ORDINANCE, PERTAINING TO REQUIRED FINDINGS FOR REPURCHASES OF DEVELOPMENT RIGHTS Sections Amended: Ordinance Section 11 Agricultural Lands Preservation 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 11 of the Agricultural Lands Preservation Ordinance (City Code Appendix J) is hereby amended and reordained to read as follows: APPENDIX J. AGRICULTURAL RESERVE PROGRAM Sec. 11. Nature of rights acquired; repurchases; exchanges. (a) No interest in land other than a perpetual agricultural land preservation easement shall be acquired by the city pursuant to the provisions of this Ordinance, and no such interest shall be acquired by the exercise of the power of eminent domain. The acquisition of a preservation easement by the city shall not confer upon the public any right of entry or access, or any other rights, express or implied. (b) The acquisition of a preservation easement by the city shall extinguish the right of the landowner to develop the property for any use other than: (1) An agricultural use, as defined in section 4; and (2) Upon proper subdivision of the property, one (1) single-family dwelling on each building site reserved for such purposes in the preservation easement and accessory uses as allowed by Section 401(b) of the City Zoning Ordinance. Lots so subdivided shall, to the extent possible, contain no more than three (3) acres of land encumbered by the preservation easement. (c) Upon the expiration of twenty-five (25) years from the date on which a preservation easement is recorded, the landowner or successor in interest to the property which is subject to the easement may petition the city council to repurchase the development rights and extinquish the preservation easement on such property. The city council may, by vote of no less than three-fourths of all of its members, and in accordance with all other procedural requirements then governing the sale of municipal I I I I 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 interests in land, authorize the sale of such development rights to the petitioning party at the then-current fair market value of such development rights and upon such terms and conditions as may be fair and reasonable. No such sale shall be authorized, however, unless the city council determines by ordinance that: (1) The sale of such development rights IS essential to the orderly development and growth of the city; aM (2) The preservation easement is no lonqer needed for open-space purposes and the substitution of other real property is not feasible: (2~) The development of the property for nonagricultural uses would not be in conflict with the Comprehensive Plan then in effect; and (4) No state or federal funds were used in connection with the acquisition of the preservation easement that is the subiect of the repurchase petition. (d) In each instmce in which development rights to property are sold by the sHy Where state or federal funds were used bv the city in connection with the acquisition of the preservation easement that is the subiect of the repurchase petition, other preservation easements of (i) at least equal fair market value, (ii) of greater value as permanent open space, and (iii) of as nearly as feasible equivalent usefulness and location for use as permanent open-space land as the property which is the subject of the petition shall be acquired, unless the city council determines by ordinance that: (i) the preservation easement upon the property which is the subject of the petition is no longer needed, (ii) that substitution of other preservation easements is not feasible, and (iii) that no state or federal funds were used in connection with the acquisition of the development rights upon the property which is the subject of the petition. (e) Notwithstanding any other provision of this section, at any time after a preservation easement on a parcel has been acquired, the landowner may petition the city council for the extinguishment of such easement in exchange for the conveyance to the city of a preservation easement on a different portion of the landowner's property meeting all of the eligibility criteria set forth in section 7. The city council shall approve such exchange upon a finding that: (1) The acquisition of the proposed preservation easement in lieu of the existing easement does not adversely affect the City's interests in accomplishing the purposes of this Ordinance; (2) The proposed easement area meets all of the eligibility requirements set forth in section 7 of this Ordinance; and (3) The exchange complies with the requirements of subsection (d). I I I I 90 91 92 93 94 95 96 (f) The consideration for any acquisition of a preservation easement pursuant to subsection (e) shall consist solely of the extinguishment of the existing preservation easement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day of June, 2008. I I I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, ON BEHALF OF THE CITY, AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VIRGINIA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES AND THE CITY OF VIRGINIA BEACH REGARDING THE PURCHASE OF AGRICULTURAL RESERVE PROGRAM EASEMENTS WHEREAS, the City of Virginia Beach adopted the Agricultural Lands Preservation Ordinance in May 1995, thereby establishing a comprehensive program (the "Agricultural Reserve Program") for the preservation of agricultural lands within the City; and WHEREAS, since its inception of the Agricultural Reserve Program, approximately 7,347 acres of land have been placed under easements restricting development of the land to agricultural uses; and WHEREAS, the General Assembly, by Chapter 847 of the 2007 Acts of Assembly, has appropriated $4.25 million to the Virginia Department of Agriculture and Consumer Services ("VDACS") for the establishment of a state fund to match local governmental purchases of development rights program funds for the preservation of working farms and forest lands; and WHEREAS, Section 3.1-18.10 of the Code of Virginia authorizes VDACS' Office of Farmland Preservation to develop methods and sources of revenue for allocating funds to localities to purchase agricultural conservation easements; and WHEREAS, VDACS has determined that the City of Virginia Beach is eligible to receive contributions of funds from VDACS in reimbursement for certain costs the City of Virginia Beach incurs in the course of purchasing Agricultural Reserve Program easements; and WHEREAS, the City and VDACS desire to enter into an agreement pursuant to which VDACS will reimburse the City for certain costs incurred by the City in the course of purchasing ARP easements, up to a cumulative maximum amount of $403,219.75, for a period of two (2) years from the date of the agreement; and WHEREAS, the complete agreement between the City and VDACS is set forth in that certain document entitled "INTERGOVERNMENTAL AGREEMENT Between Virginia Department of Agriculture and Consumer Services and The City of Virginia Beach," dated June 24, 2008, a true copy of which agreement is on file in the City Clerk's Office; and WHEREAS, a Summary of Material Terms of the said agreement is appended hereto; and I I I I 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 WHEREAS, the City Council finds that the terms of the said agreement are fair and reasonable and would be of significant benefit to the City and its citizens by providing an additional source of funds for the purchase of Agricultural Reserve Program easements; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: That the City Manager is hereby authorized and directed to execute the aforesaid agreement on behalf of the City and to take such measures as are necessary or advisable to implement such agreement according to its terms. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: That the City Council hereby expresses its appreciation to the Governor, the General Assembly and the Virginia Department of Agriculture and Consumer Services for their continued commitment to the preservation of agriculture within the Commonwealth and the City. Adopted by the Council of the City of Virginia Beach, Virginia on the 24th day of ,Tllnp , 2008. Approved as to Legal Sufficiency: CA-10785 June 6, 2008 R-1 2 I I I I Intergovernmental Agreement between Virginia Department of Agriculture and Consumer Services and The City of Virginia Beach Summary of Material Terms Background: City of Virginia Beach is eligible to receive $403,219.75 in State funds to purchase agricultural preservation easements through the City's Agricultural Reserve Program (ARP) Parties: The City of Virginia Beach and the Virginia Department of Agriculture and Consumer Services (VDACS). VDACS Responsibilities: VDACS will reimburse the City for certain costs of purchasing ARP easements. The maximum amount over the next two years is $403,219.75. Reimbursable costs include: . the purchase price of any Treasury STRIPS acquired to fund the purchase price of the conservation easement; . cost of title insurance; . cost of one appraisal; . one physical survey; . reasonable attorney's fees; . cost of public notices Note: Other costs are reimbursable but are not incurred by the City in the course of ARP transactions as presently structured Maximum reimbursement for a single purchase is equal to 50% of sum of the purchase price of the easement and reimbursable costs, excluding costs of STRIPS. City of Virginia Beach Responsibilities: . Utilize state funds to further protect working agricultural lands by purchasing development rights. I I I I . Submit a progress report each year that the agreement is effective or a subsequent agreement is in effect to (i) describe any prospective properties and the status of any negotiations, (ii) estimate the timeframes that agreements could possibly be executed, (iii) maintain a public outreach program designed to educate various stakeholders, (iv) develop and maintain a monitoring program, and (v) continually evaluate the effectiveness of the program. . If City sells development rights back to the property owner, City must reimburse VDACS in an amount proportional to VDACS' contribution toward the total reimbursable cost of acquiring the ARP easement. Cost: . No associated costs are incurred by the City Duration and Termination: . Initial term is two years from the date of the agreement or June 24, 2010. . City may be recertified as eligible for future funding, but not guaranteed. . The agreement may be terminated if the City fails to perform any of its obligations under the terms of this agreement. . If the City fails to allocate the spending of the funds within the two year time period, monies will then be redistributed to other PDR programs. 2 I I I ,I - 29- Item V-J.3. ORDINANCES/RESOLUTIONS ITEM # 57756 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinances to REPEAL the City Code: a. Section 3-6 of the City Code re operation of Vehicles for Display, Announcements or Advertisements b. Section 23-45.1 re unlawful filming, videotaping or photographing of another. 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 June 24, 2008 I I I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 AN ORDINANCE TO REPEAL SECTION 3-6 OF THE CITY CODE PERTAINING TO THE OPERATION OF VEHICLES FOR DISPLAY OR ANNOUNCEMENTS OR ADVERTISEMENTS Section Repealed: S 3-6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINA BEACH, VIRGINIA: That Section 3-6 of the City Zoning Ordinance is hereby repealed and reordained to read as follows: Chapter 3. ADVERTISING ARTICLE I. IN GENERAL Sec. 3-6. Operation of vehicle f-or display or announcements or ad':ertisements. (Reserved) (a) No person shall drive or operate, on the streets of the city, any truck, van, wagon or other vehicle for the purpose of displaying any announcement or advertisement. (b) This section shall not apply to business notices upon ordinary business trucks, vans, wagons or other vehicles, so long as such '.'ehicles are engaged in the usual business or regular 'Nork of the owner and not used merely or mainly for advertising. (c) A violation of this section shall constitute a Class 3 misdemeanor. Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day of June, 2008. I I I I 1 AN ORDINANCE TO REPEAL SECTION 23- 2 45.1 OF THE CITY CODE PERTAINING TO 3 UNLAWFUL FILMING, VIDEOTAPING OR 4 PHOTOGRAPHING OF ANOTHER 5 6 SECTION REPEALED: ~ 23-45.1 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 23-45.1 of the Code of the City of Virginia Beach, Virginia, is hereby 12 repealed: 13 14 Soc. 23 45.1. Unla~'.'ful filming, videotaping or photographing of another. 15 16 (a) It shall be unlavflul for any person to knowingly and intentionally 17 videotape, photograph or film any nonconsenting person eighteen (18) years of age or 18 older or create any '.'ideographic or still image record by any means v:hatsoe'ler of the 19 non consenting person eighteen (18) years of age or older if (i) that person is totally 20 nude, clad in undergarments, or in a state of undress so as to expose the genitals, 21 pubic area, buttocks or female breast in a restroom, dressing room, locker room, hotel 22 room, motel room, tanning booth, bedroom or other location; or (ii) the videotape, 23 photograph, film or videographic or still image record is created by placing the lens or 24 image gathering component of the recording device in a position directly beneath or 25 bet\~.'een a person's legs for the purpose of capturing an image of the person's intimate 26 parts or undergarments cO'.tering those intimate parts when the intimate parts or 27 undergarments '!.'ould not otherwise be visible to the general public; and the 28 circumstances set f-orth in clause (i) and (ii) are otherwise such that the person being 29 videotaped, photographed, filmed or otherv:ise recorded would have a reasonable 30 expectation of privacy. 31 32 (b) This section shall not apply to filming, videotaping or photographing or 33 other still im3ge or videographic recording by (i) law enforcement officers pursuant to a 34 crimin31 investigation 'A'hich is otherwise lawful or (ii) correctional officials and local or 35 regional jail officials for security purposes or f-or investigations of alleged misconduct 36 involving a person committed to the department of corrections or to a local or regional 37 jail, or to any sound recording of an oral conversation made as a result of any 38 videotaping or filming pursuant to chapter 6 (9 19.2 61 et seq.) of title 19.2 of the Code 39 of Virginia. 40 41 (c) /\ violation of subsection (a) shall be punishable as a Class 1 42 misdemeanor. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 24th day of June, 2008. I I II - 30 - Item V-J.4.a.b. ORDINANCES/RESOLUTIONS ITEM # 57757 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinances re GASB45: a. ESTABLISH and PARTICIPATE in a Trustfor other post- employment benefits re Virginia Pooled OP EB b. APPROPRIATE $2, 000, OOOfrom thefund balance of the General Fund and TRANSFER $3,000,000 from dedicated Reserve for Contingencies to comply with the Retiree health liability The Local Finance Board, as defined in the Agreement, shall be: City of Virginia Beach Patricia Phillips - Director of the Finance Department John T. Atkinson - City Treasurer Jim Flinchum - Citizen Member Term of two (2) years 06/24/08 to 07/31/10 Virginia Beach City School Board Farrell E. Hanzaker - Chief Financial Officer Edward Fissinger - Citizen Member Term of two (2) years 06/24/08 to 07/31/10 Voting: J J -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 June 24, 2008 I I I I 1 AN ORDINANCE TO ADOPT A TRUST FOR 2 OTHER POST-EMPLOYMENT BENEFITS 3 4 WHEREAS, Section 15.2-1500 of the Virginia Code provides, in part, that every 5 locality shall provide for all the governmental functions of the locality, including the 6 employment of the officers and other employees needed to carry out the functions of 7 government; and 8 9 WHEREAS, in connection with the employment of the officers and other 10 employees, the City of Virginia Beach has established certain plans to provide post- 11 employment benefits other than pensions (herein "Other Post-Employment Benefits"), 12 as defined in Section 15.2-1545 of the Virginia Code, to certain retirees and their 13 spouses and eligible dependents; and 14 15 WHEREAS, Article 8, Chapter 15, Subtitle II of Title 15.2 of the Virginia Code 16 (99 15.2-1544 et seq.) provides that the governing body of a city may establish a trust 17 for the purpose of accumulating and investing assets to fund Other Post-Employment 18 Benefits; and 19 20 WHEREAS, Section 15.2-1300 of the Virginia Code provides that any power, 21 privilege or authority exercised or capable of exercise by any political subdivision of the 22 Commonwealth of Virginia may be exercised and enjoyed jointly with any other political 23 subdivision of the Commonwealth having a similar power, privilege or authority pursuant 24 to agreements with one another for joint action pursuant to the provisions of that 25 section; and 26 27 WHEREAS, any two or more political subdivisions may enter into agreements 28 with one another for joint action pursuant to the provisions of Section 15.2-1300 of the 29 Virginia Code provided that the participating political subdivisions shall approve such ~~O agreement before the agreement may enter into force; and 31 32 WHEREAS, the County of Fairfax, Virginia and the County of Henrico, Virginia 33 have determined to jointly establish and participate in the Virginia Pooled OPEB Trust 34 Fund (the "Trust Fund"); and 35 36 WHEREAS, it appearing to the Council of the City of Virginia Beach that it is in 37 the best interests of the City to become a participating employer in the Trust Fund. 38 39 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 40 VIRGINIA BEACH, VIRGINIA THAT: 41 42 1. That the City does hereby establish a trust pursuant to Section 15.2-1544 43 of the Virginia Code for the purpose of accumulating and investing assets to fund Other 44 Post-Employment Benefits, in the form set forth in the Virginia Pooled OPEB Trust Fund 45 Agreement (the "Agreement"), a copy of which is attached here as Exhibit A. 46 I I I I 47 2. That the City does hereby agree to become a "Participating Employer" in 48 the "Virginia Pooled OPEB Trust Fund" (hereinafter, the "Trust Fund"), as further 49 defined in the Agreement. 50 51 3. That in accordance with Section 15.2-1547 of the Virginia Code, City 52 Council does hereby appoint the following individuals to the local finance board to serve 53 as the trustee of the City with respect to the Trust Fund, and as the "Local Finance 54 Board" as defined in the Agreement: 55 56 The Director of the Finance Department; 57 The City Treasurer; and 58 Jim Flinchum, a citizen member who is hereby appointed for a term of two years 59 that shall begin upon adoption of this ordinance. 60 61 4. That the City does hereby accept the request of the School Board of the 62 City of Virginia Beach to join the City's Local Finance Board and hereby appoints the 63 following two additional members to the Local Finance Board: 64 65 The Chief Financial Officer of Virginia Beach City Public Schools; and 66 Ed Fissinger, a citizen member who shall represent the Virginia Beach City 67 Public Schools and who is hereby appointed for a term of two years that shall begin 68 upon adoption of this ordinance. 69 70 5. That the City does hereby direct the Local Finance Board to execute and 71 deliver the Trust Joinder Agreement for Participating Employers under Virginia Pooled 72 OPEB Trust Fund ("Trust Joinder Agreement"), a copy of which is attached hereto as 73 Exhibit B. 74 75 6. That the City does hereby designate as "Other Post-Employment Benefits" 76 the health care benefits provided to certain retirees, as designated in separate 77 ordinances or resolutions that have been and will be adopted by City Council, as well as 78 the health care benefits for the spouse and eligible dependents of those retirees, to the 79 extent that such coverage is authorized by separate ordinances or resolutions that have 80 been adopted, or will be adopted, by City Council. 81 82 7. That in accordance with Section 15.2-1544 of the Virginia Code, the extent 83 of Other Post-Employment Benefits offered by the City, as well as eligibility criteria for 84 those benefits, is dependent upon appropriations and is determined as part of the 85 annual budget process, and thus the extent of such benefits, as well as the eligibility 86 criteria for the benefits, are subject to change. 87 88 8. This ordinance shall be in force and effect immediately upon its adoption 89 or passage. 90 91 Adopted by the City Council of the City of Virginia Beach, Virginia on this 24th 92 day of June ' 2008. I I APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~r cb. ~ /If ~CeDe~~ CA10728 R-7 June 18, 2008 I I I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 AN ORDINANCE TO APPROPRIATE $2,000,000 FROM THE FUND BALANCE OF THE GENERAL FUND AND TRANSFER $3,000,000 FROM DEDICATED RESERVE FOR CONTINGENCIES FOR GASB45 TO COMPLY WITH THE GASB45 RETIREE HEALTH LIABILITY WHEREAS, the City of Virginia Beach is required to provide an annual payment under the GASB45 ruling to actuarially fund the long-term health insurance commitment to retirees. This annual amount is actuarially determined at least every two years, but at the City Council's direction will be done every year; and WHEREAS, for FY 2007-08, the actuarially required contribution for the City is $5,000,000, and the City is funding this amount by providing $2,000,000 from Fund Balance of the General Fund and $3,000,000 from a Dedicated Reserve for Contingencies for GASB45. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $2,000,000 from the Fund Balance of the General Fund is hereby appropriated and $3,000,000 from the Dedicated Reserve for Contingencies for GASB45 is hereby transferred to the FY 2007-08 Non-Departmental Operating Budget to fund the annual required contribution for the long-term health insurance commitment to retirees. 2. That the above $5,000,000 required payment shall be remitted to the VACoNML Pooled Trust Fund by June 30, 2008. Adopted by the Council of the City of Virginia Beach, Virginia on the 24th day of .Tllnp , 2008. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: }jo;~Q. Management Services ~~c CA10711 R-1 May 20, 2008 I I I I VIRGINIA POOLED OPEB TRUST FUND AGREEMENT THIS AGREEMENT (the "Agreement"), made by and between the Participating Employers and their Local Finance Boards who execute Trust Joinder Agreements to participate in the Virginia Pooled OPEB Trust Fund, and the individuals named as Trustees pursuant to Section 106 hereof and their successors (the "Board of Trustees"). The Participating Employers and their Local Finance Boards hereby establish with the Board of Trustees, and the Board of Trustees hereby accept, under the terms of this Agreement, a trust for the purpose of accumulating and investing assets to fund post-employment benefits other than pensions as provided in Article 8, Chapter 15, Subtitle II of Title 15.2 of the Virginia Code (SS 15.2-1544 et seq.) to be held for the purposes set forth herein. WITNESSETH: WHEREAS, Section 15.2-1500 of the Virginia Code provides, in part, that every locality shall provide for all the governmental functions of the locality, including, without limitation, the organization of all departments, offices, boards, commissions and agencies of government, and the organizational structure thereof, which are necessary and the employment of the officers and other employees needed to carry out the functions of government; and WHEREAS, in connection with the employment of the officers and other employees needed to carry out the functions of government, a locality may establish certain plans to provide post-employment benefits other than pensions (referred to hereinafter as "Other Post- Employment Benefits"), as defined in Section 15.2-1545 of the Virginia Code, to individuals who have terminated their service to the 10caIity and to the dependents of such individuals; and WHEREAS, Article 8, Chapter 15, Subtitle II of Title 15.2 of the Virginia Code (SS 15.2-1544 et seq.) provides that the governing body ofa city, county, or town, school district or the governing body of any other political subdivision that is appointed by a city, county, or town, if so authorized, may establish a trust, trusts, or equivalent arrangements for the purpose of accumulating and investing assets to fund Other Post-Employment Benefits; and WHEREAS, Section 15.2-1300 of the Virginia Code provides that any power, privilege or authority exercised or capable of exercise by any political subdivision of the Commonwealth of Virginia may be exercised and enjoyed jointly with any other political subdivision of the Commonwealth having a similar power, priviIege or authority pursuant to agreements with one another for joint action pursuant to the provisions of that section; and WHEREAS, the County of Fairfax and the County of Henrico have adopted ordinances approving participation in the Virginia Pooled OPEB Trust Fund for each such locality; and WHEREAS, the Participating Employers and their Local Finance Boards and the Board of Trustees of the Virginia Pooled OPEB Trust Fund (herein referred to as the "Trust Fund") I I I I hereby establish a trust for the purpose of accumulating and investing assets to fund Other Post- Employment Benefits for Participating Employers; and WHEREAS, the parties intend that the Trust Fund hereby established, when taken together with the plans providing Other Post-Employment Benefits, shall constitute a "voluntary employees' beneficiary association" under Section 501(c)(9) and a tax-exempt governmental trust under Section 115 of the Internal Revenue Code of 1986, as amended; NOW, THEREFORE, the parties hereto mutually agree as follows: PART 1- GENERAL PROVISIONS Section 100. APPLICATION. The provisions of Part 1 are general administrative provisions applicable to each Part of this Agreement and provisions applicable to the Board of Trustees. Section 101. DEFINITIONS. The following definitions shall apply to this Agreement, unless the context of the term indicates otherwise, and shall govern the interpretation of this Agreement: A. Administrator. The term "Administrator" means the Virginia Local Government Finance Corporation (d/b/a "VMLN ACo Finance Program") or any successor designated by the Board of Trustees, with the consent of the Virginia Association of Counties and Virginia Municipal League, to administer the Trust Fund. B. Beneficiary. The term "Beneficiary" means a person designated by an Employee, in accordance with the terms of a Plan, to be entitled to benefits under such Plan, and where the context requires, includes a dependent of the Employee. C. Code. The term "Code" means the Internal Revenue Code of 1986, as amended, and, as relevant in context, the Internal Revenue Code of 1954, as amended. D. Custodian. The term "Custodian" means the banks, mutual funds, insurance companies or other qualified entities selected by the Board of Trustees, under a separate written document with each, to hold the assets of the Trust Fund. E. Effective Date. The term "Effective Date" means the date coinciding with the last to occur of each of the following events: (i) passage of an ordinance by each of the Counties of Fairfax and Henrico approving such Counties as Participating Employers in the Trust Fund; (ii) execution by the Local Finance Boards of the Counties of Fairfax and Henrico of the Trust Joinder Agreement; (iii) execution of this Agreement by all members of the initial Board of Trustees and the Administrator; and (iv) any contribution of cash to the Trust by a Participating Employer. 2 I I F. EmpIoyee. The term "Employee" means the employees and officials, if applicable, of an Employer, and where the context requires, includes former Employees who have terminated service with an Employer. G. Emplover. The term "Employer" means (i) the governing body of any county, city, or town within the State, (ii) the governing body of any other political subdivision within the State authorized to establish a trust under Section 15.2-1544 of the Virginia Code by the governing body of any county, city, or town that appointed in whole or in part such governing body, or (iii) any appointed or elected schoo I board within the State. H. Fiscal Year. The fIrst fIscal year of the Trust Fund shall be a short fIscal year beginning on the Effective Date of this Agreement and ending on June 30, 2008. Each subsequent fIscaI year of the Trust Fund shall begin on the fIrst day of July and end on the thirtieth day of June. I. Investment Policy. The term "Investment PoIicy" means the Virginia Pooled OPEB Trust Fund Investment Policy, as established by the Board of Trustees, as amended from time to time. J. Local Finance Board. The term "Local Finance Board" means the fInance board, or any retirement board or deferred compensation board appointed by the governing body of a Participating Employer to serve as the trustee of such Participating EmpIoyer with respect to the Trust Fund, in accordance with Section 15.2-1547 of the Virginia Code, by execution of the Trust Joinder Agreement. Each Local Finance Board shall be the trustee and representative of its Participating Employer for purposes of this Agreement and shall vote the benefIcial interest of such Participating Employer in the Trust Fund, as prescribed in Part 3 of this Agreement. K. Other Post-Employment BenefIts. The term "Other Post-Employment BenefIts" means any and all post-employment benefIts other than pensions, including but not limited to medical, dental, vision, disability and life insurance which may be provided to Employees and BenefIciaries, as may be provided under Plans of Participating Employers. L. Participating Employer. The term "Participating Employer" means an Employer whose governing body has passed an ordinance or resolution to participate in the Trust Fund, and whose LocaI Finance Board, serving as the trustee of such Employer in accordance with Section 15.2-1547 of the Virginia Code, executes a Trust Joinder Agreement, as provided in Section 301 hereof. M. Plan. The term "Plan" means the plan or plans established to provide Other Post-EmpIoyment BenefIts, which are maintained by Participating Employers pursuant to any applicable statute, regulation, ordinance, resolution, plan, program, policy, agreement, understanding or other arrangement for the benefIt of Employees and their BenefIciaries. N. State. The term "State" means the Commonwealth of Virginia. 3 I I I I O. Trust Fund. The term "Trust Fund" means the Virginia Pooled OPEB Trust Fund, comprised of all of the assets set aside hereunder for the purpose of accumuIating and investing assets to fund Other Post-EmpIoyment Benefits. P. Trust Joinder Agreement. The term "Trust Joinder Agreement" means the agreement, in the form attached hereto as Exhibit A, pursuant to which the Local Finance Board joins in the Trust Fund, as the trustee of such Participating Employer, and agrees to be bound by the terms and conditions of the Virginia Pooled OPEB Trust Fund Agreement, as provided in Section 301 hereof. Q. Trustees. The term "Trustees" means the individuals who serve on the Board of Trustees of the Trust Fund pursuant to Section 106 hereof and their successors. R. Virginia Code. The term "Virginia Code" means the laws embraced in the titles, chapters, articles and sections designated and cited as the "Code of Virginia," under the laws of the State. Section 102. GENERAL DUTIES AND MEETINGS OF THE BOARD OF TRUSTEES. A. GeneraI Duties. The Board of Trustees and each Investment Manager appointed pursuant to this Agreement shall discharge their respective duties under this Agreement solely in the interest of EmpIoyees and Beneficiaries of the Participating Employers and: (i) except as otherwise provided by any applicable provision of any statute, regulation, ordinance, or resolution, for the exclusive purpose of providing Other Post-Employment Benefits to Employees and Beneficiaries of Participating Employers and defraying the reasonabIe expenses of administering the Trust Fund; (ii) with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of like character and with the same aims; and (iii) by diversifying the investments of the Trust Fund so as to minimize the risk of large losses unless under the circumstances, it is clearly prudent not to do so. However, the duties and obIigations of the Board of Trustees and each Investment Manager, respectively, as such, shall be limited to those expressly imposed upon them, respectively, by this Agreement notwithstanding any reference herein to the Plans. The Board of Trustees shall administer the Trust Fund in compliance with Code Section 503(b). 1. Authority of the Trustees. The Trustees shall have the power and authority and shall be charged with the duty of generaI supervision and operation of the Trust Fund, and shall conduct the business and activities of the Trust Fund in accordance with this Agreement, the Trust Joinder Agreements, byIaws, rules and regulations adopted by the Board of Trustees and applicable law. 2. Trustees' Liabilities. No Trustee shall be liable for any action taken pursuant to this Agreement in good faith or for an omission except bad faith or gross negligence, or for any act of omission or commission by any other Trustee. The Trustees are hereby authorized and empowered to obtain, at the expense of the Trust Fund, liability insurance fully protecting the respective Trustees, the Administrator, and the 4 I I I I Trust Fund from any loss or expense incurred, including reasonable attorney's fees, for all acts of the Trustees except bad faith or gross negligence. The Trust Fund shall save, hold harmless and indemnify the Trustees and Administrator from any loss, damage or expense incurred by said persons or entities while acting in their official capacity excepting bad faith or gross negIigence. 3. Standard of Review. In evaluating the performance of the Trustees, compIiance by the Trustees with this Agreement must be determined in light of the facts and circumstances existing at the time of the Trustees' decision or action and not by hindsight. 4. Limitations on Liabilities. The Trustees' responsibilities and liabilities shall be subject to the following limitations: (a) The Trustees shall have no duties other than those expressly set forth in this Agreement and those imposed on the Trustees by applicable laws. (b) The Trustees shall be responsible onIy for money actually received by the Trustees, and then to the extent described in this Agreement. The Trustees shall not be under any duty to require payment of any contribution to the Trust Fund or to see that any payment made to them is computed in accordance with the provisions of the PIans. (c) The Trustees shall not be responsible for the correctness of any determination of payments or disbursements from the Trust Fund. (d) The Trustees shall have no liability for the acts or omissions of any predecessor or successor in office. (e) The Trustees shall have no liability for (i) the acts or omissions of any Investment Advisor or Advisors, or Investment Manager or Managers; (ii) the acts or omissions of any insurance company; (iii) the acts or omissions of any mutual fund; or (iv) following directions that are given to the Trustees by the Local Finance Board in accordance with this Agreement. B. ReIiance on Counsel. The Board of Trustees may employ, retain or consult with legal counsel, who may be counsel for the Administrator, concerning any questions which may arise with reference to the duties and powers or with reference to any other matter pertaining to this Agreement; and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by the Trustees in good faith in accordance with the opinion of such counsel, and the Trustees shall not be individually or collectively liabIe therefor. C. Meetings. The Board of Trustees shall meet at least quarterly, and more frequently if called, at the principal office of the Trust Fund or at such other location as may be acceptable to a majority of the Trustees. One such quarterly meeting of the Board of Trustees 5 I I shall be held as soon as practicable after the adjournment of the annual meeting of Local Finance Boards of Participating Employers at such time and place as the Board of Trustees may designate. Other meetings of the Board of Trustees shall be held at places within the Commonwealth of Virginia and at times fixed by resolution of the Board of Trustees, or upon call of the Chairperson of the Board or a majority of the Trustees, on not less than ten (10) days advance notice. Such notice shall be directed to the Trustees by mail to the respective addresses of the Trustees as recorded in the office of the Trust Fund. The notice of any special meetings of the Board of Trustees shall state the purpose of the meeting. A majority of the number of Trustees elected and serving at the time of any meeting shall constitute a quorum for the transaction of business. The act of a majority of Trustees present at a meeting at which a quorum is present shall be the act of the Board of Trustees. Less than a quorum may adjourn any meeting. D. Office of the Trust Fund. The Administrator shall establish, maintain and provide adequate funding for an office for the administration of the Trust Fund. The address of such office is to be made known to the parties interested in or participating in the Trust Fund and to the appropriate governmentaI agencies. The books and records pertaining to the Trust Fund and its administration shall be kept and maintained at the office of the Trust Fund. E. Execution of Documents. A certificate signed by a person designated by the Board of Trustees to serve as Secretary shall be evidence of the action of the Trustees, and any such certificate or other instrument so signed shall be kept and maintained at the office of the Trust Fund and may be relied upon as an action of the Trustees. F. Appointment of Administrator. The Virginia LocaI Government Finance Corporation is hereby designated the Administrator. The Board of Trustees may designate any successor Administrator only with the consent of the boards of the Virginia Association of Counties and the Virginia Municipal League and shall provide compensation for the Administrator to administer the affairs of the Trust Fund. G. Duty to Furnish Information. The Local Finance Boards and the Board of Trustees shall furnish to each other any document, report, return, statement or other information that the other reasonably deems necessary to perform duties imposed under this Agreement or otherwise imposed by Iaw. H. Reliance on Communications. The Board of Trustees may rely upon a certification of a Local Finance Board with respect to any instruction, direction, or approval of its Participating Employer and may continue to rely upon such certification until a subsequent certification is fiIed with the Trustees. The Trustees shall have no duty to make any investigation or inquiry as to any statement contained in any such writing but may accept the same as fully authorized by the Local Finance Board and its Participating Employer. 6 I I I I Section 103. ADMINISTRATIVE POWERS AND DUTIES. A. Trustees. The Board of Trustees, in addition to all powers and authorities under common law or statutory authority, including Article 8, Chapter 15, Subtitle II of Title 15.2 of the Virginia Code (SS 15.2-1544 et seq.), shall have and in its sole and absolute discretion may exercise from time to time and at any time, either through its own actions, delegation to the Administrator, or through a Custodian selected by the Board of Trustees, the following administrative powers and authority with respect to the Trust Fund: 1. To receive for the purposes hereof all cash contributions paid to them by or at the direction of the Participating Employers or their Local Finance Boards. 2. To hold, invest, reinvest, manage, administer and distribute cash baIances as shall be transferred to the Trustees from time to time by the Participating Employers or their Local Finance Boards and the increments, proceeds, earnings and income thereof for the exclusive benefit of Employees and Beneficiaries under the Plans of each Participating Employer. 3. To continue to hoId any property of the Trust Fund that becomes otherwise unsuitable for investment for as long as the Board of Trustees in its discretion deem desirable; to reserve from investment and keep unproductive of income, without Iiability for interest, cash temporarily awaiting investment and such cash as it deems advisable, or as the Administrator from time to time may specify, in order to meet the administrative expenses of the Trust Fund or anticipated distributions therefrom. 4. To hold property of the Trust Fund in the name of the Trust Fund or in the name of a nominee or nominees, without disclosure of the trust, or in bearer form so that it will pass by delivery, but no such holding shall reIieve the Board of Trustees of its responsibility for the safe custody and disposition of the Trust Fund in accordance with the provisions of this Agreement; the books and records of the Board of Trustees shall show at all times that such property is part of the Trust Fund and the Board of Trustees shall be absolutely liable for any loss occasioned by the acts of its nominee or nominees with respect to securities registered in the name of the nominee or nominees. 5. To empIoy in the management of the Trust Fund suitable agents, without liabiIity for any loss occasioned by any such agents, selected with the care, skill, prudence and diIigence under the circumstances then prevailing that a prudent person acting in a Iike capacity and familiar with such matters wouId use in the conduct of an enterprise of a like character and with the same aims. 6. To make, execute and deIiver, as trustee, any deeds, conveyances, leases, mortgages, contracts, waivers or other instruments in writing that it may deem necessary or desirable in the exercise of its powers under this Agreement. 7. To do all other acts that it may deem necessary or proper to carry out any of the powers set forth in this Section 103 or Section 202, to administer or carry out the 7 , I I purposes of the Trust Fund, or as otherwise is in the best interests of the Trust Fund; provided, however, the Board of Trustees need not take any action unless in its opinion there are sufficient Trust Fund assets avaiIable for the expense thereof. 8. To adopt bylaws governing the Trustees' operations and procedures. 9. To contract with municipal corporations, political subdivisions and other public entities of State or of local government and private entities for the provision of Trust Fund services and for the use or furnishing of services and facilities necessary, usefuI, or incident to providing Trust Fund services. 10. To advise the Administrator on the establishment of expectations with regard to the provision of administrative services and the establishment of appropriate fee levels. 11. To establish and charge fees for participation in the Trust Fund and for additional administrative services provided to a Participating Employer in addition to any fees charged by other administrative service providers. 12. To collect and disburse all funds due or payable from the Trust Fund, under the terms of this Agreement. 13. To provide for and promuIgate all rules, reguIations, and forms deemed necessary or desirable in contracting with Local Finance Boards and their Participating Employers, in fulfilling the Trustees' purposes of providing Other Post-Employment Benefits through the Trust Fund, and in maintaining proper records and accounts. 14. To employ insurance companies, banks, trust companies, investment brokers, investment advisors, or others as agents for the receipt and disbursement of funds held in trust for Participating Employers. 15. To determine, consistent with the appIicable law and the procedures under the Trust Fund, all questions of law or fact that may arise as to investments and the rights of any Participating Employer to assets of the Trust Fund. 16. Subject to and consistent with the Code and the Virginia Code, to construe and interpret the Trust Agreement and to correct any defect, supply any omissions, or reconcile any inconsistency in the Agreement. 17. products. To contract for, purchase or otherwise procure insurance and investment B. Administrator. Pursuant to an administrative services agreement between the Board of Trustees and the Administrator, the Administrator shall have the power and authority to implement policy and procedural matters as directed by the Board of Trustees as they relate to 8 I I I I the ongoing operation and supervision of the Trust Fund and the provisions of this Agreement and applicable law. Section 104. TAXES, EXPENSES AND COMPENSATION OF TRUSTEES. A. Taxes. The Administrator, without direction from the Board of Trustees, shall payout of the Trust Fund all taxes, if any, imposed or levied with respect to the Trust Fund, or any part thereof, under appIicable law, and, in its discretion, may contest the validity or amount of any tax, assessment, claim or demand respecting the Trust Fund or any part thereof. B. Expenses and Compensation. The Board of Trustees is authorized to set aside from Participating EmpIoyer contributions received and the investment income earned thereon a reasonable sum for the operating expenses and administrative expenses of the Trust Fund. All remaining funds coming into the Trust shall be set aside, managed and used only for the payment of Other Post-Employment Benefits. By resolution of the Board of Trustees, Trustees may be provided a reasonable per diem fee and/or reimbursement for expenses for attendance at all meetings. Notwithstanding the preceding sentence, any person employed by a public body, including elected officials or appointed members of governing bodies of a county, city or town or other political subdivision, shall not be eligible to receive fees for services as Trustee from the Trust Fund other than reimbursement for reasonabIe expenses incurred in connection with his or her responsibiIities as a Trustee. C. Payment of Expenses. The Board of Trustees may use and apply assets in the Trust Fund to payor provide for the payment of all reasonable and necessary expenses which may be incurred in connection with the establishment and maintenance of the Trust Fund, including but not limited to, the employment of such administrative, legal, accounting, and other expert and clerical assistance, and the purchase or lease of such materials, supplies and equipment as the Trustees, in its discretion, may deem necessary or appropriate in the performance of its duties, or the duties of the agents or employees of the Trust Fund or the Trustees. Section 105. COMMUNICATIONS. Until notice is given to the contrary, communication to the Trustees or to the Administrator shall be sent to them at the Trust Fund's office in care of the Administrator. The Administrator's address is VMLN ACo Finance Program at 1108 E. Main Street, Suite 801, Richmond, VA 23219. Section 106. APPOINTMENT, RESIGNATION OR REMOVAL OF TRUSTEES. A. Trustees. Except as otherwise provided for the initial group of Trustees and in subsections B.2 and E of this section, the Trustees shall be selected from the members of Local Finance Boards. Notwithstanding any other provision of this Agreement, no more than one 9 I I I I member of the Local Finance Board of any particular Participating Employer shall be eligible to sit on the Board of Trustees at one time. B. Appointment of Trustees and Length of Appointment. The number of Trustees serving on the Board of Trustees shall be between five (5) and nine (9). The actual number of Trustees may be increased or decreased from time to time within this range by the Board of Trustees by resolution of the Board of Trustees. Only the Local Finance Boards, by vote taken in accordance with Section 307 hereof, may increase or decrease the range in the number of Trustees. No decrease in number shall have the effect of shortening the term of any incumbent Trustee. 1. The initiaI group of Trustees shall be an interim group of five (5) Trustees to establish the Trust Fund as follows: (a) one (1) individual selected by the LocaI Finance Board of the County of Fairfax from among its members, (b) one (1) individual selected by the Local Finance Board of the County of Henrico from among its members, and (c) three (3) individuals designated by agreement of the Virginia Association of Counties ("V ACo") and the Virginia Municipal League ("VML"). With the first annual meeting of the LocaI Finance Boards, the Board of Trustees shall be divided into no fewer than two classes, CIass A (which includes representatives of the Local Finance Boards of the two founding Participating Employers until the annual meeting of the LocaI Finance Boards for the Fiscal Year ending June 30, 2015 (the "Fiscal Year 2015 annual meeting")) and Class B (which includes the Trustees selected by VML and V ACo until the first annual meeting of Local Finance Boards for the Fiscal Year ending June 30, 2009 (the "Fiscal Year 2009 annuaI meeting")). An additional CIass C with two seats may be created by the Board of Trustees prior to any annual meeting, but only if there are at Ieast seven totaI Participating Employers. Provided there are at least nine total Participating Employers, the Board of Trustees may create a nine-member Board of Trustees, in which case one additional seat shall be allocated to Class A and one additional seat to Class C. 2. On or after July 1, 2008, the Trustees shall solicit nominations from the Local Finance Boards for open Trusteeships and such nominees shall constitute the candidates for the election of Trustees by vote at the Fiscal Year 2009 annual meeting of the Local Finance Boards as provided in Section 307. In the event that there are not a sufficient number of eligible nominees, nominations will be provided by the Executive Directors of the Virginia Association of Counties and the Virginia Municipal League from among the members of any LocaI Finance Board, IocaI government officials or local government empIoyees. The initiaI group of Trustees described in B.l(a) and (b) above shall be classified as Class A Trustees and shall serve until the Fiscal Year 2012 annual meeting of the Local Finance Boards and for one three-year term thereafter until successor Trustees are elected at the Fiscal Year 2015 annual meeting of the Local Finance Boards, in accordance with Section 106E below, from the pool of nominees selected by all Local Finance Boards. If an additional Class A Trustee seat is created for a non-founding 10 , I I Participating Employer's Local Finance Board before the Fiscal Year 2011 annual meeting, that seat will expire at the FiscaI Year 2012 annual meeting. If such an additional Class A board seat is created subsequent to the Fiscal Year 2011 annual meeting, then it will expire at the annual meeting when the founding Participating Employers' board seats expires beginning at the annual meeting held in Fiscal Year 2015, if appropriate, and every third succeeding year thereafter. The initial group of Trustees described in B.1 (c) above shall be classified as Class B Trustees and shall serve until successor Trustees are eIected at the Fiscal Year 2009 annual meeting of Local Finance Boards. At the Fiscal Year 2009 annual meeting of Local Finance Boards, Trustees ofCIass B shall be elected to hold office for a one-year term expiring at the Fiscal Year 2010 annual meeting of Local Finance Boards until successor Trustees are elected at the Fiscal Year 2010 annual meeting of the Local Finance Boards, in accordance with Section 106E below, from the pool of nominees selected by all Local Finance Boards. Trustees of the third class (CIass C), if such a class is created, shall be eIected to hold office for a two-year term expiring at the Fiscal Year 2011 annual meeting of Local Finance Boards until successor Trustees are elected at the Fiscal Year 2011 annual meeting of the Local Finance Boards, in accordance with Section 106E below, from the pool of nominees selected by all Local Finance Boards. At each annual meeting of LocaI Finance Boards after the annual meetings of Local Finance Boards described above, the successors to the class of Trustees whose terms shall then expire shall be identified as being of the same class as the trustees they succeed and eIected to hold office for a term expiring at the third succeeding annual meeting of Local Finance Boards. If a CIass C is created at a subsequent annual meeting, its seats will expire one year following the year in which the CIass B seats expire. Trustees shall hoId their offices until the next annual meeting of Local Finance Boards for such Trustee's respective Class and until their successors are elected and qualify. 3. At each annual meeting of the Local Finance Boards, the incumbent Trustees will present all nominations received for each class of Trustees (A, B, or C) for which an election is to be held. If a Local Finance Board does not designate a particular class for its nominee(s), such names will be included on the lists of eligibIe nominees for each class for which an election is to be held unless the individual named is elected to another seat. 4. No individuaI Trustee may be eIected or continue to serve as a Trustee after becoming an owner, officer or employee of the Administrator, an Investment Advisor, an Investment Manager or a Custodian. Except as otherwise provided in B.2 above, following the first election for Trustees, no Trustee may be elected or continue to serve as a Trustee unless he or she is a member of a Local Finance Board. 11 I I I I 5. Each Trustee and each successor Trustee shall acknowledge and consent to his or her election as a Trustee by giving written notice of acceptance of such election to the Chairperson of the Trustees. C. Resignation of a Trustee. 1. A Trustee may resign from all duties and responsibilities under this Agreement by giving written notice to the Chairperson of the Trustees. The Chairperson may resign from all duties and responsibilities under this Agreement by giving written notice to all of the other Trustees. Such notice shall state the date such resignation shall take effect and such resignation shall take effect on such date but not later than sixty (60) days after the date such written notice is given. 2. Any Trustee, upon leaving office, shall forthwith turn over and deliver to the Chairperson at the principal office of the Trust Fund any and all records, books, documents or other property in his or her possession or under his or her control which belong to the Trust Fund. The Chairperson, upon leaving office, shall forthwith turn over and deliver to the Administrator at the principal office of the Trust Fund any and all records, books, documents or other property in his or her possession or under his or her controI which beIong to the Trust Fund. D. Removal of a Trustee. Each Trustee, unless due to the resignation, death, incapacity, removal, or conviction of a felony or any offense for which registration is required as defined in Virginia Code ~ 9.1-902 and for whom all rights of appeaI under Virginia law have expired, shall serve and shall continue to serve as Trustee hereunder, subject to the provisions of this Agreement. A Trustee shall relinquish his or her office or may be removed by a majority vote of the Trustees or ipso facto when the Employer which he represents is no longer a Participating Employer in the Trust Fund. Notice of removal of a Trustee shall be furnished to the other Trustees by the Chairperson of the Trustees and shall set forth the effective date of such removal. Notice of removal of the Chairperson shall be furnished to the other Trustees by the Administrator and shall set forth the effective date of such removal. E. Appointment of a Successor Trustee. Except as otherwise provided in part B.1 of this Section with respect to the initial two terms of Class A Trustees, in the event a Trustee shall die, resign, become incapacitated, be removed from office, or convicted of a felony or any offense for which registration is required as defined in Virginia Code ~ 9.1-902 and for whom all rights of appeaI under Virginia law have expired, a successor Trustee shall be elected forthwith by the affirmative vote of the majority of the remaining Trustees though Iess than a quorum of the Board of Trustees. The notice of the election of a successor Trustee shall be furnished to the other Trustees by the Chairperson. In case of the removal, death, resignation, etc. of the Chairperson, notice of the election of a successor Trustee, and the new Chairperson, shall be furnished to the other Trustees by the Administrator. Eligible nominees will be provided by the members of the Local Finance Board of the Trustee being replaced; however, no more than one member of such board may serve as Trustee at one time. If such nominees do not receive the 12 I I I I affirmative vote of a majority of the remaining Trustees, additional eIigible nominees will be provided by the Executive Directors of the Virginia Association of Counties and the Virginia Municipal League from among the members of any Local Finance Board, and, if there are an insufficient number of nominees to fill available positions, local government officials or local government employees. The term of office of any Trustee so elected shall expire at the next Local Finance Board meeting at which Trustees are elected where a successor shall be elected to complete the term for the Class to which such Trustee has been assigned. Any successor Trustee for a Class A Trustee from a founding Participating EmpIoyer with respect to the initial two terms shall be appointed by that Trustee's Local Finance Board. F. Trustees' Rights. In case of the death, resignation or removal of anyone or more of the Trustees, the remaining Trustees shall have the powers, rights, estates and interests of this Agreement as Trustees and shall be charged with the duties of this Agreement; provided in such cases, no action may be taken unIess it is concurred in by a majority of the remaining Trustees. Section 107. Bonding. All Trustees shall immediately make application for a fidelity bond, to any company designated by the Board of Trustees, in such amount as may be specified by the Board of Trustees. Premiums on such bonds shall be paid from the Trust Fund, which bonds shall be continued in force in such amount as the Board of Trustees may from time to time require. If a Trustee's bond is refused, or is ever cancelled, except with the Board of Trustee's approval, such Trustee may be removed from office by majority vote of the Board of Trustees and such Trustee shall be entitled to compensation, if any, to the date of such removal onIy. A bond for a Trustee is not required under this section if a bond is obtained for such Trustee pursuant to Section 408. PART 2 - PROVISIONS APPLICABLE TO INVESTMENTS Section 200. APPLICATION. The provisions of Part 2 apply to the investments of the Trust Fund. Section 201. ADMINISTRATION OF TRUST. A. General. All such assets shall be held by the Trustees in the Trust Fund. B. Contributions. The Board of Trustees hereby delegates to the Administrator the responsibiIity for accepting cash contributions to the Trust Fund and the Administrator shall have the responsibility for accepting cash contributions by Participating Employers. Contributions of a Participating Employer to fund Other Post-Employment Benefits are irrevocable. Assets held in the Trust Fund shall be dedicated to providing Other Post-Employment Benefits or to defraying reasonabIe expenses of the Trust Fund. Neither the Trustees nor the Administrator shall be under any duty to determine whether the amount of any contribution is in accordance with the Participating Employer's Plan or Plans or to collect or enforce payment of any contribution. All contributions by a Participating EmpIoyer shall be transferred to the Trust Fund to be held, managed, invested and distributed as part of the Trust Fund by the Trustees in accordance with the provisions of this Agreement and applicabIe law. 13 I I I I , C. Applicable Laws and Regulations, The Board of Trustees shall be authorized to take the steps it deems necessary or appropriate to comply with any laws or regulations applicable to the Trust Fund. D. AccumuIated Share. No Participating Employer shall have any right, title or interest in or to any specific assets of the Trust Fund, but shall have an undivided beneficial interest in the Trust Fund; however, there shall be a specific accounting of assets allocable to each Participating Employer. Section 202. MANAGEMENT OF INVESTMENTS OF THE TRUST FUND. A. Authority of Trustees. Except as set forth in subsections C, D, E, G or H of this Section, and except as otherwise provided by law, the Board of Trustees shall have exclusive authority and discretion to manage and control the assets of the Trust Fund held by them pursuant to the guideIines established by the Board of Trustees in the Investment Policy. B. Investment Policy. The Board of Trustees, as its primary responsibility under this Agreement, shall develop a written Investment Policy establishing guidelines applicabIe to the investment of the assets of the Trust Fund, and from time to time shall modify such Investment Policy, in light of the short and long-term financial needs of the Plans. The Investment Policy shall serve as the description of the funding policy and method for the Trust Fund. C. Investment Advisor. The Board of Trustees, from time to time, may direct the Administrator to appoint one (1) or more independent Investment Advisors ("Investment Advisor"), pursuant to a written investment advisory agreement with each, describing the powers and duties of the Investment Advisor with regard to the management of all or any portion of any investment or trading account of the Trust Fund. The Investment Advisor shall review, a minimum of every calendar quarter, the suitability of the Trust Fund's investments, the performance of the Investment Managers and their consistency with the objectives of the Investment Policy with assets in the portion of the Trust Fund for which the Investment Manager has responsibility for management, acquisition or disposition. If the Administrator contracted with a lead Investment Advisor prior to the estabIishment of this Agreement, the Board of Trustees may ratify such contract. The Iead Investment Advisor will serve at the pleasure of the Board of Trustees and will be compensated for its recurring, usuaI and customary services as part of the fee scheduIe established with the Administrator. D. Investment Advisor Duties. Subject to the approval of the Board of Trustees, the Investment Advisor shall recommend an asset allocation for the Trust Fund that is consistent with the objectives of the Investment Policy. If the Board of Trustees shall approve a separate Investment Policy with respect to assets in a segregated portion of the Trust Fund, the Investment Advisor shall recommend an asset allocation for such segregated portion of the Trust Fund that is consistent with the objectives of such Investment Policy. At least annually, the Investment Advisor shall review the Investment Policy and asset allocation with the Board of Trustees. The 14 I I I I Investment Advisor shall also advise the Board of Trustees with regard to investing in a manner that is consistent with applicable Iaw, and, as advised by the Administrator, the expected distribution requirements of the Plans. E. Investment Managers. The Board of Trustees, from time to time, may appoint one (1) or more independent Investment Managers ("Investment Manager"), pursuant to a written investment management agreement with each, describing the powers and duties of the Investment Manager to invest and manage all or a portion of the Trust Fund. The Investment Manager shall have the power to direct the management, acquisition or disposition of that portion of the Trust Fund for which the Investment Manager is responsible. The Board of Trustees shall be responsible for ascertaining that each Investment Manager, while acting in that capacity, satisfies the following requirements: 1. The Investment Manager is either (i) registered as an investment adviser under the Investment Advisers Act of 1940, as amended; (ii) a bank as defined in that Act; or (iii) an insurance company qualified to perform the services described herein under the laws of more than one state; and 2. The Investment Manager has acknowledged in writing to the Board of Trustees that it is a fiduciary with respect to the assets in the portion of the Trust Fund for which the Investment Manager has responsibility for management, acquisition or disposition. F. Custodians. The Custodian(s) shall no less frequently than annually or at the request of the Board of Trustees certify the value of any property of the Trust Fund managed by the Investment Manager(s). The Trustees shall be entitled to rely conclusively upon such valuation for all purposes under the Trust Fund. G. Investment in Insurance Contracts. The Trustees may offer one (1) or more investment options pursuant to one (1) or more agreements with insurance companies qualified to do business in the Commonwealth of Virginia. Any asset invested pursuant to such an agreement shall be held by the insurance company. Each insurance company so selected shall certify the value of the Trust Fund's interest in the property held by it at least annually. The Trustees shall be entitled to reIy conclusiveIy on such vaIuation for all purposes under this Agreement. H. Investment in MutuaI Funds. The Trustees may offer one (1) or more investment options pursuant to one (1) or more agreements with companies offering mutual fund products. Any asset invested pursuant to such an agreement shall be heId by the Trustees. Each mutuaI fund so selected shall certify the value of the Trust Fund's interest in that fund at least annually. The Trustees shall be entitled to rely conclusively on such valuation for all purposes under the Trust Fund. I. Absence of Trustees' Responsibility for Investment Advisor and Manager. Except to the extent provided in paragraph A of Section 102 above, the Board of Trustees, 15 I I I I collectively and individually, shall not be liable for any act or omission of any Investment Manager and shall not be under any obligation to invest or otherwise manage the assets of the Trust Fund that are subject to the management of any Investment Manager. Without limiting the generality of the foregoing, the Board of Trustees shall be under no duty at any time to make any recommendation with respect to disposing of or continuing to retain any such asset. Furthermore, the Board of Trustees, collectiveIy and individually, shall not be liable by reason of its taking or refraining from taking the advice of the Investment Advisor any action pursuant to this Section, nor shall the Board of Trustees be liable by reason of its refraining from taking any action to remove or replace any Investment Manager on advice of the Investment Advisor; and the Trustees shall be under no duty to make any review of an asset acquired at the direction or order of an Investment Manager. J. Reporting. The Board of Trustees shall be responsible for and shall cause to be filed periodic audits, valuations, reports and disclosures of the Trust Fund as are required by law or agreements. Notwithstanding anything herein to the contrary, the Board of Trustees shall cause the Trust Fund to be audited by a certified public accounting firm retained for this purpose at least once each year. The Board of Trustees may employ professional advisors to prepare such audits, valuations, reports and disclosures and the cost of such professional advisors shall be borne by the Trust Fund. K. Commingling Assets. Except to the extent prohibited by applicable law, the Board of Trustees may commingle the assets of all Participating Employers held by the Board of Trustees under this Agreement for investment purposes in the Trust Fund and shall hold the Trust Fund in trust and manage and administer the same in accordance with the terms and provisions of this Agreement. However, the assets of each Participating Employer shall be accounted for separately. The Board of Trustees and the Administrator shall be under no duty to determine whether the amount of any contribution is in accordance with the Plans, or to collect or enforce payment of any contribution, or distribution to Plan participants. Section 203. ACCOUNTS. The Trustees shall keep or cause to be kept at the expense of the Trust Fund accurate and detailed accounts of all its receipts, investments and disbursements under this Agreement, with the Trustees accounting separately for each Investment Manager's portion of the Trust Fund. Section 204. DISBURSEMENTS FROM THE TRUST. A. Trust Payments. The Board of Trustees hereby delegates to the Administrator the responsibility for making payments from the Trust Fund. In accordance with rules and regulations established by the Board of Trustees, the Administrator shall make payments from the Trust Fund for Other Post-Employment Benefits, as directed by the Local Finance Board of each Participating Employer. Such rules and regulations shall include procedures for certification by the Local Finance Board that payments from the Trust Fund are for the purpose of: (i) paying Other Post-Employment Benefits to or on behalf of Employees or Beneficiaries, 16 I I I I (ii) paying premiums to an insurer for Other Post-Employment Benefits, (iii) an irrevocable transfer of assets to a trust, or equivalent arrangement, for providing Other Post-Employment Benefits to Employees and Beneficiaries, which trust assets are legally protected from creditors of the Participating Employer, or (iv) for any purpose permitted under Governmental Accounting Standards Board (GASB) Statement No. 45, Accounting and Financial Reporting by Employers for Postemployment Benefits Other Than Pensions or applicable Virginia law. Payments shall be made in such manner, in such amounts and for such purposes, including the payment of Other Post-Employment Benefits under participating Plans, as may be directed by the Local Finance Board. Payments from the Trust Fund shall be made by electronic transfer or check (or the check of an agent) for deposit to the order of the payee. Payments or other distributions hereunder may be mailed to the payee at the address last furnished to the Administrator. The Trustees shall not incur any liability on account of any payment or other distribution made by the Trust Fund in accordance with this Section. Such payment shall be in full satisfaction of claims hereunder against the Trustee, Administrator or Participating Employer. B. Allocation of Expenses. The Trustees shall pay all expenses of the Trust Fund from the assets in the Trust Fund. All expenses of the Trust Fund, which are allocabIe to a particular investment option or account, may be allocated and charged to such investment option or account as determined by the Trustees. All expenses of the Trust Fund which are not allocable to a particular investment option or account shall be charged to each such investment option or account in the manner established by the Trustees. Section 205. INVESTMENT OPTIONS. The Trustees shall initially establish one (1) investment option within the Trust Fund pursuant to the Investment Policy, for communication to, and acceptance by, Local Finance Boards. Following development of the initiaI "investment option" pursuant to the Investment PoIicy, the Board of Trustees may develop up to two (2) additional investment options, reflecting different risk/return objectives and corresponding asset mixes, for selection by Local Finance Boards, as alternatives to the initial investment option. The determination to add alternative investment options to the Investment Policy, and the development of each such investment option, are within the sole and absolute discretion of the Board of Trustees. The Trustees shall transfer to any deemed investment option developed hereunder such portion of the assets of the Trust Fund as appropriate. The Trustees shall manage, acquire or dispose of the assets in an investment option in accordance with the directions given by each Local Finance Board. All income received with respect to, and all proceeds received from, the disposition of property held in an investment option shall be credited to, and reinvested in, such investment option. If multiple investment options are developed, the Board of Trustees shall establish one (1) default investment option in the absence of valid Local Finance Board investment direction. If multiple investment options are developed, from time to time, the Board of Trustees may eliminate an investment option, and the proceeds thereof shall be reinvested in the default investment option unless another investment option is selected in accordance with directions given by the Local Finance Board. 17 I I I I Notwithstanding anything hereinabove to the contrary, the Board of Trustees, in its sole discretion, may establish a separate, short-term investment option or fund, to facilitate contributions, disbursements or other short-term Iiquidity needs of the Trust or of particuIar Participating Employers. Separate investment funds within the Trust Fund and varying percentages of investment in any such separate investment fund by the Participating Employers, to the extent so determined by the Board of Trustees, are expressly permitted. PART 3 - PROVISIONS APPLICABLE TO P ARTICIP A TING EMPLOYERS Section 300. APPLICATION. The provisions of Part 3 set forth the rights of Participating Employers. Section 301. PARTICIPATING EMPLOYERS. A. Approval. The Board of Trustees or its designee shall receive applications from Employers for membership in the Trust Fund and shall approve or disapprove such applications for membership in accordance with the terms of this Agreement, the Trust Joinder Agreement, bylaws and the rules and reguIations established by the Board of Trustees for admission of new Participating Employers. Before approving the participation of any Employer that has established a PIan, the Board of Trustees or its designee shall determine and affirm that such Employer is permitted to establish a trust pursuant to Article 8, Chapter 15, Subtitle II of Title 15.2 of the Virginia Code (SS 15.2-1544 et seq.). The Board of Trustees shall have totaI discretion in determining whether to accept a new member. The Board of Trustees may delegate the authority for membership approvaI to the Administrator. B. Execution of Trust Joinder Agreement bv LocaI Finance Board. Each Employer will make its election to become a Participating Employer by directing its Local Finance Board to execute a Trust Joinder Agreement in such form and content as prescribed by the Board of Trustees. By the Local Finance Board's execution of the Trust Joinder Agreement, the Participating Employer agrees to be bound by all the terms and provisions of this Agreement, the Trust Joinder Agreement, the bylaws and any other rules and regulations adopted by the Trustees under this Agreement. The Local Finance Board of each Participating Employer, serving as such Employer's Trustee, in accordance with Virginia Code S 15.2-1547, shall represent such Participating Employer's interest in all meetings, votes, and any other actions to be taken by a Participating EmpIoyer hereunder. A Local Finance Board may designate one or more, but less than all, of its members to serve as the authorized representative of such LocaI Finance Board for purposes of this Agreement. C. Continuing as a Participating Employer. Application for participation in this Agreement, when approved in writing by the Board of Trustees or its designee, shall constitute a continuing contract for each succeeding fiscal year unless terminated by the Trustees or unless the Participating Employer resigns or withdraws from this Agreement by written notice of its Local Finance Board. The Board of Trustees may terminate a Participating Employer's participation in this Agreement for any reason by vote of three-fourths (%) of the Board of Trustees. If the participation of a Participating Employer is terminated, the Board of Trustees 18 I I I I and the Administrator shall effect the withdrawal of such Participating Employer's beneficial interest in the Trust within one hundred eighty (180) days, by transfer of such assets to a trust, trusts or equivalent arrangement for the purpose of accumulating and investing assets to fund Other Post-EmpIoyment Benefits, established for this purpose by such Participating Employer. If withdrawal is not completed within this time period, the Board of Trustees, in its discretion, may make reasonable alternative arrangements for the distribution of the Participating Employer's beneficial interest. Section 302. Places of Meetings. All meetings of the Local Finance Boards shall be held at such place, within the Commonwealth of Virginia, as from time to time may be fixed by the Trustees. Section 303. Annual Meetings. The annual meeting of the Local Finance Boards, for the election of Trustees and for the transaction of such other business as may come before the annual meeting, shall be held at such time on such business day between September 1 st and October 31 st as shall be designated by resolution of the Board of Trustees. Section 304. Special Meetings. Special meetings of the Local Finance Boards for any purpose or purposes may be called at any time by the Chairperson of the Board of Trustees, by the Board of Trustees, or if Local Finance Boards together holding at least twenty percent (20%) of all votes entitled to be cast on any issue proposed to be considered at the special meeting sign, date and deliver to the Trust Fund's Secretary one or more written demands for the meeting describing the purpose or purposes for which it is to be held. At a special meeting no business shall be transacted and no action shall be taken other than that stated in the notice of the meeting. Section 305. Notice of Meetings. Written notice stating the place, day and hour of every meeting of the Local Finance Boards and, in case of a special meeting, the purpose or purposes for which the meeting is called, shall be given not less than ten (10) nor more than sixty (60) days before the date of the meeting to each Participating Employer's Local Finance Board of record entitled to vote at such meeting, at the address which appears on the books of the Trust Fund. Section 306. Quorum. Any number of Local Finance Boards together holding at Ieast a majority of the outstanding beneficial interests entitled to vote with respect to the business to be transacted, who shall be physically present in person at any meeting duly called, shall constitute a quorum of such group for the transaction of business. If less than a quorum shall be in attendance at the time for which a meeting shall have been called, the meeting may be adjourned from time to time by a majority of the LocaI Finance Boards present. Once a beneficial interest is represented for any purpose at a meeting of Local Finance Boards, it shall be deemed present for quorum purposes for the remainder of the meeting and for any adjournment of that meeting unless a new record date is, or shall be, set for that adjourned meeting. Section 307. Voting. At any meeting of the Local Finance Boards, each Local Finance Board entitled to vote on any matter coming before the meeting shall, as to such matter, have one vote, in person, for each whole dollar invested in the Trust Fund standing in its name on the books of the Trust Fund on the date, not more than seventy (70) days prior to such meeting, fixed by the Board of Trustees, for the purpose of determining Local Finance Boards entitled to vote, as the 19 I I I I date on which the books of the Trust Fund are to be closed or as the record date. Notwithstanding the preceding sentence, at any meeting held after the date the fifth (5th) Participating Employer joins the Trust, no one LocaI Finance Board may vote more than forty- five percent (45%) of the total votes cast. In the event that more than one member of a Local Finance Board attends a meeting, the Local Finance Board will designate one member authorized to cast its votes. If a quorum is present at a meeting of the Local Finance Boards, action on a matter other than election of Trustees shall be approved if the votes cast favoring the action exceed the votes cast opposing the action, unless a vote of a greater number is required by this Agreement. If a quorum is present at a meeting of the Local Finance Boards, Trustees for all open seats for each class of Trustees on the Board of Trustees shall be elected by a pIurality of the votes cast by the beneficial interests entitled to vote in such eIection. Local Finance Boards at the annual meeting will vote at one time to fill all open positions within a single class of Trustees. Elections will be held by class, in the order of the length of the terms to be filled, beginning with the longest term. The designated representative of each Local Finance Board will cast up to the full number of its votes for each open position within a class of Trustees, but it may not cast votes for more than the number of open positions in such class. Those nominees receiving the largest plurality of votes, up to the number of positions to be filled, will be declared elected. Subsequent votes may be held to break any ties, if necessary, in order to elect the correct number of Trustees. PART 4 - PROVISIONS APPLICABLE TO OFFICERS Section 401. Election of Officers: Terms. The Board of Trustees shall appoint the officers of the Trust Fund. The officers of the Trust Fund shall consist of a Chairperson of the Board, a Vice-Chairperson, and a Secretary. The Secretary need not be a member of the Board of Trustees and may be the Administrator. Other officers, including assistant and subordinate officers, may from time to time be elected by the Board of Trustees, and they shall hold office for such terms as the Board of Trustees may prescribe. All officers shall hoId office until the next annual meeting of the Board of Trustees and until their successors are elected. Section 402. Removal of Officers: Vacancies. Any officer of the Trust Fund may be removed summarily with or without cause, at any time, on a three-fourths (%) vote of the Board of Trustees. Vacancies may be filled by the Board of Trustees. Section 403. Duties. The officers of the Trust Fund shall have such duties as generally pertain to their offices, respectiveIy, as well as such powers and duties as are prescribed by law or are hereinafter provided or as from time to time shall be conferred by the Board of Trustees. The Board of Trustees may require any officer to give such bond for the faithful performance of such officer's duties as the Board of Trustees may see fit. Section 404. Duties of the Chairperson. The Chairperson shall be selected from among the Trustees. Except as otherwise provided in this Agreement or in the resolutions establishing such committees, the Chairperson shall be ex officio a member of all Committees of the Board of 20 I I I I Trustees. The Chairperson shall preside at all Board meetings. The Chairperson may sign and execute in the name of the Trust Fund stock certificates, deeds, mortgages, bonds, contracts or other instruments except in cases where the signing and the execution thereof shall be expressly delegated by the Board of Trustees or by this Agreement to some other officer or agent of the Trust Fund or as otherwise required by law. In addition, he shall perform all duties incident to the office of the Chairperson and such other duties as from time to time may be assigned to the Chairperson by the Board of Trustees. In the event of any vacancy in the office of the Chairperson, the Vice-Chairperson shall serve as Chairperson on an interim basis until such vacancy is filled by subsequent action of the Board of Trustees. Section 405. Duties of the Vice-Chairperson. The Vice-Chairperson, if any, shall be selected from among the Trustees and shall have such powers and duties as may from time to time be assigned to the Vice-Chairperson. Section 406. Duties of the Secretarv. The Secretary shall act as secretary of all meetings of the Board of Trustees and the Local Finance Boards in the Trust Fund. When requested, the Secretary shall also act as secretary of the meetings of the Committees of the Board of Trustees. The Secretary shall keep and preserve the minutes of all such meetings in permanent books. The Secretary shall see that all notices required to be given by the Trust Fund are duly given and served. The Secretary may sign and execute in the name of the Trust Fund stock certificates, deeds, mortgages, bonds, contracts or other instruments, except in cases where the signing and execution thereof shall be expressly delegated by the Board of Trustees or by this Agreement. The Secretary shall have custody of all deeds, leases, contracts and other important Trust Fund documents; shall have charge of the books, records and papers of the Trust Fund relating to its organization and management as a trust; and shall see that all reports, statements and other documents required by Iaw (except tax returns) are properly filed. Section 407. Compensation. The Board of Trustees shall have authority to fix the compensation, if any, of all officers of the Trust Fund. Notwithstanding the preceding sentence, any person employed by a public body, including elected officials or appointed members of governing bodies, shall not be eligible to receive compensation for services as an officer of the Trust Fund other than reimbursement for reasonable expenses. Section 408. Bonding. All officers shall immediately make application for a fidelity bond, to any company designated by the Board of Trustees, in such amount as may be specified by the Board of Trustees. Premiums on such bonds shall be paid from the Trust Fund, which bonds shall be continued in force in such amount as the Board of Trustees may from time to time require. If an officer's bond is refused, or is ever cancelled, except with the Board of Trustees' approvaI, such officer may be removed from office as provided in Section 402 and such officer shall be entitled to compensation, if any, to the date of such removaI only. PART 5 - VOLUNTARY EMPLOYEES' BENEFICIARY ASSOCIATION PROVISIONS Section 501. CompIiance with Code Section 501 (c )(9). At all times, the Trust shall be administered in accordance with and construed to be consistent with Section 501(c)(9) of the Code and the regulations thereunder. 21 I I I I Section 502. Inurement. No part of the net earnings of the Trust Fund may inure to the benefit of any Participating Employer or individual other than through the payment of Other Post- Employment Benefits, except that the Trustees may pay all reasonable expenses for administration of the Trust Fund, Trustees fees and expenses, and other expenses provided for in this Agreement. PART 6 - MISCELLANEOUS PROVISIONS Section 601. Titles. The titles to Parts and Sections of this Agreement are placed herein for convenience of reference only, and the Agreement is not to be construed by reference thereto. Section 602. Successors. This Agreement shall bind and inure to the benefit of the successors and assigns of the Trustees, the Local Finance Boards, and the Participating Employers. Section 603. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute but one instrument, which may be sufficiently evidenced by any counterpart. Any Participating Employer that formally applies for participation in this Agreement by its Local Finance Board's execution of a Trust Joinder Agreement which is accepted by the Trustees shall thereupon become a party to this Agreement and be bound by all of the terms and conditions thereof, and said Trust Joinder Agreement shall constitute a counterpart of this Agreement. Section 604. Amendment or Termination of this Agreement: Termination of Plans. A. Amendment. This Agreement may be amended in writing at any time by the vote of a majority of the Trustees. Notwithstanding the preceding sentence, this Agreement may not be amended so as to change its purpose as set forth herein or to permit the diversion or application of any funds of the Trust Fund for any purpose other than those specified herein. The Board of Trustees, upon adoption of an amendment to this Agreement, shall provide notice by sending a copy of any such amendment to each LocaI Finance Board within 15 days of adoption of such amendment. If a Local Finance Board objects to such amendment, the Local Finance Board must provide written notice of its objection and intent to terminate its participation in the Trust Fund by registered mail delivered to the Administrator within ninety (90) days of such notice, and if such notice is given, the amendments shall not apply to such Participating Employer for a period of 180 days from the date of adoption of such amendments. The Participating EmpIoyer's interest shall be terminated in accordance with the provisions of paragraph B of this section. It is the intent of the Trustees that the Trust shall be and remain a tax-exempt voluntary employees beneficiary association under Section 501 (c )(9) of the Code. The Trustees shall promptly submit the Agreement to the Internal Revenue Service for approval under the Code and all expenses incident thereto shall be borne by the Trust Fund. The Trustees may make any modifications, alterations, or amendments to the Agreement necessary to obtain and retain approval of the Secretary of the Treasury as may be necessary to establish and maintain the 22 I I I I status of the Trust Fund as tax-exempt under the provisions of the Code or other federal Iegislation, as now in effect or hereafter enacted, and the regulations thereunder. Any modification, alteration, or amendment to this Agreement, made in accordance with this Section, may be made retroactively, if necessary or appropriate. The Trustees, Local Finance Boards and all Participating Employers shall be bound thereby. B. Termination. This Agreement and any trust created hereby may be terminated at any time by the Trustees with respect to a Participating Employer when the Participating Employer's participation interest in the Trust Fund is terminated or when a Trust Joinder Agreement has been terminated. The Trust Fund may be terminated in its entirety when all participation interests of all Participating Employers have been terminated in their entirety. This Agreement and the Trust Fund may be terminated in their entirety pursuant to Virginia law. In case of a termination of this Agreement, either in whole or in part, the Trustees shall hold, apply, transfer or distribute the affected assets of the Trust Fund in accordance with the appIicable provisions of this Agreement and the direction of the Local Finance Board of each Participating Employer. Upon any termination, in whole or in part, of this Agreement, the Trustees shall have a right to have their respective accounts settIed as provided in this Section 604. In the case of the complete or partial termination of this Agreement as to one or more Participating Employers, the affected assets of the Trust Fund shall continue to be held pursuant to the direction of the Trustees, for the benefit of the EmpIoyees and Beneficiaries of such Participating Employer, until the Trustees, upon recommendation of the Administrator, distribute such assets to a trust, trusts or equivalent arrangement estabIished by such Participating Employer for the purpose of funding Other Post-Employment Benefits, or other suitable arrangements for the transfer of such assets have been made. This Agreement shall remain in full effect with respect to each Participating EmpIoyer that does not terminate its participation in the Trust Fund on behalf of its Employees and Beneficiaries, or whose participation is not terminated by the Trustees. However, if distributions must be made, the Local Finance Board of each Participating EmpIoyer shall be responsible for directing the Administrator on how to distribute the beneficiaI interest of such Participating Employer. In the absence of such direction, the Administrator may take such steps as it determines are reasonable to distribute such Participating Employer's interest. A Participating EmpIoyer must provide written notice of its intent to terminate its participation in the Trust Fund by registered mail signed by its Local Finance Board and delivered to the Administrator at least ninety (90) days in advance. Notwithstanding the preceding sentence, during its first year of participation, a Participating Employer must provide notice of its intent to terminate no less than one hundred eighty (180) days in advance. Notwithstanding the foregoing, the Trustees shall not be required to payout any assets of the Trust Fund to Participating Employers upon termination of this Agreement or the Trust Fund, in whole or in part, until the Trustees have received written certification from the Administrator that all provisions of law with respect to such termination have been complied 23 I I I I with. The Trustees shall rely conclusively on such written certification and shall be under no obligation to investigate or otherwise determine its propriety. When the assets of the Trust Fund affected by a termination have been applied, transferred or distributed and the accounts of the Trustees have been settled, then the Trustees and Administrator shall be released and discharged from all further accountability or liability respecting the Trust Fund, or portions thereof, affected by the termination and shall not be responsible in any way for the further disposition of the assets of the Trust Fund, or portions thereof, affected by the termination or any part thereof so applied, transferred or distributed; provided, however, that the Trustees shall provide full and complete accounting for all assets up through the date of finaI disposition of all assets heId in the Trust. Section 605. Spendthrift Provision: Prohibition of Assignment ofInterest. The Trust Fund shall be exempt from taxation and execution, attachment, garnishment, or any other process to the extent provided under Article 8, Chapter 15, Subtitle II of Title 15.2 of the Virginia Code (~~ 15.2-1544 et seq.). No Participating Employer or other person with a beneficial interest in any part of the Trust Fund may commute, anticipate, encumber, alienate or assign the beneficial interests or any interest of a Participating Employer in the Trust Fund, and no payments of interest or principal shall be in any way subject to any person's debts, contracts or engagements, nor to any judicial process to levy upon or attach the interest or principal for payment of those debts, contracts, or engagements. Section 606. Meetings: Virginia Freedom of Information Act. The Administrator shall give the pubIic notice of the date, time, and location of any meeting of the Board of Trustees' or of the Local Finance Boards in the manner and as necessary to comply with the Virginia Freedom of Information Act (Va. Code ~~ 2.2-3700 et seq.). The Secretary or its designee shall keep all minutes of all meetings, proceedings and acts of the Trustees and Local Finance Boards, but such minutes need not be verbatim. Copies of all minutes of the Trustees and Local Finance Boards shall be sent by the Secretary or its designee to the Trustees. All meetings of the Board of Trustees and Local Finance Boards shall be open to the public, except as provided in ~ 2.2-3711 of the Virginia Code. No meeting shall be conducted through telephonic, video, eIectronic or other communication means where the members are not physically assembled to discuss or transact public business, except as provided in ~~ 2.2-3708 or 2.2-3708.1 of the Virginia Code. Section 607. Jurisdiction. This Agreement shall be interpreted, construed and enforced, and the trust or trusts created hereby shall be administered, in accordance with the laws of the United States and of the Commonwealth of Virginia. Section 608. Situs of the Trust. The situs of the trust or trusts created hereby is the Commonwealth of Virginia. All questions pertaining to its validity, construction, and 24 I I I I administration shall be determined in accordance with the laws of the Commonwealth of Virginia. Venue for any action regarding this Agreement is the City of Richmond, Virginia. Section 609. Construction. Whenever any words are used in this Agreement in the masculine gender, they shall be construed as though they were also used in the feminine or neuter gender in all situations where they would so apply and whenever any words are used in this Agreement in the singuIar form, they shall be construed as though they were also used in the plural form in all situations where they would so apply, and whenever any words are used in this Agreement in the plural form, they shall be construed as though they were also in the singular form in all situations where they would so appIy. Section 610. Conflict. In resolving any conflict among provisions of this Agreement and in resolving any other uncertainty as to the meaning or intention of any provision of the Agreement, the interpretation that (i) causes the Trust Fund to be exempt from tax under Code Sections 115 and 501(a), and (ii) causes the participating PIan and the Trust Fund to comply with all applicable requirements of law shall prevail over any different interpretation. Section 611. No Guarantees. Neither the Administrator nor the Trustees guarantee the Trust Fund from loss or depreciation or for the payment of any amount which may become due to any person under any participating Plan or this Agreement. Section 612. Parties Bound; No Third Party Rights. This Agreement and the Trust Joinder Agreements, when properly executed and accepted as provided hereunder, shall be binding only upon the parties hereto, i.e., the Board of Trustees, the Administrator and the Participating Employers and their LocaI Finance Boards. Neither the establishment of the Trust nor any modification thereof, nor the creation of any fund or account, the payment of any Other Post- Employment Benefits, shall be construed as giving to any person covered under any Plan of a Participating Employer or any other person any legal or equitable right against the Trustees, or any officer or employee thereof, except as may othetwise be provided in this Agreement. Under no circumstances shall the term of employment of any Employee be modified or in any way affected by this Agreement. Section 613. Necessary Parties to Disputes. Necessary parties to any accounting, litigation or other proceedings relating to this Agreement shall include only the Trustees and the Administrator. The settlement or judgment in any such case in which the Trustees are duly served or cited shall be binding upon all Participating Employers and their Local Finance Boards and upon all persons claiming by, through or under them. Section 614. Severability. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of the Agreement shall continue to be fully effective. If any provision of the Agreement is held to violate the Code or to be illegal or invalid for any other reason, that provision shall be deemed to be null and void, but the invalidation of that provision shall not othetwise affect the trust created by this Agreement. [SIGNATURE PAGE FOLLOWS] 25 I I , I I IN WITNESS WHEREOF, each of the members of the initial Board of Trustees has executed this Trust Agreement Dale: yll/o8 ~~- , County of Fairfax Datc:_-=tluJQJL '~--'T ~: Date:~ ~~~.~~Ml Date: f/II /PY ( y~ Jkd , Designee ofVACo/VtvlL Date: ~-) 1- DY 1J Id /1":'-"011l~ , Designee of V:\C 0/V1v1 1.. Accepted by the Administrator City of Richmond Commonwealth of Virginia VIRGINIA LOCAL GOVER.l'\JtvlENT FINAN ORPOR...'" nON By: The forgoing instrument was -- acknowledged before me this 11th day of April 2008 by: Jesse Hall, Leon T. Johnson, Victoria Lucente, Deidra M. McLaughlin, Robert L. Mears, and Robert W. auterberg. c)DMA\f'CDOCS\DOCSNfl\' 12441<i1),18 James D. Campbell Notary Public #22055 M commission expires October 31, 2009. 2t. I I , I I TRUST JOINDER AGREEMENT FOR PARTICIPATING EMPLOYERS UNDER VIRGINIA POOLED OPEB TRUST FUND THIS TRUST JOINDER AGREEMENT is made by and between the Local Finance Board of ,Virginia (herein referred to as the "Local Finance Board") of , Virginia (herein referred to as the "Participating Employer"), and the Board of Trustees (herein collectively referred to as the "Trustees") ofthe Virginia Pooled OPEB Trust Fund (herein referred to as the "Trust Fund"). WITNESSETH: WHEREAS, the Participating Employer provides post-employment benefits other than pensions (herein referred to as "Other Post-Employment Benefits"), as defined in section 15.2- 1545 of the Virginia Code, for Employees and Beneficiaries; and WHEREAS, the governing body of the Participating Employer desires to establish a trust for the purpose of accumulating and investing assets to fund Other Post-Employment Benefits as it may appropriate; and WHEREAS, the governing body of the Participating Employer has adopted an ordinance and/or resolution (a certified copy of which is attached hereto as Exhibit A) to authorize participation in the Virginia Pooled OPEB Trust Fund and establish a Local Finance Board, and, pursuant to Virginia Code g 15.2-1547, has directed the Local Finance Board to enter into this Trust Joinder Agreement; and WHEREAS, the Trust Fund, in accordance with the terms of the Virginia Pooled OPEB Trust Fund Agreement (the "Agreement"), provides administrative, custodial and investment services to the Participating Employers in the Trust Fund; and WHEREAS, the Local Finance Board, upon the direction of the governing body of , Virginia, desires to submit this Trust Joinder Agreement to the Trustees to enable , Virginia, to become a Participating Employer in the Trust Fund and a party to the Agreement. NOW, THEREFORE, in consideration ofthe mutual covenants and agreements flowing to each of the parties hereto, it is agreed as follows: 1. Pursuant to the Board of Trustees' acceptance of this Trust Joinder Agreement, the , Virginia, is a Participating Employer in the Trust Fund, as provided in the Agreement, and the Local Finance Board is authorized to enter into this Trust Joinder Agreement, and to represent and vote the beneficial interest of Virginia, in the Trust Fund in accordance with the Agreement. 2. Capitalized terms not otherwise defined in this Trust Joinder Agreement have the meaning given to them under the Agreement. I I 3. The Local Finance Board shall cause appropriations designated by the Participating Employer for deposit in the Trust Fund to be deposited into a depository designated by the Trustees. 4. The Local Finance Board shall timely remit, or timely approve the remittance of, administrative fees as may be due and payable by the Participating Employer under the Agreement into a depository designated by the Trustees. 5. The Participating Employer shall have no right, title or interest in or to any specific assets of the Trust Fund, but shall have an undivided beneficial interest in the Trust Fund; however, there shall be a specific accounting of assets allocable to the Participating Employer. 6. The Local Finance Board shall provide to the Administrator designated by the Trustees all relevant information reasonably requested by the Administrator for the administration of the Participating Employer's investment, and shall promptly update all such information. The Local Finance Board shall certify said information to be correct to the best of its knowledge, and the Trustees and the Administrator shall have the right to rely on the accuracy of said information in performing their contractual responsibilities. 7. The Trust Fund provides administrative, custodial and investment services to the Participating Employer in accordance with the Agreement. 8. The Trustees and the Administrator, in accordance with the Agreement and the policies and procedures established by the Trustees, shall periodically report Trust activities to the Participating Employer on a timely basis. 9. The Local Finance Board and the Participating Employer agree to abide by and be bound by the terms, duties, rights and obligations as set forth in the Agreement, as may be amended by the Trustees, which is attached hereto and is made a part of this Trust Joinder Agreement. 10. The Local Finance Board, in fulfillment of its duties as the trustee of the Participating Employer, retains the services of the Investment Manager or Managers selected by the Trustees pursuant to the Agreement. 11. The term of this Trust Joinder Agreement shall be indefinite; however, the Participating Employer may not terminate this Trust Joinder Agreement until 180 days after its initial investment. Thereafter, the Local Finance Board may terminate this Trust Joinder Agreement on behalf of the Participating Employer by giving at least 90 days prior notice in writing to the Trustees. Termination shall be governed by the provisions ofthe Agreement. IN WITNESS WHEREOF, the Local Finance Board has caused this Trust Joinder Agreement to be executed this day of , 20_ 2 I I I I LOCAL FINANCE BOARD OF , VIRGINIA ATTEST: * * * * ACCEPTANCE: VIRGINIA POOLED OPEB TRUST FUND Virginia Local Government Finance Corporation By: Administrator #: :ODMA \PCDOCS\DOCSNFK\1259891 \ 7 3 I I SCHOOL BOARD Daniel D, Edwards Chairman Distr'ct 1 - Centerville 1513 Beachview Drive VA Eeach, VA 23464 495-,3551 (h) . 717-0259 (c) Rita Sweet Bellitto Vice Chairman At-Large P.O Box 6448 VA Beach, VA 23456 418.il960 (c) William J. "Bill" Brunke, IV District 7 - Princess Anne 4099 Foxwood Dr., Suite 201 Virginia Beach, VA 23462 222-0134 (w) . 286-2772 (c) Todd C. Davidson At-Large 2424 Savannah Trail VA Eeach, VA 23456 427.3330 (w) . 285-9409 (c) Emma L. "Em" Davis Distr cl5 - Lynnhaven 1125 Michaelwood Drive VA Eeach, VA 23452 340:3911 (h) Patricia G. Edmonson Distr ct 6 - Beach 401.:205 Harbour Poinl VA Eeach, VA 23451 675 il137 (h) Edward F, Flsslnger, Sr, AI-Large 412 Ilecton Place VA Beach, VA 23452 486.4567 (h) Dan R. Lowe District 4 - Bayside 4617 Red Coat Road VA Beach, VA 23455 490.;3681 (h) Sandra Smith.Jones District 2 - Kempsville 705 Rock Creek Court VA Beach, VA 23462 490..!1167 (h) Michael W. Stewart District 3 - Rose Hall 105 Brenlwood Court VA Beach, VA 23452 498-4303 (h) . 445-4637 (w) Carolyn D, Weems .~t.Large 1420 Claudia Drive VA Beach, VA 23455 464-Ei674 (h) SUPERINTENDENT Jaml'S G, Merrill, Ed.D. 2512 George Mason Drive VA Beach, VA 23456 263.' 007 I I 'ViRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE A RESOLUTION TO ADOPT A TRUST FOR OTHER POST .EMPLOYMENT BENEFITS WHEREAS, Article VIII, Section 7 of the Constitution of Virginia and Section 22.1-28 et seq. of the Virginia Code provide, in part, that the supervision of the schools in each school division will be vested in the school board and the school board shall provide for the educational services for the school division, including the employment of the officers and other employees needed to carry out the functions of the school division; and WHEREAS, in connection with the employment of the officers and other employees, the School Board has established certain plans to provide post-employment benefits other than pensions (herein "Other Post-Employment Benefits"), as defined in Section 15.2-1545 of the Virginia Code, to certain retirees and their spouses and eligible dependents; and WHEREAS, Article 8, Chapter 15, Subtitle II ofTitle 15.2 of the Virginia Code (99 15,2-1544 et seq.) provides that the governing body of a city or a school board may establish a trust for the purpose of accumulating and investing assets to fund Other Post-Employment Benefits; and WHEREAS, Section 15,2-1300 of the Virginia Code provides that any power, privilege or authority exercised or capable of exercise by any political subdivision of the Commonwealth of Virginia may be exercised and enjoyed jointly with any other political subdivision of the Commonwealth having a similar power, privilege or authority pursuant to agreements with one another for joint action pursuant to the provisions of that section; and WHEREAS, any two or more political subdivisions may enter into agreements with one another for joint action pursuant to the provisions of Section 15,2-1300 of the Virginia Code provided that the participating political subdivisions shall approve such agreement before the agreement may enter into force; and WHEREAS, the County of Fairfax, Virginia and the County of Henrico, Virginia have determined to jointly establish and participate in the Virginia Pooled OPEB Trust Fund (the "Trust Fund"); and WHEREAS, it appears to the School Board that it is in the best interests of the School Board to become a participating employer in the Trust Fund, NOW, THEREFORE, BE IT RESOLVED BY THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT: A 1, That the School Board does hereby establish a trust pursuant to Section 15.2-1544 of the Virginia Code for the purpose of accumulating and investing assets to fund Other Post-Employment Benefits, in the form set forth in the Virginia Pooled OPEB Trust Fund Agreement (the "Agreement"), a copy of which is attached here as Exhibit A. B1. That the School Board does hereby agree to become a "Participating Employer" in the "Virginia Pooled OPES Trust Fund" (hereinafter, the "Trust Fund"), as further defined in the Agreement. WHEREAS, the City of Virginia Beach is considering joining the Virginia Pooled OPEB Trust Fund and establishing a Local Finance Board to manage the City's interests in such Trust Fund; and WHEREAS, the School Board has discussed with the City the merits of pooling the City's and the School Board's OPEB trust interests and the School Board is agreeable to jointly establishing a Local Finance Board if certain conditions are met. I I I I 'viRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE A RESOLUTION TO ADOPT A TRUST FOR OTHER POST.EMPLOYMENT BENEFITS (continued) NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT: 1, That the School Board agrees to join the Local Finance Board established by the City if the City establishes such Local Finance Board prior to June 30, 2008 and if the City agrees to appoint to such Local Finance Board the two voting members recommended by the School Board; and 2, That, if the City does not meet the conditions set forth in paragraph 1, then the School Board will establish its own trust fund as set forth below: A. That the School Board does hereby establish a trust pursuant to Section 15.2-1544 of the Virginia Code for the purpose of accumulating and investing assets to fund Other Post-Employment Benefits, in the form set forth in the Virginia Pooled OPEB Trust Fund Agreement (the "Agreement"), a copy of which is attached here as Exhibit A B. That the School Board does hereby agree to become a "Participating Employer" in the "Virginia Pooled OPEB Trust Fund" (hereinafter, the "Trust Fund"), as further defined in the Agreement C, That in accordance with Section 15,2-1547 of the Virginia Code, the School Board does hereby create a local finance board and appoint the following individuals to the local finance board pursuant to serve as the trustee of the Schools with respect to the Trust Fund, and as the "Local Finance Board" as defined in the Agreement: the Superintendent, the Chief Financial Officer, and Mr, Edward F. Fissinger, a citizen member, who is hereby appointed for a term of two years that shall begin upon adoption of this Resolution, D. That the School Board does hereby direct the Local Finance Board to execute and deliver the Trust Joinder Agreement for Participating Employers under Virginia Pooled OPEB Trust Fund ("Trust Joinder Agreemenf'), a copy of which is attached hereto as Exhibit B E. That the School Board does hereby designate as "Other Post-Employment Benefits" the health care benefits provided to certain retirees, as designated in separate ordinances or resolutions that have been and will be adopted by the School Board and City Council, as well as the health care benefits for the spouse and eligible dependents of those retirees, to the extent that such coverage is authorized by separate resolutions that have been adopted, or will be adopted, by the School Board. F, That in accordance with Section 15,2-1544 of the Virginia Code, the extent of Other Post-Employment Benefits offered by the School Board, as well as eligibility criteria for those benefits, is dependent upon appropriations and is determined as part of the annual budget process, and thus the extent of such benefits, as well as the eligibility criteria for the benefits, are subject to change, 3. That the Superintendent, Chairman, and the Chief Financial Officer are authorized to take all actions necessary to meet the terms of A 1, B 1 and paragraph 1 and paragraph 2. Such authority includes the authority to remit the annual required contribution for the other post employment benefits to the VACo/VML Pooled Trust Fund. 4. This Resolution shall be in force and effect immediately upon its adoption or passage. Adopted by the School Board of the City of Virginia Beach, Virginia this 17th day of June 2008. SEAL ~1dJriOfA'~Ah~ Daniel D. Edwards, Chairman- Attest: J..~f!~ Dianne P. Alexander, Clerk of the Board I I , I I - 31 - Item V-J.5. ORDINANCES/RESOLUTIONS ITEM # 57758 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, ALTERNATE #2 : Resolution AUTHORIZING changes to the Health Care coverage available to active and retired employees. 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 June 24, 2008 I I AL TERNA TE VERSION #2 REQUESTED BY COUNCILMEMBERS DESTEPH and DIEZEL 1 A RESOLUTION AUTHORIZING CHANGES TO THE 2 HEALTH CARE COVERAGE AVAILABLE TO ACTIVE 3 AND RETIRED EMPLOYEES 4 5 WHEREAS, under current policy, the City provides access to health insurance 6 coverage to its employees and retirees who retire under the Virginia Retirement System 7 (VRS). 8 9 WHEREAS, the City's contribution amount is subject to annual appropriations, 10 in conjunction with the Operating Budget, and for FY09, the budgeted contribution is set 11 at $5,400 per member. 12 13 WHEREAS, after careful review by staff and the City Council of the value of 14 retaining the self-insured health care plan versus moving to a fully insured health care 15 plan, the City Council supports remaining self-insured, given its current savings, but City 16 Council directs staff to monitor this savings in conjunction with future reauthorizations of 17 the health insurance contract and to notify City Council if the status changes. 18 19 WHEREAS, it is the desire of City Council that all current employees shall 20 contribute to the cost of providing health care coverage. 21 22 WHEREAS, it is the desire of City Council that no future tier or plan shall be 23 provided free of charge to current employees or future retirees. 24 25 WHEREAS, it is the desire of City Council that the premium charged for single 26 subscriber HMO coverage for City retirees who retire with at least 25 years of service 27 with the City or combined years of service with the City, Public Schools, and/or a state 28 agency whose employees are covered by the City's healthcare plan, as well as those 29 who retire on a work-related disability compensable under the Workers Compensation 30 Act before age 65 with at least 5 years of service with any combination of the above- 31 listed employers, shall be the same premium for single subscriber HMO coverage that 32 employees pay for single subscriber HMO coverage, and those retirees may also take 33 advantage of spousal and/or eligible dependent coverage, provided that the retiree pays 34 the full actual cost of such coverage. 35 36 WHEREAS, it is the desire of City Council, as recommended by both the City 37 and School employee taskforces that provided input regarding the health insurance 38 plan, that for the 2009 plan year, single subscribers in the HMO plan shall contribute to 39 the cost of their healthcare coverage. 40 41 WHEREAS, Council also desires that a deductible on all plans be 42 established in order to assist in controlling long term costs by engaging employees in 43 long term consumer based decisions, and for the 2009 plan year, staff recommends a I I 44 deductible of $100 per individual and $200 per family within the HMO plan, subject to 45 the maximum out-of-pocket expense for an individual of $1,500 and of $3,000 for a 46 family. 47 48 WHEREAS, City Council supports the consolidated health insurance plan with 49 City and School employees and retirees. 50 51 WHEREAS, the City Council supports the creation of a high deductible health 52 care plan with a health saving account and would like to begin offering such a plan to 53 employees beginning with plan year 2010. 54 55 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 56 VIRGINIA BEACH, VIRGINIA: 57 58 1. That City employees who retire (or have retired) before age 65 with at 59 least 25 years of service with the City or combined years of service with the City, 60 Virginia Beach City Public Schools, and/or a state agency whose employees are 61 covered by the City's healthcare plan, as well as those who retire on a work-related 62 disability compensable under the Workers Compensation Act before age 65 with at 63 least 5 years of service with any combination of the above-listed employers, shall 64 receive the same coverage that is provided to City employees, until they reach age 65. 65 66 2. That all eligible retirees may take advantage of the spousal and/or eligible 67 dependent coverage, provided that the retiree pays the full actual cost of such 68 coverage. 69 70 3. That the premium charged for single subscriber HMO coverage for 71 retirees who retire from the City with at least 25 combined years of service with the City, 72 Virginia Beach Public Schools, and/or a state agency whose employees are covered by 73 the City's healthcare plan, as well as those who retire on a work-related disability 74 compensable under the Workers Compensation Act before age 65 with at least 5 years 75 of service with any combination of the above-listed employers, shall be the same 76 premium for single subscriber HMO coverage that employees pay for single subscriber 77 HMO coverage. The premium for a public safety line-of-duty disability retirement will be 78 in accordance with the provisions of the Virginia Line of Duty Act, Virginia Code ~~ 9.1- 79 400 to -402. 80 81 4. That City employees who are eligible to retire under the Virginia 82 Retirement System and retire before age 65 with less than 25 years of service and who 83 do not retire on a work-related disability as defined in item 1 above shall only be allowed 84 to participate in the POS plan or other plan or plans approved by City Council for 85 retirees only, provided, however, that such retirees must pay the full costs of this 86 coverage. However, those retirees who are currently receiving City health care 87 coverage under any City plan who otherwise would not be qualified to continue to 88 participate in that plan because of this time requirement shall be grandfathered and may 89 continue in the plan until age 65, provided that they pay the full costs of that coverage. I I 90 91 5. That City Council currently supports retaining the self-insured health care 92 plan. In 2010, the City Manager shall solicit proposals for fully insured health care 93 plans. 94 95 6. That it shall be the policy of the City Council that all current employees 96 and future retirees shall contribute to the cost of their health care coverage. The 97 employee and retiree contribution shall be set by the City Council with a 98 recommendation from the City Manager based on the experience of the plan, the health 99 care fund balance, the City's annual contribution amount, and the remaining premium 100 cost. The City shall continue to use a blended rate for HMO single subscriber coverage 101 for employees and retirees, and the City Manager shall make a recommendation to City 102 Council as to whether to use a blended rate for all other types of coverage offered under 103 the City's health care plan. For the 2009 plan year, current employees, and employees 104 who retire during calendar year 2009, shall pay a premium of $25 per month for single 105 subscriber coverage in the HMO plan. 106 107 7. That City Council will establish a deductible for all health care plans in 108 order to assist in controlling long term costs. This is an effort to create overall plan 109 savings and to avoid cost shifting by engaging employees in consumer based decisions. 110 The City Manager shall implement an educational program to explain this to the 111 employees by open enrollment for the 2009 plan year. For the 2009 plan year, Council 112 hereby establishes a deductible of $100 per individual and $200 per family within the 113 HMO plan, subject to the maximum out-of-pocket expense for an individual of $1,500 114 and of $3,000 for a family. 115 116 8. That beginning in plan year 2010, the City shall offer to its employees a 117 high deductible health plan with a health savings account as an additional option while 118 maintaining the traditional HMO and PPO plans. 119 120 9. That City Council supports the current consolidated health insurance plan 121 with City and School employees and retirees and directs the City Manager to work with 122 the Superintendent of Schools, the Consolidated Benefits Executive Committee, and the 123 Employee Health Care Committee. 124 125 10. That the City Auditor is directed to provide for an actuarial evaluation of 126 retiree health care costs annually. 127 128 11. That the City Auditor is directed to conduct an audit of health care claims 129 by an independent outside firm. 130 131 12. That this resolution shall supersede the health care resolution adopted by 132 the City Council on December 15, 1992. 133 134 Adopted by the Council of the City of Virginia Beach, Virginia on the 24th day of 135 June, 2008. APPROVED AS TO LEGAL SUFFICIENCY ;e~ City Attorney's Office ~ CA10701 R-16 June 24,2008 I I I I - 32 - Item V-J. 6. ORDINANCES/RESOLUTIONS ITEM # 57759 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED until the City Council Session of July 1, 2008: Ordinance to AUTHORIZE the City Manager to execute Leasesfor less than five (5) years with RW White Farm, LLCfor thirty-six (36) acres of City-owned land on New Bridge Road. (Defer to July 1, 2008) 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 June 24,2008 I I , I I - 33 - Item V-J. 7. ORDINANCES/RESOLUTIONS ITEM # 57760 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance AUTHORIZING the City Manager to execute Leases for five (5) years or less with Virginia Beach Community Development Corporation (VBCDC) for the use of four (4) residential properties. 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 June 24, 2008 I I I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE LEASES FOR FIVE YEARS OR LESS WITH VIRGINIA BEACH COMMUNITITY DEVELOPMENT CORPORATION FOR THE USE OF FOUR (4) RESIDENTIAL PROPERTIES (GPINS: 2407-02-2510; 2407-94-8728; 2407-94-8554; AND 2417-15-3174). WHEREAS, the City of Virginia Beach (the "City") is the owner of those certain parcels of land and the residences thereon located at 2244 London Street (GPIN 2407-02-2510); 1549 Indiana Avenue (GPIN 2407-94-8728; 1541 New York Avenue (GPIN 2407-94-8554); and 200 Webster Place (GPIN 2417- 15-3174) and shown on Exhibit "A" attached hereto (the "Properties"); WHEREAS, the Virginia Beach Community Development Corporation ("VBCDC") has requested to lease the Properties for $1.00 per year each, and will perform all required maintenance; WHEREAS, VBCDC would like to enter into formal leases with the City for the Properties pursuant to the Summary of Terms attached hereto as Exhibit "B"; WHEREAS, the Properties will be utilized for affordable housing for Virginia Beach residents and for no other purpose; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute four (4) leases, each for a term of less than five years, between VBCDC and the City, for the Properties in accordance with the Summary of Terms attached hereto and such other terms and conditions deemed necessary and sufficient by the City Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the 24th day of June ' 2008. CA10735 6/10/2008 R-1 V:\applications\citylawprod\cycom32\Wpdocs\D006\P003\OO059149.DOC APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~~' 'K..... City A 0 ney . (] APPROVED AS TO CONTENT I I EXHIBIT B SUMMARY OF TERMS LESSOR: City of Virginia Beach ("City") LESSEE: Virginia Beach Community Development Corporation ("VBCDC") PREMISES: Four residential properties: . 2244 London Street (GPIN 2407-02-2510); . 1549 Indiana Avenue (GPIN 2407-94-8728); . 1541 New York Avenue (GPIN 2407-94-8554); and . 200 Webster Place (GPIN 2417-15-3174). TERM: July 1, 2008, through June 30, 2009, with 4 one-year renewal options RENT: $1.00 per year for each property RIGHTS AND RESPONSIBILITIES OF VBCDC (as to each lease): . Will use the Premises for affordable rental housing for Virginia Beach residents and for no other purpose. . At no time shall more than one single-family reside in the dwelling unit. . Will sound-attenuate the Premises at its expense. . Will make repairs needed to bring property up to code compliance, but shall not otherwise modify the Premises without prior approval from City. . 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. VBCDC 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 each lease at any time without cause upon thirty (30) days' written notice. "I I EXHIBIT "A" GPIN: 2407-02-2510 ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot 42 on that certain plat entitled "Revised Plat of Gatewood Park", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 25 at page 87. IT BEING the same property conveyed to the City of Virginia Beach by Deed from Margaret B. Mallison dated February 15, 2008 and recorded in the aforesaid Clerk's Office as Instrument Number 20080314000288110. GPIN: 2407-94-8728 ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia being known, numbered and designated as Lot 9 and the eastern 10 feet of Lot 8 in Block 6 as shown on that certain plat entitled, "Survey of Block number (6) six of Oceana Gardens, for Princess Anne Homes, Inc.", made by W.B. Gallop, County Surveyor, March 20, 1947 which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 21, at page 3. IT BEING the same property conveyed to the City of Virginia Beach by deed from Nikolas Levinsky and Terri Michael Levinsky, dated April 22, 2008 and recorded in the aforesaid Clerk's Office as Instrument Number 20080423000468690. GPIN: 2407-94-8554 ALL THAT certain lot, piece, or parcel of land, together with the buildings and improvements thereon, situate, I I I I I I lying and being in the City of Virginia Beach, Virginia, and known and designated as the Northern one-half of Lot 8, Block 5, Oceana Gardens, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 3, at page 51. IT BEING the same property conveyed to the City of Virginia Beach by deed from Karen B. McGuire, dated November 29, 2007, and recorded in the aforesaid Clerk's Office as Instrument Number 20071217001659630. GPIN: 2417-15-3174 ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach (formerly Princess Anne County), Virginia and being known, numbered and designated as Lot Ten (10), as shown on that certain plat entitled, "Bartow Heights," which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach (formerly Princess Anne County), Virginia in Map Book 54, at page 45.. IT BEING the same property conveyed to the City of Virginia Beach from Roland S. Bell and Chris T. Bell by deed dated March 19, 2008 and recorded in the aforesaid Clerk's Office as Instrument Number 20080409000407640. , I I - 34- Item V-J.8. ORDINANCES/RESOLUTIONS ITEM # 57761 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance A UTHORIZING the City Manager to enter into a Lease Agreement for relocation of the Emergency Medical Services (EMS) Administration and TRANSFER $153,310 to the Department of Management Services FY 2008-09 Operating Budget re lease expenses 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 June 24, 2008 I I , I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT FOR RELOCATION OF THE EMERGENCY MEDICAL SERVICES ADMINISTRATION, AND TO TRANSFER FUNDS TO THE DEPARTMENT OF MANAGEMENT SERVICES FY 2008-09 OPERATING BUDGET FOR LEASE EXPENSES WHEREAS, the Virginia Beach Emergency Medical Services personnel are in a facility that requires significant maintenance; and WHEREAS, there is a suitable facility available for offices on Viking Drive, and lease costs are paid from the City's Management Services Department Budget. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: (1) That the City Manager is hereby authorized to enter into a lease agreement with Ranco Road Associates, L.C. for the purposes of relocating the Virginia Beach Emergency Medical Services Administration. (2) That $153,310 is hereby transferred from the General Fund Reserve for Contingencies to the FY 2008-09 Operating Budget of the Department of Management Services. Adopted by the Council of the City of Virginia Beach, Virginia on the 24th day of June , 2008. Adoption requires an affirmative vote by a majority of all members of the City Council. Approved as to Content: Approved as to Legal Sufficiency: ~~;i~ Manage en Services cC:tn~,~ctl2D~ CA 10794 R-2 June 17, 2008 I I I I I I - 35 - Item V-J. 9. ORDINANCES/RESOLUTIONS ITEM # 57762 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE a $821,070 in State revenue and $549, 760 in fund balance from the Comprehensive Services Special Revenue Fund to the FY2007-08 Department of Human Services to fully fund mandated foster care services. 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 June 24, 2008 I I I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AN ORDINANCE TO FULLY FUND MANDATED SERVICES BY APPROPRIATION AND TRANSFER OF FUNDS TO THE HUMAN SERVICES FY 2007-08 OPERATING BUDGET WHEREAS, uncontrollable trends have created a deficit in the Comprehensive Services Act ("CSA") fund, which provides services for emotionally troubled youth; and WHEREAS, additional state funding and fund balance of the CSA Special Revenue Fund are available to remedy this deficit. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Estimated revenues from the Commonwealth of Virginia for foster care expenses are hereby increased by $821,070; Appropriations to the FY 2007-08 Operating Budget of the Department of Human Services are increased by $821,070; Appropriate $549,760 in fund balance from the Comprehensive Services Act Special Revenue Fund to the FY 2007-08 Operating Budget of the Department of Human Services. Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day of June , 2008. Requires an affirmative vote by a majority of all the members of City Council. Approved As to Content: Approved As To Legal Sufficiency: ~~~ (~g m t Services R~ City Attorney's Offi~ CA 10792 R-3 June 18, 2008 I I I I I - 36 - Item V-J.I0. ORDINANCES/RESOLUTIONS ITEM # 57763 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to APPROPRIATE State revenue of $29, 525 from designated cost recovery sources and $2,281 gift fund balance to the Fire Department's FY 2007-08 Operating Budget to facilitate designated expenditures of the Fire Department. 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 June 24, 2008 I I , I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 AN ORDINANCE TO APPROPRIATE ADDITIONAL FUNDS TO THE FIRE DEPARTMENT'S FY 2007-08 OPERATING BUDGET WHEREAS, the Virginia Beach Fire Department receives cost reimbursement revenues from the Commonwealth of Virginia. WHEREAS, the Virginia Beach Fire Department receives donations from the local community to support several fire prevention and education programs. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Revenues from the Commonwealth of Virginia from Cost Recovery are hereby increased by $29,525. Appropriations to the Fire Department's Operating Budget FY 2007-08 are increased $29,525. Revenues from various community donations to the Fire Department Gift Fund are hereby increased by $2,281. Appropriations to the Fire Department's Gift Fund FY 2007-08 are increased $2,281. Adopted by the Council of the City of Virginia Beach, Virginia on the24th day of ,Tllnp- , 2008. Requires an affirmative vote by the majority of all the members of City Council. Approved as to Content: Approved as to Legal Sufficiency: ~[;!J~ CA 10793 R-4 June 17, 2008 I I I I I - 37 - Item V-J.ll. ORDINANCES/RESOLUTIONS ITEM # 57764 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE a $8,745 contribution resulting from the first annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception re a donation to three local charitable 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. Oberndorj John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 24,2008 I I I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS RESULTING FROM THE FIRST ANNUAL VIRGINIA BEACH BUSINESS APPRECIATION CHARITY GOLF CLASSIC AND NElWORKING RECEPTION, WHICH THE CITY WILL DONATE TO THREE LOCAL CHARITABLE PROGRAMS WHEREAS, on May 2, 2008 the Virginia Beach Development Authority, the Virginia Beach Minority Business Council, and the Department of Economic Development hosted the first annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception at the Virginia Beach National Golf Club, which generated $8,745 that can be donated to local charitable programs. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: A contribution of $8,745 is accepted and appropriated to the General Fund from the first annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception. Estimated Revenue is increased accordingly. The contributed funds will be donated in the following manner: (1) $2,915 to Virginia Beach City Public Schools Education Foundation Teacher Grant Program; (2) $2,915 to the Virginia Health Department Healthy Families Program; and (3) $2,915 to the Virginia Beach Human Services Department College Foster Child Care Program. Adopted by the Council of the City of Virginia Beach, Virginia on the 24th day of June, 2008. Requires an affirmative vote by a majority of all the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: CA 10788 R-2 June 18, 2008 I I , I I - 38 - Item V-J.12. ORDINANCES/RESOLUTIONS ITEM # 57765 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to GRANT permits allowing certain Emergency Medical Services (EMS) agencies to operate in the City of Virginia Beach: h. American Lifeline Medical Transport i. Children's Hospital of the King's Daughters Transport j. Life Evac of Virginia Air Medical Transport k. Medical Transport I. Network Medical Systems m. Eastern Shore Ambulance Service n. Nightingale Air Ambulance 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 1. Wood Council Members Voting Nay: None Council Members Absent: None June 24,2008 I I I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 AN ORDINANCE TO GRANT PERMITS ALLOWING CERTAIN EMERGENCY MEDICAL SERVICES AGENCIES TO OPERATE IN THE CITY OF VIRGINIA BEACH WHEREAS, pursuant to City Code Section 10.5-2, any organization that operates an emergency medical services agency or any emergency medical services vehicle within the City must first obtain a permit from City Council, and such permits must be renewed on an annual basis; and WHEREAS, applications for permit renewals have been received by the following agencies: American Lifeline Medical Transport, Children's Hospital of the King's Daughters Transport, Life Evac of Virginia Air Medical Transport, Medical Transport, Network Medical Systems, Eastern Shore Ambulance Service, and Nightingale Air Ambulance; and WHEREAS, the above-listed private ambulance agencies perform services not provided by the City's volunteer rescue squads, such as non-emergency inter-facility transports, which include both basic and advance life support calls. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH; 1. That the City Council hereby grants Emergency Medical Services permits to the following agencies: American Lifeline Medical Transport, Children's Hospital of the King's Daughters Transport, Life Evac of Virginia Air Medical Transport, Medical Transport, Network Medical Systems, Eastern Shore Ambulance Service, and Nightingale Air Ambulance. 2. That these permits shall be effective from July 1, 2008 until June 30, 2009. Adopted by the City Council of the City of Virginia Beach, Virginia, on this24th day of June , 2008. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: .'-:/ / 4 ~dl -. &:;.-/ ~t:p;,,- C~L . "AV~~''f:O Emergency Medical Services ' CA10714 R-2 June 9, 2008 I I , I I - 39 - V-K. PLANNING ITEM 57766 1. JOHN SARGENT NONCONFORMING USE 2. GLEN and VERONICA CUNNINGHAM STREET CLOSURE 3. MILDRED FRAZIER and REED GODFREY VARIANCE 4. CHECKERED FLAG MOTOR CAR CO., INC. CONDIITONAL USE PERMIT 5. BOBBY ROWE'S DIESEL SERVICE, INC. CONDITIONAL USE PERMIT 6. ROBYN D. VASILE CONDITIONAL USE PERMIT 7. MAR VIN M. and GA YLE B. ROLLINS CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT 8. HOME ASSOCIATES OF VIRGINIA, INC. MODIFICATION OF PROFFERS (Approved June 13, 2006 for LBH,LLC 9. CATHOLID DIOCESE OF RICHMOND MODIFICATION OF CONDITIONS (Approved November 10,1986 at St. Gregory the Great) 10. CILOU, L.L.c. MODIFICATION OF CONDITIONS (Approved May 12, 19921 October 29, 1996 (M.R. and Mary R. WelchlOctober 13, 1992 (McKenzie Construction Corporation) 11. CITY OF VIRGINIA BEACH a. AMEND, Section 212 of the City Zoning Ordinance (CZO), and ADD a new Section 212.2, re motor vehicle signs b. AMEND, Appendix D - Stormwater Management Ordinance re variances c. AMEND, Appendix F - Chesapeake Bay Preservation Area Ordinance re maintenance agreements for structural best management practices, post development runoff load and impervious cover June 24,2008 I I "I I - 40- Item V-K. ITEM 57767 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, Items 1, 2, 3, 4 (DEFERRED), 5, 6, 7 a/b, 9, 10 and 11 b. of the PLANNING BY CONSENT AGENDA Item K.4 (CHECKERED FLAG MOTOR CAR CO., INC.) was DEFERRED BY CONSENT, until the City Council Session of July 8,2008. Voting: I 1-0 (By ConsentO 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 Councilman DeSteph DISCLOSED and ABSTAINED, pursuant to Section 2.2-311 5(E), Code of Virginia, re City Council's discussion and vote on the application of CILOU, L.L.C. for a modification of conditions for property located at 588 Central Drive. Councilman DeSteph is a member of CILOU, L.L.C. and has a personal interest in the corporation. Councilman DeSteph's correspondence of June 24, 2008, is hereby made a part of the record. June 24,2008 I I "I I - 41 - Item V-Kl. ITEM 57768 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Application of JOHN SARGENT for Expansion of a Nonconforming Use for expansion and alterations at 203 62nd Street. RESOLUTION AUTHORIZING THE ENLARGEMENT OF A NONCONFORMING USE FOR JOHN SARGENT Resolution authorizing the Enlargement of a Nonconforming Use on property located at 203 62nd Street (GPIN 24197233980203) for John Sargent The following condition shall be required: 1. The applicant shall obtain all the necessary permits from the Permits and Inspections Division of the Planning Department and a Certificate of Occupancy from the Building Ofjic ial. 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 June 24, 2008 I I 1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF 2 A NONCONFORMING USE ON PROPERTY LOCATED AT 3 203 62nd STREET, L YNNHA VEN DISTRICT 4 WHEREAS, John Sargent (hereinafter the "Applicant"), has made application to 5 the City Council for authorization to enlarge a nonconforming use with additions to a 6 duplex structure on a certain lot or parcel of land having the address of 203 62nd Street, 7 in the R-5R Zoning District; and 8 9 WHEREAS, the said use is nonconforming, as the parcel contains both a single- 10 family dwelling (garage apartment) and a duplex, which is not presently allowed in the 11 R-5R Zoning District but was constructed prior to the adoption of the Zoning Ordinance; 12 and 13 14 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 15 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 16 City Council authorizing such action upon a finding that the proposed use, as enlarged, 17 will be equally appropriate or more appropriate to the zoning district than is the existing 18 use; 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That the City Council hereby finds that the proposed use, as enlarged, will be 24 equally appropriate to the district as is the existing use. 25 26 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 27 BEACH, VIRGINIA: 28 29 That the enlargement of the duplex dwelling is hereby authorized, upon the 30 following condition: 31 32 The applicant shall obtain all necessary permits from the Permits and Inspections 33 Division of the Planning Department and a Certificate of Occupancy from the Building 34 Official. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day of 37 June, 2008. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 0ft'?f/W) ;J!;JJ~ City Attorney's Office CA10615/R-1/January 29,2008 I I . I I , - 42- Item V-X2. ITEM 57768 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance upon Application of GLEN and VERONICA CUNNINGHAM for the closure of an alley to incorporate this area into their existing single-family residential lot at 621 South Atlantic Avenue Ordinance upon application of Glen and Victoria Cunningham in the matter of closing, vacating and discontinuing a portion of that certain unimproved alley known as "7.5' X 50' PORTION OF ALLEY TO BE CLOSED (375 S.F./0.009 A C.) " as shown on that certain plat entitled: "PLAT SHOWING PORTION OF 15' ALLEY ADJACENT TO LOT 19, BLOCK 22 CROATAN BEACH MB. 24 P. 37 TO BE CLOSED VIRGINIA BEACH, VIRGINIA" DISTRICT 6 - BEACH The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlyingfee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, " approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the ac!Joining parcel. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. Said plat must include the dedication of a drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of Public Works and the City Attorney's offices, which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposedfor closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days (June 23, 2009) of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council's vote to close the right-of-way, this approval shall be considered null and void. June 24, 2008 Item V-K.2. PLANNING Voting: - 43 - ITEM 57768 (Continued) 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 1. Wood Council Members Voting Nay: None Council Members Absent: None "I I June 24,2008 I I II I I I 1 IN THE MATTER OF CLOSING, VACATING AND 2 DISCONTINUING A PORTION OF THAT CERTAIN 3 UNIMPROVED ALLEY KNOWN AS "7.5' X 50' 4 PORTION OF ALLEY TO BE CLOSED (375 5 S.F./0.009 AC.)" AS SHOWN ON THAT CERTAIN 6 PLAT ENTITLED: "PLAT SHOWING PORTION OF 7 15' ALLEY ADJACENT TO LOT 19, BLOCK 22 8 CROATAN BEACH M.B. 24 P. 37 TO BE CLOSED 9 VIRGINIA BEACH, VIRGINIA" 10 11 12 WHEREAS, Glen Cunningham and Veronica Cunningham, (the 13 "Applicants") applied to the Council of the City of Virginia Beach, Virginia, to have the 14 hereinafter described alley discontinued, closed, and vacated; and 15 16 WHEREAS, it is the judgment of the Council that said alley be 17 discontinued, closed, and vacated, subject to certain conditions having been met on or 18 before one (1) year from City Council's adoption of this Ordinance; 19 20 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 21 Virginia Beach, Virginia: 22 23 SECTION I 24 25 That the hereinafter described alley be discontinued, closed and vacated, 26 subject to certain conditions being met on or before one (1) year from City Council's 27 adoption of this ordinance: 28 29 All that certain piece or parcel of land situate, lying and being 30 in the City of Virginia Beach, Virginia, designated and 31 described as "7.5' X 50' PORTION OF ALLEY TO BE 32 CLOSED (375 S.F./0.009 AC.)" shown as the cross-hatched 33 area on that certain plat entitled: "PLAT SHOWING 34 PORTION OF 15' ALLEY ADJACENT TO LOT 19, BLOCK 35 22 CROATAN BEACH M.B. 24 P. 37 TO BE CLOSED 36 VIRGINIA BEACH, VIRGINIA" Scale: 1"=20', dated March 37 27, 2008, prepared by Gallup Surveyors & Engineers, LTD., 38 a copy of which is attached hereto as Exhibit A. 39 40 41 42 43 44 GPIN: 2426-39-5552-0000 1 I I "I I 45 SECTION II 46 47 The following conditions must be met on or before one (1) year from City 48 Council's adoption of this ordinance: 49 50 1. The City Attorney's Office will make the final determination regarding 51 ownership of the underlying fee. The purchase price to be paid to the City shall be 52 determined according to the "Policy Regarding Purchase of City's Interest in Streets 53 Pursuant to Street Closures," approved by City Council. Copies of said policy are 54 available in the Planning Department. 55 56 2. The applicant shall resubdivide the property and vacate internal lot 57 lines to incorporate the closed area into the adjoining parcel. The resubdivision plat 58 must be submitted and approved for recordation prior to final street closure approval. 59 Said plat must include the dedication of a drainage easement over the closed portion of 60 the alley to the City of Virginia Beach, subject to the approval of the Department of 61 Public Works and the City Attorney's office, which easement shall include a right of 62 reasonable ingress and egress. 63 64 3. The applicant shall verify that no private utilities exist within the right-of- 65 way proposed for closure. Preliminary comments from the utility companies indicate 66 that there are no private utilities within the right-of-way proposed for closure. If private 67 utilities do exist, the applicant shall provide easements satisfactory to the utility 68 companies. 69 70 4. Closure of the right-of-way shall be contingent upon compliance with 71 the above stated conditions within one (1) year of approval by City Council. If all 72 conditions noted above are not in compliance and the final plat is not approved within 73 one (1) year of the City Council vote to close the street, this approval will be considered 74 null and void. 75 76 SECTION III 77 78 1. If the preceding conditions are not fulfilled on or before June 23, 2009, 79 this Ordinance will be deemed null and void without further action by the City Council. 80 81 2. If all conditions are met on or before June 23, 2009, the date of final 82 closure is the date the street closure ordinance is recorded by the City Attorney. 83 84 3. In the event the City of Virginia Beach has any interest in the 85 underlying fee, the City Manager or his designee is authorized to execute whatever 86 documents, if any, that may be requested to convey such interest, provided said 87 documents are approved by the City Attorney's Office. 88 2 I I I I 89 90 91 92 93 94 95 96 97 SECTION IV A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor" and GLEN CUNNINGHAM and VERONICA CUNNINGHAM, as "Grantee." Adopted by the Council of the City of Virginia Beach, Virginia, on this 24 t&y of June , 2008. CA 10573 V:\applications\citylawprod\cycom32\ Wpdocs\D009\P004\00059307. DOC R-1 June 9, 2008 APPROVED AS TO LEGAL SUFFICIENCY: CityUffi:,e~wtUf/~ 3 EXHIBIT A 'b o o ~ ~ tA ~ ~ :;; z )i>'0'~ Ii./.a 0 ~ 'Iv~D O(} 0 ~ '3 'i Q 0 g 0 ?;:,~ :1i < ~g '" 6\:) , F~ ~~ "'~ ~ o\l\ if! '" 0> \ C21 ~a: g~ -\ oi \ j ~ r- '" r-O: lS g~ g oi !Xl oj -- a:i ,; r- '" ~n: 1-'" 0'" --,. ro oj l'l 85'45'45" E lQ7.5Q' total jQO.QQ' ~, ~ r- '" ",0: g~ !Ii ,; >- ~ ui '1 ~ :;)O~ ~~U ~~~ ~1ll6 ;<o~ w....=> in '6Q~ ",\Xu 00< F<:\ 0> ~\l\~ .gg~ ~,.. Vl ~~~ ~ '" 0 lS ~ " .. '" ~ 0 << ~ ~~~ () 0 :z is ~~: Z"->-.c( \X <5 .k 0:: ~~~~~ , ~O'j~ lJJ \:l 5 :> '0 o Z :.J lXl. g ~~~~! .. :x: 0 t- Q. -:i 1I1~c(gZ...c..> ~ <~<.)~~ t- !X:. c( '" w o r4:f'- ",OIO~ I- oi ~ In <lHIlWIl'l. cto....- C(,; << 5S00.!:.- '0 ,.'"" '" t- 0 0 Z '$"'- "';; zo:: a IU,L? ~ c..> l- e< -;a ~ ~ '" 5 " "? .~ ~ '1 " < tA ~ ......... 0:: w 'o'~ ~... g:; o '" "0 ~ 10 0: -... '" lJJ !Ii ::> oj ~\ c(~ << ()15 F ~ ~~ ~~ vi l;; ~n: 1-'" 0'" --,. '" oj '0 ~ on ..., (l"'ld - 31\'" "'NnQ>N~) O"lO~ N"I 1 "IO~:J ~ '(:' => ~g. .... ... Z 15 ~ 5 5 a :> :> ~~ <.) 0 5 5 <.) 0 t ~ + p ~~ ~ -~ Z Z 0: 0:: 5 a ~ ~ l 1 I I I I CUNNINGHAM Mo~ff~ ~S~ole Glen & Veronica Cunninl!ham , A~,b I.\. ~~ ~~ --"-XI~j\'\ , 'I ~) 'J~JH,Clt tfA \' / ""S\. ~ '% '\ I f~~ "",' ~_l' /1 \ ~L N / (1{3~~8\ \'\ ! / \ J : .~,l/{(~ ; /' 2 I/' ~ \, ~~. / 21 ..' 0 ~ ?if~l .', ~.~ / /j , .~~~ ~, ~./"~~~ 70 ~ Ldn / ~/ '1/ )0/\\>;1\ U~ ~ i ~"3' / \ ~ /~: ~.vl~~ ~~ nv~~/ .:..-001/ / :YC ,'~ II r ~ /~) -0t'i~ 1\ ~ ;uf~;. G~~' Y ~j ~c--lX' I!~ ~--.:;:;-:.--::-:; ~ ~Xl....f Y / . ~ ....~/ ~ ~ 22 -..: / ;<- -- ~ ~ 2 1;; ~~~//Ola~LI? ~h~ ~~~' \~ ~ 2 ~~-/ ywj ~9 -.;I I' 012~ ~!~y~ ~4 ~.' ... v- L.. \ri' ()IX \ ~ Uf -\ '\ \ \-T007\ V~ (~-r\ /' ~ I>' ~ r,' s ~ ~ Street Closure Relevant Information: · Beach District · Applicants request closure of half of the unimproved alley behind their property in Croatan so they may incorporate the area into their lot. . Viewers met and determined that the proposed closure will not result in a public inconvenience; therefore, they recommend closure of the right-of-way. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (9-0) · No opposition (Consent Agenda). "I I - 44- Item V-K.3. ITEM 57770 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED a Variance to 94.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO), subdivision for MILDRED FRAZIER and REED GODFREY: Application of Mildred Frazier and Reed Godfrey for an Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance. Property is located at 1680 Godfrey Lane (GPIN 2409230703). DISTRICT 5 -LYNNHAVEN The following conditions shall be required: 1. The parcels shall be subdivided and recorded as depicted on the plan entitled "Preliminary Subdivision of Property of Allie 0. Godfrey Property" prepared by the Gallup Surveyors & Engineers, dated July 25, 2007. This exhibit is on file with the Planning Department. 2. As reported to the Chesapeake Bay Preservation Area Board, both lots shall connect to City sewer, located in the public right-ofway in Godfrey Lane or as otherwise deemed acceptable to the Department of Public Utilities. 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 1. Wood Council Members Voting Nay: None Council Members Absent: None June 24, 2008 I I ,"I I , - 45- Item V-K.4. ITEM 57771 PLANNING Upon motion by Vice Mayor Jones. seconded by Councilman Dyer, City Council DEFERRED until the City Council Session of July 8,2008, Ordinance upon application of CHECKERED FLAG MOTOR CAR CO., INC. for a Conditional Use Permit re motor vehicle sales and service: ORDINANCE UPON APPLICATION OF CHECKERED FLAG MOTOR CAR Co., INC. FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES AND SERVICE Ordinance upon application of CHECKERED FLAG MOTOR CAR Co., INC. for a Conditional Use Permit for motor vehicle sales and service on property located at 5070 Virginia Beach Boulevard (GPIN 1467960131). DISTRICT 4 - BAYSIDE 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 June 24, 2008 I I ,II I I i - 46- Item V-K5. ITEM 57772 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance upon application of BOBBY ROWE'S DIESEL SERVICE, INC.for a Conditional Use Permitfor small engine repair/automobile repair garage: ORDINANCE UPON APPLICATION OF BOBBY ROWE'S DIESEL SERVICE,INC. FOR A CONDITIONAL USE PERMIT FOR SMALL ENGINE REPAIR/AUTOMOBILE REPAIR GARAGE R060835275 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of BOBBY ROWE'S DIESEL SERVICE, INC. for a Conditional Use Permit for small engine repair/automobile repair garage on property located at 1333 Harpers Road, Suite 107, Unit D (GPIN 24163031410107). DISTRICT 6 - BEACH The following conditions shall be required: 1. There shall be no outside repair of small engines and boats on the site. 2. There shall be no outside storage of equipment, engines, tools, fuel or boats on the site. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of June Two Thousand Eight 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 June 24, 2008 I I , I I - 47- Item V-K6. ITEM 57773 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance upon application of ROBYN D. VASILE for a Conditional Use Permit re home occupation (textile art): ORDINANCE UPON APPLICATION OF ROBYN D. VASILE FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (ART) R060835276 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of ROBYN D. VASILE for a Conditional Use Permit for a home occupation (art) on property located at 5713 Ranger Street (GP IN 1456848979). DISTRICT 2 - KEMPSVILLE. The following conditions shall be required: 1. In accordance with Section 234 of the City's Zoning Ordinance (CZO), not more than twenty (20) percent of the floor area of the dwelling unit and accessory structures shall be used in conjunction with the home occupation. 2. No permanent signs advertising the business shall be permitted, other than one as specifically permitted under Section 234 of the City's Zoning Ordinance, on the premises or installed on the lot or buildings on the lot at any time. 3. Sales to the general public of product or merchandise shall not be permitted on the property. 4. The home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance, Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of June Two Thousand Eight June 24, 2008 I I Item V-K.6. PLANNING Voting: - 48 - ITEM 57773 (Continued) 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 . I I June 24, 2008 I I II I I I - 49- Item V-K.7. ITEM 57774 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinances upon application of MARVIN M. and GAYLE B. ROLLINS at 609 Princess Anne Road for a Conditional Change of Zoning and Conditional Use Permit for mini-warehouses, ORDINANCE UPON APPLICATION OF MARVIN M ROLLINS AND GA YLE B. ROLLINS FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO CONDITIONAL B-2 Z06081214 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of MARVIN M ROLLINS AND GAYLE B. ROLLINS for a Change of Zoning District Classification from AG-2 Agricultural District to Conditional B-2 Community Business District Property is located at 609 Princess Anne Road (GPIN 2308895225). DISTRICT 7 - PRINCESS ANNE. The following conditions shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. AND, ORDINANCE UPON APPLICATION OF MARVIN M ROLLINS AND GAYLE B. ROLLINS FOR A CONDITIONAL USE PERMIT FOR MINI- WAREHOUSES. R060835277 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of MARVIN M ROLLINS and GAYLE B. ROLLINSfor a Conditional Use Permitfor mini-warehouses Property is located at 609 Princess Anne Road (GPIN 2308895225). DISTRICT 7 - PRINCESS ANNE. The following conditions shall be required: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "SITE PLAN CREEDS VILLAGE CENTER" dated October 5, 2007, prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the City Council and is onfile with the Planning Department (hereinafter "Site Plan "). 2. A landscaping plan shall be submitted for review and approval by City Staff. The plan shall include a mixture of indigenous evergreen and deciduous trees and shrubs. There shall be no clearing in the 50-foot buffer adjacent to Oakum Creek. The landscape plan shall also include a preservation plan for the mature pecan tree fronting on Princess Anne Road. Street landscaping shall be installed along the length of right-ofway as indicated in the City Landscape Guide. June 24, 2008 I I "I I - 50 - Item V-K 7. ITEM 57774 (Continued) PLANNING 3. Fencingfor the site shall be similar to the adjacent mini-warehouse storage facility. 4. All storage of materials and equipment shall be within the buildings. 5. A photometric plan shall be submitted for review and approval by City Staff. Where lightingfixtures are installed along streets, in parking areas or on the building for illumination purposes, all fixtures shall be of an appropriate height and design and angled appropriately as to prevent any direct reflection toward adjacent uses and City streets. Lighting shall be directed and deflected down at the ground and not out horizontally or up in the air. These Ordinances shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of June Two Thousand Eight 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 June 24, 2008 I I .. I I CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-7031 DATE: June 13, 2008 TO: FROM: Leslie L. Lilley B. Kay WilSO~ DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Marvin M. Rollins and Gayle B. Rollins The above-referenced conditional zoning application is scheduled to be heard by the City Council on June 24, 2008. I have reviewed the subject proffer agreement, dated January 7,2008 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/bm Enclosure cc: Kathleen Hassen PREPARED BY: Isms. ROURDON. AHIRN & IIVY. P.L MARVIN M. ROLLINS and GAYLE B. ROLLINS, husband and wife TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this '1h day of January, 2008, by and between MARVIN M. ROLLINS and GAYLE B. ROLLINS, husband and wife, Grantors; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantors are the owners of a certain parcel of land located in the Princess Anne District of the City of Virginia Beach, containing approximately 2.783 acres, which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the "Property"; and WHEREAS, the Grantors have initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from AG-2 Agricultural District to Conditional B-2 Community Business District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantors' proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. GPIN: 2308-89-5225 1 I I PREPARED BY: I SVICfS. ROURDON. AlUJlN & lIVY. P.C NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and. upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "SITE PLAN CREEDS VILLAGE CENTER", dated October 5,2007, prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2. When the Property is developed, the buildings designated "Proposed Restaurant" and "Proposed Self Storage" depicted on the Site Plan will have the architectural. design and will utilize building materials substantially as depicted on the photographic exhibit designated "CREEDS VILLAGE", dated January 7, 2008, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Picture Renderings"). 3. When the Property is developed, the building designated "Proposed Office/Warehouse" depicted on the Site Plan will have the architectural design, including an eight foot (8') deep porch feature and will utilize building materials substantially as depicted on the photographic exhibit designated "OFFICE WAREHOUSE at CREEDS VILLAGE" dated January 7, 2008, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Office/Warehouse Rendering"). 4. When the Property is developed, the color of the exterior siding of the buildings designated "Proposed Office/Warehouse" and "Proposed Self Storage" on the Site Plan shall be "Ash Grey" as depicted on the palette of "COMMERCIAL INDUSTRIAL COLORS" provided by Heritage Building Systems, with the color of the roll up doors on the Office/Warehouse Building to match. The color of the exterior siding of the building 2 I I PREPARED BY: I Wn:S. BOURDON. ,\lItRN & lM'. P.c. designated "Proposed Restaurant" on the Site Plan shall be "Natural Clay" as depicted on the palette of colors for "Northwoods Siding" provided by Certainteed. The raised seem metal roofs on each of the buildings depicted on the Site Plan shall be Rustic Red in color, as depicted on the palette of "COMMERCIAL INDUSTRIAL COLORS" provided by Heritage Building Systems. The color palettes as referenced herein have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Color Palettes"). 5. There will be no building mounted signs on the exterior of the building designated "Proposed Office/Warehouse". 6. The only freestanding sign shall be an externally illuminated monument style sign no greater than eight feet (8') in height in the area designated on the Site Plan. 7. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. 8. When the Property is developed, only the following uses will be permitted: a. Eating and drinking establishments without drive-through windows; b. Business studios, offices and clinics; c. Retail establishments; d. Repair and sales for radio and television and other household appliances and small business machines; and e. Mini-warehouses. 9. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to B-2 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, 3 PREPARED BY: II sms. ROUROON. AlUllN & UVY. P.c. amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 4 WITNESS the following signatures and seals: Grantors: Jn~ :h4, aa-lL , Marvin M. Rollins c&~~1-~ ~(SEAL) Ga . Rollins (SEAL) STATE OF VIRGINIA CI1Y OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this CJ!b day of January, 2008, by Marvin M. Rollins and Gayle B. Rollins, husband and wife, Grantors. My Commission Expires: Notary Registration No.: ClIldiJ.l,,~~~ rr- Notary Pub c '. '. ~ 3~ ~II . '.'~<f1. :J. -n 3/1 ~:'. I, .0 II /" ~ r .~ @. f- "~"_. .t;.:~' " . .:~: , 0 v ... t ,.' '- . "~"" I ;.,.<>" .r') ,-,' . , I! J ,-~ I . . . ' ". . 5 PREPARED BY: I SVUS. BOURDON. AHrnN & UVY. P.c. EXHIBIT "A" ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as Parcel C, containing 2.783 acres, as shown on that certain plat entitled, "Subdivision of Property of Marvin C. Etheridge, et ux, D.B. 713, pg. 440, 37, M.B. 69, Pg. 35, Pungo Borough, Virginia Beach, Virginia", dated April, 1988, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2814, at Page 1510. GPIN: 2308-89-5225 ConditionalRezone/Rollins/CreedsVillageCenter /Proffer 6 I I - 51 - Item V-K8. ITEM 57775 PLANNING Attorney R. E. Bourdon, Pembroke Office Park- Building One, 281 Independence Boulevard, Phone: 499- 7143, represented the applicant (Sherwood Lakes) and advised the 2006 proposal had the retail parcel in the northeast corner of the development adjacent to a dedicated City Park. By relocating this retail site to a location infront of the southern lake, a curb cut on Princess Anne Road could be eliminated and a larger park site and open space buffer could be dedicated to the City. The applicant is proposing to relocate the commercial sites (retail and restaurant) such that each will front from Princess Anne Road, but will have vehicular access from the main entrance road to the development rather than on Princess Anne Road. This will allow the entire buffer area adjacent to Princess Anne Road to be dedicated to the City. There is no increase in the acreage. There is more than 100 feet between the berm and the existing right-of way. Upon motion by Councilman Villanueva, seconded by Councilman Diezel, City Council ADOPTED Ordinance upon application of HOME ASSOCIATES OF VIRGINIA, INC. for a Modification of Proffers for a request approved by City Council on June 13, 2006 (LBH, 1.1. C). ORDINANCE UPON APPLICATION OF HOME ASSOCIATES OF VIRGINIA, INC FOR A MODIFICATION OF CONDITIONS FOR A REQUEST APPROVED BY CITY COUNCIL ON JUNE 13, 2006 (LBH, 1.1. C). BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of HOME ASSOCIATES OF VIRGINIA, INC for a Modification of Proffers for a request approved by City Council on June 13, 2006 (LBH, 1.1. C). Property is located on the west side of Princess Anne Road, approximately 1950 feet south of Sandbridge Road (GPINs 2414014092; 2404809627; 2403698016; 2403890019; -890088; - 798068; -3035). DISTRICT 7 - PRINCESS ANNE. The following condition shall be required: 1. An agreement encompassing Modified Proffers shall be recorded with the Clerk of Circuit Court and is hereby made a part of the record. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of June Two Thousand Eight June 24,2008 Item V-K.S. PLANNING Voting: 8-3 - 52 - ITEM 57775 (Continued) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, John E. Uhrin, Ron A. Villanueva, Rosemary Wi~onand JamesL. Wood Council Members Voting Nay: Barbara M Henley, Reba S. McClanan and Mayor Meyera E. Oberndorf Council Members Absent: None II I I I June 24, 2008 I I CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-7061 DATE: June13,2008 TO: FROM: Leslie L. Lilley B. KaYWilSO~ DEPT: City Attorney OEPT: City Attorney RE: Conditional Zoning Application; Home Associates of Virginia, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on June 24, 2008. I have reviewed the subject proffer agreement, dated February 28, 2008 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/bm Enclosure cc: Kathleen Hassen FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS HOME ASSOCIATES OF VIRGINIA, INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CI'IY OF VIRGINIA BEACH, a municipal corporation ofthe Commonwealth of Virginia THIS AGREEMENT, made this 28th day of February, 2008, by and between HOME ASSOCIATES OF VIRGINIA, INC., a Virginia corporation, Grantor; and THE CIlY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of those certain parcels of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 243.827 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference "(the "Property"); and WHEREAS, the Grantor has initiated a modification to three (3) conditional amendments to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to modify conditions to the three (3) Zoning Classifications of the Property; and GPIN: 2414-01-4092 2404-80-9627 (Part of) 2403-69-8016 2403-88-6753 2403-89-0088 2403-79-8068 2403-79-3035 .:'HEPARED BY: Prepared By: I SYI/IS. ROURDON. AllrRN &.llVY. P.c. R Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 1 PREPARED BY: WHEREAS, the Grantor has requested the Grantee to permit this modification of the following three (3) previously Proffered Covenants, Restrictions and Conditions: (a) The Proffer Agreement dated July 31, 2005 recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument #20060621000928840 (hereinafter "2006 Residential Proffers"); (b) The Proffer Agreement dated November 17, 2005 recorded in the afore referenced Clerk's Office as Instrument #20060621000928870 (hereinafter "2006 Restaurant Site Proffers"); and, (c) The Proffer Agreement dated November 17, 2005 recorded in the afore referenced Clerk's Office as Instrument #20060621000928860 (hereinafter "2006 Retail Site Proffers"), to reflect amended and relocated zoning district boundaries to the land use plans on the Property; and WHEREAS, the Grantor has requested that that portion of the Property containing approximately 39,196 square feet as described in Exhibit "B" as Parcel FX be rezoned from Conditional B-l.A Commercial District to P-1 Preservation District and that portion of the Property described in Exhibit "B" as Parcel FY, containing approximately 2.850 acres, be rezoned from Conditional PDH-2 and Conditional B-l.A to Conditional B-l.A; and WHEREAS, the Grantor has requested the Grantee to rezone that parcel described in Exhibit "B" as Parcel RX containing approximately 1.328 acres, and Parcel P containing 4.837 acres, from Conditional B-l.A Commercial District and Conditional PDH-2 to P-1 Preservation District; and WHEREAS, the Grantor has requested the Grantee to rezone that parcel described in Exhibit "B" as Parcel NR containing 2.305 acres from Conditional PDH-2 to Conditional B-l.A; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered. in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the I SY1([S. ROURDON. Am~RN & llVY. P.c. 2 R:EPARED BY: I ',YUS, DOURDON. \l4rnN & IIVY. P.L Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When Parcel NR is developed, it shall be developed substantially as shown on the exhibit entitled, "Conceptual Site Layout Plan of Sherwood Lakes Princess Anne Road/Seaboard Road Virginia Beach, Virginia", dated 02/28/08, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Site Plan"). 2. When Parcel NR is developed, the exterior of the building shall have the architectural features and colors substantially as depicted on the exhibit entitled, "RETAIL BUILDING WITH 10' WRAP AROUND PORCH", prepared by Land Planning Solutions, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Elevation"). 3. The only uses which shall be permitted on Parcel NR shall be: (a) Retail Establishments; (b) Specialty Shops; (c) Personal Service Establishments to include Spas; Cd) Art Galleries; (e) Florist, gift shops, stationary stores. 4. On Parcel NR all outdoor lighting shall shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. 3 5. When Parcel FY is developed, it shall be developed substantially as shown on the Site Plan. 6. When Parcel FY is developed, the exterior of the building shall have "low country", rurally compatible architectural features, high quality building materials and earth-tone colors. Detailed building elevations and a materials board shall be submitted to the Planning Department for review and approval prior to the review of any site plan for Parcel FY. 7. The only use which shall be permitted on Parcel FY shall be eating and drinking establishments without drive-thru windows. 8. -On Parcel FY all outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. 9. When Parcel NR and Parcel FY are developed, the open space areas, zoned PDH-2, adjacent to the entrance drive aisles shall be bermed and landscaped substantially as depicted and designated on the "LANDSCAPE DETAIL ENTRANCES TO COMMUNITY RETAIL AND RESTAURANT AT SHERWOOD LAKES Princess Anne Rd./Seaboard Rd. Virginia Beach, VA", dated 02/28/08, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Landscape Detail"). 10. The Covenants, Restrictions and Conditions set forth herein replace and supersede the 2006 Restaurant Site Proffers and the 2006 Retail Site Proffers. 11. The zoning district classification for Parcel FX and Parcel RX is hereby changed from B-lA to P-l. 12. The zoning district classification for Parcel P is hereby changed from PDH-2 to P-l. 13. Those Proffered Covenants, Restrictions and Conditions contained in the 2006 Residential Proffers applicable to the remaining portions of the Property zoned PDH-2, with an underlying R-IO Residential District as set forth in those certain Proffered Covenants, Restrictions and Conditions recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument #20060621000928840 remain in full force and effect. 'l'lEPARED BY: 14. Further conditions may be required by the Grantee during detailed Site Plan OJ '1YI(IS. Rq~N. and/ or Subdivision review and administration of applicable City Codes by all cognizant II \limN & u.v I. P.c. City agencies and departments to meet all applicable City Code requirements. 4 I I All references hereinabove to the B-lA, P-1 and PDH-2 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to 'BEPARED BY: deny the issuance of any of the required building or occupancy permits as may be I "yn:s. ROURDON. appropriate; ),JIrnN & UVY. P.c. 5 I I ~EPARED BY: I SVIc:IS. ROUROON. AHrnN &. UVY. P.c. (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4)' The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. 6 ;)I~EPAREO BY: II NUS. ROURDON. \JIrnN & llVY. P.c. WITNESS the following signature and seal: Grantor: Home Associates of Virginia, Inc., a Virginia corporation By: (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 29th day of February 2008, by James M. Arnhold, Chairman of Home Associates of Virginia, Inc., a Virginia corporation, Grantor. My Commission Expires: Notary Registration No.: August 31, 2010 192628 .',. . " 7 I I "'IAEPARED BY: II wns. ROURDON. \lImN & lIVY. P.C EXHIBIT "A" LEGAL DESCRIPTIONS PARCEL ONE: ALL THAT certain lot, piece or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in the Princess Anne Borough of the City of Virginia Beach, Virginia, and being shown and designated as PARCEL "A" 1,481,191.00 Sq. Ft. or 34.00 AC., on that certain plat entitled "SUBDMSION OF PROPERTY OWNED BY DAVID B. HILL, JR. (D.B. 2522, PF. 1294) Princess Anne Borough, Virginia Beach, Virginia", dated December 18, 1990, prepared by Miller- Stephenson & Associates, P.C., which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 212, at Page 5. GPIN: 2414-01-4092 PARCEL TWO: ALL THAT certain tract or parcel of land, with the improvements thereon and all sand, minerals, mining rights, licenses, permits, and all other appurtenances thereunto belonging, situate, lying and being in Princess Anne Borough, Virginia Beach, Virginia, known, numbered and designated as "A - 102.96 Ac." as shown on the plat entitled "Survey of Property of Evelyn L. McKnight and Land Farm Co., Inc., Map Book 102, Page 23 (erroneously referred to as Map Book 91 at Page 52 in prior deed), Princess Anne Borough, Virginia Beach, Virginia", made by W.B. Gallup, Surveyors, dated April 21, 1969, revised November 23, 1973, duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia simultaneously with a Deed dated February 22, 1974 from Evelyn L. McKnight and William R. McKnight to Capricorn Associates, which Deed is recorded in Deed Book 1403, at Page 687, in the Clerk's office, said parcel being of the dimensions as shown on said plat tow which reference is hereby made for a more particular description of said property. Less and Except that ten (10) foot strip which was conveyed to the City of Virginia Beach for road widening as recorded in the aforesaid Clerk's Office in Deed Book 2028, at Page 723. GPIN: 2404-80-9627 (Part of) PARCEL THREE: ALL THAT CERTAIN parcel of land, situated on the east side of Seaboard Road, Princess Anne Borough, City of Virginia Beach, Virginia, being designated as PARCEL C, as shown on that certain plat entitled "Plat of Property of Lee Edward Johnson Estate, Princess Anne Borough, Virginia Beach, Virginia", made by Harold R. Warren, Jr., Certified Land Surveyor, Virginia Beach, Virginia, dated April 15, 1968, recorded in the Clerk's Office of 8 I I ,; I I the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 78, at Page 49, reference to which plat is hereby made for a more particular description of said property. GPIN: 2403-69-8016 PARCEL FOUR: ALL THAT certain piece or parcel of land, situate in the City of Virginia Beach, Virginia, containing 43.770 acres shown and designated as "PARCEL 'B-1"', on that certain plat entitled "SUBDIVISION OF PROPERTY PARCEL B SURVEY OF PROPERTY OF E.L. McKNIGHT & LAND FARM CO., INC. (M.B. 102, P. 23)", made by Gallup Surveyors & Engineers, Ltd., dated 2, September 1988, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2816, at Page 1072. GPIN NO: 2403-88-6753 PARCEL FIVE: ALL THAT certain piece or parcel of land, situate in the City of Virginia Beach, Virginia, containing 7.162 acres shown and designated as "PARCEL 'B-4"', on that certain plat entitled "SUBDIVISION OF PROPERTY PARCEL B-1 AND THE REMAINS OF PARCEL B PROPERTY OF E.L. McKNIGHT & LAND FARM CO., INC. (D.B. 2816, P. 1072 Plat)", made by Gallup Surveyors & Engineers, Ltd., dated August 25, 1998, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 272, at Pages 95-96. GPIN: 2403-89-0088 PARCEL SIX: ALL THAT certain piece or parcel of land, situate in the City of Virginia Beach, Virginia, containing 5.219 acres shown and designated as "PARCEL 'B-5''', on that certain plat entitled "SUBDMSION OF PROPERTY PARCEL B-1 AND THE REMAINS OF PARCEL B PROPERTY OF E.L. McKNIGHT & LAND FARM CO., INC. (D.B. 2816, P. 1072 Plat)", made by Gallup Surveyors & Engineers, Ltd., dated August 25, 1998, which plat is recorded in the Clerk's Office ofthe Circuit Court of the City of Virginia Beach, Virginia, in Map Book 272, at Pages 95-96. GPIN: 2403-79-8068 PARCEL SEVEN: I'IREPAREO BY: II ,;yjC[S. DOURDON. ALL THAT certain piece or parcel of land, situate in the City of Virginia Beach, Virginia, .\.DrnN &LM.P.C. containing 46.625 acres shown and designated as "REMAINS OF PARCEL B - 'NOT A BUILDING SITE'" on that certain plat entitled "RESUBDIVISION OF PROPERTY 9 I I ','BEPARED BY: IB 'NUS. ROURDON. II\JltRN & LM'. P.c. PARCELS B-2, B-3 AND THE REMAINS OF PARCEL B PROPERTY OF E.L. McKNIGHT & LAND FARM CO., INC.", made by Gallup Surveyors & Engineers, Ltd., dated June 10, 1999, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 278, at Pages 15-17. GPIN: 2403-79-3035 10 EXHIBIT "B" ZONING PARCEL DESCRIPTIONS PARCEL 'FX' B-lA TO P-1 Commencing at a point along the western right-of-way line of Princess Anne Road, a variable width right-of-way, said point being 1973.88' from Sandbridge Road; thence along Princess Anne Road S 32014'45" W a distance of 1,526.80' to a monument; thence S 36007'05" W a distance of 154.61' to the point of beginning; thence S 28026'05" W a distance of 261.31' to a point; thence departing Princess Anne Road, N 61033'55" W a distance of 150.00' to a point; thence N 28026'05" E a distance of 261.31' to a point; thence S 61033'55" E a distance of 150.00' to the point of beginning. Said property contains 39,196 square feet or 0.90 acres. PARCEL 'RX' B-lA TO P-1 Beginning at a point along the western right-of-way line of Princess Anne Road, a variable width right-of-way, said point being 1973.88' from Sandbridge Road; thence along Princess Anne Road S 32014'45" W a distance of 385.67' to a point; thence departing Princess Anne Road N 57026'32" W a distance of 150.00' to a point; thence N 32031'47" E a distance of 385.68'; thence S 57026'25" E a distance of 150.00' to the point of beginning. Said property contains 57,851 square feet or 1.328 acres. PARCEL "P" (PARK SITE) PDH-2 AND B-lA TO P-1 COMMENCING AT A POINT ALONG THE WESTERN LINE OF PRINCESS ANNE ROAD, A VARIABLE WIDTH RIGHT-OF WAY, SAID POINT BEING 1973.88 FEET FROM SANDBRIDGE ROAD; THENCE DEPARTING PRINCESS ANNE ROAD NORTH 570 26' 23" WEST, A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 320 14' 45" WEST, A DISTANCE OF 238.69 FEET TO A POINT; THENCE NORTH 570 26' 23" WEST, A DISTANCE OF 761.55 FEET TO A POINT; THENCE NORTH 130 03' 23" WEST, A DISTANCE OF 341.26 FEET TO AN IRON PIN FOUND; THENCE SOUTH 570 26' 23" EAST, A DISTANCE OF 1,004.14 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 210,721 SQUARE FEET OR 4.837 ACRES. PARCEL "PY" (MODIFIED RESTAURANT PARCEL) COMMENCING AT A POINT ALONG THE WESTERN LINE OF PRINCESS ANNE ROAD, A VARIABLE WIDTH RIGHT-OF-WAY, SAID POINT BEING 1973.88 FEET 'REP"RED8Y: FROM SANDBRIDGE ROAD; THENCE CONTINUING ALONG PRINCESS ANNE ROAD m ~'YK[S. ROURDON. SOUTH 320 14' 45" WEST, A DISTANCE OF 1,526.80 FEET TO A CONCRETE IIllifRN&lfVY.P.C. MONUMENT; THENCE SOUTH 36007' OS" WEST, A DISTANCE OF 138-42 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 360 07' 05" WEST, A DISTANCE OF 11 "'REP>\RED BY: IB<YUS. ROURDON. II \limN & tM. P.C 16.19 FEET TO A CONCRETE MONUMENT; THENCE SOUTH 280 26' 05" WEST, A DISTANCE OF 88.96 FEET TO A POINT; THENCE DEPARTING PRINCESS ANNE ROAD NORTH 610 33' 55" WEST, A DISTANCE OF 150.00 FEET TO A POINT; THENCE SOUTH 280 26' 05" WEST, A DISTANCE OF 294.00 FEET TO A POINT; THENCE NORTH 610 33' 55" WEST, A DISTANCE OF 117.00 FEET TO A POINT; THENCE NORTH 280 26' 05" EAST, A DISTANCE OF 83.00 FEET TO A POINT; THENCE NORTH 610 33' 55" WEST, A DISTANCE OF 138.00 FEET TO A POINT; THENCE NORTH 160 33' 55" WEST, A DISTANCE OF 106.07 FEET TO A POINT; THENCE NORTH 280 26' 05" EAST, A DISTANCE OF 166.00 FEET TO A POINT; THENCE NORTH 730 26' 05" EAST, A DISTANCE OF 106.07 FEET TO A POINT THENCE SOUTH 610 33' 55" EAST, A DISTANCE OF 407.16 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 124,133 SQUARE FEET OR 2.850 ACRES. PARCEL "NR" (NEW LIMITED RETAIL PARCEL) COMMENCING AT A POINT ALONG THE WESTERN LINE OF PRINCESS ANNE ROAD, A VARIABLE WIDTH RIGHT-OF WAY, SAID POINT BEING 5,647-49 FEET FROM SAND BRIDGE ROAD; THENCE ALONG SAID RIGHT-OF-WAY NORTH 280 26' 05" EAST, A DISTANCE OF 231.89 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING PRINCESS ANNE ROAD NORTH 610 32' 54" WEST, A DISTANCE OF 252.82 FEET TO A POINT; THENCE NORTH 280 26' 05" EAST, A DISTANCE OF 833.38 FEET TO A POINT; THENCE SOUTH 610 33' 55" EAST, A DISTANCE OF 102.46 FEET TO A POINT; THENCE SOUTH 280 26' 05" WEST, A DISTANCE OF 733.34 FEET TO A POINT; THENCE SOUTH 610 35' 28" EAST, A DISTANCE OF 150.00 FEET TO A POINT; THENCE SOUTH 280 26' 05" WEST, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 100,386 SQUARE FEET OR 2.305 ACRES. ModificationofProffers/HomeAssociatesoNirginia/SherwoodLakes/Proffer 12 II I I i - 53 - Item V-K.9. ITEM 57776 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance upon application of CATHOLIC DIOCESE OF RICHMOND for a Modification of Conditions (approved by City Council on November 10, 1986, at St. Gregory the Great) 5345 Virginia Beach Boulevard, to allow the construction of a prefabricated metal storage building on a slab ORDINANCE UPON APPLICATION OF CATHOLIC DIOCESE OF RICHMOND FOR A MODIFICATION OF CONDITIONS FOR A REQUEST APPROVED BY CITY COUNCIL ON NOVEMBER 10, 1986 (ST. GREGORY THE GREAT, CATHOLIC DIOCESE OF RICHMOND). BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CATHOLIC DIOCESE OF RICHMOND for a Modification of Conditions for a request approved by City Council on November 10, 1986 (St. Gregory the Great, Catholic Diocese of Richmond). Property is located at 5345 Virginia Beach Boulevard (GPIN 1467567211). DISTRICT 2 - KEMPSVILLE. The following conditions shall be required: 1. The storage facility shall be located on the site in substantial accordance with the submitted marked-up "Topographic Survey of a Portion of Parcel A-I" prepared by the Spectra Group, Inc. and dated 05/18/07. A copy of this plan has been exhibited to the City Council and is onjile in the Planning Department. 2. The storage facility shall mimic the exterior building materials, with respect to color and material, of the existing church, and shall be substantially in conformance with the submitted elevations. A copy of the submitted elevations has been exhibited to the City Council and is onjile in the Planning Department. 3. A minimum three (3) foot wide foundation landscape area shall be provided on the east, west and south sides of the storage facility. 4. One (1) shrub per four (4) linear feet of building length must be provided within the foundation landscape area. All foundation landscape area shrubs shall have a minimum height of eighteen (J 8) inches at time of planting. 5. The applicant shall obtain all necessary permits and inspections from Planning/Permits and Inspections Division. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of June Two Thousand Eight June 24, 2008 Item V-K.9. PLANNING Voting: - 54 - ITEM 57776 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 II I I I June 24, 2008 I I - 55 - Item V-KIO. ITEM 57777 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance upon application ofCILOU, L.L.c. for a Modification of Conditions [approved by City Council on May 12,1992, and October 29,1996, (M R. & Mary R. Welch), October 13,1992 (McKenzie Construction Corp.)], at 588 Central Drive re eliminating all previous conditions and establishing new conditions for the entire site ORDINANCE UPON APPLICATION OF CILOU, L.L.e. FOR A MODIFICATION OF CONDITIONS FOR REQUESTS APPROVED BY CITY COUNCIL ON MAY 12, 1992 (M R. & MARY R. WELCH), OCTOBER 13, 1992 (MCKENZIE CONSTRUCTION CORP.), AND OCTOBER 29, 1996 (M R. WELCH). BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CILOU, L.L.e. for a Modification of Conditions for requests approved by City Council on May 12, 1992 (M R. & Mary R. Welch), October 13, 1992 (McKenzie Construction Corp.), and October 29, 1996 (M R. Welch). Property is located at 588 Central Drive (GP INs 1496767822; -4804). DISTRICT 6 - BEACH The following conditions shall be required: 1. All conditions attached to the Conditional Use Permit granted by the City Council on May 12, 1992; October 13, 1992; and October 29, 1996 shall be deleted and replaced with the following: a. The site shall be paved and striped in substantial conformance with the submitted marked-up "Physical survey of Lot 24, London Bridge Industrial Park II, Phase One and Lot 41, London Bridge Industrial Park II Phase Two for Ocean Properties, LLe. " prepared by John E. Sirine and Associates, LTD., and dated September 19, 2007. Said plan has been exhibited to the City Council and is on file with the Planning Department. b. Stormwater management facilities must be provided to control runoff in accordance with the provisions of the Stormwater Management Ordinance, c, No outside storage or repairs of new or used automotive parts will be allowed. d. All repair work must be performed within the building. e. No more than fifty (50) inoperative vehicles awaiting parts or undergoing damage evaluation for insurance processing may be stored on the subject site at any given time. No inoperative vehicle may be stored on-site for more than thirty (30) days. f The bulk storage yard and auto repair garage shall be enclosed by a minimum of a six (6) foot solid wood fence and Category VI landscaping. Category VI landscaping is not required around the office portion of the existing buildings. June 24, 2008 Ii I I i - 56 - Item V-K.I0. ITEM 57777 (Continuedl PLANNING g. The bulk storage yard may consist of at least six (6) inches of aggregate and shall be delineated with base-boards, curb stops or some other City-approved material to contain the aggregate on-site during the jirst jive (5) years after the date of the City Council approval of this 2008 Conditional Use Permit application. The entire site must be paved, curbed and guttered in accordance to City Code after the jirst jive (5) years of the date of City Council approval of this 2008 Conditional Use Permit application. h. All curb-cuts accessing the site shall be paved. i. The automotive repair garage parking area shall be paved, curbed and guttered. j. The applicant shall submit a photometric lighting plan during detailed site plan review. All outside lighting shall be directed onto the site. k. Should any additional sign be erected, it shall be a small, monument-style sign with landscaping in compliance with the provisions of the City Zoning Ordinance (CZO) pertaining to signs. 2. A landscape plan shall be submitted to Planning/Development Services Center in accordance with Section 5A of the Site Plan Ordinance and the landscape provisions listed above. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of June Two Thousand Eight June 24, 2008 "I I - 57 - Item V-K.IO. ITEM 57777 (Continuedl PLANNING Voting: 10-0 (By Consent) Council Members Voting Aye: 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 Abstaining: William R. "Bill" DeSteph Council Members Absent: None Councilman DeSteph DISCLOSED and ABSTAINED, pursuant to Section 2.2-3115(E), Code of Virginia, re City Council's discussion and vote on the application of CILOU, L.L. C. for a modification of conditions for property located at 588 Central Drive. Councilman DeSteph is a member of CILOU, L.L.c. and has a personal interest in the corporation. Councilman DeSteph's correspondence of June 24, 2008, is hereby made a part of the record. June 24,2008 "I I Citye>f Virgir1ia Beach VBgov.com BILL DESTEPH COUNCILMAN - AT-LARGE PHONE: (757) 496-4646 CELL: (757) 339-6105 BDESTEPH@VBGOV.COM In Reply Refer to: 0036335 June 24, 2008 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Section 2.2-3115(E), Code of Virginia Dear Mrs. Fraser: Pursuant to the Virginia Conflict oflnterests Act, Section 2.2-3115(E), Code of Virginia, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of CILOU, L.L.C. for a modification of conditions for property located at 588 Central Drive (GPINs 1496767822 and 1496764804). 2. I am a member of CILOU, L.L.c., which is located at 508 Central Drive Suite 105, Virginia Beach, Va. 23454, and I have a personal interest in the corporation. 3. I wish to disclose this interest and abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. 2401 COURTHOUSE DRIVE, VIRGINIA BEACH, VIRGINIA 23456 Mrs. Ruth Hodges Fraser -2- Re: Abstention Pursuant to Section 2.2-3115(E), Code of Virginia Thank you for your assistance in this matter. Sincerely, - ~'l Bill R. DeSteph Councilmember BRD/RRI "I I June 24, 2008 ,," I - 58 - Item V-K.ll.a. PLANNING ITEM #57778 Karen Lasley, Zoning Administrator, referenced the current, proposed and alternate City ordinances re Vehicular Advertising:. City Code Sec. 3-6 (a) No person shall drive or operate, on the streets of the City, any truck, van, wagon or other vehicle for the purpose of displavinl! anv announcement or advertisement. (b) This section shall not apply to business notices upon ordinary business trucks, vans, wagons or other vehicles, so long as such vehicles are engaged in the usual business or regular work of the owner and not used merelv or mainlv for advertisinl!. CZO Sec. 212 The following signs shall be prohibited in all districts: (h) Any sign displayed on an automobile, truck, or other motorized vehicle when that vehicle is used primarilv for the purpose of such advertisinl! displav. Concerns . Traffic safety . Traffic congestion . Air Quality . Aesthetics and Community Values - Virginia Beach has been a leader in reducing signage and other beautification efforts LOCALITY HAS IN ZONING IN CITY COMMENTS VEHICULAR ORDINANCE? CODE? SIGN ORDIN? CHESAPEAKE YES X Signs on vehicles prohibited if primary purpose of vehicle is for advertising. PORTSMOUTH YES X Prohibits signs on vehicles, but only when vehicle Is parked for >60 days and not used for transportation. NEWPORT YES X Signs on vehicles prohibited if NEWS primary purpose of vehicle Is for advertising. NORFOLK YES X Signs on vehicles prohibited if primary purpose of vehicle Is for advertising. HAMPTON YES X Prohibits only when vehicles are parked on private property. June 24,2008 I I , - 59 - Item V-Kll.a. PLANNING ITEM #57778 (Continued) . LOCALITY MOBILE ADVERTISING ALLOWED? Orlando, Florida No Charleston, SC No Hilton Head, SC No North Myrtle Beach, NC No Las Vegas, Nevada Yes. Restricts parked. Atlanta, GA Yes. Restricts parked. Savanna, GA No Miami, Florida Yes. Restricts parked. Planning Commission Review . Subcommittee work . January 14, 2008 workshop . April 28, 2008 workshop with draft regulations . May 14, 2008 formal public hearing Planning Commission Recommendation . Strengthen and clarify the City's current regulations . New Section 212.2 a) Signs are allowed on vehicles provided: . The vehicle is not primarily used for advertising . Signs other than those advertising the vehicle's business are limited to 2 signs, no greater than 6 square feet each b) Thefollowing signs are prohibited on vehicles: . Flashing, pulsating, rotating or blinking signs . Electronic changeable copy signs . Signs that change display by motion or pictorial imagery . Signs that project more than 1 foot above or that obscure the vision c) Primary use determination based on the following factors: . Revenue derived - advertising vs. non-ad. . Distance driven - advertising vs. non-ad. . Routing for non-advertising purposes . Type of business owner holds itself as . Other relevant factors Exemption Buses, trolleys and other vehicles primarily used to transport members of the general public are exempt, but, they must meet section 212.2(b) June 24, 2008 II I I I - 60- Item V-Kll.a. PLANNING ITEM #57778 (Continued) Vehicular Advertising Ordinance - Comparison of Ordinances Provision Current Proposed Alternate If primary use of vehicles is for Vehicle may not display Same as current If any non-owner advertising advertising advertising ordinance(vehicle not is on vehicle, maximum of allowed on pubic street four (4) signs with maximum or if visible from public combined areas of 250 square street) feet and maximum are of 90 square feet for anyone sign (owner or non-owner ads) Ifprimary use of vehicle isfor No restrictions on type, No restrictions on signs Not applicable; if vehicle is non-advertising purposes number or size of signs advertising vehicle used exclusively to advertise (can display any owner's business; other the vehicle owner's business, number or size of ads advertising limited to 2 no limit on size or number of for vehicle owner's signs no larger than 6 signs business and/or any square feet each other sisma!!e) Determination of primary use Not addressed in Five specific factors Not applicable (test is whether of vehicle current ordinance used (income, signs advertise vehicle distance/time drive, owner's business exclusively) vehicle routing, how business holds itself out as) and 1 "catchall" allowing owner to provide any other relevant information Rotatingflashing, blinking et. Not addressed in Prohibits rotating, Rotating signs allowed; other Signs and projecting signs current ordinance flashing, blinking, etc types (blinking, flashing etc.) signs and signs that not allowed. Messages may project 1 foot above not change more often than vehicle or that obscure once every 4 seconds. vision of driver or other motorists Noncommercial signs Not addressed in Not addressed in Not addressed in ordinance, ordinance, but CZO Ordinance, but CZO but CZO allows any lawful allows any lawful allows any lawful noncommercial copy in lieu of noncommercial copy in noncommercial copy in any other copy lieu of any other copy lieu of any other copy Definition of "owner" and Not defined in current Public transportation Virginia Code definitions "motor vehicle" ordinance vehicles not covered, incorporated; trailers and except may not have other vehicles drawn by motor rotating, flashing, etc. vehicles also included siflns Other Public transportation Public transportation No limit on size and number vehicles not covered vehicles not covered, of signs on public except may not have transportation vehicles; rotating, flashing, etc. annual sign permits and fees signs required for non-owner ad signs larger than 15 square feet Deputy City Attorney advised in the new ordinance there is no limitation relative the signage allowed, as long as the owner of the vehicle advertises their business June 24, 2008 - 61 - Item V-K.ll.a. PLANNING ITEM #57778 (Continued) II I I I The Compromise Solution proposed by Council Members Villanueva and DeSteph Ordinance protects the City and promotes Small Business. Community Values - Small Business is Important "...the greatest growth sector in the (Virginia Beach) economy right now is small business" Mayor Oberndorf, April 2008 It is the City's policy to ... increase the participation of women and minority-owned businesses...and to provide maximum practical opportunities for such businesses." City Administrative Directive 08/31/07 Datafrom the Commissioner of the Revenue . Over 80% of businesses are small businesses . Small business generates over 60% of all gross receipts . Business licenses generate $4-MILLION in annual tax revenue from BPOL alone Traffic Distractions What do you think is the leading distraction causing accidents? Virginia Beach Police Department Motor Vehicle Crashes where a Driver's Distraction was listed on the Crash Re ort ~ Looking at roadside incident Driver fatigue Looking at scenery passenger( s) Radio/CD, etc. Cell phone (calls and texting) Eyes not on road Daydreaming Eating/drinking Adjusting vehicle controls Other Total: Data provided May 2008 Note: Admobile ads rotate every - 8 seconds 2005 229 87 53 114 51 114 301 41 21 27 799 1837 2006 245 92 33 146 49 118 335 44 28 25 913 2028 2007 224 100 43 114 37 89 329 52 20 22 736 1766 June 24, 2008 - 62- Item V-K.ll.a. PLANNING ITEM #57778 (Continued) Traffic Distractions/Accidents "I I . Federal and state research and laws say signs that change less often than every 4 seconds are not a distraction * . No identified safety concerns across the U.S. with rotating truck signs . City supports large transit ads and changing LED signs Proliferation of Ad-Only Trucks . U.S. cities that have embraced ad trucks have not seen a proliferation of ad-only trucks - Economics support about 1 truckfor every 500,000 in population - Operating costs, especially fuel prices, will continue to discourage expansion Density Of local "Admobile-type" Trucks In U.S. Cities + City Note: Admobile Hampton Roads does not operate "ad-only trucks" # of ad trucks Population (millions) Greater Atlanta 6 5.5 Greater Dallas 6 3 St. Louis 4 2.5 Kansas City 4 2 Greater Memphis 2 1.2 Des Moines 2 .7 Virginia Beach 1 .4 Ratio (population per truck) 917,OOO/truck 500,OOO/truck 625,OOO/truck 500,OOO/truck 600,OOO/truck 350,OOO/truck 440,OOO/truck SOLlfces Local ope/atol s (AdmobJle Atlanta Stleetlnse Media. AdmotJile of St LoUIs AdmotJile of Kansas City AdmobJle MemphiS Admobile of Cent/a! Imva Admobtle Hampton Roads) June 24, 2008 Ii I I I - 63 - Item V-K.l1.a. PLANNING ITEM #57778 (Continued) u.s. Outdoor Advertising Trends . Many companies are investing in advertising signs on motor vehicles - From bumper stickers to full vehicle wraps . Traditional billboard companies are investing in stationary digital billboards - they are not investing in mobile advertising Congestion . Admobile reduces congestion by replacing multiple delivery vehicles - 1 truck replaces 5+ trucks . Admobile regularly operates one truck in the City - Over 1 million vehicles in the City Has Admobile Been Operating Illegally In The City? No . City granted Admobile business licenses to do exactly what they are doing - Approved by the City zoning officials . Existing ordinance is vague - No objective criteria for "primary use" - Admobile trucks are used extensively for deliveries . Admobile has worked on compromise with City in lieu of litigation June 24, 2008 I ii I I i - 64- Item V-K.ll.a. PLANNING ITEM #57778 (Continued) Truck Ads Do Not Undermine City's Ability To Defend Billboard Ordinances . Changes in ordinances regarding signs on motor vehicles would not change any ability by the City to regulate billboards . All billboards would continue to be banned; existing billboards in the City would continue to be nonconforming as a matter of law . Motor vehicles operate on public roads intended for commerce -- not within a landscaped setting Advised the Compromise Solution - Council Members Villanueva/DeSteph Amendment: AN ORDINANCE TO AMEND SECTION 212 OF THE CITY ZONING ORDINANCE AND ADD A NEW SECTION 212.2, PERTAINING TO PERMITTED SIGNS ON MOTOR VEHICLES DELETED SECTION See. 212. PHJhibited Signs (h) Any sign displayed 8n fin flul6mebik, trUe.'f, 8' ether m818,k,ed l'e.'1icle when thflt vehiele is IIsed p1'imfl,ily f8' the pllrfJ8se of such fldverusing displflY. ADDED SECTION (page 1) Sec. 212.2. Motor vehicle siIms. (a) Signs displayed on motor vehicles operated or parked on a public street or in such location as to be visible from the main traveled way of a public street shall be permitted, provided the following requirements are met: (1) The motor vehicle is not partially or totally disassembled by the removal of tires and wheels, the engine or other essential parts requiredfor operation of the vehicle (2) The motor vehicle displays valid license plates and a valid inspection decal (3) The motor vehicle is not used solely for purposes of the display of advertising (4) No more thanfour (4) signs having a maximum combined area of two hundredflfty (250) square feet of shall be simultaneously displayed on a motor vehicle, and no sign shall exceed ninety (90) square feet in area; provided, however, that the provisions of this subdivision shall not apply to buses, trolleys or other motor vehicles used primarily for purposes of providing public transportation or to motor vehicles on which signs exclusively advertise the business of the owner of the vehicle June 24,2008 '"I I , - 65- Item V-K.ll.a. PLANNING ITEM #57778 (Continued) ADDED SECTION (page 2) (b) No motor vehicle shall be driven on any street within a residential subdivision for the purpose of displaying advertising, except as required by detour or upon order of a public safety employee of the City or state. (c) The following types of signs shall be prohibited while the motor vehicle on which they are displayed is operated or parked on a public street or in such location as to be visible from the main traveled way of a public street: (1) Flashing, pulsating or blinking signs (2) Signs in which the message displayed changes more frequently than once every four seconds (3) Electronic changeable copy signs, including signs containing light emitting diodes (LEDs),fiber optics, light bulbs or other illumination devices used to change the advertising displayed by such signs and (4) Signs that project more than one (1) foot above the portion of the motor vehicle to which they are affIXed or that obscure the vision of the driver of the motor vehicle or of other motorists ADDED SECTION (page 3) (d) Any sign greater thanft/teen (15) squarefeet in area that is displayed on a motor vehicle for purposes of advertising a business other than that of the owner of the vehicle shall require an annual permit issued pursuant to the provisions of Section 210.1. The fees for such permits shall be in accordance with the provisions of Section 8-31 (c) (13) of the City Code. (e) Violations of any of the provisions of this section shall be punishable in accordance with Section 104. (f) For purposes of this section: (1) "Motor vehicle" shall be defined in accordance with Virginia Code Section 46-2-100 or any successor statute, and shall also include any trailer or other vehicle drawn by or affIXed to a motor vehicle; (2) "Owner" shall be defined as set forth in Virginia Code Section 46.2-100 or any successor statute, and shall also include a lessee of a motor vehicle under a written lease. June 24, 2008 Item V-Kll.a. PLANNING Provision rohibits signs lJrimarilv for advertising governed by subjective criteria rohibits vehicles solelv for advertising estricts large non-owner advertising ruck signs nnual sign permit for larger non- wner signs estricts advertising in residential areas imits non-owner signs to 6 sq. ft. o flashing, blinking, etc. signs & rojecting signs o rotating signs xpressly allows transit ads rotects the City, promotes small usiness anguage is clear and defined The following registered to speak: I I - 66- ITEM #57778 (Continued) Dr. Maggie Sizer, 249 Central Park Avenue #350, Phone: 496-6010, Vice Chair - Hampton Roads Chamber of Commerce - Virginia Beach Division, voiced the opposition of the Chamber re the Planning Commission's proposed Amendment. Said statement is hereby made a part of the record. Brenda Armitage, 325 King Christian Road, Phone: 714-2772, student of Neighborhood Institute, spoke in support of the Villanueva/DeSteph Ordinance Cheryll Klobuchar, 758 Suffolk Lane, Phone: 463-4885, represented Virginia Beach Beautification Commission, and urged support of the Planning Commission's recommendation Barrett Stork, represented the Hampton Roads Realtors Associations and spoke in support of the Villanueva/DeSteph Ordinance Johnnie Miller, 4750 Post Oak Drive, Phone; 467-1549, spoke infavor of Planning Commissions recommendation Jeannette Willen brink, 605 Hudgins Court, Phone: 497-0700, spoke in support of the Planning Commission's recommendation. Steve Kelley, 7411 B Atlantic Avenue, Phone; 450-6019, spoke in support of the DeStephlVillanueva amendment. June 24, 2008 I I - 67- PLANNING ITEM #57778 (Continued) Steve Wade, 4801 Secure Court, Phone: 498-6543, spoke in support of DeSteph/Villanueva amendment Bob McKisson, McLean, Virginia Phone: 450-5300, advised advertising generates revenue Michael Hatten, 4876 Princess Anne, Phone: 961-8368, resident of Virginia Beachfor thirteen (13) months, relocated to start a small business. Greatly supports eliminating billboards, which block views; however, the Ad Mobile moves and does not obstruct the view. Rob Smithwick, 11 Kings Bay Drive, Cape Charles, Phone: 331-2031, spoke in support of the Ad Mobile and the Villanueva/DeSteph ordinance. Sarah Redfield, 1732 Keeling Road, Phone: 222-3431, represented Farm Fresh Charitable Foundation, and supported VillanuevalDeSteph Ordinance Elaine Clayton, 831 Kennedy Avenue, Owner and President - Ad Mobile, spoke in support of the VillanuevalDeSteph Ordinance Bruce Minter, 3761 Grey Dove Lane, Phone: 471-4209, Safety Advisory of Ad Mobile, spoke in support of the VillanuevalDeSteph Ordinance Martin Hierholzer, 1353 Baycliff Drive, Phone: 321-1929, owner of a veteran service disabled small business and Chairman of the Board - Virginia Beach Recovery Club, Inc. Mr. Hierholzer spoke in support of the VillanuevalDeSteph Ordinance Jim Tabor, 508 Windsor Castle Court, Phone: 463-2677, resident of Windsor Woods, spoke in support of the Villanuevan/DeSteph Ordinance. Planning Commission Ordinance seemed to target Ad Mobile Christine Kramer, 1520 Stonemoss Court, Phone: 578-8993, owner of a small company, Anchor Tidewater Mortgage, spoke in support of the Ad Mobile and the VillanuevalDeSteph Ordinance Ruby J. Webber, 6004 Atlantic Avenue, Phone: 572-5450, small business owner. The Ad Mobile is not a billboard.. Ms. Webber spoke in support of small business. Ad Mobile provides the opportunity for new ways to advertise. Shannon Rice, 1021 Culmer Drive, Phone: 373-1283, President of the Multiple Sclerosis Society of Hampton Roads. 'With the assistance of Ad Mobile, approximately $l-MILLION in contributions was raised. Matthew Ridnouer. 4001 Virginia Beach Boulevard, Phone; 486-0005, small business owner favors Ad Mobiles Barton H "Pat" Bridges, 1393 Naples Court, Phone: 716-2039, represented the Beautification Commission and spoke in support of the Planning Commission Ordinance Eric Brown, Mobile One Courier, 1457 Miller Store Road, Suite 101, Phone: 622-9500, business owner of a same day delivery company, spoke in support of the Ad Mobile and the DeSteph/Villanueva Ordinance Mary White, Co-owner of Ad Mobile, spoke in support of the Villanueva/DeSteph Ordinance. The Virginia Beach vehicle has driven over 3,000 miles without a single accident in 212 years.. Item V-Kll.a.. June 24, 2008 Ii I I I - 68 - Item V-K.ll.a.. PLANNING ITEM #57778 (Continued) Dr. Rick Klobuchar, 758 Suffolk Lane, Phone: 463-4885, opposed to Ad Mobiles and spoke in support of the Planning Commission Ordinance Ross Foster, 5056 Healthglen Circle, Phone; 471-8581, Chairman - Hampton Roads Crime Lines, supported the Ad Mobile program and the VillanuevalDeSteph Ordinance Russ Roland, 264 Marlene Street, Phone: 236-3575, client of Ad Mobile Upon motion by Councilman Villanueva, seconded by Councilman DeSteph, City Council ADOPTED, AS AMENDED: Ordinance to AMEND Section 212 of the City Zoning Ordinance (CZO), and ADD a new Section 212.2, re motor vehicle signs (Sponsored by Council Members Ron A. Villanueva and William R. DeSteph) Voting: 6-5 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, John E. Uhrin and Ron A. Villanueva, Council Members Voting Nay: Barbara M Henley, Reba S. McClanan and Mayor Meyera E. Oberndorf, Rosemary Wilson and James L. Wood Council Members Absent: None June 24, 2008 '"" I 1 AN ORDINANCE TO AMEND SECTION 212 OF THE 2 CITY ZONING ORDINANCE AND ADD A NEW 3 SECTION 212.2, PERTAINING TO PERMITTED 4 SIGNS ON MOTOR VEHICLES 5 6 Section Amended: City Zoning Ordinance Section 212 7 Section Added: City Zoning Ordinance Section 212.2 8 9 WHEREAS, the public necessity, convenience, general welfare and good 10 zoning practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 212 of the City Zoning Ordinance is hereby amended and 16 reordained, and a new Section 212.2, pertaining to motor vehicle signs, is hereby 17 added, to read as follows: 18 19 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES 20 APPLICABLE TO ALL DISTRICTS. 21 22 B. SIGN REGULATIONS 23 24 Sec. 212. Signs prohibited in all districts Prohibited siQns. 25 26 27 The following signs shall be prohibited in all districts: 28 29 30 31 (h) I\ny sign displ3yed on an automobile, truck, or other motorized 32 vehicle \Nhen that vehicle is used primarily for the purpose of such 33 advertising display. [RESERVED] 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 Ii I I Sec. 212.2. Motor vehicle si~ms. (a) SiQns displaved on motor vehicles operated or parked on a public street or in such location as to be visible from the main traveled way of a public street shall be permitted. provided the followinQ requirements are met: (1) The motor vehicle is not partiallv or totallv disassembled bv the removal of tires and wheels, the enQine or other essential parts required for operation of the vehicle; or (2) The motor vehicle displavs valid license plates and a valid inspection decal; (3) The motor vehicle is not used solelv for purposes of the displav of advertisinQ; and (4) No more than four (4) siQns havinQ a maximum combined area of two hundred fifty (250) square feet shall be simultaneouslv displaved on a motor vehicle, and no siQn shall exceed ninety (90) square feet in area; provided. however. that the provisions of this subdivision shall not applv to buses, trollevs or other motor vehicles used primarilv for purposes of providinQ public transportation or to motor vehicles on which siQns exclusivelv advertise the business of the owner of the vehicle. (b) No motor vehicle shall be driven on any street within a residential subdivision for the purpose of displavinQ advertisinQ. except as required bv detour or upon order of a public safety emplovee of the City or state. (c) The followinq types of siqns shall be prohibited while the motor vehicle on which they are displaved is operated or parked on a public street or in such location as to be visible from the main traveled way of a public street: (1) Flashinq. pulsatinq or blinkinq siQns; (2) SiQns in which the messaqe displaved chanQes more frequentlv than once every four (4) seconds; (3) Electronic chanQeable COpy siqns. includinq siqns containinq liqht emittinq diodes (LEDs), fiber optics. liqht bulbs or other illumination devices used to chanqe the advertisinq displaved bv such siqns; and (4) Siqns that proiect more than one (1) foot above the portion 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 ,j I I of the motor vehicle to which they are affixed or that obscure the vision of the driver of the motor vehicle or of other motorists. (d) Any siqn qreater than fifteen (15) square feet in area that is displayed on a motor vehicle for purposes of advertisinq a business other than that of the owner of the vehicle shall require an annual permit issued pursuant to the provisions of Section 210.1. The fees for such permits shall be in accordance with the provisions of Section 8-31 (c) (13) of the City Code. (e) Violations of any of the provisions of this section shall be punishable in accordance with Section 104. (f) For purposes of this section: (1) "Motor vehicle" shall be defined in accordance with Virqinia Code Section 46-2-100 or any successor statute, and shall also include any trailer or other vehicle drawn by or affixed to a motor vehicle: (2) "Owner" shall be defined as set forth in Virqinia Code Section 46.2-100 or any successor statute, and shall also include a lessee of a motor vehicle under a written lease. Sec. 104. Violations and penalties. (a) Except as provided in subsection (b), any person who violates any of the provisions of this ordinance shall, upon conviction thereof, be guilty of a misdemeanor punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00). If the violation is uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation in compliance with this ordinance, within a time period established by the court. Failure to remove or abate a violation within the specified time period shall constitute a separate misdemeanor offense punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00) and any such failure during any succeeding ten-day period shall constitute a separate misdemeanor offense for each ten-day period punishable by a fine of not less than one hundred dollars ($100.00) nor more than one thousand five hundred dollars ($1,500.00). (b) Any person who violates any provision of Part B of Article 2 hereof or section 203(d) or 205 shall be assessed a civil penalty in the amount of two "I I 124 hundred dollars ($200.00) for the initial summons and not more than five hundred 125 dollars ($500.00) for each additional summons. The assessment of a civil penalty 126 shall not preclude the institution of a civil action by the zoning administrator 127 pursuant to section 1 03(a) of this ordinance, but no such violation shall, unless it 128 results in injury to any person, be prosecuted as a criminal misdemeanor. 129 130 (c) The zoning administrator or his or her designee may issue a civil 131 summons as provided by law for a violation. Any person summoned or issued a 132 ticket for a violation may make an appearance in person or in writing by mail to 133 the city treasurer prior to the date fixed for trial in court. Any person so appearing 134 may enter a waiver of trial, admit liability, and pay the civil penalty established for 135 the offense charged. Such persons shall be informed of their right to stand trial 136 and that a signature to an admission of liability will have the same force and 137 effect as a judgment of court. If a person charged with a scheduled violation does 138 not elect to enter a waiver of trial and admit liability, the violation shall be tried in 139 the general district court in the same manner and with the same right of appeal 140 as provided by law. In any trial for a violation, it shall be the burden of the zoning 141 administrator or his or her designee to show the liability of the violator by a 142 preponderance of the evidence. An admission of liability or finding of liability shall 143 not be a criminal conviction for any purpose. 144 145 (d) Each day during which the violation is found to have existed shall 146 constitute a separate offense. However, specified violations arising from the 147 same operative set of facts shall not be charged more frequently than once in 148 any ten-day period, and a series of specified violations arising from the same 149 operative set of facts shall not result in civil penalties which exceed a total of five 150 thousand dollars ($5,000.00). 151 152 (e) This section shall not apply to (i) activities related to land 153 development; (ii) violations of sections 215 and 216 of this ordinance; (iii) 154 violations relating to the posting of signs on public property or public rights-of- 155 way; or (iv) violations resulting in injury to any person or persons. 156 157 158 Adopted by the City Council of the City of Virginia Beach on the 24th day 159 of June, 2008. II I I - 69- Item V-K.l1.b. PLANNING ITEM #57779 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AMEND Appendix D - Stormwater Management Ordinance re variances Voting: 11-0 (By ConsentO 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 June 24,2008 I I 1 2 3 4 5 6 7 8 AN ORDINANCE TO AMEND APPENDIX D STORMWATER MANAGEMENT, SECTION 5, PERTAINING TO VARIANCES SECTION AMENDED: SEC. 5, APPENDIX D BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 That Section 5 of Appendix D - Stormwater Management is hereby amended and reordained to read as follows: Sec. 5. Applicability (c) Variances. The applicant may submit a written request for a variance from any requirement of this ordinance. The director may grant a variance in accordance with the following criteria: (1) The variance requested is the minimum necessary to afford relief. Economic hardship is not sufficient reason to grant a variance from the requirements of this ordinance; and (2) The granting of the variance will not: (i) Increase the flow rate of stormwater runoff; (ii) Have an adverse impact on a wetland, channel, water body or, upstream and/or downstream of a receiving body of water; (iii) Contribute to the degradation of water quality; (iv) Be of substantial detriment to adjacent property or adversely affect the character of adjoining neighborhoods; or (v) Otherwise impair attainment of the objectives of this ordinance. Variances in the Chesapeake Bay Preservation areas shall also meet the followinq additional criteria: (1) The qrantinq of the variance will not confer upon the applicant any special privileqes that are denied to other property owners who are subiect to the provisions of the Chesapeake Bay Preservation Area Ordinance and who are similarly situated; (2) The qrantinq of the variance is in harmony with the purpose and intent of the Chesapeake Bay Preservation Area Ordinance and is not of substantial detriment to water quality: and (3) The request for a variance is not based upon conditions or circumstances that are self-created or self-imposed. ,i I I 45 Adopted by the Council of the City of Virginia Beach, Virginia, on this 24th day of 46 June, 2008. I ill I I - 70- Item V-K.ll.c. PLANNING ITEM #57780 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AMEND Appendix F - Chesapeake Bay Preservation Area Ordinance re maintenance agreements for structural best management practices, post development runoff load and impervious cover 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 June 24,2008 "I I , 1 AN ORDINANCE TO AMEND THE CHESAPEAKE BAY 2 PRESERVATION AREA ORDINANCE, PERTAINING TO 3 MAINTENANCE AGREEMENTS FOR STRUCTURAL BEST 4 MANAGEMENT PRACTICES AND POSTDEVELOPMENT 5 RUNOFF LOAD 6 7 Sections Amended: Chesapeake Bay Preservation Area Ordinance SS 8 103 and 106 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 That Sections 103 and 106 of the Chesapeake Bay Preservation Area Ordinance 13 (City Code Appendix F) are hereby amended and reordained to read as follows: 14 15 16 17 Sec. 103. Definitions 18 19 20 21 Best management practice. A practice, or a combination of practices, determined 22 to be the most effective practicable means of preventing or reducing the amount of 23 pollution generated by nonpoint sources to a level compatible with water quality goals. 24 25 Best manaQement practice. structural. A best manaQement practice that requires 26 the desiQn and certification of a licensed desiQn professional. 27 28 Board. The Chesapeake Bay Preservation Area Board. 29 30 31 32 Sec. 106. Performance standards. 33 34 35 36 (A) General performance standards for development and redevelopment... 37 38 39 40 (8) For any development or redevelopment, stormwater runoff shall be 41 controlled by the use of best management practices that achieve 42 the following results: 43 44 (a) For development, the postdevelopment nonpoint source 45 pollution runoff load shall not exceed the predevelopment 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 ii I I i load based on average total phosphorus loading (F\' ^) of 2.72 pounds per acre per year and an equivalont impervious cover (IV A) of twenty five (25) percent (b) For redevelopment, the nonpoint source pollution load shall be reduced by at least ten (10) per cent of the existing load. The City Manager may waive or modify this requirement for redevelopment sites that originally incorporated best management practices for stormwater runoff quality control, provided that: 1. In no case may the postdevelopment nonpoint source pollution runoff load exceed the predevelopment load; and 2. Best management practice facilities shall be in good working order and performing at the design levels of service. The City Manager shall conduct a review of the original structural design and the maintenance plans of such facilities. The execution of a new maintenance agreement may be required to ensure compliance with these requirements. (c) Predevelopment and postdevelopment loadings shall be calculated by the same procedures as outlined by the current Virginia Stormwater Management Handbook Manual. Such calculations shall be appropriately documented. (d) Calculations involving the percentage of site area under impervious cover shall be based upon the lot area landward of mean low water and wetlands. Impervious cover shall not include the water surface area of a swimming pool. (17) Where structural the best management practices are utilized require regular or periodic maintenance in order to continue their functions, such maintenance shall be ensured by the City through a maintenance agreement with the owner or developer or the O'lmer shall certify yearly that maintenance has been accomplished. Adopted by the Council of the City of Virginia Beach, Virginia, on this 24th day of June, 2008. Item V-L APPOINTMENTS - 71 - ITEM #57781 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BEACHES and WATERWAYS COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION LOCAL FINANCE BOARD - GASB 45 OPEN SPACE ADVISORY COMMITTEE REVIEW AND ALLOCATION COMMITTEE - COG II I I June 24,2008 "II I I - 72- Item V-No NEW BUSINESS ITEM #57782 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTEDf Schedule of City Council Sessions for July and August: July 1 July 8 July 9 - August 4 Briefing, Informal, Formal, including Planning Briefing, Informal, Formal, including Planning City Council Vacation August 5 August 12 August 19 August 26 Cancelled - "National Night Out" Briefing, Informal, Formal, including Planning City Council Workshop Briefing, Informal, Formal, including Planning 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 June 24,2008 I I City e>f Virgir1ia Beach VBgov.com RUTH HODGES FRASER, MMC CITY CLERK PHONE (757) 385-4303' FAX (757) 385-5669 20 June 2008 CITY HALL' BLDG. 1, STE. 281 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 Honorable Mayor Members of City Council August 5,2008, is "NATIONAL NIGHT OUT" andyour first meeting of the month. Neighborhoods throughout Virginia Beach and communities nation-wide will celebrate the TWENTY-FIFTH annual "America's Night Out Against Crime". National Night Out is held annually to heighten crime and drug prevention awareness; generate support and participation in local anti-crime efforts; strengthen neighborhood spirit and police community relations; and, send a message to criminals letting them know local communities are organized and are fighting back. Therefore,following is the schedule for July and August City Council Sessions: July 1 Briefing, Informal, Formal, including Planning July 8 Briefing, Informal, Formal, including Planning July 9 -August 4 City Council Vacation August 5 August 12 August 19 August 26 Cancelled Briefing, Informal, Formal, including Planning City Council Workshop Briefing, Informal, Formal, including Planning Since the "National Night Out" is not shown in the City Code under City Council Session, it is necessary for City Council to take the appropriate action. Cc: City Manager City Attorney City CounciJAgenda - June 24,2008 Re~urs, Ruth Hodges Fraser, MMC City Clerk I I , I I - 73 - Item V-O ADJOURNMENT ITEM # 57783 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 9:46 P.M. ~-- i j./Pt.j,Q -~----------------- Beverly 0. Hooks, CMC Chief Deputy City Clerk Louis R. Jones Vice Mayor q:;~~-~) City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia June 24,2008 ,I I I I - 73 - Item V-O ADJOURNMENT ITEM # 57783 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 9:46 P.M. cd~__~~Liq_~L~ Beverly 0. Hooks, CMC Chief Deputy City Clerk _~'"1__~ _ --- Louis R. Jones ~ Vice Mayor uth Hodges Fraser, MMC City Clerk ~_~jJ Meyera E. Oberndorf Mayor City of Virginia Beach Virginia June 24,2008