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JULY 8, 2008 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AIAYOR M/;'YHRA H OBHRNDORF, At-LarRe VI( 'H MA YOR U)(!fS Ii. JONES, Baystde - Dlstrlct./ WIUJAM Ii. f)eSTHPH, At-Large HARRY Ii, f)IHZEI" Kempsvi11e - District 2 ROB/iRT M DYU1" Cen/ervt/le - District I BARBARA M HfiNUiY, Princess Anne DlstrlCI 7 RHBA S McClANAN, Rose Hall- DIstrict 3 .JOHN Ii UHRIN, Beach DIStrict 6 RON A, VILLANUHVA, At-LarRe IWSIiMARY W11,SON, AI-Large .JAMIiS I" WOOf), I,ynnhaven -DIstrict 5 CITY COUNCIL AGENDA CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com (17'Y MANAGHR - .JAMES K SPORE CITY ATTORNliY - LHSUE L ULLEY t 'J7Y ('Lf;RK - RUTH HODGES SMITH, MMC 08 JULY 2008 1. CITY COUNCIL BRIEFING - Conference Room - 1 :30 PM A. CITY AUDITOR UPDATE Lyndon S. Remias, City Auditor II. CITY MANAGER'S BRIEFINGS A. GREEN RIBBON COMMITTEE UPDATE Barry Frankenfield, Planning, Design and Development Administrator Parks and Recreation B. FALSE ALARMS Deputy Chief James Cervera - Police Department III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA r • 4.4 JtOp ou.- tdNJ' MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia July 8, 2008 Mayor Meyera E. Oberndorf called to order the CITY AUDITOR'S BRIEFING to UPDATE the City Council on his 'first forty-five days"in the City Council Conference Room, City Hall, on Tuesday, July 8, 2008, at 1:30 P.M Council Members Present: Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Rosemary Wilson and James L. Wood Council Members Absent: William R "Bill"DeSteph [Family Vacation] John E. Uhrin [Entered: 2:00 P.M] Ron A. Villanueva [Out of the City on business] July 8, 2008 - 2 - CITY COUNCIL BRIEFING CITY AUDITOR UPDATEI 1:30 P.M. ITEM # 57821 Mayor Oberndorf introduced Lyndon S. Remias, CPA, CIA, City Auditor. Since his appointment on May Fifteenth, the Office of the City Auditor, has "hit the ground running". Mr. Remias introduced the members of his staff in attendance: Chris Ford - Deputy City Auditor, Gretchen Hudome - Deputy City Auditor, and Cheryl Childress, Executive Assistant, Mr. Remias introduced the Audit Committee in attendance: Stanwood Dickman - Chair; JoAnn Augone. Dr. Doug Ziegenfuss was unable to attend as he is in San Francisco attending an Internal Audit Conference. Chairman Dickman n advised the Audit Committee's Inaugural Meeting was on June 20, 2008. The entire Operating Budget was reviewed as was the FY 2009 Annual Audit Schedule. The Committee was very pleased with the presentation by Lyndon S. Remias and they look forward to working with him and City Council. Mr. Remias cited the Administrative Initiatives and Accomplishments: . Changed name from Audit Services to Office of the City Auditor . Changes have been made to: ~ vbgov.com ~ Sign age ~ Business Cards ~ Audit Manual ~ Correspondence ~ Other Areas Position Name Changes IA uditor New Title lPTevious Title Chris Ford Deputy City Auditor lAuditor IV Gretchen Hudome Deputy City Auditor lAuditor III ~haron Hayes Senior Auditor [.4uditor II Tim Bell Senior Auditor lAuditor II . Creation of Audit Intern Position ~ Cost effective manner to augment current audit resources. Budget impact approximately $9,000 ~ Allows student to earn academic credit and gain practical auditing skills. . City Manager's Administrative Directives ~ Management and maintenance of Directives transitioningfrom "Audit Services" under the City Manager to "Office of the City Auditor" directly responsible to the City Council and the Audit Committee, effective July 1, 2008. July 8, 2008 - 3 - CITY COUNCIL BRIEFING CITY AUDITOR UPDATEI ITEM # 57821 (Continued) . Met with Audit staff as a team, and individually, to set expectations and vision for the Office. . Initiated regular "one-on-one" meetings with each member of the Audit staff to provide an open line of communication . Met with key members of City management to develop working relationship and discuss role of the City Auditor ~ Jim Spore, City Manager ~ Les Lilley, City Attorney ~ Dave Hansen, Deputy City Manager ~ Susie Walston, Deputy City Manager ~ Patti Phillips, Director of Finance ~ Don Barnett, Comptroller The Audit Committee held their first meeting on June 20, 2008 . Members include: ~ Stanwood Dickman, Chair ~ JoAnn Augone ~ Dr. Doug Ziegenfuss ~ City Council Member John Uhrin ~ City Council Member Jim Wood The FY 2009 Annual Audit Schedule was presented and an Audit Committee quarterly meeting schedule was developed. The next two (2) meetings will be at the Town Center, followed by a meeting and tour by the Committee of the Sandier Center. Work Process Initiatives . Initiated process to move to an automated / paperless audit environment ~ Preparing RFQ (Requestfor Quotes) for an automated audit management solution ~ Modules include: risk assessment, planning, scheduling, workpapers, reporting, issue tracking, time and expenses, quality assurance and continuing professional education ~ Audit software will provide a comprehensive, fully-integrated audit process that will allow us to complete audit work in a single database. This should result in greater efficiency in completing and monitoring of audits. The detailed Audit Schedule is on the Office of the City Auditor's Web Page on www.vbgov.com. Audit Initiatives . Developed Annual Audit Schedule ~ Identified significant audit entities ~ Sought inputfrom all Department Directors, Council Appointees, and Elected Officials ~ Performed City-wide risk assessment of all audit entities ~ Utilized results of risk assessment, City Council resolutions, management requests and audit resources to develop FY09 Annual Audit Schedule . Presented FY2009 Annual Audit Schedule to Audit Committee on June 20, 2008 July 8, 2008 - 4 - CITY COUNCIL BRIEFING CITY AUDITOR UPDATEI ITEM # 57821 (Continued) Audit Initiatives (Continued) . Commencement of Audits ~ Audit of the Department of Communications and Information Technology · Audit Announcement Letter sent on June 25, 2008 · Entrance Conference scheduled for July 17, 2008 ~ Audit of Expenditures Audit Announcement Letter sent on June 30, 2008 Entrance Conference held on July 7, 2008 Audit will cover: ~ Vendorpaymen~ ~ Procurement card purchases ~ Travel voucher payments ~ Petty cash ~ Change funds . Healthcare Claims Audit ~ Prepared RFP (Request for Proposal) Healthcare Claims Audit by an independent outside firm ~ Held RFP (Requestfor Proposal) Committee (City and Schools) Meeting ~ Finalizing RFP (Request for Proposal) based on input from Committee Members . Completed audit of Sheriff's Supplemental Retirement Plan . Completed FY08 work in progress to allow staff to begin work on FY09 schedule on July 1,2008 Fraud, Waste and Abuse Hotline . Continue to process all calls received through the Fraud, Waste and Abuse Hotline . In the last forty-five (45) days we have: ~ Receivedfive (5) new reports ~ Closed fourteen (14) investigations . There are currently nine (9) investigations underway Information re the Fraud, Waste and Abuse Hot Line is contained on the City Auditor's Hotline. FY2008 Annual External Audit . Worked with external auditors (Cherry, Beckaert & Holland) to: ~ Complete FY08 preliminary audit fieldwork ~ Complete Information Technology General Controls Review ~ Present the Governmental Accounting / Auditing continuing education seminar (8 CPE hours) · Forty-nine (49) City and School employees attended Councilman Wood inquired re the Fraud Waste and Abuse Hotline. Mr.Remias advised the Hotline is the "integrity connection ". This allows employees within the City to contact the line "anonymously, if they wish to remain anonymous ". Any instances they believe are fraud, waste and abuse result in the allegation being examined and substantiated. If not really an issue of fraud, waste and abuse, the case will be referred to the appropriate department or agency. Citizens also may anonymously inform the City Auditor's office of similar instances. All information provided is confidential. July 8,2008 , , I - 5 - C IT Y MANA G E R 'S B R IE FIN G GREEN RIBBON COMMITTEE UPDATE 1:55 P.M. ITEM # 57822 Deputy City Manager Steve Herbert introduced Barry Frankenfield, Planning, Design and Development - Parks and Recreation, to present the Green Ribbon Committee Implementation Report. The Green Ribbon Committee Report was accepted and the Implementation Committee appointed on December 4, 2007. Deputy City Manager Herbert also introduced Peter Schmidt, Co-Chair - Green Ribbon Implementation Committee. Mr. Schmidt advised the Implementation Committee is hard at work to continue the improvement of water quality. The committee has approximately another eighteen (18) months of work, which will be presented in three (3) phases. The first portion is presented today, July 8, 2008. This is a significant issue and demands a deliberate process to implement the effective policies and ordinances. . Green Ribbon Committee (GRC) appointed by City Council in June 2006 (30 Members) . GRC Report accepted and the Implementation Committee appointed by City Council December 4, 2007 . Staff and "Full Committee" meetings January 08 through present. Barry Frankenfield advised Council Members Henley and Wood were the Liaisons on the original Green Ribbon Committee. Through updated reports, they continue to be involved. Green Ribbon Implementation Committee CITY STAFF CITIZENS . Robert S. Herbert, Executive Sponsor . Peter Schmidt, Co-chair . Clay Bernick . Jeffrey W. Ainslie . Meredith Ching . Billy Almond . Barbara Duke . Eddie Bourdon . Barry Frankenfield . Craig Cope . Melanie Grissom . Andrew Fine . Charles Heffington . Karen Forget . Charles Hassen . Noah Hill . Bill Johnston . June Barrett McDaniels . Karen Lasley . Wayne McCoy . Bill Macali . Pam Matthias . Joanne Moore . Carolyn Smith . Kay Wilson July 8, 2008 - 6 - CITYMANA GER 'S BRIEFING GREEN RIBBON COMMITTEE UPDATE ITEM # 57822 (Continued) Work Plan . Recommendations have been categorized into phases to be addressed in an 18-month time frame. . Each phase of work will be brought forward to City Council for review, approval and, if necessary, adoption. . Approximately fifty-five (55) Recommendations . One third are completed or ongoing items . Phase 1 - July 08 . Phase 2 - December 08 . Phase 3 - July 09 . Phase 4 - Unresolved or To Be Determined . Schedule is subject to resources availability, andfunding Completed/On-going items ~ Form a Green Ribbon Implementation Committee ~ City properties, buildings and schools are being examined to improve water quality & energy efficiencies ~ City-Wide Clean Waters Task Force meets monthly\ Completed/On-going items (Continued) . Comprehensive Storm water Planning -Approved in FY 2008/2009 . $1,700,000 for Water Quality Improvements . Phased study and improvements . Thalia Creek, Milldam Creek, Eastern Branch of the Elizabeth River, Nanney Creek ~ Encourage appropriate landscaping practices ~ Encourage clean boating practices ~ Discourage feeding of wildlife ~ Promote the "Scoop the Poop" Program ~ Create and nurture partnerships with state,federal, non-profit groups and other localities ~ Hold periodic joint meetings among all the City's development regulating boards ~ Chesapeake Bay Preservation Area (BPA) Ordinance Revisions ~ City Conservation Easement Program July 8, 2008 - 7 - CITYMANA GER 'S BRIEFING GREEN RIBBON COMMITTEE UPDATE ITEM # 57822 (Continued) Phase 1 Work Plan - Ordinances . Ordinances - Draft information, review only at this time . Residential right-of-way . Site Stabilization . Prohibition of Feeding Wildlife . Policies - For staff implementation, Council Review . Green Building/LEED Certificationfor City Building Capital Improvement Program . (CIP) . Storm water Management for City Redevelopment Projects . Vegetative Buffers on City Property . Alternate Landscape Plan Submittal . Buffer Policy for rezoning, use permits and easements Ordinances Planning Commission and City Council Actions . Residential Right-of- Way: . Remove the requirement of60' ROW, 36' paved section for minor residential streets . Site Stabilization: . Report Recommendation was to require sod for site stabilization. Staff/Implementation . Recommendation - no occupancy permit without stabilization such as sod, seeding blankets and/or matting. . Prohibit Feeding of Wildlife . Prohibition on PUBLIC property only . Posting of signs required . Maximumfine $100 . Part of a larger/long term wildlife management program Mr. Frankenfield distributed the booklet detailing the recommendations and proposed Ordinances, which is hereby made a part of the record. New City Green Policies Initiated by Staff . Green Building LEED Guidelines for City Buildings - Administrative Directive . Follows Federal and State Examples . Requires "Certification" Level (Minimum) New City Green Policies . LEED (Leadership, Environmental and Engineering Design) Guidelines . Includes "Sustainable Site" guidelines and metrics . Some increased costs in design and construction, typical payback in 7-10 years. July 8,2008 - 8 - C IT Y MANA G E R 'S B R IE FIN G GREEN RIBBON COMMITTEE UPDATE ITEM # 57822 (Continued) LEE)OeFacts Bronx library Center New York. N.Y. for New Construction CerliHcatlOf! aWClltleU July 27 2006 Silver 34* Sustainable Sites 7114 3/5 Water Efficiency Energy &. Atmosphere 3117 & Resources 7/13 Indoor Environmental Quality, ,i:% , II e.''{' 9/15 515 New City Green Policies . Stormwater Management for City Redevelopment Projects . Administrative Directive . Requires Storm water Managementfor all impervious areas on Redevelopment Projects . Vegetative Buffers on City Property . Administrative Directive . Encourages vegetative buffers, minimum of 20 feet from water . City Property Only . Alternative Landscape Plan Guidelines . DSC Notification . Allows for Bio -Retention in Parking lots . Does NOT reduce canopy or greell space requiremellts . Regulationsfor Buffer Restorationfor conditional zoning, variances and easements July 8, 2008 , , ,I - 9 - C IT Y MAN AGE R 'S B R IE FIN G GREEN RIBBON COMMITTEE UPDATE ITEM # 57822 (Continued) Phase 2 - December 08 . City Maintenance Requires Water Quality Improvements . Sustainable Maintenance and Management Practices . Green Building Guidelines For Private Development . Certified Vegetative Buffer Area . Certified Storm Water Management Area . Bio-retention in Cul-de-sacs . Tree Stand Preservation and Urban Forestry . Buffer Fact Sheet . Watershed Goals . Pollutants Storage . Review Housing Code Maintenance Standards . Mandatory Curb and Gutter (PW Maintenance Standards) Phase 3 - July 2009 . PDH2 Zoning . Design Guidelines for Clustering Office Uses . Lot Coverage Definition . Parking Requirements . Civil Penalties For Minor Storm Sewer Discharge and Violations of Erosion and Sediment Codes . Proper Storage of Pollutants . Amend Landscape Guide and associated Ordinances . Specification and Standards Review . Revise Storm water Management Ordinances . Site Plan Review Process Improvement . Streamline Site Plan Review for Water Quality . Continuous Education Program . Revise Zoning Ordinance For Water Quality Priorities Phase 4 - To Be Determined . Mandatory Retrofit Of Public And Private Sites For Water Quality Improvements . Street Tree Easements . Home Owner Association Open Space . Natural Resources Assessment Site Plan Requirement Continuous Improvement "Opportunities . Virginia Beach is an example of "Best Practices" for the region and the State . Support the US Conference of Mayor's Climate Protection Agreement . Consider opportunities for: . Green Funds . Incentives and Charter Programs . Density Bonus or other incentives for Green Building projects. July 8, 2008 - 10 - C IT Y MANA G E R 'S B R IE FIN G GREEN RIBBON COMMITTEE UPDATE ITEM # 57822 (Continued) Future Actions . Ordinances: Fall 2008 . Quarterly Report: September 2008 . Council Briefing Phase 2: December 2008 . Quarterly Report: April 2009 . Council Briefing Phase 3: July 2009 Councilman Diezel requested the Committee review the mechanics of maintaining the vegetated areas, particularly around the BMP's. There are some activities in this area by adults, which are not conductive to the neighborhoods. This is an ongoing issue and has a personnel and expense issue. Councilman Diezel referenced the issue offrequency of cleaning ditches, which is maintained at the standard reflected in the budget. Mr. Frankenfield advised there are four (4) different tiers. There has been training with staff re these various issues. Mayor Oberndorf expressed appreciation to the Blue Ribbon Committee, as she signed the understating with the United States Conference of Mayors that this City would not only be in compliance with improving water quality, but being a lead City as Seattle, Washington. Mayor Oberndorf referenced horses on the beach, and inquired re the effect of urine on the water. There are some neighborhood beaches as in Sandbridge and Croatan, and over on the Shore Drive side, which does come around to the Bay area. Mayor Obendorf requested the names of cities which allow horses on the beach and if it has caused damaged to this water quality. Mr. Frankenfield advised this has not been discussed. There is a reason that the Federal and State Parks prohibit horses and this entails bacteria. This concern will be reviewed. Council Lady Henley advised much of this maintaining water quality entails changing behavior. Education is a major component. Mayor Oberndorf referenced living across the street from the Eastern Branch of the Elizabeth River. The Buffers tend to encourage critters like "river rats". Mayor Oberndorf inquired if they are necessary to the balance of nature. Many of the neighbors are concerned. Mr. Frankenfield advised in some cases, there needs to be a wildlife management program, the nutria, rats, the beavers and geese all cause erosion; therefore there needs to be a balance of issues. These issues arise from garbage, not monitoring the excessive bird feed. There will not be rats, if there is no food available for them. Council Lady McClanan inquired who the citizens should call, as the problem of rats seems to be around the City. The City Manager advised the problem, depending upon the conditions, is a combination of Animal Control, Housing and Neighborhood Preservation or the Health Department City Staff advised Virginia Beach Cooperative Extension in the Department of Agriculture can be contacted and the citizen will be advised of the proper contact. July 8, 2008 - 11 - CITYMANA GER 'S BRIEFING FALSE ALARMS 2:30 P.M. ITEM # 57823 The City Manager introduced Deputy Chief James A. Cervera to discuss implementation of the false alarm program. The City Council adopted this system with the FY 2008-09 Operating Budget on May 13, 2008: AMEND S27-5 of the City Code refalse burglar alarmsfor commercial and residential properties by increasing the penalty This Ordinance reflected the increase of the false alarm fee from $25.00 to $150. 00 for a residence, and $250.00 for a commercial establishment after the second false alarm was registered with the City. An amendment is requested re requiring permits. The Police Department is attempting to reduce the number of false alarms. Deputy Chief Cervera distributed the DRAFT of an Ordinance: Ordinance to ADD City Code &27-5.1 re permits required for alarm systems using third-party companies False Alarms are a Problem · In a 12- month time frame, Police responded to 22,231 False Burglar Alarms · Annually, False Alarms consume 11,000 hours of manpower; almost 11% of the total number of calls for police services · False Alarm response requires the equivalent of five (5) full time officers · 3rd Party Alarm Monitoring Companies are the common denominator for false alarms Alarm Abusers-Commercial . False alarms are about equally divided between residential and commercial addresses Less than 20% of the commercial business addresses withfalse alarms are responsible for over 80% of false commercial alarms. Of 11,000 false alarm responses to business addresses, 8,000 were for the 3rd or subsequent time to the same place. Some commercial businesses consider the $25.00 fee for police response to be an economical cost of business; key holders often decline to respond if the business is secure . . . Alarm Abusers-Residential . Of approximately 11,000 responses for false alarms to residential addresses, just over 2,000 were for the 3rd or subsequent time to the same place Residential alarm users are generally far more willing to work with the police to use alarms properly . July 8, 2008 '''' 'I - 12 - CITYMANA GER 'S BRIEFING FALSE ALARMS ITEM # 57823 (Continued) Problem Nationwide · International Association Chiefs' of Police (IACP) model policy and the Virginia Chiefs' of Police (VACP) model policy were reviewed and adaptedfor our city. Local alarm company representatives were part of the program development. · Proposed fines are in alignment with other localities. · Other components of the model policy were rejected, such as $200 fine for failure of key holder to respond in sixty (60) minutes (Fairfax, VA), or 3rd party on scene verification of crime prior to police being dispatched (Salt Lake City, Utah) False Alarm Reduction Unit (FARU) -Program Fee · Alarm users will register with the False Alarm Reduction Unit (FARU) for $10.00 · First and Second police responses to false alarms fees are waived, and will trigger follow up by the FAR U representative to provide education or other support. · 3rd and Subsequent Residential False Alarm Responses will be fined $150. 00 per response $250.00 per response will be charged to Commercial. · Failure to pay fines will result in the address being put on a " Do Not Respond notice ". · PANIC, ROBBERY ALARMS,AND CITIZEN REQUESTS FOR ASSISTANCE WILL ALWAYS BE HONORED! False Alarm Reduction Unit (FARU) -Financial Projections · First year revenue will offset program start up costs. Anticipated alarm user registration fees, assume 65% compliance, $192,000. Estimated Fines first year, assuming 50% reduction in calls due to training and voluntary compliance and a 70% collection rate, $922,000. · As compliance increases, calls for service and revenue are projected to decrease Deputy Chief Cervera advised an example is a business on Military Highway. The Police responded forty-six (46) times re burglar alarms to that one particular business. Three (3) commercial addresses account for one hundred thirty-eight (138) false alarms. Councilman Wood was advised the permit fee is required for residents with existing alarm systems. Deputy Chief Cervera advised the residents could have the alarm companies register their system with the Police, as part of the installation process. The Fire Department is going to monitor this program to determine what methods they could use in the future. Deputy Chief Cervera is a member of the Private Security Advisory Board, a part of the Criminal Justice Services and one of the Board Members is the State Present of the Burglar Alarm Association. The intent of the Ordinance is to reduce the number of false alarms. If a certain company is registering an exorbitant number of false alarms, Deputy Chief Cervera will contact the representative of the company to attempt to solve the problem. Relative Councilman Wood's inquiry re the systems directing dialing to 911. It is against City Code to have a direct dial in to 911. Chief Cervera advised, as a part of the education process, the Police will be meeting with members of the Community to "educate" them re the false alarm program. July 8, 2008 - 13 - CITY COUNCIL COMMENTS 2:47 P.M. ITEM # 57824 Councilman Dyer expressed appreciation to the Mayor and members of the Public Works Department who reviewed the situation at Level Green on Thursday afternoon, July 3, 2008. The canal has incurred an ongoing problem of stagnant water and algae, as well as garbage and debris. With the assistance of the Sheriff' worliforce, City Staff and the Clean Community Commission, this Canal will be cleaned. ITEM # 57825 Council Lady Wilson advised last Thursday, she and Robert Matthias, Assistant to the City Manager, met with members of the Council of Civic Organizations re the Community Legislative meetings. Council Lady Wilson distributed a copy of a letter signed by the Mayor containing both the City Seal and the logo of the Council of Civic Organizations. City Council is scheduling an exciting meeting with the Virginia Beach Council of Civic Organizations (CCO), Virginia Beach Vision, Hampton Roads Chamber of Commerce and others on Wednesday, August 6,2 008, at the Virginia Beach Convention Center from 7:00 P.M -8:30 P.M The purpose of the meeting is to discuss the upcoming 2009 General Assembly session and obtain comments from community leaders and members of the General Assembly as the Legislative Agenda is prepared. ITEM # 57826 A Community Conversations will be conducted on August 21, 2008, 7:00 P.M, at the Convention Center Each Council Member will invite approximately eight (8) citizens to participate with one individual being 25 (twenty-jive years or younger). Council Lady Wilson provided her list to the City Clerk. . Six citizens would be from each Council Member's District. However, these District representatives would not be sitting at the same tables. In order to maintain diversity, one representative would be seated at each table. City Council Members would listen and take notes. ITEM # 57827 Mayor Oberndorf expressed appreciation to the citizens. The devastation of the nuclear accident at Cherhobyl continues to affect the nearby Belarussian population The Belarussian Relief Organization bought over a group of children for a vacation in Virginia Beach. These children are beautiful and still suffering the results of the radiation. The wonderful citizens in the City are providing housing, dental work and assisting with other medical problems. On Saturday evening, July 5, 2008, the children attended Mount Trashmore where each was presented with a gift from the City. Each of the children received a Key to the City to advise they were always welcome in Virginia Beach. Mayor Oberndorf expressed appreciation to Cindy Curtis, Director - Parks and Recreation and her wonderful staff. ITEM # 57828 Council Members Uhrin and Wood advised of their meeting with Delegate Bob Tate and Michael Townes - President, Chief Executive Officer - Hampton Roads Transportation (HRT), re legislation introduced in Richmond concerning working with HRT to craft the legislation re light rail. The process would entail options. Delegate Tata will again bring this legislation to Richmond. Robert Matthias, Assistant to the City Manager, was in attendance, as well as a representative from the State Rail Agency. This Agency had initially opposed the legislation. Mayor Oberndorf inquired re funding to assist with purchase of the right-of-way. Robert Matthias advised at least $15-MILLlON, as of July First, is available for the City of Virginia Beach. July 8, 2008 - 14 - CITY COUNCIL COMMENTS ITEM # 57829 Mayor Oberndorf, Council Lady Wilson and their husbands, as well as the City Manager and many others enjoyed the fireworks at the Oceanfront on Saturday, July 5, 2008. As the City was unable to have the firework display last year, this funding was applied to this year to provide a VERY special event. July 8, 2008 - 15 - AGE N DA REV IE W S E S S ION 3:00 P.M. ITEM # 57830 K.l. Ordinance to AMEND City Code Section 36-172 re increasing the Taxi/ares. Council Lady McClanan inquired re the percentage of the usage of taxes in the City by tourists and residents Catheryn Whitesell, Director - Management Services, advised a breakdown is not available. ITEM # 57831 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: K. ORDINANCES/ RESOLUTION 1. Ordinance to AMEND City Code Section 36-172 re increasing the Taxifares. 2. Ordinance to AMEND City Code Section 35-64 re real estate tax exemptions for Elderly and Handicapped. 3. Ordinance to AMEND the Virginia Aquarium and Science Museum's FY 2007-08 Operating Budget and REDUCE the FY 2008-09 Capital Budget re substitution of revenue sources. 4. Ordinance to A CCEPT a Cooperative Agreement for legal services between City Council and the School Board and AUTHORIZE Mayor Oberndorfto execute said Agreement for FY 2009. 5. Ordinance to A UTHORIZE the City Manager to execute an Installment Purchase Agreement with Sylvia 1. Estes re Agricultural Land Preservation (ARP) easement on 1628 Mill Landing Road. 6. Ordinance to A UTHORIZE a temporary encroachment into a portion of the City's right-ofway for SURA M. GOLDNER, Trustee of the Sura M Goldner Declaration of Trust, re the construction and maintenance of a bulkhead, boat house and piers and to maintain an existing concrete boat ramp at 2400 Lookout Court. DISTRICT 4 - BAYSIDE July 8, 2008 - 16 - AGE N DA REV IE W S E S S ION ITEM # 57831 (Continued) 7. Ordinances to ACCEPTIAPPROPRIATEITRANSFER: a. $1,000,179 from the Federal Emergency Management Agency (FEMA) to the Fire Department's FY 2008-09 Operating Budget re continued operation of the Virginia Task Force 2 Urban Search and Rescue Team b. $70,716. 52from the Federal Emergency Management Agency (FEMA) and TRANSFER to the General fund to reimburse previous administrative expenses c. $720,900 to the Police Department's FY 2008-09 Operating Budgetfrom the DEA Seized Property Special Revenue Fund re purchase of equipment and canines d. $133,932 grant from the Virginia Department of Conservation and Recreation (D.eR.) and TRANSFER to the Public Works' FY 2008-09 Operating Budget, Grants Consolidated Fund, re water quality improvements 8. Resolution to set City Employee and Retiree Health Care contribution rates for Plan Year 2009. Council Lady McClanan shall vote a VERBAL NA Y on Item No.5. (Sylvia J. Estes - ARP) July 8, 2008 I I ,II I - 17 - AGE N DA REV IE W S E S S ION ITEM # 57832 L. 7. Application of HUNT CLUB FARMS for a Conditional Use Permit re recreation Facilities of an outdoor nature at 2356-2400 London Bridge Road DISTRICT 7 - PRINCESS ANNE Council Lady Henley advised the applicant (John and Randi Vogel) and the community worked diligently. Karen Prochilo. Planner, and Council Lady Henley met several times with the community; however the drawings reflect the last plan. The recommendations refer to a January Eighteenth plan for the Halloween event and October 17, 2007, for the Holiday display event. Council Lady Henley wished to be assured the plans being adopted are the plans agreed to by the neighborhood. City staff will advise. ITEM # 57833 L.I0. Ordinance AMENDING the City Zoning Ordinance (CZO) re: regulations pertaining to communication towers and building-mounted antennas, including definitions, pre- application and application requirements, locational, landscaping and other requirements as well as Zoning Districts where permitted Council Lady Henley referenced the concerns of speakers re allowing these communication towers in Preservation land, particularly land that has been preserved because it received density credit. Council Lady Henley advised of her concern re making communication towers that meet the requirements of this section, principal uses in a number of categories, which means there would not be an opportunity for a Public Hearing. Council Lady Henley was also concerned re the verbiage in the Planning Commission verbatim: "farmland is considered developed". This item will be discussed during the Formal Session. ITEM # 57834 BY CONSENSUS, thefollowing items shall compose the CONSENT AGENDA: L. PLANNING 1. RECONSIDERATION of the application for NIMMO CHILDCARE and RESOURCE LEARNING CENTER, INC. re the Modification of Conditions (approved by City Council on November 23, 1993, in behalf of Donald G. Pratt and denied May 6, 2008) at 2244 General Booth Boulevard DISTRICT 7 - PRINCESS ANNE 2. Application of DAVE WILSON for the expansion of a Nonconforming Use at 109 53rd Street re alterations and additions to an existing nonconforming garage apartment. DISTRICT 5 - LYNNHA VEN July 8, 2008 I II - 18 - AGE N DA REV I E W S E S S ION ITEM # 57834 (Continued) 3. Application of WELDENFIELD OF VIRGINIA, L.L.C. for a Change of Zoning from 1-1 Light Industrial District, R-5D Residential Duplex District and 0-2 Office District to Conditional R-7.5 Residential District with a PD-H2 Overlay re developing single-family dwellings and townhomes at Regent University Drive and Jake Sears Road. DISTRICT 1 - CENTERVILLE 4. Application of JACK FERREBEE, ET AL for the closure of a portion of an unimproved alley located between 55th and 56th Streets from Holly Road to Myrtle Avenue, Ubermeer Subdivision, re combining the alley with their adjoining lots. DISTRICT 5 - LYNNHA VEN 5. 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 6. Application of LORETTA LANE, L.L.C. for a Conditional Use Permit, re bulk storage at Loretta Lane and North Birdneck Road. DISTRICT 6 - BEACH 7. Application of HUNT CLUB FARMS for a Conditional Use Permit re recreation facilities of an outdoor nature at 2356-2400 London Bridge Road DISTRICT 7 - PRINCESS ANNE 8. Application of VIRGINIA BEACH SCHOOL BOARD for a Change of Zoning District Classification from AG-l and AG-2 Agricultural District to Conditional 1-2 Heavy Industrial District at Harpers Road and Oceana Boulevard to develop the site for a school bus maintenance facility. DISTRICT 6 - BEACH 9. Application of WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC. for Modification of Conditions re a multi-structure parking garage (approved by City Council on June 9, 1998) at 3100 Shore Drive. DISTRICT 5 - LYNNHA VEN Item L.l, (NIMMO CHILDCARE AND RESOURCE LEARNING CENTER, INC.), Item L.2, (DA VE WILSON), Item L.3. (WELDENFIELD OF VIRGINIA, L.L.C.), and L.5 (CHECKERED FLAG MOTOR CAR CO., INC.) shall be DEFERRED, BY CONSENT, until the City Council Session of August 12, 2008. July 8, 2008 , I l,jl I - 19 - ITEM # 57835 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-3711 (A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration of, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(I) 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: ARP Property - Knight 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). Convention Center Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION at 3:22 P.M. July 8, 2008 - 20- ITEM # 57835 (Continued) Voting: 9-0 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph [Family Vacation] Ron A. Villanueva [Out of the City on business] (Closed Session: 3:38 P.M. - 5:10 P.M.) (Break: 3:25 P.M. - 3:38 P.M.) (Dinner: 5:10 P.M. - 5:45 P.M.) I I July 8, 2008 "1,1 , - 21 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL July 8, 2008 6:00 P.M. Mayor Meyera E. Oberndorfcalled to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, July 8, 2008, at 6:00 P.M Council Members Present: Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: William R. "Bill" DeSteph [Family Vacation] Ron A. Villanueva [Out of the City on Business] INVOCATION: Louis R. Jones Vice Mayor PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial") purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial, and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 1 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. July 8, 2008 , II - 22- 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. July 8, 2008 I I I I I - 23 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 57836 Upon motion by Councilman Dyer, seconded by Councilman Diezel, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph, and Ron A. Villanueva July 8, 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 # 57835, Page 19, 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. NOJ.-v, 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. July 8, 2008 I I I I , - 24- Item V-F.] ITEM # 57837 Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of July 1, 2008 Voting: 9-0 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Ron A. Villanueva July 8, 2008 I I Item V-G.] ADOPT AGENDA FOR FORMAL SESSION BY CONSENSUS, City Council ADOPTED: I I - 25 - ITEM # 57838 AGENDA FOR THE FORMAL SESSION July 8, 2008 I I I I I , - 26- Item V-H. MAYOR'S PRESENTATION ITEM # 57839 Mayor Oberndorf advised Bangor, Northern Ireland, is a Virginia Beach Sister City. Since 2000, Kempsville Middle School has been pen-pals with Priory Integrated College, a K12 school in Hollywood, Northern Ireland. Mayor Oberndorf introduced Dr. James Smith, Principal- Kempsville Middle School. Dr. Smith introduced Diann U. Caviness - Computer Resource Specialist and Scott McKenzie, Director- A VID Program. The state of the relationship between the Sister Schools is excellent. A VID means Advancement Due to Individual Determination. It is a College preparatory program for students in the middle of High School. These are "middle of the road" students who are working hard and pushed into rigorous course work to make sure they reach the level to be successful in College. For many years, the City has had a "Sister City" relationship with Bangor, Northern Ireland. Since 2001, Kempsville Middle School has been pen pals with Priory Integrated College in Bangor, Northern Ireland. Up to this year, it was a basic pen-pal exchange through the postal service for the students and e-mail for the administrators. Computer Resource Specialist (CRS), Diann Caviness, has worked diligently to create a communications plan that addresses the Virginia Beach School Board goals and Standards of Learning. The new Distance Learning Lab at Kempsville can broadcast Worldwide. Students in a lab can communicate with students at Priory. When the delegation visited last year, a conscious effort was made, not necessarily to showcase the school, but to showcase the students. This is a communications project between Kempsville A VID Students and those at Priory Integrated College, Bangor, Northern Ireland. Since the visit to Priority Integrated College in April 6, 2008, there have been approximately eight hundred (800) communications between students. In the past, the School was fortunate iftwenty-five (25) communications were received. Diann U. Caviness, presented an overview of the presentation, entitled "What Color is Your Ipod?", a collaborative communications project between two countries, two schools: Virginia Beach, Virginia, USA and Bangor, Northern, Ireland, UK. The Schools involved are Kempsville Middle School and Priory Integrated College: Goals and Objectives of the Communications Project: To support the School Board initiative of developing a world class/global school division in Virginia Beach To recognize our diversity - Respect for all people To gain a better understanding of other world/global cultures To share instructional strategies that foster teaching and learning To integrate technology into the Curriculum and Instruction between our pen-pal school(s) Strengthen student technology, writing and communication skills. Implement an interdisciplinary unit of ongoing study. July 8, 2008 I I I I , - 27- Item V-H. MAYOR'S PRESENTATION ITEM # 57839 (Continued) Phase I: The exchange of communication between the students, to establish a web presence for students to interact and share information. A Wiki is perfect for this. A Wiki allows for all members to add and edit information, share files, have discussions and communicate with other students. Teachers can create a private Wiki, which would be accessible only to members, thus protecting the students. A Wiki for the project has been established: https://kemvsville-avid.wikisvaces.com/ On the site is the presentation proposalfor the Project "What color is your iPod?" Phase II: As part of the Wiki there is an areafor students to post their writing assignments online. Over the Summer of 2008, the students will be working on a collaborative writing assignment about their mascot, "Frog". Phase III: Virtual Trip - In April, 2008, a KMS Delegation of teachers traveled to Northern Ireland. The teachers took the students along virtually by maintaining a daily blog of the trip at httv://kmsavid.edubloflS.Org. This online journal, highlighted daily events, allowed the students at Kempsville Middle to keep up with the activities of the travelers. The travelers shared pictures, videos and live chats. Images and videos were accessed at a file share site called "Voice Thread", http://voicethread.com/#q.blO3407. Virginia Beach TV did a presentation while the Delegation of Teachers was in Ireland and then came back when the Delegation returned. Ms. Caviness displayed the VB TV presentation. Phase IV: Virtual conferences between Kempsville Middle School students and Priory's. Virginia Beach School system now has the V. 0. W. (Videoconferencing on Wheels), the communication tool that allows Virtual Field Trips, voice and video connections to other schools who have the similar equipment available. Regularly scheduled conferences between classes will help provide a "real-world" experience for both students and teachers. Students could come together in the distance-learning lab to actually talk to Priory students and teachers. This could also be accomplished with web cams and instant messaging, although they are not as sophisticated. Another extremely interesting concept - Voice Thread, httv://classic.voicethread.com/ allows one to record comments about pictures or videos. This would be a great option for virtual slide shows. Phase V: Student exchange. Both schools have agreed to work toward an exchange of students. In the Fall of 2009, Kempsville Middle Schools students are hoping to have the Priory students visit our country and shadow our students in school. In June of 20 10, we hope to send Kempsville Middle students to Northern Ireland to shadow the students at Priory. These trips will involve extensive planning, coordination and jitnd raising efforts. Administrators, teachers and students from both schools have made a commitment to make it happen. July 8, 2008 i I I I - 28 - Item V-H. MAYOR'S PRESENTATION ITEM # 57839 (Continued) Current status of project-June 2008 Blog is up and running - contains pictures and videos from the trip to Northern Ireland Wiki is up and running - students are communicating with each other on a regular basis. Several live chats have been conducted between the KMS and Priory students on the weekends. Next scheduled chat is July 14, 2008. Summer Assignment - Keep checking the Wiki, help write a story about "Frog" the adopted mascot, who traveled with the KMS teachers to Northern Ireland. Using photos taken during the trip, students will collaboratively write the story. Trip to Northern Ireland by the Kempsville Middle School Teachers was a huge success. The foundation was laid to add substance to this project. (Please see Bangor City Council Minutesfrom April 8, 2008) Administrators from both schools made an action plan that will guide them to a future student exchange in 2009-2010. VBTV filmed an A + moment about the project that is currently airing on VBTV until July 15, 2008. July 8, 2008 I I I I I - 29- J'tem V-I.I. PUBLIC HEARING ITEM # 57840 Mayor Oberndorf DECLARED A PUBLIC HEARING: Proposed City Code Change to Increase Taxi Rates The following registered to speak in SUPPORT: Richard Yount, 3407 Morfield Court, Phone: 237-1469, represented Atlantic Coast Cab Company of Virginia Beach Moe Tombley, 669 Oleander Circle, Phone: 472-4140, represented Andy's Taxi Company, Darrel W. Johnston, 1287 Holland Road, Phone: 923-3720, resident of Suffolk, owner of All City Cab As well as Red and White Checker. Brett Rowlands, 1122 Priddy Lane, Phone; 717-4085, represented Yellow Cab of Virginia, advised Black and White Cabs are free to charge less if they prefer. The following registered expressing concerns: Winder H Bill, CPA, 203 85TH Street, Phone: 422-1140, represented Black and White Cabs of Virginia Beach, a relatively new company in the City with nineteen (19) cabs. Mr. Bill expressed concern as this rate is 30t higher than the new rate passed by the Norfolk City Council. Black and White Cabs believes $2.10 rather than $2.40 a mile is sufficient to cover the many variables of providing for the cab riding public. When rates are raised, the usage of cabs is diminished. There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. July 8, 2008 I I II - 30 - Item V-L2. PUBLIC HEARING ITEM # 57841 Mayor OberndorJ DECLARED A PUBLIC HEARING: INSTALLMENT PURCHASE AGREEMENT There being no speakers, Mayor OberndorfCLOSED THE PUBLIC HEARING> July 8, 2008 I I 1,1 , - 31 - Item V-K. ORDINANCES/RESOLUTION ITEM # 57842 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items 1,2,3,4,5,6, 7a/b/c/d and 8 of the CONSENT AGENDA. Voting: 9-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Ron A. Villanueva Council Lady McClanan voted a VERBAL NAY on Item K.5 (Sylvia J. Estes re Agriculturalland Preservation (ARP) easement. July 8, 2008 I I 1,1 - 32 - Item V-K.J. ORDINANCES/RESOLUTION ITEM # 57843 Darrel W. Johnston, 1287 Holland Road, Phone: 923-3720, resident of Suffolk, owner of All City Cab Red and White Checker, advised eleven (11) taxi cab owners are in support of the rate increase and only one, Black and White, is opposed. Black and White was against the rate increase but raised the rates on their charge tickets to 5%for all their drivers, which technically raises their lease by $20 to $50 a week. Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AMEND City Code Section 36-172 re increasing the Taxi fares. Voting: 9-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Ron A. Villanueva July 8, 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 CITY CODE SECTION 36-172 TO INCREASE THE METER DROP FEE FROM $2.25 FOR THE FIRST EIGHTH OF A MILE TO $3.25, TO INCREASE THE PER EIGHTH OF A MILE CHARGE FROM $0.25 TO $0.30, AND TO INCREASE THE PER MINUTE WAITING TIME FROM $0.25 TO $0.30 WHEREAS, the City of Virginia Beach regulates taxi cab rates in the city and has determined that the rising cost of gasoline and increases in cost of living merit an increase in taxi cab rates. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 36-172 of the Code of the City of Virginia Beach is hereby amended and reordained to read as follows: Sec. 36-172. Maximum rates for taxicabs. (a) No person owning, operating, controlling or driving a taxicab within the city shall charge an amount to exceed the following rates of fare: (1) For the first one-eighth of a mile or fraction thereof. . . ~ $3.25 (2) For each succeeding one-eighth of a mile or fraction thereof. . . $~ $0.30 (3) Trunk charge. . . 0.50 (4) For each minute of waiting time. . . ~ $0.30 Adopted by the Council of the City of Virginia Beach, Virginia on the Rt-l-} day of .1111 y , 2008. Approved as to Content: Approved as to Legal Sufficiency: B~Q,~ Management Services c;!:~~ CA 10804 R-2 June 30, 2008 I I - 33 - Item V-K2. ORDINANCES/RESOLUTION ITEM # 57844 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AMEND City Code Section 35-64 re real estate tax exemptions for Elderly and Handicapped. Voting: 9-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Ron A. Villanueva I I July 8, 2008 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 I I AN ORDINANCE TO AMEND CITY CODE SECTION 35-64 PERTAINING TO REAL ESTATE TAX EXEMPTIONS FOR ELDERLY AND HANDICAPPED SECTION AMENDED: ~ 35-64 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 35-64 is hereby amended and reordained to read as follows: Sec. 35-64. General prerequisites to grant; effect of residency in hospital, nursing home, etc. (a) Either the exemption, deferral or freeze, but not more than one (1), as provided for in this division shall be granted to persons subject to the following provisions: (1) The title to the property for which exemption, deferral or freeze is claimed is held, or partially held, on June 30 immediately preceding the taxable year, by the person or persons claiming exemption, deferral or freeze and is occupied as the sole dwelling of such person or persons. (2) The head of the household occupying the dwelling and owning title or partial title thereto or either spouse in a dwelling jointly held by a husband and wife is either permanently and totally disabled or is sixty-five (65) years of age or older on June 30 of the year immediately preceding the taxable year; provided, however, that a dwelling jointly held by a husband and wife may qualify if either spouse is over sixty-five (65) years of age. (3) For the tax exemption programs, the total combined income received from all sources during the preceding calendar year by: (i) the owner or owners of the dwelling who use it as their principal residence~ aM (ii) the owner's or owners' relatives who live in the dwelling and (iii) nonrelatives of the owner who live in the dwellinq except for bona fide tenants or bona fide paid careqivers of the owner, shall not exceed sixty-three thousand four hundred and fifty dollars ($63,450) provided that the first ten thousand dollars ($10,000) of income of each relative, other than a spouse of the owner, who is living in the dwelling and who does not qualify for the exemption provided by subdivision (b) hereof. and any amount up to ten thousand dollars ($10.000) of income of each nonrelativewho is not the bona fide tenant or bona fide paid careqiver of an owner livinq in the dwellinq and who does not qualify for the exemption provided by subdivision (b) hereof, shall not be included in such total~ ~and provided further that up to five thousand dollars ($5.000) of any permanent or temporary disability benefit, from whatever source. received by an owner and the first ten thousand dollars ($10,000) or any I I I I 46 47 48 49 50 51 52 53 54 55 56 ~i7 ~i8 ~i9 60 61 62 63 64 El5 El6 El7 El8 69 70 71 72 73 7'4 7'5 7'6 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 portion thereof of income received by a permanently and totally disabled owner shall not be included in such total. (4) For the tax freeze program, the total combined income received from all sources during the preceding calendar year by: (i) the owner or owners of the dwelling who use it as their principal residence~ aM (ii) the owner's or owners' relatives who live in the dwelling and (iii) nonrelatives of the owner who live in the dwellinq except for bona fide tenants or bona fide paid careqivers of the owner, shall not exceed sixty-three thousand four hundred and fifty dollars ($63,450) provided that the first ten thousand dollars ($10,000) of income of each relative, other than a spouse of the owner, who is living in the dwelling and who does not qualify for the exemption provided by subdivision (b) hereof, and any amount up to ten thousand dollars ($10,000) of income of each nonrelative who is not the bona fide tenant or bona fide paid careqiver of an owner livinq in the dwellinq and who does not qualify for the exemption provided by subdivision (b) hereof, shall not be included in such total; and provided further that up to five thousand dollars 1..$5,000) of any permanent or temporary disability benefit, from whatever source, received by an owner and the first ten thousand dollars ($10,000) or any portion thereof of income received by a permanently and totally disabled owner shall not be included in such total. (5) For the tax exemption programs, the net combined financial worth, including equitable interests, as of December 31 of the year immediately preceding the taxable year, of the owners, and of the spouse of any owner, excluding the value of the dwelling and the land (not exceeding ooe ten (1Q) acre~) upon which it is situated, shall not exceed three hundred and fifty thousand dollars ($350,000). (6) For the tax freeze program, the net combined financial worth, including equitable interests, as of December 31 of the year immediately preceding the taxable year, of the owners, and of the spouse of any owner, excluding the value of the dwelling and the land (not exceeding ooe ten (1Q) acre~) upon which it is situated, shall not exceed three hundred and fifty thousand dollars ($350,000). (7) For the tax deferral program, the total combined income received from all sources during the preceding calendar year by: (i) the owner or owners of the dwelling who use it as their principal residence~ aM (ii) the owner's or owners' relatives who live in the dwelling and (iii) non relatives of the owner who live in the dwellinq except for bona fide tenants or bona fide paid careqivers of the owner, shall not exceed sixty-three thousand four hundred and fifty dollars ($63,450) provided that the first ten thousand dollars ($10,000) of income of each relative, other than a spouse of the owner, who is living in the dwelling and who does not qualify for the exemption provided by subdivision (b) hereof, and any amount up to ten thousand dollars ($10,000) of income of each nonrelative who is not the bona fide tenant or bona fide paid careqiver of an owner Iivinq in the dwellinq and who does not qualify for the exemption provided by subdivision (b) hereof, shall not be included in such total; and provided further that up to five thousand dollars I I I I ~12 ($5,000) of any permanent or temporary disability benefit. from whatever source, 93 received by an owner and the first ten thousand dollars ($10,000) or any portion ~14 thereof of income received by a permanently and totally disabled owner shall not 95 be included in such total. 96 97 (8) For the tax deferral program, the net combined financial worth, including 98 equitable interests, as of December 31 of the year immediately preceding the 99 taxable year, of the owners, and of the spouse of any owner, excluding the value 100 of the dwelling and the land (not exceeding aRe ten (1Q) acre~) upon which it is 101 situated, shall not exceed three hundred and fifty thousand dollars ($350,000). 102 103 (9) The dwelling is occupied. 104 105 (b) Notwithstanding subdivision (a) of this section, if 3 person an owner qualifies 106 for an exemption or deferral under this article, and if the person owner can prove by 107 clear and convincing evidence that the person's his physical or mental health has 108 deteriorated to the point that the only alternative to permanently residing in a hospital, 109 nursing home, convalescent home or other facility for physical or mental care is to have 11 0 a rel3tive person move in and provide care for the person owner, and if a rel3tive 111 person does then move in for that purpose, then none of the income of the rel3tive 112 person or of the re13tive's person's spouse shall be counted towards the income limit, 11 3 provided that the owner of the residence has not transferred assets in excess of five ten 114 thousand dollars ($ a 1Q,000) without adequate consideration within a three-year period 115 prior to or after the relative person moves into such residence. 116 117 (c) The fact that persons owners who are otherwise qualified for tax exemption, 118 deferral or freeze pursuant to this division are residing in hospitals, nursing homes, 11 9 convalescent homes or other facilities for physical or mental care for extended periods 1 L~O of time shall not be construed to mean that the real estate for which tax exemption, 1 L~ 1 deferral or freeze is sought does not continue to be the sole dwelling of such persons 1 L~2 owners during such extended periods of other residence, so long as such real estate is 1 L~3 not used by or leased to others for consideration. 1 L~4 125 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 8th 126 day of July , 2008. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Ci~~~ CAI0719 R-4 July 2, 2008 I I - 34 - Item V-K.3. ORDINANCES/RESOLUTION ITEM # 57845 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AMEND the Virginia Aquarium and Science Museum's FY 2007-08 Operating Budget and REDUCE the FY 2008-09 Capital Budget re substitution of revenue sources. Voting: 9-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Ron A. Villanueva I I July 8, 2008 I I II 1 2 3 AN ORDINANCE TO AMEND THE MUSEUM DEPARTMENT'S FY 2007-08 OPERATING BUDGET AND REDUCE THE FY 2008-09 CAPITAL BUDGET 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 WHEREAS, the Virginia Aquarium was undergoing renovation for the duration of FY 2007 -08 and a revenue shortfall was anticipated as a result of decreased attendance; WHEREAS, a $250,000 dedicated reserve was established in the General Fund to cover the revenue shortfall which has already been transferred to address the shortfall; WHEREAS, the downturn in the economy was more substantial than anticipated and other operating costs have risen significantly since the budget was prepared; WHEREAS, despite making cutbacks to discretionary spending, the expenses for the Virginia Aquarium will exceed the realized revenue for FY 2007-08 in excess of the dedicated reserve amount. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Fiscal Year 2007-08 1. That estimated revenues in the Virginia Aquarium Special Revenue Fund FY 2007-08 Operating Budget are hereby decreased by a total of $500,694 as follows: $442,238 from IMAX Theater Admissions and $58,456 from Aquarium Store Sales. 2. That estimated revenues in the Virginia Aquarium Special Revenue Fund FY 2007 -08 Operating Budget are hereby increased by $500,694, with $381,168 being transferred from the General Fund Reserve for Contingencies - Compensation and $119,526 being appropriated from the fund balance of the Virginia Aquarium Special Revenue Fund; Fiscal Year 2008-09 3. That CIP# 3-278, "Virginia Aquarium Renewal and Replacement - Phase II," is hereby reduced by $119,526 in the FY 2008-09 Capital Budget, with revenue reduced accordingly. of Adopted by the Council of the City of Virginia Beach, Virginia on the Rt-h July 2008. day Approved as to Content: Approved as to Legal Sufficiency: ;~') ~QI Management Services CA10810 R-4 July 1,2008 I I I I - 35 - Item V-K4. ORDINANCES/RESOLUTION ITEM # 57846 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to ACCEPT a Cooperative Agreement for legal services between City Council and the School Board and A UTHORIZE Mayor Oberndorf to execute said Agreement for FY 2009. Voting: 9-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Ron A. Villanueva July 8, 2008 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 I I AN ORDINANCE APPROVING A COOPERATIVE AGREEMENT BETWEEN THE CITY COUNCIL AND THE VIRGINIA BEACH SCHOOL BOARD FOR THE PROVISION OF LEGAL SERVICES TO THE BOARD BY THE OFFICE OF THE CITY ATTORNEY IN FISCAL YEAR 2009 WHEREAS, the Office of the City Attorney has, for a number of years, provided legal services to the Virginia Beach School Board and School Administration pursuant to Cooperative Agreements; WHEREAS, the Cooperative Agreement for FY 2008, which expired on June 30, 2008, provides that U[t]his Cooperative Agreement ... may be revised, as necessary, and renewed each fiscal year ...;" and WHEREAS, City Council agrees that it is in the best interests of the City and the School Board for the Office of the City Attorney to continue to provide legal services to the School Board pursuant to the revised Cooperative Agreement for FY 2009. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Council hereby approves the Cooperative Agreement for FY 2009, a copy of which is attached hereto. 2. That the Mayor is hereby authorized to execute the Cooperative Agreement on behalf of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 8th day of J'lly , 2008. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: ~~~ CA 10800 R-1 June 18, 2008 I I I I , COOPERATIVE AGREEMENT BETWEEN THE CITY COUNCIL AND THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH PERTAINING TO LEGAL SERVICES TO BE PROVIDED TO THE SCHOOL BOARD AND SCHOOL ADMINISTRATION BY THE OFFICE OF THE CITY ATTORNEY IN FISCAL YEAR 2009 Factual Back2:round: 1. City Charter Authority. Chapter 9 of the Charter of the City of Virginia Beach, Virginia ("City Charter") provides that the City Attorney shall be the chief legal advisor of the City Council, the City Manager, and all departments, boards, commissions and agencies of the City in all matters affecting the interests of the City, and that he shall have such powers and duties as may be assigned by the Council. 2. Appointment of City Attorney. The City Charter also provides that the City Attorney is appointed by the City Council and serves at its pleasure. 3. School Board Authority. The School Board is established by the Virginia Constitution, the City Charter, and provisions of general law, and is a body corporate vested with all of the powers and duties of local school boards conferred by law, including the right to contract and be contracted with, to sue and be sued, and to purchase, take, hold, lease, and convey school property both real and personal. 4. School Board Authority to Hire Le2:al Counsel. The School Board is authorized by Section 22.1-82 of the Code of Virginia (1950), as amended, to employ counsel to advise it, and to pay for such advice out of funds appropriated to the School Board. 5. Reco2:nized Reasons to Share Le2:al Services. Both the City Council and the School Board have recognized that the reasons for sharing services of the City Attorney's Office include potential savings to taxpayers, expertise ofthe City Attorney's I I Office in City and School Board matters, institutional memory, and the ability of the City Attorney's Office to provide a wide range of legal services to the Board based on the expertise of the attorneys in numerous specialized areas of the law. 6. Professional Judgment of City Attornev. The Virginia Rules of Professional Conduct for the Legal Profession require the independent professional judgment of the Office of the City Attorney on behalf of its clients. 7. Potential Ethical Conflicts. The City Council and the School Board recognize that the potential for conflicting interests between the Council and School Board may arise and that, in such cases, the City Attorney must refrain from representation of interests which may conflict. 8. Identification of Conflicts. The City Council and the School Board also recognize that they must work together and with the City Attorney to identify any real or perceived potential for conflict at the earliest possible time, advise each other and the City Attorney of any such conflict as soon as it arises so as not to compromise the interests of the City Councilor the School Board, and assist the City Attorney in avoiding any violation or appearance of violation of the Code of Professional Responsibility. 9. Continuation of Services. The City Council and the School Board further recognize that it remains in the best interest of the taxpayers of the City for the School Board to continue to use the legal services of the Office of the City Attorney to the extent that no real or perceived conflict is present, and to the extent the City Attorney is budgeted and staffed to handle assigned legal business of the School Board. Obiectives: I I I I The objective of this Cooperative Agreement is to define the scope and nature of the relationship between the City Attorney's Office and the School Board, to provide for the delivery of designated legal services to the School Board, and to avoid any real or perceived conflict in the delivery of those services. A2reement: NOW, THEREFORE, the City Council and the School Board hereby agree as follows: 1. Le2al Staffin2. The Office of the City Attorney will provide the equivalent of two and one half (2 Y2) attorney positions (or 4,125 hours per year) and one (1) secretarial position during FY 2009. The services to be provided as follows: A. The City Attorney will dedicate two attorneys on-site at the School Administration Building to the School Board and the School Administration who will devote all of their time (i.e., 3,300 hours per year) to the provision of legal services to the School Board and School Administration. For the term of this Agreement, those attorneys will be Kamala H. Lannetti, Deputy City Attorney, and LaRana Owens, Assistant City Attorney. The City Attorney's Office is in the process of hiring a new Public Education Attorney for the position held by LaRana Owens and that attorney is expected to begin employment during Fall 2008. B. The City Attorney will dedicate one Secretary on-site at the School Administration Building who will devote all of her time to the support of legal services to the School Board and Administration. I I I I c. The remammg attorney hours will be provided by the other attorneys in the Office, based upon their various areas of expertise with school-related legal issues, and shall include representation in real estate matters, representation of the School Administration in personnel matters, general administrative and procedural issues, and general litigation. Attorneys assigned to handle School Board matters may hold regular weekly office hours in the School Administration Building and will remain on-call to handle legal matters throughout the week. The City Attorney's Office will endeavor to handle as many legal matters in-house as it is capable of handling subject to the provisions of this Agreement. D. During the term of this Agreement, and subject to reassignment in the judgment of the City Attorney, the selection of the dedicated attorneys shall be mutually agreed upon by the City Attorney and the School Board. Additionally, if a majority of the members of the School Board expresses dissatisfaction with the legal services provided by the dedicated attorney, or by any other attorney providing services to the School Board, the City Attorney will meet with the School Board to discuss and evaluate its concerns. Furthermore, if the School Board and the City Attorney agree that the most reasonable way to address the School Board's concerns is to assign another attorney or other attorneys to represent the School Board, the City Attorney will use his best efforts to make such an assignment(s) as soon as possible. I I I ,I 2. Communication and Reports. Throughout the term of this Agreement, the Office of the City Attorney will maintain an open line of communication with the School Board and the Division Superintendent, and will keep them apprised, on a regular basis, of the status of all legal matters being handled on behalf of the School Board and School Administration; provided, however, that the Office of the City Attorney shall not communicate with the Division Superintendent concerning those matters being handled on a confidential basis for the School Board or for individual School Board members in accordance with applicable School Board policies and applicable provisions of the Superintendent's contract. Additionally, the Office of the City Attorney will provide the Superintendent and the School Board a quarterly report of the legal services and attorney hours provided pursuant to this Agreement and, upon request of the School Board, the School Board Chairman, or the Superintendent, will identify the amount of attorney hours expended in response to inquiries from individual School Board members. 3. Mana2ement of Le2al Affairs. The City Council and the School Board recognize and understand that the School Board shall be responsible for the management of its legal matters; that, to the extent contemplated by this Agreement, the City Attorney shall be designated as the chief legal advisor of the School Board and the School Administration, and shall assist the School Board and Administration in the management of the School Board's legal matters; and that the City Attorney shall report to the School Board concerning those matters he has been assigned by the School Board to manage and/or handle on its behalf. 4. Ethical Conflicts Concernin2 Representation of Parties. The City Council and the School Board recognize the potential for real or perceived conflicts in the i I I Ii provision of legal services by the City Attorney, and agree to be vigilant in advising the City Attorney of such issues as they arise. Additionally, the City Council and the School Board understand that in such cases, the City Attorney will refrain from participation on behalf of the School Board but, to the extent ethically permissible in accordance with the Rules and Procedures of the Virginia State Bar, will continue representation of the City Council. 5. Abilitv to Provide Le2al Services. The City Council and the School Board further recognize that the ability of the City Attorney's Office to provide legal services to the School Board is limited by the attorney hours allocated pursuant to this Agreement, the other provisions of this Agreement, and ethical constraints as they may anse. 6. Nature of A2reement. The parties agree that this Cooperative Agreement is not a contract to be enforced by either party but is rather an agreement setting forth the understanding of the parties regarding the parameters within which the Office of the City Attorney will provide legal services to the School Board and School Administration. 7. Payment for Services. The City shall forward to the School Board IDT requests in the amount of $333,577.20 from its FY 2009 Operating Budget to the FY 2009 Operating Budget of the Office of the City Attorney to fund the annual salaries, benefits, and certain administrative costs of two and one half (2.5) attorneys and one (1) Legal Secretary. IDT requests of 25% of the total shall be made by the City and funds transferred by the School Board on or about July first, October first, January first, and April first. I I I I 8. Term and Termination of A2:reement. This Cooperative Agreement shall commence with the fiscal year of the parties which begins July 1, 2008, and ends June 30, 2009, and may be revised, as necessary, and renewed each fiscal year thereafter; provided, however, that each party shall give the other party notice of any intention to revise or not to renew the Agreement within one hundred twenty (120) days of the date of expiration of this Agreement, or any renewal hereof, in order that the other party will have the opportunity to make appropriate budget and staffing adjustments. SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH BY~e~~c~~ School Board of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the School Board of the City of Virginia Beach, Virginia on JUI1G 1'7, ,2008. By: J.1u)~ ~ ~ School Board Clerk I I I I I CITY COUNCIL OF THE CITY OF VIRGINIA BEACH By: City Council of the City of Virginia Beach: Meyera E. Obemdorf, Mayor This Cooperative Agreement was approved by majority vote of the City Council of the City of Virginia Beach, Virginia on ,2008. By: City Clerk I I - 36 - Item V-K5. ORDINANCES/RESOLUTION ITEM # 57847 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to A UTHORIZE the City Manager to execute an Installment Purchase Agreement with Sylvia 1. Estes re Agricultural Land Preservation (ARP) easement on 1628 Mill Landing Road. Voting: 8-1 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: William R. "Bill" DeSteph and Ron A. Villanueva I I July 8, 2008 I I 1 AN ORDINANCE AUTHORIZlNG THE ACQUlSITION OF AN 2 AGRICULTURAL LAND PRESERVATION EASEMENT AND 3 THE ISSUANCE BY THE CITY OF ITS CONTRACT 4 OBLIGATIONS IN THE MAXIMUM PRlNCIPAL AMOUNT OF 5 $350,451. (PROPERTY OF SYLVIA J. ESTES) 6 7 8 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 9 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 10 presented to the City Council a request for approval of an Installment Purchase Agreement 11 (the form and standard provisions of which have been previously approved by the City 12 Council, a summary of the material terms of which is hereto attached, and a true copy of 13 which is on file in the City Attorney's Office) for the acquisition of the Development Rights 14 (as defined in the Installment Purchase Agreement) on certain property located in the City 15 and more fully described in Exhibit B of the Installment Purchase Agreement for a 16 purchase price of $350,451; and 17 18 WHEREAS, the aforesaid Development Rights shall be acquired through the 19 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 20 compliance with, the requirements of the Ordinance; and 21 22 WHEREAS, the City Council has reviewed the proposed terms and conditions ofthe 23 purchase as evidenced by the Installment Purchase Agreement; 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 1. The City Council hereby determines and finds that the proposed terms and 29 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 30 Agreement, including the purchase price and manner of payment, are fair and reasonable 31 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 32 is hereby authorized to approve, upon or before the execution and delivery of the 33 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 34 balance of the purchase price set forth hereinabove as the greater of 3.5200% per annum 35 or the per annum rate which is equal to the yield on United States Treasury STRIPS 36 purchased by the City to fund such unpaid principal balance; provided, however, that such 37 rate of interest shall not exceed 5.5200% unless the approval of the City Council by 38 resolution duly adopted is first obtained. 39 40 2. The City Council hereby further determines that funding is available for the 41 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 42 the terms and conditions set forth therein. 43 44 3. The City Council hereby expressly approves the Installment Purchase 45 Agreement and, subject to the determination of the City Attorney that there are no defects 46 in title to the property or other restrictions or encumbrances thereon which may, in the I I I I .. . 47 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 48 Manager or his designee to execute and deliver the Installment Purchase Agreement in 49 substantially the same form and substance as approved hereby with such minor 50 modifications, insertions, completions or omissions which do not materially alter the 51 purchase price or manner of payment, as the City Manager or his designee shall approve. 52 The City Council further directs the City Clerk to affix the seal of the City to, and attest 53 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 54 incurrence of the indebtedness represented by the issuance and delivery ofthe Installment 55 Purchase Agreement. 56 57 4. The City Council hereby elects to issue the indebtedness under the Charter 58 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 59 the indebtedness a contractual obligation bearing the full faith and credit of the City. 60 61 Adoption requires an affirmative vote of a majority of all members of the City 62 Council. 63 64 Adopted by the Council of the City of Virginia Beach, Virginia, on this 8th day of 65 Jul y , 2008. CA10740 V:lapplicationslcitylawprodlcycom32IWpdocsID02SIP003100060812, DOC R-1 DATE: June 26, 2008 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: L/)wf~q ~L -1/ OW City Attorney's Office CERTIFIED AS TO AVAILABILITY OF FUNDS: 9JM~iCLi 0 QM~ Director of Finance 2 I I AGRICUL TURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2008-84 SUMMARY OF MATERIAL TERMS SELLER: ESTES, Sylvia J. PROPERTY LOCATION: 1628 Mill Landing Road, Princess Anne District PURCHASE PRICE: $350,451 EASEMENT AREA: 33.44 acres, more or less DEVELOPMENT POTENTIAL: 5 single-family dwelling sites (4 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 3.5200% (actual rate to be determined when STRIPS are purchased prior to execution ofIPA). Rate may not exceed 5.5200% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IP A date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of IPA. I I +- Z en Q) s.... U CO ~-q- s....-q- Q) . a. ct) Oct) s.... a.. 1 CJ)-C Q) CO ~ 0 Cflo:: CO .- C > .- - -C ~c en co ---I - - .- ~ I I I I - 37 - Item V-K.6. ORDINANCES/RESOLUTION ITEM # 57848 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to A UTHORIZE a temporary encroachment into a portion of the City's right-of-way for SURA M. GOLDNER, Trustee of the Sura M Goldner Declaration of Trust, re the construction and maintenance of a bulkhead, boat house and piers and to maintain an existing concrete boat ramp at 2400 Lookout Court. DISTRICT 4 - BAYSIDE The following conditions shall be required: 1. The Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval. 2. Nothing herein shall prohibit the City from immediately removing or ordering the Grantee to remove all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity and Grantee shall bear all costs and expenses of such removal. 3. The Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee. The Grantee will bear all costs and expenses of such removal. 4. The Grantee shall indemnify, hold harmless and defend the City, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. 5. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 6. The Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 7. The Grantee must obtain a permit from the Office of the Planning Department prior to commencing any construction within the Encroachment Area (the "Permit'). July 8, 2008 I I I I - 38 - Item V-K. 6. ORDINANCES/RESOLUTION ITEM # 57848 (Continued) 8. The Grantee shall establish and maintain a riparian buffer, which shall be a minimum of fifteen (J 5) feet in width landward from the shoreline, shall run the entire length of the shoreline and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer"). The Buffer shall not be established during the months of June, July, or August so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security in an amount equal to the estimated cost of the required Buffer plantings to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection. Upon satisfactory completion of the Buffer, as determined by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. 9. The Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location and/or existence of the Temporary Encroachment. 10. The Temporary Encroachment must conform to the minimum setback requirements as established by the City. 11. The City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee and collect the cost in any manner provided by law for the collection of local or state taxes, may require the Grantee to remove the Temporary Encroachment and, pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee. If such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue; and, thereqfter may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. July 8, 2008 I I - 39 - Item V-K.6. ORDINANCES/RESOLUTION ITEM # 57848 (Continued) Voting: 9-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Ron A. Villanueva July 8, 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 47 48 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF CITY PROPERTY KNOWN AS LAKE JOYCE AND THE 25' STRIP OF CITY PROPERTY AROUND LAKE JOYCE LOCATED AT THE REAR OF 2400 LOOKOUT COURT FOR SURA M. GOLDNER, TRUSTEE OF THE SURA M. GOLDNER DECLARATION OF TRUST WHEREAS, property owner, Sura M. Goldner, Trustee of the Sura M. Goldner Declaration of Trust, dated December 30, 1997, desires to construct and maintain a bulkhead, a boat house and piers and maintain an existing concrete boat ramp, in a portion of the City's property known as Lake Joyce and the 25' strip of City property around Lake Joyce, located at the rear of 2400 Lookout Court, Virginia Beach, Virginia. WHEREAS, City Council is authorized pursuant to~15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's property subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in ~ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, Sura M. Goldner, Trustee, and heirs, assigns and successors in title are authorized to construct and maintain a bulkhead, a boat house and piers, and maintain an existing concrete boat ramp in a portion of the City's property known as Lake Joyce and the 25' strip of City property around Lake Joyce, as shown on the map entitled: Exhibit ''/i..', "ENCROACHMENT FOR EROSION CONTROL AND WATERCRAFT MOORING APPLICATION BY: MARTIN GOLDNER 2400 LOOKOUT COURT VIRGINIA BEACH, VA 23455', a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and Sura M. Goldner, Trustee (the ';A.greemenf), which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Sura M. Goldner, Trustee and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day of July ,2008. I I CA-10578 X:IOIDIREAL EST A TEIEncroachmentslPW OrdinanceslCA 10578 Goldner Ordinance,doc V:lapplicationslcitylawprodlcycom32lWpdocslD002lP003100058648, DOC R-1 PREPARED: 6/9/08 APPROVED AS TO CONTENTS ~~c.~~ At) P IC WORKS, REAL EST A r'E I I APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~E~L~ 2 I I PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) r bL THIS AGREEMENT, made this j q ~ day of ~ ' 2008 by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and SURA M. GOLDNER, Trustee under the Sura M. Goldner Declaration of Trust, dated December 30, 1997, and HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "lot 19" as shown of the map of "Baylake Beach", recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 41, at page 31, and being further designated, known, and described as 2400 lookout Court, Virginia Beach, Virginia 23455; and WHEREAS, it is proposed by the Grantee to construct and maintain a bulkhead, a boat house and piers and to maintain an existing concrete boat ramp, collectively, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Joyce and the 25' strip of City property around lake Joyce, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. GPIN: 1570-80-8558 (lake Joyce & 25' strip of City property) I I I I NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agf'eed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "ENCROACHMENT FOR EROSION CONTROL AND WATERCRAFT MOORING APPLICATION BY: MARTIN GOLDNER 2400 LOOKOUT COURT VIRGINIA BEACH, VA 23455," prepared by Marine Engineering & Technology, LLC 811 Juniper Crescent Suite #12 Chesapeake, VA 23320, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 2 I I I I It is further expressly understood and agreed that the Grantee shall indemnify, and hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Planning Department prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer plantings, to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning 3 I I I I when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, ttlrough the Buffer to the shoreline is allowed. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission SO granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the 4 I I Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Sura M. Goldner, Trustee under the Sura M. Goldner Declaration of Trust, dated December 30, 1997, the said Grantee, has caused this Agreement to be executed by her signature pursuant to due authority. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Cleric (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 I I I I CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2008, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2008, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Public (SEAL) Notary Registration Number: My Commission Expires: 6 I I I I ~\\\\\"'"IIIIlII'''''''''IA ,;l~o }o..l:I \f.!O ~~ ~ ^'. ........... 'A., -~ ~. .',..uIA'. .V ~ ,;:r ~ ....:\.\1I:JW"1 .... ~ ~~.,~ '. ~ i _ /.14 ""......." Q\ ~ , 0 [ ~ t<)' 0 ~ ffi ~ i. ~ ~'Z - \ \'b...... -".~ ~.f ~ J \ .,'. ..1.. ~~.o., ~ :: '\ "L ".='!.J.1Vatt-~"A:' s" ." -~~ '. .' .'i.." * ~ ~/.L ..........~t.\ v .. ~" " Q91v '" ,..~. """" \\1\'\" """'1111111"''''' 1 J ~ ffJ. )ft~niW MaJ\(~ ~ 4 Sura M. Goldner, Trustee under the Sur~ 1. _", , M. Goldner Declaration of Trust, dated ~ December 30, 1997 )j~ STATE OF VA CITY/COUNTY OF \/Y't V,'YjIVHt{ ,to-wit: I q j.,r, The foregoing instrument was acknowledged before me this U day of Jur~ , 2008, by Sura M. Goldner, Trustee under the Sura M. Goldner Declaration of Trust, dated December 30, 1997. ,r"\ \ N~~~~~.At~EAL) Notary Registration Number: ?/-30--..;?-Dll("1{ J~/31<t My Commission Expires: 11 / ~YI<~ / q~30-o<<J11 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM 0~:t~J-),c (~ ~nnrk" C. ~~ ~l) ~E PIb REAl fsia'l DEPARTMENT X:\ProjectslEncroachmenlslApplicanls\GoIdner, Marlin and Sura Bulkhead, pier and ramp--PHA\Agreement Encroachmentdoc 7 I I EXHIBIT A t LAKE JOYCE " PROPERTY OF ""-- CITY OF VIRGINIA BEACH PROPOSED BULKHEAD~ 2S' STRIP PROPERTY OF CITY OF VIRGINIA BEACH 1S' MULCHED BUFFER - 37 7 SF (10) TREES - CANOPY OR VERGREEN (10) UNDER STORY TREES - CANOPY OR EVERGREEN (19) LARGE SHRUBS (29) SMALL SHRUBS OR OODY GROUND COVER REFERENCE VDCR RIPARI N BUFFER MANUAL TABLE A PROPERTY LINE 5' DRAINAGE & - UTII.lTY EASEMENT 0' 1""""""1 20' 40' LOT 18 JOAN JACOBS GPIN 1570809646 MAP 41 PAGE 31 SCALE: 1": 40' 41.S4' R~50,00' LOOKOUT COURT (SO R/W) LOOKOUT ROAD 200' DRIVEWAY (CONSTRUCTION ACCESS AND MATERIAL STOCKPILING) @ 2007 FOR MARINE ENGINEERING - ALL RIGHTS RESERVED, ENCROACHMENT FOR EROSION CONTROL AND WATERCRAFT MOORING APPLICATION BY; MARTIN GOLDNER 2400 LOOKOUT COURT VIRGINIA BEACH. VA 23455 MARINE ENGINEERING & TECHNOLOGY, LLC DATUM: NWL =: 0.00' JOB NUMBER 07055 811 JUNIPER CRESCENT SUITE #12 CHESAPEAKE. VA 23320 PH: 757 227-4786 SHEET 1 OF 1 DATE: NOVEMBER 15. 2007 I I I I CITY COUNCIL ACTION TRANSMITTAL FORM June 9, 2008 PART I (FOR APPROVAL/CONCURRENCE) 1. SubjectfTitle/Name: An Ordinance to authorize Temporary Encroachments into City property known as Lake Joyce and the 25' strip of City property around Lake Joyce from the adjacent property owner, Sura M. Goldner, Trustee of the Sura M. Goldner Declaration of Trust, to construct and maintain a bulkhead, a boat house and piers and maintain an existing concrete boat ramp. 2. Scheduled Council Date: July 8, 2008 3. Submitting Department/Agency: PW REAL ESTATE 4. Response Required By: D Urgent? (Explain why) (Based on Agenda Request Schedule) 5. COORDINATION/APPROVAL: Department PW Engineering, Keith Logan PW Engineering, Bill Johnson Planning, Current, Stephen White PW Beach Mgmt., Phillip J. Roehrs Planning (Water - Buffer), Clay Bernick Parks & Rec./Landscape Svcs. Eddie Barnes PW Administration, Phillip A. Davenport City Attorney's Office Date 12/18/2007 12/05/2007 12/18/2007 12/05/2007 12/18/2007 11/06/2007 ti.AJ3f J,CX)''l5 r+ Receiving Departments/Agencies: Complete Action Requested (below) and return transmittal form with signature of approving official in this box to requesting department. This approval constitutes department/agency head approval of this issue. 6. Action Requested: (check off or fill in requested action) X Review/Approval D Ordinance/Resolution Preparation D Other (explain) 7. Agenda Issue Manager: (Name/Dept/Phone) Patrick H. Annas, PW Real Estate @ 385-4161 PART II (FOR TRANSMITTAL TO THE CITY MANAGER) Submitted By: (Department Head) FOnN~ ;, A,. - R- ~i- Jason E. Cosby, irector Department of Public Works To: City Manager I I I I - 40- Item V-K. 7.a.b.c.d. ORDINANCES/RESOLUTION ITEM # 57849 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinances to ACCEPT/APPROPRIATE/TRANSFER: a. $1,000,179 from the Federal Emergency Management Agency (FEMA) to the Fire Department's FY 2008-09 Operating Budget re continued operation of the Virginia Task Force 2 Urban Search and Rescue Team b. $70, 716. 52 from the Federal Emergency Management Agency (FEMA) and TRANSFER to the General fund to reimburse previous administrative expenses c. $720,900 to the Police Department's FY 2008-09 Operating Budgetfrom the DEA Seized Property Special Revenue Fund re purchase of equipment and canines d. $133,932 grant from the Virginia Department of Conservation and Recreation (D.eR.) and TRANSFER to the Public Works' FY 2008-09 Operating Budget, Grants Consolidated Fund, re water quality improvements Voting: 9-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Ron A. Villanueva July 8, 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 ACCEPT AND APPROPRIATE FUNDS TO THE FIRE DEPARTMENT'S FY 2008-09 OPERATING BUDGET FOR CONTINUED OPERATION OF THE VIRGINIA TASK FORCE 2 URBAN SEARCH AND RESCUE TEAM WHEREAS, the Federal Emergency Management Agency (FEMA) has approved a grant of $1,000,179 for the continued operation of the Virginia Task Force 2 Urban Search and Rescue Team. WHEREAS, the Virginia Task Force 2 Urban Search and Rescue Team cannot continue without federal funding. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. Funds are hereby accepted from the Federal Emergency Management Agency in the amount of $1,000,179 with estimated revenues increased accordingly. 2. Appropriations to the Fire Department's FY 2008-09 Operating Budget for the Virginia Task Force 2 Urban Search and Rescue Team are increased by $1,000,179. 3. 3.25 FTE (full-time equivalent) positions, including two full-time positions (FEMA Coordinator and Administrative Assistant) and two part-time positions (Training Manager and Logistics Manager, totaling 1.25 FTEs), are maintained in the Fire Department's FY 2008-09 Operating Budget; provided however that these positions are conditioned upon continuing funding for the duration of the FEMA grant. of Adopted by the Council of the City of Virginia Beach, Virginia on the 8th .11]1 Y , 2008. day Requires an affirmative vote by a majority of all members of the City Council. Approved as to Content Approved as to Legal Sufficiency ',/ . ./ ,-"." '/""- - ,- / ,;.0. ,. ,/, . ~... :\ /.//,/ ~;~~~~~tJ.s~~~:)fr4-'''' ./ CitY~~~ CA 1 0803 R-3 June 27,2008 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 APPROPRIATE FEDERAL REVENUE AND TO TRANSFER FUNDS TO THE GENERAL FUND FOR PREVIOUS ADMINISTRATIVE COSTS WHEREAS, the Federal Emergency Management Agency has previously provided $70,716.52 for grants administered by the Fire Department through the Virginia Task Force 2 Urban Search and Rescue Team (USAR) for administrative costs incurred by the City's General Fund and general costs incurred by the USAR related to the Salt Lake City Olympics and World Trade Center-Pentagon deployments, as well as disaster preparedness education, planning and equipment costs related to the 1999 Project Impact Grant, and WHEREAS, administrative cost reimbursement funds shall be transferred to the General Fund to cover past administrative expenses related to these grants. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. Estimated revenues from the Federal Emergency Management Agency for administrative cost reimbursement are hereby increased by $70,716.52. 2. Appropriations to the Project Impact Grant for disaster preparedness education, planning, and equipment are increased by $24,584. 3. Appropriations to the Salt Lake City Olympics Deployment Grant for general costs and previous administrative costs are hereby increased by $36,199.48. 4. Appropriations to the World Trade Center-Pentagon Deployment Grant for previous administrative costs are hereby increased by $9,933.04. 5. That $25,772.02 is transferred from the Salt Lake City Olympics Deployment Grant to the General Fund for previous administrative costs. 6. That $10,427.46 is retained in the Salt Lake City Olympics Deployment Grant for general costs. 7. That $9,933.04 is transferred from the World Trade Center-Pentagon Deployment Grant to the General Fund for previous administrative costs. Adopted by the Council of the City of Virginia Beach, Virginia on the 8th day of Jul y , 2008. Requires an affirmative vote by a majority of all members of the City Council. I I I I Approved as to Content Approved as to Legal Sufficiency {::(cd(J~ City Attorney's ~ CA10806/ R-2 / June 27,2008 I I I I 1 AN ORDINANCE TO APPROPRIATE FUNDS TO THE 2 POLICE DEPARTMENT'S FY 2008-09 OPERATING BUDGET 3 FOR THE PURCHASE OF EQUIPMENT 4 5 6 WHEREAS, the Drug Enforcement Administration (DEA) Shared Asset Special 7 Revenue Fund provides law enforcement agencies with monetary resources to assist in 8 accomplishing their mission. 9 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 13 Estimated revenues from the DEA Seized Property Fund Balance are hereby 14 increased by $720,900. 15 16 Appropriations to the Police Department's FY 2008-09 Operating Budget for the 17 purchase of priority equipment and canines are increased by $720,900. 18 19 Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day of 20 Jul y , 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 cW~~''=--- CA 10805 R-2 June 27, 2008 I I I I 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 AND TO TRANSFER FUNDS TO THE DEPARTMENT OF 3 PUBLIC WORKS' FY 2008-09 OPERATING BUDGET IN THE 4 GRANTS CONSOLIDATED FUND FOR WATER QUALITY 5 IMPROVEMENTS 6 7 WHEREAS, the Virginia Department of Conservation and Recreation (D.C.R.) has 8 provided a $133,932 grant to the City of Virginia Beach for water quality improvements, 9 and 10 11 WHEREAS, the D.C.R. grant requires a match, and of the required match $60,000 12 is being provided by Virginia Wesleyan College, $61,432 is provided by CIP #7-183 Storm 13 Water Quality Enhancements, and $12,500 is provided by CIP #4-018, Greenways and 14 Scenic Waterways - Phase II, and 15 16 WHEREAS, after the required match, the total grant funding is $267,864. 17 18 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 1. Grant funds in the amount of $133,932 from the Virginia Department of 22 Conservation and Recreation for water quality improvements are hereby accepted and 23 estimated revenues increased accordingly. 24 25 2. $133,932 is appropriated to the Department of Public Works' FY 2008-09 26 Operating Budget, Grants Consolidated Fund. 27 28 3. Funds in the amount of $60,000 from Virginia Wesleyan College for water quality 29 improvements are hereby accepted and estimated revenues are increased accordingly. 30 31 4. $60,000 is appropriated to the Department of Public Works' FY 2008-09 32 Operating Budget, Grants Consolidated Fund. 33 34 5. That $61 ,432 is transferred from CIP #7-183, Storm Water Quality Enhancements 35 to the Department of Public Works' FY 2008-09 Operating Budget, Grants Consolidated 36 Fund. 37 38 6. That $12,500 is transferred from CIP #4-018, Greenways and Scenic Waterways 39 - Phase II to the Department of Public Works' FY 2008-09 Operating Budget, Grants 40 Consolidated Fund. 41 42 Adopted by the Council of the City of Virginia Beach, Virginia, on the Otll day of 43 July, 2008. Requires an affirmative vote by a majority of all the members of the City Council. I I I I APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: /" )' .-. :11/// )./ Ma~fe;~~L~- Cit~1.;y:S~~~ CA 10807 R-2 June 27, 2008 I I I I ~~ W4~~~YAN ( )//,'( OJ /..I( !)!{.t'.t/( II.' May 6, 2008 Mr. H. Clayton Remick, III Administrator. Department of Planning City of Virginia Reach Environmental Management Center Building 2, Room 115 2405 Courthouse Drive Virginia Beach, V A 23456-9040 Dear Mr. Bernick: On behalf of Virginia Wesleyan College, I am pleased to extend our enthusiasm for partnering with the City of Virginia Beach on the Water Quality Improvement fund (WQI F) grant from the Commonwealth's Department of Conservation and Recreation (DCR). It is Ollr understanding that the City will direct $60,000 from the grant tor the College' s project in the Chesapeake Bay watershed. The funding provided through this partnership will support the conversion of an existing dry BMP into two larger wet BMPs. Each will have an aquatic bench and sediment tore bay, which will provide a more effective filtration and envirorunental solution. Pollutant rcmoval calculations place these wet ponds at 65%. The conversion of the 8MP will benefit the campus as wcll as surrounding neighborhoods that drain onto our campus and reduce the impact of stormwater runoff on Lake Taylor. The conversion of the dry BMP to two \-vet BMPs will take place as part of site work tor significant construction in the College's athletic complex. Virginia Wesleyan is prepared to move ahead with construction of the BMP immediately upon receiving confirmation frolll the City of Vir~inia Beach that the grant agreement has been finalized with OCR. The CoJIcgc has matching funds of morc than $60,000 in place for the BMP project. I have attached copics of drawings from our civil engineers and landscape architect for these new BMPs. We look forward to partnering with the City of Virginia Beach to improve the watersheds in our City and the Chesapeake Bay. Please feel free to contact Suzanne Savage at 757-233- 8736 if Vie may provide any additional intormation. Cordially, ?f~ I.;K-l \\'l"';/(-",II; 1>i'JII- '....,. I ,r'! i I, \' 'I',:' . ,- : r '") :'"".1' ~! ~ l'" "I I 1 ~, ~ J '\: ',' 1 I I (Jranl Agreemcnt II 2007- WQW-J. COMMONWEALTH OF VIRGINIA Department of Conservation and Recreation Grant Agreement \-Vater Quality Improvement Fund 2007-WQIF-32 This Grant Agreement (hereinafter referenced as "Agreement") is made, by and between the Commonwealth of Virginia, Department of Conservation and Recreation, hereinafter called "OCR," and City of Virginia Beach, hereinafter called the "Grantee." Pursuant to the Virginia Water Quality Improvement Act of 1997, the Virginia General Assembly created the Water Quality Improvement Fund to provide funding for point and nonpoint source water quality improvements throughout the Commonwealth. This Agreement is a sub-grant award, from DCR to the Grantee, of said state grant funds. The parties to this Agreement, in consideration of the mutual covenants and stipulations set out herein, agree as follows: (I) GENERAL PROVISIONS: Grantee shall carry out the project as set forth in the Agreement documents. The Agreement documents shall consist of this signed Grant Agreement and: (1) Attachment A - Scope of Work (2) Attachment B - Project Financial Report Fonn (3) Attachment C - Milestone Table (4) Attachment 0 - NPS Pollution Tracking Data Form for BMPs (5) Attachment E - Commonwealth of Virginia, Terms and Conditions Nothing in this Agreement shall be construed as authority for either party to make commitments that will bind the other party beyond the Scope of Service, contained herein. Furthermore, the Grantee shall not assign, sublet or subcontract any work related to this Agreement, or any interest it may have herein, to any parties not approved by DCR, as noted in these Agreement documents. The details and schedule of service set forth in the Scope of Work and Milestone Table are deemed to have been consensual upon the execution of this Agreement. (2) TIME OF PERFORMANCE: Upon signature by the Grantee and the director ofDCR, the services of the Grantee shall be for the period from, October 1, 2007 through December 31. 2009, unless otherwise altered through provisions of this Agreement or extended by written authorization ofDCR. All time limits stated are essential to this Agreement. Every effort must be made to complete the work on time. All project expenses and match funds must be completed during the time of performance. (3) COMPENSATION: The total grant award from DCR is $ 133.932. DCR shall release the grant award to the Grantee 011 a cost-reimbursement basis upon receipt and approval of the Grantee's quarterly reports, as required by this Agreement. or at other times agreed to by OCR. OCR is under no obligation to reimburse work performed prior to the commencement or after the expiration of the contracted time of perfonnance. OCR reserves the right to withhold a minimum of 15% of the Grantee's total grant allocation until the final grant report and all services, reports and deliverables are received and approved by DCR. Acceptance of work completed under this Agreement shall be decided at the sole discretion ofDCR and shall be final. (hant Agreement Format Rcvised Sept 2006 Page I I I l,ran! Agreement # 2007-WQIF-?2. The Grantee shall spend the funds according to the specified categories of the Agreement budget. Minor shi fts of the funds among categories by the Grantee, not to exceed 10% of any budget line item arc pemlissible. Shifts in funds exceeding 10% of budget line items must be approved in writing by DCR. Any cost overruns inculTcd by the Grantee during the time of performance shall be the responsibility of the Grantee. (4) MATCHING FUNDS: rfthis Agreement is contingent upon cash and in-kind contributions by the Grantee to the project, the required amount of matching funds will be indicated on the Project Financial Report Form, Attachment B, of these agreement documents, Matching contributions, ifapplicable, must reflect expenses directly related to the implementation of this project and incurred only during the time of performance listed in this Agreement. The decision of DCR with respect to approval of matching funds shall be final. Matching funds must be tracked and reported to DCR in the quarterly and final reports described below, both in nalTative summary and on Attachment B. (5) SCOPE OF SERVICE: The Grantee shall provide the services to DCR set forth in the Agreement documents and, specifically, as defined in the Scope of Work. All deliverables shall conform to accepted standards and practices. The Grantee shall provide DCR with quarterly reports and a final report, in narrative and financial report form, detailing the progress of work set forth in the Agreement documents. Incomplete or inaccurate reports may result in reimbursement delays. These reports shall be certified by an authorized agent of the Grantee as being tme and accurate to the best of the Grantee's knowledge, as indicated by their signature on Attachment B. Each quarterly report, due on the 15th of the following month, shall contain the following: (1) A narrative - Describe the progress in fulfilling the Scope of Work and activities for each deliverable listed in the Milestone Table. Provide both accomplishments and challenges, and a financial narrative with itemized details of expenditures. (2) An updated Proiect Financial Report Form (Attachment B) - On Attachment B, summarize expenses incurred in the columns under "DCR Funds" and Grantee contributions under "Match Funds." This form also serves as the reimbursement request, or invoice, for the Grantee, therefore, only copies with the original authorized signature wil] be accepted by DCR. (3) An updated Milestone Table (Attachment C) - Enter "Actual Completion Date" for specific tasks on the table and provide relevant notes. (4) NPS Pollution Tracking Data Form for BMPs (Attachment D) - Enter data for best management practices installed and completed, if applicable. The final report, due 45 days after the Agreement terminates, shall summarize all major project accomplishments and challenges, as well as expenditures and matching contributions during the period after the project began through the termination date. Photographs taken before, during and after project implementation should be included in the final report. The final reimbursement request must be submitted with the final report. (6) ASSISTANCE: OCR agrees, upon request of the Grantee, to furnish, or otherwise make available to the Grantee, copies of existing non-proprietary materials in the possession of DCR that are reasonably associated with this project. This includes materials that are necessary to the Grantee for completion of its performance under this agreement. Gr3nl Agreement Formal Revised Sepl. 2006 Page 2 I I (jral1l Agreement fj 2007-WQIF-J2 (7) FINANCIAL RECORDS A V AILABILITY: The Grantee agrees to retain all books, records and other documents relative to this agreement for five years after final payment. OCR, its authorized agents, and/or state auditors shall have full access to, and the righUo examine any of, said materials during said period. (8) CREA TrON OF INTELLECTUAL PROPERTY: All intellectual property including copyrightable material created pursuant to this contract shall be considered work made for hire and shall belong exclusively to the Commonwealth of Virginia. Neither party intends any copyrightable material created pursuant to this contract, together with any other copyrightable material with which it may be combined or used, to be a "joint work" under the copyright Jaws. If any copyrightable matelial created pursuant to this contract cannot be deemed work made for hire or is deemed part of a joint work, the Grantee does hereby irrevocably assign its entire copyright interest in such material or work to the Commonwealth of Virginia and shall execute and deliver such further documents as the Commonwealth may reasonably request for the purpose of acknowledging or implementing such assignment. DCR hereby grants to the Grantee a license to use the materials, so owned, for public, not-for-profit purpose within the territory of the Commonwealth. A copyright notice shall be placed in an appropriate location on any copyrightable material being distributed or published. Such notice shall include (1) either the symbol "~", the word "Copyright" or the abbreviation "Copr." (2) the year of first publication, and (3) the name of the copyright owner (the Commonwealth of Virginia). This information shall be followed by the words, "all rights reserved." (9) DOCUMENTS: The Grantee may retain any reports, studies, photographs, negatives or other documents prepared in the perfonnance of their obligations under this Agreement and not required to be delivered to DCR. DCR shall have certain rights to use any such materials as specified above. Where necessary for DCR's enjoyment of its rights and other rights referenced in this Agreement, the Grantee shall provide a clear, reproducible copy of such materials (machine readable upon request, if readily available to the Grantee in such form) to OCR. (10) TERMINATION AND BREACH: Either party may terminate this agreement upon thirty days written notice to the other party. DCR may terminate this Agreement for any reason necessary to support its current policy and financial status, including the need to redirect funds to another program. It is understood and agreed between the parties, herein, that DCR shall be bound, hereunder, only to the extent of the funds available or which may hereafter become avai lable for the purpose of this Agreement. In the event of breach by the Grantee of this Agreement, DCR shall provide written notice to the Grantee specifying the manner in which the Agreement has been breached. If a notice of breach is given and the Grantee has not substantially COlTected the breach within 60 days of receipt of the written notice, DCR shall have the right to terminate the Agreement. The grantee shall not be paid for services rendered nor expenses incurred after receipt of the notice of termination, except such fees and expenses incurred prior to the effective date oftemlination as are necessary for curtailment of its work under this Agreement. Cranl Agrccment Formal ReVised Sept. 2006 Page J I I l.irant Agrecl11cl1! # 2007 WI)II-',;2 (11) QUALITY ASSURANCE/QUALITY CONTROL PROJECT PLANS: Within 60 days of the effective date of this Agreement and if required in Attachment A of this Agreement, the Grantee will submit to DCR, for review and approval, a Quality Assurance/Quality Control Project Plan. No water quality monitoring activities shall be initiated until the Quality Assurance/Quality Control Project Plan has been approved by OCR. The Grantee shall implement the approved Quality Assurance/Quality Control Project Plan in performing environmental monitoring activities. (12) REPORTING AND TRACKING INFORMATION MANAGEMENT SYSTEMS: In accepting these funds, the Grantee agrees to the sharing of all deliverables and related information through state and/or federal charulels (including Internet use) and, wherever possible, to provide OCR with dcliverables in a format that can be made available to the public. ( 13) OPERATION AND MAINTENANCE: Before the end ofthe first quarterly reporting period or other date as agreed to by DCR, the Grantee will submit to OCR, for review and approval, an Operation and Maintenance Plan for BMPs and other on-the-ground implementation aspects of this project. The Grantee will operate and maintain the project, or secure the operation and maintenance of the project through landowner agreements, in a manner consistent with the plan as approved by OCR. Adherence to Cost-Share Guidelines and BMP specifications is considered an adequate Operation and Maintenance Plan. In the event that the Grantee fails to comply with the operation and maintenance requirements, OCR shall give written notice specifying the failure to comply and shall give the Grantee the time to correct such failure as provided for herein with respect to a breach of this Agreement. (14) ENFORCEMENT: For nonpoint source Best Management Practice installations funded through this Agreement, within ninety (90) days of receipt of written demand from DCR, the Grantee shall repay an amount, on a straight line pro-rated basis, of the WQIA funds used for the installation, for noncompliance with Section ( 13) OPERATION AND MAINTENANCE, unless the Grantee asserts a defense afforded it under this Agreement. Enforcement action for BMPs funded through the Cost-Share Program will be in accordance to the Cost-Share Guidelines. Within sixty (60) days of receipt of written demand from OCR, the Grantee shall pay a stipulated penalty in the amount of $1,000 or 15%, whichever is greater, of the total award for any of the conditions as set forth in this Agreement, including failure to meet the final deadline or noncompliance with the Scope of Services, Attachment A, unless the Grantee asserts a defense afforded it under this Agreement. Repayments and stipulated penalties will be paid into the State Treasury and credited to the Fund. The Grantee's right to collect repayments and stipulated penalties does not affect in any way DCR's right to secure specific performance of the Agreement using such other legal remedies as may otherwise be available. (15) INTEGRATION AND MODIFICA nON: The Virginia Water Quality Improvement Fllnd (WQIF) Guidelines; and the WQIF Request for Proposals (RFPj, Application Form with supporting documents as agreed to by the Grantee and DCR are hereby incorporated into this grant agreement by reference. To the extent there are inconsistencies between the grant agreement and the Application Fonn and its supporting documents, this agreement and its Attachment A shall control. This agreement constitutes the entire Agreement between DCR and (,rant Agreement Formal Revised Sept. 2006 Page 4 I I Grant Agreement # 2007-WQIF.32 the Grantee. No alteration, amendment, or modifications in the provisions of this Agreement shall be effective unless it is reduced to writing and agreed to by the parties and attached hereto. (16) ACKNOWLEDGMENTS: The role ofDeR must be clearly stated in all press releases, news articles, requests for proposals, bid solicitations and other documents describing this project, whether funded in whole or in part. Acknowledgment of financial assistance, with the DCR logo, must be printed on the cover of all reports, studies, web sites, map products or other products supported by this award or any sub-award. The grantee is responsible for contacting DCR staff in adequate time to obtain the logo in camera-ready or digital fonn. Prior to production, DCR project management staff must approve the final draft. The acknowledgment should read: This project receivedfundingfrom the Virginia Water Quality Improvement Fund provided by the Department of Conservation and Recreation (DCR), via grant number 2007-WOIF-32. (17) DISCLAIMER: For reports or papers produced for public distribution (including the final product), the following sentence must be added to the end of the above credit: The views expressed herein are those of the author(s) and do not necessarily reflect the views of DCR. IN WITNESS THEREOF the parties have caused the Agreement to be executed by the following duly authorized officials: Grantee: City of Virginia Beach Grantor: Virginia Department of Conservation and Recreation By: By: Title: Titl Date: Date: /.2,;/3-a7 By: I~,; If/o 7 Date: (,rant Agreemcnt Format Rcviscd Scpt 2006 Page 5 I I Attachment A Scope of Work 2007-WQIF-32 City of Virginia Beach Water Quality Coordination & Program Enhancement Project DCR AWARD CONDITIONS/MODIFICATIONS: This project is a continuation of a 2006 WQIF grant award (WQIA-2006-11) for cooperative nonpoint source programs with local governments. This 2007 grant allows the City of Virginia Beach to continue the 2006 programs providing for additional nonpoint source implementation projects to be completed. The 2007 award of $133,932 is at a reduced amount from the $170,000 requested in the original proposal submitted to OCR. The City of Virginia Beach grant award of $133,932 is based on allocations from the available funding for the Southern Rivers Watersheds ($73,932) and the Chesapeake Bay Watershed ($60,000). These allocations are flexible only to the extent that the City of Virginia Beach spends at least $73,932 of this grant award in the Southern Rivers Watersheds. No more than $60,000 may be spend in the City of Virginia Beach's Chesapeake Bay Watershed due OCR's overall WQIF program requirement that at least 40% of total project funding be allocated to the Southern Rivers Watersheds. The City is required to provide 50/50 match for this grant award. This match can be provided from projects in the Chesapeake Bay Watershed and/or the Southern Rivers Watersheds and is not restricted to matching the specific OCR watershed allocations mentioned above. PROPOSAL NARRATIVE PROJECT ABSTRACT Virginia Beach proposes the second year of an ongoing capacity building program for urban nutrient, sediment, and bacteria control and remediation to meet multiple requirements, including various Total Maximum Daily Load (TMDL) standards, the Chesapeake Bay 2000 Agreement, the Lower James Tributary Strategy, the SWAMP Special Area Management goals and objectives, various water quality regulatory programs (CBP A, E&S, and Stormwater Management) and general water quality initiatives. Cunently, water quality-related responsibilities of Virginia Beach are fragmented between the City's Planning, Parks & Recreation, Public Utilities, Public Works, Agriculture, Fire, and Housing and Neighborhood Preservation Departments, with additional responsibilities held by the Chesapeake Bay Preservation Area Board, the Wetlands Board, the Clean Community Conunission, Virginia Beach Master Gardeners, the Virginia Dare Soil and Water Conservation District, ~lDd the Environmental Crimes Task Force. It is proposed that this fragmentation be alleviated by building capacity within the City through the work associated with the various projects included in this grant application. When coupled with the work proposed and approved for funding in the 2006 WQIF Grant award, this new grant will allow the City to continue its existing programs and projects during and beyond the grant term in a more comprehensive, coordinated, and cost efficient manner. PROPOSAL Virginia Beach is the largest City in population in the Commonwealth with a conespondingly large geographic area, and in response to demand and identification of priorities at various times, has over time evolved a sharply compartmentalized I fragmented structure to manage water quality efforts. As a result, issues that cut across departmental boundaries are often unintended victims of missed opportunities and resource allocation problems. Localities with smaller populations and geographic area typically do not share these traits. This problem has become more apparent with the City's recent focus on Lynnhaven River watershed restoration, and emerging focus on Back Bay watershed restoration, as wel!. The City established and is beginning implementation through the efforts of a multidepartmental Clean Waters Task Force the development of a coherent strategy for these watersheds, and for coordinating City resources in a more cost efficient manner. While progress at the Task Force level is demonstrably being made, the 2006 WQIF Grant award has significantly increased momentum for a more integrated approach, and is demonstrating that creating and maintaining increased capacity for water quality coordination is essential to achieving I I I I emerging goals and objectives for these two watersheds. The proposed 2007 WQIF Grant package of projects will serve to intensify these eflorts, and help to solidify a more comprehensive, coordinated, and cost efficient approach to achieving water quality objectives. The City's approach in the proposed grant is to array a series of demonstration projects to achieve multiple outcomes. First and foremost. each of the proposed projects is intended to either directly help achieve water quality improvement through demonstrable reductions in nutrients, sediment and pathogens, with a principal focus on waters where TMDLs have been established. Each of the projects is also intended to include an education andlor stewardship component to reach its target audience with a better grasp of intended water quality benefits and how individuals or groups can also undertake or continue similar efforts on their property. Another principal objective of the projects is to continue and expand efforts for coordination capacity building as the projects are undertaken in an interdepartmental .manner, with new partnerships being forged with both City and other community groups. PROJECT NEED; OBJECTIVES; OVERALL CONTENT; METHODOLOGY & TIMELINE; NPS RESULTS, NPS REDUCTIONS, OR ENVIRONMENTAL RESULTS; AND PARTNER JUSTIFICATION Specific information for each of the proposed projects is as follows: Boater Education & Pump Out The City will partner with the Hampton Roads Sanitation District to transmit educational materials and remove high strength sewage from vessels within the Rudee Inlet/Owl's Creek watershed of the City of Virginia Beach. This area has been targeted for a fecal coliform TMDL and will be subject to development of a TMDL Implementation Plan. This program is fi'ee to boaters. This is an expansion of an existing project funded under the FY 2006 WQIF Grant. Quantitied benefits are: · 750 gallons of high strength sewage removed from these water bodies · 2.13 x 1013 bacteria removed (fecal coliform & e.coli) · 8.8 x 106mg of oxygen demanding substances removed (BOD) · 150 to 200 persons will be educated re: the environmental benefits of the project · Annual reduction of 10 pounds of Nitrogen · Annual reduction of 0.6 pounds of Phosphorus The partner for this project, Hampton Roads Sanitation District (HRSD), has been involved in this since its inception. HRSD will conduct face to face educational opportnnities, collect and properly treat and dispose of the sewage collected. Redwing Golf Course Audubon and Nutrient Management This project will entail nutrient management and initiating Audubon Certification for City-owned Redwing Golf Course. This project is in the Back Bay watershed. It will be used to detemline the prototype of similar projects for the future. This is a new project and will be undertaken in partnership by the City, the Back Bay Restoration Foundation community watershed organization, and other community organizations. Unquantified sediment and bacterial reductions will be achieved with this project. Nutrient reductions will be achieved by this project. The benefits of this project are: · Annual reduction of70 pounds of Nitrogen · AlUmal reduction of 10 pounds of Phosphoms Buffers - Riparian Buffer Plantings This project will entail the installation of riparian buffers on City-owned park and school lands, and will allow for buffering of a total of approximately 1 mile of shoreline (average cost of $300 per 100 linear feet of shoreline, based on previous riparian buffer projects). The project is in the Back Bay, North Landing River, and Rudee Inlet/Owl's Creek watersheds of the City of Virginia Beach. This is an expansion of an existing project funded under the FY 2006 WQIF Grant, and will be undertaken in partnership by the City, Public Schools, Back Bay Restoration Foundation conununity watershed organization, the Rudee Inlet Owls Creek Partnership community watershed organization, and other community organizations. llnquantified sediment and bacterial reductions will be achieved with this project. Nutrient reductions will be achieved by this project The benefits of this project are: · Annual reduction of 42 pounds of Nitrogen · Annual reduction of 3 pounds of Phosphorus ') I I VA Wesleyall College COllversioll of DIY Poml to Wet POlld This project will entail construction of stormwater quality improwments in addition to those improvements already required by regulations yielding increased water quality runoff. This includes treatment of public stormwater from the southeast of the College, This is in the Elizabeth River watershed and will be managed and funded by Virginia Wesleyan College in partnership wlth the City. This is a new project, and will be undertaken in partnership by Virginia Wesleyan College with the City and other community organizatIOns. Unquantified sediment and bacterial reductions will be achieved with this project. Nutrient reductions will be achieved by this project. The benefits of this project are: ' Arumal reduction of 44 pounds of Phosphorus Creeds Elemelltmy Outdoor Classroom This is a new project for construction of an envirolmlental education outdoor classroom and demonstration rain garden and native planting demonstration and identification area. This project is in the Back Bay watershed and will be managed by the City in liaison with Public Schools and the Virginia Dare Soil and Water Conservation District, the Back Bay Restoration Foundation, and other school community organizations. Virginia Dare Soil and Water Conservation District has been instrumental in the development of this project. Unquantified nutrient and sediment reductions will be achieved with this project. Quantified benefits are: . Year-round environmental education of hundreds of public school students, faculty, and parents, annually. ilJiIldam Creek Trail Water Quality Education Kiosk This is a new project for construction of a water quality education kiosk at the Nature Conservancy Boardwalk and Trail on Milldam Creek, identified as a Virginia Beach Coastal Area Bacterial TMDL watershed. This project is in the North Landing River watershed and will be managed by the City in liaison with The Nature Conservancy and the Virginia Dare Soil and Water Conservation District and other community organizations. Virginia Dare Soil and Water Conservation District has been instrumental in the development of this project. Un quantified nutrient and sediment reductions will be achieved with this project. Quantified benefits are: . Year-round environmental educations of hundreds of trail visitors, City residents, and visitors, aJillually. Virginia Aquarium Storm water Drop IlIlet Retrofit This is a new project for construction of a replacement stormwater drop inlet adjoining the parking lots at the Virginia Aquarium which currently direct discharge to the Rudee Inlet/Owl's Creek watershed. This watershed has been targeted for a fecal coliform TMDL and will be subject to development of a TMDL Implementation Plan. The retrofit will involve the replacement of the existing drop inlet with a proprietary stormwater drop inlet marketed as Bacterra. An information sign will be installed adjoining the retrofit to explain how the system works and how it helps to improve water quality. Unquantified sediment reductions will be achieved with this project. Quantified benefits are: Annual reduction of 0.32 pounds of Phosphoms . Arumal reduction of 1.2 pounds of Nitrogen . .0023 x 1013 bacteria removed (fecal coliform & e.coli) City Police Mounted Patrol Facility Large Acreage Horse Grazing System This project is intended to help reduce soil erosion in pastures and to prevent those areas exposed to heavy livestock traffic from experiencing excessive manure and soil losses due to the destruction of ground cover, and eliminate direct acce;>s to, or a direct runoff input of manure and sediment to West Neck Creek, a tributary to the North Landing River watershed. This sub watershed is identified as part of the Virginia Beach Coastal Area Bacterial TMDL watershed and is currently subject to development of a fecal bacteria TMDL Implementation Plan. This requested funding is for the design and construction of the large acreage horse grazing system. The project will be managed by the City's Agriculture and Public Works Departments in liaison with the Virginia Dare Soil and Water Conservation District. Virginia Dare Soil and Water Conservation District has been instrumental in the development of this project. Unquantified sediment, nutrient and bacterial reductions will be achieved with this project. I I I I The proposed projects are to be undertaken with funding amounts equally applicable for requested State funds and City matching funds or Virginia Wesleyan College funds. Volunteer hours for labor for riparian buffer projects, the outdoor classroom project, and water quality kiosk would provide additional match, but have not been calculated. Cost estimates were developed based upon actual City costs for similar projects, and also utilizing the James River Final TrihulalY Slrtilegles Implementation Plan City staff from the departments noted above, with a combined level of expcI1isc exceeding 100 years of local experience in water quality efforts, coupled with dedicated tinancial matching funds through the City's Stormwater Management Utility to provide matching funds for requested grant support, demonstrate conunitment to initiate and follow through on the requested grant program. Identified City matching funds are programmed into the Capital Improvement Program. Likewise, Virginia Wesleyan College ahs indicated its commitment to funding for the dry pond to wet pond conversion project (see attached letter of support). Other potential sources of additional supplemental matching funds and in-kind support are from the City's Operating Budget, other grants, and private organizations. A map of the City showing the impaired waters according to the Department of Environmental Quality was provided with the original project proposal. The State Water Control Board has approved a shellfish TMDL for fecal coliforms for most of the LYIUlhaven Watershed. This TMDL Implementation Plan has also been approved by the State Water Control Board. The State Water Control Board has approved another TMDL for fecal coliforms for the upper reaches of the Lynnhaven Watershed and waters in the Southem Rivers portion of the City, and development of the TMDL Implementation Plan is underway. Further TMDL's are pending. Education and Outreach to be undertaken with the overall project will include the public education programs noted above, as well as presentations to the Virginia Lakes and Watershed Association, Virginia Section of the American Society of Civil Engineers, the Virginia Chapter of the American Planning Association, and similar organizations. Similarly, the City intends to publicize the grant projects on its website. L1 I I f---BUDGEt NARRAtIve-, ,q:.""/,,, ':'''",,~ ',~:,..~ ' t BUDGET CATEGOR~ES & ITEMIZED DESCRIPTIO~ .. WQIF Gran~__ ~:~~~_ I . ~~~~ONNEL _____~ersonnel Subtotal-? $ 0 ___ $ 0 i FRINGE BENEFITS Fringe Subtota/~ $ 0 $ 0 1--------- -- ~ TRAVEL Travel SubtotaH $ 0 $0 1---------- EQUIPMENT Equipment Subtotal-? - SIGNAGE FOR RIPARIAN BUFFERS, OUTDOOR CLASSROOM; WATER QUALITY EDUCATION KIOSK, DROP INLET RETROFIT SUPPLIES Supplies Subtotal -? -- - PLANTS & MULCH FOR RIPARIAN BUFFERS, PLANTS & MULCH FOR OUTDOOR CLASSROOM CONTRACTUAL -- - OPERATIONS FOR BOAT PUMP OUT, APPLICATION & DESIGN FOR GOLF COURSE NUTRIENT MANAGEMENT, DESIGN FOR DRY POND TO WET POND CONVERSION, DESIGN & MONITORING FOR DROP INLET RETROFIT, DESIGN FOR HORSE GRAZING SYSTEM CONSTRUCTION $ 932 $ 932 $ 932 $ 932 $ 4,000 $ 4,000 Contractual SubtotaJ-? $ 35,000 $ 4,000 $ 4,000 $ 35,000 Construction Subtotal-? - GOLF COURSE NUTRIENT MANAGEMENT - DRY POND TO WET POND CONVERSION - DROP INLET RETROFIT - HORSE GRAZING SYSTEM OTH ER DIRECT Other Direct Subtota/~ $ 35,000 $ 35,000 $ 94,000 $ 94,000 $ 12,500 $ 12,500 $ 54,000 $ 54,000 $ 15,000 $ 15,000 $ 12,500 $ 12,500 $0 $0 INDIRECT -------- Indirect Subtotal-? Not allowed $ 0 Not allowed TOT AL COSTS $ 133,932 $ 133,932 r i I I I , ,":' '\, .~. ,:I;~; ',~"'~;_~.." .Y' 'J >-, ,/, .: ~,.-:; .' '~', _ ":'.):~~".~;_ -r:.':t.Jt....j;:',.-:.'_~,;t:../_!)"'._l. -;'.,':":k', " ,!j:':-';"', :.__~' .,' '_, NPS RESULTS&NPS POt:L.UTION ~EJ).Oe:TION' ESTIMATE${'< ,., ,,, , ",' ,', .-. . " . ... " " .....', " .' '.. .' " (Specify and describe the type of BMPs to be installedf repairedf replacedf retrofitted or otherwise modified.) BMP(s) Name and Work Description Estimate Size or Quantity of BMP(s): Drainage Area: (If applicable) Estimated annual NPS reductions: (If possible) ,,- .- ):~~""'.' .c" .... .. BOAT PUMP OUT - N/A GOLF COURSE NUTRIENT MANAGEMENT - N/ A BUFFERS - RIPARIAN BUFFER PLANTINGS DRY POND TO WET POND CONVERSION OUTDOOR CLASSROOM - N/ A WATER QUALITY EDUCATION KIOSK - N/A DROP INLET RETROFIT HORSE GRAZING SYSTEM (Specify targeted number of acresf linear feetf number of units or other appropriate unit for BMPs to be implemented.) BOAT PUMP OUT - N/A GOLF COURSE NUTRIENT MANAGEMENT - N/A BUFFERS - RIPARIAN BUFFER PLANTINGS - 4,2 AC. DRY POND TO WET POND CONVERSION - 45,500 CU.FT, OUTDOOR CLASSROOM - N/ A WATER QUALITY EDUCATION KIOSK - N/A DROP INLET RETROFIT - 0.16 AC. HORSE GRAZING SYSTEM - 17,0 AC. (Estimate drainage areaf such as acres to be treated by BMP(s) and including % acres or % of area to be treated that is pervious vs. impervious.) BOAT PUMP OUT - 2,549 AC.; 30% IMPERVIOUS GOLF COURSE NUTRIENT MANAGEMENT - 292 AC.; 5% IMPERVIOUS BUFFERS - RIPARIAN BUFFER PLANTINGS - 4.2 AC.; 0% IMPERVIOUS DRY POND TO WET POND CONVERSION - 17.4 AC; 38% IMPERVIOUS OUTDOOR CLASSROOM - N/ A WATER QUALITY EDUCATION KIOSK - N/A DROP INLET RETROFIT - 0,16 AC.; 100% IMPERVIOUS HORSE GRAZING SYSTEM - 17.0 AC.; 10% IMPERVIOUS k Sediment Nitrogen Phosphorus un no 123,2 (Ibs) 57.92 (Ibs) wn - ~~~~)s) 2.1323 X 1013 + bacteria (fecal List other Pollutant(s) and coliform & e. coli); 8.8 x 106 + mg reductions (e,g, Pathogens), oxygen demanding substances (BOD) (., I I r-- Describe basis or source for NPS reduction estimates: Other NPS Results information: (e.g, SWM engineering calculation( Bay Model efficiencies( TMDL studies and implementation plans( National Small Flows standards for septic( scientific study results( manufactured BMP design specifications( etc.) BOAT PUMP OUT - HRSD SEWAGE SAMPLING DATA; ESTIMATED FOR BOATS FROM PREVIOUS EFFORTS GOLF COURSE NUTRIENT MANAGEMENT - CITY OF VIRGINIA BEACH PARKS & RECREATION ESTIMATE FROM GOLF COURSE NUTRIENT MANAGEMENT DATA BUFFERS - DCR/DCBLA RIPARIAN BUFFER MANUAL DRY POND TO WET POND CONVERSION - CBPA CALCULATIONS OUTDOOR CLASSROOM - N/A WATER QUALITY EDUCATION KIOSK - N/A DROP INLET RETROFIT - BACTERRA PRODUCT SPECS HORSE GRAZING SYSTEM - NORTHERN VA SWCD & PRINCE WILLIAM SWCD HORSE GRAZING SYSTEM RESEARCH NURP and US EPA loadings and reductions criteria as set forth in the James River Final Tributary Strategies Implementation Plan and the EPA Urban Runoff Pollution Prevention and Control Planning Handbook I I I I COMMONWEALTH OF VIRGINIA Department of Conservation and Recreation Attachment B Project Financial Report Form Water Quality Improvement Fund DCR Grant Agreement: 2007-WQIF-32 FederallD # Grantee: Contact Person: Mailing Address 54-0711062 City of Virginia Beach Phone #: 757-385-4899 Clay Bernick Emai/: cbernick@vbgov.com Department of Planning, 2405 Courthouse Drive, Building 2, Room 115 Virginia Beach, VA 23456-9040 Virginia Beach Water Quality Coordination & Program Enhancement Project Project Title: Reporting Period: (beginning date) (end date) January - March April - June July - September October - December 2007 2008 2009 OCR Funds (State) Project Current Cumulative Budget Expenditures Expenditures Personnel $ $ $ Fringe $ $ $ Travel $ $ $ Equipment $ 932.00 $ $ Supplies $ 4,000.00 $ $ Contractual $ 35,000.00 $ $ Construction $ 94,000,00 $ $ Other Direct $ $ $ 'TOTAL $ 133,932.00 $ $ Total Reimbursement Request: $ MATCH Funds 932.00 4,000.00 35,000.00 94,000.00 133,932.00 Project Match Current Match Cumulative Match Budget Expenditures Expenditures Personnel $ $ $ $ Fringe $ $ $ $ Travel $ $ $ $ Equipment $ 932.00 $ $ $ Supplies $ 4,000.00 $ $ $ Contractual $ 35,000,00 $ $ $ Construction $ 94,000,00 $ $ $ Other Direct $ $ $ $ Indirect $ $ $ $ *TOT AL $ 133,932.00 $ $ $ 'Unexpended Match Balance 932.00 4,000.00 35,000,00 94,000.00 133,932.00 Authorized Signature: Date: . These cells are formulas on the electronic version of this form, For an electronic copy of this form contact the OCR Project Manager. I I .DCR Department of Conservation &.. Recreation C9N_~ul.VI~G-qIRl;TN~ ~"ATUlfALI](~R~f1o.tJ~L E9jJic~ Attachment C 2007~WQIF-32 !\::,filestone Table Sponsor: City of Virginia Beach Name of Project: Water Quality Coordination & Program Enhancement Project NOTE: For an electronic copy of this foml contact the DCR Project Manager. .,'~l~r=!~~~ii~:~c \~~~;f-~:~;;~ Submit qUalierly budget and project Virginia Beach narrative reports, and required forms to DCR by the 15th day following the end of each calendar uarter. Jan 15, 2008 & quarterly through Jan 15,2010 Submit Operation and Maintenance Virginia Beach Plan to DCR for approval. 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ClI Q QJ E ell Z = ell 'y '2 .s::l (,J dol E-< = o += r..l c<l...... = Cll ,SQ '" = - Q c:: ell Ql) 0. '<i; ... 00 _ tlCl.l.,5 Q= ~ ~a:; _.:: J:l...... ClIO (,J -- .- ':> -,::: 0. "- 0. I.. .- Cll ell c,/ III ~ ~ < ._'" -t:3- ~ l1 c:: - ;J~ c:: = 0 o - +::Cl.l~ Q..s::l 't:! .- QJ = b.s::l ell tl ~ ~ ecE QjI ..... ...... E 1,,/ '" C'l ~ ~ z : - QJ '" 0 .!:! ~ > tio.~ c<l - ~ !:i. Po-. QJ 0 ~:::1.. ~.EI,,/ ~"- e- ..,. I/) .... N !'f) ..,. Vl p.. ?- ~ ~ ~ -< - -0 ~ E o u.. ~ U o o p r:. sO ~ Vl ;... V ~ I I Attachment E COMMONWEAL TH OF VIRGINIA TERMS AND CONDITIONS A. APPLICABLE LAWS AND COURTS B. ANTI-DISCRIMINATION C. AUDIT D. A V A1LABILITY Of FUNDS E. AWARD OF GRANT F. CHANGES TO THE GRANT AGREEMENT G. ETHICS IN PUBLIC CONTRACTING H. MANDATORY USE OF STATE FORM AND TERl'v[S AND CONDITIONS L NONDISCRIMINATION J, PAYMENT K. QUALIFICATIONS OF PROJECT SPONSORS L. TESTING AND INSPECTION M. RENEWAL OF GRANT AGREEMENT N. SMALL, WOMEN, AND MINORITY-OWNED BUSINESSES E-1 E-I B-2 E-2 E-2 B-2 E-2 E-3 E-3 E-3 E-3 E-3 E-3 E-3 A. APPLICABLE LAWS AND COURTS: This grant agreement shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the courts of the Commonwealth. The agency and the grantee are encouraged to resolve any issues in controversy arising from the award of the grant using Alternative Dispute Resolution (ADR) procedures (Code of Virginia, ~ 2.2-4366). The grantee shall comply with all applicable federal, state and local laws, rules and regulations. B. ANTI-DISCRlMINA TlON: By accepting a grant award, project sponsors certify to the Commonwealth that they will confonl1 to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and S 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the grant on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, S 2.2-4343.1 E). In every grant award over $10,000 the provisions in 1. and 2. below apply: 1. During the perfomlance of this grant, the grantee (contractor) agrees as follows: a. The contractor wilJ not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona tide occupational qua Ii fication reasonably necessary to the nonnal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscriminatIOn clause. E-I I I II b. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor. will state that such organization is an equal opportunity employer. c. Notices, advertisements and solicitations placed in accordance with federal law, nile or regulation shall be deemed sufficient for the purpose of meeting these requirements. 2. The grantee will include the provisions of 1. above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor. C. AUDIT: The grantee shall retain all books, records, and other documents relative to this grant agreement for five (5) years after final payment, or until audited by the Commonwealth of Virginia, whichever is sooner. The agency, its authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials during said period. D. A V AILABILITY OF FUNDS: It is understood and agreed between the parties herein that the agency shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this grant agreement. E. A WARD OF GRANT: Selection shall be made of project sponsors deemed to be fully qualified and best suited among those submitting proposals on the basis of the evaluation factors included in the solicitation. Negotiations may be conducted with the project sponsors so selected, as deemed necessary. Price shall be considered, but need not be the sole determining factor. The Commonwealth may cancel solicitations or reject proposals at any time prior to an award, and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous (Code of Virginia, S 2.2-4359D). F. CHANGES TO GRANT AGREEMENT: Changes can be made to the grant agreement in the following ways: 1. The parties may agree in writing to modify the scope of the grant agreement. An increase or decrease in the price of the grant resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the grant agreement. 2. The granting agency may order changes within the general scope of the grant agreement at any time by written notice to the grantee. Changes within the scope of the grant agreement include, but are not limited to, things such as services to be performed and the place of delivery or installation. The grantee shall comply with the notice upon receipt. The grantee shall notify the granting agency, in advance, if additional costs may be incurred as the result of such order and shall give the granting agency a credit for any savings. Said compensation shall be determined by mutual agreement between the parties in writing. G. ETHICS IN PUBLIC CONTRACTING: By accepting a grant award, grantees certify that their proposal was made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other project sponsor, supplier, manufacturer or subcontractor in connection with their proposal, and that they have not conferred on any public employee having official responslbility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promlsed, unless consideration of substantially equal or greater value was exchanged. E-2 I I H. MANDATORY USE OF STATE FORM AND TERi'VIS AND CONDITIONS: failure to submit a proposal on the official state application form and following proposal submission guidelines provided for that purpose may be a cause for rejection of the proposal. Modification of or additions to the TcmlS and Conditions of the solicitation may be cause for rejection of the proposal; however, the Commonwealth reserves the right to decide, on a case-by-case basis, in its sole discretion, whether to reject such a proposal. 1. NONDISCRIMINATION OF PROJECT SPONSOR: Project sponsors shall not be discriminated agamst in the solicitation or award of grants under this program because of race, religion, color, sex, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment. J. PAYMENT: Any payment terms requiring payment in less than 30 days will be regarded as requiring payment 30 days after invoice is submitted. [The Attachment B included with this Agreement. completed and signed, services as the project invoice.] A grantee awarded a grant under this program is hereby obligated: (1) To pay the subcontractor(s) within seven (7) days of the grantee's receipt of payment from the Commonwealth for the proportionate share of the payment received for work performed by the subcontractor(s) under the grant; or (2) To notify the agency and the subcontractor(s), in writing, of the grantee's intention to withhold payment and the reason. K. QUALIFICATIONS OF PROJECT SPONSORS: The Commonwealth may make such reasonable investigations as deemed proper and necessary to determine the ability of the project sponsor to perform the services and the project sponsor shall furnish to the Commonwealth all such information and data for this purpose as may be requested. The Commonwealth further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such project sponsor fails to satisfy the Commonwealth that such project sponsor is properly qualified to carry out the obligations of the proposal and to provide the services and/or furnish the goods contemplated therein. L. TESTING AND INSPECTION: The Commonwealth reserves the right to conduct any test / inspection it may deem advisable to assure goods and services conform to specifications. M. RENEWAL OF GRANT AGREEMENT: This grant agreement may be renewed by the Commonwealth for successive funding periods under the terms and conditions of the original agreement. Price increases may be negotiated only at the time of renewal. Written notice of the Commonwealth's intention to renew shall be given approximately 90 days prior to the expiration date of each agreement period. N, SMALL, WOMEN, Ai~D MINORITY-OWNED BUSINESSES SUBCONTRACTING: Where it is practicable for any portion of the awarded grant to be subcontracted to other suppliers, the contractor is encouraged to offer such business to small, women, and/or minority-owned (SWAM) businesses. E-3 I I I I - 41 - Item V-K8. ORDINANCES/RESOLUTION ITEM # 57850 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution to set City Employee and Retiree Health Care contribution rates for Plan Year 2009. Voting: 9-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Ron A. Villanueva July 8, 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 A RESOLUTION TO SET CITY EMPLOYEE AND RETIREE HEALTH CARE CONTRIBUTION RATES FOR PLAN YEAR 2009 WHEREAS, by resolution adopted on June 24, 2008, City Council established a policy that all current employees and future retirees shall contribute to the cost of their health care coverage. WHEREAS, the resolution provides that for the 2009 plan year, current employees and employees who retire during calendar year 2009 shall pay a premium of $25 per month for single subscriber coverage in the HMO plan. WHEREAS, the resolution also provides that other premiums shall also be set by City Council, with a recommendation from the City Manager based on the experience of the plan, the health care fund balance, the City's annual contribution amount, and the remaining premium cost. WHEREAS, the City Manager has proposed a rate schedule, attached hereto as Exhibit A, which is based on the experience of the plan, the health care fund balance, the City's annual contribution amount, and the remaining premium cost. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby adopts the rates set forth in Exhibit B for plan year 2009. Adopted by the Council of the City of Virginia Beach, Virginia on the -S.th- day of Jul y, 2008. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AlatLJ)tJ~ Deputy City Manager ~~'S~ CA10809 R-1 July 1, 2008 I I CII g ~~~ o.c ::I 'Q,t::9 Eol> w:l!g (,) c 3l~,g 1)'.c ::I "Q.g@ ~:l!g (,) CII CII CII III :-.'" .2 e a.... E.5 UJt;t. ~;#''#.*,*,~cf? C:Of"'-ooC:O c.i~aci ci ~ CII III I e :-.'" o c i5.>. E- wS c o :l! 0000000 00("")0000 ..ocidcicicid N~OO~~,,",~ ~ ~ ffl . . 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'0; > '" a c U) c '" a: I I (ij 19 (ij Ul 0 0 c 0 ro 15 15 15 a:: ~ ~ ~ CJ) CJ) CJ) <( c <Il c <Il c <Il (ij ~ Ul ~ Ul ~ Ul 0 !2 u ~ !2 u ~ !2 !2 ~ I- := 0 :=0 0 >-.c .c a. >-.c .c a. >-.cE a. 'CuuCJ) 'C UU(/) 'CUU(/) 0 + + + 0 + + + 0 + + + Q) Q; Q; Q; <Il Q; Q; Q; Q; Q; Q; Q; .c.c.c.c .c.c.c.c .c.c.c.c 'L: 'C 'C 'C "C'C'C 'C 'C'C'C 'C 0 000 o 0 0 0 0 0 0 0 Ul Ul Ul Ul 'E Ul Ul Ul Ul E Ul Ul Ul Ul E .c.c.c.c .c.c.c.c .c .c .c .c ~ ~ ~ ~ ro ~ ~ ~ ~ ro ~ ~ ~ ~ ro CJ)CJ)CJ)CJ)LL CJ)CJ)CJ)CJ)LL CJ)CJ)CJ)CJ)LL 19 .9 .c ~ CJ) I I I I Exhibit B City Manager Recommendation Health Care Rates for City Employees and Retirees Plan Year 2009 (January 1 - December 31,2009) Health Care Rate Changes Adopted by City Council on June 24,2008 . Recommended rates are based on the experience of the plan, the health care fund balance, the City's annual contribution amount ($5,400), and the remaining premium cost. Note: The City's contribution amount is transferred from the Operating Budget to the Health Care Fund for employees and eligible retirees who enroll in the health plan. . Blended rate (active employees and retirees experience) for the HMO single subscriber coverage ($25/month). · No tier or plan is provided at $0 employee or retiree contribution. . All spouse/dependent levels of coverage have been reviewed and some adjustments are recommended. Recommendation: Blended rates for HMO spouse/dependent levels of coverage and all PPO and Basic PPO levels of coverage, Therefore, in 2009, there would still be some implicit subsidy in spouse/dependent and retiree rates, Recommendation: The retiree POS is open to all retirees and is the only option available to employees with less than 25 years of service who retire after June 24, 2008. · For retirees with 25 or more years of service (5 or more years of service with work related disability), the recommended subscriber only rate would increase from $5.50 to $39.50 per month and other levels of coverage would change from - 1.2% to 0%. · For retirees with less than 25 years of service, the recommended increases range from -1.2% to 6%. There would still be an implicit subsidy in 2009 POS rates. The recommendation is hold the increases, other than for subscriber only, to a maximum of 6%. Otherwise some tiers would increase beyond 6%, as much as 11.6%. Based on 2009 experience, recommended rates for 2010 will address additional adjustments needed. I I - 42- V-L. PLANNING ITEM 57851 1. NIMMO CHILDCARE AND RESOURCE LEARNING CENTER, INC. 2. DA VE WILSON 3. WELDENFIELD OF VIRGINIA, L.L.C. 4. JACK FERREBEE, et al 5. CHECKERED FLAG MOTOR CAR CO., INC. 6, LORETTA LANE, L.L.C. (Sandy's Angels Daycare) 7. HUNT CLUB FARMS 8. VIRGINIA BEACH SCHOOL BOARD 9. WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC. 10, CITY ZONING ORDINANCE II Modification of Conditions (Denied May 6, 2008) NONCONFORMING USE CONDITIONAL CHANGE OF ZONING STREET CLOSURE CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING MODIFICATION OF CONDITIONS AMENDING the City Zoning Ordinance (CZO) regulations pertaining to communication towers and building- mounted antennas July 8, 2008 I I I I - 43 - Item V-L. ITEM 57852 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, Items 1 (DEFERRED), 2 (DEFERRED), 3 (DEFERRED), 4, 5 (DEFERRED), 6, 7, 8 and 9 of the PLANNING BY CONSENT AGENDA. Item 1 (NIMMO CHILDCARE), Item 2 (DA VE WILSON), Item 3 WELDENFIELD) and Item 5 (CHECKERED FLAG), were DEFERRED, BY CONSENT, until the City Council Session of August 12, 2008. Voting: 9-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Ron A. Villanueva July 8, 2008 I I I I - 44- .Item V-L.l. ITEM 57853 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED until the City Council Session of August 12, 2008, RECONSIDERATION of the application for NIMMO CHILDCARE and RESOURCE LEARNING CENTER, INC. re the Modification of Conditions (approved by City Council on November 23, 1993, in behalf of Donald G. Pratt and denied May 6,2008) ORDINANCE UPON APPLICATION OF NIMMO CHILDCARE & RESOURCE LEARNING CENTER, INC. FOR THE MODIFICATION OF CONDITIONS FOR A REQUEST APPROVED BY CITY COUNCIL ON NOVEMBER 23, 1993 (DONALD G. PRATT Ordinance upon application of Nimmo ChildCare & Resource Learning Center, Inc. for the Modification of Conditions for a request approved by City Council on November 23, 1993 (Donald G. Pratt). Property is located at 2244 General Booth Boulevard (GPIN 2414066572). DISTRICT 7 - PRINCESS ANNE. Voting: 9-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Ron A. Villanueva July 8, 2008 I I I I - 45 - Item V-L.2. ITEM 57854 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED until the City Council Session of August 12, 2008, application of DA VE WILSON for the expansion of a Nonconforming Use at 109 53rd Street re alterations and additions: APPLICATION OF DAVE WILSON FOR THE EXPANSION OF A NONCONFORMING USE AT 109 53RD STREET RE ALTERATIONS AND ADDITIONS Application of DA VE WILSON for the Expansion of a Nonconforming Use on property located at 109 53rd Street (GPIN 2418896842). DISTRICT 5 - LYNNHA VEN. Voting: 9-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Ron A. Villanueva July 8, 2008 I I I I - 46- .Item V-L.3. ITEM 57855 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED until the City Council Session of August 12, 2008, Ordinance upon application of WELDENFIELD OF VIRGINIA, L.L.c. for a Change of Zoning from 1-I.Light Industrial District, R-5D Residential Duplex District and 0-2 Office District to Conditional R-7.5 Residential District with a PD-H2 Overlay re developing single-family dwellings and townhomes at Regent University Drive and Jake Sears Road ORDINANCE UPON APPLICATION OF WELDENFIELD OF VIRGINIA, L.L.c. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 1-1 LIGHT INDUSTRIAL DISTRICT, R-5D RESIDENTIAL DUPLEX DISTRICT AND 0-2 OFFICE DISTRICT TO CONDITIONAL R-7.5 RESIDENTIAL DISTRICT WITH A PD-H2 OVERLAY Ordinance upon application of Weldenfield of Virginia, L.L.c. for a Chanze of Zoninz District Classification from 1-1 Light Industrial District. R-5D Residential Duplex District and 0-2 Office District to Conditional R-7.5 Residential District with a PD-H2 Overlay on property located at the northwest intersection of Regent University Drive and Jake Sears Road (GPINs 1455571149; part of 1455666408). DISTRICT 1 - CENTERVILLE Voting: 9-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Ron A. Villanueva July 8, 2008 I I I I - 47- .Item V-LA. ITEM 57856 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, subject to compliance of conditions, Ordinance upon application of JACK FERREBEE, ET AL for the closure of a portion of an unimproved alley located between 55th and 56th Streets from Holly Road to Myrtle Avenue, Ubermeer Subdivision, re combining the alley with their adjoining lots Ordinance upon application of JACK FERREBEE, ET AL in the matter of closing, vacating and discontinuing a portion of that certain unimproved alley known as "PORTION OF 15' WAY TO BE CLOSED (3,795 SQ. FT. OR 0.087 ACRES)" as shown on that certain plat entitled "EXHIBIT OF PORTION OF 15' WAY TO BE CLOSED FOR LOTS 8, 16, 17, 18, 19, 20 & PART OF 21, BLOCK 10, UBERMEER (MB. 7, PG. 150) AND LOTS A, B, & C, BLOCK 10, RESUBDIVISION OF LOTS 9, 10, 11, & 12, UBERMEER (MB. 137, PG. 23) VIRGINIA BEACH, VIRGINIA" DISTRICT 5 - LYNNHA VEN The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of the 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 adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. Preliminary comments from Dominion Virginia Power indicate that they have facilities in the area proposed for closure and, as such, a final written agreement granting Dominion Virginia Power an easement shall be submitted and reviewed during final plat review. 4. The applicant shall verify that no other private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility companies must be provided. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval (July 7, 2009) 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 vote to close the right-of-way, this approval shall be considered null and void. July 8, 2008 I I .Item V-LA. PLANNING Voting: - 48 - ITEM 57856 (Continued) 9-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Ron A. Villanueva I I i July 8, 2008 I 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 IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN UNIMPROVED ALLEY KNOWN AS "PORTION OF 15' WAY TO BE CLOSED (3,795 SQ. FT. OR 0.087 ACRES)" AS SHOWN ON THAT CERTAIN PLAT ENTITLED "EXHIBIT OF PORTION OF 15' WAY TO BE CLOSED FOR LOTS 8, 16, 17, 18, 19, 20 & PART OF 21, BLOCK 10, UBERMEER (M.B. 7, PG. 150) AND LOTS A, B, & C, BLOCK 10, RESUBDIVISION OF LOTS 9, 10, 11, & 12, UBERMEER (M.B. 137, PG. 23) VIRGINIA BEACH, VIRGINIA" WHEREAS, Jack E. Ferrebee and Mary B. Ferrebee; John Oliver Wynne, Jr.; Ed Boice, III; Betty Russo; John F. Power and Elizabeth C. Power; TGF, L.C. and Jefferson Investors, L.L.C. (collectively the "Applicant") applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated, subject to certain conditions having been met on or before one (1) year from City Council's adoption of this Ordinance; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia: SECTION I That the hereinafter described street be discontinued, closed and vacated, subject to certain conditions being met on or before one (1) year from City Council's adoption of this ordinance: All that certain piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "PORTION OF 15' WAY TO BE CLOSED (3,795 SQ. FT. OR 0.087 ACRES)" as shown on that certain plat entitled: "EXHIBIT OF PORTION OF 15' WAY TO BE CLOSED FOR LOTS 8, 16, 17, 18, 19, 20 & PART OF 21, BLOCK 10, UBERMEER (M.B. 7, PG. 150) AND LOTS A, B, & C, BLOCK 10, RESUBDIVISION OF LOTS 9, 10, 11, & 12, UBERMEER (M.B. 137, PG. 23) VIRGINIA BEACH, G PI N: 2419-70-8246-0000, 2419-70-8205-0000, 2419-70-7253-0000, 2419-70-7202- 0002, 2419-70-6261, 2419-70-7369, 2419-70-7317, 2419-70-6355, 2419-70-5373 1 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 I I I VIRGINIA" Scale: 1"=40', dated January 28,2008, prepared by Landscape Architecture Land Surveying Civil Engineering, a copy of which is attached hereto as Exhibit A. SECTION II The following conditions must be met on or before one (1) year from City Council's adoption of this ordinance: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. 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 said 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 adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. Preliminary comments from the Virginia Dominion Power indicate that they have facilities in the area proposed for closure, and, as such, a final written agreement granting Dominion Virginia Power an easement shall be submitted and reviewed during final plat review. 4. The applicant shall verify that no private utilities exist within the right-of- way proposed for 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, the applicant shall provide easements satisfactory to the utility companies. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within one (1) year of approval by City Council. If all conditions noted above are not in compliance and the final plat is not approved within one (1) year of the City Council vote to close the street, this approval will be considered null and void. SECTION III 1. If the preceding conditions are not fulfilled on or before July 7, 2009, this Ordinance will be deemed null and void without further action by the City Council. 2. If all conditions are met on or before July 7, 2009, the date of final closure is the date the street closure ordinance is recorded by the City Attorney. 2 I I I I I 89 3. In the event the City of Virginia Beach has any interest in the 90 underlying fee, the City Manager or his designee is authorized to execute whatever 91 documents, if any, that may be requested to convey such interest, provided said 92 documents are approved by the City Attorney's Office. 93 94 SECTION IV 95 96 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 97 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 98 OF VIRGINIA BEACH as "Grantor" and JACK E. FERREBEE AND MARY B. 99 FERREBEE; JOHN OLIVER WYNNE, JR.; ED BOICE, III; BETTY RUSSO; JOHN F. 100 POWER AND ELIZABETH C. POWER; TGF, L.C. and JEFFERSON INVESTORS, 101 L.L.C. as "Grantee." 102 Adopted by the Council of the City of Virginia Beach, Virginia, on this 103 8thdayof July , 2008. 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III ~~ "\ :'> & 50,00' - ~ ~f'/ f'I'.\JOJ,(\',('\ N ~~~ ~~ .".J~ :l>v, o ~S} ~~ ~ - ~ o ..J \ q I I I I I - 49- Item V-L.5. ITEM 57857 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED until the City Council Session of August 12, 2008, Ordinance upon application of CHECKERED FLAG MOTOR CAR CO., INC.for a Conditional Use Permitfor 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 (GP IN 1467960131). DISTRICT 4 - BAYSIDE. Voting: 9-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Ron A. Villanueva July 8, 2008 I I I I - 50 - Item V-L.6. ITEM 57858 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance upon application LORETTA LANE, L.L.C.for a Conditional Use Permit, re bulk storage ORDINANCE UPON APPLICATION OF LORETTA LANE, L.L.c. FOR A CONDITIONAL USE PERMIT, FOR BULK STORAGE R070835282 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of LORETTA LANE, L.L.c. for a Conditional Use Permit. for bulk storage on property located at the western extremity of Loretta Lane, approximately 600 feet west of North Birdneck Road (GPIN 2417454343). AICUZ is Greater than 75 and APZ-l. DISTRICT 6 - BEACH The following conditions shall be required: 1. Development of the site shall substantially conform to the site plan entitled "Site Plan for Bulk Storage Facility; Property of Loretta Lane, LLC. " dated March 31, 2008. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 2. A Stormwater Management Plan must be submitted within sixty (60) days to the Planning Department/Development Services Center for review and approval. 3. The equipment storage yard shall have Category VI screening and a solid fence of at least six (6) feet tall along the southern entrance and a portion of the eastern property line. The Category VI screening shall be required adjacent and parallel to the existing and proposed chain linkfence as shown on the above-mentioned site plan. The Category VI screening with six (6)-foot tall solid fencing shall also extend twenty (20) feet to the west of the existing chain linkfence along the front property line. Category VI screening in these areas shall be in accordance to the requirements as specified in the Landscape, Screening and Buffering Specifications and Standards for the City of Virginia Beach. 4. The equipment storage yard may be gravel provided that the Planning Department / Building Code Official reviews and approves aformally requested waiver. In such case, the bulk storage yard shall consist of at least six (6) inches of aggregate and shall be delineated with curb-stops or some other City-approved material to contain the aggregate within the storage area. 5. Only storage of landscape materials including mulch, stone, soil and plant materials shall be permitted on the site. Only equipment and vehicles used in the conduct of the business on a daily basis shall be stored on the site. 6. No outdoor storage of inoperable parts, equipment or vehicles shall be permitted. 7. The area earmarkedfor "restoration" on the above-mentioned plans shall be in receipt of no less than 75 trees (50% evergreen and 50% deciduous), 100 shrubs and 3 to 4 inches of organic material. July 8,2008 I I I ,I - 51 - Item V-L,6. ITEM 57858 (Continued) PLANNING 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 Eighth of July Two Thousand Eight Voting: 9-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Ron A. Villanueva July 8, 2008 I I I ,I - 52- Item V-L. 7. ITEM 57859 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance upon application of HUNT CLUB FARMS for a Conditional Use Permitfor recreationfacilities: ORDINANCE UPON APPLICATION OF HUNT CLUB FARMS FOR A CONDITIONAL USE PERMIT FOR RECREATION FACILITIES OF AN OUTDOOR NATURE R070835283 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of HUNT CLUB FARMS for a Conditional Use Permit for recreation facilities of an outdoor nature on property located at 2356-2400 London Bridge Road (GPINs 2405900607; -0218; -812185; -914155). DISTRICT 7 -PRINCESS ANNE. The following conditions shall be required: 1. The activities shall be operated as depicted on the submitted exhibit "HALLOWEEN EVENT ACCESS PLAN", dated January 18,2008, prepared by Gallup Surveyors and Engineers, Ltd. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The activities shall be operated as depicted on the submitted exhibit "HOLIDAY DISPLAY EVENT", dated October 17,2007, prepared by Gallup Surveyors and Engineers, Ltd. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The Halloween event shall be in operation from October rt through October 3 rt. The hours of operation shall befrom 7:00 p.m. until 11:00 p.m. 4. The Winter Wonderland event shall be in operation from Thanksgiving through December 3rt. The hours of operation shall befrom 9:00 a.m. until 9:00 p.m. 5. Temporary curb cut shall be restricted to passenger vehicles only and shall meet ADA requirements. 6. The sidewalk and curb altered by the temporary curb cut shall be restored to City Standards when the event is complete. 7. Posted "one-way" sign and "stop" sign shall remain posted throughout the duration of the event/temporary opening. 8. A certified Police Officer and certified traffic monitor shall assist with traffic control. 9. A traffic control plan, notes and hours of construction shall be required with detailed site plan submittal. July 8, 2008 I I I ,I I - 53 - Item V-L.7. ITEM 57859 (Continued) PLANNING 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 Eighth of July Two Thousand Eight Voting: 9-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Ron A. Villanueva July 8,2008 i I " I il - 54 - Item V-L.8. ITEM 57860 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance upon application of VIRGINIA BEACH SCHOOL BOARD for a Conditional Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF THE SCHOOL BOARD, CITY OF VIRGINIA BEACH FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-l AND AG-2 AGRICULTURAL DISTRICT TO CONDITIONAL 1-2 Z07081215 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of the SCHOOL BOARD, CITY OF VIRGINIA BEACH for a Chanf!e of Zoninf! District Classification from AG-l and AG-2 Agricultural District to Conditional 1-2 Heavy Industrial District on property located on the east side of Harpers Road, approximately 6900 feet south of Oceana Boulevard (GPIN 2405879659). AICUZ is Greater than 75 and APZ 2. DISTRICT 6 - BEACH 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. 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 Eighth of July Two Thousand Eight Voting: 9-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Ron A. Villanueva July 8,2008 I I , I I I CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-7090 DATE: June 25, 2008 TO: FROM: Leslie L. Lille~~ B. Kay Wilso~ DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; School Board of the City of Virginia Beach The above-referenced conditional zoning application is scheduled to be heard by the City Council on July 8, 2008, I have reviewed the subject proffer agreement, dated April 21,2008 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 I I PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS THE TAYLOR GROUP, LLLP AND THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH, VIRGINIA TO THE CITY OF VIRGINIA BEACH This Agreement, made the ..1 , sf" day of AD C"i L _, 2008, by and between THE TAYLOR GROUP, LLLP ("Taylor Group") andTHESCHOOL BOARD OF THE CITY OF VIRGINIA BEACH, VIRGINIA (the "School Board") (Taylor Group and the School Board shall be collectively referred to herein as the "Grantor"), and THE CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia ("Grantee"). WITNESSETH: WHEREAS, Taylor Group is the owner ofthat certain parcel of property (the "Property") located in the City of Virginia Beach, Virginia, containing approximately 20.00 acres and more particularly described as follows: All the certain lot, piece or parcel of land, with the building and improvements thereon, containing 20 acres of land, situate lying and being in the Princess Anne Borough of the City of Virginia Beach, Virginia, and being known, numbered and designated as Tract A, as shown on that certain plat entitled, "RESUBDIVISION OF PART OF THE PROPERTY OF THE TAYLOR GROUP, L.P., A VIRGINIA LIMITED PARTNERSHIP, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA", Scale 1" = 200', January 15, 1993 (MB 3, P 5; MB 6, P 217; MB 10, P 76; MB 156, P 23 & 24), which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 226, at pages 7, 8, and 9. WHEREAS, by agreement of sale, Taylor Group has agreed to sell the Property to The School Board of the City of Virginia Beach, Virginia (the "School Board"); and WHEREAS, the School Board (on behalf of Taylor Group) has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from AG-I to Conditional 1-2; 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, Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned I I are needed to cope with the situation to which Grantor's rezoning application gives rise; and WHEREAS, 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 Zoning Map with respect to the Property, the following reasonable conditions related to the physical redevelopment, 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, 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 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 Grantor, its 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, "Rezoning Site Development Plan", dated February 27,2008, prepared by Landmark Design, 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 "Concept Plan"). 2. When the building depicted on the Concept Plan is developed, its exterior appearance shall be substantially similar in architectural features, details and building materials to the exhibit entitled, "Proposed Rezoning Building Elevations", dated February 27, 2008, and prepared by Dills, Ainscough, Duff Architects, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Elevations"). 3. Further conditions may be required by the Grantee during detailed Site Plan and/or subdivision 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 the A-I and 1-2 Zoning 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. I I The above conditions, having been proffered by Grantor and allowed and accepted by 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. Grantor covenants and agrees that: I. 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 actions, 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 a decision of the Zoning Administrator, made pursuant to these provisions, 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. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.) I I I I I WITNESS the following signatures and seals: GRANTOR: THE TAYLOR GROUP, LLLP By: Name: 11 Title: A-u-\--~~< \ 2..eJ (SEAL) .J JZ '" ate: ~O& STATEOF Vi(~I~ CITY/COUNTY F '( fl1j u Bf Cc..rVl , to-wit: The foregoing instrument was acknowledged and sworn before me this Of<S.t- day of~,2008bY I . ~ yo- ,as flL-+vrifi kd C1. ser1t on behalf of 6r,. \ \ \ \ \ II " " III, "" ~. CHA 'II" ,_I ..... ,,~^ ". " ~,. . . . J"V "" ' ".... ,.' y pUs." ~ ~ <'~ ". <::.. ~ ':i? () '.\ - :' REGISTRATION ~ = = : NUMBER : <t:: = -0 '-- \<i.....211471......$f ...... ~rl"'" ......\~" "" vAA~:.:....... ~~" //,:'VE:ALT\10 \\' " \\ 111111111\\\ My Commission Expires: My Registration No. 1-3/- 0'1 d114+1 GRANTOR: THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH, VIRGINIA By: JonV' s. Y.a\oco..y COMMONWEAL TH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged and sworn before me this ~lIia'i of I'YltuA- ',2008 by JO~V\ S. v..a IOCC4Y , on behalf of the School Board 0(.' the~nia Beach, Virginia. I.~~.I)~ NOT AR PUBLIC My Commission Expires: ~lj ~BO 7/JID My Registration No. I 'ir 2'l)'t'+ I ,..".._,..,,_'"w"""__""~~ id ~ ~ I I GRANTOR: THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH, VIRGINIA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged and sworn before me this 21V6 day of~, 2008 by James G. ~errill, on behalf of the School Board of the City of Virginia Beach, Virginia. who I~ ~o..li; ~ fr> ~ ~-~~ NOTARY PUBLIC My Commission Expires: 5~f 30 J z.ol () My Registration No: /13 '13/ Office of the Superintendent MAY 2 7 2008 I d - 55 - Item V-L.9. ITEM 57861 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance upon application of WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC. for Modification of Conditions re a multi-structure parking garage (approved by City Council on June 9, 1998) at 3100 Shore Drive ORDINANCE UPON APPLICATION OF WESTMINSTER- CANTERBURY OF HAMPTON ROADS, INC. FOR A MODIFICATION OF CONDITIONS FOR A REQUEST APPROVED BY CITY COUNCIL ON JUNE 9, 1998 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ORDINANCE UPON APPLICATION OF WESTMINSTER- CANTERBURY OF HAMPTON ROADS, INC. for a Modification of Conditions on an application approved by City Council on June 9, 1998. Property is located at 3100 Shore Drive (GPIN 1590004510). AICUZ is Less than 65. DISTRICT 5 - LYNNHA VEN The following conditions shall be required: 1. All conditions, with the exception of Number 1 attached to the Conditional Use Permit granted by the City Council on June 9, 1998, remain in affect. 2. Condition Number 1 of the June 9, 1998, Conditional Use Permit is deleted and replaced with the following: a. The parking structure shall be developed substantially in accordance with the submitted "SITE PLAN DIAGRAM AND CONCEPTUAL SITE PLAN- WESTMINSTER CANTERBURY" prepared by WPL Landscape Architects Land Surveyors Civil Engineers, dated April 1, 2008. Said plans have been exhibited to the City of Virginia Beach City Council and are onfile in the Planning Department. b. The parking structure shall be constructed substantially in accordance with the submitted "PERSPECTIVE PLANS LABELED 1-3, ELEVATIONS LABELED 4, SITE PLAN LABELED 5 AND LEVEL ONE, TWO AND THREE LABELED 6, 7, AND 8" prepared by SFCS, dated March 27, 2008. Said plans have been exhibited to the City of Virginia Beach City Council and are on file in the Planning Department. c. Trees on the site shall be preserved to the greatest of the applicant's ability substantially in accordance with the submitted "TREE PRESERVATION PLAN - WESTMINSTER CANTERBURY", prepared by WPL Landscape Architects Land Surveyors Civil Engineers, dated May 14, 2008. Said plans have been exhibited to the City of Virginia Beach City Council and are on file in the Planning Department, 3. The applicant volunteers to make a donation to the City's Tree Restoration - Shore Drive Area Trust Fund in the amount of $4,000 to partially offset the loss of live oak (Quercus Virginia) trees on the property to be developed. July 8, 2008 , I I - 56 - Item V-L. 9. ITEM 57861 (Continued) PLANNING 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 Eighth of July Two Thousand Eight Voting: 9-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Ron A. Villanueva July 8, 2008 I 'I - 57 - Item V-L.IO. ITEM 57862 PLANNING Attorney Stephen R. Romine, 999 Waterside Drive, Phone: 441-8921, Local Counsel for Verizon Wireless, expressed appreciation for allowing the industry to have positive interaction into the proposed Ordinance. This Ordinance is believed to improve, enhance and, hopefully, expedite approvals for Telecommunicationsfacilities across the City. One of the very positive features within the Ordinance is the opening of public property, allowing co-location on public sites, as well as encouraging co-location on Virginia Power Towers across the City. Vince Benedetto, 2600 Pinon Court, Phone: 301-2523, resident of Lago Mar. spoke in OPPOSITION. Some limitation is necessary to avoid eyesores such as a farm of cell towers littering the landscape. Mr. Benedetto opposed the use of preservation landfor Cell Towers. Lisa Murphy, 283 Constitution Drive, Suite 525, phone: 217-4537 represented New Cingular Wireless. PCS, LLC, which trades as AT and T This process commenced approximately one year ago. Ms. Murphy commended the City Manager's Planning and City Attorney's staff, especially Deputy City Attorney William Macali. If the antennas are placed on a VEPCO tower, certain requirements must be met, and notice provided to the adjoining property owners prior to site plan approval. The Ordinance does not automatically allow towers in Preservation areas, but permits them with a Conditional Use Permit. Ms. Murphy suggested an amendment on page 12, line 484: "Existing landscaving. or other screening could meet the requirements of this section. " Severino Di Croce, 928 Rio Grande Drive, Phone; 721-9228, ten (10) year resident, spoke in OPPOSITION. Mr Di Croce expressed concern re the lack of restriction on the number of antennas, which can be placed on a building, as long as screenedfrom view, lack of restriction in number of antennas on afree standing tower, and the use of preservation land for Cell Towers. Anne Eberwein, 2600 Rio Grande Court, Phone; 301-3697, resident of Lago Mar, OPPOSED to the use o.fpreservation landfor Cell Towers. Ms, Eberwein was also concerned re land restriction and number of antennas placed on existing buildings, towers, or power lines. Veronica Guagenti, 913 Estrella Court, Phone; 426-5329, resident of Lago Mar. Ms. Guagenti read a portion of the original ordinance for the P-l Preservation District. Ms. Guagenti was OPPOSED to the use of preservation landfor Cell Towers. Bill Gambrell, 207 23rd Street, Land Planer, represented T-Mobile, and expressed appreciation to the City staff. The Ordinance does not state the preservation areas will be used for communication tower sites. Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council DEFERRED TO AUGUST 26. 2008, AND SCHEDULED A BRIEFING PRIOR TO AUGUST 26, 2008: Ordinance AMENDING the City Zoning Ordinance (CZO) regulations pertaining to communication towers and building-mounted antennas, including definitions, pre-application and application requirements, location, landscaping and other requirements as well as Zoning Districts where permitted. The verbiage as originally recommended by the staff shall also be presented for City Council's review. Amendment presented by Lisa Murphy (page 12, line 484) shall also be presented. July 8,2008 I I - 58 - Item V-L.I0. ITEM 57862 (Continued) PLANNING Council Lady McClanan expressed concern re the preservation area. With the location of cell towers, if this is preservation land, what are we preserving? Council Lady McClanan appreciated the comments of the Lago Mar residents Council Lady Henley expressed concern re cell towers being located in the preservation area. The comments of Lago Mar residents are important to consider. The recommendation by the Staff is staff recommends approval (without the modification of the P-l District recommended by the Planning Commission). Deputy City Attorney Macali advised P-l includes school sites, neighborhood parks, which are in some cases good sites compared to natural or open space P-l. The staff believes this type of P-l is appropriate to allow a Conditional Use Permit. Wording could be placed within the ordinance to designate the appropriate P-l. The current ordinance states the minimum set backfrom the base of the tower to any property line abutting a residential use or District is 110% of the height of the tower. Council Lady Henley wished the word "structure" not be included in the language re the 110%. The strength of the tower structure will limit the number of the antennas. Voting: 9-0 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Ron A. Villanueva July 8, 2008 - 59 - Item v.M.1. APPOINTMENTS ITEM #57863 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: HISTORIC PRESERVATION COMMISSION I I I July 8, 2008 - 60- Item v'M.2. APPOINTMENTS ITEM #57864 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Dianna McDowell Three year term 07/01/2008 - 06/30/2011 BIKEWAYS and TRAILS ADVISORY COMMITTEE Voting: 9-0 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Ron A. Villanueva I 'I July 8, 2008 - 61 - Item V.M 3. APPOINTMENTS ITEM #57865 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Maggie Sizer Three year term 04/01/2008 - 03/31/2011 HUMAN RIGHTS COMMISSION Voting: 9-0 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Ron A. Villanueva I I July 8, 2008 - 62 - Item V.M 4. APPOINTMENTS ITEM #57866 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Carla Bailey Two year term 06/01/2008 - 05/31/2010 MINORITY BUSINESS COUNCIL Voting: 9-0 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Ron A. Villanueva "I I July 8,2008 - 63 - Item V,M 5. APPOINTMENTS ITEM #57867 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Robert Cantrell Unexpired term through 05/3//2010 OPEN SPACE ADVISORY COMMITTEE Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoif, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Ron A. Villanueva I 'I July 8, 2008 - 64 - Item V.M 6. APPOINTMENTS ITEM #57868 Upon NOMINA TlON by Vice Mayor Jones, City Council APPOINTED: Terry Jenkins Unexpired term through 08/31/2008 plus three years 09/01/2008 - 08/31/2011 REVIEW and ALLOCATION COMMITTEE (COG) Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. OberndorJ, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Ron A. Villanueva , I 'I July 8, 2008 . 1 'I - 65 - Item v.P,J. ADJOURNMENT ITEM # 57869 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:35 P.M. ~o~-~~fr~{"/ Chief Deputy City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia July 8, 2008 - 65 - Item v.P.1. ADJOURNMENT ITEM # 57869 I I Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:35 P.M. ~ tJ. ~c1)..;(, -- ---- --- ------------------- Beverly . Hooks, CMC Chief Deputy City Clerk ~-t,-- - Meyera E. Oberndorf Mayor uth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia July 8, 2008