OCTOBER 7, 2008 MINUTES
II I II
III
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
M4YOR MEYERA E. OBERNDORf~ At-Large
I"CE MAYOR LOU/S R. JONES, Bays/de - District 4
HlI.LlAM R. DeS7hPH. At-Large
fl,4RRY E DIEZEI., Kempsville - District 2
N' JBERT M. DYER" Centerwlle - District I
liARBARA M. HENI.EY, Princess Anne District 7
/lFBA S. McCLANAN, RO.,e Hall - District 3
.JOHN E. UHRiN, Beach District 6
liON A. VILLANUliVA, At-Large
1I0ShMARY WILSON, At-Large
.fAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL AGENDA
cny MANAGER - JAMES K. SPORE
cn Y A7TORNEY - LE!:>"LIE L. LILLEY
Cf1Y ASSESSOR - JHRALD BANAGAN
CI/Y AUDlTOR - f.YNDON S. REMIAS
('Ii Y ('LERK - RUTH HODGES FRASHR, MMC
7 OCTOBER 2008
I. CITY MANAGER'S BRIEFINGS
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CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH. VIRGINIA 23456-8005
PHONE:(757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycncl@vbgov.com
-Conference Room -
A. COMMUNITY LEGISLATIVE AGENDA
Robert R. Mathias, Assistant to the City Manager
B. WORKFORCE HOUSING BOARD RECOMMENDATIONS
Andrew Friedman, Director, Housing and Neighborhood Preservation
C. DRAGAS GRANT FOR HOMELESS FAMILIES
Andrew Friedman, Director, Housing and Neighborhood Preservation
H. CITY COUNCIL LIAISON REPORTS
Ill. COUNCIL COMMENTS
IV. REVIEW OF AGENDA
V. INFORMAL SESSION
- Conference Room -
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
1 :30 PM
3:30 PM
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VI. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. INVOCATION: Mr. Thomas McFeely
Deacon, Church of the Ascension
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
September 23,2008
G. AGENDA FOR FORMAL SESSION
H. PRESENTATIONS
A. OCEANA MISSION AND ACTIVITIES
Captain Mark Hunter, Commanding Officer, Oceana Naval Air Station
B. PRINCESS ANNE ATHLETIC DEVELOPMENT
Cindy Curtis, Director, Parks and Recreation
I. PUBLIC HEARINGS
1. Lease of City-owned property at 3rd Street and Atlantic Avenue
2. INSTALLMENT PURCHASE AGREEMENT
Acquisition of Agricultural Land Preservation (ARP) Easement-3416 Head River Road
3. DEPARTMENT OF JUSTICE-BYRNE MEMORIAL ASSISTANCE GRANT
Allocation re law enforcement/criminal processing projects
J. CONSENT AGENDA
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K. ORDINANCES/RESOLUTIONS
1. Ordinance to AUTHORIZE the City Manager to execute a Short Term Lease with
Dolphin Run Condominium Association, Inc., re City-owned property at 3rd Street and
Atlantic Avenue.
2. Resolution to AUTHORIZE the issuance of General Obligation School Bonds in the
maximum amount of $7.5 Million to be sold re The Virginia Public School Authority.
3. Ordinance to AUTHORIZE the City Manager to execute an Installment Purchase
Agreement with Barry D. Knight re an Agricultural Land Preservation (ARP) easement on
3416 Head of River Road.
4. Resolution to REFER to the Planning Commission an Ordinance amending g211 of the
City Zoning Ordinance (CZO) re temporary signs.
5. Resolution to ACKNOWLEDGE Virginia GED Week and Virginia GED Day re a stronge
alignment of quality education, workforce development and economic development.
6. Resolutions to APPOINT:
a. Natalie Mann as Assistant City Attorney
b. Rachel Allen as Associate City Attorney.
7. Ordinances to AUTHORIZE temporary encroachments into portions of the City's rights-
of-way:
a. DA VID B. and ANDREA C. PALMISANO to construct and maintain a boatlift and
a timber pier at 2436 Entrada Drive (DISTRICT 5 - PRINCESS ANNE)
b. DONALD R. JR. and LINDA J. ARGUS to construct and maintain a bulkhead, two
(2) returns and a dock at 2249 Widgeon Lane (DISTRICT 7 - PRINCESS ANNE)
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8. Ordinance to ACCEPT and APPROPRIATE $25,800 from the Department of Homeland
Security, sub-granted from the City of Portsmouth, to the Fire Department re hazardous
materials response equipment.
9. Ordinance to APPROPRIATE $77,000 from the General Fund balance to the Kempsville
V olunteer Rescue Squad re an interest free loan to purchase a replacement ambulance.
10. Ordinance to TRANSFER funds and APPROVE two (2) full-time, City-funded positions
re Commonwealth's Attorney Office re domestic violence.
L. APPOINTMENTS
HISTORIC PRESERVATION COMMISSION
P ARKS AND RECREATION COMMISSION
RESORT ADVISORY COMMISSION
REVIEW AND ALLOCATION COMMITTEE
TIDEWATER REGIONAL GROUP HOME COMMISSION
WORKFORCE HOUSING ADVISORY COMMITTEE
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
**********************************
PUBLIC COMMENTS
Non-Agenda Items
**********************************
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Comprehensive Plan
Open Houses
I
October 9, 2008 White Oaks Elementary School District #3 - Rose Hall
7:00 - 9:00 PM
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 En Iightenment District #6 - Beach
,
October 20, 2008 Princess Anne High School District #4 Bayside I
7:00 - 9:00 PM District #5 - Lynnhaven
October 23, 2008 Bayside Recreation Center District #4 Bayside
7:00 - 9:00 PM District #5 - Lynnhaven
October 27, 2008 Cox High School District #5 - Lynnhaven
7:00 - 9:00 PM
*********
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
***********
:,genda 10/7/08 ath
vww. vbgov.com
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MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
October 7, 2008
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING re the COMMUNITY
LEGISLATIVE AGENDA in the City Council Conference Room, City Hall, on Tuesday, October 7,
2008, at 1:30 P.M
Council Members Present:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, James L. Wood
Council Members Absent:
John E. Uhrin
[Entered: 1:40 PM]
Ron A. Villanueva
[Entered: 2:007 P.M]
Rosemary Wilson
[Business appointment, Entered: 2:50 P.M
October 7, 2008
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MA YOR 'S COMMENTS
ITEM # 58074
Mayor Oberndorf congratulated Council Lady Henley on the birth of her new grandson, Gavin Winston
Henley.
ITEM # 58075
Steve Herbert, Deputy City Manager, introduced David Trimmer, who has been named the Director of
the Department of Agriculture, effective October 1, 2008. Mr. Trimmer comes to the City with more than
twenty (20) years of experience in management and business development. His professional background
includes senior level positions with companies such as Smithfield Foods, Parkerland Packing and Sun
Land Beef Company. Most recently, he served as Vice President of Sales for Triad Foods Group in
Phoenix, Arizona. He brings strong credentials in the agricultural business and a history of successful
private sector business developments that will be valuable for Virginia Beach in the years to come.
Mr. Trimmer received a Bachelor of Science Degree in Accountingfrom West Virginia University in 1983
and a Master of Business Administration Degreefrom the University of Richmond in 1992.
Council Lady Henley advised Marcy Sims - Director of Libraries, brought her the journals of Mr.
Osland, the Extension Agent in the early part of the Century. These journals contain in his daily work
effort.
October 7, 2008
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C IT Y MANA G E R 'S B R IE FIN G
COMMUNITY LEGISLATIVE AGENDA
1:30 P.M.
ITEM # 58076
III I
The City Manger advised the funding for the Virginia Tourism Corporation, on Page 33, was the only
new item added to the Community Legislative Agenda. This was by request of Councilman Uhrin.
Robert Matthias, Assistant to the City Manager, distributed the Third DRAFT of the Community
Legislative Agenda.
2009 COMMUNITY LEGISLATIVE AGENDA
CITY OF VIRGINIA BEACH
TABLE OF CONTENTS
T ABLE OF CONTENTS -
PREFACE -
CITY OF VIRGINIA BEACH 2009 REQUESTED CODE OF VIRGINIA CHANGES -
1. Arrest or Issuance of a Summons by an Officer on Observations of a
Different Officer
2. Authorization for an Officer Other than the Arresting Officer to Obtain a
Warrant in DUI Cases Based on the Arresting Officer's Observations
3. DUI Cost Recovery Program
4. Required Crash Reports
5. Energy Conservation
6. CSA Administrative Allocation
7. Loss of Medicaid Eligibility for Teens in Foster Care with Earned Income
8. Weapons in Public Buildings 11-12
9. Allow VRS to Administer the Other Post Employee Benefits (OPEB) Trust
10. Automatic Enrollment for New Employees into the City's Deferred
Compensation Program
11. Do Not Refund Employer Paid Contributions
12. Job-Related Disability Retirement: Alternative Eligibility Guidelines
13. Retirement Benefits for Involuntary Separation
14. Four Year State Supported College in Virginia Beach
15. Capture of Sales Tax from Tourism Related Venue
16. Assessment for Courthouse Construction, Renovation or Maintenance
17. Definition of Firearms
18. Smoke Free Restaurants
19. Tree Protection Legislative Authority for Virginia Beach to Enable Us to
Move Forward on Accomplishing Green Ribbon Committee
Recommendations, and to Continue to Ramp Up Our Sustainability/Go
Green VA Initiatives
20. Expansion of the Virginia Human Rights Act
Page #
1-2
3-4
5-26
5-6
6-8
8-9
9
10
10
11
12
12-13
13-14
14-15
16-18
19
19
20
21-24
25
25-26
26
October 7, 2008
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C IT Y MANA G E R 'S B R IE FIN G
COMMUNITY LEGISLATIVE AGENDA
ITEM # 58076 (Continued)
Page #
CITY OF VIRGINIA BEACH FUNDING ITEMS - 27-33
1. Virginia Aquarium & Marine Science Center-Ocean in Motion Aquarium
Truck
2. Support for Regional Plan for Geropsychiatric Services
3. Support for Additional State General Fund Dollars for Mental Health and
Mental Retardation
4. Funding for Public Health Services
5. Virginia Beach Convention Center Funding
6. Sandler Center for the Performing Arts
7. Funding For the Virginia Tourism Corporation
8. Support For Increased Funding For the Governor's Opportunity Fund
27-28
29-30
30
31
31-32
32-33
33
34
Councilman Wood advised the swimming pool issue - Chesapeake Bay Preservation Area Board - was
not contained within the Agenda (revise the Chesapeake Bay Act to consider swimming pools, ponds,
BMP's (Best Management Practices) to be considered as non impervious areas.
Robert Matthias, Assistant to the City Manager, advised the City Staff requested this not be an item, as
they believe it will be handled administratively.
Councilman DeSteph referenced the sarcastic terminology in the Preface. Councilman DeSteph also
advised the he found three (3) new issues on the Agenda.
Mr. Matthias advised the three (3) new items were "Capture of Sales Tax from Tourism Related Venue ",
"Tree Protection" and Legislative Authority for Virginia Beach to Enable Us to Move Forward on
accomplishing Green Ribbon Committee Recommendations to Continue to Ramp Up Our
Sustainability/Go Green Virginia Initiatives and Fundingfor the Virginia Tourism Corporation.
Councilman Diezel recommended deletion of Items 10, 11 and 12 to allow City Council time for
discussion and to consider the ramifications and expense of a compensation package as it will probably
change for future employees. City Council should schedule a workshop for this discussion.
Mr. Matthias advised there are actually twenty (20) items, not twenty-one (21). The automatic numbering
system failed.
Councilman DeSteph believes Items 10 and 11 should be removed as it isforcing the employees to take a
benefit. Councilman DeSteph requested clarification on 12 - Job Related Disability Retirement.
Council Lady Henley referenced proposed items of the Farm Bureau, and if there are items which seem to
merit inclusion, she would like to bring these forward as part of the Community Legislative Agenda.
The City Attorney advised the statutory corrections in the package are accurate. The City Manager, City
Attorney, and Robert Matthias will confer with City Council and rephrase this item..
Discussion of these Community Legislative items shall occur on the City Council Workshop of October
21, 2008, which will commence at 3:00 P.M The City Council vote could be scheduled for October 28,
2008. Councilman DeSteph advised he did not mind rewriting the Preface so as not to be as offensive
language..
October 7, 2008
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C IT Y MANA G E R 's B R IE FIN G
WORKFORCE HOUSING BOARD RECOMMENDATIONS
ITEM # 58077
2:07 P.M.
Andrew Friedman, Director - Housing and Neighborhood Preservation presented the Final Program
Recommendations of the Worliforce Housing Advisory Board.
Mr. Friedman acknowledged the Worliforce Housing Advisory Board Members
John Olivieri, Chair
Tim McCarthy, Vice-Chair
Dan Baxter
Henry Boyd
Cheryl Davidson
Mary Kay Horoszewski
Bob Miller
Ron Ripley
Richard Thurmond
Gerrie West
William Adam White
Council Liaisons
Rosemary Wilson
Bob Dyer
City Attorney's Office
Deputy City Attorney William Macali
Associate City Attorney Alexander W. Stiles
Deputy City Attorney Rebecca Kubin
Virginia Beach Community Development Corporation (VBCDC) Staff
Jessica Guglielmo
Sharon Shoff
City Staff
Cheryl Smith, Workforce Housing Coordinator
Sharon Prescott, Housing Development Administrator
Stephen White, Planner
October 7, 2008
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C IT Y MANA G E R 'S B R IE FIN G
WORKFORCE HOUSING BOARD RECOMMENDATIONS
ITEM # 58077 (Continued)
Tim McCarthy, Vice Chair - Worliforce Housing Advisory Board, expressed appreciation for serving on
this Board. Mr. McCarthy endorses the Workforce Housing Program.
On August 28, 2007, City Council adopted the Workforce Housing (WFH) ordinances. Additional
program requirements and details were to be developed. In October 2007, City Council appointed the
Worliforce Housing Advisory Board (WFHAB) to develop the details.
From October 2007 through August 2008, the Workforce Housing Advisory Board (WFHAB) met with
stajf and the Virginia Beach Community Development Corporation (VBCDC) to develop the complete
program requirements. The WFHAB voted on August 25, 2008, to recommend these program
requirements to Council.
Andy Friedman, advised the basics of the Program:
· Voluntary opportunity for developer to build at a higher
density if he/she includes 17% of units as workforce housing
· Overlay district requirements include that units will be
location-integrated, physically indistinguishable
with "green" features, etc.
· No windfalls for Developer or purchasers - ajfordability
is preserved over time
· 83% of the development consists of market rate units
How the Process Works
.
Developer applies to build a development that contains workforce housing units
.
Attends a pre-submittal meeting with Planning and Housing Staff
.
Completes a WFH Supplemental Application that is part of the Rezoning Application
.
Planning Commission Review
.
City Council decision
How the Bonus Density Works
Example:
· Developer owns land that either is, or could be, zonedfor 100 units
.
A 30% bonus density applied to 100 base units allows 130 units.
.
17% of the total units (22) must be WFH units; 8 additional market rate units are also allowed
October 7, 2008
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C IT Y MAN AGE R 'S B R IE FIN G
WORKFORCE HOUSING BOARD RECOMMENDATIONS
ITEM # 58077 (Continued)
8
. Base Units
o New WFH Units
o New Market Units
How People Get the Chance to Buy Units
Upon approval of a development, the Department of Housing and Neighborhood Preservation
(DHNP) and the Developer will create a schedule that ensures that qualified buyers will be
ready to purchase when units are ready to sell
.
Department of Housing and Neighborhood Preservation (DHNP) will take applications for a
waiting list and screen them for eligibility; eligible buyers are placed on the list in randomized
order
.
.
Qualified buyers will be referred for purchase at the appropriate time
.
The Department of Housing and Neighborhood Preservation (DHNP) will work with buyers,
Developer and lenders to ensure the process flows smoothly
How AjJordability is Created and Preserved
.
Developer agrees to sell units at a discount
.
The value of the discount is captured in a second mortgage that has no payment requirement
other than repayment at sale or transfer
.
The city has the first right of refusal to purchase units that the owner decides to sell and can
thereby preserve ajJordability through re-recording the second mortgage
October 7, 2008
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C IT Y MAN AGE R 'S B R IE FIN G
WORKFORCE HOUSING BOARD RECOMMENDATIONS
ITEM # 58077 (Continued)
Workforce Housing Provides a Significant Discount
ASSUMPTIONS: FMV: $240,000.00 LOAN TYPE: VHDA/FHA 30-YEAR FIXED INTEREST
Interest rate: 6.25%
Condo Fee: 150.00
WFH SALE MARKET SALE DIFFERENCE
First Deed of Trust $182,700.00 $236,292.00 $ 53,592.00
WFH Discount (2nd Deed of $ 60,000.00 N/A N/A
Trust)
Required Down Payment $ 0 $ 7,200.00 $ 7,200.00
Cash Needed to Close $ 5,772.65 $ 13,093.90 $ 7,321.25
Housing Expense: Principal
and Interest $ 1,124.92 $ 1,454.89 $ 329.97
Property Taxes 198.00 198.00 0.00
Mortgage Ins. 75.00 97.00 22.00
Condo Fee 15 0.00 150.00 0.00
Total Monthlv Expense $ 1,547.92 $ 1,899.89 $ 351.97
Minimum Annual Income $ 61,917.00 $ 75,996.00 $14,079.00
Required
Program Finances
· Costs to date: staff costs in program development
· Ongoing costs: one position dedicated to program
· Fees will be charged to defray direct program costs
· Potential income from future capture of resale proceeds
· City is not investing in the units or the development
· A fund or account is needed to isolate program costs and revenues
Summary of New Sales Process
· Due to changing market conditions and research with Fannie Mae, Freddie Mac, FHA, VA,
and VHDA, it was necessary to find a new sales process in order to ensure that Eligible Buyers
could obtain mortgage loan financing
· A more simplified process was adopted based on James City County's Affordable Housing
Program
· This new process will be less costly to the Eligible Buyer in terms of closing costs
James City County's Affordable Housing Program
· Program began in 2005
· Currently there are 3 separate developments that have proffered a total of98for-sale units (75
have closed)
· There are additional developments with units proffered that are not yet under construction
· Target income group are households with incomes at 80% of the area median (this is the
lowest income group our program targets)
October 7, 2008
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C IT Y MAN AGE R 'S B R IE FIN G
WORKFORCE HOUSING BOARD RECOMMENDATIONS
Mr. Friedman displayed a new town Development in James City County.
How The Sales Transaction Works
EXAMPLE:
Developer and City
enter into participation
agreement to offer
units at Discounted
Sales Price of
$180,000.00 (25%
discount from market
rate).
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EXAMPLE:
Developer sells to eligible buyer for $240,000.00 (market rate)
i. First Deed of Trust for Discounted Sales Price
$180,000.00 +
ii. Second Deed of Trust to City to secure WFH Discount
of $60,000.00 (25% of $240,000.00) and a proportionate
share of any net appreciation on resale, and
ill. A 1't right to repurchase/assign unit on resale
18
Proposed Ordinance Changes
· Inclusion of Circumstances under which Property can
be Transferred
· Inclusion of Occupancy Requirement
· Revision of Appraisal Process at Resale
· Clarification of Language between Ordinances and Program Description for Consistency
· Revised Sales Process
The Department of Housing and Neighborhood Preservation's Roles, Costs and Fees
.
Except for one staff person in the Department of Housing and Neighborhood Preservation,
(DHNP), no funding has been appropriated for the program.
.
The Workforce Housing Advisory Board (WFHAB) recommends that DHNP operate the
program and be reimbursed for actual costs, as follows:
1.) An application fee for all applicants for whom DHNP verifies
information and pulls tri- merged credit report.
2.) A program administration fee for all
purchas,l,
October 7, 2008
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CITY MANA GER 'S BRIEFING
WORKFORCE HOUSING BOARD RECOMMENDATIONS
ITEM # 58077 (Continued)
Department of Housing and Neighborhood Preservation's Duties
. Accept applications after WFH development has been approved by City Council
· Manage waiting list of applicants
· Verify applicant information for defined number of potential buyers
· Re-verify information shortly before unit availability
· Maintain records of all activities
· Annual compliance requirements
Department of Housing and Neighborhood Preservation's Costs and Fees
. A1J1Jlication Fee ($50): a one-time fee paid by applicants once they are pulledfrom the waiting
list to have their eligibility for a WFH unit determined.
. Proflram Administration Fee ($510): reimbursement for the cost of managing the program
from unit availability through the loan closing. Including but not limited to working with the
lender, completion of WFH program documents, reviewing loan documents, and getting the
buyer through the loan closing
. The revised sales process is less costly than originally envisioned since it is one direct sale
Income Guidelines and Sales Prices
.
Income guidelines are based on annual Housing and Urban Development ( HUD) published
figures
.
Sales prices are driven by income figures and market interest rates
.
Program requires semi-annual review and adoption of guidelines and prices based on
Workforce Housing Advisory Board's recommendations
Work Force Housing Advisory Board's (WFHAB) recommendationsfor income and sales prices by
household size and income range (figures range from 80-120% AMI):
Household Size Income Range Sales Prices
1 $36,456 - $54,684 $101,828 - $165,252
2 $41,664 - $62,496 $119,949 - $192,434
3 $46,872 - $70,308 $138,071- $219,615
4 $52,080 - $78,120 $156,192 - $246,797
October 7, 2008
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C IT Y MANA G E R 'S B R IE FIN G
WORKFORCE HOUSING BOARD RECOMMENDATIONS
ITEM # 58077 (Continued)
What's In The Package?
· Revised Program Description
· Process for Rezoning Application for Workforce Housing Overlay
· The Department of Housing and Neighborhood Preservation Procedures for Applicants
· Department of Housing and Neighborhood Preservation Fees
. Program Participation Agreement Between Developer and City
· Program Participation Agreement Between City and Buyer
· Deed, Note, Equity Sharing Agreement and Deed of Trust Note
· Disclosure and Certification
· Program Ordinance
· Zoning Ordinance
· Ordinance to Establish a Workforce Housing Revolving Fund
· Ordinance to Adopt the Workforce Housing Program Documents
The members of the Workforce Housing Advisory Board working with staff and members of the City
Attorney's Office have developed program documents, operational agreements, guidelines and costs for
all aspects of the for-sale program. Upon adoption of the board's recommendations by City Council, this
will complete the for-sale component of the Workforce Housing Program.
Next Steps
· Public Comment on October 14, 2008
· City Council vote on October 28, 2008
. The Workforce Housing Advisory Board continues meeting to work on rental aspects of the
program
· Once rental aspects of the program are completed and approved, the Workforce Housing
Advisory Board will meet at least semi-annually to evaluate the program and to update sales
prices and rents
Keys to Program Success in the Future
.
The Department of Housing will market the program to builders, developers, etc. and educate
the various stakeholders
.
The Housing Roundtable will be working with Civic Leagues to promote the program
.
City Council review and potential acceptance of a first project will be needed for the program
to succeed
October 7, 2008
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C IT Y MANA G E R 'S B R IE FIN G
DRAGAS GRANT FOR HOMELESS FAMILIES
2:40 P.M.
ITEM # 58078
Andrew Friedman, Director - Housing and Neighborhood Development, referenced the Plan to End
Family Homelessness.
Mr. Friedman cited the causes of Family homelessness:
Normal
Economic Disru tions
Famil Se arations
Domestic Violence
Households by Age Group
Household Income Under $35,000
10,000
9,000
8,000
7,000
6,000
5,000
4,000
3,000
2,000
1,000
o
Under
25 Yrs
25 to 34 35 to 44 45 to 55 55 to 64
Yrs Yrs Yrs Yrs
65&
Over
Department of Housing and
Neighborhood Preservation
3
The implementation of this Plan is made possible, in a large part, by a generous grantfrom the Dragas
Companies and the George and Grace Dragas Family Foundation.
Helen Dragas, thanked the City for the opportunities given the Dragas Family, which have led to their
ability to "give back". The majority of rezonings granted the Dragas's have been Workforce Housing
type of projects.
Our City has been helpingfamities resolve homeless issues for at least twenty (20) years. In 1986, homes
were donated near Mt. Trashmore II to Virginia Beach Community Development Corporation (VBCDC)
for transitional housing for homeless families. The City helped start Samaritan House, a shelter for
families and victims of Domestic Violence. The Virginia Beach Community Development Corporation
(VBCDC) and Samaritan House are the main providers of assistance to homelessfamities today
October 7. 2008
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C IT Y MANA G E R 'S B R IE FIN G
DRAGAS GRANT FOR HOMELESS FAMILIES
ITEM # 58078 (Continued)
Recent Background
· 10-Year Plan to End Homelessness adopted on June 5,2007
· Announcement of $1.5-MILLION Grant from the George and Grace Dragas Family
Foundation in December 2007 to Chesapeake, Norfolk and Virginia Beach
· Task Forceformed by Housing and Neighborhood Preservation to Create a Plan (March 2008)
· Grant Request Submitted - September 2008
Grant Approved - October 2008
Task Force Composition
Ruthie B. Hill- The Samaritan House
Mary K. Horoszewski - Virginia Beach Community Development Corporation
· Cheryl Williams - Department of Human Resources
· Gay Thomas - City of Virginia Beach - Schools Division
· Department of Housing and Neighborhood Preservation
Sharon Prescott
John Boylan
Candace Bowser
Minta Walker
Bill Dore'
Mr. Friedman cited the Vision:
We will create a successful plan for ending family homelessness that keeps families
from entering a homeless situation or that reduces the amount of time spent being
homeless.
Logic Model
Household-Centered
Plannin Housin and Services
Overall System Principles
Coordinated Intake, Assessment, Referral and
Case Management
A Regional Approach Wherever Appropriate
PLUS
Seeking and obtaining additional funds to
leverage grants - including a regional
approach to fund development
Making Housing Opportunities Available
PLUS
Outside Evaluation to provide objective
determination of results plus
tracking of outcomes
Rapid Access to Housing
SHOULD CREATE
SHOULD CREATE
Effective Programs and Services that Yield
Families Moved
from
Homelessness
to
Supportive Housing
or
Permanent Housing
9
October 7, 2008
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C IT Y MANA G E R 'S B R IE FIN G
DRAGAS GRANT FOR HOMELESS FAMILIES
ITEM # 58078 (Continued)
Outcome No. 1.
We will have a well maintained system of activities and processes that are efficient, comprehensive and
sustainable to meet the needs of the homeless or near homeless population in the City of Virginia
Beach.
We will hire a Program Coordinator, on a contractual basis, to begin to manage the coordination and
implementation that will be required to make this plan successful. Our Task Force will continue its work
to development triage and assessment tools that will direct our intervention for each unique family.
Through our continued efforts, we will develop a sense of trust and cooperation that will enhance
communication throughout all service providers. We will create a system tool that identifies what should
happen with each client. We will have a process that is understood and supported by all stakeholders.
Outcome No.2.
Families will be appropriately and consistently evaluated and assessed wherever they arrive for
services.
Critical to this plan is a central intake or "No Wrong Door" approach. While we may not start out with
a central intake, we want to insure that whoever sees our client first is capable of performing triage and a
complete assessment if necessary. Following the assessment, the intervention is explained and actions
are initiated. Data is entered into the Department of Housing and Urban Development (HUD) HMIS
(Homeless Management lriformation System) for tracking and outcome reports.
We expect 95% of all applicants that present to the "NO WRONG DOOR" are appropriately and
consistently evaluated and assessed in accordance with the established practices created by the Task
Force.
Outcome No.3.
Families will achieve success through an on-going support system
Our case management system follows each client throughout the process until they successfully exit the
program. We will measure our results upon exiting the program or after 12 months or both to evaluate
the success of our program. We expect 75 percent of all people that require case management
intervention will show improvement between their initial intake assessment and their exit or updated
assessment.
Outcome No.4.
Families' housing needs are accurately evaluated and a housing intervention is achieved as rapidly as
possible.
The bulk of our funds will be spent re Outcome No.5. The funds will be to intervene prior to becoming
homeless or to be used to re-house them as rapidly as possible. Some of the funds will also be used to
expand our housing capacity so that homeless individuals do not have to remain homeless or in
temporary shelters.
The City expects that four hundred thirteen (413) families will be moved quickly into permanent or
permanent-upportive housing through these efforts andfunds.
October 7, 2008
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C IT Y MANA G E R 'S B R IE FIN G
DRAGAS GRANT FOR HOMELESS FAMILIES
ITEM # 58078 (Continued)
Outcome No.5.
Families' housing needs are accurately evaluated and a housing intervention is achieved as rapidly as
possible
Regional Fund Raising
Cooperative Grant Writing Efforts
The goal is to collaborate with our sister cities that received grants and earmark funds to create a
regional grants program to raise $1-MILLION within the first 18 months to help sustain this program
beyond the initial grant money awarded
Outcome No.6.
People are well informed and know what actions to take to engage our services
A marketing plan will be developed that will reach all stakeholders that might have intervention capacity
to help the homeless in some way. Police, Fire, Emergency Medical Technicians, Public Utility and
Public Works, Recreation Center and Library personnel as well as ancillary service providers, such as
soup kitchens, clothing ministries, schools, neighbors and friends. This outreach will be toward the
person that might be there for the homeless victim to get them to the "NO WRONG DOOR ".
Outcome No.7.
Our evaluation plan will provide meaningful information along with program results to allow for
adjustments and improvements.
We will create an evaluation system that can measure: Outputs Outcomes and Gaps in our Services.
This will be crucial to our long-term viability and success.
Outcome No.8.
Children, including pre-school aged, that are part offamilies who are experiencing homelessness will
be assisted to enable stability in education as well as access to appropriate resources.
We will work with the Schools Division to ensure that this disruption on the family has the least possible
affect on pre-school children and children attending our schools. Resources will be used to augment
their regular school attendance with after-school mentoring and assistance. The City Library staff will
also be involved in this endeavor. We want at least 75 percent of our family homeless children to
demonstrate consistent school attendance and improved academic results.
Financial Resources
· City Funds - $35,000
Dragas Grant Funds - $500,000
City Controlled Federal Funds - $641,000
Rapid Re-Housing Funds (Allocated over 3 year period) - $250,000
Homesfor Children (H4C) - $30,000
TOTAL = $ 1,456,800
October 7, 2008
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C IT Y MANA G E R 'S B R IE FIN G
DRAGAS GRANT FOR HOMELESS FAMILIES
ITEM # 58078 (Continued)
To accomplish our goals, a diversified array of funds will be utilized. City funds will provide leverage
against the Dragas Grant.
We have designated different program resources from our Federal funding package to assist our clients.
We are applying a new program through the Continuum of Care called the Rapid Re-Housing
Demonstration Grant. The maximum amount we can receive is $250,000 to be spread over 3 years.
Finally, the Virginia Beach United Methodist Church has a program for assisting children of homeless
families. Although they receive federal funds from other resources, they contribute approximately $1,000
per childfrom their own resources.
Regional Participation
Discussion of programs with possible areas of alignment; commonality of language
Triage and Assessment Models
Case Management Approaches
· Affordable Housing Database; Housing Broker; Housing Availability Inventories;
Leveraging of Funds to develop a regional fund raising initiative
· Regional Marketing Plan
Regional Evaluation Criteria
What We are Asking
Resolution to Adopt the Plan to End Family Homelessness and to recognize the generosity of
The Dragas Companies in helping to make this plan possible
· Ordinance to Appropriate $500,000 from the George and Grace Dragas Family Foundation,
and
· $35,000 matching funds from the General Fund Reserve to the Department of Housing and
Neighborhood Preservation to implement the Dragas Grant Agreement
October 7, 2008
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CITY COUNCIL LIAISON REPORTS
ITEM # 58079
2:55 P.M.
Council Members DeSteph and Wood, Liaisons to the Virginia Aquarium and Marine Science Center,
distributed the latest status report, which is herby made a part of the record.
Project Budget:
Two contracts with the W.M Jordan Company; City contract of$12.6-MILLION for
general construction; Aquarium Foundation contract of $6. I-MILLION for the exhibits
and habitats.
Contractor payments to-date: $10.9-MILLIONfor City Contract (86% complete)
$ 2.6-MILLION for Foundation Contract
(47% complete)
City Contingency fund expenditure to date:
Remaining contingency fund:
$749,649
$566,539
Schedule
City contract issued April 25, 2007,for 16-month construction period to August 17,2008;
Change Order #16 (additional lengths of helical piles) will extend the contract by 30 days to
September 16, 2008.
Because Change Order #16 delayed completion of the Red Sea Aquarium, there will be a
corresponding delay in starting the rockwork and life support systems in the Red Sea Aquarium
under the Foundation Contract.
Foundation Contract issued June 13, 2007, with contract completion December 15, 2008; the 30-
day extension in Change Order #16 to the City Contract will result in a 30-day extension of the
Foundation Contract to January 14, 2009.
However, because certain portions of the City contract cannot be completed until after the
Foundation Contract is completed, the City will extend its contract time period to be concurrent
with the Foundation Contract with a non-compensable addition of approximately 120 days.
The completion date for both contracts will be January 14, 2009
A Grand Opening is beingplannedfor February 28,2009
October 7, 2008
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CITY COUNCIL LIAISON REPORTS
ITEM # 58080
Councilman Villanueva, Technology Liaison, distributed his report, which is hereby made a part of the
record.
Topics:
Public Utilities/Public Works Interactive Web Development ($237,560)
The goal of this project is to develop a web application that will allow water, sanitary sewer and storm
water utility customers to access their account information and current balance, update contract
information, view billing statements and query water consumption history via the Internet. Using this
application, they will also be able to request service setup, service disconnection and transfers, payment
extensions and bill adjustments for repaired leaks as well as to report water pressure problems and other
issues.
LiveScan Fingerprinting ($62,604)
The objective of this project is to improve the quality and efficiency of obtaining known fingerprint
samples from civil applicants and criminal offenders in a timely manner by transmitting information
electronically to a central site.
Enterprise Directory Services Conversion
ComIT has transitioned from Novell Netware as its primary provider of Directory Services to Microsoft's
Active Directory. This project resulted in a cost reduction of approximately $100,000 and paved the way
for a common Director Service Foundation for all of the City's Line of Business applications. Transition
from Netware Director to Microsoft's Active Directory was implemented in concert with the City's
computer replacement process. As each department received replacement computers, they were also
transitioned from a Novell client to the new Active Directory client. Due to the embedded nature of the
existing Novell products, the transition was very complicated and required considerable effort to
accomplish. Departments were systematically introduced to new drive mapping structures as well as new
ways of sharing data across City departments.
VBgov Home Page Enhancements
The purpose of this project is to improve the functionality of the VBgov.com home page and make it
easier for users to find the information they are seeking.
InSITE - Human Resources/Payroll System - CIP 3.280 ($10,223,061)
The purpose of this project is to consolidate multiple aging Human Resources and Payroll systems into
one centralized, integrated system, streamline business processes, improve reporting and data access
capabilities and meet the demands of the City's changing workforce.
October 7, 2008
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CITY COUNCIL COMMENTS
3:00 P.M.
ITEM # 58081
Councilman Diezel distributed a map denoting the Virginia Beach City Council Districts, Capital
Improvement Projects 2004-Present and their General Locations. The Districts are color coded.
David Hansen, Deputy City Manager and his staff prepared this information. This information will be
updated on a yearly basis. Said information is hereby made a part of the record. Councilman Diezel
advised there is a thirty-eight percent (38%) return on every dollar expended. This map effectively
depicts the distribution of tax dollars.
ITEM # 58082
Mayor Oberndorf referenced her earlier suggestion of Interim Pedestrian Safety improvements on
Virginia Beach Boulevard between Town Center and Pembroke Mall. Mayor Oberndorf had suggested
fencing, with the cross walks carefully marked and landscaping. Mayor Oberndorf requested this be
considered and scheduledfor a City Council Session.
Council Lady Wilson also suggested audio be installed on the cross lights.
City Council concurred.
The City Manager advised the cost would be approximately $208,000 to install the mid-block pedestrian
crossing barrier (fence and landscaping) and a pedestrian crossing signal and crosswalk.
ITEM # 58083
Council Lady Henley referenced the Total Maximum Daily Load (TMDL) standards for the Southern
Waterways and focusing primarily on Nanney's Creek Road. Finally, last week. the final technical
meeting occurred and is ready for Public Comment. Council Lady Henley referenced the issues involved
with the particular problem of bacterial contamination in those waterways (Nanney's, Mill Dam and
West Neck Creeks). They have focused primarily on Nanney's Creek. This model will probably be used in
the other watersheds. Council Lady Henley expressed appreciation to the City Staff for developing a
better model than first came from the State.
ITEM # 58084
Council Lady Henley referenced the three (3) Comprehensive Plan Workshops in the Princess Anne
District Council Lady Henley appreciates the City staff's dedication. She received excellent "feedback"
from the citizens who attended.
ITEM # 58085
Council Lady Henley referenced the Historical Preservation Town Meeting attended by approximately
sixty-jive (65) citizens. Many of the attendees were owners of the historical structures. Council Lady
Henley extended appreciation to Councilman Uhrin who attended.
Council Lady Henley extended an invitation to a meeting sponsored by the Historical Society, Sunday,
October 12, 2008, 2:30 P.M, Creeds Elementary School. Historical accomplishments in the Southern
part of the City will be highlighted. The project will also be presented, sponsored by the Historical
Society in the Southern part of the City and through volunteers of the Historical Society in the Northern
part of the City. This project will result in a tremendous data base. The attendees will then go the Senior
Resource Center for refreshments.
October 7, 2008
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CITY COUNCIL COMMENTS
ITEM # 58086
Councilman Dyer distributed:
Ordinance to AMEND 9 2-20 of the City Code re time and place of
regular City Council meetings.
Councilman Dyer requested City Council schedule this for the City Council Session of October 14, 2008,
but not be effective until January 1, 2009.
Currently, the City Council has regular meetings on the First, Second, and Fourth Tuesday of each
month. This ordinance will change City Council's regular meetings to the 2nd and 4th Tuesday of each
month and City Council will convene an informal session (Workshop) on the First Tuesday and Third of
each month. Therefore, there will be two (2) Workshops per month. These changes will allow more
collaborative discussion with the Virginia Beach City School Board and the City's Legislative delegation.
If a particular area of the City may be involved, the City Council could conduct their Workshop in that
vicinity. The meetings are to be broadcast live. City Council will need to vote re any change in location.
In July and December of each year, regular meetings shall be held on the first two (2) Tuesdays of the
month as has been the policy for several years. If adopted, this Ordinance would be effective January 1.
2009.
October 7, 2008
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AGE N DA REV IE W S E S S ION
3:30 P.M.
ITEM # 58087
BY CONSENSUS, the following items shall compose the CONSENT A GENDA: \
K. ORDINANCES/RESOLUTIONS
1. Ordinance to A UTHORIZE the City Manager to execute a Short Term Lease
with Dolphin Run Condominium Association, Inc., re City-owned property at
3,d Street and Atlantic Avenue.
2. Resolution to AUTHORIZE the issuance of General Obligation School Bonds in
the maximum amount of$7.5-MILLION to be sold re The Virginia Public School
Authority.
3. Ordinance to AUTHORIZE the City Manager to execute an Installment
Purchase Agreement with Barry D. Knight re an Agricultural Land Preservation
(ARP) easement on 3416 Head of River Road.
4. Resolution to REFER to the Planning Commission an Ordinance amending 9211
of the City Zoning Ordinance (CZO) re temporary signs.
5. Resolution to ACKNOWLEDGE Virginia GED Week and GED Day re a
stronger alignment of quality education, worliforce and economic development.
6. Resolutions to APPOINT:
a. Natalie Mann as Assistant City Attorney
b. Rachel Allen as Associate City Attorney.
7. Ordinances to A UTHORIZE temporary encroachments into portions of the
City's rights-of way:
a. DA VID B. and ANDREA C. PALMISANO to construct and maintain a
boatlift and a timber pier at 2436 Entrada Drive (DISTRICT 5 -
PRINCESS ANNE)
b. DONALD R. JR. and LINDA J. ARGUS to construct and maintain a
bulkhead, two (2) returns and a dock at 2249 Widgeon Lane (DISTRICT 7
- PRINCESS ANNE)
October 7, 2008
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AGE N DA REV IE W S E S S ION
ITEM # 58087 (Continued)
8. Ordinance to ACCEPT and APPROPRIATE $25,800 from the Department of
Homeland Security, sub-granted from the City of Portsmouth, to the Fire
Department re hazardous materials response equipment.
9. Ordinance to APPROPRIA TE $ 77, 000 from the General Fund balance to the
Kempsville Volunteer Rescue Squad re an interest free loan to purchase a
replacement ambulance.
10. Ordinance to TRANSFER funds and APPROVE two (2) full-time, City-funded
positions re Commonwealth's Attorney Office re domestic violence.
Council Lady McClanan DISCLOSED and ABSTAINED pursuant to Section 2.2-3115(G), Code of
Virginia, regarding Item K.1.. (Dolphin Run Condominium Association). The nature of her personal
interest is she has an ownership in one of the condominiums at Dolphin Run Condominiums, located at
303 Atlantic Avenue. The City Attorney has advised she is able to participate in this discussion and vote
fairly, objectively and in the public interest. However, she wishes to DISCLOSE and ABSTAIN. Council
Lady McClanan 's correspondence of May 13, 2008, is hereby made a part of the record.
Item X2. (School Bonds) will be DEFERRED, BY CONSENT, until the City Council Session of
October 14, 2008.
Councilman DeSteph ABSTAINED pursuant to Section 2.2-3115(G), Code of Virginia, regarding the
Item K.3. (ARP) as he has a potential interest in the proposed property. Councilman DeSteph's letter of
October 7, 2008, is hereby made a part of the record.
Item K.9. (Kempsville Volunteer Rescue Squad loan) will be DEFERRED, BY CONSENT, until the City
Council Session of October 14,2008.
October 7, 2008
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ITEM # 58088
Mayor Meyera E. Oberndorf f entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.1-3711 (A), Code of Virginia, as amended, for 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)(1)
Council Appointments: Boards, Commissions, Committees,
Authorities, and Agencies
PUBLICLY-HELD PROPERTY: Discussion or consideration of the,
acquisition, or of the disposition of publicly-held property, where
discussion in an open meeting would adversely affect the bargaining
position or negotiating strategy of the public body pursuant to Section
2.2-3711 (A)(3).
Acquisition/Disposition of City Property: Princess Anne District
Cape Henry Beach
Habitat for Humanity
Indian River Road and Salem Road
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 SUCH counsel pursuant to Section 2.2-3711 (A)(7).
Cox Communications Petition with FCC
The Buddhist Education Center of America, Inc. versus the City of Virginia Beach
Team Effort, Inc., t/a Hammerheads City of Virginia Beach, et al
Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council voted to proceed
into CLOSED SESSION at 3:55 P.M.
October 7, 2008
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ITEM # 58088 (Continued)
Voting: 10-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
(Break: 3: 58 P.M. - 4:05 P.M.)
(Closed Session: 4:05 P.M. - 5:30 P.M.)
(Dinner: 5:40 P.M. - 6:00 P.M.)
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FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
October 7, 2008
6:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, October 7, 2008, at 6:00 P.M
Council Members Present:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
INVOCATION: Thomas McFeely
Deacon, Church of the Ascension
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank.
Three (3) years ago, Fulton Financial Corporation ("Fulton Financial") purchased Resource Bank. On
March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a
Board Member, he owns stock in Fulton Financial, and that stock ownership causes him to have a
"personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of
transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton
Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal
knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local
Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting
of City Council for the purpose of identifying any matters in which he might have an actual or potential
conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the
appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones
regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the
record.
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of
Goodman and Company and is directly and indirectly involved in many of Goodman and Company's
transactions. However, due to the size of Goodman and Company and the volume of transactions it
handles in any given year, Goodman and Company has an interest in numerous matters in which her
husband is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of identifying any matters in which she might have an actual or potential conflict. If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record.
October 7, 2008
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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.
October 7, 2008
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Item V-E.
CERTIFICATION OF CLOSED SESSION
ITEM # 58089
Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered
by Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor
Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf
John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L.
Wood
Council Members Voting Nay:
None
Council Members Abstaining:
William R. "Bill" DeSteph
Council Members Absent
None:
Councilman DeStephABSTAINED pursuant to Section 2.2-3115(0), Code of Virginia, regarding the
portion of the Closed Session re acquisition/disposition of City property in the Princess Anne District.
Councilman DeSteph has a potential personal interest in the property. Councilman DeSteph's letter of
October 7, 2008, is hereby made a part of the record.
October 7, 2008
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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 #58088, Page 23, 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.
NO"ff, 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.
lth Hodges Fraser, MMC
ity Clerk
Odober 7,2008
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Item V-F.]
ITEM # 58090
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, Council APPROVED the
MINUTES of the INFORMAL and FORMAL SESSIONS of September 23,2008.
Voting: 10--0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones,
Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Abstaining:
Barbara M Henley
Council Members Absent:
None
Council Lady Henley ABSTAINED as she not in attendance during the City Council Session on
September 23. 2008, but was awaiting the birth of her new grandson, Gavin Winston. 8 pounds 1 ounce.
October 7, 2008
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Item V-G.]
ADOPT AGENDA
FOR FORMAL SESSION
BY CONSENSUS, City Council ADOPTED:
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ITEM # 58091
AGENDA FOR THE FORMAL SESSION
October 7, 2008
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Item V-G.2.
PRESENTATION
ITEM # 58092
Mayor Oberndorf RECOGNIZED the following Cub Scouts in attendance to earn their merit badges for
communications:
Cub Scout Pack #362
Sponsored by:
Community United Methodist Church
Leaders:
Michael Gardner
David Bradick
Scouts:
Alex Sasse
Jeffrey Ferguson
Noah Banks
Chase Gardner
Eric Minter
David Weisenbeck
Dalton Bradkick
Alex Shea
Michael Olson
Brayan Sowers
Mayor Oberndorf presented each Scout with a City Seal pin.
October 7, 2008
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Item V-H.A.
PRESENTATION
ITEM # 58093
OCEANA MISSION AND ACTIVITIES
Mayor Oberndorf introduced Councilman Uhrin, who with Vice Mayor Louis R. Jones are City Council's
Liaisons to the Military Economic Development Advisory Board (MEDAC). This Committee was
enacted on March 4, 2008. The Committee is to work cooperatively with the Department of Economic
Development to:
Support and strengthen City-Navy relations with the Commanding Officers and tenant
commands at Naval Amphibious Base Little Creek and Naval Air Station Ocean a,
including Fleet Combat Training Center Dam Neck
Identify economic development opportunities for the City with the various Navy
commands that engage defense contractors in support of their mission, including working
with the Navy to assist private contractors in locating to and conducting business in
Virginia Beach
As coordinated by the Department of Economic Development with input from other
regional worliforce activities and with the support of the Navy, seek to identify those
service members who are separating from the Navy and who may be candidates for
employment with businesses in Virginia Beach or other areas within Hampton Roads
Through regular Liaison and communications, provide information to the Department of
Economic Development and the City Manager's Office concerning military issues that
may be addressed by the City to assist the various commands to carry out their respective
missions
Admiral Richard Dunleavy, newly elected Chair, introduced the MEDAC members.
Admiral Ed Clexton
Adalberton M Diaz
Admiral Joseph S. Donnell
Rear Admiral William J. Ecker
Admiral Mark Gemmill
Joseph Gianscoli
Luke Hillier
Jerrold L. Miller, Ex-Officio Member
Admiral Phillip R. Olson
Lt. Colonel John A. Panneton
Paul T. Pierce, SPHR, PMP
Robert Rieve
Daniel R. Walters
Dr. Roger N. Whiteway
Mayor Oberndorf introduced Captain Mark R. Hunter, Commanding Officer, Naval Air Station
Oceana. Captain Hunter reported to Naval Air Station Oceana in August 2005, assumed duties as
Executive Officer on October 7 and took command of NAS Oceana on 2 August 2007. Captain Hunter
has accumulated over 4,300 flight hours and 1,050 carrier arrested landings. He has flown 90 combat
missions in support of Operations Desert Strom, Southern Watch and Enduring Freedom.
October 7, 2008
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Item V-H.A.
PRESENTATION
ITEM # 58093 (Continued)
OCEANA MISSION AND ACTIVITIES
Captain Mark Hunter, Commanding Officer - Oceana Naval Air Station, presented an overview of Navy
Region Mid-Atlantic Fleet Concentration Area Installations.
Navy Region Mid-Atlantic is one of the thirteen (13) regional commands reporting to Commander, Navy
Installations, seven (7) inside the United States and six (6) outside the United States. Navy Region Mid-
Atlantic includes 14 states, from North Carolina to Maine. Hampton Roads and the Peninsula are known
as the Fleet Concentration area within Navy Region Mid-Atlantic.
Commander Hunter referenced the history in Hampton Roads:
Gosport Shipyard founded:
November 1, 1767
Battle of Hampton Roads
March 8-9,1862
First flight from aboard ship
November 14,1910
Great White Fleet departs:
December 16,1907
Navy Region Mid-Atlantic Fleet Concentration Area Installations consist of Naval Weapons Stations
Yorktown, Norfolk Naval Shipyard, Naval Support Activity Norfolk, Naval Station Norfolk, Naval
Amphibious Base Little Creek, Naval Air Station Oceana
Naval Weapons Station Yorktown
Mission
As a receipt, storage, segregation and issue (RSSI) ordnancefacility, support Atlantic Fleet's
conventional ammunition requirements.
Support expeditionary logistics, ordnance maintenance and R&D, expeditionary warfare
training and industrial and inert ordnance storage.
Major Tenants
Navy Munitions Command Headquarters
NMC CED / NMC CED Det. Yorktown
Naval Ophthalmic Support & Training Activity
· Navy Submarine Torpedo Facility
Riverine Squadron THREE
· 2nd Fleet Anti-Terrorism Security Team
· Navy Cargo Handling Battalion One
Navy Expeditionary Logistics Support Group
· Navy Expeditionary Medical Support Command
· USNS Zeus
15,000 acres; 90% encumbered by Explosive Safety Quantity Distance Arcs
257 magazines
9,267 tons of inventory valued at $1,456M
October 7, 2008
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- 33 -
Item V-H.A.
PRESENTATION
ITEM # 58093 (Continued)
OCEANA MISSION AND ACTIVITIES
Norfolk Naval Shipyard
Mission
Provide logistic support for assigned ships and service craft
Perform construction, conversion, overhaul, repair, alteration, dry docking, and outfitting of
ships and craft
. Perform manufacturing, research, development and test work
Operatin!! Profile
. 1.2-MILLION Man Days Per Yea
· Annual Business $1 Billion +
· 7500 Civilians and 1000 Military
Plant replacement value = $1.8 Billion!
Facilities
· 585 acres
5 dry docks
5 major piers/wharves
10 miles railroad track
· 4 miles crane track
6 Million sq. ft. building space
Naval Support Activity
Norfolk
Mission
As the Installation Commander for Naval Support Activity (NSA) Norfolk
Headquarters Complex, Lafayette River Annex and Northwest Annex, provide the facilities and
infrastructure essential to support the operations of tenant commands.
US Fleet Forces
Ma.or Tenants
NSA NORTHWEST Annex
Center for Anti-Terrorism & Naval Security
Forces
USGC Communication Area Master Station
Atlantic
USCG Maritime Securi Res onse Team
Forces Surveillance Su ort Center
NATO Communications & S stems A enc
Nav Satellite Communications Facili
Space & Naval Warfare Systems Command
Detachment
US Joint Forces Command
US Marine Cor s Forces Command
Commander, Naval Submarine Forces Atlantic
Commander, Naval Sur ace Forces Atlantic
Joint Forces Staff College
Naval Facilities En ineerin Command
NSA Norfolk Headquarters Complex
. 304 acres, including Lafayette River Annex and South depot Area
6000 + military and civilian personnel
· 40 + Flag and General Officers
NSA Northwest Annex
3,726 acres, including 741 in agricultural out lease
Located in Virginia (75%) and North Carolina (25%), entirely within the Great Dismal Swamp
· 1,700 + military and civilian personnel
· 6000 students per year
October 7, 2008
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Item V-H.A.
PRESENTATION
ITEM # 58093 (Continued)
OCEAN A MISSION AND ACTIVITIES
Naval Station Norfolk
Mission
Support the operational readiness of the US Atlantic Fleet by providing the facilities and
services necessary for mission accomplishment
Provide safety, security and ever-improving qualities of service and life for service members
and their families
Infrastructure
· 4,400 + acres
· Plant replacement value of$4.8B
· 600 significant facilities
· 13 Primary Piers
· Airfield with 8,000 ft runway
21 miles of waterfront
Mission Support
· Largest supported population of any naval facility
63 Ships
· 15 squadrons with 118 aircraft plus AMC airlift
350 + tenant commands
· 54,000 military assigned to ships and shore
11,000 + civilian employees
Naval Amphibious Base Little Creek
Mission
. Maximize military readiness by providing the best installation customer service possible
· 132 tenant commands
2,496 acres, including 4 miles of beachfront
18 Navy and auxiliary ships
69 small craft
865 housing units
· 14,413 military and civilian personnel
· Annual payroll = approximately $821-MILLION
· Navy Enterprise Headquarters
- Naval Network Warfare Command (3 Star & three 1 Star)
- Naval Expeditionary Combat Command (2 & 1 Star)
Population numbers
- Pre 9-11: 9,930
- Jan 2007: 12,336
- Jan 2008: 14,413
- Joint Base (01 Oct 09): 16,000
- 2012 Projected Joint Base: 17,500
Anticipated growth areas
- Joint Expeditionary Base Little Creek-Fort Story
- EOD Group 2 Reorganization
- Anticipated homeport for the East Coast littoral combat ship fleet
October 7, 2008
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Item V-B.A.
PRESENTATION
ITEM # 58093 (Continued)
OCEANA MISSION AND ACTIVITIES
Naval Air Station
Ocean a
Mission
· Support Atlantic and Pacific Fleet Strike/Fighter Aircraft
· Support Joint and Inter-Agency Flight Operations
· Support tenant command training activities
Provide highest quality services to service personnel and their families
Facilities
· NAS Ocean a: 5,846 acres; 741 agricultural out lease
· NALF Fentress: 2,559 acres; 893 agricultural out lease
· Dam Neck Annex: 1,300 acres; 3.2 miles of coastline
Mission Support
· NAS Oceana: 38 tenant and storefront commands
· Dam Neck Annex: 28 tenant and storefront commands
Personnel
· 16,332 military and civilian personnel
".,..., II ti, I.' ~-.....
Navy Region Mid-Atlantic
Economic Impact
Military Personnel
· FY06: 83,906 .
· FY07: 80,389
Civilian personnel.
· FY06: 27,938 ,
· FY07: 31,046
Procurement .
· FY06: $5.336 Billion
· FY07: $6.056 Billion
Pavroll .
· FY06: $7.263 Billion
· FY07: $7.867 Billion
Total Economic Impact to Hampton Roads:
$13.923 Billion
Mayor Oberndorf expressed appreciation to the Military, as they are part of the "Virginia Beachfamily ".
October 7, 2008
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- 36 -
Item V-H.B.
PRESENTATION
ITEM # 58094
PRINCESS ANNE ATHLETIC DEVELOPMENT
The City Manager introduced Cindy Curtis, Director of Parks and Recreation, and advised Cindy was in
Richmond, last evening attending the Virginia Recreation and Park Society annual meeting and received
the very distinct recognition of being named a ''fellow'' of this organization. This is the highest award for
professionalism. This recognition is very well deserved.
Cindy Curtis, Director of Parks and Recreation, expressed appreciation for the kind recognition. Ms.
Curtis wished to share some exciting news regarding the potential Princess Anne Development proposal.
This proposal is oriented toward the further development of the Athletic Village. Ms. Curtis displayed an
aerial view of the Virginia Beach Sportsplex depicting the location of the Princess Anne Athletic
Development, LLC (P AAD). This is an important portion of the "Lake Ridge" tract, which is now
commonly referred to as Princess Anne Commons. In 2006, City Cuncil directed Parks and Recreation to
have a consultant evaluate the efficacy of the private sector developing additional facilities in this
Corridor. The result of their work strongly suggested the Princess Anne Commons area could support a
minimum 150,000 square foot Field House facility. The City's recently completed Outdoors Plan has also
stipulated there is a need for an additional twenty-four (24) rectangular fields. These could be used for
Soccer, Field Hockey, Lacrosse. As part of that study, the current reality was examined.
Current Reality
",'
i
SPORTSPLEX
29
Year 0 eel: 2004
FY
Revenues.
Expenses" .
Net
!
,
l .
Event;!
Relative the Sportsplex, the Mariners terminated their agreement as the primary tenant in March/April
2007 This does not include Cross Country and Bike Criterion events. The United States Field Hockey
Association terminated Olympic training Exclusivity Agreement in October 2007. Expenses were
extrapolated from Athletics Bureau Budget. Between the Sportsplex and the Field Hockey Training
Center, the City is operating at an average loss of approximately $447,000 a year.
October 7, 2008
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Item V-H.B.
PRESENTATION
ITEM # 58094 (Continued)
PRINCESS ANNE ATHLETIC DEVELOPMENT
September 9, 2008
TIMELINE
City Council Briefed on study. City Council approves Request for
Interest (RFI) process to ascertain private sector and ability to
construct a Field House facility, manage both the Sportsplex and
National Trainin Center and develo other amenities
The Re uest or Interest (RFI) was advertised.
Staff reviewed the respondents and recommended moving forward in
ne otiations with two (2) rou s, which were uali led.
City Council briefed on the RFI responses. City Council concurred to
move orward with ne otiations.
Finances reviewed of both firms and seemed to be capable of handling
a ro 'ect 0 this size.
City Council briefed relative an opportunity with the Redskins. Some of
the development potential was tabled at this time as this might interfere
with a potential deal with the Redskins. Unfortunately this did not move
orward ex editiously. The Request or Interest was revised.
City Council briefed on interviews. It was determined the best group to
move forward with was the Princess Anne Athletic Development, LLe.
(P AAD) rou. Ci Council a roves ne otiations
City Council briefed on the term sheet. City Council requested
additional in ormation.
City Council again briefed with additional information relative the term
sheet.
September 4, 2007
October 4, 2007
November 26, 2007
December 11, 2007
December 21,2007
February 12, 2008
April 21, 2008
September 23, 2008
Site Concept
PHlNCESS ANNE ",,'1 HLETIC
DEVELOPMENT.Lt.c
GENERALIZED PLAN Of' DEVELOPMENT
'#!RG~l\lI!A Sil:b~CH
SlPOIFrrSPlE;{
October 7, 2008
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- 38 -
Item V-H.B.
PRESENTATION
ITEM # 58094 (Continued)
PRINCESS ANNE ATHLETIC DEVELOPMENT
Proposed Private Investment Budget
Field House
Sportsplex Commons (Retail Complex)
Sportsplex Improvements
United States Field Hockey Improvements
Infrastructure Improvements
TOTAL
$12,850,000
$ 6,475,000
$ 1,060,000
$ 135,000
$ 3,500,000
$24,020,000
The Proposal
Private Sector Investment
~ Construction of
· 166,000 ft2 indoor sports field house facility
· 50,000 ft2 sports retail center - Sportsplex Commons
~ Upgrade of
· Sportsplex (artificial turf and concession upgrades)
· USFHAfacility (spectator seating, video towers, etc.)
~ Infrastructure improvements
· Access road
· Storm water ponds
· Parking lot paving for all facilities
$12,850,000
$ 6,475,000
$ 1,060,000
$ 135,000
$ 3,500,000
$24,020,000
Additional Proposal Details
~ Two-year option to build six (6) lighted artificial turffields
~ Option to enclose Sportsplex field during winter months
~ Cost of future capital improvements/ replacements to be City responsibility for Sportsplex and
United States Field Hockey
~ Field House and artificial turffields can be built without retail center
~ Management of Sportsplex and United States Field Hockey facilities depends on retail center
Business Structure
Master Developer with PAAD, LLC
~ Development Agreement for construction of infrastructure
· Timeframe for completion
· Construction standards
· Investment criteria defined
· Pond
· Parking
· Access Road
October 7, 2008
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Item V-H.B.
PRESENTATION
ITEM # 58094 (Continued)
Business Structure
(Continued)
Virginia Beach Field House, LLC
(Principals - John Wack, Tom Wack, & Cathy Wack, et al.)
~ Ground Lease for Field House
· Construction of Field House with timeframe of completion (Nov 2009), construction
standards and investment criteria
· Performance parameters and thresholds
· City profit sharing defined
· 13.9 acres
· Option on 23.6 acres for six (6) additional fields
Sportsplex Commons, LLC
(Principals - Paul Van & Chuck Thorton, et al.)
~ Ground Lease for Retail Center
· Construction of Retail Center with timeframe of completion, construction standards and
investment criteria
· Performance parameters and thresholds
· City profit sharing defined
Hometown Sports Management, LLC
(Principals - Paul Van & Chuck Thorton, et al.)
~ Management Agreements for Sportsplex & USFH
· Performance parameters and thresholds
· Types of usage allowed
· Still needs further negotiation
· City profit-sharing defined
Patricia Phillips, Director of Finance, advised the Summary of Terms and Cash Flows expected to the
City.
Summary of Terms
L
Term of Agreements
IL
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IV.
v.
Revenue Sharing Received by City
October 7, 2008
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Item V-H.B.
PRESENTATION
ITEM # 58094 (Continued)
PRINCESS ANNE ATHLETIC DEVELOPMENT
Summary of Cash Flows to City
First 20 Years
The components of the net cash flow are asfollows:
Real Estate Taxes Paid to the City
Incentive Grant Paid to PAAD (10 years)
Revenue Sharing paid to the City
Cost Savings Sportsplex & USFH Operations
$ 7.5-MILLION
- 3.2-MILLION
3.0-MILLION
12.0-MILLION
Total Cash Flows to the City
$19.3-MILLION
TOTAL
$47.4-MILLION
$66.7-MILLION
Other Fiscal Impacts
TIMELINE - NEXT STEPS
October 7, 2008 First Public Presentation
October 8, 2008 Conditional Rezoning (from AG to B2) and Conditional Use Permit to
Planninf{ Commission.
October 30, 2008 Oven House at the Advanced Technolof!Y Center
November 25, 2008 Conditional Rezonin~ and Conditional Use Permit to City Council
November 30, 2008 Comvlete ne~otiations with P AAD, LLC
December 2, 2008 Final Lease/Manaf{ement Terms to City Council for consideration
February, 2009 Construction bef{ins
November, 2009 F acilitv Oven
Benefits of the Project
~ Community Recreation amenity that would not happen otherwise
~ Opportunity to improve and expand use of existing Sportsplex and USFHfacility
~ Infrastructure to support future economic development
~ Fulfills master plan goals of Princess Anne Commons and provides needed athletic retail services
~ Attract large regional sporting events
~ Avoids operating expenses of Sportsplex
~ Positive financial impact for the City
Council Lady Henley expressed concern as this was the first public presentation and the Planning
Commission would be considering this application tomorrow (October 8, 2008). Last night, Council Lady
Henley was at Landstown Lakes and Meadows and advised this Plan would be coming forward,' she was
not able to provide all the information without compromising what had been expressed in Closed Session.
One of the proffers entails a traffic impact study submitted to the Grantee on or before submittal of the
initial engineered site plan for review. Council Lady Henley is concerned that City Council might not
receive this traffic impact study before consideration. Dam Neck Road is a continuing concern of the
residents and the impacts of the development. The City needs to make certain, with all developments
occurring, that there is a cumulative impact. Council Lady Henley is concerned re the retail component
and there be a level playingfieldfor other retail in the area.
October 7, 2008
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Item V-H.B.
PRESENTATION
ITEM # 58094 (Continued)
PRINCESS ANNE ATHLETIC DEVELOPMENT
Mrs. Phillips advised the nominal lease rent would be approximately $10 a year.
Ms. Curtis advised there are only three (3) full time employees associated with both of these facilities and
they are significantly supported by the Special Events group. As part of Parks and Recreation's Strategic
Plan and Reorganization, positions have been left open for these employee to transition elsewhere in the
organization. Therefore, there will be a net savings of three (3) full time positions. The Bike Criterion will
be displaced because of the improvements. Ms. Curtis hopes to reorganize the Administrative Staff and
move across the Street within the Princess Anne Athletic Complex. Council Lady Henley requested
information concerning costs to build this Criterion and how much it will cost to replace.
Councilman Villanueva requested John Wack and Chuck Thornton, PAAD, LLe., meet with the residents
of Landstown Lakes and Landstown Meadows, as well as City staff to present the plan prior to the Open
House. This would assist in easing their concerns. Chuck advised his office is right across from
Tidewater Community College and would be pleased to present this plan. Their Indoor Sports Facility
has been in operation for four (4) years and has been successful since its opening. The construction and
development business of John's brother and sister in the Fredericksburg area has been successful for the
last fifteen (J 5) years. Chuck Thornton advised they have been here operating locally in this area for
over ten (10) years. His business partners entail retired military and a developer. A team of five (5) local
citizens in the sports community will assist in operating both these facilities.
Councilman Wood referenced many e-mails in support. John Wack advised the Indoor Sports Facility is
planned to be 166,000 square feet. This is twice the size of the Fredericksburg facility, but serving a
population that is four (4) times the size of Fredericksburg.
Chuck Thornton advised the artificial turf does meet NFL specifications.
John Wack advised, in Fredericksburg, free field space is provided to the Special Olympics and they
have partnered with the Parks and Recreation Department to offer Ripkin Quick Balls through the Carl
Ripkins, Sr. Foundation. This offers local youth the opportunity to participate in the program, which they
could otherwise not afford However, the product on the hold is very affordable. In Fredericksburg, the
cost is between $8.00 and $10.00 for an hour's worth of enjoyment
Information will be provided re the number of employees and salary ranges. Any child below the age of
16 needs to be accompanied by an adult. Free field space for fund raisers is provided to the Boys and
Girls Clubs.
October 7, 2008
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Item V- Li.
PUBLIC HEARING
ITEM # 58095
Mayor Oberndorf DECLARED A PUBLIC HEARING:
Lease of City-owned property at 3rd Street and Atlantic A venue
There being no speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING
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October 7, 2008
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Item V- L2.
PUBLIC HEARING
ITEM # 58096
Mayor Oberndorf DECLARED A PUBLIC HEARING:
INSTALLMENT PURCHASE AGREEMENT
Acquisition of Agricultural Land Preservation (ARP) Easement
-3416 Head River Road
There being no speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING
II I
October 7, 2008
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Item V- L3.
PUBLIC HEARING
ITEM # 58097
Mayor Oberndorf DECLARED A PUBLIC HEARING:
DEPARTMENT OF JUSTICE-BYRNE MEMORIAL ASSISTANCE GRANT
Allocation re law enforcement/criminal processing projects
There being no speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING
October 7, 2008
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Item V-K.
ORDINANCES/RESOLUTIONS
ITEM # 58098
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED in
ONE MOTION Items 1, 2 (DEFERRED), 3, 4, 5, 6a/b, 7a/b, 8, 9 (DEFERRED) and 10 of the
CONSENT AGENDA.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley,
Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson
and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
Councilman Diezel had to leave to attend an important meeting.
Council Lady McClanan DISCLOSED and ABSTAINED pursuant to Section 2.2-3115(G), Code of
Virginia, regarding the Item K.1.. (Dolphin Run Condominium Association). The nature of her personal
interest is she has an ownership in one of the condominiums at Dolphin Run Condominiums, located at
303 Atlantic Avenue. The City Attorney has advised she is able to participate in this discussion and vote
fairly, objectively and in the public interest. However, she wishes to DISCLOSE and ABSTAIN. Council
Lady McClanan 's correspondence of May 13, 2008, is hereby made a part of the record.
Councilman DeSteph ABSTAINED pursuant to Section 2.2-3115(G), Code of Virginia, regarding the
Item K. 3. (ARP) as he has a potential interest in the proposed property. Councilman DeSteph 's letter of
October 7, 2008, is hereby made a part of the record.
October 7, 2008
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Item V-Kl.
ORDINANCES/RESOLUTIONS
ITEM # 58099
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to A UTHORIZE the City Manager to execute a Short Term
Lease with Dolphin Run Condominium Association, Inc.. re City-
owned property at 3rd Street and Atlantic Avenue
Voting:
9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley,
Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf John E.
Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Abstaining:
Reba S. McClanan
Council Members Absent:
Harry E. Diezel
Council Lady McClanan DISCLOSED and ABSTAINED pursuant to Section 2.2-3115(G), Code of
Virginia, regarding the Item K.1.. (Dolphin Run Condominium Association). The nature of her personal
interest is she has an ownership in one of the condominiums at Dolphin Run Condominiums. located at
303 Atlantic Avenue. The City Attorney has advised she is able to participate in this discussion and vote
fairly, objectively and in the public interest. However, she wishes to DISCLOSE and ABSTAIN. Council
Lady McClanan's correspondence of May 13, 2008, is hereby made a part of the record
October 7, 2008
I I Ii' I I
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO EXEUTE A SHORT TERM LEASE (8
3 MONTHS) WITH THE DOLPHIN RUN
4 CONDOMINIUM ASSOCIATION, INC., A VIRGINIA
5 NON-STOCK CORPORATION FOR A 0.09 ACRE
6 OF CITY-OWNED LAND LOCATED AT 3rd STREET
7 AND ATLANTIC AVENUE
8
9
10 WHEREAS, the City of Virginia Beach (the "City") is the owner of that
11 certain 0.09 acre of land located at 3rd Street and Atlantic Avenue, Virginia
12 Beach, Virginia (the "Premises");
13
14 WHEREAS, the Dolphin Run Condominium Association, Inc., a Virginia
15 non-stock corporation, has agreed to pay the City $5,760 for the use of the
16 Premises for an eight-month period;
17
18 WHEREAS, the Dolphin Run Condominium Association, Inc. would like to
19 enter into a formal lease arrangement with the City for use of the Premises;
20
21 WHEREAS, the Premises will be utilized as an overflow parking lot for the
22 registered guests of the Dolphin Run, and for no other purpose;
23
24 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
25 CITY OF VIRGINIA BEACH, VIRGINIA:
26
27 That the City Manager is hereby authorized to execute a lease between
28 the Dolphin Run Condominium Association, Inc., a Virginia non-stock
29 corporation, and the City, for the 0.09 acre of land located at 3rd Street and
30 Atlantic Avenue in accordance with the Summary of Terms attached hereto as
31 Exhibit A and such other terms, conditions or modifications as may be acceptable
32 to the City Manager and in a form deemed satisfactory by the City Attorney.
33
34 Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of
35 October, 2008
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CA- 1 0757
R-1
09/16/08
V:/applications/citylawprod/cycom32/WpdocS/D019/P004/00067666.doc
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
APPROVED AS TO CONTENT
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'. . ~.1 ]l\9t '~CuJ.(\~,\),{
Signature
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Department /
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EXHIBIT A
SUMMARY OF TERMS
LEASE FOR THE USE OF .09 ACRE OF
CITY REAL PROPERTY
LESSOR: City of Virginia Beach
LESSEE: Dolphin Run Condominium Association, Inc.
PREMISES: Approximately .09 acre of City property located at the corner of 3rd Street
and Atlantic Avenue, known as GPIN: 2427-32-0138
TERM: September 15, 2008 through May 14,2009
RENT: Rent shall be $5,760, payable either in a lump sum or in equal monthly
installments of $720
RIGHTS AND RESPONSIBILITIES OF
DOLPHIN RUN CONDOMINIUM ASSOCIATION, INC.:
. Will use the Premises for overflow parking for its guests and for no other purpose.
. Will keep, repair, and maintain the Premises at its expense and will do so in a
workmanlike manner.
. Will maintain commercial general liability insurance coverage with policy limits of
not less than one million dollars ($1,000,000) combined single limits per occurrence,
issued by an insurance company licensed to conduct the business of insurance in
Virginia. Such insurance shall name the City of Virginia Beach as an additional
insured. Lessee shall provide a certificate evidencing the existence of such insurance.
. Will maintain Automobile Liability Insurance including coverage for non-owned
and hired vehicles in an amount not less than five hundred thousand dollars
($500,000) combined single limits per occurrence, issued by an insurance company
licensed to conduct the business of insurance in Virginia. Licensee shall provide a
certificate evidencing the existence of such insurance.
. Will assume the entire responsibility and liability for any and all damages to
persons or property caused by any act or omission of the Lessee or its agents, etc.
associated with the use of the Premises.
. Will comply with all applicable laws, ordinances, and regulations in the
performance of its obligations under the Lease.
RIGHTS AND RESPONSffiILITIES OF
THE CITY:
. Will have access to the Premises at any time, without prior notice, in the event of an
emergency or public necessity.
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. Will have the right to require Dolphin Run Condominium Association, Inc. to
surrender possession and control of the Premises to the City upon forty-eight (48)
hours notice in the discharge of its powers, purposes, or responsibilities.
. Will have the right to grant easements and rights of way across the Premises for
streets, alleys, public highways, drainage, and other similar purposes.
TERMINATION: The City may terminate the Lease upon providing thirty (30) days
written notice to Dolphin Run Condominium Association, Inc.
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THIS LEASE AGREEMENT ("Lease"), made this day of
, 2008, by and between the CITY OF VIRGINIA BEACH
(GRANTOR/LESSOR), a municipal corporation of the Commonwealth of Virginia,
hereinafter referred to as "CITY" or "LESSOR," and Dolphin Run Condominium
Association, Inc., a Virginia non-stock corporation (GRANTEE/LESSEE),
hereinafter referred to as "Lessee."
WITNESSETH
1. LEASED PREMISES. That for and in consideration of the rents,
covenants and agreements hereinafter reserved and contained on the part of the
Lessee to be observed and performed, LESSOR leases to Lessee and Lessee
rents from LESSOR the following property, hereinafter referred to as the "Property",
delineated as shaded area upon the attached map labeled "Exhibit A" entitled
"EXHIBIT "A" TO BE LEASED TO THE DOLPHIN RUN CONDOMINIUM
ASSOCIATION BY THE CITY OF VIRGINIA BEACH", reference being made to said
Exhibit for a more accurate description thereof.
2. RENT. That for and in consideration of the sum of $5,760.00, payable
either in a lump sum or in equal monthly payments of $720.00 no later than the 5th
of each month, over the term of this Lease (the "Rent"), LESSOR does hereby lease
and demise unto Lessee the Property.
3. TERM. The term of this Lease shall be for eight months commencing
September 15, 2008 and expiring May 14, 2009.
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4. USE OF PROPERTY -PURPOSES. Lessee covenants that the
Property shall be used solely for overflow parking for guests staying at the Dolphin
Run Condominiums. This Lease may be terminated on thirty (30) days notice by
LESSOR to Lessee. Lessee shall use the Property only for the purposes listed
herein and any other use thereof, unless necessarily incidental to such listed and
allowed uses, shall constitute a breach of this Lease and cause its immediate
termination. The Property is leased by LESSOR to Lessee "as is," and the sole
responsibility for the maintenance and upkeep of the Property shall be with Lessee.
5. ASSIGNMENT AND SUBLEASE. This Lease may not be assigned
or transferred, and the Property shall not be sublet, either in whole or in part, by
Lessee without LESSOR's prior written consent.
6. TERMINATION AND RIGHT OF ENTRY BY LESSOR.
A. In the event that Lessee shall for any reason be in default of the
terms of this Lease, the LESSOR may give Lessee written notice of such default by
certified mail/return receipt requested at the address set forth in Paragraph 14 of
this Lease. Unless otherwise provided, Lessee shall have ten (10) days from the
date such notice is mailed in wh ich to cure the default.
Upon the occurrence of a default, in addition to all other rights and
remedies as provided by law, the LESSOR shall have the right to: (a) terminate this
Lease, whereupon Lessee sha II quit and surrender the Property to the LESSOR
and Lessee shall remain liable for all Rent that may be due up to the time this Lease
terminates or the LESSOR ta kes possession of the Property; (b) reenter and
repossess the Property and lock out the Lessee; and (c) cure the breach or default
at Lessee's expense. Lessee shall remain liable for all costs, fees and expenses
incurred by the LESSOR in curing the default and the same shall be additional Rent
payable to LESSOR on demand.
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B. LESSOR reserves the right at any time, without prior written
notice to enter upon the Property after it has been determined that an emergency or
a public necessity exists.
C. The parties acknowledge that LESSOR has certain powers,
purposes and responsibilities. To discharge its powers, purposes or
responsibilities, LESSOR shall have the right to require Lessee to immediately
dismantle and remove any and all improvements from the Property, within forty-
eight hours after notice is given to Lessee. Thereafter, LESSOR shall have the
exclusive right to enter upon and use the Property, and Lessee shall surrender
possession and control thereof to LESSOR.
D. Further, LESSOR reserves the right to terminate this Lease by
giving written notice to Lessee at least thirty (30) days prior to the date of
termination. All Rent paid in advance shall be prorated and/or refunded as
applicable.
7. Lessee will keep a II equipment and improvements, if any, placed upon
the Property by Lessee, in a safe, clean, and orderly condition; be responsible for all
activities on the Property that fall under its control; and will act immediately in
response to any notices by LESSOR with reference to the forgoing.
It is further understood and agreed as part of the consideration hereof,
that Lessee shall be responsible for the maintenance and/or repair of the Property
arising out of Lessee's use of the Property. Should any maintenance and/or repair
work be deemed necessary, the n the decision of LESSOR as to the scope of the
required work and the amount of such liability shall control and be binding on
Lessee.
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8. LESSOR'S RIGHT TO GRANT EASEMENTS. LESSOR reserves
the right to grant easements and rights of way across or upon the Property, for
streets, alleys, public highways, drainage, utilities, telephone and telegraph
transmissions lines, pipelines, irrigation canals, and similar purposes.
9. INDEMNIFICA TION/INSURANCE BY LESSEE. Lessee shall
indemnify and save harmless LESSOR and all its officials, agents and employees
from and against all losses and expenses incurred because of claims, demands,
payments, suits, actions, recoveries, and judgments of every nature and description
brought or recovered against them by reason of any injuries to property or person,
including death, occurring on the Property, arising out of or in connection with
Lessee's use of the Property. During the term of this Lease, Lessee shall obtain
and keep in force the following policies of insurance:
A) Worker's Compensation Insurance as required under Title 65.2 of
the Code of Virginia.
B) Commercial General Liability Insurance in an amount not less than
one million dollars ($1,000,000) combined single limits (CSL). Such insurance shall
name LESSOR as an additional insured.
C) Automobile Liability Insurance including coverage for non-owned
and hired vehicles in an amount not less than five hundred thousand dollars
($500,000) combined single limits (CSL).
All policies of insurance required herein shall be written by insurance
companies licensed to conduct the business of insurance in the Commonwealth of
Virginia and, acceptable to LESSOR, and shall carry the provision that the
insurance will not be canceled or materially modified without thirty days (30) prior
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written notice to LESSOR. Lessee shall provide a certificate evidencing the
existence of such insurance.
10. APPLICABLE LAW. This Lease shall be deemed to be a Virginia
Lease and shall be governed as to all matters whether of validity, interpretations,
obligations, performance or otherwise exclusively by the laws of the Commonwealth
of Virginia, and all questions arising with respect thereto shall be determined in
accordance with such laws. Regardless of where actually delivered and accepted,
this Lease shall be deemed to have been delivered and accepted by the parties in
the Commonwealth of Virginia.
11. COMPLIANCE WITH ALL LAWS. Lessee shall comply with all laws,
rules and regulations of LESSOR and all other governmental authorities respecting
the use, operation and activities on the Property, including all applicable
environmental laws, and shall not make or be a party to any unlawful, improper or
offensive use of such premises or nuisance thereon.
City hereby represents to the Lessee, that to the best of the City's
knowledge, without the requirement for independent investigation, no hazardous
material such as petroleum products, asbestos and any other hazardous or toxic
substance has been used, disposed of, or is located on the leased Property or the
soil or groundwater on or under the leased Property. Any costs associated with
violations of the law including, but not limited to, remediations, clean up costs, fines,
administrative or civil penalties or charges, and third party claims imposed on the
City by any regulatory agency or by any third party as a result of the noncompliance
with federal, state or local environmental laws and regulations or nuisance statutes
by the Lessee or by its employees, contractors, consultants, subconsultants, or any
other persons, corporations or legal entities retained by it for the leased Property,
shall be paid by the Lessee.
It is expressly understood and agreed that Lessee, in no way,
represents or acts on behalf of LESSOR or any department thereof.
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12. VENUE. Any and all suits for any claims or for any and every breach
or dispute arising out of this Lease shall be maintained in the appropriate court of
competent jurisdiction in the City of Virginia Beach.
13. INVALIDITY. If any section, paragraph, subparagraph, sentence,
clause or phrase of this Lease shall be declared or judged invalid or
unconstitutional, such adjudication shall not affect the other sections, paragraphs,
sentences, clauses or phrases.
14. NOTICES. Any notice which may be or is required to be given
pursuant to the provisions of this Lease shall be delivered or sent by certified mail,
prepaid, return receipt requested, and addressed as follows:
If to Lessee, to:
DOLPHIN RUN CONDOMINIUM
ASSOCIATION, INC.
303 ATLANTIC AVENUE
VIRGINIA BEACH, VA 23451
If to LESSOR, to:
FACILITIES MANAGEMENT OFFICE
2424 COURTHOUSE, ROOM 228
MUNICIPAL COMPLEX, BUILDING 18
VIRGINIA BEACH, VA 23456
15. ENTIRE AGREEMENT. This Lease contains the entire agreement
between the parties hereto and may not be modified orally or in any manner other
than an agreement in writing, signed by all the parties hereto and their respective
successors in interest. This Lease shall inure to the benefit of and be binding upon
the respective heirs, legal representatives, successors, and permitted assigns of the
parties hereto.
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16. SURVIVAL. The representations, warranties, and agreements
of the parties contained in this Lease and in all other documents delivered in
connection with this Lease shall survive the expiration or sooner termination of this
Lease.
17. HOLDOVER. If Lessee fails to surrender the Property on the date
that the Term of this Lease expires or terminates, Lessee's continued occupancy
shall be deemed to be a tenancy-at-will (and not a tenancy from month-to-month
or from year-to-year) cancelable by LESSOR upon 48 hours prior oral or written
notice, and such tenancy shall be subject to all of the provisions of this Lease,
except that Rent during the holdover tenancy shall be equal to twice the Rent in
effect immediately prior to the end of the Term.
IN WITNESS WHEREOF, the parties hereto have each caused this Lease to
be executed by their proper representatives as of the day and year first above
written, pursuant to due authority.
[Remainder of page intentionally left blank, signatures on following page]
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CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
Ruth Hodges Fraser
City Clerk
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, on its behalf. He/She is personally
known to me.
Notary Public
My commission expires:
Lessee:
DOLPHIN RUN CONDOMINIUM
ASSOC N, INC., a Virginia non-stock
corpora io
By:
Name':
Title:'
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
~i' 1 ~. The foregoing ins ume~t was acknowledged before me this \'2:H"day
of ~~~\~i'2008, by \J~(\ ~~~ , Lessee,
on its behaW. He/She is personally known to me. -" eJ}
Notary 'ubll.c TINA M. CARROLL
NOTARY 10 # 192513
NOTARY PUBLIC
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES DECEMBER 31,2011
My commission expires:
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APPROVED AS TO CONTENT:
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APPROVED AS TO
LEGAL SUFFICIENCY:
{V~-ljLdl <~(ll~k~~~
Law Department
APPROVED AS TO CONTENT:
2~ ~~-/./'</>'/
Risk Management
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EXHIBIT "A"
TO BE LEASED TO THE DOLPHIN RUN CONDIMINIUM
ASSOCIATION BY THE CITY OF VIRGINIA BEACH
0.09 Acres at 3rd Street
and Atlantic Avenue
- tnte...tate
-Primary Roada
- Streets
Parcal
. Water Bodin
H
SCALE 1 : 1,767
fi"" - """4 I I
100 0 1llO 200 300
FeET
A
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- 47 -
Item V-K.2.
ORDINANCES/RESOLUTIONS
ITEM # 58100
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED until
the City Council Session of October 14,2008:
Resolution to AUTHORIZE the issuance of General Obligation School
Bonds in the maximum amount of$7.5 Million to be sold re The Virginia
Public School Authority.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, , Robert M Dyer, Barbara M Henley,
Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf John E. Uhrin, Ron A. Villanueva Rosemary Wilson
and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
October 7, 2008
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Item V-K. 3.
ORDINANCES/RESOLUTIONS
ITEM # 58101
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to A UTHORIZE the City Manager to execute an Installment
Purchase Agreement with Barry D. Knight re an Agricultural Land
Preservation (ARP) easement on 3416 Head of River Road.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones,
Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin,
Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Abstaining:
William R. "Bill" DeSteph
Council Members Absent:
Harry E. Diezel
Councilman DeSteph ABSTAINED pursuant to Section 2.2-3115(G), Code of Virginia, regarding the
Item K. 3. (ARP) as he has a potential interest in the proposed property. Councilman DeSteph 's letter of
October 7, 2008, is hereby made a part of the record.
October 7, 2008
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City <Jf Virgir1ia Beach
VBgov.com
BILL DESTEPH
COUNCILMAN - AT-LARGE
PHONE: (757) 496-4646
CELL: (757) 339-6105
BDESTEPH@VBGOV.COM
In Reply Refer to: 0037274
October 7, 2008
Mrs. Ruth Hodges Fraser, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Abstention Pursuant to Section 2.2-3115(E), Code of Virginia
Dear Mrs. Fraser:
Pursuant to the Virginia Conflict oflnterests Act, Section 2.2-3115(E), Code of Virginia, I
make the following declaration:
1. I am executing this written disclosure regarding a portion of City Council's closed
session meeting this afternoon regarding the acquisition/disposition of City property
in the Princess Anne District.
2. I have a potential personal interest in the property that was the subject of this portion
of the closed session.
3. Accordingly, I excused myself from attending and participating in that portion of the
closed session.
4. Any action by the City Council as a result of the closed session must be by vote in
open session. Ifthis issue is presented to Council for a vote in the future, then at that
time, I will make an additional disclosure that will identifY the specific property.
2401 COURTHOUSE DRIVE, VIRGINIA BEACH, VIRGINIA 23456
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Mrs. Ruth Hodges Fraser
-2-
October 7,2008
Re: Abstention Pursuant to Section 2.2-3115(E), Code of Virginia
I respectfully request that you record this declaration in the official records of City Council.
Thank you for your assistance in this matter.
Sincerely,
~~~
Bill R. DeSteph
Councilmember
BRD/RRI
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1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN
2 AGRICULTURAL LAND PRESERVATION EASEMENT AND
3 THE ISSUANCE BY THE CITY OF ITS CONTRACT
4 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF
5 $121,744. (PROPERTY OF BARRY D. KNIGHT)
6
7 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the
8 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been
9 presented to the City Council a request for approval of an Installment Purchase Agreement
10 (the form and standard provisions of which have been previously approved by the City
11 Council, a summary of the material terms of which is hereto attached, and a true copy of
12 which is on file in the City Attorney's Office) for the acquisition of the Development Rights
13 (as defined in the Installment Purchase Agreement) on certain property located in the City
14 and more fully described in Exhibit B of the Installment Purchase Agreement for a
15 purchase price of$121,744; and
16
17 WHEREAS, the aforesaid Development Rights shall be acquired through the
18 acquisition of a perpetual agricultural land preservation easement, as defined in, and in
19 compliance with, the requirements of the Ordinance; and
20
21 WHEREAS, the City Council has reviewed the proposed terms and conditions of the
22 purchase as evidenced by the Installment Purchase Agreement;
23
24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
25 VIRGINIA BEACH, VIRGINIA:
26
27 1. The City Council hereby determines and finds that the proposed terms and
28 conditions of the purchase of the Development Rights pursuant to the Installment Purchase
29 Agreement, including the purchase price and manner of payment, are fair and reasonable
30 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee
31 is hereby authorized to approve, upon or before the execution and delivery of the
32 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal
33 balance of the purchase price set forth hereinabove as the greater of 3.4200% per annum
34 or the per annum rate which is equal to the yield on United States Treasury STRIPS
35 purchased by the City to fund such unpaid principal balance; provided, however, that such
36 rate of interest shall not exceed 5.4200% unless the approval of the City Council by
37 resolution duly adopted is first obtained.
38
39 2. The City Council hereby further determines that funding is available for the
40 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on
41 the terms and conditions set forth therein.
42
43 3. The City Council hereby expressly approves the Installment Purchase
44 Agreement and, subject to the determination of the City Attorney that there are no defects
45 in title to the property or other restrictions or encumbrances thereon which may, in the
46 opinion of the City Attorney, adversely affect the City's interests, authorizes the City
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47 Manager or his designee to execute and deliver the Installment Purchase Agreement in
48 substantially the same form and substance as approved hereby with such minor
49 modifications, insertions, completions or omissions which do not materially alter the
50 purchase price or manner of payment, as the City Manager or his designee shall approve.
51 The City Council further directs the City Clerk to affix the seal of the City to, and attest
52 same on, the Installment Purchase Agreement. The City Council expressly authorizes the
53 incurrence of the indebtedness represented by the issuance and delivery of the Installment
54 Purchase Agreement.
55
56 4. The City Council hereby elects to issue the indebtedness under the Charter
57 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes
58 the indebtedness a contractual obligation bearing the full faith and credit of the City.
59
60 Adoption requires an affirmative vote of a majority of all members of the City
61 Council.
62
63 Adopted by the Council of the City of Virginia Beach, Virginia, on this ---1tJ:t day of
64 October ,2008.
CA 10756
V:\applicationslcitylawprodlcycom32\WpdocsID023IP003100067911. DOC
R-1
DATE: September 23, 2008
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
Lvt~0~~~
City Attorney's Office
CERTIFIED AS TO AVAILABILITY OF FUNDS:
~~.cl ~Q~~
Director of Finance
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AGRICUL TURAL RESERVE PROGRAM
INSTALLMENT PURCHASE AGREEMENT NO. 2008-85
SUMMARY OF MATERIAL TERMS
SELLER: KNIGHT, Barry D.
PROPERTY LOCATION: 3416 Head of River Road, Princess Anne District
PURCHASE PRICE: $121,744
EASEMENT AREA: 21.74 acres, more or less
DEVELOPMENT POTENTIAL: 2 single-family dwelling sites (2 acquired)
DURATION: Perpetual
INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase
price, but not less than 3.4200% (actual rate to be determined when STRIPS are purchased prior
to execution oflP A). Rate may not exceed 5.4200% 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 ofIPA.
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- 49-
Item V-K 4.
ORDINANCES/RESOLUTIONS
ITEM # 58102
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Resolution to REFER to the Planning Commission an Ordinance
amending ~211 of the City Zoning Ordinance (CZO) re temporary signs.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley,
Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson
and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
October 7, 2008
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1 REQUESTED BY COUNCILMEMBER BILL DESTEPH
2 A RESOLUTION REFERRING TO THE PLANNING
3 COMMISSION AN ORDINANCE TO AMEND
4 SECTION 211 OF THE CITY ZONING ORDINANCE
5 BY ALLOWING CERTAIN TEMPORARY SIGNS IN
6 ALL ZONING DISTRICTS
7 WHEREAS, the public convenience, general welfare and good zoning practice so
8 require;
9
10 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
11 OF VIRGINIA BEACH, VIRGINIA:
12
13 That there is hereby referred to the Planning Commission, for its consideration
14 and recommendation, a proposed amendment to Section 211 of the City Zoning
15 Ordinance, allowing certain temporary signs in all zoning districts.
16
17 A copy of such proposed amendment is attached hereto.
18
19 Adopted by the Council of the City of Virginia Beach, Virginia, on the
20 7th day of October , 2008.
APPROVED AS TO LEGAL SUFFICIENCY:
I j)jJ~ j~ )Y/uJ
CityVAttorney's Office
CA 10868
R-3
September 18, 2008
I I '
1 REQUESTED BY COUNCILMEMBER BILL DESTEPH
2
3 AN ORDINANCE TO AMEND SECTION 211 OF THE
4 CITY ZONING ORDINANCE BY ALLOWING CERTAIN
5 TEMPORARY SIGNS IN ALL ZONING DISTRICTS
6
7 Section Amended: City Zoning Ordinance 9211
8
9
10 WHEREAS the public necessity, convenience, general welfare and good zoning
11 practice so requires:
12
13 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
14 VIRGINIA:
15
16 That the City Zoning Ordinance is hereby amended and reordained by the
17 amendment of Section 211, to read as follows:
18
19
20 Sec. 211. Signs permitted in all districts.
21
22 The following types of signs are exempted from all of the provisions of this
23 ordinance, except for illumination, construction, and safety regulations and the following
24 standards:
25
26 (a) Public signs. Signs of a noncommercial nature and in the interest of,
27 erected by or on the order of, a public officer in the performance of his public duty, such
28 as directional signs, regulatory signs, warning signs, and informational signs.
29
30 (b) Temporary signs.
31
32 (1) Temporary signs announcing any public, charitable, educational,
33 religious or other noncommercial event or function, located entirely
34 upon the property on which such event or function is held and set
35 back no less than seven (7) feet from the property line, and having
36 a maximum sign area of thirty-two (32) square feet. Such signs
37 shall be allowed no more than thirty (30) days prior to the event or
38 function and must be removed within seven (7) days after the event
39 or function. Such signs may be illuminated in accordance with the
40 restrictions set forth in section 213 hereof. If building-mounted,
41 such signs shall be flat wall signs and shall not project above the
42 roofline. If freestanding, the height of any such sign shall be no
43 more than twelve (12) feet above ground level.
44
45 (2) Temporary signs of a commercial nature announcing grand
46 openings or other special events or promotions, subject to the
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limitations as to size, height and location set forth in subdivision (1)
hereof. Such signs shall be displayed no more than three (3) times
per year by any business or establishment, nor for any period in
excess of seven (7) days.
(3) Temporary signs displayed upon balloons, subject to the
requirements of subdivisions (1) and (2) hereof, provided, however,
that balloons displaying such signs may, if affixed to the roof of a
building or structure, project no more than thirty (30) feet above the
roofline or, if affixed to the ground, have a height not exceeding
thirty (30) feet from ground level. Such signs shall not exceed
seventy-five (75) square feet in surface area.
(4) Temporary si!:ms aivina notice of civic leaaues' or property owners
associations' meetinas or events, provided that such sians shall be
located on property owned by the civic leaaue or property owners
association holdina the meetina or event and shall be no areater
than thirty-two (32) square feet in area. No more than one (1) such
sian shall be permitted at each entrance to the neiahborhood or
subdivision represented by the civic leaaue or property owners'
association. Such sians shall be in place for no more than fourteen
(14) days before the meetina or event of which the sian aives
notice or three (3) days after the meetina or event has been held.
Such sians may be illuminated in accordance with the restrictions
setforth in Section 213.
COMMENT
The amendments allow temporary signs giving notice of meetings or events of civic leagues
or property owners' associations (POAs). Such signs may be located only on property owned by the
civic league or POA. One (1) sign may be placed at each entrance to the neighborhood or
subdivision represented by the civic league or POA and may remain for the period from 14 days
prior to the meeting or event to 3 days after. Signs may not exceed 32 square feet in area and may
be illuminated in accordance with the restrictions applicable to other signage
of
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2008.
day
APPROVED AS TO LEGALSUFFICIENCY'
CA 10527 / R-4 / August 12, 2008
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- 50 -
Item V-K 5.
ORDINANCES/RESOLUTIONS
ITEM # 58103
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Resolution to ACKNOWLEDGE Virginia GED Week and GED Day re
a stronger alignment of quality education, worliforce development and
economic development.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley,
Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson
and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
October 7, 2008
II
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1 A RESOLUTION TO ACKNOWLEDGE VIRGINIA GED
2 WEEK AND VIRGINIA GED DAY
3
4 WHEREAS, a well educated, highly skilled workforce is essential to the economic
5 growth of the City of Virginia Beach, the Hampton Roads Region and the
6 Commonwealth of Virginia; and
7
8 WHEREAS, the GED Certificate is a nationally recognized high school
9 equivalency credential and is accepted by most colleges, universities, and employers as
10 evidence that the holder of the credential possesses knowledge and skills necessary for
11 post-secondary education and the workforce; and
12
13 WHEREAS, more than 22,000 Virginia Beach adults lack a high school diploma
14 or GED Certificate, drastically reducing their chance to earn a living wage and support
15 their families; and
16
17 WHEREAS, a stronger alignment between economic and workforce development
18 and education is essential to producing a skilled workforce that fosters a dynamic,
19 globally competitive business environment; and
20
21 WHEREAS, the Virginia Workforce Network, a collaboration of partners working
22 to unify numerous training, education, and employment programs, has identified the
23 awareness of the access to GED programs as a key strategy to prepare Virginians for
24 high-skill career tracks; and
25
26 WHEREAS, the Hampton Roads Workforce Development Board, One-Stop
27 Comprehensive Workforce Centers, the Virginia Department of Education, and the
28 Virginia Workforce Network's other program partners throughout the Commonwealth
29 have joined efforts to increase GED certification;
30
31 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
32 VIRGINIA BEACH, VIRGINIA;
33
34 That the City Council of Virginia Beach does hereby recognize October 13-19,
35 2008, as GED Week, and October 15, 2008 as GED Day in Virginia Beach, and calls
36 this observance to the attention of citizens of the Hampton Roads Region.
Adopted by the Council of the City of Virginia Beach, Virginia on the 7th_ day
of October ,2008
/ita~
City Manager's Office
APPROVED AS TO CONTENT:
CA 10882 I R-2 I October 1, 2008
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Item V-K 6.
ORDINANCES/RESOLUTIONS
ITEM # 58104
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Resolutions to APPOINT:
a. Natalie Mann as Assistant City Attorney
b. Rachel Allen as Associate City Attorney
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley,
Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson
and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
October 7, 2008
II
'I I
1
2
A RESOLUTION APPOINTING NATALIE P. MANN TO THE
POSITION OF ASSISTANT CITY ATTORNEY
3 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
4 VIRGINIA:
5
6 That pursuant to S 2-166 of the City Code, Natalie P. Mann is hereby appointed to
7 the position of Assistant City Attorney, effective October 16, 2008.
8
'9 Adopted by the Council of the City of Virginia Beach, Virginia, on the -1-th day of
10 October, 2008.
APPROVED AS TO CONTENT AND
LEGAL SUFFICIENCY:
~~
City Attorney's o~
CA10876
R-1
September 25, 2008
I I
1 A RESOLUTION APPOINTING RACHEL ALLEN TO THE
2 POSITION OF ASSOCIATE CITY ATTORNEY
3 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
4 VIRGINIA:
5
6 That pursuant to S 2-166 of the City Code, Rachel Allen is hereby appointed to the
7 position of Associate City Attorney, effective October 16,2008.
8
9 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of
10 Or.tnhpr ,2008.
APPROVED AS TO CONTENT AND
LEGAL SUFFICIENCY:
~=ffi~
CA 10877
R-1
September 25, 2008
I I
- 52 -
Item V-K 7.a.
ORDINANCES/RESOLUTIONS
ITEM # 58105
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to A UTHORIZE temporary encroachments into portions of the City's rights-o.fway:
DA VID B. and ANDREA C. PALMISANO to construct and maintain a boatlift and a
timber pier at 2436 Entrada Drive (DISTRICT 5 - PRINCESS ANNE);
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'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. 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.
4. It is further expressly understood and agreed that the Grantee shall defend, indemnify. and
hold harmless 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. 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.
6. 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.
7. It is further expressly understood and agreed that the Grantee must obtain a permit from the
Department of Planning prior to commencing any construction within the Encroachment Area
(the "Permit ").
8. It is further expressly understood and agreed that the Grantee shall maintain the existing
riparian buffer, which is a minimum of fifteen [15] feet in width landward from the shoreline,
runs the entire length of the shoreline, and consist of a mulched planting bed containing a
mixture of shrubs and perennial plants (the "Buffer 'J. An access path, stabilized
appropriately to prevent erosion, through the Buffer to the shoreline is allowed.
October 7, 2008
I I
I I
- 53 -
Item V-K 7.a.
ORDINANCES/RESOLUTIONS
ITEM # 58105 (Continued)
9. 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.
10. It is further expressly understood and agreed that the Temporary Encroachment must conform
to the minimum setback requirements as established by the City.
11. 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 aI/owed
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley,
Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson
and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
October 7, 2008
II
'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 LOCATED AT THE REAR
7 OF 2436 ENTRADA DRIVE BY DAVID
8 V. AND ANDREA C. PALMISANO
9
10 WHEREAS, David V. and Andrea C. Palmisano desire to construct and maintain
11 a boatlift and a timber pier upon a portion of drainage and public use canal on City
12 property, located at the rear of 2436 Entrada Drive, in the City of Virginia Beach,
13 Virginia.
14
15 WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2-2107,
16 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
1 7 City's property subject to such terms and conditions as Council may prescribe.
18
19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
20 VIRGINIA BEACH, VIRGINIA:
21 That pursuant to the authority and to the extent thereof contained in 99 15.2-
22 2009 and 15.2-2107, Code of Virginia, 1950, as amended, David V. and Andrea C.
23 Palmisano, their heirs, assigns and successors in title are authorized to construct and
24 maintain temporary encroachments for a boatlift and a timber pier upon a portion of a
25 drainage and public use canal on City property as shown on the map marked Exhibit "A"
26 and entitled: "PROPOSED ENCROACHMENT FOR 2436 ENTRADA DRIVE," a copy
27 of which is on file in the Department of Public Works and to which reference is made for
28 a more particular description; and
29
30 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly
31 subject to those terms, conditions and criteria contained in the Agreement between the
32 City of Virginia Beach and David V. and Andrea C. Palmisano (the "Agreement"), which
33 is attached hereto and incorporated by reference; and
34
35 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
36 is hereby authorized to execute the Agreement; and
37
38 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
39 time as David V. and Andrea C. Palmisano and the City Manager or his authorized
40 designee execute the Agreement.
41
42 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day
43 of October , 2008.
CA-1 0742
X:\OIDlREAL ESTATE\Encroachments\PW Ordinances\CA10742 Palmisano Ordiance.doc
V:\applications\citylawprod\cycom32\Wpdocs\DO 11 \P004\00062218. DOC
R-1
PREPARED: 9/11/08
APPROVED AS TO CONTENTS
WC.OIl1u1S'1>.
P L1C WORKS, REAL ESTATE
II I
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
Afwt i ~~
Nell L. Ford,
Special Counsel for the City Attorney
II
I I
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this 23rd day of Auqust, 2008, by and between
the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and DAVID V. PALMISANO and ANDREA
C. PALMISANO, husband and wife, 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 "Lot 307" as shown on that certain plat
entitled: "SUBDIVISION OF Lago Mar - SECTION TWO - PRINCESS ANNE
BOROUGH --- VIRGINIA BEACH, VIRGINIA" and said plat is recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 77, at Page
14, and being further designated, known, and described as 2436 Entrada Drive, Virginia
Beach, Virginia 23456;
WHEREAS, it is proposed by the Grantee to construct and maintain a
boatlift and a timber pier, 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 a drainage
and public use canal on City property, located at the rear of 2436 Entrada Drive, the
"Encroachment Area"; and
GPIN: (CITY PROPERTY 2424-02-4573)
2424-02-1972-0000
I ,.
II I
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
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 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: "PROPOSED
ENCROACHMENT FOR 2436 ENTRADA DRIVE," 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
II I
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 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 Department of Planning prior to commencing any construction with the
Encroachment Area (the "Permit").
It is further expressly understood and agreed that the Grantee shall
maintain the existing riparian buffer, which is a minimum of 15 feet in width landward
from the shoreline, runs the entire length of the shoreline, and consist of a mulched
planting bed and contain a mixture of shrubs and perennial plants (the "Buffer"). An
access path, stabilized appropriately to prevent erosion, through 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
3
I I
II
'I I '
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 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.
IN WITNESS WHEREOF, David V. and Andrea C. Palmisano, the said
Grantee, have caused this Agreement to be executed by their signature. Further, that
4
II
'I I
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/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.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
6
II I
David V. Palmisano
Andrea C. Palmisano
STATE OF
CITY/COUNTY OF
, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2008, by David V. Palmisano and Andrea C. Palmisano.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
SIGNATURE
Nell L. Ford,
Special Counsel for the City Attorney
DEPARTMENT
G:\USERS\SHARED\WP80\RE\Real Estate Forms\WORD DOCS\ENCROACHMENTS\ENCROACHMENT.AGREEMENT.doc
7
II I
PROPOSED ENCROACHMENT FOR 2436 ENTRADA DRIYE
.,:i'~, ;:,,',;'~'
SPECIAL NOTE: A 15 FT.. WIDE STRIP OF LAND ALONG THE EXISTING SHORELINE
SHALtBEttFT NATURAL 'ANI) REM7\:"n-J VECJElATErr"lHEtxISTINGTREE-S- ,_. .____..
SHALL REMAIN INTACT IN THIS AREA.
AS PER CLAY BERNICK ON 4/24/08
B
d
u
(sO,)
@
~
~
U'i
rtHO')
I '00.-47'
DATUM: otiW= 0.00'
Adjacent Property Owners:
1. T. BOJANOWSKI
2. W. PANKIEWICZ
3. G. FINKBEINER
- ".~ ~......--.
POSED TIMBER PIER
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PLAN', , I'
Sc. At./S-: /11 i:4o r 0
REV: 8-15.07
Proposed: TIMBER PIER & BOATUFT
in: CANAL
At: 2436 ENTRADA ORNE
County of: VIRGINIA BEACH
Applicant: O. PALMISANO
L'fNNHAVEN DOC"
COR~ORATIOH
f,xHIB1T lA I
II
Picture from
backyard
PALMISANO
2436 ENTRADA DRIVE
I I
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II I
- 54 -
Item V-K 7.b.
ORDINANCES/RESOLUTIONS
ITEM # 58106
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to A UTHORIZE temporary encroachments into portions of the City's rights-of way:
DONALD R. JR. and LINDA J. ARGUS to construct and maintain a bulkhead, two (2)
returns and a dock at 2249 Widgeon Lane (DISTRICT 7 - PRINCESS ANNE)
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. 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.
3. 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.
4. 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 arising out of the construction, location or existence of the Temporary
Encroachment.
5. 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.
6. 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.
7. It is further expressly understood and agreed that the Grantee must obtain a permit from the
Department of Planning prior to commencing any construction within the Encroachment Area
(the "Permit '')
October 7, 2008
I I
II I
- 55 -
Item V-K 7.b.
ORDINANCES/RESOLUTIONS
ITEM # 58106 (Continued)
8. It is further expressly understood and agreed that the Grantee shall establish and maintain a
riparian buffer, which shall be a minimum of fifteen [15J 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. 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.
10. It is further expressly understood and agreed that the Temporary Encroachment must conform
to the minimum setback requirements as established by the City.
II. It is further expressly understood and agreed that the Grantee must submit for review and
approval, a survey of the Encroachment Area, certified by a registered professional engineer
or a licensed land surveyor and/or "as built" plans of the Temporary Encroachment sealed by
a registered professional engineer, if required by either the City Engineer's Office or the
Engineering Division of the Public Utilities Department.
12. 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.
October 7, 2008
- 56 -
Item V-K 7.b.
ORDINANCES/RESOLUTIONS
ITEM # 58106 (Continued)
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley,
Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson
and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
I I
October 7, 2008
I I,
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45
Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE
TEMPORARY ENCROACHMENTS
INTO A PORTION OF CITY
PROPERTY LOCATED AT THE REAR
OF 2249 WIDGEON LANE, FOR
DONALD R. ARGUS, JR. AND LINDA
J. ARGUS
WHEREAS, Donald R. Argus, Jr. and Linda J. Argus desire to construct and
maintain a bulkhead, 2 returns and a dock upon a portion of a 30' man-made canal
(drainage easement) on City property located at the rear of 2249 Widgeon Lane in the
City of Virginia Beach, Virginia.
WHEREAS, City Council is authorized pursuant to SS 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 SS 15.2-
2009 and 15.2-2107, Code of Virginia, 1950, as amended, Donald R. Argus, Jr. and
Linda J. Argus, their heirs, assigns and successors in title are authorized to construct
and maintain temporary encroachments for a bulkhead, 2 returns and a dock on a
portion of the City's property as shown on the map marked Exhibit "A" and entitled:
"PROPOSED ENCROACHMENT INTO A CITY OWNED, UNNAMED, MANMADE
CANAL BULKHEAD, 2 RETURNS & DOCK," 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 Donald R. Argus, Jr. and Linda J. Argus (the "Agreement"),
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 Donald R. Argus, Jr. and Linda J. Argus and the City Manager or his authorized
designee execute the Agreement.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day
of October, 2008.
CA-10748
X:IOIDlREAL ESTATEIEncroachmentslPW OrdinanceslCA 10748 Argus Ordiance.doc
V:la pplicationslcitylawprodlcycom321WpdocslD0061P00310006422O. DOC
R-1
PREPARED: 9/12/08
APPROVED AS TO CONTENTS
I I
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
r\\ill i!\~ ,~
~ - \J!~/\(
Ne~-t. Ford, "
Special Counsel for the City Attorney
:1 I
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this 28th day of AUQust, 2008, by and between
the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and DONALD R. ARGUS. JR. AND LINDA
J. ARGUS, husband and wife, 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 "Lot 47" as shown on that certain plat
entitled: "SANDBRIDGE BEACH NORTH AREA SECTION NO.2 PRINCESS ANNE
CO., VA." and said plat is recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia in Map Book 41, at Page 8, and being further designated,
known, and described as 2249 WIDGEON LANE, Virginia Beach, Virginia 23456;
WHEREAS, it is proposed by the Grantee to construct and maintain a
bulkhead, 2 returns and a 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 a 30' man-
made canal (drainage easement) on City property, the "Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
GPIN: 2424-95-2364-0000 (City property - canal)
2424-95-2572-0000
'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 Te mporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordan ce 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: "PROPOSED
ENCROACHMENT INTO A CITY OWNED, UNNAMED,
MANMADE CANAL BULKHEAD, 2 RETURNS & DOCK," 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.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
2
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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 t9
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 Planning prior to commencing any construction with 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 \^Jidth
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,
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stabilized appropriately to prevent erosion, tf1rough 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 appl icable. 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 setbacks requirements, as established by
the City.
It is further expressly understood and agreed that the Grantee must
submit for review and approval, a survey of the Encroachment Area, certified by a
registered professional engineer or a licensed land surveyor, and/or "as built" plans of
the Temporary Encroachment sealed by a registered professional engineer, if required
by either the City Engineer's Office or the Engineering Division of the Public Utilities
Department.
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
4
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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 co mpensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Donald R. Argus, Jr. and Linda J. Argus, the
said Grantee, have caused this Agreement to be executed by their signature. 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
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.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
6
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, /, .,/, !
/, < / 0/
If "i..' ..{.
J/r/t. c il .k:/ ' /" ~
q6nald R. Argus, Jr. {/
~~)9; G~,6)
Linda J. Argu
STATE OF VIRGINIA
CITY/COU~~TY OF \10- ~-n , to-wit:
The foregoing instrument was acknowledged before me this 2~*' day of
hJ~~
, 2008, by Donald R. Argus, Jr.
. . ~ .. '
/,;;~~~...:,-I; '~~,'(':/>:"
. "-"" " c~,. .'
~:t:/Jt<~ /' ,~\ '''<'~:o v_. ~
"iJ ;';:rj: . '0 I> ,.,
:;t~.~' :Nota1:Y' eegistration Number: ~
(;... 'I W"':': ' ~..,.,.~ ('I, ~~,'
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<I/! t;J ",i '\ \' _,.'
.Jl!:~r-fi!!~1~' .'
~\:,J'l\ ti. ~(SEAL)
Notary Public
STATE OF VIRGINIA
CITY/COUNT'.' OF \/0. ~
, to-wit:
The foregoing instrument was acknowledged before me this 2.2.'"' day of
~, 2008, by Linda J. Argus.
~ eJr. Crm~(SEAL)
Notary Public
Notary Registration Number: A4,21
My Commission Expires: 8\ 0\ be
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APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
~tJy c.~~
SI A TURE
~i1A
Nell L. Ford, ~
Special Counsel for the City Attol]Tey
Pm RthJ C$AA
DEP ARTMENT
G:\USERS\SHARED\WP80\RE\Real Estate Forms\WORD DOCS\E~CROACHMENTS\ENCROACHMENT .AGREEMENT .doc
8
EXHIBIT "A"
Back Bay National Wildlife Refuge
Ebb
Flood
MHW.2.4' Proposed Bulkhead. 80' LF
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Proposed Doc.!s;
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City of Virginia Beach - Unnamed Manmade Canal (30' Drainage Easement)
Ooc.# 20070625000848730
ENCROACHMENT:
Proposed Bulkhead - 6.0'from property line Manmade Canal
Proposed Dock - 12.0' from property line
. P{F),.
Lot 48
2424-95.2494-0000
E. Martin Jr.
M.B 41, Page 8
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Frame
Shed
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easement requirement (1S'x80')
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Lot 46
2424-95-2640-000(j
D. Thomas
M. B. 41, Page 8
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2249 Widgeon Lane
Gpin: 2424 95 2572
Lot 47
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Civil E~neering
Subdi~5ion~ esign
~.. .. La?d'1'Janning
IiO nglneerlng Oommercial velopment
~ ;na~ ~.... ~ /UtilitYPlans
ii3 erv~ Drainage Plan
Tid ater, P.l..L.C.
John W. Blake, II, P.I:.
(757) 237-1657 F.,: (757) 769-7989
I J 12-F Eden \Vay North, CheSapf:3ke, Virginia 2)320
Blake
Location:
Proposed Encroachment into a
City owned, unnamed, man made
Canal
- Bulkhead, 2 returns & Dock -
2249 Widgeon Lane
Virginia Beach V A 23456
Applicant: Donald Argus Jr.
Date: June 13, 2008
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- 57 -
Item V-K 8.
ORDINANCES/RESOLUTIONS
ITEM # 58107
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE $25,800 from the
Department of Homeland Security, sub-granted from the City of
Portsmouth, to the Fire Department re hazardous materials
response equipment
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley,
Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson
and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
October 7, 2008
I I
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDS TO THE FIRE DEPARTMENT FOR
3 HAZARDOUS MATERIALS RESPONSE EQUIPMENT
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA:
7
8 1) Funds are hereby accepted from the U. S. Department of Homeland Security
9 via the Virginia Department of Emergency Management as sub-granted from
10 the City of Portsmouth in the amount of $25,800 with estimated revenues
11 increased accordingly.
12
13 2) Appropriations to the FY 2008-09 Operating Budget of the Fire Department
14 for hazardous materials response equipment costs associated with the
15 Hazardous Materials Southside Tidewater Team are increased by $25,800.
of
Adopted by the Council of the City of Virginia Beach, Virginia on the 7th
Or.tohp.r ,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:
fj~Q~~
Management Services
~&
CA 10867
R-2
September 26, 2008
I I
- 58 -
Item V-K 9.
ORDINANCES/RESOLUTIONS
ITEM # 58108
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED, until
the City Council Session of October 14,2008:
Ordinance to APPROPRIATE $77,000 from the General Fund balance
to the Kempsville Volunteer Rescue Squad re an interest free loan to
purchase a replacement ambulance.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley,
Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson
and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
October 7, 2008
I I
- 59 -
Item V-K 10.
ORDINANCES/RESOLUTIONS
ITEM # 58109
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to TRANSFERfunds and APPROVE two (2) full-time, City-
funded positions re Commonwealth's Attorney Office re domestic
violence
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley,
Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson
and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
October 7, 2008
I I
1 AN ORDINANCE TO TRANSFER FUNDS TO THE FY
2 2008-09 OPERATING BUDGET OF THE
3 COMMONWEALTH'S ATTORNEY OFFICE AND TO
4 APPROVE TWO FULL-TIME, CITY-FUNDED
5 POSITIONS
6
7
8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
9 VIRGINIA BEACH, VIRGINIA:
10
11 1. That $87,644 is hereby transferred from the General Fund Reserve for
12 Contingencies to the FY 2008-09 Operating Budget of the Commonwealth's Attorney
13 Office for prosecuting domestic violence cases.
14
15 2. That two full-time positions are hereby established in the FY 2008-09
16 Operating Budget.
17
18 Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day
19 of October , 2008.
Approved as to Content:
Approved as to Legal
Sufficiency:
B~(L~
Management Services
~~
City A orney's Office
CA 10873
R-3
September 26,2008
I I
I I
MICHAEL CliNE
State Coominator
COMMONWEALTH of VIRGINIA
Department (~l Emergency Afanagement
10501 Trade Court
Richmond VirglllliJ 23236-3713
(804) 897-6500
(TOO) 674-2417
FAX (8041 897-6506
,JANET L. CLEMENTS
Chief Deputy Coordinator
BRETT A. 3URDICK
Deputy CO<Jrdinator
July 18, 2008
Mr. Kenneth L. Chandler
Portsmouth City
P.O. Box 820
Portsmouth, VA 23705
Dear Mr. Chandler:
We are pleased to inform you that Portsmouth City has been awarded funds in
the amount of $170,923.00 from the 2007 State Homeland Security Grant, (CFDA #
97.073) from the National Preparedness Directorate (NPD), United States Department
of Homeland Security (DHS) and administered by the Commonwealth for the HAZMA T
Team Equipment, Exercise and Training project.
The Commonwealth will send grant funds to a sub-grantee a maximum of 120
days prior to purchase of allowable expenditures. To accomplish this, use the attached
"Request for Funds" form. This form can also be found at:
http://www.vaemergency.com/qrants/forms/RequestforF undsProiectExpend itu re NEW.
xis. You are required to attach purchase orders, invoices or other documentation that
reflect your spending plan. Paid invoices for drawdown amounts are due no later than
120 days from the drawdown request date.
The end of the program period is June 30, 2009, for obligation purposes and
September 30,2009, to complete expenditures and finalize the close out reporting
process.
During this program period, all subgrantees are required to submit quarterly
progress reports. This form can be found at
http://www.vaemerqencY.com/q rants/forms/Proqress Report.doc.
"Working to Protect People. Proper~r and Our Communities"
I I
Mr. Chandler
Page 2
July 18, 2008
Grant recipients will be monitored periodically by VDEM and/or NPD to ensure
that the program goals, objectives, timelines, budgets, and other related program
criteria are being met. Monitoring will be accomplished through a combination of office-
based and on-site monitoring visits. Monitoring will involve the review and analysis of
the financial, programmatic and administrative as well as other issues relative to each
program, and will identify areas where technical assistance and other support may be
needed. Subgrantees may be required to submit a special progress report in addition to
the quarterly reports if the Commonwealth deems necessary. This award is subject to
all administrative and financial requirements, including the timely submission of all
financial/programmatic reports and adhering to the Special Conditions attached. Should
you not adhere to these requirements, you will be in violation of the terms of this
agreement and the award will be subject to termination and reallocated.
If you have any questions regarding this award, please contact Bill Lawson at
(804) 897-6500 extension 6604.
Sincerely,
~r;;/ifc~
Michael M. Cline
c: The Honorable Robert P. Crouch, Jr., Assistant to the Governor for Commonwealth
Preparedness
The Honorable John Marshall, Secretary of Public Safety
Ms. Janet Clements, Chief Deputy State Coordinator for Emergency Management
Mr. Brett Burdick, Deputy State Coordinator for Administration
Mrs. Susan Mongold, Grants Coordinator
Ms. Cheryl Adkins, Grant Manager
Mr. Mark Morton, Heavy Tactical Rescue Chief
Ms. Amanda Wood, Grant Manager
Mr. Greg Parsons, Battalion Chief
Attachments
MMC/bl
.. rrorking to Protect People. Proper(r and Our Communities"
Item V-L.
APPOINTMENTS
- 60-
ITEM # 58110
BY CONSENSUS, City Council RESCHEDULED the/ollowing APPOINTMENTS:
HISTORIC SITES ORGANIZING COMMITTEE
PARKS AND RECREATION COMMISSION
RESORT ADVISORY COMMISSION
REVIEW AND ALLOCATION COMMITTEE
WETLAND'S BOARD
WORKFORCE HOUSING ADVISORY COMMITTEE
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October 7, 2008
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- 61 -
Item V-N.l.
ADJOURNMENT
ITEM # 58111
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:50 P.M.
a~a-~!.t__m-
Bevert;'o. Hooks, CMC
Chief Deputy City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
The Public Comment re Non Agenda Item adjourned at 8:56 P.M.
October 7, 2008
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- 62-
PUBLIC COMMENT
Dr. H Lee Cantor, 8608 Oceanfront, Phone: 428-5898, Cardiologist in Virginia Beach and President -
Virginia Beach Medical Society, spoke re public health. He was accompanied by Andrew Lester -
Pittsylvania County, to speak relative the details concerning lifting the ban on Uranium Mining. Booklet
entitled "Danville Pittsylvania Academy of Medicine" was distributed and is hereby made a part of the
record. Uranium mining has been banned in Virginia since 1982. There has never been a license for
Uranium mining east of the Mississippi, because of the density of population and geographic climate.
The remnants, after extracting the ore to make more pure, has radio active contamination and if that
were to get into the water supply in Pittsylvania County, this supply leads directly to Lake Gaston and,
therefore, is important to protect the health of the citizens of Virginia Beach. We do not want
contamination of our water supply. The Medical Society meets this weekend and will debate a Resolution
in Opposition. Virginia Beach will be supporting. He will advise the City Clerk re the adoption of this
Resolution.
Andrew Lester, 2133 Oak Grover Road, Keeling, Virginia, Phone: (434) 793-1672, cell: (434) 250-1185,
advised he was a City Planner in 1978 under Robert Scott, writing the first Comprehensive Plan. He
represented a group opposed to this mining. Pittsylvania County has not taken any official position on
this issue. This area is economically depressed with high unemployment rates. The City Council of
Danville and the Pittsylvania County Board of Supervisors have taken a low key approach. All over the
state, there are pockets of uranium that can be mined. However, in Pittsylvania, it is the highest
concentration in North America. The value of that one location is expected to be $10-BILLION The
citizens' concern is there has never been a proposal concerning the manner in which this Uranium would
be mined. They own 2900 acres of minimal rights surrounded by another 2000 acres. At the present
time, the uranium is encased in granite. The citizens are concerned when the uranium is broken up and
brought out, what happens to the groundwater and this site is only a mile from the River which flows into
Carr Lake and then into Lake Gaston.
The City Manager advised, he, Clay Bernick, Environmental Planner and Tom Leahy, Director of Public
Utilities has discussed this concern.
Admiral Fred Metz, 805 Circuit Court, Phone: 481-3248, appeared before City Council to explain his
reason for resigning from the Military Economic Development Advisory Committee (MEDAC) and also
expressed concern that the Military is not mentioned in the Economic Development or Virginia Beach
Strategy reports. It was his understanding that the Committee was formed to assist Economic
Development with retiring military personnel and the military would play a vital role with Military
Economic Development Advisory Board (MEDAC). He referenced the Briefing by Captain Hunter
emphasizing the military population and contribution to the tax structure of this community. There is a lot
of economic potential in this vast military population and great skills that can be used to the City's
advantage in its worliforce. Admiral Metz referenced his research and the fact that no one has asked to
review it or to discuss it with him. Admiral Metz's suggested the Veterans Committee be expanded as
there are more than a 1,000 veterans in 26 organizations right here in Virginia Beach. Admiral Metz
complimented the Mayor for her support but expressed his disappointment that members of City Council
and City staff have not had a more participatory role in being there for the military at their
Homecomings. He complimented the City Manager for the work he has done but stated he did not share
the City Manager's philosophy of involving the Military. 270,000 military get paychecks and the majority
live in Virginia Beach. Admiral Metz stated he enjoyed working with Deputy City Manager Steve Herbert
but that he was disappointed in the lack of follow-up. The Admiral said he loves this City and would
continue to work for the City, but that he would like to have a closer communication with the Governing
Body, Economic Development and the Military.
October 7, 2008
I I
- 63 -
PUBLIC COMMENT
JejjCorrie, 3505 Purebred Drive, Phone: 468-6028, Chief Petty Officer, spoke re the Buckner Boulevard
Extension Project. He advised the City is scheduled to expend $2.6-MILLION to pave approximately
1,000 feet of road behind his house. This will increase noise pollution and the potential for accidents.
980% of the residents are not in favor of this project. This project will link Rosemont Road to Holland
Road. This will ajject the property values in his area. The project is based on a flawed traffic study
commissioned by Colonial Self Storage, one of the businesses which will benefit. Colonial Self Storage
has received $60,000 to improve their property, which they then donated to the City. This project also
appears to be in conflict with the City's Master Transportation Plan.
Deputy City Manager David L. Hansen advised Public Information Meetings were conducted and
numerous questions received from citizens. The compilation of all the questions and responses are being
reviewed, in addition to memorandums responding to the concerns of Council Lady McClanan. These will
be provided to all members of City Council. A Briefing will be provided during the Informal Session.
Another Information Meeting will be scheduledfor the neighborhood.
October 7, 2008
I111 II
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Item V-N.1.
ADJOURNMENT
ITEM # 58111
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:50 P.M.
a?~ ~___!2_.__L~~_ II ~
~;:;;';~Hooks, CMC
Chief Deputy City Clerk
uth Hodges Fraser, MMC
Ci~v Clerk
City of Virginia Beach
Virginia
The Public Comment re Non Agenda Item adjourned at 8:56 P.M.
October 7, 2008