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SEPTEMBER 2, 2008 AGENDA " I CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL 'viA YOR MJ:YHRA J:. OH/:"RNDORF AI-I.arge VI( '/:" MA YOIl I.oUIS R, JON/:"S, Hays/de - /Jis/r/<'I -I WilLIAM R. /JeSTl:'PH, AI-I.arKe I-fARRl' E, /JII:'ZHL, Kemp"Vllle - IJ",/r/<'I 2 ROH/:"RT M, OYHR" ('enlervtlle - IJ/.'Irlcl / ~ARHARA M. HENI.EY, Prmce.... Anne IJ",lrlcl7 '?/:"HA S. Me( 'LANAN, Rose Hall - IJ,s/r/<'I J lOHN H. (IHRIN, Heach O",mcl6 ,,?ON A, VIU.ANUEVA, AI-I,arKe /WSEMARY WILSON, AI-I.arKe IAMD, L. WOOO, I,ynnhaven -O,Mrlcl 5 CITY COUNCIL AGENDA ('ITY MANAGER - JAMES K. SPORE CITY A7TORNEY - LI:.~W,IE L. W,LEY CITY ASSESSOR - JERALO HANAGAN CITY AlIf)f7VR - t.YNIX1N S. REMIAS ( ITY ('I,HRK - RUTH HOf)(;ES FRASER, MMC SEPTEMBER 2, 2008 I. CITY MANAGER'S BRIEFINGS -Conference Room - A. HOUSING AND NEIGHBORHOOD PRESERVATION Ron Ripley, Chairman, Planning Commission Subcommittee Andrew Friedman, Director, Housing and Neighborhood Preservation B. FOSTER CARE UPDATE Robert Morin, Director, Human Services C. ~LIZABETH RIVER WATERSHED RESTORATION and CONSERVATION ACTION PLAN Clay Bernick, Coordinator, Environment Management Center II. CITY COUNCIL LIAISON REPORTS III. COUNCIL COMMENTS IV. REVIEW OF AGENDA CIn' HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL.Ctycncl@vbgov.com 2:00 PM I I I V. INFORMAL SESSION - Conference Room - 3:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Mark Bailey Pastor, Carpenter's House Ministries C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS August 26, 2008 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARING i Ii Ii i I I I ! 1. IL GIARDINO RISTORANTE - Open Air Cafe I. CONSENT AGENDA II ~ ! ~ I!: I I J. ORDINANCES 1. Ordinances to AMEND the Code: a. ADD Section 21-222 to RE-ESTABLISH and AUTHORIZE the use of Red Light Photo- Monitoring Systems at traffic lights. b. SectIOn 27-5.1 re BURGLAR ALARM PERMIT service charges for thIrd-party alarm companies to notify the Police 2. Ordinances re COMPENSATION: a. City Manager b. City Attorney c. City Clerk d. City Real Estate Assessor 3. Ordinance to GRANT two temporary franchises re an Open Air Cafe for Theme Restaurants, Inc. t/a II Giardino Restorante at 910 Atlantic Avenue 4. Ordinance to DESIGNATE an area between Bonney Road and Interstate 264 as an Economic Redevelopment Area (EDIP) 5. Ordinance to AUTHORIZE a temporary encroachment into portIOns of the City's right-of-way for RICHARD V. and KRISTEN C. HAMPTON, to construct and maintain a bulkhead, pier and floatmg dock in Harbor Canal at 2336 Spindnft Road (DISTRICT 5 - L YNNHA VEN) 6. Ordinances to ACCEPT and APPROPRIATE: a. $15,000 GRANT from the Department of Homeland Security to the Fire Department re tactical rescue equipment b. $98,093 GRANT from the Virginia Department of Cnminal Justice Services re establishment of a Crisis Intervention Team K. APPOINTMENTS HISTORIC SITES ORGANIZING COMMITTEE HUMAN RIGHTS COMMISSION PARKS AND RECREA nON COMMISSION REVIEW AND ALLOCA nON COMMITTEE WETLAND'S BOARD WORKFORCE HOUSING ADVISORY COMMITTEE L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT I I Agenda 9/2/08/st www.vbgov.com ********************************** PUBLIC COMMENTS Non-Agenda Items ********************************** Comprehensive Plan Open Houses September 15,2008 Tallwood Elementary School District # I - Centerville 7:00-9:00 PM September 18, 2008 Fairfield Elementary School District #2 - Kempsville 7:00 - 9:00 PM September 22, 2008 Red Mill Elementary School Dlstnct #7 - Pnncess Anne 7:00 - 9:00 PM September 29, 2008 Creeds Elementary District #7 - Pnncess Anne 7:00 - 9:00 PM October 2, 2008 Landstown High School District #7 - Princess Anne 7:00 - 9:00 PM October 6, 2008 Bow Creek Recreation Center District #3 - Rose Hall 7 :00 - 9:00 PM Dlstnct #6 - Beach October 9,2008 White Oaks Elementary District #3 - Rose Hall 7:00 - 9:00 PM School October 13, 2008 Convention Center District #6 - Beach 7:00 - 9:00 PM October 16, 2008 AssoCiation for Research & District #5 - Lynnhaven 7:00 - 9:00 PM Enlij1;htenment DiStriCt #6 - Beach October 20, 2008 Prmcess Anne High School District #4 Bayslde 7:00 - 9:00 PM District #5 - Lynnhaven October 23, 2008 Bayslde Recreation Center District #4 Bayslde 7:00 - 9:00 PM District #5 - Lynnhaven October 27, 2008 Cox High School District #5 - Lynnhaven 7:00 - 9:00 PM II I I I I. CITY MANAGER'S BRIEFINGS -Conference Room - 2:00 PM A. HOUSING AND NEIGHBORHOOD PRESERVATION Ron RIpley, ChaIrman, Planning CommissIOn Subcomm.1ttee Andrew Fnedman, DIrector, Housmg and NeIghborhood PreservatIOn B. FOSTER CARE UPDATE Robert Monn, Director, Human ServIces C. ELIZABETH RIVER WATERSHED RESTORATION and CONSERVATION ACTION PLAN Clay BernIck, Coordinator, Environment Management Center II. CITY COUNCIL LIAISON REPORTS III. COUNCIL COMMENTS IV REVIEW OF AGENDA I 1 I ,I V INFORMAL SESSION - Conference Room - 3:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION :1 I VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Mark Bailey Pastor, Carpenter's House MimstrIes C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F MINUTES 1 INFORMAL and FORMAL SESSIONS August 26, 2008 G. AGENDA FOR FORMAL SESSION " I i ,I .tsulu tinn CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virgtma Beach City Council convened mto CLOSED SESSION, pursuant to the affirmatIve vote recorded here and in accordance WIth the prOVISions of The Virgima Freedom of Informatlon Act; and, WHEREAS: SectIon 2.2-3712 of the Code ofVirgtma requires a certlficatlon by the govenung body that such Closed SeSSIOn was conducted in confonmty WIth Virgtma Law. NOW, THEREFORE, BE IT RESOLVED: That the Virgima Beach City Council hereby certIfies that, to the best of each member's knowledge, (a) only public busmess matters lawfully exempted from Open Meet10g reqwrements by Virgtma Law were discussed 10 Closed SeSSIon to which this certIfication resolutIon applies; and, (b) only such public bus10ess matters as were IdentIfied 10 the motlon convemng thIS Closed SeSSIon were heard, discussed or conSidered by Virguna Beach City Council. I I H. PUBLIC HEARING 1 IL GIARDINO RISTORANTE - Open Air Cafe I. CONSENT AGENDA II I Ad - UntItled Ad Publication: VirgInIan Pilot;Date: Aug 24, 2008;Section: B, ~it , ,,/ ' Public Notices., , PUBLIC NOTICE lEASE OF CITY PROPERTY The Virglllla Be<lch City Council will hold <l PUBLIC HEARING at 6:00 P.M. on September 2, 2008 In tile City Council Cllamber regarding two Ilroposed open "lIr cafe Fmnchlse Lease Agreements of City-o',uned property at 910 Atluntlc Avenue to Theme Restf:lur<lnts, Inc, tla II Giardino RIstomnte, The purpose of the Hearing '.viii be to obtain put1llc comment on the proposed le<lse of City property, Copies of the Franchise Lease Agreements me on file In the Cit)' Clerk's office, The City Council Chamber IS located on the second floor of the City Hall building (Building #1) ot 2401 Court/louse Drive, Virglfm Beach, VirgHllo 23456, Any questions concerning the above-referenced fmllchlses should be directed to Mike EDson, Virgll1la Beach Convention ,Ifld Visitor's Bureau, by calling (757) 385-6639, Ruth Hodges Fmser. MMC City Clerk Beacon Aug. 24 & 31. 2008 19184917 http://epilot.hamptonroads.com/ReposItory / getFiles.asp?Sty I, I I J ORDINANCES 1. Ordinances to AMEND the Code: a. ADD Section 21-222 to RE-ESTABLISH and AUTHORIZE the use of Red Light Photo- Monitoring Systems at traffic lights. b. Section 27-5 1 re BURGLAR ALARM PERMIT servIce charges for thud-party alarm companies to notIfy the Police 2. Ordinances re COMPENSATION: a. City Manager b. City Attorney c. City Clerk d. City Real Estate Assessor 3 Ordinance to GRANT two temporary franchises re an Open Air Cafe for Theme Restaurants, Inc. t/a II Giardino Restorante at 910 Atlantlc Avenue 4. Ordinance to DESIGNATE an area between Bonney Road and Interstate 264 as an Economic Redevelopment Area (EDIP) 5 Ordinance to AUTHORIZE a temporary encroachment 1Oto portIOns of the City's nght-of-way for RICHARD V and KRISTEN C. HAMPTON, to construct and ma1Ota1O a bulkhead, pIer and floating dock 10 Harbor Canal at 2336 Sp10dnft Road (DISTRICT 5 - L YNNHA VEN) 6. Ordinances to ACCEPT and APPROPRIATE: a. $15,000 GRANT from the Department of Homeland Security to the Fire Department re tactical rescue equipment b. $98,093 GRANT from the Virgima Department of Cnminal Justlce ServIces re establishment of a Crisis Intervention Team I I ~~B~ ,t;~~I"'.'.." ....~.c: <\;~, "a- ~" .. :t' (5 """""" ~'Z') ~(.l~ !~~ ~..,.\",;;;" "',j t.'\_'" ,.Ii] "1:t~"" ~ .~.J ~~ ~..r:.l"~~ ~.""~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the Motor Vehicle and Traffic Code by Adding Section 21-222 to Authonze the Use of Photo-Monitonng Systems to Enforce Traffic Light Signals MEETING DATE: September 2, 2008 . Background: The 2007 General Assembly re-established the authority for localities to use photo-monitonng systems to enforce traffic light signals. The City previously operated such a system, but discontinued its use when the General Assembly withdrew its authority In 2005. . Considerations: This ordinance authonzes the establishment of a photo- monitonng system to enforce traffic light signals pursuant to Code of Virginia S 15.2- 968. It establishes a monetary penalty of $50 for such Violations and provides Information regarding the procedures to contest a summons Issued for such a Violation. The City Manager will be authonzed to Implement the program within the following parameters: · The system may not be operated In more than one Intersection for every 10,000 residents at anyone time. · For each Identified vehicle, there must be at least one recorded Image before the vehicle illegally enters the Intersection, and one after it illegally enters the Intersection. · A summons for a Violation may be executed by mailing a copy to the owner, lessee, or renter of the vehicle. The mailing will Include, In addition to the summons, a notice of the summoned person's ability to rebut the presumption that he was the operator of the vehicle at the time of the alleged Violation through the filing of an affidavit. · Information collected by a photo-monitonng system must be limited exclUSively to Information that IS necessary for traffic light enforcement. A pnvate entity acting on behalf of the City may not obtain records regarding the registered owners of vehicles that fail to comply with traffic light signals. All photographs, microphotographs, electronrc Images, or other personal Information collected by the photo-monitonng system must be used exclUSively for enforCing traffic Violations and may not (i) be open to the public; (ii) be sold or used for sales, solicitation, or marketing purposes; (iii) be II I I ,I disclosed to any other entity except as may be necessary for the enforcement of a traffic light violation or to a vehicle owner or operator as part of a challenge to the violation; or (iv) be used In a court unless the proceeding relates to a traffic light violation or it IS requested upon a court order Information collected pertaining to a violation must be purged and not retained more than 60 days after the collection of the $50 penalty If the City does not execute a summons for a violation of thiS section within 10 bUSiness days, all Information collected pertaining to that suspected violation must be purged within two bUSiness days. The City must annually certify compliance with the state law authonzlng the program and make all records pertaining to such system available for Inspection and audit by the Commonwealth Transportation Commissioner or the Commissioner of the Department of Motor Vehicles. Any person who discloses personal Information obtained from thiS program In violation of state law IS subject to a civil penalty of $1,000. . The City will enter Into an agreement with a pnvate contractor to be compensated for proViding the photo-monitonng system or eqUipment, and all related support services, to Include consulting, operations and administration. However, only a City police officer may swear to or affirm the certificate reqUired as proof of a violation. The City may not base the contractor's compensation on the number of violations or monetary penalties Imposed. . When selecting potential Intersections for the photo-monitonng system, the City must consider factors such as (i) the aCCident rate for the Intersection; (ii) the rate of red light violations occurnng at the Intersection (number of violations per number of vehicles); (iii) the difficulty expenenced by law- enforcement officers In patrol cars or on foot In apprehending violators; and (iv) the ability of law-enforcement officers to apprehend violators safely within a reasonable distance from the violation. The City may consider the nsk to pedestnans as a factor The City must submit a list of proposed Intersections to the Virginia Department of Transportation for approval. . Before Implementation of photo-monitonng at an Intersection, the City will complete an englneenng safety analysIs that addresses signal timing and other location-specific safety features. The length of the yellow phase must be established based on the recommended methodology of the Institute of Transportation Engineers. All photo-monitonng systems must provide a minimum .5-second grace penod between the time the signal turns red and the time the first violation IS recorded. If recommended by the englneenng safety analysIs, the City will make reasonable location-specific safety Improvements, Including signs and pavement markings. . The City must evaluate the system on a monthly baSIS to ensure all cameras and traffic signals are functioning properly Evaluation results must be made available to the public. II I I I . The City must place conspIcuous signs within 500 feet of the Intersection approach at which a traffic light signal violation monitoring system IS used. · Prior to or cOincident with the Implementation or expansion of the photo- monitoring system program, a public awareness program must be conducted. . Public Information: Public Information will be handled through the normal Council agenda process. . Attachments: Ordinance Recommended Action: Adopt Police Departmen~ ,06~ Submitting Department/Agency: City Manage~ l I I I I II 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 AN ORDINANCE TO AMEND THE CITY TRAFFIC CODE BY ADDING SECTION 21- 222 TO AUTHORIZE THE USE OF RED LIGHT PHOTO-MONITORING SYSTEMS SECTION ADDED' 921-222 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. That Section 21-222 of the Code of the City of Virginia Beach, Virginia, IS hereby added and ordained to read as follows: Sec. 21-222 Traffic Sianal Enforcement Proaram (a) Establishment. There IS hereby established a traffic slanal enforcement proaram pursuant to and In accordance with Code of Viralnla ~ 15.2-968,1 The proaram shall Include the Installation and operation of traffic liaht slanal violation monitonna systems In a number UP to the maximum number permitted by state law No traffic liaht slanal violation monitonna system shall be operated for enforcement purposes at an Intersection until all prerequisites for such operation have been fulfilled. (b) Implementation. The City Manaaer shall (i) have the authority to Implement the prOVISions of this Section. (iD promulaate the rules and reaulations necessary to administer the traffic slanal enforcement proaram In compliance with all reqUirements of Code of Viralnla ~ 15.2-968.1 and this Section. and (Hi) be responsible for the compliance of all aspects of the traffic slanal enforcement proaram with applicable state law (c) Pnvate contractor The City may enter Into an aareement with a pnvate entity for the Installation and operation of traffic liaht slanal violation monitonna systems and related services as permitted by and subject to the restnctions Imposed by Code of VirQlnla & 15.2-968.1 (I). (d) Penalties. (1) For failure to comply with traffic liaht slQnal. The operator of a vehicle shall be liable for a monetary penalty of Fifty Dollars ($50.00) if such vehicle IS found. as eVidenced by Information obtained from a traffic liaht slQnal violation monitonnQ system. to have failed to comply with a traffic liaht slanal within the City Any person found liable under this ordinance may contest the summons as provided by Code of Viralnla & 15.2- 968.1 (2) For disclosure of personal Information. Any person who discloses personal Information collected by a traffic liaht slonal Violation monitonna system In Violation of the proVISions of Code of VirOlnla ~ 15.2-968.1 (H) shall be sublect to a Civil penalty of One Thousand Dollars ($1.000). II I I I 49 50 51 52 53 54 55 COMMENT This amendment authorizes the re-establishment of the City's photo-monitoring system program to enforce traffic light signals as provided in Code of Virginia Section 15.2-968.1, establishes a monetary penalty of $50 for such violations, and provides information regarding the procedures to contest a summons issued for such a violation. Adopted by the City Council of the City of Virginia Beach, Virginia, on this _ day of , 2008. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY ~~ CA 10409 R-4 August19,2008 II I ~l-l~"';\ ":F.~-::' ...{~~ 'fl ~.. "" ,\, ~v. . " .l>~ (' ."!,"",,,. .:t (\.....~. iff l.~;;.~~~\tj ~...~~.y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the City Code by Adding Section 27-5.1 Pertaining to Burglar Alarm Permits MEETING DATE: September 2, 2008 . Background: On May 13, 2008, City Council approved an ordinance allowing the City to Impose a service charge when police respond to the same location for multiple false alarm calls from third-party alarm compames. ThiS fee IS the first step In an attempt to reduce the police responses to false alarms. The second step In the program IS to require persons who rely on a third-party alarm company that notify the Police Department In the event of an alarm activation to obtain a permit from the City . Considerations: Requlnng persons who rely on such a service from third-party alarm compames to obtain a permit from the City will provide the Police Department with the Information necessary to manage and reduce the number of false alarms responded to each year . Public Information: City Council was bnefed on thiS program on July 8, 2008. Public Information will be provided through the normal City Council agenda process. . Recommendations: Adopt Ordinance. . Attachments: Ordinance. Recommended Action: Approval Submitting Department/Agency: Police Department~ City Manage~ IL '0t3M 1 1 1 ,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 ADD CITY CODE SECTION 27-5.1 PERTAINING TO BURGLAR ALARM PERMITS SECTION ADDED' 927-5.1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. That Section 27-5.1 of the Code of the City of Virginia Beach, Virginia. IS hereby added and ordained to read as follows: Sec. 27-5.1. Permits reauired for alarm systems usina third-party alarm companies to notify police. lID Permit required: No person shall use an alarm system that relies on a thlrd- party alarm company to notify the Police Department In the event the alarm IS activated without first obtalnlno a permit to operate such a system from the Police Department. A ten-dollar ($10.00) fee shall be charoed for such a permit. fQl Application: The permit application shall be submitted by the alarm user on a form obtained from the Police Department. For the purpose of thiS section. the "alarm user" IS any person who IS In phYSical possession of any premises where an Installed alarm system IS monitored bY a third-party alarm company 19 Transfer of premises possession: Alarm permits are not transferable. Alarm permits Issued by the Police Department shall eXPire when the alarm user. as Identified on the alarm permit application. vacates possession of said premises. Any person In possession of said premises after the eXPiration of the alarm permit shall be required to obtain a new alarm permit. @ Reportino updated Information: Whenever any Information provided to the Police Department on the alarm permit application chanoes. the alarm user shall provide the updated Information to the Police Department within 30 days. ~ Multiple alarm systems or users: In the event an alarm user has one or more alarm systems protectino two or more separate structures that have either different addresses or tenants. a separate permit shall be required for each structure and/or tenant. ill Notice: 1 All third-party alarm companies that notify the Police Department In the event of an alarm activation on behalf of clients/subscribers located In the City. shall provide notice of the reqUirements of thiS section to all such clients/subscribers located In the City I I I I ,I 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 2. After police provide a response to a third-party alarm company's call for service to a location where a person or persons In possession of such property has not obtained the required alarm permit. the Police Department will prOVide no further responses requested by a third-party alarm company's call for service until the required permit IS obtained. f9l Effective Dates: 1 The prOVISions of subsections (a) throuQh (e) shall take effect Immediately 2. The prOVISion of subsection (f) shall take effect on January 1. 2009 COMMENT: This ordinance will require persons who rely on third-party alarm companies that notify the Police Department in the event of an alarm activation to obtain a permit from the City. Adopted by the City Council of the City of Virginia Beach, Virginia, on this _ day of , 2008. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY ~ - - CA10441 R-3 August 19, 2008 ,I 1 , ~~..& rG.~~;~t: fro~i~.""~".'... -.(t; oJ \~ 'l~) lCt " "t't.) ~':i'!'!""'" ;~} ,-\\".': . Ii" "~::-~....(/:t .~..;~~..r '" \.. CITY OF VIRGINIA BEACH AGENDA ITEM ~ ITEMS: ORDINANCES PERTAINING TO THE COMPENSATION OF THE CITY MANAGER, CITY ATTORNEY, CITY CLERK, AND CITY REAL ESTATE ASSESSOR MEETING DATE: September 2, 2008 . Background: City Charter 9 3.05 provides that City Council shall determine the compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor, all of whom are directly appointed by City Council. . Considerations: In accordance with the budget adopted by City Council on May 13, 2008, City employees other than sworn positions In public safety departments received a 2.5% general Increase on July 1, 2008. City employees In sworn positions In public safety departments received a 1 % general Increase (unlike other employees, sworn positions In public safety departments received an enhanced 1.85% retirement multiplier). The Department of Management Services has calculated the average Increase for all City employees to be 2.24%. Accordingly, the attached ordinances provide that the City Manager, City Attorney, City Clerk and City Real Estate Assessor will receive a 2.24% Increase In their compensation. Appointees who received car allowances and/or contributions to their deferred compensation accounts will receive the same allowances and contributions as they did dunng the pnor fiscal year Pursuant to the terms of the City Manager's contract, the City also will continue to pay up to $2,684 annually on his behalf In premiums for long term care Insurance. Finally, because City Council established the compensation of the City Auditor In late April of thiS year, no changes are being made to his compensation at thiS time. . Public Information: Public Information will be provided through the normal Council agenda process. . Attachments: Four ordinances I I I ,I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AN ORDINANCE PERTAINING TO THE COMPENSATION OF THE CITY MANAGER WHEREAS, City Council has evaluated the performance of the City Manager; and WHEREAS, based upon this evaluation, City Council has determined that an Increase In the City Manager's compensation would be appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. 1 That effective July 1, 2008, the salary of the City Manager IS hereby Increased by 2.24% to $219,715.07 2. That the City's contribution to the City Manager's deferred compensation plan shall remain at $20,500 annually 3. annually That the car allowance of the City Manager shall remain at $12,000 4 That the City shall continue to pay up to $2,684 annually on behalf of the City Manager In premiums for long term care Insurance. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2008. APPROVED AS TO LEGAL SUFFICIENCY ;e~~ City Attorney's Office CA10818 August 27,2008 R-3 II I I I II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 AN ORDINANCE PERTAINING TO THE COMPENSATION OF THE CITY ATTORNEY WHEREAS, City Council has evaluated the performance of the City Attorney; and WHEREAS, based upon thiS evaluation, City Council has determined that an Increase In the City Attorney's compensation would be appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. 1 That effective July 1, 2008, the salary of the City Attorney IS hereby Increased by 2.24% to $208,151.23. 2. That the City's contribution to the City Attorney's deferred compensation plan shall remain at $20,500 annually 3. That the car allowance of the City Attorney shall remain at $10,000 annually Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2008. APPROVED AS TO LEGAL SUFFICIENCY ~~ City Attorney's ~ CA10816 August 27,2008 R-4 I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 AN ORDINANCE PERTAINING TO THE COMPENSATION OF THE CITY CLERK WHEREAS, City Council has evaluated the performance of the City Clerk; and WHEREAS, based upon thIs evaluation, City Council has determined that an Increase In the City Clerk's compensation would be approprrate. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. 1 That effective July 1,2008, the salary of the City Clerk IS hereby Increased by 2.24 % to $104,075.74 2. That the car allowance of the City Clerk shall remain at $10,000 annually Adopted by the Council of the City of Virginia Beach, Virglnra, on the day of , 2008. APPROVED AS TO LEGAL SUFFICIENCY R~ City Attorney's OffiC~ CA10817 August 27,2008 R-3 I I I 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY REAL 3 ESTATE ASSESSOR 4 5 WHEREAS, City Council has evaluated the performance of the City Real Estate 6 Assessor; and 7 8 WHEREAS, based upon this evaluation, City Council has determined that an 9 Increase In the City Real Estate Assessor's compensation would be appropriate. 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA. 13 14 1 That effective July 1, 2008, the salary of the City Real Estate Assessor IS 15 hereby Increased by 2.24% to $120,683.77 16 17 Adopted by the Council of the City of Virginia Beach, Virginia, on the 18 day of ,2008. APPROVED AS TO LEGAL SUFFICIENCY ~=ffi~ CA10819 August 27,2008 R-3 I I , ,t;P;t~. "." lA. ~~, rl(' -,~ ~iJ rS:' (~.. "< .~iJ '",1.- ..... 4>""~4.. ;r.;....~ ~..'OI.lI..."O...~ ~~~ "' "'- CITY OF VIRGINIA BEACH AGENDA ITEM ~ ITEM: An Ordinance Granting Theme Restaurants, Inc., t/a II Giardino Ristorante Two Temporary Franchise Agreements for an Open Air Cafe In the Resort Area MEETING DATE: September 2,2008 . Background: By resolution adopted November 15, 1985, City Council authonzed the City Manager to promulgate Open Air Cafe Regulations, which have been amended from time to time, for the operation of open air cafes on public property ("Regulations"). The City has developed a franchise agreement for the regulation of open air cafes, which the grantees are required to execute as a condition of the grant. The City Council has traditionally granted Initial franchises for one-year terms. If an open air cafe IS successfully operated dunng the Initial one-year term, the franchisee may return to Council upon the expiration of the one-year term and request a five-year franchise agreement. On April 30, 2004, Theme Restaurants, Inc., t/a II Giardino Ristorante ("II Giardino"), was granted two franchise agreements for (1) an Atlantic Avenue side walk open air cafe and (2) an Atlantic Avenue side street open air cafe, located at 910 Atlantic Avenue (collectively, "franchise agreements"). The franchise agreements expired In 2005 and were not renewed by the City because the cafe did not comply with the Regulations. The cafe was constructed as a permanent structure with a solid roof, side walls, floonng, and heating and air conditioning. The Regulations require that open air cafes be constructed with canvas roofs, removable side walls, and non-permanent floonng. Although II Giardino does not have current franchise agreements, II Giardino has continued to operate its open air cafe In the City nght-of-way from 2005 through the present. II Giardino has, however, paid to the City the required franchise fees for the penod dunng which it has operated without franchise agreements. . Considerations: In an effort to bnng II Giardino Into compliance with the Regulations while keeping the cafe open to customers, this ordinance proposes to grant II Giardino two short-term franchise agreements until December 31, 2008. The franchise agreements provide that by December 31, 2008, II Giardino will remove its eXisting cafe structure and that any new structure constructed by II Giardino will fully comply with the Regulations. If the cafe IS not In compliance with the Regulations by December 31, 2008, the City will (1) remove the nonconforming structure and have the nght to obtain reimbursement for the costs associated with such removal from II Giardino; (2) retain all compliance and enforcement nghts set forth In the franchise agreements; and (3) refuse to award II Giardino any franchise agreements In the future until the cafe structure complies with the Regulations. Like all bUSinesses that are granted cafe franchises, II Giardino will be required to execute a bond or letter of credit In favor of the City In the amount of ten thousand dollars ($10,000). I I . Attachments: Ordinance Recommended Action: Adopt Ordinance Submitting Department/Agency: Convention and Visitors Bureau City Manager: ~ k.. . ~ b<>1.. I I il 1 AN ORDINANCE GRANTING THEME 2 RESTAURANTS, INC., T/A IL GIARDINO 3 RISTORANTE TWO TEMPORARY 4 FRANCHISE AGREEMENTS FOR AN OPEN 5 AIR CAFE IN THE RESORT AREA 6 7 WHEREAS, by resolution adopted November 15, 1985, City Council authorized 8 the City Manager to promulgate Open Air Cafe Regulations, which have been amended 9 from time to time ("Regulations"), for the operation of open air cafes on public property; 10 and 11 12 WHEREAS, on April 30, 2004, Theme Restaurants, Inc., t1a II Giardino 13 Ristorante ("II Giardino"), was granted two franchise agreements for (1) an Atlantic 14 Avenue side walk open air cafe; and (2) an Atlantic Avenue side street open air cafe, 15 located at 910 Atlantic Avenue (collectively, "franchise agreements"); and 16 17 WHEREAS, the franchise agreements expired In 2005 and were not renewed by 18 the City because the cafe did not comply with the Regulations; and 19 20 WHEREAS, II Giardino does not have current franchise agreements, but has 21 continued to operate its open air cafe In the City nght-of-way from 2005 through the 22 present; and 23 24 WHEREAS, II Giardino has, however, paid to the City the required franchise fees 25 for the penod dunng which it has operated without franchise agreements; and 26 27 WHEREAS, In an effort to bnng II Giardino Into compliance with the Regulations 28 while keeping the cafe open to customers, the Convention and Visitors Bureau has 29 proposed to grant II Giardino two short-term franchise agreements until December 31, 30 2008; and 31 32 WHEREAS, the franchise agreements provide that by December 31, 2008, II 33 Giardino will remove its eXisting cafe structure and that any new structure constructed 34 by II Giardino will fully comply with the Regulations; and 35 36 WHEREAS, the franchise agreements further prOVide that if the cafe IS not In 37 compliance with the Regulations by December 31, 2008, the City will (1) remove the 38 nonconforming structure and have the nght to obtain reimbursement for the costs 39 associated with such removal from II Giardino; (2) retain all compliance and 40 enforcement nghts set forth In the franchise agreements; and (3) refuse to award II 41 Giardino any new franchise agreements In the future until the cafe structure complies 42 with the Regulations; and 43 44 WHEREAS, the Convention and Visitors Bureau recommends that the above- 45 named entity be granted two temporary open air cafe franchise agreements. 46 47 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 48 VIRGINIA BEACH: 49 I I I ,I 50 51 52 53 54 55 56 That the City Council hereby grants two temporary franchise agreements to Theme Restaurants, Inc., tla II Giardino Ristorante, subject to the terms and conditions of the franchise agreements and all ordinances, resolutions, and regulations applicable to open air cafes. Adopted by the City Council of Virginia Beach, Virginia on this September, 2008. day of Approved as to Legal Sufficiency' ~=~ vention and Visitors Bureau CA10734 R-4 August 20, 2008 !I I .{~~9.,~ ..\l' 1-.\l>, 1& il~ ~'. - f.) ,. . .a,/,;,; ~ ~~If ~~.:Y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO DESIGNATE AN AREA BETWEEN BONNEY ROAD AND INTERSTATE 264 AS AN ECONOMIC REDEVELOPMENT AREA MEETING DATE: September 2, 2008 . Background: The developer of Convergence Center, Olympia Development Corporation ("Developer"), IS planning a fourth phase of development and has applied for a grant under the Economic Development Investment Program ("EDIP"). On August 19, 2008, the City of Virgmla Beach Development Authority (the "Authority") approved an award under Part B of the EDIP to the Developer conditioned on Council's deSignation of area In which the Convergence center IS located as an Economic Redevelopment Area. The area IS a former greyfield site formerly used as a trash transfer station and animal control storage yard. To date, redevelopment of the site has occurred with the construction of three Class "A" office buildings. . Considerations: DeSignation of an area between Bonney Road and Interstate 264, compnslng the Convergence Center Office Park, as an Economic Redevelopment Area would allow the Authority to grant the Developer's application for EDIP funds under Part B of the EDIP The Developer IS planning an 89,000 square foot Class "A" five-story office building with structured parking. The pnvate mvestment for this expansion IS estimated at $22,300,000. The EDIP award would allow greater Infrastructure and parkmg Improvements than would otherwise be constructed. . Public Information: All public Information will be handled through the normal agenda process. . Attachments: Ordinance, Location Map. Recommended Action: Adoption Submitting Department/Agency: Economic DevelopmenVl/!.1J:t.,- CityManag~ k. ~~ II I 1 AN ORDINANCE TO DESIGNATE AN AREA 2 BETWEEN BONNEY ROAD AND INTERSTATE 264 3 AS AN ECONOMIC REDEVELOPMENT AREA 4 5 WHEREAS, under the City's Economic Development Investment Program (the 6 "EDIP"), the City of Virginia Beach Development Authority (the "Authority") may 7 authonze EDIP grants for projects In Economic Redevelopment Areas as defined In the 8 EDIP Policy 9 10 WHEREAS, under the provIsions of the EDIP policy, the Directors of Economic 11 Development and Planning have reViewed area between Bonney Road and Interstate 12 264 In the Lynnhaven Dlstnct, as depicted on the attached map as "Proposed Economic 13 Redevelopment Area" and find that it IS a former greyfield site preViously used as a 14 trash transfer station and animal control storage yard and meets the critena and 15 recommends the area be designated an Economic Redevelopment Area. 16 17 WHEREAS, the Authority desires to award EDIP funds to a project within the 18 Convergence Center Office Park, which IS located within the proposed Economic 19 Redevelopment Area; however, designation of the area as an Economic 20 Redevelopment Area IS necessary to complete the award. 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA. 24 25 The area between Bonney Road and Interstate 264 In the Lynnhaven Distnct, 26 Identified as "Proposed Economic Redevelopment Area" on Exhibit A, attached hereto 27 and Incorporated herein, IS hereby designated as an Economic Redevelopment Area. 28 29 Adopted by the Council of the City of Virginia Beach, Virginia, on the 30 day of , 2008. 31 32 33 1 I I APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY /~./ /1 /'1 ~ ." . .....---?.4 / /.' q{'{'(j/'- ... """""'-k. jA);- ~ , ........... "L-,../ /;,1 I v~ '-v ~ Department of Economic Developnaent ~< ./~-) </ ,/;--- ./ /' ...//. City Attorney's Office APPROVED AS TO CONTENT CA-10753 V.\applicatlonslcltylawprodlcycom321 Wpdocs\D020IP004100065173.DOC 9/2/08 2 I I i ,I '^ ~I ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments Into a portion of City property known as Harbor Canal, located at the rear of 2336 Spindrift Road by Richard V Hampton and Kristen C Hampton, Trustees MEETING DATE: September 2, 2008 . Background: Richard V Hampton and Kristen C Hampton, Trustees, have requested permisSion to construct and maintain a bulkhead, an 8' X 8' timber pier, and an 8' X 40' floating dock In a portion of the City's property known as Harbor Canal, located at the rear of 2336 Spindrift Road, Virginia Beach, Virginia. The 15' riparian buffer to help address water quality protection In conjunction with Temporary Encroachments has not been Incorporated In thiS Encroachment Agreement. On October 20, 2007, Mr and Mrs. Hampton's home was totaled In a fire and the rebuild of the residence will go before the CBPA Board for approval. At that time, per the Department of Planning / Environmental Management Center, the reqUired riparian buffer will be Incorporated Into the new Site Plan for the reSidence. . Considerations: City Staff has reViewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined In the Agreement. There are Similar encroachments In Harbor Canal, which IS where the Hampton's have requested to encroach. . Public Information: Advertisement of City Council Agenda . Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. . Recommendations: Approve the request subject to the terms and conditions of the Agreement. . Attachments: Ordinance, Agreement, Plat, Pictures and Location Map I I Agenda Item - Richard V and Knsten Hampton Meeting Date: August 26, 2008 Page 2 . Attachments: Ordinance, Agreement, Plat, Pictures and Location Map , I I Recommended Action: Approval of the ordinance. ~ Submltllng DeparlmenUAgency: Public WOI1<s/Real Es_ {b /-.., City Manage~ t. ~bO\. "i\G'=. ~ ~, At': I I 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS HARBOR 7 CANAL, LOCATED AT THE REAR OF 8 2336 SPINDRIFT ROAD BY RICHARD 9 V. HAMPTON AND KRISTEN C. 10 HAMPTON,TRUSTEES 11 12 WHEREAS, Richard V. Hampton and Kristen C. Hampton, Trustees, desire to 13 construct and maintain a bulkhead, an 8' X 8' timber pier, and an 8' X 40' floating dock 14 upon a portion of City property know as Harbor Canal, located at the rear of 2236 15 Spindrift Road, in the City of Virginia Beach, Virginia (the "Property"). 16 17 WHEREAS, the Property is owned by Richard V Hampton, Trustee, under The 18 Richard V Hampton Revocable Living Trust, dated December 21, 2006, unrecorded, 19 one-half Interest, and by Kristen C. Hampton, Trustee, under the Kristen C. Hampton 20 Revocable liVing Trust, dated December 21, 2006, unrecorded, one-half interest. 21 22 WHEREAS, City Council is authorized pursuant to ~~ 15.2-2009 and 15.2-2107, 23 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 24 City's property subject to such terms and conditions as Council may prescribe. 25 26 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA. 28 That pursuant to the authority and to the extent thereof contained In ~~ 15.2- 29 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Richard V. Hampton and 30 Kristen C. Hampton, Trustees, their heirs, assigns and successors in title are authorized 31 to construct and maintain temporary encroachments for a bulkhead, an 8' X 8' timber 32 pier, and an 8' X 40' floating dock upon a portion of City property as shown on the map 33 marked Exhibit "A" and entitled: "ENCROACHMENT OF LOT 229 SUBDIVISION OF 34 BAY ISLAND LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA FOR RICHARD 35 V. HAMPTON," a copy of which IS on file in the Department of Public Works and to 36 which reference is made for a more particular description; and 37 38 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 39 subject to those terms, conditions and criteria contained in the Agreement between the 40 City of Virgima Beach and Richard V. Hampton and Kristen C. Hampton, Trustees (the 41 "Agreement"), which is attached hereto and incorporated by reference; and 42 43 BE IT FURTHER ORDAINED, that the City Manager or his authOrized deSignee 44 IS hereby authOrized to execute the Agreement; and 45 I I BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Richard V. Hampton and Kristen C. Hampton, Trustees, and the City Manager or his authonzed designee execute the Agreement. 46 47 48 49 50 51 of Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2008. day CA-10584 X:\OIDIREAL ESTATE\Encroechmen\8\PW Ordlnanc:ea\CA10584 Hampton On:liance.doc V:\appliCBIi0n8\citylawprod\cyt:032\WpdocsIDOO6lPOO3IOl1059058.DOC. R-1 PREPARED: 8/6/08 APPROVED AS TO CONTENTS ~ C. CWs"- ~ . L1C WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM /fullj,w ~r)..J COJ. i'I:& CITY ATTORNEY I I I , I, PREPARED BY VIRGINIA BEACH CITY ATIORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) r J .p... ,.-:-0 THIS AGREEMENT, made this It day of ~# . 2008, by and between the CITY OF VIRGINIA BEACH; VI RGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and RICHARD V. HAMPTON, Trustee, under The Richard V. Hampton Revocable Livi ng Trust, dated December 21, 2006, unrecorded, (1/2 INTEREST), and KRISTEN C. HAMPTON, Trustee, under The Kristen C. Hampton Revocable Living Trust, dated December 21, 2006, unrecorded, (1/2 INTEREST), THEIR 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 Site Number "229" as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION TWO PRINCESS ANNE CO. VA. L YNNHAVEN MAGISTERIAL DISTRICT", and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 48, at page 15, and being further designated, known, and described as 2336 Spindrift Road, Virginia Beach, Virginia 23451; GPIN: (CITY Property - NO GPIN REQUIRED OR ASSIGNED) 1499-99-8723-0000 I I I ,I WHEREAS, it is proposed by the Grantee to construct and maintain a bulkhead, an 8' X 8' timber pier, and an 8' X 40' floating dock, 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 Harbor Canal, located at the rear of 2336 Spindrift Road, Virginia Beach, Virginia, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in co nsideration 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 agreed 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 OF LOT 229 SUBDIVISION OF BAY ISLAND L YNNHA VEN BOROUGH - VIRGINIA BEACH, VIRGINIA FOR RICHARD V. HAMPTON," 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 ordenng the Grantee to remove, all or any part of the Temporary 2 II I II 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 authonzed terrmnates 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. It is further expressly understood and agreed that 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 arrslng 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 Department of Planmng prror to commencing any construction with the Encroachment Area (the "Permit"). It IS further expressly understood and agreed that the Grantee must obtain and keep In force ail-risk property Insurance and general liability or such Insurance as IS 3 II I , I ,I 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 matenal 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 setbacks 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 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. 4 I I I ,I IN WITNESS WHEREOF, Richard V Hampton, Trustee, under The Richard V Hampton Revocable living Trust, dated December 21, 2006, unrecorded, and Knsten C. Hampton, Trustee, under The Kristen C. Hampton Revocable Living Trust, dated December 21, 2006, unrecorded~ the said Grantee, have caused this Agreement to be executed by their sIgnatures 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 Clerk. (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/Authonzed 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. (SEAL) Notary Public Notary Registration Number' My CommISSion ExpIres: 6 I I I I ichard V. Hampton, Tr tee, under The Richard V. Hampton Revocable LIving Trust, dated December 21, 2006, unrecorded ~~-/go isten C. Hamp n, Trustee, under The Kristen C. Hampton Revocable LIving Trust, dated December 21, 2006, unrecorded STATE OF 11.._ . I CITY/COUNTY OF JiLg'(}IC( l](J(.U1 ,to-wit: The fore.golng Instrument was acknowledged before me this II-#.. day of July , 2008, by Richard V. Hampton, Trustee, under The Richard V. Hampton Revocable liVing Trust, dated December 21, 2006, unrecorded, and Kristen C. Hampton, Trustee, under The Kristen C. Hampton Revocable LIVIng Trust, dated December 21,2006, unrecorded. 'L ~ ~(SEAL) Notary Public Notary Registration Number: :3 2 ~ 097 My Commission Expires: fch. l&" I 20 1/ ---------- ---- PATRICIA L. HEYL Notary Public Commonwealth of Virginia 326097 ~ My Commlulon Expires Feb 28. 2011 . ~ 7 I I i I ,I APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~/Trfk C. ~\ 5 NA lURE p/J) / KtAI EslGh. DEP'ARTMENT 0> {~RJ)A! ~rt,q C(~\~ G:\USERS\SHARED\WP80\RE\Real Estate Forms\WORD DOCS\ENCROACHMENTS\ENCROACHMENT.AGREEMENT.doc 8 W~~f iN A..,.e ~ -- ~Zj1 ~ 2%.0' ~~ .. ~~..~ ~;.:ii;irP .......1.\1'- / .~ ~'-~ 38.7 OiIIINW I-STY SHICK OWFUlNG #2J36 61.7' 155.00' S 86"#'17- W SPINDRIFT ROAD (50' R/1Y) Adjacent property Owners: 1. Brian Murray 2369 Spindrift Road 2. D. Vartabedian 2332 Spindrift Road \ ~ '. \ ';tr~., N 81.30'00. ~-- \ ........ --- \ ----- 71.00' I I I IKlOD ~ I . BlIl.KHEAD ilEACWAI.( U'ON 1 I : , I , , '.. i I I .....1. I '...1. I I , -"f : , ,......-... , , I , l~, I ,;;00., , 2281~lgl r.,,' .1 '.-'-, 01s'~1 ~lz" I, , i I , J<' I ; : I , I i 1 , , , , : , I '1 ! -is', S't- I I I I lP~1 "S'1D ,__ ./flIfAIM U ~urJ. IS ~~'"&- ffi 0' 10' ~ 25' ENCROACHMENT OF LOT229 " SU1lD.MsIOti Ot . .BA Y ISLAND L YNNHAVEN BORQUuH - VIRGINIA BEACH, VIRGINIA fOR RICHARD V, HAMPTON -r ~3 75' lOa' ~= 50' - .,..'" . .un:Al ~c l&J ~ . ~~ _ II) ~,~ 230 ~. ,- , , 17.4', , I I , ; t , I , I I!'IJ(1] @ l;. ~ -z. ..0 '5~ u..~O ~:r.c(~ uJ,%O..... Q..:;)U1ct.~ ~~~~~ %'''''''i::t"",,(7) g~~~! ~~~~~ O:r.c( Q.. <30>~O c(O~ ~et. 01 '%uJ 0 <<. E ~ <lC :0 c '0- f/) ~ s; -0 0:: ;t;:: 'C ~ '0. ~ i ~ ll) -0 C ~ % ~ u: (.) ~ ~ ~ '0 ~ j( .+00 ~ ~#' ~l *.} ~i "o'if/ _#.. / r:T./ .r'" \ -_/ -\~~..... \ ~ ,/~ % :'W}', " ~; Ulltl I I I I ~'~~ ,{"'~"'~'''' ....~...t~ ~,f ~ - "1,' 0:""'" ".:;,' (5{ '. t \>t ~'. t'!J'!""'" !.) i\..- iP ~~l:l t~~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept Funding from the Department of Homeland Security to the Fire Department for Tactical Rescue Equipment for the Tidewater Regional Technical Rescue Team MEETING DATE: September 2, 2008 . Background: The City was notified that the Virginia Department of Emergency Management would be providing pass through funding for localities for Heavy and Tactical Rescue equipment, practical exercises and training. The Virginia Beach Fire Department IS the lead agency for the Tidewater Regional Technical Rescue Team. The Fire Department has Identified equipment that will enhance the Technical Rescue Team's logistical needs and Improve the team's ability to deliver and function In a vanety of technical rescue environments. The funds will be used to purchase equipment designed for high anglelvertical rescue, heavy lifting and moving, confined space operations, patient packaging, and vehicle extncation. . Considerations: This grant IS awarded by the Virginia Department of Emergency Management through funding onglnating from the Department of Homeland Security's National Preparedness Directorate, FY 2007 State Homeland Security Grant. The funds will be apportioned to the Fire Department's operating budget. No local match IS reqUired. . Public Information: Public Information will be handled through the normal Council agenda process. . Attachments: Ordinance Recommended Action: Approval Submitting DepartmenUAgency: Fire Department ~ City Manager: k '6&l#t I I i ,I 1 AN ORDINANCE TO ACCEPT FUNDING FROM THE 2 DEPARTMENT OF HOMELAND SECURITY TO THE 3 FIRE DEPARTMENT FOR TACTICAL RESCUE 4 EQUIPMENT FOR THE TIDEWATER REGIONAL 5 TECHNICAL RESCUE TEAM 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA. 9 10 1) Estimated federal revenues for tactical rescue equipment costs for the 11 Tidewater Regional Technical Rescue Team from the US. Department of 12 Homeland Security via the Virginia Department of Emergency Management 13 are hereby Increased by $15,000. 14 15 2) Appropriations to the FY 2008-09 Operating Budget of the Fire Department 16 for tactical rescue eqUipment costs associated with the Tidewater Regional 17 Technical Rescue Team are Increased by $15,000. of Adopted by the Council of the City of Virginia Beach, Virginia on the ,2008. day Adoption reqUires an affirmative vote by a majority of all members of the City Council. Approved as to Content: ~~E~;e~- Approved as to Legal SuffiCiency' R~~ City Attorney's Office J$.... CA 10846 R-1 August 18, 2008 II I I ,I , .........." ~\\l~t!:.i~~ r!>:s:~"'''''je,., ftl?$' ".' .. ,\~ 'vi . h:~ <.i--- . . (o;.f#~~";'.. Ifl \,.~.. ;.."~J'j ~~~~y "'" \. CITY OF VIRGINIA BEACH AGENDA ITEM ~ ITEM: An Ordinance to Accept Grant Funding from the Virginia Department of Criminal Justice Services to Establish a CriSIS Intervention Team MEETING DATE: September 2,2008 . Background: The Virginia Department of Criminal Justice Services has awarded the City of Virginia Beach federal pass-through funding from the Byrne Memorial Justice Grant Program. ThiS grant will be active through June 30, 2009 The grant provides $98,093 of federal funding and requires a local cash match of $32,697 These funds will be used to Implement a CriSIS Intervention Team (CIT) In the City of Virginia Beach. The CIT will train first responders to effectively deal with situations involVing people experiencing a mental health CriSIS, and will link offenders with appropriate treatment and resources In the community ThiS program will proVide community support, Infrastructure, and training to deal with psychiatriC diagnOSIs, SUICide Intervention, substance abuse Issues, de-escalation techniques, the role of the family In the care of a person with mental illness, legal training In mental health and substance abuse Issues, and local resources for those In a mental health CriSIS. ThiS funding will be used to purchase a notebook computer, an LCD projector, training manuals, conduct training, contractual labor to assist with project coordination, and a consultant to work with the committee. . Considerations: The Police Department, the Department of Human Services, and the Sheriff's Department will share the reqUired match equally The Police match of $10,899 will come from the DEA Seized Property Special Revenue Fund, the Department of Human Services will proVide $10,889 from their operating budget, and the Sheriff's Department will take the $10,889 match from the Inmate Services Fund. . Public Information: Public Information will be prOVided through the normal Council agenda process. . Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department {J!.- City Manager:~ t .Cs6~ I I , I ,I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 AN ORDINANCE TO ACCEPT GRANT FUNDING FROM THE VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES TO ESTABLISH A CRISIS INTERVENTION TEAM BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. 1 That $98,093 In federal pass-through funding from the Virginia Department of Cnmlnal Justice Services IS hereby accepted and appropnated to the Police Department's FY 2008-09 Operating Budget, with revenue from the federal government Increased accordingly 2. That the reqUired match IS hereby transferred to the Police Department's FY 2008-09 Operating Budget as follows: a. $10,889 within the Police Department; b. $10,889 from the Department of Human Services; c. $10,889 from the Sheriffs Department. of Adopted by the Council of the City of Virginia Beach, Virginia on the ,2008. day ReqUIres an affirmative vote by a majority of the members of City Council. Approved as to Content: Approved as to Legal SuffiCiency' B~(l, ~~ City Attorney's Office ~ CA 10850 R-2 August 22,2008 I I K. APPOINTMENTS HISTORIC SITES ORGANIZING COMMITTEE HUMAN RIGHTS COMMISSION PARKS AND RECREA nON COMMISSION REVIEW AND ALLOCATION COMMITTEE WETLAND'S BOARD WORKFORCE HOUSING ADVISORY COMMITTEE I I I i II L. UNFINISHED BUSINESS I I M. N. Agenda 912/08/st www.vbgov.com , II NEW BUSINESS ADJOURNMENT ********************************** PUBLIC COMMENTS Non-Agenda Items ********************************** Comprehensive Plan Open Houses September 15,2008 Tallwood ElemeItary School DIstnct # 1 - Centerville 7:00 - 9:00 PM September 18, 2008 FaIrfield Elementary School DIstnct #2 - Kempsville 7:00 - 9:00 PM September 22, 2008 Red Mill Elementary School DIstnct #7 - Pnncess Anne 7:00 - 9:00 PM September 29,2008 Creeds Elementary DIstnct #7 - Prmcess Anne 7:00 - 9:00 PM October 2, 2008 Landstown High School DIstnct #7 - Prmcess Anne 7:00 - 9:00 PM October 6, 2008 Bow Creek RecreatIon Center DIstnct #3 - Rose Hall 7:00 - 9:00 PM DIstnct #6 - Beach October 9, 2008 WhIte Oaks Elementary DIstrIct #3 - Rose Hall 7:00 - 9:00 PM School October 13,2008 ConventIon Center DIstrIct #6 - Beach 7:00 - 9:00 PM October 16, 2008 AssocIatIOn for Research & DIStrICt #5 - Lynnhaven 7:00 - 9:00 PM Enlightenment DIStrICt #6 - Beach October 20, 2008 Pnncess Anne High School DIStrICt #4 BaysIde 7:00 - 9:00 PM DIStrICt #5 - Lvnnhaven October 23, 2008 BaysIde RecreatIOn Center DIStrIct #4 Bayslde 7:00 - 9:00 PM DIStrIct #5 - Lvnnhaven October 27, 2008 Cox High School DIStrIct #5 - Lynnhaven 7:00 - 9:00 PM I I II CITY OF VIRGINIA BEACH SUMMARY OFCOUNCU ACnONS V 0 I DATE: 8/26/08 M B L D C E L E D H C R A W PAGE: I S I E J L N U N I T E D N 0 A D H U L W AGENDA E Z Y L N N 0 R E S 0 ITEM # SUBJECT MOTION VorE P E E E E A R I V 0 0 H L R Y S N F N A N D : I CITY COUNCIL'S BRIEFING: COMMUNITY LEGISLATIVE Robert Matthias, AsSistant to the City AGENDA Draft Manager II CITY MANAGER'S BRIEFING: Clay Bernick, VML "GO GREEN" CHALLENGE Coordinator, EnVironmental Management Center - Plannmg Ill/IV N NIF MINUTES InformallFormal Sessions 8/12108 APPROVED 10-0 A Y Y Y Y Y Y Y Y Y Y Gn MAYOR'S PRESENT A nONS Craig Hartley, 911 REACCREDITATION Deputy Executive Director Commission on Accreditation for Law Enforcement AgenCies Hilll ARP @ 3380 Indian Creek Road No Speakers J/K/I Ordinance to REDUCE Operating Budgets DEFERRED TO 10-0 A Y Y Y Y Y Y Y Y Y Y by 1.25%/EST ABLISH a Reserve re 9/23/08 BY fuel/energy/tax relieffor elderly and CONSENT disabled STAFF TO GIVE PROPOSED SAVINGS REPORT 2 Resolution toEST ABLISH Mid-Atlantic ADOPTED BY 10-0 A Y Y Y Y Y Y Y Y Y Y Regional Ambulance, IncAUTHORIZE COSENT EMS oermit 3 Ordinances toACCEPT and APPROPRIATE. a. Grant from Virgmla Wireless E-911 ADOPTED BY 10-0 A Y Y Y Y Y Y Y Y Y Y Services Board re TelecommuDlcator Job COSENT Task AnalYSIs. b. Monetary donation from sca ADOPTED BY 10-0 A Y Y Y Y Y Y Y Y Y Y International, LLC reultrasoDlc weapons CONSENT cJeaolDl[ eqummentfor Police. I I I II CITY OF VIRGINIA BEACH SUMMARY OFCOUNCU ACnONS V 0 I DATE: 8/26/08 M B L D C E L E D H C R A W !'AGE: 2 S I E J L N U N I T E D N 0 A D H U L W AGENDA E Z Y L N N 0 R E S 0 ITEM # SUBJECT MOTION yorE P E E E E A R I V 0 0 H L R Y S N F N A N D 4 Ordinance to TRANSFER funds to VirglDla ADOPTED BY 10-0 A Y Y Y Y Y Y Y Y Y Y Aquanum- Phase II, re Seal holding pools COSENT A DD ON Ordinance to AUTHORIZE ADDED AND 10-0 A Y Y Y Y Y Y Y Y Y Y acqUIsition of ARP ID behalf of Barry ADOPTED BY D. & Paula W Knight @ 3380 CONSENT Indian Creek Rd DISTRICT 7 - PRINCESS ANNE L/1 BRUCE and ELIZABETH HEDLUND: ALLOWED 10-0 A Y Y Y Y Y Y Y Y Y Y Var/anceto SubdivIsion Ordinancere WITHDRAWAL additional family home at 5711 Lancelot BY CONSENT Dnve. DISTRICT 2- KEMPSVILLE 2 DANNY COLLIER CUP re aut~ APPROVED, 10-0 A Y Y Y Y Y Y Y Y Y Y sales/service/storage at 1605 Pleasure HOUSf CONDITIONED, Road. BY COSENT DISTRICT 4- BA YSIDE 3 CYPRESS CREEK, L.L.C. CUP re ndinu APPROVED, 10-0 A Y Y Y Y Y Y Y Y Y Y academylhorses for hire or board CONDITIONED commercial kennel at 1628 Mill Landin~ AS REVISED. BY Road. CONSENT DISTRICT 7- PRINCESS ANNE 4 BUDDHIST EDUCATION CENTER OF DENIED 8-2 A N N Y Y Y Y Y Y Y Y AMERICA, INC. ModificationofCondition to extend complimce (approved August 28, 2007) at 4177 West Neck Road DISTRICT 7 - PRINCESS ANNE 5 LEONILO O. GLORIA Modification of APPROVED, 10-0 A Y Y Y Y Y Y Y Y Y Y Condition NO.5 re sign forsemor/disabled CONDITIONED, housmg (approved February 22, 2005) a BY CONSENT 1236 Kempsville Road. DISTRICT 2- KEMPSVILLE 6 Applications of the City ofVirgmla Beach: Ordinance toAMEND (CZO) re ADOPTED BY a. CONSENT 10-0 A Y Y Y Y Y Y Y Y Y Y posting of signs gIVIng notice of certam zomng applications ADOPTED b, Ordinance toAMEND (CZO) re PLANNING 6-4 A Y Y N Y N N N Y Y Y commumcation towerslbuildin~mounted COMMISSION'S antennas VERSION, BY CONSENT c. Ordinance to AMEND Appendix F - ADOPTED 10-0 A Y Y Y Y Y Y Y Y Y Y Chesapeake Bay Preservation Area r<:water PLANNING surface area ofswlmmmg pool/impervlOu COMMISSION'S cover VERSION, BY CONSENT 1 I I ,I CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I DATE: 8/26/08 M B L D C E L E D H C R A W PAGE: 3 S I E J L N U N I T E D N' 0 A D H U L W AGENDA E Z Y L N N 0 R E S 0 ITEM # SUBJECT MOTION VorE P E E E E A R I V 0 0 H L R Y S N F N A N D I M APPOINTMENTS RESCHEDULED 10-0 B Y C 0 N S E N S U S I I BEACHES AND W A TERW A YS COMMISSION I HISTORIC SITES ORGANIZING COMMITIEE HUMAN RIGHTS COMMISSION REVIEW AND ALLOCATION COMMITIEE WETLAND'S BOARD WORKFORCE HOUSING ADVISORY COMMITIEE AGRICULTURAL ADVISORY Reappomted COMMISSION 4 year tenn 10/1/08 10-0 A Y Y Y Y Y Y Y Y Y Y Michael LoUIs Cullipher - 09/30/12 COMMUNITY MEDICAL ADVISORY Reappomted COMMISSION Dr. W. Andrew Dickson, Jr. 5 year tenn 10-0 A Y Y Y Y Y Y Y Y Y Y 09/01/08 - 08/31/13 Delegate Harry R. Purky 5 year tenn 10-0 A Y Y Y Y Y Y Y Y Y Y 09/01/08 - 08/31/13 DEVELOPMENT AUTHORITY Reappomted Donald V. Jellig 4 year tenn 10-0 A Y Y Y Y Y Y Y Y Y Y 09/01/08- 08/31/1 Jerrold L. Miller 4 year tenn 10-0 A Y Y Y Y Y Y Y Y Y Y 09/01/08 - 08/31/11 II I I il CITY OF VIRGINIA BEACH SUMMARY OF COUNCU ACnONS V 0 I DA IE: 8/26/08 M B L D C E L E D H C R A W PAGE: 4 S I E J L N U N I T E D N 0 A D H U L W AGENDA E Z Y L N N 0 R E S 0 IIEM# SUBJECT MOTION VorE P E E E E A R I V 0 0 H L R Y S N F N A N D PARKS AND RECREATION Reappomted COMMISSION Nicholas F. AnOia 3 year term 10-0 A Y Y Y Y Y Y Y Y Y Y 09/01108- 08/31/11 J. Michael Fentress 3 year term 10-0 A Y Y Y Y Y Y Y Y Y Y 09/01108- 08/31/11 Paula Kmght 3 year term 10-0 A Y Y Y Y Y Y Y Y Y Y 09/01/08- 08/31111 Appomted Student Brian Mitchell 2 year term 10-0 A Y Y Y Y Y Y Y Y Y Y (Tallwood High School) 09/01/08- 06/30/1( PUBLIC LIBRARY BOARD Reappomted Joseph W Hood 3 year term 10-0 A Y Y Y Y Y Y Y Y Y Y 09/01108- 08/3111 I Carol K. Wemstem 3 year term 10-0 A Y Y Y Y Y Y Y Y Y Y 09/01108- 08/31111 Appomted Student Lmh Nguyen 2 year term 10-0 A Y Y Y Y Y Y Y Y Y Y (First Coloma I Legal Academy) 09/01108- 06/311H REVIEW AND ALLOCATION Reappomted COMMITTEE Richard A. Algaban 3 year term 10-0 A Y Y Y Y Y Y Y Y Y Y 09/01108- 08/31/11 WETLAND'S BOARD Reappointed Molly P Brown 5 year term 10-0 A Y Y Y Y Y Y Y Y Y Y 10/01/08- 09/30/1 Stephen Vinson 5 year term 10-0 A Y Y Y Y Y Y y y Y Y 10/01108- 09/30/13 I I i II CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I DATE: 8/26/08 M B L D C E L E D H C R A W ['AGE: 5 S I E J L N U N I T E D N 0 A D H U L W AGENDA E Z Y L N N 0 R E S 0 ITEM # SUBJECT MOTION yorE P E E E E A R I V 0 0 H L R Y S N F N A N D Appointed 10-0 A Y Y Y Y Y Y Y Y Y Y Jeff Marks 5 year term 10/01/08- 09/30/13 Patrack Shuler 5 year term 10-0 A Y Y Y Y Y Y Y Y Y Y 10/01/08- 09/30/13 Barbara M. Wolcott, 5 year term 10-0 A Y Y Y Y Y Y Y Y Y Y AS ALTERNATE 10/01/08- 09/30/13 WORKFORCE HOUSING ADVISORY Reappointed COMMITTEE Robert S. Miller 4 year term 10-0 A Y Y Y Y Y Y Y Y Y Y 10/01/08- 09/30/1" Ronald Ripley 4 year term 10-0 A Y Y Y Y Y Y Y Y Y Y 10/01/08- 09/30/1 N/O NEW BUSINESS Cancelled all 10-0 A Y Y Y Y Y Y Y Y Y Y SessIOns for 11/4& 11/11/08 P ADJOURNMENT 8:56 PM