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NOVEMBER 18, 2008 MINUTES il' II CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MA YOR U )U!S R. JONES, Bays,de - D'strlct 4 WILLIAM R. DeSTEPH, At-Large HARRY E. D1EZhL, KempsVille - District 2 ROBERT M. DYleR" Centerville - District J RARBARA M. HI:NU,'Y, Princess Anne Dis'r1ct 7 RhBA S Mc( VLVAN, Rose Hall - D,strict 3 .fOHN h'. [fHRI.\' Reach D,.\.trlct 6 lION A VIUAA IIHVA, At-I,arge ROSI:MARY WilSON, At-Large .fAMHS I" WOO/), I,ynnhaven -D,strlct 5 CITY COUNCIL AGENDA ( 'f7'Y MANACihR - .fAMHS K. SPOR/;, ( 'Iry A 77,()RNFI - I,ESU/;' I" UUliY ( 'ITY ('I,FIU<. - IIIITH HOI)(iES FRAS/;,R, MM(' 18 NOVEMBER 2008 I. CITY MANAGER'S BRIEFINGS - Conference Room - CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH. VIRGINIA 23456-8005 PHONE. (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com 1:00 P A. WILLIAMS FARM COMMUNITY RECREA nON CENTER Barry Frankenfield, Administrator - Planning Design and Development, Parks and Recreation B. PLANNING ITEMS REVIEW Jack Whitney, Director - Planning II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL / SCHOOL BOARD BRIEFING -Building 19- A. ANNUAL FIVE-YEAR FORECAST Catheryn Whitesell, Director - Management Services V. REVIEW OF AGENDA - Conference Room - VI. INFORMAL SESSION A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 3:00 PM 4:00 PM ,II II II IV. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Steve Kelly Wave Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS October 28, 2008 G. AGENDA FOR FORMAL SESSION H. TOWN CENTER PHASE IV - BRIEFING Patricia Phillips, Director, Finance Mark Wawner, Project Development Coordinator - Economic Development I. PUBLIC HEARING 1. LEASE OF CITY-OWNED PROPERTY - Sheffield Court J. CONSENT AGENDA K. ORDINANCES/RESOLUTION 1. Ordinance to AMEND 92-20 re time and place of regular formal City Council meetings to set same as the 2nd and 4th Tuesday of each month with an informal meeting on the 1 st Tuesday. 2. Ordinance to AUTHORIZE the City Manager to modify the Beacon Exchange agreement, APPROPRIA TE the funds and AUTHORIZE the Virginia Beach Development Authority (VBDA) to use EDIP funds for the Exchange 3. Ordinance to AUTHORIZE the City Manager to execute a five-year lease of City-owned property with Frank T. and Laura R. Mulcahy off Sheffield Court re maintenance needs of Pembroke Lake DISTRICT 4 - BA YSIDE II 4. Ordinance to AUTHORIZE temporary encroachments into a portion of City owned property- Lake Wesley for GARY W. LONDON and MARLETA K. LONDON, to construct and maintain a portion of a fixed pier, a boat lift, an aluminum ramp, a floating pier and mooring piles at 468 Southside Road DISTRICT 6 - BEACH 5. A Resolution REQUESTING approval of the design for the SalemlPrincess Anne Road Intersection Improvement Project 6. Ordinance to ACCEPT and APPROPRIATE a Grant from the Virginia Departments of Forestry and Conservation and Recreation re an Urban Tree Canopy Analysis 7. Ordinance to ACCEPT a Grant for communications equipment from the Virginia Department of Emergency Management Grant Office to Communications and Information Technology (COMIT) 8. Ordinance to ACCEPT a donation of parts from FIREHOUSE SUBS PUBLIC SAFETY FOUNDATION re public fire prevention education 9. Ordinance to ACCEPT and APPROPRIATE a Grant from the U. S. Department of Homeland Security/FEMA Cooperative Agreement re activation of V A-TF2 Urban Search and Rescue Team for tropical storms and hurricanes 10. Ordinance to ACCEPT and APPROPRIATE a Grant from the U. S. Department of Homeland Security/FEMA re enhanced medical training and equipment re EMS "Four-for- Life" 11. Ordinance to ACCEPT a Grant from the Virginia Department of Health re medical services for the EMS Four-for-Life 12. Ordinance to ACCEPT and APPROPRIATE a Grant from the Virginia Department of Criminal Justice Services to the Police re terrorism deterrents 13. Ordinance to APPROPRIATE a Grant from the DEA Shared Asset Special Revenue Fund to the Police Department re canines L. PLANNING 1. Application of CHRISTINE PINKSTON for a Conditional Use Permit re a residential kennel at 1428 Princess Anne Road. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROV AL 2. Application ofT ANIKA DRA WHORN for a Conditional Use Permit re a home daycare at 811 Admissions Court. DISTRICT 2 - KEMPSVILLE RECOMMENDA nON: APPROV AL 3. Application ofT-MOBILE NORTHEAST, L.L.C. for a Conditional Use Permit re a communication tower at 2224 Greenwell Road. DISTRICT 4 - BA YSIDE RECOMMENDA nON: APPROV AL II 4. Application of ARGOLD DAM NECK, L.L.c. for a Change of Zoning District Classification (COZ) from R-15 Residential District and AG-l Agricultural District to Conditional R-7.5 Residential District at Dam Neck Road and Southcross Drive to develop single-family dwellings. DISTRICT 7 - PRINCESS ANNE APPLICANT REQUESTS DEFERRAL TO NOVEMBER 25, 2008 5. Ordinance to AMEND the Comprehensive Plan and incorporate the 2008 OUTDOOR PLAN as an appendix M. APPOINTMENTS BOARD OF BUILDING CODE APPEALS (Plumbing and Mechanical Division) COMMUNITY SERVICES BOARD HISTORIC PRESERVATION COMMISSION MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE P ARKS AND RECREA nON COMMISSION REVIEW AND ALLOCATION COMMITTEE (COG) SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) nDEW A TER REGIONAL GROUP HOME COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) WORKFORCE HOUSING ADVISORY COMMITTEE N. UNFINISHED BUSINESS O. NEW BUSINESS 1. ABSTRACT OF VOTES - General Election of November 4, 2008 P. ADJOURNMENT ********************************** PUBLIC COMMENTS Non-Agenda Items ********************************** ,II II III Agenda 11/18/0Xst \vww.vbgov.com Citv Council Sessions for November and December 2008 November 25 Briefing, Informal, Formal, including Planning December 2 December 9 Briefing, Informal, Formal, including Planning Briefing, Informal, Formal, including Planning * * * * * * * * * If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 * * * * * * * * * * * I, I II - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 18, 2008 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING re WILLIAMS FARM COMMUNITY RECREATION CENTER, Bayside District, in the City Council Conference Room, Tuesday, November, at 1:00 P.M Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Robert M Dyer [Entered: 1:15 P.M] John E. Uhrin [Out of the City: Marriage/Honeymoon.] November 18, 2008 ,II I II - 2 - C IT Y MANA G E R 'S B R IE FIN G WILLIAMS FARM COMMUNITY RECREATION CENTER ITEM # 58216 1:00 P.M. The City Manager introduced Cindy Curtis, Director of Parks and Recreation, to detail information relative the preliminary design and site selection on a possible Community Recreation Center in the western portion of Bayside. Cindy Curtis advised a tremendous amount of time and energy has been expended on the creation of this plan, a dedicated group of community members and professionals prepared this Plan which represents the desires and intended results of the community. Cindy introduced: Consultant Study Team C. Michael Ross, AlA, REFP: HBA Architecture & Interior Design Delceno C. Miles: The Miles Agency Janet L. Jordan, CPRP: Moody Nolan, Inc. Scott W. Hester, P.E. : Counsilman-Hunsaker William D. Almond, ASLA: WPL Delceno Miles advised the process was very open. Every opportunity was made for the public to become engaged and involved in the entire process. Six (6) Workshops were conducted with local civic organizations by a 40-person steering Committee, and reached over one hundred jifty (150) citizens: Aragona Civic League, Cypress Point Civic Association, Lake Edward Area Civic League, Newtown Cultural Life Center, Northwest Beach Partnership and Virginia Beach Branch of the National Association for the Advancement of Colored People (NAACP). Twenty-three (23) Stakeholder Interviews were conducted, which included six (6) Workshops with Neighborhood Schools. Two (2) Public Meetings were conducted, March 13, 2008 and October 16, 2008, involving a Presentation, Open Forum and an Open House. Over three hundred (300) citizens were reached through this process. Janet L. Jordan, Moody Nolan, Inc, advised the existing Recreation Centers were examined to determine a needs analysis: the 12-Minute Drive Time, Area Age and Income Demographics were examined. Demographic and Market Needs Analysis Seatack Recreation Center Bow Creek Recreation Center Kempsville Recreation Center Princess Anne Recreation Center November 18,2008 II - 3 - C IT Y MANA G E R 'S B R IE FIN G WILLIAMS FARM COMMUNITY RECREATION CENTER ITEM # 58216 (Continued) 12 Minute Drive Time Demographics: Six Existing Centers + New Williams Farm Community Recreation Center POPULATION Bayside 83,070 Great Neck Princess Anne Seatack Bow Creek New Center 153,930' 140,286 "iC> 'I'fOU5ING <?_~_~~ Occue!'.".~_ 55.60~ ---~!~" 79.~.o.% 48.40% 63.20% 56.80% 55.30% Renter Occupied 36,90% 37.30% 14.20~ 42.00% 31.10% 36.90% 38.10% Vacant Houses 7.60% 7.60% 6.60% 9.50% 5.80% 6.30% 6.70% ---- -.--- ....CE White 70.60% 82.80% 77.90% 77.70% 63.20% 66.70% 64.50% Black 19.70% 10.40% 12.10% 14.00% 23.60% 21.00% '25.20% '::~_~_I}~ian/E~kimo 0.30% 0.20% 0.20% 0.30% 0.30% 0.30% 0.30% _______~ian 4.1~.. 2.30% 3.9t?% -~~Q"(a" 6.8Q~ 5.40% 4.30% Hawaiian/Pac Island 0.10% 0.01% 0.10% 0,10% 0.10% 0.10% 0.10% Multirace 3.50% 2.40% 3.800/Q 3.30% 3.90% 4.10% 3.70% Williams Farm Location - Area Age 6.j.. 6:00 28,2.. 8.30'1) :,~81 1~ lfto :.41: 14 (fo ~,:,r 13 OliO 1.'3, l(10"0 1.14: 6.6.0 64' .1 '0. 18' 11.. 1".255 too,O.. ,,9 # .1:J8~ .H..H3 3:.1" 8,<<< 6.40. I:,'.I() "Jo. 35.934 2",O.,,+t28'5S2 2R9.o ~~';'"- -~=-Yi~ .~t),~9()" .._~(, ~1l-(I 19..\'.\ 1.1 '00 Cil'Ci6 1.\ '/'0 .. 1S,661 ~ (,'1J': l' 6". ...........-.-..... ......................)....................... ................................ 18.:'1 JJ '0.' N>.149 1.1 '1'0 14.l19: 10CiO. .1.\.8:8 '1SOo 9j.J~ .. \.)00 ~.JA:5 550!) ',868 ...-lOCI 14, "l.:U J3v,o 1.9.14 1 '0. q'O 1 ;:,,, 133,(55 100,0"" 445.081 100,0.. ,5 l) ,< : JJ .100 l.J-l')fI 14400 10 '0. 6~l)o ..-lor; L5>Ol) 100.0.0 ,16 < 1.\.90. 14.:2';'1 1:.-,1'1 13<.0 '1.S0- 104". 6,8~1 .. ~o .J,:~O .l)oQ U94 1.<0. 94.524 100.0.0 ,CiO November 18, 2008 II I II - 4 - C IT Y MANA G E R 'S B R IE FIN G WILLIAMS FARM COMMUNITY RECREA TION CENTER ITEM # 58216 (Continued) Williams Farm Location - Area Income The Steering Committee received twenty-three (23) responses re Recreation and Community Programs and Indoor Activity Spaces. Public input receivedfifty (50) responses re Indoor Activity Spaces. Recreation and Community Programs Sports Fitness Senior Adult Programs Aquatics Community/Civic Meetings Camps Top Indoor Activity Spaces . Gymnasiums . Aquatics: Leisure Pool . Fitness Area . Game Room . Meeting Rooms . Teen Program Area . Senior Adult Program Area . Babysitting . Walk/Jog Track . Computer Room . Dance/Aerobic Room Michael Ross, HBA Architecture & Interior Design, advised the success of this facility will depend, to a large extent, on the quality and safety of pedestrian and bicycle access route. A graphic depicting the new Community Recreation Center Pedestrian and Bicycle Access was displayed November 18, 2008 ,II I II - 5 - C IT Y MANA G E R 'S B R IE FIN G WILLIAMS FARM COMMUNITY RECREATION CENTER ITEM # 58216 (Continued) Mr. Ross displayed the Conceptional Design recommendation, but the Committee voted overwhelmingly to proceed with the development of the north parcel. Sixty (60) parking spaces exist as part of the Master Plan. ./,/ .....- ,. "- ,,-. ) I / I I / . ~ -.... -/ ~. .' .V ... ",,~~" @ --- ~/: \, >:,>'~' Scott W Hester, P.E.: Counsilman-Hunsaker, advised the most exciting space in this proposed building is the pool area. The overwhelming responses received relative the pool area were to be more recreation andfamily based in design. November 18,2008 II i I II - 6 - C IT Y MANA G E R 'S B R IE FIN G WILLIAMS FARM COMMUNITY RECREATION CENTER ITEM # 58216 (Continued) Most of the pools today are rectangular in shape and more conductive for competitive swimming. A major recreational multi-purpose pool has been designed. Mr. Ross displayed graphics featuring multi-purpose pool amenities, a water spray-ground (outside the building). Views from the North, Southeast and Main Entrances of the Recreation Center were displayed. Preliminary Estimate of Development Costs Estimated Building Construction Cost Estimated Site Development Costs Project Contingency Estimated Soft Costs Total Estimated Project Budget in 2009 Dollars $ 18,181,600 $ 2,290,000 $ 2.047,160 $ 4.196,678 $ 26,715,438 For the purpose of Capital Improvement Program planning, the Total Estimated Project Development Budget should be escalated at a minimum of 6% per year to the mid-point of the anticipated construction period for the project: Total Estimated Project Budget in 2010 Dollars Total Estimated Project Budget in 2011 Dollars Total Estimated Project Budget in 2012 Dollars Total Estimated Project Budget in 2013 Dollars Total Estimated Project Budget in 2014 Dollars $ 28,318,364 $ 30,017,466 $ 31,818,514 $ 33,727,625 $ 35,751,282 November 18,2008 ,I, II - 7 - C IT Y MANA G E R 'S B R IE FIN G WILLIAMS FARM COMMUNITY RECREATION CENTER ITEM # 58216 (Continued) Barry Frankenfield, Administrator - Planning Design and Development - Parks and Recreation, advised the preliminary estimate of operational expenses, could change... Building Maintenance Budget Operating Budget Personnel Vt ilities Supplies Other Contract Services $ 73,666 $ 209,952 $ 18,995 $ 251,145 $ 1,655,920 Personnel Subtotals $ 553,758 $ 140,750 Supplies $ 132,336 Other Contract Services $ 55,579 Internal Services $ 21.211 Other Charges $ 2,005,796 Total Estimated Combined Annual Maintenance & Operating Budgets (FY 2009/2010 Dollars) $ 2,559,554 This is a design build process and therefore can be completed more expediently. Proposed Timeline and Funding Required to Proceed July-Year 1 $ 300,000 additionalfundingfor design (35% Construction Documents) and direction to proceed with the project July-Year 2 Completion of 35% Construction Documents, advertisement for Design Build Team July-Year 2 $ 27,000,000 Construction Funding and award of Design Build Contract July-Year 3 $ 3,000,000 Contingency and FFE Funding Years 3 to 4 Construction End of Year 4 Facility Open to Public Mr. Frankenfield expressed appreciation to Kevin Jensen. Project Manager - Public Works, Engineering. for his dedication and capabilities. He was unable to attend this Briefing due to Training. Councilman Diezel advised he requested the Staff of Parks and Recreation seriously as a future consideration another concept other than the Recreation Center on a smaller scale to address specific needs within the community encompassing not only health and fitness but a Safety and Learning Center. November 18. 2008 ,II I II - 8 - C IT Y MANA G E R 'S B R IE FIN G PLANNING ITEMS REVIEW 1 :48 P.M. ITEM # 58217 Jack Whitney, Director - Planning, gave a brief synopsis of the Planning Items pendingfor City Council on December 2 and 9, 2008 December 2, 2008 Karen Parker (Conditional Use Permit) Bayside District The applicant requests a Conditional Use Permit to allow a home Daycare at her residence. The applicant has been licensed for a maximum capacity of twelve (12) children ranging in age from infants to twelve (J 2) years.. AICUZ is Less than 65. Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval (10-0) Consent Agenda No opposition Joynt Enterprises (Modification of Use Permit)) Kempsville District The applicant requests a Modification of a 1999 Conditional Use Permit to allow re-use of the site as a Suzuki dealership. The applicant will renovate the fafade of the building and make improvements to the site. AICUZ is Less than 65. Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval (10-0) Consent Agenda No opposition November 18,2008 II - 9 - C IT Y MANA G E R 'S B R IE FIN G PLANNING ITEMS REVIEW ITEM # 58217 (Continued) NTelos (Conditional Use Permit) Centerville District The applicant requests a Conditional Use Permit for a wireless communication tower. Applicant proposes a 132-foot high, stealth, flagpole-type communications tower within the rear parking lot of an existing shopping center. Antennas for up to three (3) carriers will be concealed within the flagpole. The ground equipment is proposed within a 20- by 40-footfenced area behind the retail shops. AICUZ is Less than 65 Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval (10-0) Consent Agenda No Opposition 5073 Virginia Beach Boulevard, LLC (Conditional Use Permit) Kempsville District The applicant requests a Conditional Use Permit to allow development of the site for a 6,500 square foot, two-story building to operate a motor vehicles sales and rental business. -The applicant will construct a two-story building with a 3,250 squarefootfootprint at the southeast corner of the site. The first floor showroom and the second floor offices make up the proposed 6,500 square foot building. AICUZ is Less than 65 Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval (10-0) Consent Agenda No Opposition November 18, 2008 II II III - 10- C I T Y MANA G E R 'S B R I E FIN G PLANNING ITEMS PENDING ITEM # 58217 (Continued) Columbus Tower Block 5-A2 (Conditional Use Permit) Lynnhaven District The applicant requests a Conditional Use Permit to allow use of two floors of an existing building for a private college. Anticipated enrollment will ultimately reach 516 students and 42 staff will be employed. The applicant does not anticipate more than 250 students and employees on-site at any given time. Adequate parking within Town Center is available for this use. AICUZ is Less than 65. Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval (l0-0) Consent Agenda No Opposition Neal Reed (Modification of a Conditional Use Permit) Beach District The applicant is requesting a modification to the conditional use permit to allow renovation of the site and to construct a convenience store. The original request for the conditional use permit did not include a convenience store nor was a convenience store depicted on the site plan submitted with the original request; therefore, the conditional use permit must be modified. AICUZ is Greater than 75 and APZ 2. Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval (10-0) Consent Agenda No Opposition November 18,2008 ,II II III - 11 - C IT Y MANA G E R 'S B R IE FIN G PLANNING ITEMS PENDING ITEM # 58217 (Continued) Joyce Lee Crumble (Subdivision Variance) Beach District The applicant is requesting a Subdivision Variance to allow use of an existing parcel for a single-family dwelling. The parcel was created by deed in 1980, and is thus not a legal lot for the purposes of the Subdivision Ordinance. The lot does not meet the required lot width for the R-7.5 Residential District. Thus, a Subdivision Variance must be obtained before the lot can be recorded and built upon. AICUZ is Greater than 75 and APZ 2. Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval (10-0) Consent Agenda No Opposition City of Virginia Beach An Ordinance to amend Section 211 of the City Zoning Ordinance (CZO) by allowing certain temporary signs in all zoning districts City of Virginia Beach An Ordinance to amend Section 203 of the City Zoning Ordinance (CZO) pertaining to parking requirements in the B-3A Pembroke Central Business Core District City of Virginia Beach An Ordinance to adopt the Resort Area Strategic Action Plan as an Appendix to the Comprehensive Plan November 18, 2008 II I II - 12 - CITY MANA GER 'S BRIEFING PLANNING ITEMS PENDING ITEM # 58217 (Continued)) 1000 Great Neck Road, LLC (Modification ofa Conditional Use Permit) Lynnhaven District The applicant requests a modification of the existing Conditional Use Permit for a church to allow for expansion of the parking lot. The applicant acquired an additional parcel adjacent to Great Neck Road and desires to expand the parking lot onto this parcel. AICUZ is Less than 65. Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval (10-0) Consent Agenda No Opposition December 9, 2008 501 22nd Street (Conditional Rezoning) Beach District The applicant proposes to rezone the property, currently zoned A-12 to Conditional RT- 3 Resort Tourist Districtfor the purpose of using the existing single-family dwelling for a custom countertop showroom and office. The applicant intends to maintain the exterior of the existing structure as a house and add a parking lot for eight (8) vehicles on the rear of the lot. The interior of the dwelling will be renovated to resemble a model home with high end kitchens and custom bathrooms. Customer traffic will be by appointment only. AICUZ is 65 to 70. Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval (10-0) Consent Agenda No Opposition November 18. 2008 ill II III - 13 - C IT Y MANA G E R 'S B R IE FIN G PLANNING ITEMS PENDING ITEM # 58217 (Continued) Bukola Oduyelu, DDS (Rezoning) Princess Anne District The applicant proposes to rezone the existing R-20 property to 0-1 Office to build an office for his dental practice. The design of the dental office is a transitional style with a mansard architectural grade shingled roof and masonry exterior. The building is designed as one-story with a small second floor office space. AICUZ is 70 to 75. Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval (10-0) There was opposition. Mr. Whitney advised the site plan depicted a second building in the rear, which was the subject of discussion and a source of concern relative the opposition. Mr. Whitney believes the applicant will modify the application and reduce the impact by eliminating the second structure (triangular shaped building) and the parking which would have been required. Agape Full Gospel Deliverance and Worship Center Kempsville District The applicant requests a Conditional Use Permit for a church in a portion of an existing building located on Indian River Road. There are a total of 80 members A portion of the building is under renovation for a Daycare facility, unrelated to the church, which is a permitted "by-right" use. The church plans to utilize an approximate 2,000 square foot unit that includes the sanctuary, administrative offices, a media room, a kitchen, a fellowship hall, the pastor's study and two (2) restrooms. No exterior alterations are proposed. AICUZ is Less than 65. Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval (10-0) There was No Opposition. Consent Agenda November 18, 2008 ,II II II - 14 - C IT Y MANA G E R 'S B R IE FIN G PLANNING ITEMS PENDING ITEM # 58217 (Continued) Military Aviation Museum Princess Anne District The currently requested Modification to the existing Conditional Use Permit proposes an expansion to the museumfor five (5) additional structures, with parking, and an expansion to the existing parking lot. Thefive (5) buildings include: a restored "Cottbus" German hanger originally built in 1939; a restored British control tower circa 1941; a replica World War I hanger; a 15,000 square foot maintenance building; and, a 10,000 square foot storage building for equipment, parts, and supplies. It is anticipated that the proposed replica World War I hanger will house up to 14 World War I airplanes. AICUZ is Less than 65. Evaluation and Recommendation Planning Staff recommends approval Planning Commission recommends approval (10-0) There was opposition. Council Lady Henley has requested further information as there were concerns of the neighbors. Council Lady Henley advised there is no application similar to this in the City. Mr. Whitney advised the Planning Commission included two (2) or three (3) additional conditions re,\ponding to some of the concerns of the Opposition re landscape buffering along the Northern property line and the elimination of any future potential for access to the rear of the airfield from Baum Road. There was extensive discussion re these issues. Councilman Villanueva advised there are some communities in Florida with a similar concept. Mr. Whitney advised this is a private collection and not open to general aviation activity. Additional data will be provided re operation. November 18, 2008 ,II II III - 15 - CITY COUNCIL LIAISON REPORTS 2:15 P.M. ITEM # 58218 Councilman Villanueva, Technology Liaison, distributed his report, which is hereby made a part of the record. 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. Present Status System integration testing is complete Parallel payroll testing is underway. The first two parallel payrolls have been successfully run; payroll data will be keyed into the Oracle test system by distributed departmental Payroll and Leave Clerks for the third parallel payroll test. January 1, 2009: New System Launch Enterprise Storage System (SAN) ($210,000) The City's Storage Area Network is a critical component of the City's computing infrastructure. It is the repository for the vast majority of the City's electronic data including enterprise and departmental application databases, email databases and mot departmental shared files. The existing SAN is quickly reaching capacity and rapidly reaching its end of life as high demand projects such as the Revenue, Assessment and Collection System, Departmental SQL Server databases and other departmental applications are being brought online. A cost-benefit analysis showed that moving to a newer and more fault tolerant system would not only add significant storage capacity and new technical capabilities, but would also reduce the overalllifecycle cost to the City by $52,000. The SAN was upgraded from two (2) separate devices to a clustered model. Enterprise High Speed Printing Equipment Replacement Installation of the equipment and implementation of new workflow/process capabilities are complete, with a $12,000/year reduction in operating costs achieved. This project also resulted in technical, service and business process enhancements that were not available previously. SDS Parcel Analyst ($1,195) The Department of Management Services has a new tool for performing real estate based revenue analysis. Parcel Analyst, by Strategic Data Solutions (SDS), brings City GIS and real estate information together and allows an analyst to view property values and characteristics on an interactive map of Virginia Beach. Data is updated nightly so that current information is available for analysis. The tool puts the control of selecting parcels on a map and producing reports on real estate information in the hands of the Analyst. November 18,2008 i i II - 16 - CITY COUNCIL LIAISON REPORTS ITEM # 58219 Councilman Villanueva advised out of 120,000 e-mails which arrive at the City each day, 80% are scanned messages: 67% of this mail is blocked at the server and never reaches the employee, and, 15% is delivered to the individual AS Junk mail. Council Lady Henley expressed concern tht some of the e-mail delivered is "junk" and believes the scan system could be improved. ITEM # 58220 Council Members Villanueva and Dyer, Liaisons to the Minority Business Council, welcomed several hundred Minority Businesses and Women Owned Businesses to the Tenth Annual Conference and Expo, Thursday, November 13, 2008, 2:00 P.M., Convention Center. Awards were presented in the following categories: Small, woman- and minority-owned business awards to vendors or contractors who have made outstanding contributions to the City of Virginia Beach Diversity Champion Award to large businesses/prime contractors who demonstrate an increasing utilization of woman- and minority-owned businesses Exceptional Achievement Awards to individual staff members and/or City departments who made noteworthy contributions to the City of Virginia Beach's Small, Woman and Minority-Owned Business Program in any aspect. ITEM # 58221 Open Space Program and Funding, Council Lady Henley, Liaison, distributed the report. Present status of Open Space Program Funding Twenty-two (22) sites equaling 1,810 acres acquired since 2000 under the Open Space Program Site Acquisition Capital Improvement Program (CIP) project. As of November 14, 2008, there is $6.14-MILLION unspent appropriations available form both CIP 4.004 and CIP 4.070 Open Space Program Site Acquisition accounts- Phase I and II, considering funds "reserved" for sites are pending acquisition $2. 31-MILLION of $6. 14-MILLION for Agricultural Reserve Program eligible areas. The funds "reserved" for acquisition include costs related to acquiring one hundred fifty-four (154) acres on seven (7) sites as well as other expenses related to the Open Space Program. Marshview Site, Marshview Drive, 82 acres on Lake Rudee Commonwealth of Virginia Property, 900 Block of General Booth Boulevard 4300 Block Virginia Beach Boulevard on Thalia Creek 500-Block South Lynnhaven Road Virginia Power Right-of-Way Lake Lawson Phase II (City of Norfolk) Thalia Creek Greenway parcels November 18.2008 II - 17 - CITY COUNCIL LIAISON REPORTS ITEM # 58222 Councilman DeSteph, Liaison - Bikeways and Trails Advisory Committee, referenced the impressive presentation by Public Works concerning the Improvement Program on West Neck Road and Indian River Road and how this affects the on-road bicycle trails through that portion of the City. November 18,2008 II - 18 - CITY COUNCIL COMMENTS 2:25 P.M. ITEM # 58223 Mayor Oberndorf advised seven (7) Mayors were chosen by the U.S. Conference of Mayors to participate in a delegation to Saudi Arabia, November 6 thru 13, 2008. Mayor Oberndorf advised this was at the expense of the Saudi government. Mayor Oberndorf was the only woman chosen to participate. Their hospitality was "par excellence ". She visited with the Crown Prince of Saudi, as the King was in Washington, D. C. The representatives advised when the United States has a "sneeze" in the economy, the rest of the World catches pneumonia. The government was interested in knowing when there would be a stabilization of the American economy. The delegation visited their oil field. As the sun goes down, the white powder sand turns into a burnished gold. The young engineers advised they have attended Stanford University, University of Virginia and Harvard Law School. America '.I' education system is greatly admired. The children also advised of parents owning homes all over America. One of the Sheiks had bequeathed enough funding to construct a special school for the teaching and care of children who were mentally and physically challenged. November 18, 2008 I i II II - 19 - AGE N DA REV IE W S E S S ION 2:30 P.M. ITEM # 58224 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: K. ORDINANCES/RESOLUTION 1. Ordinance to AMEND 82-20 re time and place of regular Formal City Council meetings to set same as the 2nd and 4th Tuesday of each month. 2. Ordinance to AUTHORIZE the City Manager to modify the Beacon Exchange agreement, APPROPRIATE the funds and AUTHORIZE the Virginia Beach Development Authority (VBDA) to use EDIP funds for the Exchange 3. Ordinance to A UTHORIZE the City Manager to execute a five-year lease of City- owned property with Frank T. and Laura R. Mulcahy off Sheffield Court re maintenance needs of Pembroke Lake DISTRICT 4 - BA YSIDE 4. Ordinance to AUTHORIZE temporary encroachments into a portion of City owned property-Lake Wesley, for GARY W. LONDON and MARLETA K. LONDON, to construct and maintain a portion of afixed pier, a boat lift, an aluminum ramp, a floating pier and mooring piles at 468 Southside Road (DISTRICT 6 - BEACH) 5. A Resolution REQUESTING approval of the design for the SalemlPrincess Anne Road Intersection Improvement Project 6. Ordinance to ACCEPT and APPROPRIATE a Grant from the Virginia Departments of Forestry and Conservation and Recreation re an Urban Tree Canopy Analysis 7. Ordinance to ACCEPT a Grant for communications equipment from the Virginia Department of Emergency Management Grant Office to Communications and Information Technology (COMIT) 8. Ordinance to ACCEPT a donation of parts from FIREHOUSE SUBS PUBLIC SAFETY FOUNDA TION re public fire prevention education 9. Ordinance to ACCEPT and APPROPRIATE a Grantfrom the U S. Department of Homeland Security/FEMA Cooperative Agreement re activation of VA-TF2 Urban Search and Rescue Team for tropical storms and hurricanes 10. Ordinance to ACCEPT and APPROPRIATE a Grantfrom the us. Department of Homeland Security/FEMA re enhanced medical training and equipment re EMS "Four-for-Life" 11. Ordinance to ACCEPT a Grant from the Virginia Department of Health re medical services for the EMS Four-for-Life November 18, 2008 ,II II II - 20- AGE N DA REV IE W S E S S ION ITEM # 58224 (Continued) 12. Ordinance to ACCEPT and APPROPRIATE a Grantfrom the Virginia Department of Criminal Justice Services to the Police re terrorism deterrents 13. Ordinance to APPROPRIA TE a Grant from the DEA Shared Asset Special Revenue Fund to the Police Department re canines Item K.2 (Beacon Exchange agreement) will be DEFERRED, BY CONSENT, until the City Council Session of November 25, 2008. ITEM # 58225 Council Lady Henley referenced Item K.5 on the City Council Agenda. A Resolution REQUESTING approval of the design for the SalemIPrincess Anne Road Intersection Improvement Project During the past ten (10) days, there have been some major accidents on both Salem and Princess Anne Roads, which resulted in fatalities. These are some very challenging roads in this City. As the road building funds will be scarce during the next few years, it will not be possible to conduct many upgrades. Council Lady advised of the request by the Currycomb residents for either a traffic light or lowering the speed limit. ITEM # 58226 Councilman Diezel referenced the item requested by Sheriff Lanteigne and requested this item be ADDED to the Agenda: Resolution requesting reimbursement from the Commonwealth of Virginia for twenty-jive percent (25%) of the construction costs for a new Multi-Use Correctional Facility Sheriff Lanteigne advised a Community Based Corrections Plan was recently prepared for the Sheriff to determine the City's immediate and future bed requirements for the Correction Center. The study concluded the City needs a 250-bed stand-alone facility to house minimum security, work release, work- crew and weekender inmates to assist in alleviating overcrowding in the existing Correctional facility. The facility would replace the recently closed Annex facility and would be used as an emergency shelter for the City in the event of pandemic or emergency needs. State law provided the Commonwealth will re imburse up to one-fourth of the capital costs for jail construction, subject to approval by the Board of Corrections. To be in que for this reimbursement from the State, as tomorrow the Virginia State Corrections conducts its last meeting until March, the Legislators have advised this Resolution should be considered today. Sheriff has also received a letter from the Criminal Justice Services Board stating approval and this will be personally delivered tomorrow, November 19, 2008. November 18, 2008 I i II II - 21 - AGE N DA REV IE W S E S S ION ITEM # 58227 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: L. PLANNING 1. Application of CHRISTINE PINKSTON for a Conditional Use Permit re a residential kennel at 1428 Princess Anne Road. DISTRICT 7 - PRINCESS ANNE 2. Application ofTANIKA DRAWHORNfor a Conditional Use Permit re a home daycare at 811 Admissions Court. DISTRICT 2 - KEMPSVILLE 3. Application ofT-MOBILE NORTHEAST, I.I.Cfor a Conditional Use Permit re a communication tower at 2224 Greenwell Road. DISTRICT 4 - BAYSIDE 4. Application of ARGOLD DAM NECK, I.L.C for a Change of Zoning District Classification (COZ) from R-15 Residential District and AG-1 Agricultural District to Conditional R-7.5 Residential District at Dam Neck Road and Southcross Drive to develop single-jamily dwellings. DISTRICT 7 - PRINCESS ANNE 5. Ordinance to AMEND the Comprehensive Plan and incorporate the 2008 OUTDOOR PLAN as an appendix Council Lady Wilson will vote a VERBAL NAY on Item L.2. (TANIKA DRAWHORN) Item L.4 (ARGOLD DAM NECK, L.I.C) will be DEFERRED, BY CONSENT. until the City Council Session of November 25,2008. City Council RECESSED at 2:51 P.M., to CONVENE the CITY COUNCIL/SCHOOL BOARD BRIEFING re the ANNUAL FIVE-YEAR FORECAST in Building 19. November 18,2008 I, II - 22 - Mayor Meyera E. Oberndorf called to order the CITY COUNCIL/SCHOOL BOARD BRIEFING re the ANNUAL FIVE- YEAR FORECAST in Building 19. at 3: 15 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 Ron A Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: John E. Uhrin [Out of the City: Marriage/Honeymoon.} School Board Members Present: Rita Sweet Bellitto, William J Brunke, IV, Todd C. Davidson, Emma L. Davis, Chairman Daniel D. Edwards, Edward Fissinger, Sr., Dan R. Lowe, Carolyn D. Weems Patrick Salyer - School Board-Elect School Board Members Absent: Patricia Edmondson, Sandra Smith-Jones and Michael W. Stewart School Board Administration: Dr. James G. Merrill, Superintendent, Farrell E. Hanzaker, Chief Financial Officer November 18. 2008 ,II II III - 23 - CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE-YEAR FORECAST FISCAL YEARS 2010 THROUGH 2014 3:15 P.M. ITEM # 58228 Catheryn Whitesell, Director - Management Services, advised this Forecast has been difficult due to the turbulence in the overall economy. The Forecast depicts a substantial deficit driven predominateZv by lower revenues, not rising costs. . The FY 2010 Deficit City Schools $ 38.3 $ 42.9 Total Deficit: $ 81.2 Currently - . Real Estate taxes expected to be $22.2-MILLION under budget . Personal Property taxes may miss budget by $16.5-MILLION . Business Licenses may be $4. 7-MILLION short . State revenues are estimated to be $17.5-MILLION less than the FY 2010 budget The City should not feel alone. Nearly every area community and many states are facing these same economic forces. As the economy continues to worsen, there is more discussion of government layoffs, elimination of programs, tax increases, furloughs and elimination of capital projects. Virginia Beach has not yet instituted any of these. Cities and Counties with similar shortfalls include: Tucson. Phoenix, Norfolk, Philadelphia, Atlanta. Los Angeles, Prince William County; Arlington; Fairfax and Loudon County. Even States, like Georgia, California, and Oregon, are facing these same forces. So many state and local governments are in this situation and several are seeking assistance from the Federal Government. Forecasting in Turbulence . History provides limited guidance . Unprecedented involvement by the Federal Government in financial markets . Municipal and State budgets across the country are struggling - we are not alone . Ongoing wars - impact on Military deployments & spending Forecasting in Turbulence-Seek Advice: . Leading Economists . Regional City Managers . Regional Budget and Finance Directors . Experts in the field . Research; Research; Research November 18. 2008 ;1 II - 24- CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE-YEAR FORECAST FISCAL YEARS 2010 THROUGH 2014 ITEM # 58228 (Continued) The Virginia Department of Finance utilizes a U shaped model of the economy to describe the current environment. The red arrow illustrates a steep decline in the economy and in turn local revenues, but a relatively quick recovery. After discussions with the economists in October, the "U" is probably broader and the recovery longer in coming. However, this forecast and the responses crafted will be reflective of how City Council and the Virginia Beach School Board see this model. Where are we on the curve? Ifwe think we are nearing the bottom and should be improving by 2010 or 2011 then we need to take short term steps to balance the budget. If we think we are still falling or that recovery will not be until 2012 and beyond, then long term strategies to balance, might need to be implemented. What We "Know"- . Regionally residential housing value may continue to decline by 3 to 5% . Homeowners have become used to using their homes as an "ATM" . Sales will be weak at least through 2009 . Businesses will continue to struggle . Inflation should remain low - deflation may be the norm . Demand for City and School services increase as the economy worsens November 18,2008 ill II II - 25 - CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE-YEAR FORECAST FISCAL YEARS 2010 THROUGH 2014 ITEM # 58228 (Continued) Relative housing, the City is for the first time since 1993 seeing a real decline in the median assessed values of homes in the City. For FY 2010 total assessments are expected to decline by 3%. Home values are projected to decline by 5% with commercial and new construction bringing the average back up to a 3% decline. For the Forecast, the City is projecting that assessments will not increase in FY 2011, but there is some concern that this may still be too optimistic and further erosion of home values could occur in the second Fiscal Year. The good news is that foreclosures, while up substantially, are still far below historic levels. Currently,. there are roughly 600 homes in foreclosure, 160 in pre-foreclosure status and an additional 273 in auction status. This equates to less than %% of the total homes in Virginia Beach are in some state of foreclosure, hardly a "foreclosure rich environment" as recently quoted by Forbes Magazine on its web site. In Phoenix, Arizona, over 25,000 homes are inforeclosure (4 %% of their total homes). As the graph depicts, assessments are predicted to drop by 3% on average, taking total real estate tax revenue down to that level as well. The City is projecting FY 2011 will stabilize at that lower level, but there is a real chance that there may be further erosion of the housing market into 2011 as home prices continue to decline. After that point revenue growth is expected to begin to reach historic levels based on the recovery of the overall economy. November 18,2008 II - 26- CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE-YEAR FORECAST FISCAL YEARS 2010 THROUGH 2014 ITEM # 58228 (Continued) 0.0% -10.0% -20.0% -30.0% ('f) "<t LO co t-- co 0) 0 ..- N ('f) "<t LO co t-- 0) 0) 0) 0) 0) 0) 0) 0 0 0 0 0 0 0 0 0) 0) 0) 0) 0) 0) 0) 0 0 0 0 0 0 0 0 ..- ..- ..- ..- ..- ..- ..- N N N N N N N N Source: Virginia Autorrobile Dealers Association As this graph illustrates, new car registrations continue to decline as national concerns over the stability of the big three auto makers, gasoline prices and overall economic concerns for families keep consumers from replacing older vehicles. November 18,2008 II - 27- CITY COUNCIL/SCHOOL BOARDBRIEFING FIVE-YEAR FORECAST FISCAL YEARS 2010 THROUGH 2014 ITEM # 58228 (Continued) In addition to the decline in new car sales, SUVs and pickup trucks are losing value. As this graph illustrates, we areforecasting a decline of$16-MILLION in revenue in FY 2010 with a slight recovery in FY 2011 and beyond as consumers need to replace older vehicles. 120.0 105.0 90.0 75.0 60.0 45.0 30.0 @ ~ ~ ~ ~ ~ ~ ~ ~ ~ i i ~ Source: The Conference Board Consumer confidence continues to erode as the economy worsens, people grow concerned for their jobs as housing and retirement values decline. This decline in confidence will affect tourism, sales and businesses November 18, 2008 I I - 28 - CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE-YEAR FORECAST FISCAL YEARS 2010 THROUGH 2014 ITEM # 58228 (Continued) November 18, 2008 II - 29- CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE-YEAR FORECAST FISCAL YEARS 2010 THROUGH 2014 ITEM # 58228 (Continued) The average taxpayer should pay approximately $179 less in taxes to support City and School services November 18,2008 ,II II II - 30 - CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE-YEAR FORECAST FISCAL YEARS 2010 THROUGH 2014 ITEM # 58228 (Continued) Farrell E. Hanzaker, Chief Financial Officer - Virginia Beach City Public Schools. addressed the Schools Forecast. Relative the decline in student enrollment, Elementary enrollment actually increases by 134 students. November 18,2008 Ii II II - 31 - CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE-YEAR FORECAST FISCAL YEARS 2010 THROUGH 2014 ITEM # 58228 (Continued) Catheryn Whitesell, Director - Management Services, advised relative the $38-MILLION shortage projected on the city-side, $25.4-MILLION is a local tax loss. Beyond the City's share of the City-School Revenue Sharing Formula, approximately $4.6-MILLION in revenue is declining. These include revenue tied to housing, such as deeds and building permits. Tourism revenues are expected to make current FY 2010 estimates, assuming that gasoline prices stay down and the weather is good. Since Virginia Beach is a drive-to destination, this City may be viewed as a less expensive vacation alternative. November 18,2008 II - 32 - CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE-YEAR FORECAST FISCAL YEARS 2010 THROUGH 2014 ITEM # 58228 (Continued) On the expenditure side, the forecast assumes the continuation but not expansion, of current programs and that staff will only be added for a new facility planned in 2011, the Joint Use Library (scheduled to open that year). Given the revenue situation, it will be extremely difficult to add staff in the near term. Compensation increases at 2.5% of payroll each year of the Forecast. Retirement and Health insurance costs are forecast to remain at 2009 levels. With Virginia Retirement System costs, this could prove difficult as the State retirement system tries to recoup losses from the stock market decline. City Forecast Over Next 5 Years - 51.100 ~~ c:::J Expenditures - Revenues r~~- - $38.3 -- !!!!!!!! ~ million { = I I $1000 5900 en c 0 5800 2: $700 5600 5500 2009 Budget 2010 Budget 2011 2012 2013 2014 As the graph illustrates, the FY 2010 budget has a $38.3-MILLION shortfall that will need to be closed to balance. If real reductions in the cost of services, or variety of programs, are made, elimination of this $38.3-MlLLION short all will reduce the uture years de ,cits in e ect closin the out ear gaps. November 18,2008 Ii II II - 33 - CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE-YEAR FORECAST FISCAL YEARS 2010 THROUGH 2014 ITEM # 58228 (Continued) Combined the City and Schools are $81.2-MILLION out of balance with the FY 2010 Budget adopted last May. Changes in the economy have significantly changed revenue projections and the State's budget shortfall may further impact this problem. Without any corrective steps, this shortfall will grow to just over $100-MILLION by FY 2012 when expected improvements in the economy will reduce the remaining deficits. Threats to This Forecast . Length and severity of economic downturn . State budget . Energy and other cost drivers . Maintenance/replacement of infrastructure . Changes in Military spending Given the volatile nature of the economy, there are several threats to this Forecast which could drive the shortfalls deeper, obviously the length and severity of the economic downturn. If the City recovers relatively quickly, then substantial improvements could be seen in the revenue projections, however, it may be more likely that the recovery drags out over three or four years. The State Budget situation is again hinging on the economy and has real potential to change aid to both the City and Schools which will impact specific programs at times their service demand may be rising. Energy costs and infrastructure backlogs could force increases in the cost to deliver services to the community. One large threat is the continued lack offundingfor transportation state-wide. The City now has bridges being closed rather than repaired, roads with maintenance rating of "D" or worse and congested arterials with no sign of relief It may prove impossible for the State to deal with this crisis until the economy improves and locally we will be limited as well. Options to Balance FY 2010- . Reprioritize/reduce/eliminate programs and services . Revisit long-term program financing strategies (open space; TGIF; major projects) to align funding with program need . Scale back pay and benefits . Look at scaling back CIP and reducing pay-as-you-go funding . Use fund balances in various funds to bridge funding of programs/CIP . Examine revenue options . Work with General Assembly members to avoid deepening the impact on local community services, to increase flexibility and reduce the impact November 18,2008 Iii i II - 34 - CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE-YEAR FORECAST FISCAL YEARS 2010 THROUGH 2014 ITEM # 58228 (Continued) Conclusions . Given the turbulence in the economy, from housing to stimulus packages, there is the potential for a wide range of discussions on the assumptions of this Forecast. Change the assumptions and you change the Forecast. However, all trends are pointing to lower revenues and rising costs. The question is how much... and what do we do about it. . We will have a balanced budgetfor FY 20101 Although hard choices lay ahead There is room to debate the assumptions made in this Forecast, both revenues and expenditures. How items such as stimulus packages, financial bailouts, deflation and housing concerns will affect the local economy are all at this point subject to differences of opinion. However, all trends are pointing to lower revenues and rising costs. At some point, we are discussing orders of magnitude. School Board Member Edward Fissinger, Sr. expressed concern; the Forecast might not have been conservative enough, as the housing market faces a demographic trend to downsize the function of lending and will probably not recover for the next four to five years. Mr. Fissinger believes deflation in non-commodity items is a real possibility. Councilman Villanueva advised when the Virginia Beach City Council and School Board met with the General Assembly, November 12, 2008, Senator Wagner eluded to providing innovative suggestions re policies. Chairman Edwards inquired if the projections included the Capital Improvement Program recently adopted. Ms. Whitesell advised the Forecast focuses on the Operating Budget, but does impact the Capital Improvement Program in terms of the pay-as-you-go items. Debt service is covered. including both principal and interest payments for both the City and School system. Additional use of debt beyond what is included in the approved Capital Improvement Program, or any new added projects, enhancement or deletion of pay-as-you-go, is not covered. The City Manager advised another presentation on Transportation funding and prioritization will be provided. M,. Whitesell believed the first change in VRS will take place in 2011 and possibly again in 2013. Ms. Whitesell advised the Virginia Retirement System took approximately an $ll-BILLION "hit" in the stock market in terms of their actuarial positioning and VRS will have to make this up (assuming the stock market does not rebound sufficiently). Rate increases are expected. Ms. Whitesell will if this would place VRS below the 80% requirement level. M~'. Whitesell advised the City's departments are encouraged to save 1.25% of their current appropriations. There is a substantial increase in tax relief for the elderly program. The City Council/School. Board Five-Year Forecast ADJOURNED at 3:57 P.M. November 18, 2008 II II II - 35 - Mayor Meyera E. Oberndorf RECONVENED the City Council Meeting in the City Council Conference Room, Tuesday, November 18, 2008, at 4: 1 0 P.M, and called to order the Closed Session. 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, Ron A Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: John E. Uhrin [Out of the City: Marriage/Honeymoon.] November 18, 2008 II i i II - 36 - ITEM # 58229 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-3711(A), Code of Virginia, as amendedJor the following purpose: PERSONNEL MATTERS: Discussion, consideration oj. 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)(l) Council Appointments: Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLICLY-HELD PROPERTY: Discussion or consideration of the acquisition of real property for public purpose 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). 1 ih Street Property Beacon Land acquisition 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). Cape Henry Beach Cox Cable Petition for Determination of Effective Competition Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION at 4:10 P.M. November 18,2008 ,I, II - 37 - ITEM # 58229 (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, Ron A. Villanueva Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin (Closed Session: 4:10 P.M. - 5:35 P.M.) (Dinner: 5:35 P.M. - 5:55 P.M.) November 18, 2008 II i II - 38 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL November 18, 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 November 18,2008, 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 Ron A. Villanueva and Rosemary Wilson Council Members Absent: James L. Wood [Speaking at BaycliffCivic League *] John E. Uhrin [Out of the City: Marriage/Honeymoon.] INVOCATION: Pastor Greg Phelps Wave Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial") purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial, and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial. may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. November 18,2008 III II II - 39 - Cuuncil 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. *The City Clerk read into the record Councilman Wood's correspondence of November 18,2008 re his absence from Formal Session. "The Honorable Meyera E. Oberndorf Mayor City of Virginia Beach Re: Absenceform Formal Meeting on November 18,2008 Dear Mayor Oberndorf: "I will not be attending the Formal City Council meeting on November 18, 2008. I do plan to attend the workshop and closed session portions of the meeting. The Baycliff Civic League asked me to speak at their meeting several months ago. They changed their regular meeting to the Third Tuesday knowing that we only had workshops on those dates. Unfortunately, no one considered the fact that the first two meetings in November would be cancelled. Please make my apologies to the citizens and members of City Council. By copy of this letter, I am requesting the City Clerk make this letter a part of the official record of the meeting. Sincerely, Jim Wood Member, Virginia Beach Council Lynnhaven District" November 18, 2008 II i II .... City c>f Virgir1i.El. BeElcn JAMES L. WOOD COUNCILMAN - DISTRICT 5 - L YNNHAVEN PHONE: FAX: (757) 340-8411 (757) 340-2082 November 18,2008 The Honorable Meyera E. Oberndorf, Mayor City of Virginia Beach City Hall, Building 1 2401 Courthouse Drive Virginia Beach, Virginia 23456 RE: Absence from formal meeting on November 18, 2008 Dear Mayor Oberndorf: I \vill not be attending the formal City Council meeting on November 18, 2008. I do plan to attend the workshop and closed session portions of the meeting. The Baycliff Civic League asked me to speak at their meeting several months ago. They changed their regular meeting to the 3rd Tuesday knowing that we only had workshops on those dates. Unfortunately, no one considered the fact that the first two meetings in November would be cancelled. Please make my apologies to the citizens and members of Council. By copy of this letter, I am requesting the City Clerk make this letter a part of the official record of the meeting. Sincerely, od M ber, Virginia Beach City Council ynnhaven District 3778 PRINCE ANDREW LANE, VIRGINIA BEACH, VA 23452 Iii II - 40- Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 58230 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 8-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Dieze!, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: John E. Uhrin, Ron A. Villanueva and James L. Wood November 18,2008 II II II 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 #58229, Page 36, 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. NOW, 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. th Hodges Fraser, MMC ity Clerk November 18, 2008 III II - 41 - Item V-F.1 ITEM # 58231 Upon motion by Council Lady Wilson, seconded by Vice Mayor Jones, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of October 28,2008. Voting: 7-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Dieze!, , Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf and Rosemary Wilson Council Members Voting Nay: None Council Members Abstaining: Robert M Dyer Council Members Absent: John E. Uhrin. Ron A. Villanueva and James L. Wood Councilman Dyer ABSTAINED, as he was not in attendance during the City Council Session of October 28, 2008. His mother was ill and in the hospital. November 18, 2008 I ~ I I II - 42- Item V-G.] ADOPT AGENDA FOR FORMAL SESSION ITEM # 58232 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION ADDED: Resolution requesting reimbursement from the Commonwealth of Virginia for twenty-five percent (25%) of the Construction Costs for a new Multi-Use Correctional Facility November 18,2008 III II II - 43 - Item V-G.2 ADD-ON ITEM # 58233 Upon motion Vice Mayor Jones. seconded by Council Lady Wilson, City Council ADDED to the Consent Agenda as Item 14: Resolution requesting reimbursement from the Commonwealth of Virginia for twenty-jive percent (25%) of the Construction Costs for a new Multi-Use Correctional Facility Voting: 8-0 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 and Rosemary Wilson Cuuncil Members Voting Nay: None Council Members Absent: John E. Uhrin, Ron A. Villanueva and James L. Wood November 18, 2008 ,II II II - 44- Item V-G.l TOWN CENTER PHASE IV BRIEFING ITEM # 58234 6:07 P.M. Mark Wawner, Project Development Coordinator - Economic Development presented information concerning Phase IV of Town Center City Council's Strategy * Goal 2 - Grow and Diversify the Local Economy Top Five Objectivesfor the Year: - Business Retention and growth - Attract new businesses to diversify our economy - Develop Burton Station as a major business center - Expand Town Center - Expand military presence and military-related businesses *Council Retreat August 22 and 23, 2008 Town Center Development Recap · Phase I - Office Tower (Block 4) - Towne Bank (Block 5) - Hilton Garden Inn (Block 5 -176 rooms) · Phase II - 342-unit Cosmopolitan Apartments (Block 10) - Dick's Sporting Goods (Block 12) - 2-story retail/entertainment (Block 8 - Bravo!, Comedy Club, Ruth's Chris Steak House) - Restaurants (Block 3 - Cheesecake Factory, Keegan's) Phase III - 37-story Westin Hotel/condominium tower (Block 7) 236-roomfull service hotel (Floors 5 -15) 119 condos (Floors 16 - 36) + penth0 use/common area 32,000 sq. ft. retail - 56 condominiums, 14,000 sq. ft. groundfloor retail (Block 6) - Office Building, 116,000 sq. ft. (Block 5) November 18, 2008 Ii Ii II - 45 - Item V-G.] TOWN CENTER PHASE IV BRIEFING ITEM # 58234 (Continued) Town Center Master Plan II- I ...,.,,,,,,, III '''''.1'''''' III"'" - III-- III _...., '._- ,~ ...., """ '- Summary of Actions Phase I 12/9/99 03/6/00 12/12/02 Memorandum of Understanding First Development Agreement Purchased Block 4 Garage Phase II 11/30/01 06/17/03 01/25/05 12/29/05 Phase II Memorandum of Understanding Second Development Agreement Purchased Block 12 garage Purchased Block 10 garage Phase III 12/07/04 09/15/05 12/21/07 Term Sheet Third Development Agreement Purchased Block 7 garage Phase IV - March 4,2008 Public Briefing and approval of Term Sheet - Contingent on Beacon acquisition - Phase IV Term Sheet updating in progress November 18, 2008 II - 46- Item V-G.1 TOWN CENTER PHASE IV BRIEFING ITEM # 58234 (Continued) Phase IV was previously presented to Council March 4,2008 Block 2 Only (in millions) Public Private Block 2 Office Tower (332,134 sq ft) $72 - $82 Parking Garage (800 spaces) $22.7 - $28.9 Streetscapes 0.65 to 0.85 Public/Private Investment Ratio 1 to 3.0 Phase IV has been expanded to include Block 9, consisting of a 162 room Westin Aloft Hotel and 195 apartments. There is also 27,000 SF of retail on the 1stjloor (Anthropologie -10,000 square feet) Block 9 also includes a conference center expansion that doubles the available meeting space 2nd Floor Conference Space - Block 9 Block 2 contains a 20-story office tower with 332,134 SF, 32,632 SF of retail, and a 601-space, 5-Level Garage Private Sector Components in Phase IV include · A 20-story office tower on Block 2 - Office area: 332,134 SF - Groundjloor retail: 32,632 SF A 15-story building on Block 9 which includes: - Aloft Hotel (162 rooms) - Apartments (195 apartments) - Groundjloor retail (27,000 SF) Public Sector Components in Phase IV include A 601-space parking garage on Block 2 · A conference center expansion on Block 9 · Streetscapes · City will master lease 2 jloors in new 20-story office tower in Block 2 November 18, 2008 I I - 47- Item V-G.1 TOWN CENTER PHASE IV BRIEFING ITEM # 58234 (Continued) Summary of Private and Public Investments Phase IV (millions) Private Investment Office Tower (332k sf), Retail (33k sf) $85.5 Aloft Hotel (162 rooms), Apartments (195), & Retail (27k sf) 72.9 Total Private Investment $158.4 Public Investment Parking Garage (601 spaces) 36.3 Conference Center 18.6 Streetscapes ~ Total Public Investment $56.4 GRAND TOTAL $214.8 Public: Private Ratio for Phase IV 1 to 2.8 Patricia Phillips, Director of Finance, detailed information concerning the financing Phase IV is different than previous phases · City investment includes all land and platform costs to he repaid over 20 years In addition to the basic TIF of incremental real estate taxes, additional revenues are necessary to support costs: (1) Hotel taxes from the core area (excluding TGIF and TAP) will he added to the TIF (2) Guaranteed developer payments will he added to the TIF Armada Hoffler will repay $12.5-MILLION of the land and platform costs with guaranteed paymen~for20years: - Conference Center rent payments $450,000 per year - Conference Center profit sharing of $1.4-MILLION over 20 years - Guaranteed Lease of60-70 parking spaces in Block 2for $80,000 · Payments continue after land and platform costs recovered November 18,2008 ,II II II - 48 - Item V-G.I TOWN CENTER PHASE IV BRIEFING ITEM # 58234 (Continued) Why Invest in Phase IV? . Town Center has become an economic engine and community icon . Town Center is a vertical office park that has become an urban growth area, created with the City's partnering Corporate headquarters - Gateway/Bank of Hampton Roads and "Product" for Future Company Headquarters Opportunity for high paying jobs New Retailers - including Anthropologie Economic climate requires more investment to ensure continuation of economic growth for Virginia Beach · Location is strategic for City's future transportation plans Creates additional economic andfiscal impacts. For example, non-real estate taxes in core area were $5.2-MILLION in FY-08 Summary of Financial Principles 1. Project pays for itself with revenues generated by the project - Real estate tax incremental revenues 2. Hotel room taxes used to pay for Conference Center from Town Center hotels - Dedicated hotel tax in core area (excluding TGIF and TAP portions) from Hilton Garden Inn, Westin, and Westin Aloft - these are estimated to be $500,000 in FYI 0 and $765,408 per year in FYII-FY32 - allocation to TIF sunsets in 2025 3. Developer repays land and platform costs ($12.5-MILLLON) by a guarantee payment of $600,000 in annual revenues (Conference Center rent, profit sharing and parking) 4. $2-MILLION of EDIP funding for Conference Center 5. $1.5-MILLION of EDIP for streetscapes 6. Available revenues support debt service on costs financed November 18,2008 I ~ I II - 49- Item V-G.1 TOWN CENTER PHASE IV BRIEFING ITEM # 58234 (Continued) Town Center Phase IV Financing Process 1. Match debt service to available revenues in TIF - real estate taxes, hotel and developer payments 2. Issue 2-year Bond Anticipation Note (BAN) in 2010 Does not increase overall interest costs Reduces risk of shortfalls 3. Issue 20-year Public Facility Revenue bond in 2012 to retire the BAN 3. Projections indicate healthy fund balances in the TIF Fund, with lowest balance at $1.0 - $2.6- MILLION in 2023 Proposed Use of Bond Anticipation Notes for Phase IV of the Town Center Project1 and its affect on the TIF Fund Balance $70.0 $60.0 $50.0 $40.0 ~ $30.0 ~ :E $20.0 $10.0 $0.0 ~~1~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~ l:stIB Principal Issued (left axis) + Cumulati-.e TlF Surplus I (Deficit) 1Assumes $63.66 m BAN and $66.6 m Publio Faoiljty Revenue Bond (PFRB) to retire BAN "Bond Anticipation Notes Issued "Sond Antioipation Notes Repaid; Publio Facility Revenue Bonds Issued November 18, 2008 II - 50 - Item V-G.! TOWN CENTER PHASE IV BRIEFING ITEM # 58234 (Continued) Financing of Phase IV (millions) Proposed Project Cost EDIP Cash Financing - Conference Center - Streetscapes Public Costs Financed BAN Issuance Costs, Legal, Consultants FY10 Principal Amount of BAN (short term financing) Interest on BAN for 2 years @ 2.75% Public Facility Revenue Bonds Issuance Costs FY12 Principal Amount of PFRB (permanent financing) $56.4 -2.0 --.::.LQ $52.9 ~ $53.6 2.8 ~ $.5U Summary of the Town Center Project Financial Plan Phase I, Phase II, Phase III, and Phase IV (projected) (millions of dollars) Public Investment Public Parking Garages $22.5 $18.1 $ 16.9 $ 36.3. $ 93.8 Meeting Space, Connector, Plaza 0.5 0 99 18.6" 290 Infrastructure -CIP/EDIP Funded ----!U ~ ---12 ----M ----1Z2 Total Garage and Infrastructure - Public ~ ~ UM $ 56.4 $140.0 Total pnvate Investment: LM 1JI 1W! $158.4 $550,4 Public Private Ratio 1:3.2 1:3.8 1:7.0 1:2.8 1:3.9 Completion Date: Fall 2003 Winter 2005 Fall 2007 FY-11 .. Includes Land & Platform Costs November 18,2008 II II - 51 - Item V-G.1 TOWN CENTER PHASE IV BRIEFING ITEM # 58234 (Continued) Phase IV Garage acquisition and operation will mirror existing garages at Town Center Phase IV is contingent on the completion of Beacon land exchange Capital maintenance of $150,OOO/yr for additional conference space, as in original Westin conference space · City will master lease 2 floors Block 2 Next Steps 1. Virginia Beach Development Authority to acquire Beacon Building (Block 2) 2. Consider Phase IV Development Agreement - December 9th meeting by City Council 3. Virginia Beach Development Authority consideration December 16th meeting 4. Construction of improvements -Completion estimated approximately 2 years after acquisition of Block 2 and Block 9 Mrs. Phillips foresees another $l-MILLION traditional General Fund revenue over and above the $5.2-MILLION generated as a result of the Phase IV development November 18,2008 II II II - 52 - Item V-I.l. PUBLIC HEARING ITEM # 58235 Mayor Oberndorf DECLARED A PUBLIC HEARING: LEASE OF CITY-OWNED PROPERTY - Sheffield Court Frank and Laura Mulcahy, 600 Sheffield Court, Phone: 499-6699, proposed Lessees of the City owned property, spoke in support. There being no further speakers, the Mayor CLOSED THE PUBLIC HEARING. November 18.2008 ill II II - 53 - Item V-K. ORDINANCES/RESOLUTION ITEM # 58236 Upon motion by Vie Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED in ONE MOTION Items 1,2 (DEFERRED), 3, 4, 5, 6, 7,8,9,10,11,12,13 and 14 (ADD-ON) of the CONSENT AGENDA. Vuting: 9-0 (By Consent) Cuuncil 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, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: John E. Uhrin and James L. Wood Item 2 (Beacon Exchange) will be DEFERRED, BY CONSENT, until the City Council Session of November 25, 2008. November 18, 2008 ,I I I II - 54 - Item V-K.i. ORDINANCES/RESOLUTION ITEM # 58237 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AMEND 92-20 re time and place of regular formal City Council meetings to set same as the 2nd and 4th Tuesday of each month. Voting: 9-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf. Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: John E. Uhrin and James L. Wood November 18,2008 II REQUESTED BY COUNCILMEMBER DYER 1 AN ORDINANCE TO AMEND SECTION 2-20 2 OF THE CITY CODE PERTAINING TO TIME 3 AND PLACE OF REGULAR CITY COUNCIL 4 MEETINGS 5 6 SECTION AMENDED: S 2-20 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 2-20 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 2-20. Time and place of regular meetings. 15 16 (a) Regular formal meetings of the council shall be held in the Council Chambers 17 of the City Hall Building, Municipal Center, Virginia Beach, Virginia, on the flfst.;- second 18 and fourth Tuesdays of each month at 6:00 p.m., unless such date shall fall upon a legal 19 holiday, in which C3se the meeting sh311 be held on the next succeeding d3Y 'Nhich is 20 not 3 holid3Y 3nd 3t the S3me hour, except 3S otherwise provided by speci31 resolution 21 of the council. However, in July and December of each year, regular meetings shall 22 instead be held on the first two (2) Tuesdays of the month at 6:00 p.m. No meetings 23 Sh311 be held on the third 3nd fourth Tuesd3Ys in December. The council may also 24 convene informal meetings on the dates of regular formal meetings at such times as the 25 council may deem appropriate, and on the first and third Tuesday of every month except 26 July and December from 4:00 p.m. to 6:00 p.m. Informal meetings, which shall be held 27 in the Council Conference Room adjacent to the Council Chambers and at which no 28 votes shall be cast, shall be for the purpose of discussing matters of interest to the 29 council, and receiving briefings/reports from the city manager, city staff and city boards, 30 commissions, committees and other city agencies. The city manager shall notify the 31 public of the times of such informal meetings in advance thereof. 32 33 (b) To accommodate citizen participation in public hearings, the council may by 34 resolution convene any council meeting at such public facility in the city that will in the 35 judgment of city council accommodate the citizens; provided, however, that notice shall 36 be provided to the press and public by the city manager. 37 38 (c) Pursuant to section 2-56. the City Clerk shall prepare official minutes of all 39 formal and informal meetinqs of the council. Additionallv. all formal and informal 40 meetings of council held in either the Council Chambers or the Council Conference 41 Room shall be cablecast live-,-, with the exception of the inform31 meeting~ held on the 42 first and third Tuesd3Y of each month from 4:00 p.m. to 6:00 p.m. 'h'hich Formal and 43 informal meetinqs held at a different location pursuant to subsection (b) shall be II 44 recorded on audiotape for later cablecast. Notwithstandinq the above. the inoperability 45 or other technical malfunction of cablecastinq or video recordinq of a meetinq shall have 46 no effect on the validity of either the meetinq or any action taken durinq the meetinq. 47 The effective date of this ordinance shall be January 1, 2009. Adopted by the City Council of the City of Virginia Beach, Virginia, on this ..1.1ll.h day of NmTPmhpr ,2008. APPROVED AS TO LEGAL SUFFICIENCY: /<~~~ City Attorney's Offic CA 10875 R-5 November 12,2008 II I' II - 55 - Item V-K2. ORDINANCES/RESOLUTION ITEM # 58238 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED until the City Council Session of November 25, 2008: Ordinance to AUTHORIZE the City Manager to modify the Beacon Exchange agreement, APPROPRIATE thefunds andAUTHORIZE the Virginia Beach Development Authority (VBDA) to use EDIP funds for the Exchange Voting: 9-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: John E. Uhrin and James L. Wood November 18, 2008 II I! II - 56 - Item V-K.3. ORDINANCES/RESOLUTION ITEM # 58239 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AUTHORIZE the City Manager to execute a five-year lease of City-owned property with Frank T. and Laura R. Mulcahy off Sheffield Court re maintenance needs of Pembroke Lake DISTRICT 4 - BAYSIDE Voting: 9-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: John E. Uhrin and James L. Wood November 18, 2008 I I I II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE FOR FIVE YEARS WITH FRANK T. AND LAURA R. MULCHAHY, HUSBAND AND WIFE, FOR 1.3 ACRES OF CITY-OWNED LAND LOCATED OFF SHEFFIELD COURT IN PEMBROKE MEADOWS WHEREAS, the City of Virginia Beach ("the City") owns 1.3 acres of land located off Sheffield Court in the Pembroke Meadows subdivision in Virginia Beach, Virginia (the "Premises"); WHEREAS, the City's only present use of the Premises is for access to a spillway and serving the maintenance needs of Lake Pembroke; WHEREAS, Frank T. and Laura R. Mulcahy, husband and wife, own and reside on a lot adjacent to the Premises and have agreed to pay the City $100.00 per year for the use of the Premises for a five-year period; WHEREAS, Frank T. and Laura R. Mulcahy, would like to enter into a formal lease arrangement with the City for use of the Premises; WHEREAS, the Premises will be utilized by the Mulcahys for passive recreation, picnic and neighborhood functions and for civic league organization functions and for no other purpose; and WHEREAS, the City shall retain rights to enter upon the Premises without prior notice to the Mulcahys for emergency or public necessity reasons; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute a lease for the term of five years, between Frank T. and Laura R. Mulcahy, husband and wife, and the City, for 1 .3 acres of land located off Sheffield Court in the Pembroke Meadows subdivision in Virginia Beach, in accordance with the Summary of Terms attached hereto and such other terms, conditions or modifications as may be acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the1 8 th day of Nnvpmhpr , 2008. I I II APPROVED AS TO LEGAL SUFFICIENCY AND FORM CitY~ CA 10769 v :\applications\citylawprod\cycom32\ WpdocsID004\P003\000714 77 .DOC R-1 November 7,2008 APPROVED AS TO CONTENT ~42hL Manage nt S rvlces II. I II SUMMARY OF TERMS Lease With Frank T. and Laura P. Mulcahy for a 1.3-acre City-owned Lot in Pembroke Meadows Subdivision in Virginia Beach, Virginia LESSOR: City of Virginia Beach LESSEE: Frank 1. and Laura R. Mulcahy PREMISES: 1.3 acre lot located in the Pembroke Meadows Subdivision in Virginia Beach, Virginia (GPIN 1477-69-9678) TERM: 60 months: December 1, 2008 through November 30, 2013 RENT: $100 per year RIGHTS AND RESPONSIBILITIES OF LESSEE: . Use leased property solely for passive recreation, picnic and other neighborhood functions and for civil league organization functions and for no other purpose. . Maintain leased property. . Purchase commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: . Reserve the right to grant easements and rights-of-way across or upon the leased property for streets, alleys, public highways, drainage utilities, telephone and telegraph transmission lines, pipelines, irrigation canals and similar purposes. . Reserve the right to enter upon the leased property without notice to the Mulcahys for access to the spillway and for emergency and public necessity purposes. TERMINATION: City may terminate the Lease by giving thirty (30) days' written notice. V:lapplicationslcilylawprodlcycom32lWpdocslD007lP004100071791. DOC II II II THIS LEASE AGREEMENT ("Lease"), made this day of ,2008, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as "City" or "Lessor," and FRANK T. and LAURA R. MULCAHY, husband and wife, 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 property (the "Property") shown as shaded area on the map labeled "Exhibit A" attached hereto. 2. RENT. That for and in consideration of the sum of $100, per year, for five (5) years, payable either in a lump sum or in equal annual payments of $100.00 no later than the 5th of each December, 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 five years commencing December 1, 2008 and expiring November 30, 2013. 4. USE OF PROPERTY - PURPOSES; AS-IS; JOINT AND SEVERAL LIABILITY. Lessee covenants that the Property shall be used solely for picnic and other neighborhood functions. Lessee shall maintain the Property in a reasonable and proper manner. Lessee will allow civic league organizations to use Property. No vehicles will be stored on the Property. 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 I III II termination. The Property is leased by Lessor to Lessee lias is," and the sole responsibility for the maintenance and upkeep of the Property shall be with Lessee. Each and every of the persons named above as Lessee shall be bound jointly and severally by the terms, covenants and agreeme nts contained herein. 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 which 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 shall 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 takes possession of the Property; (b) reenter and repossess the Property and lock out the Lessee; and/or (c) cure the breach or default at Lessee's sole 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. 2 I[ III II 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 refunded. 7. Lessee will keep all equipment and improvements, if any, placed upon the Property by Lessee, in a safe, clean, and orderly condition; will 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 foregoing. 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, then 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. 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, 3 Ii II II public highways, drainage, utilities, telephone and telegraph transmissions lines, pipelines, irrigation canals, and similar purposes. 9. INDEMNIFICATION/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 cia ims, 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, shall be acceptable to Lessor, and shall carry the provision that the insurance will not be canceled or materially modified without thirty days (30) prior written notice to Lessor. Lessee shall provide Lessor a certificate evidencing the existence of such insurance. 4 I. I I II 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. 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. 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. 5 II I I II 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: Frank T. and Laura R. Mulcahy 600 Sheffield Court Virginia Beach, VA 23451 If to Lessor, to: Facilities Management Office 2424 Courtho use Drive, Room 228 Municipal Center, Building 18 Virginia Beach, VA 23456 With copy to: Virginia Beach City Attorney Attn: Erin T. Stubbe 2401 Courthouse Drive, Building 1, Room 260 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. The headings in this Lease are for convenience only and are not a part of this Lease and do not in any way define, limit, describe or amplify the terms and provisions of this Lease or the scope or intent thereof. 16. SURVIVAL. The representations, warranties, and agreements 6 II II II 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. [SIGNATURES ON FOLLOWING PAGE] 7 II i I II (SEAL) ATTEST: Lesso r: CITY OF VIRGINIA BEACH By: City Manager/Authorized Designee of the City Manager Ruth Hodges Fraser City Clerk 8 Ii ! I II STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this _ day of ,20_, by , City Manager/Authorized Designee of the City Manager of the City of Virginia Beach, on its behalf. Notary Public My Commission Expires: My Registration Number: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this _ day of , 20_, by Ruth Hodges Fraser, City Clerk of the City of Virginia Beach, on its behalf. Notary Public My Commission Expires: My Registration Number: 9 I: I' II Lessee: FRANK T. MULCAHY LAURA R. MULCAHY STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this _ day of ,20_. by Frank T. Mulcahy, Lessee. Notary Public My Commission Expires: My Registration Number: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this _ day of ,20_, by Laura R. Mulcahy, Lessee. Notary Public My Commission Expires: My Registration Number: 10 II i I I I - 57 - Item V-K.4. ORDINANCES/RESOLUTION ITEM # 58240 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AUTHORIZE temporary encroachments into a portion of City owned property-Lake Wesleyfor GARY W. and MARLETA K LONDON, to construct and maintain a portion of a fixed pier, a boat lift, an aluminum ramp, a floating pier and mooring piles at 468 Southside Road (DISTRICT 6 - BEACH) The following conditions shall be required: 1. 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, more particularly described as follows, to wit: 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 "). November 18, 2008 Ii i I II - 58 - Item V-K4. ORDINANCES/RESOLUTION ITEM # 58240 (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 (15) feet in width landward from the shoreline shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer "). The Buffer shall not be established during the months of June, July or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer plantings, to the Department of Planning to insure completion of the required Buffer. 9. 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. 10. 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. 11. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements as established by the City. 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; pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: 9-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: John E. Uhrin and James L. Wood November 18, 2008 II 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY PROPERTY 6 KNOWN AS LAKE WESLEY LOCATED 7 AT THE REAR OF 468 SOUTHSIDE 8 ROAD BY GARY W. LONDON AND 9 MARLETA K. LONDON 10 11 WHEREAS, Gary W. London and Marleta K. London desire to construct and 12 maintain temporary encroachments for a portion of a fixed pier, a boat lift, an aluminum 13 ramp, a floating pier and mooring piles upon a portion of the City's property known as Lake 14 Wesley, located at the rear of 468 Southside Road in the City of Virginia Beach, Virginia; 15 and 16 17 WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2-2107, 18 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 19 City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 That pursuant to the authority and to the extent thereof contained in 99 15.2-2009 24 and 15.2-2107, Code of Virginia, 1950, as amended, Gary W. London and Marleta K. 25 London, their heirs, assigns and successors in title are authorized to construct and 26 maintain temporary encroachments for a portion of a fixed pier, a boat lift, an aluminum 27 ramp, a floating pier and mooring piles in a portion of the City's property as shown on the 28 map marked Exhibit "A" and entitled: "EXHIBIT "A' - ENCROACHMENT REQUEST FOR 29 GARY W. AND MARLETA K. LONDON LOT 10, BLOCK B, RUDEE HEIGHTS BEACH 30 DISTRICT VIRGINIA BEACH, VA," a copy of which is on file in the Department of Public 31 Works and to which reference is made for a more particular description; and 32 33 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 34 subject to those terms, conditions and criteria contained in the Agreement between the 35 City of Virginia Beach and Gary W. London and Marleta K. London (the "Agreement"), 36 which is attached hereto and incorporated by reference; and 37 38 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is 39 hereby authorized to execute the Agreement; and 40 41 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 42 time as Gary W. London and Marleta K. London and the City Manager or his authorized 43 designee executes the Agreement. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day of 46 November ,2008. II II II CA-10758 X:IOID\REAL ESTATEIEncroachmentslPW OrdinanceslCA10758 London Ordiance.doc V:la pplicationslcitylawprodlcycom321WpdocslD0191P00410006767 4.DOC R-1 PREPARED: 10/16/08 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM d r CITY ATTOR~ II II II PREPARED BY VIRGINIA BEACH CITY A TIORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this day of , 2008, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and GARY W. LONDON AND MARLETA K. LONDON, 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 "B-1 0" as shown on that certain plat entitled: "PHYSICAL SURVEY OF A PORTION OF LOT B-10 BEING THE BENJAMIN Y. & ELLA M. PORTER PROPERTY M.B. 7 PG. 169, M.B. 26 PG. 57, D.B. 1003 PG 624, L YNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA" and said plat is attached to and recorded with that certain Deed and Easement recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2847, at page 1886, and being further designated, known, and described as 468 Southside Road, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a portion of a fixed pier, a boat lift, an aluminum ramp, a floating pier and mooring piles, collectively, the "Temporary Encroachment", in the City of Virginia Beach; GPIN'S: 2427-20-2474-0000 and 2427-20-3411-0000 2427-20-7891-0000 (Lake Wesley) Ii II WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grante e encroach into a portion of an existing City property known as Lake Wesley, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in 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: "EXHIBIT 'A' - ENCROACHMENT REQUEST FOR GARY W. AND MARLETA K. LONDON LOT 10, BLOCK B, RUDEE HEIGHTS BEACH DISTRICT VIRGINIA BEACH, VA," 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 2 ! I I II that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by th e Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understo()d 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 establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a 3 II I I 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. 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 app licable. 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 4 II II II 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 pena Ity 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, Gary W. London and Marleta K. London, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 I: I, I I CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2008, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. Notary Public (SEAL) Notary Registration Number: My Commission Expires: (SEAL) ATTEST: 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 II ~ Ga . ondon I!lt. (}AJlA/z II. Of ~~ Marleta K. London STATE OF CITY/COUNTY OF Vir[JiniRJ AP.arh . to-wit: The foregoing instrument was acknowledged before me this 18 th day of Afljll~ . 200B-, by GaryW. London. a~ro~~ Not lic Notary Registration Number: 7071500 'RACEY TAYLOE IIOWN Notary PublIC CornMOrWMaIItl of VIriJInIa 70"100 COMmIIIIOft 10. 10'. My Commission Expires: S~ 30, aofo STATE OF CITY/COUNTY OF ViI'n;n~, Rerir:h, . to-wit: The foregoing instrument was acknowledged before me this/Bi:h day of Au~pJ1j . 200L. by Marleta K. London. ~~r~ No Pu My Commission Expires: 5~~ 30) dolO TRACEY TAYLOE MOWN NoIOIy P\MC Commonweallft of ~ '071100 COIMlI"Oft ..... 10. 101. Notary Registration Number: co APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM /!L() (J--P ~ C. ~A- IGNATURE PW l?t.A/ f~1irIJ DEPARTMENT X:\Projects\EncroachmentslApplicants\London. Gary & Marleta - Southside Pier & Mooring\Council PackagelAgreement Encroachment(2).doc 7 I I , 20' 8' I 20' ~ r \ \ " " .. 110' TO CHANNEL 123' TO CHANNEL LAKE WESLEY GPIN: 2427-20-7891 --EBB:::::::) cFLOOD-- N 01. 8' o 0 EX. PIER 01 . o. · MOORING PILES (TYP) o N PROPOSED U'!. FLOATING PIER -Ii" o . 4'x14' ALUM. RAMP -'.-.~LW '-7 - o MOORING PILE (TYP) 5' x 15' PAVER PATH LOT 810 GPIN: 2427-20-2474-0000 INST. #200502040019979-PLA T GP/N: 2427-20-3411 INST. #20081014001194300 INST. #200502040019979-PLA T PIN(F) AT 134.00' MHW PIN(F) AT 144.00' 15' WIDE AREA OF BUFFER RESTORA TION d ~ a:: w (J) w a:: ~ :r: o Q: I'<) Z ~-- ~ o I.{) I' <0 V) "'" I.{) 0'1 ~ u.."'- ~ I .~ .....J '--Oo~ .....J .-- '" u.. . <( cni!: I ~ w t- ,,",au.. U O..J~~I' 1R ~ -.J.... ~ w"'~ . \0 gzai~ ~ ct: - . fY'\ u.. a (J) LU~'-' (,j Z 1= .....J ::l (J) Z o U I- Z o e: a:: ~ ~ f'o. o o C'l IPF LOT 89 F. MASON GAMAGE, TRUST GPIN: 2427-20-2305 INST. #200302050016911 OJ f'o. r' l[') BUFFER RESTORATION: REMOVE TURF TO A DEPTH OF 6", PLACE 4-6" OF MULCH AND PLANT WITH WOODY VEGETATION AND BA YSCAPE PLANTINGS @ 2-STY-FR #468 :;:: OJ ~ \0 <0 l[') Z LINE TABLE LINE BEARING DISTANCE L1 S 49'51'38" W 32.22' L2 N 16'43'08" E 31.54' LJ S 52'29'52" W 19.85' N 3 '03' 8" E 79.83' BOUNDARY REFERENCE FOR L1 TO U: (D.B. 2847 PG. 1886-1890) IPF 0 30' 60' I [ I 1. = 30' SOUTHSIDE ROAD (50' R/W) EXHIBIT 'A' WA TERFRONT CONSUL TING, INC ENCROACHMENT REQUEST FOR GARY W. and MARLETA K. LONDON 1112 JENSEN DRIVE, STE. 206 VIRGINIA BEACH, VA 23451 PHONE/FAX: (757) 425-8244 LOT 10, BLOCK B, RUDEE HEIGHTS BEACH DISTRICT VIRGINIA BEACH, VA INST. #20081014001194300 DA TE: OCTOBER 10, 2008 I, I I - 59 - Item V-K.5. ORDINANCES/RESOLUTION ITEM # 58241 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: A Resolution REQUESTING approval of the design for the Salem/Princess Anne Road Intersection Improvement Project Voting: 9-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: John E. Uhrin and James L. Wood November 18,2008 I I 1 A RESOLUTION APPROVING THE DESIGN 2 FOR THE SALEM ROAD/PRINCESS ANNE 3 ROAD INTERSECTION IMPROVEMENT 4 PROJECT, CIP 2-150, VDOT PROJECT 5 NUMBER UOOOO-134-185, UPC 84132 6 7 WHEREAS, the City of Virginia Beach has previously requested the Department of 8 Transportation (VDOT) to program this project; and 9 10 WHEREAS, a "Notice of Willingness to Hold a Public Hearing" was posted for the 11 purpose of considering the design features for Salem Road/Princess Anne Road 12 Intersection Improvement Project, CIP 2-150, VDOT Project No. UOOO-134-185 in the City 13 of Virginia Beach; and 14 15 WHEREAS, all inquiries were satisfactorily answered, so that a public hearing is not 16 required; now 17 18 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 19 VIRGINIA: 20 21 That the major design features of the proposed project as presently designed are 22 approved; and 23 24 BE IT FURTHER RESOLVED that the City of Virginia Beach will acquire the 25 necessary rights of way for this project and certify same to the Department (VDOT) at the 26 appropriate time. 27 28 Adopted by the Council ofthe City of Virginia Beach, Virginia, on the 1 Rt-h day of 29 November ,2008, APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: c~ Publi~ ;orks ---- ~~ CA 10900 R-1 October 22,2008 u Prepared by PW.lEng./Eng. Support Services Bureau 10/21/08 X:\Projects\ARC Files\Agenda Maps\PA - Salem ,II II II - 60- Item V-K.6. ORDINANCES/RESOLUTION ITEM # 58242 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE a Grant from the Virginia Departments of Forestry and Conservation and Recreation re an Urban Tree Canopy Analysis Voting: 9-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer. Barbara M Henley, Vice Mayor Louis R. Jones. Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: John E. Uhrin and James L. Wood November 18, 2008 Ii ! i I I 1 2 3 4 5 6 7 8 9 10 11 12 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM THE VIRGINIA DEPARTMENT OF FORESTRY AND DEPARTMENT OF CONSERVATION AND RECREATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $3,000 is hereby accepted from the Virginia Department of Forestry and Department of Conservation and Recreation and appropriated to the FY 2008-09 Department of Parks and Recreation Operating Budget for an Urban Tree Canopy Analysis, with State revenues increased accordingly. Adopted by the Council of the City of Virginia Beach, Virginia on the18th day of November , 2008. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: .'\ ~ \~' t . ~ ,,0 Q;\, ~ JA/. ~ - Management Services ~~- CA10910 R-2 November 4, 2008 II i i I I - 61 - Item V-K. 7. ORDINANCES/RESOLUTION ITEM # 58243 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE a Grant for communications equipment from the Virginia Department of Emergency Management Grant Office to Communications and lriformation Technology (COMIT) Voting: 9-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Cuuncil Members Absent: John E. Uhrin and James L. Wood November 18, 2008 I II I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 AN ORDINANCE TO ACCEPT EQUIPMENT FROM THE VIRGINIA DEPARTMENT OF EMERGENCY MANAGEMENT GRANT OFFICE WHEREAS, $10,348 is available for an in-kind match from previously appropriated funds in CIP 3-281, Communications Infrastructure Replacement. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That a tactical audio switch and radio equipment valued at $41,389 are hereby accepted from the Virginia Department of Emergency Management Grant Management Office and appropriated to the Communications and Information Technology Department to equip incident command jurisdictions. Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day of Novp-mber , 2008. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: d:)%~Q. ~~ Management Services ~~ Ity A r eys O~e CA 10908 R-3 November 5, 2008 I I - 62 - Item V-K.S. ORDINANCES/RESOLUTION ITEM # 58244 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE a donation of parts from FIREHOUSE SUBS PUBLIC SAFETY FOUNDATION re public fire prevention education Voting: 9-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones. Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: John E. Uhrin and James L. Wood November 18,2008 II I I 1 2 AN ORDINANCE TO ACCEPT A DONATION FROM FIREHOUSE SUBS PUBLIC SAFETY FOUNDATION 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 5 6 7 8 That a Model-Tech Hazard House with component parts valued at $11,986 is hereby accepted from Firehouse Subs Public Safety Foundation to be used by the Virginia Beach Fire Department's Life Safety Education Office to enhance the existing fire prevention and education program provided to the public. of Adopted by the Council of the City of Virginia Beach, Virginia on the 18th Novpmhpr 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: (). )'\ n ~ "":_ Ci;> J( lJ jJ;\ (\ Management Services ~~ I Y Att n 's Off' CA 10902 R-2 November 4, 2008 I I - 63 - Item V-K.9. ORDINANCES/RESOLUTION ITEM # 58245 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE a Grant from the U S. Department of Homeland Security/FEMA Cooperative Agreement re activation of VA-TF2 Urban Search and Rescue Teamfor tropical storms and hurricanes Voting: 9-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: John E. Uhrin and James L. Wood November 18,2008 II I I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM FEMA RELATED TO DEPLOYMENTS OF THE VIRGINIA TASK FORCE-2 (VA-TF2) URBAN SEARCH AND RESCUE TEAM AND TO REDUCE APPROPRIATIONS AND ESTIMATED REVENUES TO THE FY 2006-07 FEMA COOPERATIVE AGREEMENT GRANT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1) (a) Funds are hereby accepted from the U.S. Department of Homeland Security, Federal Emergency Management Agency for costs related to deployments of VA-TF2 Team for Tropical Storm Dolly, Hurricane Gustav, and Hurricane Ike, in the amounts of $5,099 for Tropical Storm Dolly, $750,000 for Hurricane Gustav, and $1,172,000 for Hurricane Ike, with estimated revenues increased accordingly. (b) Appropriations to the FY 2008-09 Operating Budget of the Fire Department for costs related to deployments of VA-TF2 team for Tropical Storm Dolly, Hurricane Gustav, and Hurricane Ike, are hereby increased by $5,099 for Tropical Storm Dolly, $750,000 for Hurricane Gustav, and $1,172,000 for Hurricane Ike. 2) Appropriations and estimated revenues to the FY 2006-07 FEMA Cooperative Agreement Grant for development and maintenance of VA-TF2 are hereby reduced by $1,213,981 to match the authorization by FEMA of $802,500. Adopted by the Council of the City of Virginia Beach, Virginia on the 18th day of Nrme111ber ' 2008. Requires an affirmative vote by a majority of all members of the City Council. Approved as to Content: Approved as to Legal Sufficiency: J)~Q~ Management Services / ~--- Ity AU ey's Office CA10911 R-3 November 4, 2008 I I I I - 64- Item V-K.IO. ORDINANCES/RESOLUTION ITEM # 58246 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: \ Ordinance to ACCEPT and APPROPRIATE a Grant from the U S. Department of Homeland Security/FEMA re enhanced medical training and equipment re EMS "Four-for-Life" Voting: 9-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: John E. Uhrin and James L. Wood November 18, 2008 I III I I 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE FEMA ASSISTANCE TO 3 FIREFIGHTERS GRANT (AFG) AND TO 4 APPROPRIATE AND TRANSFER FUNDS FROM THE 5 EMS FOUR-FOR-L1FE SPECIAL REVENUE FUND 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1) Funds are hereby accepted from the United States Department of Homeland 11 Security, Federal Emergency Management Agency in the amount of $56,296 12 and appropriated to the FY 2008-09 Operating Budget of the Department of 13 Emergency Medical Services in the Grants Consolidated Fund, with 14 estimated federal revenues increased accordingly. 15 16 2) To provide the required 20% match for the federal grant, funds totaling 17 $14,074 are hereby appropriated and transferred from the fund balance of 18 the Emergency Medical Services Four-For-Life Special Revenue Fund to the 19 FY 2008-09 Operating Budget of the Department of Emergency Medical 20 Services in the Grants Consolidated Fund for the purchase of additional 21 training, medical supplies and training equipment. Adopted by the Council of the City of Virginia Beach, Virginia on the 18th day of November, 2008. Requires an affirmative vote by a majority of all members of the City Council. Approved as to Content Approved as to Legal Sufficiency D~u~ Management Services / ~~~--- Y Att y's Office CA 10903 R-2 November 4, 2008 I I I I I - 65 - Item V-K.l1. ORDINANCES/RESOLUTION ITEM # 58247 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE a Grant from the Virginia Department of Health re medical services for the EMS Four-for-Life Voting: . 9-0 (By Consent) Cuuncil 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 Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: John E. Uhrin and James L. Wood November 18, 2008 I I 1 AN ORDINANCE TO ACCEPT FUNDS FROM THE 2 VIRGINIA DEPARTMENT OF HEALTH AND TO 3 APPROPRIATE AND TRANSFER FUNDS FROM THE 4 FUND BALANCE OF THE EMS FOUR-FOR-L1FE 5 SPECIAL REVENUE FUND 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 1) Funds are hereby accepted from the Virginia Department of Health, Office of 11 Emergency Medical Services in the amount of $302,916, which are reflected 12 in the June 30, 2008 fund balance of the EMS Four-Four-Life Special 13 Revenue Fund. 14 15 2) $342,489 is hereby appropriated and transferred from the fund balance of 16 the EMS Four-For-Life Special Revenue Fund to the FY 2008-09 Operating 17 Budget of the Department of Emergency Medical Services in the Grants 18 Consolidated Fund for rescue, medical and training purchases, with 19 estimated revenues increased accordingly. Adopted by the Council of the City of Virginia Beach, Virginia on the 18th day of November ,2008. Requires an affirmative vote by a majority of all members of the City Council. Approved as to Content: Approved as to Legal Sufficiency: J')~0 ,\Vy~ Management Services ~~ CA 1 0904 R-3 November 7, 2008 I I - 66- Item V-K.12. ORDINANCES/RESOLUTION ITEM # 58248 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE a Grantfrom the Virginia Department of Criminal Justice Services to the Police re terrorism deterrents Voting: 9-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: John E. Uhrin and James L. Wood November 18, 2008 II I I 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS FROM THE VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $29,190 is hereby accepted from the Department of Criminal Justice Services and appropriated to the FY 2008-09 Police Department Operating Budget for equipment to enable the Police Department's Special Investigative Unit to prevent or respond to potential acts of terrorism, with estimated revenues increased accordingly. of Adopted by the Council of the City of Virginia Beach, Virginia on the 18th November 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: c7JQLJ~ D-\\~~ Management Services .' ~/~ Ity Att ey's Office CA10914 R-2 November 5, 2008 II I I - 67 - Item V-K.13. ORDINANCES/RESOLUTION ITEM # 58249 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE a Grant from the DEA Shared Asset Special Revenue Fund to the Police Department re canines Voting: 9-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: John E. Uhrin and James L. Wood November 18,2008 I I I I I 1 2 3 4 5 6 7 8 9 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE DEA SHARED ASSET SPECIAL REVENUE FUND BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $46,064 is hereby appropriated from fund balance in the FY 2008-09 DEA Seized Property Special Revenue Fund to improve communication technology in the Police Department and to replace police canines. Adopted by the Council of the City of Virginia Beach, Virginia on the 18th day of November 2008. Requires an affirmative vote by a majority of all members of the City Council. Approved as to Content: Approved as to Legal Sufficiency: l)~)Q"~ Management seNices. . 2~-- City Att . y's Office CA10913 R-2 November 5, 2008 I I - 68 - Item V-K.14. ORDINANCES/RESOLUTION ITEM # 58250 Upon motion by Vice Mayor Jones. seconded by Council Lady Wilson, City Council ADOPTED: Resolution requesting reimbursement from the Commonwealth of Virginia for twenty-five percent (25%) of the Construction Costs for a new Multi-Use Correctional Facility Voting: 9-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones. Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: John E. Uhrin and James L. Wood November 18,2008 : I I II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 A RESOLUTION REQUESTING REIMBURSEMENT FROM THE COMMONWEALTH OF VIRGINIA FOR TWENTY-FIVE PERCENT OF THE CONSTRUCTION COSTS FOR A NEW MULTI-USE CORRECTIONAL FACILITY WHEREAS, a Community Based Corrections Plan was prepared for the Sherriff to determine the City's immediate and future bed requirements for the correctional center; WHEREAS, the study concluded that the City needs a 250 bed stand-alone facility to house minimum security, work release, work-crew and weekender inmates to assist in alleviating overcrowding in the existing facility; WHEREAS, the facility would also be used as an emergency shelter for the City in the event of pandemic or emergency needs; and WHEREAS, state law provides that city councils, by resolution, may request reimbursement for up to one-fourth of the capital costs of jail construction, subject to approval by the Board of Corrections. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council of the City of Virginia Beach hereby requests reimbursement from the Commonwealth of Virginia for twenty-five percent of all eligible costs of construction of the new multi-use correctional facility. Adopted by the City Council of the City of Virginia Beach, Virginia, this 18th day of l\[ov~mhE'r ,2008. APPROVED AS TO LEGAL SUFFICIENCY: ,-Z: ~ ~ City Attorney's Office CA10915 R-3 November 17,2008 I I I I V-L. PLANNING 1. CHRISTINE PINKSTON 2. TANIKA DRA WHORN 3. T-MOBILE NORTHEAST, L.L.C. 4. ARGOLD DAM NECK, L.L.C. - 69- ITEM # 58251 CONDITIONAL USE PERMIT CONDITOINAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING November 18, 2008 I, I I - 70 - Item V-L.l. PLANNING ITEM # 58252 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED in ONE MOTION Items 1, 23, 4 (DEFERRED) and 5 of the PLANNING BY CONSENT AGENDA. Item L.4 (ARGOLD DAM NECK, L.L.c.) was DEFERRED, BY CONSENT, until the City Council Session of November 25, 2008. Voting: 9-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: John E. Uhrin and James L. Wood Council Lady Wilson voted a VERBAL NA Y on Item 2. (T ANIKA DRA WHORN) November 18. 2008 I I - 71 - Item V-L.J. PLANNING ITEM # 58253 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson. City Council ADOPTED an Ordinance upon application of CHRISTINE PINKSTON for a Conditional Use Permit re a residential kennel: ORDINANCE UPON APPLICATION OF CHRISTINE PINKSTON, FOR A CONDITIONAL USE PERMIT (RESIDENTIAL KENNEL) ROl1835301 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CHRISTINE PINKSTON, for a Conditional Use Permit (residential kennel), 1428 Princess Anne Road. (GPIN: 24019887180000) DISTRICT 7 - PRINCESS ANNE DISTRICT. The following conditions shall be required: . 1. No more than eight (8) adult dogs (over six months of age) shall be kept on the property at any time. No breeding, grooming or boarding of any other dogs for monetary or non-monetary purposes shall be permitted. 2. Dog waste shall be picked up and disposed of on a daily basis. 3. The applicant shall maintain the dogs in a current status on any required shots and shall properly license the dogs through the City of Virginia Beach This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighteenth of November Two Thousand Eight Voting: 9-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer. Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: John E. Uhrin and James L. Wood November 18,2008 I I I I - 72- Item V-L.2. PLANNING ITEM # 58254 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of T ANIKA DRA WHORN for a Conditional Use Permit re a home daycare ORDINANCE UPON APPLICATION OF TANIKA DRAWHORN, CONDITIONAL USE PERMIT (HOME DAYCARE). R011835302 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH VIRGINIA Ordinance upon application ofTANIKA DRAWHORN, Conditional Use Permit (home daycare) at 811 Admissions Court (GPIN): 14682462260000. DISTRICT 2 -KEMPSVILLE DISTRICT. The following conditions shall be required: 1. The home daycare shall be limited to a total of six (6) children other than children living in the home. There shall be no more than five (5) children under the age of 21'2 in the home at one time, as required by the Department of Social Services. 2. A fence, to be maintained in good condition at all times, shall enclose the outdoor play area and the fence shall satisfy the requirement of the Department of Social Services. 3. No signs advertising the home daycare shall be permitted on the lot or any building on the lot at any time. 4. The applicant shall be licensed with the Commonwealth of Virginia. Failure to maintain said license in good standing shall result in revocation of this Use Permit. 5. The applicant shall receive a Certificate of Occupancy for the proposed use from the Building Official for the home daycare/residential use. 6. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighteenth of November Two Thousand Eight November 18, 2008 II I I - 73 - Item V-L.2. PLANNING ITEM # 58254 (Continued) Voting: 8-1 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph. Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf and Ron A. Villanueva Council Members Voting Nay: Rosemary Wilson Council Members Absent: John E. Uhrin and James L. Wood November 18, 2008 I I - 74 - Item V-L.3. PLANNING ITEM # 58255 Upon motion by Vice Mayor Jones. seconded by Council Lady Wilson, City Council ADOPTED Ordinance upon application of T-MOBILE NORTHEAST, L.L.c. for a Conditional Use Permit re a communication tower: ORDINANCE UPON APPLICATION OF T-MOBILE NORTHEAST, L.L.C CONDITIONAL USE PERMIT RE A COMMUNICATION TOWER ROl1835303 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of T-MOBILE NORTHEAST, L.L.C Conditional Use Permit re a communication tower at 2224 Greenwell Road GPIN: 14796787100000 DISTRICT 4 - BAYSIDE DISTRICT The following conditions shall be required: 1. The communication tower shall be substantially constructed with flush-mounted antennas as shown on the site plans entitled, "Survey Plat, Bayside Christian Church, "prepared by Hadler Surveys, P. C, dated 6-9-08. with the exception that no chain link fence or barbed wire shall be permitted and the required setback is modified. This site plan has been exhibited to City Council and is on file with the Department of Planning. 2. The tower with antennas shall not exceed 135 feet in height. 3. The lease area, as depicted on the survey entitled, "Survey Plat, Bayside Christian Church, " prepared by Hadler Surveys, P. C, dated 6-9-08, shall be surrounded with a solid fence, including the gate with a minimum height of six (6) feet. Said fence shall be installed in lieu of the proposed chain link fence depicted on survey identified herein. Barbed wire shall not be permitted. 4. Category VI landscaping shall be installed along the southern lease boundary line as depicted on the plan identified in conditions 1 and 3 above. Landscaping is waived along the northern, western and eastern portions of the lease area. 5. In the event interference with any City emergency communications facilities results from the use of this tower and antennas, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. 6. As required by Section 232(i)(4) of the City Zoning Ordinance (CZO), should the antennas cease to be usedfor a period of more than one (1) year, the applicant shall remove the tower, antennas and related equipment from the property within ninety (90) days of notification by the Director of Planning. 7. No signs indicating the location of this facility are allowed. November 18,2008 I 1.1 I I - 75 - Item V-L.3. PLANNING ITEM # 58255 (Continued) This Ordinance shall be effective in accordance with Section 107 (/) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighteenth of November Two Thousand Eight Voting: 9-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. OberndorJ, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: John E. Uhrin and James L. Wood November 18, 2008 I I - 76 - Item V-LA. PLANNING ITEM # 58256 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED until the City Council Session of November 25, 2008, Ordinance upon application of ARGOLD DAM NECK, L.L.C. for a Change of Zoninz District Classification (COZ) from R-15 Residential District and AG-1 Agricultural District to Conditional R-l.5 Residential District: ORDINANCE UPON APPLICATION OF ARGOLD DAM NECK, L.L.c. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R- 15 RESIDENTIAL DISTRICT AND AG-1 AGRICULTURAL DISTRICT TO CONDITIONAL R-7.5 RESIDENTIAL DISTRI CT Ordinance upon application of Argold Dam Neck, L.L.C.for a Change of Zoning District Classification from R-15 Residential District and AG-1 Agricultural District to Conditional R-7.5 Residential District on property located on the south side of Dam Neck Road, approximately 180 feet east of Southcross Drive (GPIN 1484166408 - part of). DISTRICT 1 - PRINCESS ANNE Voting: 9-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: John E. Uhrin and James L. Wood November 18, 2008 II I I - 77- Item V-L.5. PLANNING ITEM # 58257 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AMEND the Comprehensive Plan and incorporate the 2008 OUTDOOR PLAN as an appendix Voting: 9-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Dieze!, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: John E. Uhrin and James L. Wood November 18, 2008 I I I I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 AN ORDINANCE TO AMEND THE COMPREHENSIVE PLAN BY INCORPORATING THE VIRGINIA BEACH OUTDOORS PLAN AS AN APPENDIX WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Comprehensive Plan of the City of Virginia Beach be, and hereby is, amended and reordained by the addition of that certain document entitled "Virginia Beach Outdoors Plan - Final Draft 2008" as an Appendix. Such document is made a part hereof, having been exhibited to City Council and on file in the Department of Planning. Adopted by the Council of the City of Virginia Beach, Virginia, on this 18th day of 19 November, 2008. I I I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 AN ORDINANCE TO AMEND THE COMPREHENSIVE PLAN BY INCORPORATING THE VIRGINIA BEACH OUTDOORS PLAN AS AN APPENDIX WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Comprehensive Plan of the City of Virginia Beach be, and hereby is, amended and reordained by the addition of that certain document entitled "Virginia Beach Outdoors Plan - Final Draft 2008" as an Appendix. Such document is made a part hereof, having been exhibited to City Council and on file in the Department of Planning. COMMENT The ordinance amends the Comprehensive Plan by incorporating the Virginia Beach Outdoors Plan, which provides general land use policy guidance regarding outdoor areas and amenities. Adopted by the Council of the City of Virginia Beach, Virginia, on this 18th 24 day of November, 2008. APjROVED AS TO LEGAL SUFFIC1~CY ~dJ(~ fVl, ~/l City Attorney's dffice CA10857 R-1 September 3, 2008 II I I - 78 - V-L.M APPOINTMENTS ITEM # 58258 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: COMMUNITY SERVICES BOARD HISTORIC PRESERVATION COMMISSION PARKS and RECREATION COMMISSION REVIEW AND ALLOCATION COMMITTEE - COG TIDEWATER REGIONAL GROUP HOME COMMISSION November 18, 2008 I, ! i I I - 79- V-M.1. APPOINTMENTS ITEM # 58259 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Admiral Fenton Priest 11/18/08 - 2/28/13 Admiral Fred Ruehe Unexpired thru 2/28/13 MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE Voting: 9-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones. Reba S. McClanan. Mayor Meyera E. Oberndorf, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: John E. Uhrin and James L. Wood November 18, 2008 I I I I - 80 - V-M.2. APPOINTMENTS ITEM # 58260 Upon NOMINATION by Vice Mayor Jones, City Council: APPOINTED: Philip A. Shucet Alternate 4 Year Term 1/1/09-12/31/12 REAPPOINTED: Michael J. Barrett 4 Year Term 1/1/09 -12/31/12 SOUTHEASTERN PUBLIC SERVICE AUTHORITY Voting: 9-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: John E. Uhrin and James L. Wood November 18, 2008 I I I I I - 81 - V-M.3. APPOINTMENTS ITEM # 58261 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Christopher Beale 4 year Term 1/1/09-12/31/12 VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) Voting: 9-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Ron A. Villanueva and Rosemary Wilson Cuuncil Members Voting Nay: None Cuuncil Members Absent: John E. Uhrin and James L. Wood November 18, 2008 II I I - 82 - V-M.4. APPOINTMENTS ITEM # 58262 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Gary Arnold, Architect 4 year Term 10/1/08-9/30/12 WORKFORCE HOUSING ADVISORY COMMITTEE Voting: 9-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: John E. Uhrin and James L. Wood November 18,2008 , I II - 83 - V-Q.1. NEW BUSINESS ITEM # 58263 Recorded by Consensus: ABSTRACT OF VOTES - General Election of November 4, 2008 November 18, 2008 I I ABSTRACT OF VOTES cast in the City/County of Virginia Beach at the November 4, 2008 General Election, for: , Virginia, ELECTORS FOR PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES THE TABULATION FOR EACH ELECTOR ENTERED IN THIS ELECTION IS AS FOLLOWS: Democratic Party for Electors for Barack Obama, President and Joe Biden, Vice President Christia v. Rey Sandra W. Brandt Betty L. Squire Susan Johnston Rowland Marc L. Finney Dorothy S. Blackwell James Harold Allen Boyd Marian A. Van Landingham Robert Edgar Childress, Jr. Rolland D. Winter Janet A. Carver Michael Jon Khandelwal Sophie Ann Salley Total Votes Received 98,885 (in figures) Republican Party for Electors for John McCain, President and Sarah Palin, Vice President Janet A. Jackson David E. Nygaard Arthur Lee Talley, Jr. Wayne Junius Ozmore, Jr. George A. Sterling Richard Allen Claybrook, Jr. Linwood M. Cobb III R. Christian Hoff Sydney Strother Smith III Barbara "Bobbie" Greene Kilberg William Wickham Hanks Thomas E. Foley James K. "Jay" O'Brien, Jr. Total Votes Received 100,319 ( in figures) Independent Green Party for Electors for Chuck Baldwin, President and Darrell L. Castle, Vice President Craig E. Ennis D. C. Amarasinghe William K. Grogan Albert P. Burckard, Jr. Shennan D. Witcher Joseph L. LeBlanc Brian Taylor Glenda Gail Parker George R. Wood Harlan Fred Wahlert David William Gillis, Jr. Carey C. Campbell Mario T. Palmi otto Total Votes Received 394 (in figures) Libertarian Party for Electors for Bob Barr, President and Wayne A. Root, Vice President K. M. Offerman Henry T. Thrasher Sanford J. Pankin William Donald Tabor, Jr. Lindsey M. Burke Elizabeth Blanton Bowles George Nicholas Marchenko Donald Edward Ferguson James W. Lark III Wilbur N. Wood III Scott T. Wakeman Leonard T. Harris L. Marc Montoni Total Votes Received 635 (in figures) CONTINUED ON REVERSE SIDE I I I I Electors for President and Vice President of the United States General Election November 4, 2008 County/City of Virginia Beach Page 2 of2 Green Party for Electors for Cynthia McKinney, President and Rosa Clemente, Vice President Christopher E. Fink Edmund Everett Dowe II Rain Burroughs Richard A. Miller Jana Lee Cutlip Daniel A. Metraux John B. Gallini Kirit Mookerjee Clifford Barry Anderson Mary Theresa Schmidt Taylor Paul S. Hughes James R. Lowenstem Tamar B. Yager Total Votes Received 114 (in figures) Independent for Electors for Ralph Nader, President and Matt Gonzalez, Vice President Ashley Elizabeth Slaff Adrienne Nicole Cottle Nicholas William Johnson Erick W. Brucker Jeffrey C. Mitchell Raymond W. Fary Michael Lee Ogilvie Henry A. Perretta Matthew Lee Alley Daniel 1. Christakos Michael Joseph Smith Dena May Cottle Rickey Ray Johnson Total Votes Received 542 (in figures) Total Write-In Votes [FROM WRITE-INS CERTIFICATION] [VALID WRITE INS + INVALID WRITE INS = TOTAL WRITE IN VOTES] 360 (in figures) Total Number Of Overvotes For Office 26 (in figures) We, the undersigned Electoral Board, upon examination of the offlcial records deposited with the Clerk of the Circuit Court of the election held on November 4, 2008, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for Electors for President and Vice President of the United States. Given under our hands this 11th day of November, 2008. A copy teste: , Chairman , Vice Chairman , Secretary Secretary, Electoral Board I I COMPLETE AND RETURN THIS FORM TO sse TOGETHER WITH THE ABSTRACT FOR PRESIDENT AND VICE PRESIDENT. ONLY WRITE-INS FOR THE NAMES LISTED BELOW (OR VARIATIONS THEREOF) ARE VALID. THE ENTRY OF THE NAME OF ONLY THE PRESIDENTIAL WRITE-IN IS CONSIDERED A VALID WRITE-IN FOR BOTH CANDIDATES. (e.g., Jonathan Allen is counted as a write-in for Jonathan Allen/Jeffrey Stath) WRITE-INS CERT/F/CA TION Electors for President and Vice President Virginia Beach o COUNTY Xl CITY November 4, 2008 General Election Page 1 of 1 WRITE-INS - SUMMARY [REQUIRED] 1. Invalid Write-Ins .......... .......................... ..... ............................. ...... 2. Valid Write-Ins ............ ........ ................... ................ ........................ 3. Total Write-Ins .............. ..................................... ............................ [ENTER THIS FIGURE ON LINE FOR TOTAL WRITE-IN VOTES ON ABSTRACT FOR THIS OFFICE.I VALID WRITE-INS - DETAIL ALL VAUD WRITE-INS WHEN ADDED TOGETHER MUST EQUAL THE TOTAL ENTERED ON LINE 2 ABOVE. Jonathan Allen/Jeffrey Stath . .................................. ......................... Keith Russell Judd/Monty W. Judd................................................... Alan Keyes/Steve Schulin .................... ..... ........................................ Brian Moore/Stewart A. Alexander.................................................... TOTAL YOTES RECEIVED (IN FIGURES) 358 ENTER TOTAL INVALID 2 ENTER TOTAL VALID 360 ADD LINES 1 AND 2 TOTAL YOTES RECEIVED (IN FIGURES) 1 1 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 2008, do hereby certify that, the above is a true and COffect certification of the write-in votes cast at said election for this office. Given under our hands this 11th day of November, 2008. A copy teste: "\ , Chairman , Vice Chairman I Secretary Secretary, Electoral Board I I I I ABSTRACT OF VOTES cast in the CitylCounty of Virginia Beach at the November 4, 2008 General Election, for: , Virginia, MEMBER UNITED STATES SENATE NAMES OF CANDIDA TES AS PRINTED ON BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Mark R. Warner - 0 James S. "Jim" Gilmore III - R 124,517 67,886 1.407 Glenda Gail Parker - IG William B. Redpath... L 1,071 Total Write-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] ........................................ 114 Total Number of Overvotes for OffIce 6 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Courl of the election held on November 4, 2008, do hereby cerlify that the above is a true and correct Abstract of Votes cast at said election for Member of the United States Senate in the Congress of the United States. 11 th day of November, 2008. Given under our hands this A copy teste: , Chairman , Vice Chairman , Secretary Secretary, Electoral Board I I ABSTRACT OF VOTES cast in the City/County of Virginia Beach at the November 4, 2008 General Election, for: , Virginia, MEMBER HOUSE OF REPRESENTATIVES 2nd District NAMES OF CANDIDATES AS PRINTED ON BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Glenn C. Nye III - D Thelma D. Drake - R 98,794 93,329 Total Write-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] 231 [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] ........................................ Total Number of Overvotes for Office 11 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 2008, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for Member of the House of Representatives in the Congress of the United States. Given under our hands this 11th day of November, 2008. , Chairman Chairman , Secretary A copy teste; Secretary, Electoral Board I I I I ABSTRACT OF VOTES Cast in the City of Virginia Beach at the November 4. 2008 General Election, for: . Virginia. MAYOR NAMES OF CANDIDA TES AS PRINTED ON BALLOT TOTAL VOTES RECEIVED (IN FIGURES) John D. Moss Meyera E. Obemdorf W. D. 'Will" Sessoms, Jr. 29.528 67.534 74.386 19.159 Scott W. Taylor Total Wrlte"n Vote. [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] .................................................. 260 Total Number of OveNote. for OffIce ........................................................... 32 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 2008, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person has received the greatest number of votes cast for the above office in said election: W. D. 'Will" Sessoms, Jr. Given under our hands this 11th day of November, 2008. A copy teste: . Chairman , Vice Chairman . Secretary Secretary, Electoral Board I I I I ABSTRACT OF VOTES Cast in the City of Virginia Beach at the November 4, 2008 General Election, for: MEMBER CITY COUNCIL - AT LARGE , Virginia, NAMES OF CANDIDA TES AS PRINTED ON BALLOT Georgia F. Allen Leona M. "Lee" Shuler Keith Justin Strausbaugh Lawrence J. T eator Rosemary A. Wilson Tota' Wrlt.'n Vot.. (COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] (Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] .................................................. Total Number of Overvate. for OffIce ........................................................... TOTAL VOTES RECEIVED (IN FIGURES) 55,491 12,204 15,157 6,779 70,812 732 105 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 2008, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) has(have) received the greatest number of votes cast for the above office in said election: Rosemary A. Wilson Given under our hands this 11th day of November, 2008. A copy teste: , Chainnan , Vice Chainnan , Secretary Secretary, Electoral Board I I 1\ ABSTRACT OF VOTES Cast in the City of Virginia Beach at the November 4, 2008 General Election, for: MEMBER CITY COUNCIL - KEMPSVILLE DISTRICT TOTAL VOTES RECEIVED NAMES OF CANDIDA TES AS PRINTED ON BALLOT (IN FIGURES) , Virginia, Harry E. Diezel Jose P. "Joe" Flores III 69,314 34,168 38,762 Andrew R. Jackson Total Write-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] ,................................................. Total Number of Overvote. for Office ........................................................... 487 33 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 2008, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s} has(have} received the greatest number of votes cast for the above office in said election: Harry E. Diezel Given under our hands this 11th day of November, 2008. A copy teste: , Chairman , Vice Chairman I Secretary Secretary, Electoral Board I I ABSTRACT OF VOTES Cast in the City of Virginia Beach at the November 4, 2008 General Election, for: MEMBER CITY COUNCIL - CENTERVILLE DISTRICT TOTAL VOTES RECEIVED NAMES OF CANDIDA TES AS PRINTED ON BALLOT (IN FIGURES) , Virginia, Robert M. "Bob" Dyer 128,591 Total Wrlt."n Vot.. [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED) [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes) ,................................................. Total Number of Overvote. for Office ........................................................... 999 2 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Coult of the election held on November 4, 2008, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s} has(have} received the greatest number of votes cast for the above office in said election: Robert M. "Bob" Dyer Given under our hands this 11th day of November, 2008. , Chainnan , Vice Chairman , Secretary A copy teste: Secretary, Electoral Board I I I I ABSTRACT OF VOTes , Virginia, Cast in the City of Virginia Beach at the November 4, 2008 General Election, for: MEMBER CITY COUNCIL - ROSE HALL DISTRICT NAMes OF CANDIDA res AS PRINTED ON BALLOT Glenn R. Davis, Jr. Reba S. McClanan Total Wrlt.-In Vot.. [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] .................................................. Total Number of Overvotes for Office ........................................................... TOTAL VOTes ReCEIVED (IN FIGURES) 78,912 69,974 377 19 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 2008, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, detennine and declare that the following person(s) has(have) received the greatest number of votes cast for the above office in said election: Glenn R. Davis, Jr. Given under our hands this 11 th day of November, 2008. A copy teste: , Chairman Vice Chairman , Secretary retary, Electoral Board I I ABSTRACT OF VOTES Cast in the County/City of Virginia Beach at the November 4,2008 General Election, for: , Virginia, MEMBER SCHOOL BOARD AT LARGE ENTERATlARGE ORAPPR<PRIATEDISTRICT OR WAAD NM'E NAMES OF CANDIDA TES AS PRINTED ON BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Rita Sweet Bellitto 68,545 Patrick S. Salyer Mavel Z. Velasco 47.179 19,992 Erika M. Walker-Cash 34,701 Gertrude H. "Bunny" Waugh 20,519 Total Write-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] "................................................ 841 Total Number of Overvotes for Office ........................................................... 9 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 2008, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) has(have) received the greatest number of votes cast for the above office in said election: Rita Sweet Bellitto Patrick S. Salyer Given under our hands this 11th day of November, 2008. A copy teste: , Chairman , Vice Chairman , Secretary Secretary, Electoral Board I I I 1\ ABSTRACT OF VOTES Cast in the County/City of Virginia Beach at the November 4, 2008 General Election, for: , Virginia, MEMBER SCHOOL BOARD CENTERVlLLE ENTERATlARGE ORAI"PRO'RIATE DISTRICT OR WfJ<ffi NAAE NAMES OF CANDIDA TES AS PRINTED ON BALLOT TOTAL VOTES RECEIVED (IN FIGURES) French Donald Mackes, Jr. 105,285 23,737 Daniel D. "Dan" Edwards Total Write-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] "................................................ 392 Total Number of Overvotes for Office ........................................................... 24 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 2008, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) has(have) received the greatest number of votes cast for the above office in said election: Daniel D. "Dan" Edwards Given under our hands this 11th day of November, 2008. , Chairman , Vice Chairman , Secretary A copy teste: Secretary, Electoral Board I I I I ABSTRACT OF VOTES Cast in the County/City of Virginia Beach at the November 4, 2008 General Election, for: , Virginia, MEMBER SCHOOL BOARD KEMPSVILLE em:RATLARGECRAPPIO'RIATEOISTRCTCR WI<<JNIWE NAMES OF CANDIDATES AS PRINTED ON BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Sandra Smith-Jones 124,654 Total Write-In Vote. [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes) .................................................. 742 Total Number of Overvote. for OffIce ........................................................... We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 2008, do hereby certify that the above is a true and COffect Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) has(have) received the greatest number of votes cast for the above office in said election: 3 Sandra Smith-Jones Given under our hands this 11th day of November, 2008. y , Chairman , Vice Chairman A copy testo: , Secretary Secretary, Electoral Board I I I I ABSTRACT OF VOTES Cast in the County/City of Virginia Beach at the November 4, 2008 General Election, for: , Virginia, MEMBER SCHOOL BOARD ROSE HALL ENTERATI.AREOR~TEDlS'mlCTOR WPRJNN.E NAMES OF CANDIDA TES AS PRINTED ON BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Brent N. McKenzie Michael W. Stewart 72,641 51,017 Total Wrlt.ln Vot.. [COMPlETE WRITE-INS CERTIFICATION, IF NEEDED] [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] ,................................................. 391 Total Number of Overvot.. for OffIce ........................................................... We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 2008, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) has(have) received the greatest number of votes cast for the above office in said election: 34 Brent N. McKenzie I Chairman , Vice Chairman , Secretary Secretary, Electoral Board I I ABSTRACT OF VOTES Cast in the County/City of Virginia Beach at the November 4, 2008 General Election, for: , Virginia, MEMBER SCHOOL BOARD PRINCESS ANNE ENTERATLARGEORAPPRCFRIATEOISTRICT OR WfIRJ f'.W.E NAMES OF CANDIDA TES AS PRINTED ON BALLOT TOTAL VOTES RECEIVED (IN FIGURES) William J. "Bill" Brunke IV 122,549 Total Write-In Vot.. [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] "................................................ 597 Total Number of Overvot.. for Office ........................................................... We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 2008, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) has(have) received the greatest number of votes cast for the above office in said election: 3 William J. "Bill" Brunke IV Given under our hands this 11th day of November, 2008. A copy teste: , Chairman , Vice Chairman , Secretary Secretary, Electoral Board I I I I - 84 - Item v.P. ADJOURNMENT ITEM # 58264 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6: 56 P.M. ~~_____~,_~~~W Beverly 0. Hooks, CMC Chief Deputy City Clerk Ifh Hodges Fraser. MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia The Public Comment re Non Agenda Item adjourned at 7:11 P.M. November 18.2008 - 85 - Item v.P. ADJOURNMENT ITEM # 58264 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:56 P.M. (7? _L ,____t2~-L~.J /--J ~~;;;;;;1.~ooks, CMC Chief Deputy City Clerk ~~ City Clerk ~-- Mayor City of Virginia Beach Virginia The Public Comment re Non Agenda Item adjourned at 7:11 P.M. November 18,2008 - 85 - PUBLIC COMMENT Andrew Jackson, 153 Upperville Road, Phone: 490-9190, congratulated the Council Members re the election. Mr. Jackson was a candidate for the Kempsville District. The "journey was great" and his candidacy was a very positive experience. Mr. Jackson is concerned re the City Council elections moving back to May and prefers the elections remain in November. Carl Wright, 1144 Mondrian Loop, Phone: 235-5596, represented the (NAACP) National Association for Advancement of Colored People. Mr. Wright OPPOSED the City Council elections being moved back to May and prefers the elections occur in November. November 18, 2008