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MARCH 27, 2012 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At-Large VICE MAYOR LOU/S R. JONES, Bayside -District 4 GLENN R. DAVIS, Rose Hall -District 3 WILLIAM R. DeSTEYH, At-/.arge HARRY E. DIF,ZF,L, Kempsville -District 2 ROBERT M. DYER, Centerville -District I BARBARA M HENLEY, Princess Anne -District 7 JOHN D.MOSS, At-f.arge JOfiN F,. UHWN, Beach -District 6 ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District S CITY COUNCIL APPOINTEES C'lTY MANAGER -JAMES K. SPORE CI'l'Y A7TORNF,Y -MARK D. STILES C/'TYASSF.SSOR - JERALD D. BANAGAN CTIY AUDITOR - LYNDON S. REMIAS CITY CLERK RUTH HODGES ERASER, MMC I. II. III CITY COUNCIL AGENDA 27 March 2012 CITY MANAGER'S BRIEFINGS CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE.•(757) 385-4303 FAX (757) 385-5669 E-MA/L: C[ycncl@vbgov.com -Conference Room - A. BAYVILLE CREEK DREDGING -Special Service District Dave Hanson -Deputy City Manager B. INTERIM FINANCIAL STATEMENT Patricia Phillips -Director, Finance CITY COUNCIL COMMENTS CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION -Conference Room - 1. CALL TO ORDER -Mayor William D. Sessoms, Jr. 2. ROLL CALL OF CITY COUNCIL 4:00 PM 5:00 PM 3. RECESS TO CLOSED SESSION V. FORMAL SESSION -City Council Chamber - 6:00 PM CALL TO ORDER -Mayor William D. Sessoms, Jr. A. INVOCATION: Reverend Jim Pugh, Pastor Calvary Baptist Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. CITY MANAGER'S PRESENTATION 1. Catheryn Whitesell -Director, Management Services I. BID OPENING 1. Whitehurst Buffington House March 13, 2012 J. PUBLIC HEARINGS 1. LEASES OF CITY-OWNED PROPERTY a. 2441 North Landing Road -Whitehurst Buffington House b. 3592 Indian River Road -Wildlife Rehabilitation Center 2. BAYVILLE CREEK DREDGING PROJECT -Special Service District K. PUBLIC COMMENT 1. LYNNHAVEN STRATEGIC GROWTH AREA L. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND §33-113.1 of the City Code re administrative approval of certain encroachments 2. Ordinances re Bayville Creek Neighborhood: a. AMEND and REORDAIN §35.3-8 of the City Code re creation of a Special Service District and levy additional taxes on Real Property b. ESTABLISH a Capital Project "Bayville Creek Neighborhood Dredging" and TRANSFER $324,984 from the General Fund re engineering and design 3. Ordinances to AUTHORIZE the City Manager to EXECUTE leases of City-owned property: a. Whitehurst-Buffington House at 2441 North Landing Road re historic, educational and nature based programs b. 3592 Indian River Road re Wildlife Rehabilitation 4. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned right-of- way, known as Treasure Cove Canal, for DAVID J. and AMY S. GOODMAN re existing boatlift, deck, stairway, bulkhead, a wharf and retaining wall with a lift at 2404 Broad Bay Road (DISTRICT 5 -LYNNHAVEN) 5. Ordinance to ESTABLISH a Capital Project, "Ferry Plantation House -Phase II", ACCEPT and APPROPRIATE $106,577 in State and local funds therefore 6. Ordinance to APPROPRIATE $110,000 to the Finance Department for the DMV STOP Program 7. Resolution and Ordinance re Cape Henry Lighthouse Restoration Project totaling $355,000: a. AUTHORIZE the City Manager to EXECUTE agreements with the Virginia Department of Transportation (VDOT) and the Association for the Preservation of Virginia Antiquities re administration b. ESTABLISH Capital Project "Cape Henry Lighthouse Restoration -Phase II", ACCEPT, APPROPRIATE and TRANSFER federal and miscellaneous revenues 8. Ordinance to APPROPRIATE $300,000 for aninterest-free loan to the Virginia Beach Volunteer Rescue Squad for purchase of ambulances, equipment and supplies to be repaid over five (5) years 9. Ordinance to APPROPRIATE $104,000 from the Inmate Service Special Revenue Fund and $85,000 from the Sheriff's Special Revenue Fund to their Budget re part-time positions 10. Ordinance to AUTHORIZE the City Manager to enter into an agreement with Cherry, Bekaert & Holland LLP for an Independent Audit of the City's and Development Authority's financial statements re the CPI M. PLANNING 1. Application of REED ENTERPRISES, INC. for Modification of Proffers of a Conditional Change of Zonin~gLand Conditional Use Permit re convenience store, auto services and car wash (approved February 9, 2010) at Princess Anne Road and South Plaza Trail (DISTRICT 3 -ROSE HALL) RECOMMENDATION APPROVAL 2. Application of CHARLES H. and SHARON FORBES for ExRansion of a Nonconforming Use for enclosure of a patio at a condominium at 221-A 54th Street (DISTRICT 5 - LYNNHAVEN) RECOMMENDATION APPROVAL 3. Application of LBH, LLC/VIRGINIA BEACH ASSOCIATES, LC for a Change of Zoning District Classification from I-1 Industrial District to Conditional A-36 Apartment at 400 and 402 Military Highway (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION APPROVAL 4. Applications of ARAGONA CHURCH OF CHRIST at 527 North Witchduck Road: (DISTRICT 4- BAYSIDE) a. Change of Zonin~District Classification from R-7.5 Residential District to Conditional PD- H2 Planned Unit Development Overlay with underlying A-12 Apartment b. Modification of a Conditional Use Permit to reconfigure church property STAFF RECOMMENDATION PLANNING COMMISSION RECOMMENDS N. APPOINTMENTS BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION LED SIGNS PARKS and RECREATION COMMISSION PERSONNEL BOARD THE PLANNING COUNCIL VIRGINIA MUSEUM OF CONTEMPORARY ART -TRUSTEES DENIAL APPROVAL O. UNFINISHED BUSINESS P. Q NEW BUSINESS ADJOURNMENT FY 2012-2013 BUDGET HEARINGS 2012 CITY HOLIDAYS Monday, May 28 Memorial Day Wednesday, July 4 Monday, September 3 Monday, November IZ Thursday, November 22 Friday, November 23 Monday, December 24 Tuesday, December 25 Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Eve (half-day) Christmas Day If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 April 3 April 5 April 10 April 17 April 18 April 24 April 24 May 1 May 8 Budget Workshop Budget Open House (all departments) Budget Workshop Budget Workshop Budget Public Hearing Budget Workshop Public Hearing Budget Reconciliation Workshop Budget Adoption - Council Chamber -Convention Centel - Council Chamber - Council Chamber -Cox High School - Council Chamber -Council Chamber - Council Chamber -Council Chamber - Time TBD - 6:00-8:00 PM - Time TBD -Time TBD - 6:00 PM -Time TBD - 6:00-8:00 PM -Time TBD - 6:00 PM -1- SA 9 ~t C~?3 E,q ~ i ~ ~ s 4 ~ ~ w 0 ~~ 't i~ J.p ~' lc~ .ice"""" l ~ ~~°~ .:aF~'1 t'"`~r~..'Y"t VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia March 27, 2012 Mayor William D. Sessoms, Jr., called to order the CITY MANAGER'S BRIEFING, re BAYVILLE CREEK DREDGING -Special Service District, in the City Council Conference Room, Tuesday, March 27, 2012, at 4:00 P.M. Council Members Present: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood. Council Members Absent: None March 27, 2012 -z- CITYMANAGER'S BRIEFING BAYVILLE CREEK DREDGING 4:00 P.M. ITEM #61703 City Manager James Spore advised this is the first SSD Project to be before City Council as it is on the Agenda for a Public Hearing and Vote under the Ordinances/Resolutions section. Mr. Spore introduced David L. Hansen, Deputy City Manager. . .... w,ti ;'?~,,~, r ~ a ~ w ~' r ~ ~ ~ Y ~ 4 S -i ~ ~` `° - .~ R r ~ !~ r a~ ~- ~-Ye - ~ {1. ~~ ~I ' y r Mr. Hansen advised that he briefed Members of City Council on March 13, 2012, on three (3) individual neighborhood dredging projects and stated another project was in the works, which is the Bayville Creek SSD Project. fop r,~~ ~ ~ t Y'. .fit, rt ~ .; ~ ` ' f ff 37 ,p ~,. ~ t ~.~:'.x 4 { ~i' # K ,' ( - :..K' - .. March 27, 2012 -3- CITYMANAGER'S BRIEFING BAYVILLE CREEK DREDGING ITEM #61703(Continued) r ~ ,~ {~ ~ ~ k ~ ~~ :3~t ' _ y ~ b. ~f g t N. L' < o-„ #, ~, .~,' . . ~_ ~ - _ ~l - This project is in the Western Branch area of the City, North of Thoroughgood Area .. ~"~ ~ } ~~ ~a ~ ~° ~~ ~~ ~ _ .. r x ~ 1. d f'-' cyl i~ 3r" i 1 r' .~~ - ?4 i f ~. ~' ~ ~ ~~ ~: 7 '~ _ ~, `~ i . .~ ~ m', u /'~y + ~ t _~ r 'TSir 5 ~ 1` ~ ~ ti Y t r "' v I ~i ~' S t'~lr .. E "'~'~ • V~ i r a ~ ~ .?r~ `.!"~iC ~~ .. .G .. ~ ~ ; 1 J.Y~ • .~ r ~~ ~~ ` ~J: March 27, 2012 -4- CITYMANAGER'S BRIEFING BAYVILLE CREEK DREDGING ITEM #61703(Continued) The twelve (12) properties that are contained in this project are identified in the plat below. Parcel #11 is a neighborhood owned property which is non-developable and not taxed. Nine (9) of the eleven (11) taxable properties have executed the legal documents with two (2) properties not responding and considered not wanting to be included. in Eavor ~~~ ~'~; , • z properties '' ~~ withheld- responses properly,.., ~nn,~ ,~bl~__ ~~ March 27, 2012 eey.~i~Naronc«noon oreee~m ~j n~n~mn ® . -5- CITYMANAGER'S BRIEFING BAYVILLE CREEK DREDGING ITEM #61703(Continued) bz accordance with Virginia Code Section 15.2-2403 a minimum of SI % of property owner approval is required. Members of City Council established a minimum of 80% of property owner approval be required before the project can be considered. F } ~ ~ _4 r '' ~' ~ ~ r'te` ;. i<_. ~' ~ ~ ',° ~~ ~~~ The chart below delineates the three (3) levels of funding. March 27, 2012 -6- CITYMANAGER'S BRIEFING BAYVILLE CREEK DREDGING ITEM #61703(Continued) This project shall be conducted in accordance with all other dredging projects in the Lynnhaven River by Mechanical Dredging. ~~. ~ ui ~ _ x. ~r- w+r, ~~~'C' S , .S --i s.. f t k. ...4 r iR E .r.-z C R. v ~ '; .. ; '~h -. - ~ f 4~ x i ,: ~c -2 ~ . _ ti'`_ ~ Two years after the SSD is initiated, the first dredging takes place and thereafter every seven years with anticipated percent of initial volume described below ~ ~ ` A~ ~ ~ Y ~~ ~ . Yi Y311F ' 4 ~ 4 ~~~ ~. a k.` r: - ,' ~ ~, _ ~~;~ t 1.~,}i y~ March 27, 2012 -7- CITY11L4NAGER'S BRIEFING BAYVILLE CREEK DREDGING ITEM #61703(Continued) F~"'t'' _ `r it i March 27, 2012 -8- CITYMANAGER'S BRIEFING BAYVILLE CREEK DREDGING ITEM #61703(Continued) March 27, 2012 -9- CITYMANAGER'S BRIEFING BAYVILLE CREEK DREDGING ITEM #61703(Continued) - ~ ~ ~t ~ ,~ ~ ~ ~ ~ :~ r ~ ~ i:. ~ i ~ `` 2 . 4 - r ~' u..'~' I k '1. ~' ,y - _ o ~ .~ ~ . . _ s ..J '__ .%_~ ~. _ _ March 27, 2012 -10- CITYMANAGER'S BRIEFING INTERIM FINANCIAL BRIEFINGS 4:20 P.M. ITEM #61704 Mayor Sessoms, called to order the CITY MANAGER'S BRIEFING, re the INTERIM FINANCIAL STATEMENT. City Manager James Spore introduced Patricia Phillips, Director of Finance. Ms. Phillips recognized her Staff. Today, the focus is on the first eight (8) months of this fiscal year. r ~1 x ~,} ~ ~: ~'i~r ^' ~. ; ,`} .... _. __.._.. Quervie~ 8 Months FY12 General Fund Revenues FY12 General Fund Expenditures Next Steps March 27, 2012 -11- CITYMANAGER'S BRIEFING INTERIM FINANCIAL BRIEFINGS ITEM #61704(Continued) The General Fund has budgeted Revenue for the Fiscal Year 2012 of $951.8-Million and Expenditures of $1,005.2-Billion. Collected to date, the Revenues are $477.9-Million and Expenditures are $683.8- Million. - --_ " FY 2012 General Fund Revenues and Expenditures Compared to Budget Thru February 291 2012 (in miUiona} Anm.xl Y'rn llna,.er nehtxt vxrla Rev s Local c (80.6% of budget) State (17.1% of budges) Federal ( 2.3% oC budget) Total Iicveunes $ 7C, 7.6 $ 396.1 $ (371.5) 1 C+2.4 67.3 (95.1) 21.8 14.5 (7.3) $ 951.8 $ 477.9 ~ (473.91 EaPcndtNres/Eucumbra ores $ 6011. $ 412.9 $ L87.3 Cny pp~Tatlons City CaPilal Proj~ts 35 4 24.4 11.0 School Operations 3C 5.6 243.7 131.9 Schools Capital Projects 4'1 ^_'R I.3 't'otal I:xpendttnres/Eucumlrranecs $ 1,005.3 $ 683.8 $ 321 5 Less Amowvs Pwtded tiotn Fwrd Ilalance Uurshwding Enc wnbrance at (/30/11 $ 8.0 Approved Carryover Reyuesls 1 ~ City Capital Proj~ls 26 4 City OpcKaturg Dudgct 6.3 7'ransf to School Reserve 1'wid 11.5 Adjusted Expeudihrres/Eucnmbrx aces $ 951.8 Revenues do not come in equally. Revenues are at 50.2% of the estimated Revenues Budget. ,~_ FY 2012 Year-Tar Date General Fund Revenues Compared to Historic Trend at February 29, 2012 100 0 % . r- JDD% ~`f F eoe~ YTD ACTUAL = $477.9M tJ 74.6 ANNUAL BUDGET = 5951.SM ~,, a _ s` &60% - - - - - - 59.7% 511.2% SSA°/. ~ a F° 459°= 42.R % ~-~~48A 44.7 40% °i 41.7 % 26.7°i: 11 26 20% . 14.6% -..-.. R,t % 13.6°/. 4.4% 1.7 % 9.1 '~ 0% ]ul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun ~*.+-^Rrv l'rend ~~%ri1 FV'12 RCU'13ud°.ct , March 27, 2012 -12- CITYMANAGER'S BRIEFING INTERIM FINANCIAL BRIEFINGS ITEM #61704(Continued) ~___ Genera! Fund Revenues thru February ____.. -.. too% ft zoo . _... __ ____. _._. $1,046.1 $990 4 $974 7 f7,o00 80% 5800 0 60 s ffi60 40% I rc faoo zo szoo o% f0 FY 2011 FY 2012 FY 2009 f'Y 2010 A t ITb Feb UAnnual Butl9et "~'%of TOlal~ • $951.8 ~ 4es^ 49A 50 2° a7s $500.'1. $480.4 $477.3 $477.9 i I One of the most significant Revenues for the City is Real Estate and the City is at 52.5% of collections. ___ " ReaC Estate Revenues -General Fund Portican Qnly February 29k 2Qt18 - ZQ12 _ _ __ . __ -- 80 fsoo E493.0 5479.1 5465.8 BDDGET $435.4 (121.8 60Y. f408 - St.9% $2.6% 52.5"l0 52.2% 52.3°I< s3oo - 40%~ 249.9 257.8 247.7 228.9 221.2 0 0 ~ r m 'S fzoo X zo% 8100 o% so Fv z69e Fv z6fi9 Fr zoto Fr zott Fr zotz I®AC1ualCOllxtiona OYTD ~-%of TOtal *Total Citywide Budge[ of $460.3M .. March 27, 2012 -13- CITYMANAGER'S BRIEFING INTERIM FINANCIAL BRIEFINGS ITEM #6I704(Continued) The Personal Property Annual Tax is due June S, 2012. Historically, this Revenue has been d~cult to predict. The Commissioner of the Revenue's preliminary indications are that the City could be very close to making this budget. General Sales Tax is up by 2.0%from last year at this time. _.~, General Sales Taxes - Februac~ 29r 2f108 - 2Qaz __ . ...___ ___... 880 2.0%Up from FY11 _. __._. ___.. 554.1 BUDGET SOY. 351.4 550.3 351.7 553.0 653% 62.4 545 6t,3% 61.2 i° 010°! 80 3 ~ 333.1 =° e 332.1 ~ Sao 530.8 531.8 332.3 s v a _ K 40Y. p k 315 20% :o ~® I . I ® I ® I I I i I O% FY 2008 FY 2008 FY ]010 FY 2011 FY 2012 ~AC1ualCollac[iona ottD -~%af Tofal March 27, 2012 -14- CITYMANAGER'S BRIEFING INTERIM FINANCIAL BRIEFINGS ITEM #6I704(Continued) According to the State Secretary of Finance, the Holiday Sales picture shows a 4.6% increase over last year. The City's Holiday Sales picture shows a 4.2% increase over last year. ._____ . ~... General Sales Taxes 9Q Ghange from FYII try FY12 (compares to same month of prior year} 16.6Y. .__ _-_ __. s o% - _.. ____. ~ a%__ 5.9 % 6.8% ,_. 5.7% a.ax t.e% -~ "' t.ox ~? o6x -. d...,,.~ ~~a - ts% 20% _-- __. _....._.. _. -te%. __._ _._.. ._ -a.o% o~'O^o sP?, t~°^^ yrp^ Pep, ~t~^^ ^o~'J~PO^^^ pf+^^ y~Q^^ ~t^^ ~a^^ o~,u^^ Pa^ ~~o` APP^" - * Collections lag sales by 2 montlu ~...raonmN %cmne. rrom ay March 27, 2012 -15- CITYMANAGER'S BRIEFING INTERIM FINANCIAL BRIEFINGS ITEM #61704(Continued) The City continues to do well with this tax which is a good sign that the Resort Area and hotels are doing tivell overall. Ftatel Room Taxes - General Fund Rortion Only February 29, 2008 - 2022 _. _. _ _ ____.......__.. 56 BUDGET :.. 100% E5.4 E5.5 E5.2 Sss E5.5 35 78.0% 78.9°!° 774Yn 78.51. 77.9°0 80% E4.2 E4.1 E4.3 E4.3 ' p S4 _ E4.9 o _ ~ 60% m ~ S3 _U > O ~ F 32 d0% 0 X f1 20% f0 FV 2008 FY 2009 FY 2010 FV 2011 FY 2012 ti 0 _ ®AClual COWClbna _. OY7D - +%of Total li Total Hotel Room Taxes February 29, 2008 - 2012 ,3o r _ _ _ __ ___ 1.2X Up from FY11 - ___ E25 BUDGET 100% 523.8 E24.2 E24.6 ' E23.0 522.8 ' 78.9% 78.71 78 t°/ 520 - . 77.3"> 77.5% ~' a0% u 578.2 E18A E77.9 E79.1 ' E17.8 g m515 90%= e 0 ~ S10 ao% X Ss 20% SO FY 2008 I FY 2009 _ FV 2010 FY 2011 FY 2012 f 0% L ~ACtualColbcfiona ___oylp r-.%of Total March 27, 2012 -16- CITYMANAGER'S BRIEFING INTERIM FINANCIAL BRIEFINGS ITEM #61704(Continued) Motel Room Taxes 8% AEl~cat'ran (in miliions) Total Hotel Room Tax FY12 Budget = $24.6M ~-- ®GF2% ^CBD TIF ~ ^TAPI%/$I 1 OTIPS% \ SB $1 CBD TIF receives $SOOK annually `~ Hotel Room Tax = A % plus $1 room nights fmm GF ($222K)and TIP ($27SK) \\, ` Note: SB SSD has an additional 2 Y % tax The City continues to do well with this tax and fully expects to make budget. March 27, 2012 r -17- CITYMANAGER'S BRIEFING INTERIM FINANCIAL BRIEFINGS ITEM #61704(Continued) .: _.._._ ~..~~aa. Restaurant Meal Taxes 5 x4941 A1[ocat~oni {in millions} Total Restaurant Meal Tax FY12 Budget = $51.8M • ~ ., Y ~ ~~ ~~ ®GF3.5% ~.f a ~ ,, ..~~I aTAP 0.5% :~ s ' _l ~.r''!~ 3'~' ~ ~~ ~ a ^ OS 0.44 7-zN ",t~.- ' t March 27, 2012 -18- CITYMANAGER'S BRIEFING INTERIM FINANCIAL BRIEFINGS ITEM #6I704(Continued) Most of the City's General Fund Revenues are right "on track". The only Revenue showing unfavorable is Personal Property but it is early in trying to predict the final amount. Summary of City's Generat Fund Revenues February 29, 2012 {in millions} ~zoiz YrD Budget $ / Trend * Real Fs[ate Taxes $ 42 LR $ 221.2 52.5 % A Personal Property Taxes 703 21 0 29 9 ll Per;. Prop. Tax RehefAct 53.4 6.5 122 q ~ General Sales Tax 53.0 32.3 61.0 A Utility Taxes 25.5 15.2 59.5 F ( Telecommunications Taxes 2Q1 102 SO.R A Business Licenses 41.3 IR.O 43.6 F * Hotel Taxes 5 5 4 3 77 9 A * Restaurant Taxes 32.9 22.7 6R,9 p Charges for Serv ices 47.1 21.9 46.6 F Other Local Revenues 50.0 29.2 58.5 F ~* State Revenues 109.1 60.9 55.8 p i* Federel Revenues ( 21.R 14.5 66.6 F ~ 951.8 477.9 50.2 % F * GF porton only F=Fawrable A=Acceptade I1=Unfawrable FY 2012 Year~To-Date General Fund Expenditures Compared to Historic Trend at February 29, 2012 2otrA YTD ACTUAL = $683.8M sa:r~-., ,o ao% , ANNUAL BUDGET=$1,005.3M "~' - 6q xYo ~~% <1 h '"' 6x.o -.- -.. W r° 60.1 -.- A5,3°s / 52,3% F° r/ 090% ~- -- 37,A'i. _d43°i„ - ~ 37.2°.0 - _ ... -..__ _ ` i 2fi.fi !b a" 111.1 a iR.9°~~ 11 9$% 0% i _- .. ]ul Aug SeP OR Nov Dec Tan Feb Mar Apr May )un~ -~-~LxOendilnrc Trend ~~.-%of F1'12 F.x(r F3ud~Y !X March 27, 2012 -19- CITYMANAGER'S BRIEFING INTERIM FINANCIAL BRIEFINGS ITEM #61704(Continued) __. _ FY 2012 YTQ General Fund Revenues & Expenditures Compared to Historic Trend At February 29, 2012 Jo°~ ACTUAL REVENUES = $477.9M sy- ~ .-''f } soa _ ACTUAL EXPENDITURES= $683.$M ~~..^'' 74,fi„ evs^ ~eo~ ci.RS;=„=~ R.u°,o sai^s,-.~.~~ Fn.i ,~ _. ....~ ri _=' _2.i% 511 % FS.N°~~ - ~:3"~ ~ 459° >~' 42 % 4ft.R 11'°0 ,' _'fi,fi°..~ 371°ia '2R1y, 26.7• ~ 1p.n^r~ 20% Ifl'6"ten i 1.1 °... "O 14.6• v.a w 8~° t.trso t.7 0 ° ° _isa ow Jul Aug Sep Oc[ Nov Dec ]an kb Mar Apr May Jun -- -. _. _ -~-Rev Trtnd -F OOffYl2 RCV Audget »a-F,xpendimre Trend -~ %off'1"12 FaA lAidget The City has spent 68% of appropriations to- date. __: General Fund FY 2Q12 Expenditures ~au Total at February' 29, 2012: • $683.8M, or 68.0%, of $1,005.3M Budget Summary of Actual Expenditures Under Budget at June 30: ~-- _ __-- (in min inncl - - 7 Total % of Total Bud; et City % of City Budget Schools 2008 (Actual) X55.5 5.1",~ $20.2 2.8°~~ $35.3 2009 (Actual) X39.6 3.5" ~~ X24.7 3.2°/u $14.9 2010 (Actual) X453 4.1°% X27.6 3.6°,/0 $17.7 2011 (Actual) X321 31°~b $22.4 3.2% X9.'7 March 27, 2012 -20- CITYMANAGER'S BRIEFING INTERIM FINANCIAL BRIEFINGS ITEM #61704(Continued) It is important to underscore good fund balances and healthy cash balances. Real Estate Tax is due in June, Business License Tax is due this month and we will have better information in April to predict the outcome of Personal Property Tax. ._~ NC'~t Stk~?S Continue to monitor revenues in FY12 • Real Estate- June due date + Business License -March due date * Personal Property-April/May info, June due date March Interim -April 24«' March 27, 2012 -21- CITY COUNCIL COMMENTS 4:31P.M. ITEM #6l 705 Councilman Moss stated that he attended his first Deferred Compensation meetingyesterday and it went very well. He appreciates being appointed to this Committee. ITEM #61706 Councilman DeSteph attended the Opening of the bike trail on Shore Drive. The event was well attended with over one hundred (100) riders and it was a really great day. Councilman DeSteph also attended the MEDAC meeting yesterday and it appears that the impact on the City may not be as substantial as Council Members were originally told. ITEM #61707 Councilman Uhrin stated Beach Events has started a contest for the Secondary and High School students to design the Holiday Lights Display. March 27, 2012 -zz- AGENDA REVIEW SESSION 4:34 P.M. ITEM #61708 BY CONSENSUS, the following shall compose the CONSENT AGENDA: K. ORDINANCES/RESOL UTIONS 1. Ordinance to AMEND X33-113.1 of the City Code re administrative approval of certain encroachments 2. Ordinances re Bayville Creek Neighborhood: a. AMEND and REORDAIN X35.3-8 of the City Code re creation of a Special Service District and levy additional taxes on Real Property b. ESTABLISH a Capital Project "Bayville Creek Neighborhood Dredging" and TRANSFER $324,984 from the General Fund re engineering and design 3. Ordinances to AUTHORIZE the City Manager to EXECUTE leases of City- ownedproperty: a. Whitehurst-Buffington House at 2441 North Landing Road re historic, educational and nature based programs 4. Ordinance to AUTHORIZE temporary encroachments into a portion of City- owned right-of--way, known as Treasure Cove Canal, for DAVID J. and AMYS. GOODMAN re existing boatlift, deck, stairway, bulkhead, a wharf and retaining wall with a lift at 2404 Broad Bay Road (DISTRICT S - LYNNHAVEN) S. Ordinance to ESTABLISH a Capital Project, "Ferry Plantation House -Phase II ", ACCEPT and APPROPRIATE $106,577 in State and local funds therefore 6. Ordinance to APPROPRLATE $110,000 to the Finance Department for the DMV STOP Program 7. Resolution and Ordinance re Cape Henry Lighthouse Restoration Project totaling $355, 000: a. AUTHORIZE the City Manager to EXECUTE agreements with the Virginia Department of Transportation (VDOT) and the Association for the Preservation of Virginia Antiquities re administration b. ESTABLISH Capital Project "Cape Henry Lighthouse Restoration - Phase II ", ACCEPT, APPROPRIATE and TRANSFER federal and miscellaneous revenues 8. Ordinance to APPROPRIATE $300, 000 for an interest free loan to the Virginia Beaeh Volunteer Rescue Squad for purchase of ambulances, equipment and supplies to be repaid over five (5) years March 27, 2012 -23- AGENDA REVIEW SESSION ITEM #61708 (Continued) 9. Ordinance to APPROPRIATE $104, 000 from the Inmate Service Special Revenue Fund and $85, 000 from the Sheriff's Special Revenue Fund to their Budget re part-time positions 1 D. Ordinance to AUTHORIZE the City Manager to enter into an agreement with Cherry, Bekaert & Holland LLP for an Independent Audit of the City's and DevelopmentAuthority's financial statements re the CPI Item K.3/b. Ordinances to AUTHORIZE the City Manager to EXECUTE leases of City-owned property 3592 Indian River Road re Wildlife Rehabilitation will be considered separately as there are speakers registered. March 27, 2012 -24- AGENDA REVIEW SESSION ITEM #61709 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: L. PLANNING Application of REED ENTERPRISES, INC. for Modification of Proffers of a Conditional Change of Zoning and Conditional Use Permit re convenience store, auto services and car wash (approved February 9, 2010) at Princess Anne Road and South Plaza Trail (DISTRICT 3 -ROSE HALL) 2. Application of CHARLES H. and SHARON FORBES for Expansion of a Nonconforming Use for enclosure of a patio at a condominium at 221-A 54th Street (DISTRICT S - LYNNHAVEN) 3. Application ofLBH, LLC/VIRGINIA BEACHASSOCIATES, LCfor a Change of Zoning District Classification from I-1 Industrial District to Conditional A-36 Apartment at 400 and 402 Military Highway (DISTRICT 2 - KEMPSVILLE) Item L.4a/b Applications of ARAGONA CHURCH OF CHRIST at 527 North Witchduck Road will be considered separately as there are speakers registered. March 27, 2012 -25- ITEM#61710 Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration of, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A) Council Appointments: Council, 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). Acquisition/Disposition of City Property: Bayside District LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in 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). Amanda Deanne Smith v. R.R Ray, et al. March 27, 2012 -26- ITEM#61710 (Continued) Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council voted to proceed into CLOSED SESSION at 4.•42 P.M. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood. Council Members Voting Nay.• None Council Members Absent: Harry E Diezel (stepped out) (Closed Session: 4:42 P.M. (Break: 4:45 P.M S: SO P.M.) 4: SO P.M.) March 27, 2012 -z~- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL MARCH 27, 2012 6: 00 P.M. Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, March 27, 2012, at 6:00 P.M. Council Members Present: Glenn R. Davis, William R "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood. Council Members Absent: None INVOCATION: Reverend Jim Pugh, Pastor Calvary Baptist Church PLEDGE OFALLEGIANCE TO THE FLAG OF THE UNITED STATES OFAMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is his practice to thoroughly review each City Council agenda to ident~ any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a `personal interest ", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the Ciry Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record. March 27, 2012 -zs- 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 ident~ing 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 Dixon Hughes Goodman and is directly and indirectly involved in many of Dixon Hughes Goodman's transactions. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year, Dixon Hughes Goodman 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 ident~ing 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.7anuary 10, 2012, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in x~hich 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. March 27, 2012 -29- Item -V-D CERTIFICATION ITEM #61711 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE 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: I1-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 27, 2012 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 #61710 Page 25, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of V irginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: 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 City Clerk March 27, 2012 -30- Item -V-E MINUTES ITEM #61712 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of March 13, 2012. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Voting Nay: None Council Members Absent: None Council Members Abstaining: Rosemary Wilson March 27, 2012 -31- Item -V-G CI TY MANAGER'S PRESENTATION ITEM #61713 Mayor Sessoms introduced City Manager James Spore. Mr. Spore advised that the Charter requires the City Manager propose an annual balanced budget a budget. Through the City's financial planning and management process we knew it was going to be another difficult year from a budgetary standpoint. The recovery from the deep Recession has been slower than many of us would have hoped. Real Estate values continue to decline for a fourth year in a row. In November, the annual update to the Five Year Forecast projected a X90-Million gap between anticipated revenues and expenditure requirements. Depending on the General Assembly's actions to modify the Virginia Retirement System, the gap could grow another $7-Million. The School Board has requested an additional $36-Million beyond the $356-Million in local revenue originally allocated for Schools. .:n. y~~:.~ ~ _ ~'ei~.~tina Bu~d~~~ Capita;. :, One thing we hope this Budget demonstrates is that we are all in this together as the City's Budget, the School's Budget and the State's Budget are interdependent. With the recent State Senate Action, hopefully a State Budget will be emerging from the Conference Committee soon. Once adopted, both the City and the Schools will need to adjust their respective Budgets prior to this City Council's adoption in May. March 27, 2012 -32- Item -V-G CITYMANAGER'S PRESENTATION ITEM #61713(Co~atinued) Faced with declining real estate values the fourth year in a row with and three previous years of tightening Budgets, the community is at a key decision point. That decision is simply, "do we want to maintain the current services that we have all come to expect, enjoy and value and continue our exceptional quality of life, or make yet deeper cuts and allow our quality of life and vision for the future to,fade"? This is a reality check. We cannot continue to provide the same service levels with reduced revenues; especially when major expenditure items such as health care, pensions and energy are dramatically increasing. The proposed Budget holds total operating expenditures to a level slightly below four years ago at the start of the Recession. Total expenditures for City and School's are proposed to increase 1/10"' of 1 % for 201, compared to the current Budget year. Mr. Spore stated that this Budget is a responsible solution. Mr. Spore introduced Catheryn Whitesell, Director -Management Services to present the details for FY 2012-2013. March 27, 2012 -33- Item -V-G CITY MANAGER'S PRESENTATION ITEM #61713(Continued) Ms. Whitesell advised this Budget presentation has been rather chaotic with the changes in the General Assembly. The good news is we are starting to see a decline in unemployment rates. Virginia Beach is currently at 5.7% unemployment rate, slightly better than in December 2011. The State is at 5.8%. The City and State are well below the national unemployment rate of 8.3%. Consumer confidence is increasing. A ninety (90) on this index indicates a stable economy while a fifty (SO) would indicate a contracting economy. The current index is nearly seventy-one (71) which is far better than the twenty-five (25) at the peak of the Recession. However, another round of European debt crises; and lack of a resolution on our federal debt; continued rising gas prices, major cuts in local defense spending, could all negatively impact consumer confidence, and thereby, adversely impact some of the City's Revenue Streams March 27, 2012 -34- Item -V-G CITYMANAGER'S PRESENTATION ITEM #61713(Continued) The briefing on Regional Benchmarks in January noted our region fared much better in the housing crisis than other large metropolitan areas. We neither rose as high in the run up nor have we fallen as far. The graph illustrates key MSAs from 2006 through 2010 divided into two time periods. First 2006 through 2008: other areas were already seeing declines in home values while the Hampton Roads Region was still seeing some positive growth. From 2007 to 2010: all of these MSA's were losing home value, but again Hampton Roads was losing less than many of the others and less than the U.S. average. While the previous graph gives some consolation that the City was not as bad off as some, home values in Virginia Beach have fallen four (4) consecutive years from the peak in FY 2009. This graph represents the year-to year change in assessments; it does not factor in the 33 cents tax rate reduction City Council approved from 2005 through 2008 to offset the increases in assessments, nor does it reflect that the City Council retained a rate of 89 cents for three (3) consecutive years of depreciation. By factoring in, the rate was lowered during the period of appreciation and retained during the period of depreciation. The average annual change in residential property tax bills from FY 04 through FY 13, even at the proposed tax rate increase, will only be 2.82%. The total change in assessments at the proposed tax rate increases. The annual average change will be only 2.13%. March 27, 2012 -35- Item -V-G CITYMANAGER'S PRESENTATION ITEM #61713(Continued) Virginia Beach has a median hoicsehold income of $60,674, the third highest in the Region. The City has a per capita income is $44,999 which is highest in the Region. The City's economy is doing modestly better and hopefully will continue to strengthen. The City's Budget is facing serious fixed cost increases. March 27, 2012 -36- Item -V-G CITYMANAGER'S PRESENTATION ITEM #61713(Continued) The proposed budget is growing by $1.7-Million or 1/10`x' of a percent. It is actually $6-Million less than the FY 2008-09 Budget which was $1.765-Billion. Departments seeing reductions are Family and Youth and Quality Education. Both are losing State and Federal Revenue. The State took over a Child Day Care program which reduced the revenue to the Family and Youth Department. Federal Stimulus funding has been eliminated as a revenue source for the School System in the proposed budget. This loss is being partially offset in this Business Area by the new Joint Use Library opening next fiscal year. All other areas are showing some growth. Reserve for Contingencies is up due to a fuel and energy reserve, as well as a reserve to cover the increased cost related to the mandated VRS pay raise. Safe community is up due to the opening of the Town Center Fire Station and completing the staffing for the Animal Shelter. Cultural and Recreational Opportunities is up 2.2% which reflects the operation of the Williams Farm Recreation Center. A major cost driver accounting for nearly half the $90-Million deficit is the rising cost of retirement and life insurance. Both the City and Schools included the increase in the employer rates in the Five Year Forecast; however, the cost increased by $7.7-Mmillion due to the mandate to provide a 5% offsetting pay raise to requiring the employees to pay the 5% employee rate. Both the City and Schools have been paying this on behalf the employees for many years. The Legislation that passed requires the City make current employees or "Plan 1 "employees pay the employee 5% but also requires that the City provide a S% pay raise. The School System has the option to phase this in over five (S) years. The City currently cloes not have that option. Since this mandate takes effect July 1, 2012, the Budget includes funding for both the City and Schools to provide a 5%pay increase to offset the requirement that employees pay S% towards their VRS. The City has employees, those hired since July 1 2010, who are already paying S% towards their VRS. The Legislation only requires a pay raise for employees hired before that date. The proposed budget does not recommend that we provide a pay raise to these "Plan 2"employees since the payment of the 5% to VRS was a condition of their employment. The Virginia Municipal League and other groups are lobbying the General Assembly to make modifications to this Legislation with the adoption of the State's Budget. The proposed modifications include allowing localities to phase this in similar to the Schools option. The proposed Budget is positioned as the "worst case " where both City and Schools implement a S% pay raise and the requirement for employees to pay 5% on July 1. Any modification could release some of the reserve for other needs. March 27, 2012 -37- Item -V-G CITYMANAGER'S PRESENTATION ITEM #61713(Continued) The City has been using the fund balance to subsidize both the employee's premium costs as well as the City's employer's cost to the Health Insurance Program. The proposed Budget recommends changes to the premiums in the Health Insurance Program. The City has not increased the employer contribution to health care since 2008 and the fund balance of the fund has been used to absorb needed increases in both the employer portion and the employee's portion. That is no longer an option. March 27, 2012 -38- Item -V-G CITYMANAGER'S PRESENTATION ITEM #61713(Continued) The proposed Budget recommends funding the cost to open new facilities at $9.4-Million. The proposed amount includes adding 68.6 new Full Time Employee's (FTE's). The City was able to avoid hiring 28 additional employees for two years by transferring staff from Bow Creek Recreation Center while closed fo~° renovation to the new Williams Farm Recreation Center. However, in FY 201 S 28 FTE's will be needed to staff the Bow Creek Recreation Center. The new ladder truck at the Town Center station will require 12 additional fire fighters and the Joint Use Library which is in partnership with Tidewater Community College is requiring 39 additional staff. There is no longer a School Funding Formula. The old formula would have provided the Schools $5- Million less than this fiscal year due to declines in real estate taxes. The target amount provided to the Schools was $356-Million, just over $7-Million less than received this fiscal year. The proposed Budget recommends an additional $18.8-Million more in local funding which will cover all but 17.6-Million of the School's request. March 27, 2012 -39- Item -V-G CITYMANAGER'S PRESENTATION ITEM #61713(Continued) The proposed Budget is $1.7-Million higher than the current year's Budget due to absorbing a great deal of new costs. The City and Schools are spending $Sl.l -Million in new benefit costs required to keep employee's health insurance and pension system solvent. This is the equivalent of a nearly 6% pay raise. This is before the additional cost of the new VRS mandates. The proposed Budget also includes opening foicr (4) new facilities requiring additional staff and debt costs. All totaled, this over $75-Million in new costs. Without these drivers, the proposed Budget would be at $1.68-Billion or $82-Million less than the FY 2009 Budget. While this Budget funds a lot of programs, services and mandates, it cannot cover ever thing. Some services for both the City and Schools are being reduced. Over the past four (4) years, we have eliminated 273 positions and this year will eliminate an additional 16, even with the opening of new facilities. March 27, 2012 -40- Item -V-G CITYMANAGER'S PRESENTATION ITEM #61713(Continued) Real estate is the City's single largest revenue source and is critical to maintain City and School services. bi November, during the Five Year Forecast, it was thought real estate assessments would drop by 5.5% on average. The "good news " is that it only dropped by 3.7%. This is the fourth year of dropping values. The average home value has dropped from $259,400 in 2009 to $219,900 in FY 2013. That decrease in assessed value has meant a loss of $66.5-Million in revenue to the City over those four years. The proposed Budget recommends a 04 Cent increase in the rate to maintain revenue from current properties at the 2012 level. This 04 Cent increase would generate $19-Million in revenues. March 27, 2012 -41- Item -V-G CITYMANAGER'S PRESENTATION ITEM #61713(Continued) The table below shows the decrease in the median home value from the current fiscal year till next, even with the 04 Cent rate increase means a $10.00 reduction in the tax bill. The graph distributes the percent of homes by the percent change in home values. The majority of homeowners will see a decrease in their assessments, with nearly 81 % of homeowners seeing a decrease between 20% to 1 % less than their current year assessment. Overall, 57% percent of homeowners will see a decrease in their tax bill even with the 04 Cent increase in the rate. The below graph illustrates the revenue to the City that impact the decline in property values has had. The small dashed line shows the revenue including the 04 Cent tax increase. March 27, 2012 -42- Item -V-G CITYMANAGER'S PRESENTATION ITEM #61713(Continued) This revenue is recovering from the Recession with an estimated increase of 7.1 % over FY 2012. The growth is driven by improvements in business, personal property, stronger new car sales and used cars maintaining value. The State Personal Property Tax Relief Act credit will cover 59% of the bill for the first $20, 000 in value. ___ - __--- - - - The next three revenues are most tied to economic volatility and can provide early indications of economic troubles. During the Recession most were in decline, especially General Sales reflecting the lack of consumer confidence. Since last Summer all three revenues are in positive growth although not nearly the kind of growth they had experienced before the Recession. March 27, 2012 -43- Item -V-G CITYMANAGER'S PRESENTATION ITEM #61713(Continued) General Sales Tax Revenue for FY 2011 finished 2.9% higher than FY 2010. Sales have had positive growth for 21 of the last 24 months. Growth is returning slowly, but not close to the growth experienced in 1997 to 2007 where average growth was 4.7% per year. The FY 2013 General Sales forecast estimates revenue to achieve the FY 2008 level. The State's share of Sales Tax for Schools is expected to decline 4.5 % from the FY 2012 Budget based on the State's estimate. This is a portion of the General Sales Tax Revenue collected by the State and redistributed by the State to the School Systems based on student enrollment and changes in basic aid. Even though the State is forecasting a 5.7% growth in sales, the State Budget is showing this funding to the School System declining. The graph below shows the base Hotel Tax excluding the flat tax and the amount collected for Sandbridge. This has performed well through the Recession generating $23.4-Million; however, this revenue stream is highly dedicated to special programs. The pie chart indicates the various dedications and only 25% remains in the General Fund. The $1 per room night flat tax that benefits the Tourism Advertising Fund is just over $1.9-Million and the Hotel Tax generated within the Sandbridge SSD is expected to be $1.3-Million in FY 2013. March 27, 2012 -44- Item -V-G CITYMANAGER'S PRESENTATION ITEM #61713(Continued) Restaurant Meals Tax never experienced negative growth, though the growth was effectively flat for two (2) years prior (2009 and 2010). This is likely to indicate that eating out is no longer a luxury for most families. TI~e Utility Tax revenue is comprised of four (4) components, Electric and Gas Utility Taxes, Electric and Gas Consumption Tax, Water Utility Tax and Virginia Telecommunications Tax. The State collects the Virginia Telecommunications Tax and distributes it back to localities based on a formula developed when the General Assembly passed legislation consolidating all local Telecommunications Taxes. The intent of this Legislation was to be revenue neutral to localities. From the graph below this is not the case. At least part of the decline is related to consumers giving up landline phones and the market is saturated with mobile phones at this point; most adults have one and the growth is in those individuals -teens and preteens -who get a mobile phone for the first time. There have been a number of large rebates given by the State that have impacted this revenue stream. The long-term impact of these rebates is unknown because the City does not receive data whether these are one-time rebates or permanent exonerations. Overall electric and gas utilities are essentially even. Water is increasing 4%, primarily related to rate increases versus usage. Consumption is down slightly. March 27, 2012 -45- Item -V-G CITYMANAGER'S PRESENTATION ITEM #61713(Continued) The Business License Tax is trending upward with a 2.6% increase over the current year's estimate as seen in the graph below. However, because BPOL comes in so late, it is difficult to project. The Commissioner of Revenue's Office indicates the number of licenses issued is up 17% from last year. This may be more of an indication that businesses are feeling healthier with the improving economy and are paying earlier. FY 2012 collections of Cigarette Taxes are expected to exceed the Budget estimate by nearly $400, D00, more in line with FY 2011. Therefore, the proposed Budget estimate is 3.2% higher than the current fiscal year. March 27, 2012 -46- Item -V-G CITY MANAGER'S PRESENTATION ITEM #61713(Coiztinued) The Amusement Tax Revenue has been fully dedicated to the tourism investment program (formerly known as major projects and TGIF). We are predicting this revenue will grow by 8.6% over the current year's estimate due in large part to the increase in revenue from the Virginia Destroyers. City Departments are asked to adjust rates in the various fees and charges to keep up with costs of services and reduce subsidies from general taxes. There is a complete list of fee increases included in the Ba~dget Executive Summary on page 57; however, the major adjustments are the previously approved Sewer ($3.5-Million) and Storm Water ($4.6-Million) rate increases, several proposed increases in Recreation Fees( $1.1-Million) and a new Technology Fee in Planning to support the new Customer Access Automation System (Accela). March 27, 2012 -47- Item -V-G CITYMANAGER'S PRESENTATION ITEM #61713(Conti~iued) Automobile licenses are up 3.8% reflecting the strong new car purchases. Cable Franchise Taxes are also up again. This revenue did well through the Recession and continues to show strong growth primarily through upgrades in services packages and cost increases from providers rather than new customers. The total State funding is $439,482,853, of which Schools accounts for $327- Million (74.4%) and City $112.3-Million (25.6%). The total State funding increased 0.96%from FY 2012 adjusted budget. March 27, 2012 -- - -48- Item -V-G CITYMANAGER'S PRESENTATION ITEM #61713(Continued) Total Federal Revenues is $120,131,944, of which Schools receive $79.9-Million (66.5%) and City receives $40.3-Million (33.5%). The total Federal funding decreased 21.5% from FY 2012 adjusted budget primarily due to the loss of Federal Stimulus funding for education. The graph below shows 3% of the proposed budget is covered by Fund Balance. The City is judiciously using General Fund Balance to avoid major impacts to community services or the need for a higher tax rate increase. The proposed Budget is within the City Council's General Fund Balance Policy of maintaining 8 to 10 % of next year's revenues. The proposed budget uses $21.7-Million of General Fund Balance, but remains at 9.6% of FY2013's revenue estimates. March 27, 2012 -49- Item -V-G CITYMANAGER'S PRESENTATION ITEM #61713(Continued) Overall, revenues are increasing as the economy improves. In total, the Operating Budget is up $1.7- Million or just 1/10`x' of a percent. The proposed Budget does rely on use of Fund Balance at $53.5- Million, total of which $21.7-Million is General Fund and it includes a proposed real estate rate increase of 04 Cents. March 27, 2012 -50- Item -V-G CITYMANAGER'S PRESENTATION ITEM #61713(Continued) The major focus of the proposed FY 2012-13 CIP is the replacement, maintenance and renewal of the existing capital assets. While it may be easy to defer replacement and maintenance of assets during tough fiscal times, in doing so this ultimately increases annual operating expenditures and the asset may not meet current needs, which is why replacing projects like Kellam High School, Old Donation/Kemps Landing Magnet School, the 4`~` Precinct and replacing and relocating the Parks and Recreation Administrative Building on Lynnhaven Parkway is critical to meeting the citizen's current needs. The City reviewed all of its buildings and ranked the top 13 buildings needing replacement. The 4``' Precinct and the Parks and Recreation Administrative off ces were on that list. The City also has important Storm Water needs that must be met. FY 2013 is the 2"d year of the City Council approved three year phase-in of a rate increase to address the backlog of needed food control, water quality, and operations and maintenance needs. FY 2013 is the 3'~d year of a four (4) year, stepped Sewer Rate increase to support the Capital and Operating Budget impact of the Regional Consent Order. March 27, 2012 -51- Item -V-G CITYMANAGER'S PRESENTATION ITEM #61713(Continued) The graph below shows the City's focus on existing assets. Almost 80% of the Six-Year Program is focused on the replacement, renovation of existing capital assets. With the remaining 20% of the program focused on issues like new facilities, design and site acquisition. The self supporting Storm Water and Water/Sewer Utilities make up the largest proportion of funding. Li the General Government portion of the CIP, the Schools have the largest amount of funding. The roadway section is the 2"d largest proportion of general government funding. While the Governor's Transportation Plan and Federal Stimulus funding helped address recent roadway needs, there is no sustainable transportation funding coming from the State in the future. The Parks and Recreation Section includes the funding for the recently approved acquisition of Pleasure House Point; however, due to declining real estate assessments, which is one of the major dedicated sources for Parks and Recreation projects, the modernization of Kempsville Recreation Center had to be removed from the Six Year Plan. The Coastal Section includes dredging projects, including the first Neighborhood Dredging Project supported by a Special Service District rate -Old Donation Creek. This section also includes beach replenishment projects for Sandbridge and the Resort Area. Two-thirds of the Economic and Tourism Section is for the BRAC Project, but does include funding for the Rudee Inlet Connector Walk nor Burton Station, Newtown Road and Rosemont Strategic Growth Areas. One of the major focus areas in last year's Budget was addressing deficiencies in funding for technology projects. While there was limited funding to move this focus area forward, two (2) significant projects include the Police's Integrated Public Safety Record Management System and the Communications Infrastructure Replacement project. March 27, 2012 -52- Item -V-G CITYMANAGER'S PRESENTATION ITEM #61713(Continued) The funding for the Six Year Program is detailed on the slide below. The largest source of funding is debt, which represents a little less than half of the funding sources for the CIP. Two local cash sources, Pay-As-You-Go and Fund Balances, represent about 40% of the CIP. The biggest concern is that State and Federal Sources represent the remaining 10% of the funding. The lack of sustainable State money for transportation construction funds is not just a City issue but a Regional issue as well. The roadways don't just stop at the City's borders, and the lack of transportation funding will affect daily commutes to ~~ork, impact commerce within the Region and could impact the tourism industry. Lack of State Funding is also impacting the Schools. Lottery funds for school construction have been redirected into the State Budget and State construction funding for Schools has been eliminated. This is an annual loss of $10- Million that once was available for school construction. March 27, 2012 -53- Item -V-G CITYMANAGER'S PRESENTATION ITEM #61713(Continued) The table below compares the proposed Six Year Program to last year. Over the next six years, the City will spend around $60-Million less on its capital construction and maintenance needs than it planned in FY 2011-12. The largest reduction is in Roadways. While the Governor's Transportation Plan allowed important projects to move forward in the FY 2011-12 CIP such as the Lesner Bridge Replacement, Witchduck Road -Phase II, and Holland Road -Phase VI, the State is no longer providing sustainable roadway construction funding. Overall, the Schools CIP is decreasing mainly due to the previously mentioned issues concerning the loss of State Lottery funds for construction and the loss of State school construction funding. The other issue is the Schools, like the City, have redirected Pay-As-You-Go financing from the Operating Budget to the CIP to preserve critical services. Two areas are seeing somewhat significant increases. The first area is utilities, including storm water and water/sewer, due to the storm water backlog and the Regional Consent Order. The other is buildings, which has a heavy focus on renewal and replacement of existing infrastructure. March 27, 2012 -54- Item -V-G CITYMANAGER'S PRESENTATION ITEM #61713(Cor~tinued) Comparing this CIP to the FY 2009 CIP provides a good summary of how funding has changed. The FY 2008-09 CIP was adopted before the impacts of the Recession were significantly felt. Reduction in cash funding was primarily replaced with bonds/lease purchases and by reducing projects in the Six Year Capital Improvement Program, which increases the backlog of needed projects. When comparing means of financing for the FY 2008-09 CIP directly to the proposed FY 2012-13, the overall CIP Six Year Program funding has decreased by 8%. The largest reduction in funding is Pay-As-You-Go, which decreased by $134.8-Million or 27%. The City has not fully allocated Charter Bonds. Approximately $77-Million is available over the Six-Year CIP to address City Council's strategic initiatives. The loss of State Funding is probably understated above because some of the State Funding for transportation was spent directly by the State and did not come through the City. Although resources were limited over the previous five years, City Council remained focused on the needs of the community and accelerated the funding of key projects like the Joint Use Library with Tidewater Community College, John B. Dey Elementary School , Old Donation/Kemps Landing Magnet School, the Williams Farm Recreation Center, Town Center Fire and Rescue Station and the Animal Care and Adoption Center. March 27, 2012 -55- Item -V-G CITYMANAGER'S PRESENTATION ITEM #61713(Continued) Almost all of any additional funding over the six years was placed in replacement/maintenance projects as noted in the project listing below. More detail about these projects can be found in the Capital Improvement Program document. Most of the funding for the projects shown below is not available until years 3 - 6 of the Capital Improvement Program. March 27, 2012 -56- Item -V-G CITYMANAGER'S PRESENTATION ITEM #61713(Continued) The CIP remains focused on maintenance and modernization projects. The proposed budget recommends an increase of the Real Estate Tax rate and use General Fund Balance to support School and City programs. Even though Real Estate Tax Revenues are still declining, most other local revenues are improving. The major issues in the proposed Budget are related to increases in fixed costs of Retirement and Health Care. March 27, 2012 -57- Item -V-G CITYMANAGER'S PRESENTATION ITEM #61713(Continued) The chart below provides information for how the $90-Million deficit of the Five Year Forecast was closed. The $90-Million deficit included the increase in VRS and Health Insurance costs, as well as a 3% pay raise for School Employees. Other costs included were inflationary increases and opening the four (4) new facilities. The Five Year Forecast used a much worse decline in Real Estate Tax Assessments than was reported to you in February allowing some improvement in revenue since the forecast. All three Rating Agencies have maintained the City's Triple A Bond Rating. In its review, Fitch noted the City's detailed financial monitoring and substantial financial flexibility. The proposed Budget seeks to maintain the quality of life this community deserves, the services it expects from its government and School system while being as financially conservative as possible. March 27, 2012 -58- Item -V-L1 BID OPENING ITEM #61714 Mayor Sessoms called for the Bid Opening and read the following: "LEASE OF CITYPROPERTY-Whitehurst-Buffington House" "Pursuant to Virginia Code Section 15.2-2102, the Chair will now summarize the bids that have been received for a proposed lease of approximately 8.6 acres of Ciry-owned property located at 2441 North Landing Road for the restoration, preservation and operation of the property commonly known as the "Whitehurst-Buffington House': "One bid has been received, as follows: "Friends of the Whitehurst-Buffington House Foundation" has bid: - Term: 40 year term. - Rent: $1.00 per year. - The Foundation proposes to restore and rehabilitate the Whitehurst-Buffington House and operate the property as a historic, cultural and recreational amenity. "Are there any other persons desiring to submit a bid at this time? "There being no further bids, the bidding is closed. "The staff has reviewed the bid of the Friends of the Whitehurst-Buffington House Foundation and recommends to Council that it adopt an ordinance awarding a lease of the property to that bidder. March 27, 2012 -59- Item -V-L2/a PUBLIC HEARING ITEM #6171 S Mavor Sessoms DECLARED A PUBLIC HEARING: LEASE OF CITYPROPERTY- 2441 North Landing Road Whitehurst Buffington House There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. March 27, 2012 -60- Item -V-L2/b PUBLIC HEARING ITEM #61716 Mayor Sessoms DECLARED A PUBLIC HEARING: LEASE OF CITYPROPERTY- 3592 Indian River Road Wildlife Rehabilitation Center There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. March 27, 2012 -61- Item -V-L3 PUBLIC HEARING ITEM #61717 Mayor Sessoms DECLARED A PUBLIC HEARING: BAYVILLE CREEK DREDGING PROJECT -Special Service District Bob Fitzgerald, resident and Managing Director of the Bayville Creek Dredge Project, thanked City Council for extending the SSD program to the residents on the Western Branch. Specifically, Mr. Fitzgerald thanked Vice Mayor Jones for his continued support of this project and the entire Bayside District. This project is pretty complicated and has taken a long time as this project having been in the works for over ten (10) years. The residents understand and agree to the terms of the project and look forward to moving forward. There being no other speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. March 27, 2012 -62- Item -V-J.1 PUBLIC COMMENT ITEM #61718 Mayor Sessoms DECLARED PUBLIC COMMENT: LYNNHAVENSTRATEGIC GROWTHAREA There being no speakers, Mayor Sessoms CLOSED THE PUBLIC COMMENT. March 27, 2012 -63- Iteirr -V-If ADOPT AGEND FOR FORMAL SESSION ITEM #61719 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION March 27, 2012 -64- Item -V-K ORDINANCES/RESOL UTIONS ITEM #61720 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED IN ONE MOTION, Items 1, 2a/b, 3a, 4, 5, 6, 7a/b, 8, 9 and 10 of the CONSENT AGENDA.. Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 27, 2012 -65- Item -V-K.1 ORDINANCES/RESOLUTIONS ITEM #61721 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT: Ordinance to AMEND X33-113.1 of the City Code re administrative approval of certain encroachments Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 27, 2012 1 AN ORDINANCE TO AMEND CITY CODE SECTION 33- 2 113.1 REGARDING ADMINISTRATIVE APPROVAL OF 3 CERTAIN ENCROACHMENT APPLICATIONS 4 5 SECTION AMENDED: § 33-113.1 6 7 Whereas, Virginia law requires any person with improvements on public property 8 to first obtain the permission of the locality; and 9 10 Whereas, the City Council has previously provided for the administrative 11 approval of certain encroachments including private underground utilities and 12 subdivision identification signs; and 13 14 Whereas, it is desirable to modify the definition of private underground utilities 15 and subdivision identification signs to further the intent of City Council to allow these 16 encroachments to be approved administratively. 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA, THAT: 20 21 Section 33-113.1 is hereby amended and reordained to read as follows: 22 23 Sec. 33-113.1. Criteria for administrative approval of certain encroachment 24 applications. 25 26 (a) City council hereby authorizes the city manager or his designee, upon proper 27 application to the department of public works, to approve any encroachments into 28 public streets, ways, places, or property for private underground utilities and 29 subdivision identification signs when the following conditions are met: 30 31 (1) The owner shall remove the encroachment within thirty (30) days when notified 32 by the city, at no expense to the city; and 33 34 (2) The owner shall indemnify, hold harmless and defend the City of Virginia 35 Beach, Virginia, its agents, and employees, from and against all claims, damages, 36 losses, and expenses, including reasonable attorney's fees in case it shall be 37 necessary to file or defend an action arising out of the location or existence of such 38 encroachment; and 39 40 (3) The owner shall obtain and keep in effect liability insurance with the city as 41 named insured in the minimum amounts of five hundred thousand dollars 42 ($500 000 00) per person injured and property damage per incident combined for 43 private underground utility encroachments and two hundred and fifty thousand 44 dollars ($250 000 00) per person insured and property damage per incident 45 combined for subdivision identification sign encroachments; and 46 47 {~} ~ The owner shall construct and maintain the encroachment to prevent it from 48 becoming unsightly or a hazard; and 49 50 {4~ ~ Prior to construction within any existing public right-of-way, the owner or his 51 agent shall obtain a permit from the ~y civil inspections division of the 52 department of his-werlES tannin ;and 53 54 {5} ~ The owner shall make no open cut of a public roadway unless the plan is 55 approved by the city manager or his designee and the city engineer; and 56 57 {~ ~ Prior to construction within any existing right-of-way, the owner or his agent 58 shall submit, and have approved, a traffic control plan; and 59 60 {~} ~ The owner shall submit for review and approval, a survey of the area being 61 encroached upon, certified by a professional engineer, and/or "as-built" plans of the 62 encroachment, if required by either the city engineer's office or the engineering 63 division of the public utilities department; and 64 65 {~} ~ If the encroachment is private water or private gravity sanitary sewer 66 laterals or force mains, the owner shall abandon the private service and connect to 67 the city system when it becomes available to the site being serviced; and 68 6g {~ 10 Above ground encroachments shall conform to the minimum setback 70 requirements, as established by the city traffic engineer's office; and 71 72 {~} 11 If the encroachment is a subdivision sign, the sign shall not exceed thirty- 73 two (32) square feet per face, shall not exceed two (2) faces, shall not exceed six 74 (6) feet above the natural grade at the curb, and landscaping shall be approved by 75 the department of parks and recreation. 76 77 (b) Definitions. The following words, when used this section, shall, for the purpose of 78 this section, have the meanings respectively ascribed to them herein, except in 79 those instances when the context clearly indicates a different meaning: 80 81 (1) "Owner" shall mean the person who holds legal title to a building or the land 82 upon which it is situated, either or both. 83 84 (2) "Private underground utilities" shall mean any private gravity or forced main 85 lateral for the conveyance of raw sewerage, water or storm drainage, rip vate 86 irrigation systems and underground conduit for wires and cables. 87 88 (3) "Subdivision identification signs shall mean any noncommercial sign 89 identifying a residential subdivision including electrical components necessary to 90 light the sign and associated landscaping and related irrigation around the sign. 91 92 (c) Any encroachment shall be constructed and maintained in accordance with the 93 laws of the Commonwealth of Virginia and the City of Virginia Beach except as 94 otherwise provided in this section, or by section 33-113 or section 33-114. Except 95 as otherwise provided in this section or section 33-113 or section 33-114, no 96 encroachment or use and occupancy of a public street, way, place or property of 97 whatever nature in a manner not permitted to the general public shall be authorized 98 or permitted without the consent of the city council. Every such encroachment, use 99 and occupancy shall constitute a nuisance and may be abated in any manner 100 provided by law. 101 102 (d) This section shall not be read as authorizing any encroachment which would be 103 prohibited by any other laws of the City of Virginia Beach, Virginia, or the 104 Commonwealth of Virginia. 105 106 (e) If it is determined that an application for an encroachment does not meet all of the 107 criteria listed above, then the city manager or his designee is expressly prohibited 108 from approving the encroachment application. The applicant may then follow the 109 procedure set forth in section 33-113 of the City Code in order for said 110 encroachment to be considered by city council. 111 112 (f) Any encroachment granted pursuant to this or any other City Code section is a 113 license merely and shall be revocable at the pleasure of the city council. Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 ~ th day of Ma rch .2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~.. ~ i P b c Works -Real Estate n 's ice APPROVED AS TO CONTENT: ~~ ~ ~~ `~_._ Finance -Risk Management V~ CA12066 R-2 March 6, 2012 -66- Item -V-K.2a/b ORDINANCES/RESOLUTIONS ITEM #61722 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT: Ordinances re Bayville Creek Neighborhood: a. AMEND and REORDAIN~35.3-8 of the City Code re creation of a Special Service District (SSD) and levy additional taxes on Real Property b. ESTABLISH a Capital Project "Bayville Creek Neighborhood Dredging" and TRANSFER $324,984 from the General Fund re engineering and design Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 27, 2012 1 AN ORDINANCE TO AMEND AND REORDAIN THE CODE 2 OF THE CITY OF VIRGINIA BEACH TO CREATE THE 3 BAYVILLE CREEK NEIGHBORHOOD DREDGING 4 SPECIAL SERVICE DISTRICT AND TO LEVY ADDITIONAL 5 TAXES ON REAL PROPERTY WITHIN THE BAYVILLE g CREEK AREA DREDGING SPECIAL SERVICE DISTRICT 7 g SECTION ADDED: 35.3-8 9 10 WHEREAS, The City of Virginia Beach has procured signed petitions from at 11 least 80% of the residents of the Bayville Creek Dredging Area waterfront property 12 owners; and 13 14 WHEREAS, the petitions provide the signers commit to the imposition of special 15 service district ("SSD") taxes and other contributions as set forth in Further detail herein; 16 and 17 18 WHEREAS, the Bayville Creek Area Dredging Project ("Project") includes three 19 (3) cycles of dredging; and 20 21 WHEREAS, although the SSD taxes will begin July 1, 2012, the first dredging is 22 planned for FY 2013-14, the second is planned for FY 2019-20, and the third is planned 23 for FY ?_026-27; and 24 25 WHEREAS, the Project is a partnership addressing related dredging activities: 26 the community channel dredging, which is supported by City contributions to the Special 27 Service District; the neighborhood channel dredging, which is supported by the levy of 28 Special Service District taxes; and the access channels, which are supported by 29 individual contributions to the Special Service District; and 30 31 WHEREAS, the rate established by this Ordinance is based on the FY 2011-12 32 real estate assessed value of the subject properties; and 33 34 WHEREAS, City staff will re-calculate the estimated Project costs at a minimum 35 of every four (4) years; and 36 37 WHEREAS, the City Council of the City of Virginia Beach believes that 38 undertaking the Project is in the best interest of the public and is a reasonable exercise 39 of the City's authority to promote general welfare, including commerce and industry of 40 the City and the inhabitants thereof. 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 43 VIRGINIA BEACH, VIRGINIA: 44 45 1. That the Code of the City of Virginia Beach, Virginia, is hereby amended and 46 reordained as follows: 47 1 48 Section 35 3 8 Creation of the Bavville Creek Area Dredaina Special Services 49 District. 50 51 a. There is hereby created the Bavville Creek Area Dredqinq Special Service 52 District for the purposes set forth in this chapter and those set forth m Code of 53 Virginia section 15.2-2403. 54 b. The boundaries of the Bavville Creek Area Dredqinq Special Service District shall 55 be described in detail by the map attached to this ordinance. 56 c. The Bavville Creek Area Dredqinq Special Service District shall dissolve on July 57 1, 2028, if not sooner. 58 59 2. There shall be levied and collected beginning in fiscal year 2013, taxes for the 60 special purpose of providing neighborhood dredging on all real estate within and 61 pursuant to the Bavville Creek Area Dredging Special Service District at the rate of 36.3 62 cents ($0.363) on each on hundred dollars ($100) of assessed value thereof. This real 63 estate tax rate shall be in addition to the real estate tax rate set forth by the General 64 Real Estate Tax Levy adopted by City Council. This tax rate shall apply without 65 reduction to any properties subject to ad valorem taxes including those properties 66 enrolled in the Exemption, Deferral or Freeze for Elderly and Disabled Persons, City 67 Code §§ 35-61, et seq. As set forth in Code of Virginia, section 15.2-2403(6), written 68 consent is required to apply this tax rate to the full assessed value of properties subject 69 to special use value assessment. The real estate tax rate imposed herein shall be 70 applied on the basis of one hundred percentum (100%) of the fair market value of such 71 real property except for public service real property, which shall be on the basis as 72 provided in Section 58.1-2604 of the Code of Virginia. 73 74 3. The City Manager or designee is hereby authorized to enter into contracts and to 75 perform other actions consistent with this ordinance. 76 77 4. Paragraphs 1 and 3 shall be effective immediately. 78 79 5. Paragraph 2 shall be effective July 1, 2012. Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 ~ t h day of March , 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT J!~J 1 Management Services s c~ APPROVED AS TO CONTENT: Pubic orks APPROVED AS TO LEGAL SUFFICIENCY: C~ City Attorney's Office R-1 /CA-12194/February 27, 2012 1 AN ORDINANCE TO CREATE CAPITAL PROJECT #8-501, 2 "BAYVILLE CREEK NEIGHBORHOOD DREDGING," AND 3 TO TRANSFER FUNDS TO CIP #8-501 4 5 WHEREAS, by separate ordinance the City Council established the Bayville 6 Creek Neighborhood Dredging Special Service District; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, THAT: 10 11 1. Capital Improvement Project # 8-501, "Bayville Creek Neighborhood Dredging" 12 is hereby created in the FY 2011-12 Capital Improvement Program; and 13 2. $324,984 is hereby transferred from the FY 2011-12 General Fund Reserve for 14 Contingencies to Capital Project # 8-501, to begin engineering and design work 15 required by the Project. Adopted by the Council of the City of Virginia Beach, Virginia, on the 27th day of March , 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: -~ ,~ ; ~~~~ ~_ `~ Management Services Public Wor APPROVED AS TO LEGAL SUFFICIENCY: ~~C~ City Attorney's Office CA12210 R-2 March 16, 2012 -67- Item -V-K.3a ORDINANCES/RESOLUTIONS ITEM #61723 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT: Ordinances to AUTHORIZE the City Manager to EXECUTE leases of City-owned property: a. Whitehurst-Buffington House at 2441 North Landing Road re historic, educational and nature based programs Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 27, 2012 1 AN ORDINANCE TO AUTHORIZE THE CITY 2 MANAGER TO EXECUTE A LEASE FOR 40 3 YEARS FOR THE USE OF CITY PROPERTY 4 LOCATED AT 2441 NORTH LANDING ROAD FOR 5 HISTORIC, EDUCATIONAL AND NATURE-BASED 6 PROGRAMS 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of approximately 9 8.6 acres of real property, including the Whitehurst-Buffington House, located at 2441 10 North Landing Road (GPIN 1494-90-4627) (the "Property"); 11 12 WHEREAS, on February 16, 2011, the City issued its Request for Proposals 13 seeking proposals for the sale or lease of the Property for light commercial, residential 14 or cultural non-profit use (the "RFP"); 15 16 WHEREAS, City staff reviewed all responses received to the RFP and 17 recommended along-term lease of the Property; 18 19 WHEREAS, the City solicited bids, as required by the Code of Virginia, for the 20 long-term lease of the Property; 21 22 WHEREAS, The Friends of the Whitehurst-Buffington House Foundation (the 23 "Foundation") proposes to lease the Property for 40 years for the purpose of operating 24 the Property, including the Whitehurst-Buffington House, on anon-profit basis for 25 historic, educational and nature-based uses; 26 27 WHEREAS, City staff reviewed all bids that were submitted and determined that 28 Foundation's bid would be an appropriate use of the Property and would be consistent 29 with the City's goals of preserving the historic attributes of the Property and the City of 30 Virginia Beach; and 31 32 WHEREAS, City staff recommends the award of a lease of the Property to the 33 Foundation. 34 35 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 36 OF VIRGINIA BEACH, VIRGINIA: 37 38 That the City Manager is hereby authorized to execute a lease for the term of 39 forty (40) years between The Friends of the Whitehurst-Buffington House Foundation 40 and the City, in accordance with the Summary of Terms, attached hereto as Exhibit A, 41 and made a part hereof, for approximately 8.6 acres of City-owned property located at 42 2441 North Landing Road, and such other terms, conditions and modifications deemed 43 necessary and sufficient by the City Manager and in a form deemed satisfactory by the 44 City Attorney. 45 Adopted by the Council of the City of Virginia Beach, Virginia on the 2 ~ th day of 46 March , 2012. APPROVED AS TO LEGAL SUFFICIENCY AND FORM: APPROVED AS TO CONTENT: City orn y CA12153 \\vbgov.com\DFS 1\Applications\CityLawProd\cycom32\Wpdocs\D007\P007\00051132.DOC R-1 ,L, ~~~' Department of Museums March 15, 2012 EXHIBIT A SUMMARY OF TERMS LEASE OF CITY-OWNED PROPERTY KNOWN AS THE WHITEHURST-BUFFINGTON HOUSE LESSOR: City of Virginia Beach (the "City") LESSEE: The Friends of the Whitehurst-Buffington House Foundation (the "Foundation") PREMISES: Approximately 8.6 acres, including the Whitehurst-Buffington House, located at 2441 North Landing Road (GPIN 1494-90-4627) TERM: Forty (40) years RENT: Rent shall be one dollar ($1.00) per year. RIGHTS AND RESPONSIBILITIES OF THE FOUNDATION (LESSEE): • After completion of City Repairs, defined below, the Foundation shall commence restoration of house within twelve (12) months of execution of lease. • Restoration shall be consistent with historic treatment plan approved by the City. • Critical repairs shall be completed within 36 months of execution of lease. • All restoration shall be complete within 60 months of execution of lease. • Will keep, repair, and maintain the Premises at its expense and will do so in a workmanlike manner. • Will maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Such insurance shall name the City of Virginia Beach as an additional insured. Lessee shall provide a certificate evidencing the existence of such insurance. • Will assume the entire responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. • Will apply for a conditional use permit for assembly uses and occasional overnight stays in the house. • Will only use the Premises for identified historic and nature-based uses. • Will be responsible for payment of all taxes. RIGHTS AND RESPONSIBILITIES OF THE CITY (LESSOR): • Subject to appropriation, City will repair damages caused by recent vandalism, and remove/remediate existing environmental hazards. Estimated cost is $31,400 • Subject to appropriation, City will make improvements to existing access road. Estimated cost is $22,000. City shall have the right to further improve the road and connect to adjacent West Neck Creek Natural Area in the future (collectively with the repairs above, the "City Repairs") • Will be responsible for all grounds maintenance. • Will have the right to use Premises, including the house, for at least four (4) events per year. • Will be responsible for payment of all utilities with Lessee responsible for electric usage over an annual amount. V : ~applicat ions\citylawprod\cycom32\ W pdocs\D027\P002\000361 12. DOC -68- Item -V-K.3b ORDINANCES/RESOLUTIONS ITEM #61724 Ordinances to AUTHORIZE the City Manager to EXECUTE leases of City-owned property: b. 3592 Indian River Road re Wildlife Rehabilitation The following individuals registered to speak: Bill Haynie, 2472 Laurel Cove Drive, Phone: 407-8821, spoke in FAVOR, stating he is a Member of the Executive Committee for Wildlife Response, Inc. From his observation, the Board Members are ext~°emely committed to Wildlife Response and excited about the proposal. This project has been a labor of love for the past six (6) years for him. WRI received an endorsement from the Christian Chapel Assembly of God, a nearby church community owning an adjacent parcel of land. The Center does not seek to supplant or replace home based rehabilitators but rather to compliment their work and give them a place to bring wildlife that is too critical or difficult to work with at their home. WRI is the appropriate party to operate this facility by providing over twenty (20) years of wildlife rehabilitation services to Hampton Roads. Sharon Szalai, 3200 Creekwood Road, Norfolk, Phone: 438-669, spoke in FAVOR, stating she is the Vice-Chair of the Building Committee for WRI. Ms. Szalai is an Architect and Principal/Owner of Architectural Design Firm in Norfolk. She will use her skill set to assist in the development of the Wildlife Center and explore opportunities for sustainable design. Many sustainable green aspects have been identified in this project. Kathy Owens, 2567 Landview Circle, Phone small commercial development company in creating jobs, the industry has been known Wildlife Center is so important. She is Fundraising Chair. 496-3611, spoke in FAVOR, Virginia Beach. In the coa to disturb wildlife from timE stating she is the owner of a Vse of building projects and to time and this is why the also a Member of the Executive Committee, serving as Mark Roth, 2214 Roanoke Avenue, Phone: 617-3945, spoke in FAVOR. Mr. Roth is a 30+ year resident. Mr. Roth is one of the newest members of the WRI Board and is excited about this organization. Mr. Roth will use his skill set with Grant Writing. Some of the grants that are available are sustainable design grants, wildlife grants, alternative energy grants, student education and activity grants and veterinary grants just to name a few. Lisa Barlow, 348 Morgan Trail, Phone: 420-7879 spoke in FAVOR. Ms. Barlow is a Kempsville resident, a Licensed Veterinary Technician Wildlife Rehabilitator and President of WRI. 2012 is WRI's 20`'' Anniversary. Currently WRI has over 230 members with 89% residing on the Southside and of these 46% reside in Virginia Beach. Mike Herron, 2255 Wake Forest Street, Phone: 412-0644, spoke in FAVOR. Mr. Herron is also on the Board for WRI. Mr. Herron is a resident of Virginia Beach and the General Manager and Associate Publisher for Inside Business. The leadership of WRI is in great hands. Of the seventeen (17) Board Members, the majority are business professionals. Courtney Evans 2016 Bierce Drive, Phone: 430-1051, spoke in FAVOR. Mr. Evans is a twelve year Navy Veteran, Certified Microsoft Professional and the Chief Information Officer for the Colonial Property Group. One of the most exciting things about WRI's vision is the integration of technology. The plan is to link all three (3) of the main buildings via computer network. March 27, 2012 -69- Item -V-K.3b ORDINANCES/RESOLUTIONS ITEM #61724(Continued) Brad Furman, 3592 Crofts Pride Drive, Phone: 635-3576, spoke in FAVOR. Mr. Furman is a WRI Board Member and assists with the volunteer coordination of construction work parties. WRI has over 100 Volunteers anxiously waiting to begin this project. Sharon Adams, 3040 Holland Road, spoke in OPPOSITION. Ms. Adams is Director of the Virginia Beach SPCA and staff to the WREN. WREN is a partnership of wildlife organizations and has many members. They take in' thousands of animals from citizens as well as Animal Control Officers, the "central drop off location " is on Holland Road. WREN is the only bidder with a documented history to fundraising capacity. WREN has in place a manned referral line with human beings that answer calls, transport network and veterinary clinic which is different from WRI's proposal. Ms. AdanZs fu~adamentally denies that the two groups cannot work together. Upon motion by Councilman Uhrin, seconded by Councilman Moss, City Council ADOPTED, BY CONSENT.• Ordinances to AUTHORIZE the City Manager to EXECUTE leases of City-owned property: b. 3592 Indian River Road re Wildlife Rehabilitation Voting.• 10-1 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Robert M. Dyer Council Members Absent: None March 27, 2012 1 AN ORDINANCE AWARDING THE LEASE OF CITY- 2 OWNED PROPERTY LOCATED AT 3592 INDIAN 3 RIVER ROAD FOR THE PURPOSE OF 4 CONSTRUCTING, OPERATING AND MAINTAINING 5 A WILDLIFE REHABILITATION FACILITY 6 ~ WHEREAS, the City of Virginia Beach (the "City") owns a parcel of property 8 containing approximately 51 acres, located at 3592 Indian River Road (GPIN 1483-38- 9 6300) (the "Property"). 10 11 WHEREAS, on August 9, 2011, after the required advertisement, City Council 12 opened bids from two parties interested in leasing the Property for the purpose of 13 operating a wildlife rehabilitation facility; with one bidder, Wildlife Rehabilitation and 14 Education Network ("WREN") seeking a forty year lease term and offering rent of ten 15 dollars per year and a second bidder, Wildlife Response, Inc. ("WRI") seeking a forty 16 year term and offering one dollar per year; 17 lg WHEREAS, City Council deemed both bids responsive and directed City staff to 19 evaluate the two bids and make a recommendation to City Council as to whom the 20 lease should be awarded; 21 22 WHEREAS, City staff has determined that the proposal submitted by WRI makes 23 the best use of the Property, and therefore, recommends awarding a lease for the 24 Property to WRI; and 25 26 WHEREAS, WRI and the City have negotiated the terms of a lease in 27 conformance with the WRI's bid, for a term of 40 years, with terms and conditions as set 28 forth in the Summary of Terms attached hereto as Exhibit A; 29 30 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 31 OF VIRGINIA BEACH, VIRGINIA: 32 33 1. The City Council deems the rent proposed by both WREN and WRI to be 34 de minimis and therefore neither party to be the highest bidder for purposes of §15.2- 35 2102 of the Code of Virginia (1950, as amended). 36 2. Notwithstanding the finding in Paragraph 1, above, to the extent WREN 37 could be deemed to be the highest responsive bidder, for the following reasons it is 38 advisable and in the best interests of the City of Virginia Beach to reject the bid of 39 WREN and accept the bid of WRI: 40 a. WRI proposes more comprehensive facilities on the Property with 41 greater wildlife rehabilitation services to be offered, including the 42 eventual construction of an onsite medical center and an onsite 43 educational facility and; 44 b. WRI proposes to have afull-time caretaker live on the Property to 45 enhance security of the facility and the animals living at the facility. 46 46 47 48 49 50 51 52 53 3. That the City Manager is hereby authorized to execute a lease for the Property between Wildlife Response, Inc. and the City, for the term of 40 years, in accordance with the Summary of Terms, attached hereto as Exhibit A, and made a part hereof, and such other terms, conditions or modifications deemed necessary and sufficient by the City Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the 2 ~ th day of March ,2012. APPROVED AS TO LEGAL SUFFICIENCY AND FORM: ,-~''" .~. .M ,~ ! City Atto ~-- APPROVED AS TO CONTENT: Dept. of Wing CA12154 ~;:vbgov.com`.DFS 1 `.Applications.CityLawProd`:cycom32`. Wpdocs\D007~P007~.00051 13?. DOC R-1 March 22, 2012 EXHIBIT A SUMMARY OF TERMS LEASE OF 51 ACRES OF CITY-OWNED PROPERTY LOCATED AT 3592 INDIAN RIVER ROAD LESSOR: City of Virginia Beach (the "City") LESSEE: Wildlife Response, Inc. ("WRI") PREMISES: Approximately 51 acres located at 3592 Indian River Road (GPIN 1483- 38-6300) TERM: Forty (40) years RENT: Rent shall be one dollar ($1.00) per year. USE: • WRI proposes athree-phase restoration and construction project to create a wildlife rehabilitation facility on the Premises. • Phase I will consist of site clean-up, restoration of the existing building on the site to make it suitable as a residence for a property caretaker, installation of outdoor wildlife rehabilitation caging area, and installation of an aquatic bird center. • Phase II will consist of construction of a medical treatment center (approximately 4,500 sq. ft.), additional wildlife rehabilitation enclosures, landscaping, parking and solar/water collector platforms. • Phase III will consist of construction of an administrative facility and education center (approximately 2.400 sq. ft.), and potential bike/nature trails in coordination with the City's Parks and Recreation Dept. • The Premises will be used for wildlife rehabilitation, educational outreach and no other purposes without prior City approval. RIGHTS AND RESPONSIBILITIES OF WRI (LESSEE): • Will commence construction on Phase I within six (6) months of execution of the Lease. Will complete Phase I (evidenced by completing the construction as set forth in WRI's site plan and obtaining a certificate of occupancy) within eighteen (18) months of execution of the Lease. Will complete Phases II and III within forty-eight (48) months of completion of Phase I. Will keep, repair, and maintain the Premises in a workmanlike manner at its sole expense. Will maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Such insurance shall name the City of Virginia Beach as an additional insured. Lessee shall provide a certificate evidencing the existence of such insurance. Will assume the entire responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. Will be responsible for payment of all applicable taxes and utilities. RESPONSIBILITIES OF THE CITY (LESSOR): • The City will have no ongoing responsibilities on the Premises after execution of the Lease. V:~applications\citylawprodAcycom32\Wpdocs~D027AP002\00036112.DOC r~ ~. j ~../'. 5 .~+ l ' r ~ . ', ~ + ~ O , , ~ r ' rF m ,,. . f v ,, ,~~"~,r ` ~ ~ .,:~ ~ ~ ~, n ', cn ~ m ti '~ ' ~" D _ S ' ''i ' T /w ~ ~ m '~, ~ D ~,.. ~ ._ ~~.•~ S .~ `•,. ~~ ., f ` ,:. ,... ~~.. .r' i i ~, ~ ~ oW~ .+ ~ ~ ~~~ 7J °o ti4 ~ ~ '', J~/ ~ ° - _ _ S~J __ / k .,, ~, ~ ,~tl t .~ •t 5''., ~'q54 ~5 4 y'+'11 ~'iye' ~'+. t ,,~x~. e 5~ .'It ti 5 -- ~ III ~ f _ _ 1r .~~ 0 D O Z D -v -~o- Item -V-K.4 ORDINANCES/RESOLUTIONS ITEM #61725 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned right-of- way, known as Treasure Cove Canal, for DAVID J. and AMY S. GOODMAN re existing boatlift, deck, stairway, bulkhead, a wharf and retaining wall with a lift at 2404 Broad Bay Road (DISTRICT S - LYNNHAVEN) subject to: 1. The Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications. 2. Nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity and Grantee shall bear all costs and expenses of such removal. 3. The Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee and that within thirty (30) days after the notice is given the Temporary Encroachment must be removed from the Encroachment Area by the Grantee. The Grantee will bear all costs and expenses of such removal. 4. The Grantee shall indemnify, hold harmless and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. 5. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 6. The Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 7. The Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit "). 8. The Grantee shall make a Four Hundred Fifty-six Dollar ($456.00) payment, payable to the City Treasurer, to the Department of Planning as compensation for the typically required fifteen (15) foot-wide riparian buffer area that cannot be established on the property of the Grantee. Said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to the partial cost of plant material which will be used to restore buffer areas on other City-owned property. 9. The Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies, must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability March 27, 2012 -71- insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location and/or existence of the Temporary Encroachment. 10. The Tempof°ary Encroachment must conform to the minimum setback requirements as established by the City. 11. The Grantee shall procure a variance to allow the forty-eight (48) square foot shed shown on Exhibit A to remain in its current location or moving the shed so that it complies with the City Zoning Code's requirement that accessory structures less than one hundred (100) square feet must be five (5) feet from the property line. 12. The City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied, if it were owned by the Grantee. If such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: I1-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R Dyer, Barbara M. Henley, Mayor William D. Sessoms, James L. Wood Council Members Voting Nay: None Council Members Absent.• None "Bill " DeSteph, Harry E. Diezel, Robert M. Vice Mayor Louis R. Jones, John D. Moss, Jr., John E. Uhrin, Rosemary Wilson and March 27, 2012 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF A VARIABLE 6 WIDTH CANAL ON CITY PROPERTY ~ KNOWN AS TREASURE COVE/CANAL g LOCATED AT THE REAR OF 2404 g BROAD BAY ROAD, FOR PROPERTY 1o OWNERS DAVID J. GOODMAN AND 11 AMY S. GOODMAN 12 13 WHEREAS, David J. Goodman and Amy S. Goodman have requested 14 permission to maintain an existing boatlift, deck, stairway, bulkhead and to construct 15 and maintain a wharf, bulkhead, stairway, deck, retaining wall with back fill, and a single 16 pile personal water craft (PWC) lift upon a portion of City property known as Treasure 17 Cove/Canal located at the rear of 2404 Broad Bay Road, in the City of Virginia Beach, 18 Virginia; and 19 2 o WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 21 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 22 City's property subject to such terms and conditions as Council may prescribe. 23 24 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 2 6 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 27 2009 and 15.2-2107, Code of Virginia, 1950, as amended, David J. Goodman and Amy 2 8 S. Goodman, their heirs, assigns and successors in title are authorized to construct and 2 9 maintain temporary encroachments for maintenance of an existing boatlift, deck, 3 0 stairway, bulkhead and to construct and maintain a wharf, bulkhead, stairway, deck, 31 retaining wall with back fill, and a single pile personal water craft (PWC) lift in a portion 32 of the City's property as shown on the map marked Exhibit "A" and entitled: "EXHIBIT A 33 ENCROACHMENT REQUEST FOR DAVID J. & AMY S. GOODMAN 2404 BROAD 34 BAY ROAD VIRGINIA BEACH, VIRGINIA IN TREASURE CANAL AT LOT 83 BAY 35 ISLAND SECTION 1 SHEET 1 OF 1, DATE: FEBRUARY 3, 2010, SCALE: 1" = 40'," a 36 copy of which is on file in the Department of Public Works and to which reference is 37 made for a more particular description; and 38 39 BE IT FURTHER ORDAINED that the temporary encroachments are conditioned 4 0 upon David J Goodman and Amy S. Goodman procuring a variance to allow the 48 41 square foot shed shown on Exhibit A to remain in its current location or moving the shed 42 so that it is compliant with the City Zoning Code; and 43 44 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 4 5 subject to those terms, conditions and criteria contained in the Agreement between the 4 6 City of Virginia Beach and David J. Goodman and Amy S. Goodman (the "Agreement"), 47 which is attached hereto and incorporated by reference; and 48 4 9 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 5o hereby authorized to execute the Agreement; and 51 52 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 53 time as David J. Goodman and Amy S. Goodman and the City Manager or his 5 4 authorized designee execute the Agreement. 55 27th 5 6 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 57 of March , 2012. CA-11413 R-1 PREPARED: 3/16/12 APPROVED AS TO CONTENTS SUFFICIENCY AND FORM T~ Ci U LIC WORKS, REAL ES ATE APPROVED AS TO LEGAL p YER, ASS T CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 19th day of October, 2011, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DAVID J. GOODMAN and AMY S. GOODMAN, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "83", as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION ONE PRINCESS ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT Scale 1" = 100' FEBRUARY, 1958, prepared by FRANK D. TARRALL, JR. & ASSOCIATES SURVEYORS & ENGINEERS NORFOLK, VA -VIRGINIA BEACH, VA. -PRINCESS ANNE COURTHOUSE, VA.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 45, at page 37 and 37A, and being further designated, known, and described as 2404 Broad Bay Road, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain an existing boatlift, deck, stairway, bulkhead and to construct and maintain a wharf, bulkhead, stairway, deck, retaining wall with back fill, and a single pile personal water craft (PWC) lift, collectively, the "Temporary Encroachment", in the City of Virginia Beach; GPIN: (NO GPIN REQUIRED OR ASSIGNED TO CITY PROPERTY KNOWN AS TREASURE COVE/CANAL) 1499-98-3947-0000; (2404 Broad Bay Road) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of a variable width canal on City property known as Treasure Cove/Canal, 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), cash 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 DAVID J. & AMY S. GOODMAN 2404 BROAD BAY ROAD VIRGINIA BEACH, VIRGINIA IN TREASURE CANAL AT LOT 83 BAY ISLAND SECTION 1 SHEET 1 OF 1 DATE: FEBRUARY 3, 2010 SCALE: 1" = 40'," 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. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and 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 within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall make a FOUR HUNDRED FIFTY-SIX DOLLARS ($456.00) payment, payable to the City Treasurer, to the Department of Planning as compensation for the typically required 15- foot-wide riparian buffer area that cannot be established on the property of the Grantee; 3 said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City-owned property. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that this Encroachment Agreement is conditioned upon the Grantee either procuring a variance to allow the 48 SF shed shown on Exhibit A to remain in its current location or moving the 48 SF shed so that it complies with the City Zoning Code's requirement that accessory structures less than 100 Square Feet must be five (5) feet from the property line. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any 4 manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, David J. Goodman and Amy S. Goodman, 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 CITY OF VIRGINIA BEACH gy (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 2012, by ,CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 2012, 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 By STATE OF vzR~zNZA CITY/~fdfi'Y OF Vi12,Ca"~~~t" ~AC~1, to-wit: David ~! Goodman, Owner By Amy S. oodman, Owner The foregoing instrument was acknowledged before me this ~ c1~ day of (~ C-(OI~3 L +~L , 2011, by David J. Goodman. Notary Registration Number: '~~ . (SEAL) Notary Public ac~a~3o My Commission Expires: /o? ' 30 "o2O ~ ~ STATE OF vzR~zNz CITY/69~~ OF int. ~ ~Ji ~ - fit, to-wit: ~.+r+ KRIZTAL M. JOMMiON ~~ Cc~nanonw~aN1+ of wtglnfo Z6t~a0 M1- ConNnlsdon ExpltN Die 30. 2011 The foregoing instrument was acknowledged before me this ~~ T day of ~CTO~~rt , 2011, by Amy S. Goodman. ,~ ~ ~ (SEAL) Notary Public Notary Registration Number: a ~o~~ ~d My Commission Expires: { off- ` 3 ~ " ~Z t 1(RI~TJIL M. ,iONfiiON Cp111Af011MNO1~1 z~ N11t Cpnntnls~lofs Explt~ DEC a0. 201 i 7 APPROVED AS TO CONTENTS __ _~ r ~ `^> . ` ~ SIGNATURE '~ DEPARTMENT APPROVED AS TO LEGAL SUF•-F-IC-IE~NCY AND FORM \ ~ A DA A MI'~YER, ASSI ITY ATTORNEY TREASURE CANAL CI'Y OF VA BEACH TRFAS'!RE COVE ~~ ,\ ,~ . \ EY ISTING BULKHEAD UNLESS OTHERWISE SPECIFIED THE MEAN LOW & MEAN HIGH TIDE RANGE IS AT THE EXISTING BULKHEAD. EXISTING BOATLIFT PROPOSED WHARF LOCATED IN PLACE OF EXISTING `8~ ExISTING sHEO (48 sE)~~ I PROPOSED BULKHEAD LOCATED IN PLACE OF EXISTING EXISTING STAIRWAY ~I EXISTING DECK (223 SF)~ PROPERTY LINE (L6) r~ 5' DRAINAGE EASEMENT/ `' i I r a SECTION 1 LOT 82 JOHN RICHARDSON GPIN X1499992015 MB 45 PG 37 DB 205x1 PB 148 SECTION 1 LOT 85 CAREEN FAMILY TRUST GPIN {1499994212 1,4B45 PG DB 3934 PC 1050 0' 20' 40 ~~~ ~ ~ SCALE: 1" = 40' MEAN LOW WATER EXISTING BULKHEAD CANAL CENTER LINE i rPROPOSED PWC LIFT .~ . \ .\ ROPERTV LINE (L5) ~-PROPOSED RETAINING WALL WITH BACK FILL REMOVE EXISTING WHARF BULKHEAD & STAIRWAY PROPERTY LINE ~` ~ L1 N 16'00'00" E L2 R = 70.00 L3 S 59'12'48" W l_4 N 30'47'12" W LS S 42' 17'38" W ~~~ ~l APPLICATION FOR ENCROACHMENT BY: DAVID GOODMAN 2404 BROAD BAY ROAD VIRGINIA BEACH, VA 23451 L6 N 53'4357° W L2 V ~-` ~~, ~~~`-., SECTION 1 LOT 84 MARK ANDERSON `''~., GPIN #1499994065 ~ ',, MB45 PG 37 ~; DB 4717 PG 170 `;~Q ' PROPERTY '. ~ LINE `~,~ 5~ DRAINAGE ~'-.._ EASEMENT \ ...\,. ` , ~O PtJ ,, ' ~ ~~~~ 2os.71' ~.~ ~~p,LTH OF L 102.40' 125.00' ~ ~ '~~~ 41.29' ~y0 lzos' ~"~ ~~ !/O 0 d /~ 7273' /~.°°'~~ ,Pu ~ DAVID KLEDZIK y ~~~ Lic. No. 034674 ~„ 02/25/2012 ,~~ EXHIBIT A "°IONAL ENCROACHMENT REQUEST FOR SHEET 1 OF 1 DAVID J. & AMY S. GOODMAN 2404 BROAD BAY ROAD VIRGINIA BEACH, VIRGINIA DATE: FEBRUARY 3, 2010 IN TREASURE CANAL AT LOT 83 BAY ISLAND SECTION 1 SECTION 1 LOT 83 DAVID GOODMAN GPIN X1499983947 MB 45 PG 37 DOC~200505230077329 -72- Item -V-K.S ORDINANCES/RESOLUTIONS ITEM #61726 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT: Ordinance to ESTABLISH a Capital Project, "Ferry Plantation House - Phase II", and ACCEPT and APPROPRIATE $106,577 in State and local funds therefore Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 27, 2012 1 AN ORDINANCE TO ESTABLISH CAPITAL PROJECT #3- 2 301, "FERRY PLANTATION HOUSE -PHASE II," TO 3 ACCEPT AND APPROPRIATE FEDERAL REVENUES, 4 AND TO TRANSFER FUNDS TO THIS PROJECT 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 1. That capital project, #3-301, "Ferry Plantation House -Phase I I" is hereby 8 established in the FY 2011-12 Capital Budget; 9 10 2. That $85,000 of federal pass-through revenue is hereby accepted from the 11 Virginia Department of Transportation and appropriated, with estimated federal 12 revenues increased accordingly, to CIP #3-301; 13 14 4. That $20,939 is hereby transferred from General Fund Reserve for 15 Contingencies to CIP #3-301 for the local match; and 16 17 5. That $638 is hereby transferred from CIP #3-300, "Ferry Plantation 18 House" to CIP #3-301. Adopted by the Council of the City of Virginia Beach, Virginia on the 2 ~ t h day of March 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~ '~ I ~- , Management Services ' y r ey s Office CA12223 R-1 March 13, 2012 -73- Item -V-K.6 ORDINANCES/RESOL DTIONS ITEM #61727 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT: Ordinance to APPROPRIATE $110,000 to the Finance Department for the DMV STOP Program Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 27, 2012 1 AN ORDINANCE TO APPROPRIATE LOCAL REVENUES TO 2 FY 2011-12 OPERATING BUDGET OF THE DEPARTMENT 3 OF FINANCE FOR STOP PROGRAM COSTS 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: g That $110,000 is hereby appropriated, with local revenues increased accordingly, to 7 the FY 2011-12 Operating Budget of the Department of Finance for program costs 8 associated with the Department of Motor Vehicles STOP Program. of 27th Adopted by the Council of the City of Virginia Beach, Virginia on the day March 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: ~ s, ~~ ' ~ ~~ ~ Management Services APPROVED AS TO LEGAL SUFFICIENCY: C Office CA12222 R-1 March 13, 2012 -74- Item -V-K 7a/b ORDINANCES/RESOLUTIONS ITEM #61728 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT: Resolution and Ordinance re Cape Henry Lighthouse Restoration Project totaling $355, 000: a. AUTHORIZE the City Manager to EXECUTE agreements with the Virginia Department of Transportation (VDOT) and the Association for the Preservation of Virginia Antiquities re administration b. ESTABLISH Capital Project "Cape Henry Lighthouse Restoration -Phase II ", ACCEPT, APPROPRIATE and TRANSFER federal and miscellaneous Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 27, 2012 1 A RESOLUTION AUTHORIZING THE CITY 2 MANAGER TO EXECUTE TWO 3 AGREEMENTS FOR THE ADMINISTRATION 4 OF THE CAPE HENRY LIGHTHOUSE 5 RESTORATION PROJECT 6 7 WHEREAS, the Virginia Department of Transportation ("VDOT") awarded 8 funding for a grant under the Federal Intermodal Surface Transportation Efficiency Act 9 ("ISTEA") to the City for a two hundred thousand dollar ($200,000) project for the 10 restoration of the Cape Henry Lighthouse ("Lighthouse") in July 1994; and 11 12 WHEREAS, the Lighthouse is owned by the Association for the Preservation of 13 Virginia Antiquities ("Preservation Virginia"); and 14 15 WHEREAS, the Lighthouse Restoration Project ("Project") was designed to 16 provide restoration and preservation to the exterior structure of the lighthouse, and to 17 improve the access and safety of visitors climbing to the top of the structure; and 18 19 WHEREAS, on June 23, 1998, the City and VDOT entered into a project 20 administration agreement for expenditures to be reimbursed by VDOT under the ISTEA 21 grant for the restoration of the Lighthouse ("VDOT Agreement"); and 22 23 WHEREAS, on May 1, 1998, the City and Preservation Virginia entered into a 24 written agreement for the restoration of the Lighthouse ("Agreement"); and 25 2g WHEREAS, Phase I of the Project was completed in 2002 and provided 27 improved access to the top of the Lighthouse; and 28 29 WHEREAS, Phase II of the Project was intended to restore the base of the 30 Lighthouse, and work was not completed under the Agreement; and 31 32 WHEREAS, there is a balance of one hundred fifty-nine thousand two hundred 33 thirty-eight dollars ($159,238) remaining in the project budget under the original ISTEA 34 grant; and 35 36 WHEREAS, in 2011, VDOT awarded funding to the City for a grant under ISTEA 37 for approximately one hundred ninety-five thousand dollars ($195,000) for the Project; 38 and 39 40 WHEREAS, the grant requires a twenty percent (20%) match of estimated 41 project costs, or eighty-eight thousand seven hundred fifty dollars ($88,750), from the 42 local sponsor; and 43 44 WHEREAS, Preservation Virginia, as the owner of the Lighthouse, has agreed to 45 provide the twenty percent (20%) match; and 46 47 WHEREAS, the City is preparing to enter into an agreement with VDOT for 48 expenditures to be reimbursed by VDOT under the ISTEA grant for this Project totaling 49 three hundred fifty-five thousand dollars ($355,000); and 50 51 WHEREAS, the City and Preservation Virginia wish to enter into an agreement to 52 memorialize their respective obligations pursuant to the 2011 grant; and 53 54 WHEREAS, this Project will provide necessary restoration and preservation of 55 the base of the Lighthouse. 56 57 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 58 VIRGINIA BEACH, VIRGINIA: 59 60 That the City Manager hereby is authorized to execute (1) an Agreement 61 between the City of Virginia Beach and Virginia Department of Transportation for the 62 administration of the Cape Henry Lighthouse Restoration Project; and (2) an Agreement 63 between the City of Virginia Beach and the Association for the Preservation of Virginia 64 Antiquities for the administration of the Cape Henry Lighthouse Restoration Project. Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 ~ t h day of March , 2012. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: ~~ ~~ Department of Museums ~~?time City Attorney's Office CA12218 R-2 March 14, 2012 Summary of Terms Agreement Between the City of Virginia Beach and the Association for the Preservation of Virginia Antiquities for Renovations to Cape Henry Lighthouse Term: Agreement is effective upon execution, and expires in January 2017. Responsibilities of Preservation Virginia: • Provide funding for the Cape Henry Lighthouse Restoration Project ("Project") in the amount of $88,750. • No additional funding required, in excess of $88,750, unless a written addendum to this Agreement is executed by the parties. • Project scope shall be based on the analysis and recommendations contained in "Cape Hemy Lighthouse ISTEA Funded lmprovements," as prepared by Preservation Virginia in 2010. • Review and approve preliminary engineering plans prior to submittal by the City for VDOT review and approval. • Pay the City's annual invoices within thirty days of receipt of said invoice. Reimburse the City 100% of all expenditures incurred by the City if cancellation of the Project is initiated by Preservation Virginia during any phase of the work. • if Preservation Virginia elects to cancel the Project, Preservation Virginia shall reimburse VDOT for the total amount of the Project expended by VDOT, and shall repay any funds previously reimbursed that are later deemed ineligible by the Federal Highway Administration. • Responsible for all maintenance, upkeep, and operating costs of the Lighthouse. • Indemnify and hold harmless the City for loss and liability. • Provide insurance, including policy for $1,000,000 combined single limits. Responsibilities of the City: • Coordinate the review and approval of any and all phases of the Project with VDOT, as may be required by the agreement beriveen the City and VDOT. • Perform, contract for or otherwise provide for the preliminary engineering and construction phases of the Project. Costs for these preliminary engineering and construction phases of the Project shall be reimbursed to the City by VDOT under the City's agreement with VDOT. • Department of Museums shall serve as the project point of contact with Preservation Virginia and shall administer the Project agreement with VDOT. Provide a copy of the Project records to Preservation Virginia at the conclusion of the Project. • Bill Preservation Virginia in the amount of $16,200 on the Effective Date of the Agreement, and thereafter annually on the effective date of the Agreement in 2013, 2014, 2015, and 2016 in the amount of $16,200. 1 AN ORDINANCE TO ESTABLISH CAPITAL PROJECT #3- 2 276, "CAPE HENRY LIGHTHOUSE RESTORATION - 3 PHASE II," TO ACCEPT AND APPROPRIATE FEDERAL 4 AND MISCELLANEOUS REVENUES, AND TO TRANSFER 5 FUNDS 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: g 1. That capital project, #9-276 Cape Henry Lighthouse Restoration -Phase 10 II is hereby established in the FY 2011-12 Capital Budget; 11 12 2. That $195,000 federal pass-through revenue is hereby accepted from the 13 Virginia Department of Transportation and appropriated, with estimated federal 14 revenues increased accordingly, to CIP #9-276; 15 16 3. That $48,750 is hereby accepted from the Association for the Preservation 17 of Virginia Antiquities, doing business as Virginia Preservation and appropriated, 1 g with miscellaneous revenue increased accordingly, to CIP #9-276; 19 20 4. That $360 is hereby transferred from General Fund Reserve for 21 Contingencies to CIP #9-276; and 22 23 5. That $158,366 is hereby transferred from CIP #9-275, "Cape Henry 24 Lighthouse Restoration" to CIP #9-276. Adopted by the Council of the City of Virginia Beach, Virginia on the 27th day of March 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: LEGALOSU~F CIENCY: ~~ Management Services y's Office CA12224 R-2 March 16, 2012 -75- Item -V-K.8 ORDINANCES/RESOLUTIONS ITEM #61729 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT: Ordinance to APPROPRIATE $300,000 for an interest free loan to the Virginia Beach Volunteer Rescue Squad for purchase of ambulances, equipment and supplies to be repaid over five (5) years Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None March 27, 2012 1 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE 2 AN INTEREST-FREE LOAN TO THE VIRGINIA BEACH 3 VOLUNTEER RESCUE SQUAD, INC., FOR THE 4 PURCHASE OF TWO AMBULANCES 5 g WHEREAS, the Virginia Beach Volunteer Rescue Squad wishes to purchase two 7 additional ambulances; and 8 g WHEREAS, the Virginia Beach Volunteer Rescue Squad has been awarded a 10 State Rescue Squad Assistance Fund grant of $90,000 from the Virginia Department of 11 Health Office of Emergency Medical Services for the purchase of one ambulance; and 12 13 WHEREAS, the Virginia Beach Volunteer Rescue Squad will utilize 14 approximately $90,000 of its funds toward the equipment and supplies required to equip 15 the ambulances. 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 1. That $300,000 is hereby appropriated from the fund balance of the 21 General Fund for an interest-free loan to the Virginia Beach Volunteer Rescue Squad 22 for the purchase of two ambulances and related equipment and supplies, contingent 23 upon execution of the attached agreement. 24 25 2. That this loan is to be repaid by Virginia Beach Volunteer Rescue Squad 26 over five (5) years, pursuant to the terms of the attached promissory note. Adopted by the Council of the City of Virginia Beach, Virginia on the 27th day of March , 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1~_ \ 1 1` ~ ~ ~~~~~ /f "~~ ~. 1 ~ ~~ W ~~ , ~; Management Services° City e ' ~ e CA12221 R-1 March 13, 2012 PROMISSORY NOTE $300,000 Virginia Beach, Virginia March .2012 FOR VALUE RECEIVED, Virginia Beach Volunteer Rescue Squad, Inc., ("Maker"), promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of THREE HUNDRED THOUSAND DOLLARS ($300,000) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent (0%) per annum. Payment on principal shall be as follows: On or before April 1, 2013 - $60,000 On or before April 1, 2014 - $60,000 On or before April 1, 2015 - $60,000 On or before April 1, 2016 - $60,000 On or before April 1, 2017 - $60,000 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part, before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). VIRGINIA BEACH VOLUNTEER RESCUE SQUAD, INC. (SEAL) Title: Date: Agreement between the City of Virginia Beach and the Virginia Beach Volunteer Rescue Squad, Inc. THIS AGREEMENT is made and entered into this day of , 2012, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Virginia Beach Volunteer Rescue Squad, Inc., a Virginia nonstick corporation ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of a vehicle, the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle. B. Provide standardized equipment required for operations within the City including, but not limited to mobile communications devices, pagers, and map books. C. Provide or pay for insurance covering emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle through the CITY's Division of Automotive Services, so long as the vehicle remains aCITY-insured vehicle. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request shall be made to the EMS Chief no less than 30 days prior to the payment due date, and the EMS Chief may provide an extension not to exceed six months upon a written determination that the extension is the result of extenuating circumstances. No more than one extension shall be granted without authorization from the City Council. B. If the vehicle is sold, after satisfying all conditions of the loan, including repayment, the CITY-owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle, unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY-owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicle and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle, the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the vehicle's fair market value. B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. 2 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. ATTEST: City Clerk APPROVED AS TO CONTENT: CITY OF VIRGINIA BEACH, VIRGINIA James K. Spore, City Manager VIRGINIA BEACH VOLUNTEER RESCUE SQUAD, INC. By: Title: APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach Management Services City Attorney's Office Virginia Beach Risk Management Virginia Beach EMS Chief 3 ~r1-A @F ;~~~i T 9~scUE S4JP ~~LUNTE~P February 16, 2012 Chief Edwards, The Virginia Beach Volunteer Rescue Squad, Inc. is in the process of purchasing two new ambulances to add to our existing fleet of eight units. We are respectively asking for an interest-free loan from the City to facilitate this acquisition. We are asking for afive-year repayment term. The amount requested is $300,000. The total cost prior to equipping these new units is $330.000 and totals $480,000 equipped. The Squad received a 50/50 grant from the OEMS RSAF grant program. However, due to the model year that the Squad has opted to purchase OEMS reduced our grant portion to $90,000. The Squad will use $90,000 of our own money to make up the difference between the City loan and OEMS grant funds. VBVRS continues to lead the volunteer EMS system with nearly 240 members. As a result of our large number of members, we are regularly staffing stations throughout the City. It is commonplace to have 30 to 40% of the daily staffing comprised of VBVRS volunteers. Our members are often staffing Rescue 2, 7,16, and others as directed by the EMS Scheduling Chief. Last year, VBVRS was dispatched to nearly 13,000 calls, one-third of all the calls citywide.ln addition to providing citywide coverage, we are constantly requested to staff dozens of standby events each year due to our proximity to the oceanfront area. Our ambulance committee has worked very hard to specify abest-value purchase for the Squad. In addition to visiting the manufacturers' production facility, we have reached out to Reginald Padgett, Division Head of Automotive Services for his advice and recommendations on chassis and body selection. We are purchasing a different make and model than we have previously used based in part, on his recommendations. We are ready to issue a purchase order to our dealer and plan to take advantage of prepayment discounts offered us, therefore, we are requesting an immediate distribution of loan proceeds once approved by you and then City Council. We appreciate your consideration and assistance with this loan. Sincerely, Tom Harp, On behalf of Virginia Beach Volunteer Rescue Squad, Inc. -76- Item -V-K.9 ORDINANCES/RESOLUTIONS ITEM #61730 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT: Ordinance to APPROPRIATE $104, 000 from the Inmate Service Special Revenue Fund and $85, 000 from the Sheriff's Special Revenue Fund to their Budget re part-time positions Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 27, 2012 1 AN ORDINANCE TO APPROPRIATE $104,000 FROM 2 THE FUND BALANCE OF THE INMATE SERVICES 3 SPECIAL REVENUE FUND AND $85,000 FROM THE 4 FUND BALANCE OF THE SHERIFF'S SPECIAL 5 REVENUE FUND TO THE FY 2011-12 OPERATING g BUDGET OF THE SHERIFF'S OFFFICE AND TO 7 APPROVE 4.6 PART-TIME FTES FOR THE g SHERIFF'S OFFICE 9 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA, THAT: 12 13 1. $104,000 is hereby appropriated from the fund balance of the Inmate Service 14 Special Revenue Fund, with revenue from fund balance increased 15 accordingly, to the FY 2011-12 Operating Budget of the Sheriff's Office to 16 support services provided by the Sheriff's Special Investigative Unit; 17 1 g 2. $85,000 is hereby appropriated from the fund balance of the Sheriff's Special 1 g Revenue Fund, with revenue from fund balance increased accordingly, to the 20 FY 2011-12 Operating Budget of the Sheriff s Office to support Correctional 21 Operations; and 22 23 3. The FY 2011-12 overall FTE count for the Sheriff's Office is hereby increased 24 by 4.6 part-time positions. Adopted by the Council of the City of Virginia Beach, Virginia on the 27th day of March , 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~- ~ ~ ~. ~ ~, f 1 V ` \It Management Services y s Office CA12225 R-1 March 14, 2012 -77- Item -V-K.10 ORDINANCES/RESOLUTIONS ITEM #61731 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE the City Manager to enter into an agreement with Cherry, Bekaert & Holland LLP for an Independent Audit of the City's and Development Authority's financial statements re the CPI Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent. None March 27, 2012 REQUESTED BY COUNCILMEMBER WOOD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR AN INDEPENDENT AUDIT OF THE CITY OF VIRGINIA BEACH'S FINANCES WHEREAS, the City Charter requires an independent audit of the City's finances at the end of each fiscal year; WHEREAS, a financial audit selection committee has prepared and distributed a Request for Proposals ("RFP") for an independent audit of the City's financial statements, including the School Division, for the 2012 through 2014 fiscal years, respectively; WHEREAS, after evaluating the proposals, the selection committee has recommended Cherry, Bekaert & Holland, LLP to perform the independent audit; WHEREAS, pursuant to the RFP, the School Division intends to enter into a separate contract for this audit; and WHEREAS, sufficient appropriations have been provided for the City's audit in the fiscal year 2012 Operating Budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. The City Manager is hereby authorized to enter into a contract with Cherry, Bekaert & Holland LLP, in a form acceptable to the City Attorney, for the performance of an independent annual audit of the financial statements of the City of Virginia Beach and the City of Virginia Beach Development Authority for FY 2012, 2013 and 2014, at a cost of $180,161 for FY 2012; 2. For FY 2013 and 2014, the annual cost of services for the City and Development Authority remain unchanged. In the subsequent two years, the annual cost of services for the City will increase in an amount equal to the increase in the Consumer Price Index ("CPI") but not to exceed two (2) percent; and 3. The City Manager is hereby subject to the availability of appropriations, contractor performance meets contract reasonable at the time of renewal. authorized to execute contract renewals, for the two annual renewals provided the expectations and the renewal price is Adopted by the Council of the City of Virginia Beach on the 27tbay of March, 2012. APPROVED AS TO LEGAL SUFFICIENCY: .~.._--- ity, or ey's Office CA12217 / R-1 /March 9, 2012 -78- Item -V-L PLANNING 1. REED ENTERPRISES, INC. 2. CHARLES H. and SHARON FORBES 3. LBH, LLC/VIRGINIA BEACH ASSOCIATES, LC 4. ARAGONA CHURCH OF CHRIST ITEM #61732 MODIFICATION OF PROFFERS OF CONDITIONAL CHANGE OF ZONING AND CONDITIONAL USE PERMIT (Approved February 9, 2010) EXPANSION OF NON- CONFORMING USE CHANGE OF ZONING CHANGE OF ZONING MODIFICATION OF CONDITIONAL USE PERMIT March 27, 2012 -79- Item -V-L PLANNING ITEM #61733 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED IN ONE MOTION, BY CONSENT, Items 1, 2 and 3 of the PLANNING BY CONSENT AGENDA Voting.• 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. Dyer, Barbara M. Henley, Mayor William D. James L. Wood Council Members Voting Nay: None Council Members Absent: None Sessoms, "Bill " DeSteph, Harry E. Diezel, Robert M. Vice Mayor Louis R. Jones, John D. Moss, Jr., John E. Uhrin, Rosemary Wilson and March 27, 2012 -80- Item -V-L.1 PLANNING ITEM #61734 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, AS CONDITIONED, Application of REED ENTERPRISES, INC. for Modification of Proffers of a Conditional Change of Zoning and Conditional Use Permit re a convenience st re, auto services and car wash (approved February 9, 201 D) at Princess Anne Road and South Plaza Trail (DISTRICT 3 -ROSE HALL) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINAI BEACH, VIRGINIA Ordinance upon Application of REED ENTERPRISES, INC. for Modification of Proffers of (a) Conditional Change of Zoning and (b)Conditional Use Permit re convenience store, auto services and car wash (approved February 9, 2010) at Princess Anne Road and South Plaza Trail (GPINs 1476601748; 1476602957) DISTRICT 3 - ROSE HALL The following conditions shall be required. (a) An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court AND (b) 1. The design of the vehicular access to the parcel proposed for the motor vehicle parts and service shall be modified to adhere to the City's Public Works Specifications and Standards. 2. To ensure compatibility in scale and design with the residential uses in the vicinity, any freestanding sign associated with Parcel BI shall be monument style and limited to eight (8) feet in height. 3. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. No pole-mounted lighting shall be utilized on the southern/back half of the property. Only building-mounted or fence-mounted pack lights may be used. 4. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed Site Plan review. Said Plan shall include the location of all pole- mounted and building-mounted lighting fixtures and the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The Plan shall include provisions for implementing low-level security lighting for non-business hours. 5. No outdoor vending machines and / or display of merchandise shall be allowed. March 27, 2012 -81- 6. The hours of operation for the business shall be limited to from 8: 00 A.M. to 6:00 P.M. Monday through Friday; 8: 00 A.M. to 5:00 P.M. on Saturday and closed on Sunday. 7. The dumpster on the site shall not be tipped (emptied) between the hours of 9:00 P.M. and 7.•30 A.M. 8. No vehicles shall be stored or parked after operating hours outside the building on the southern (back half of the property. 9. No parts or materials shall be stacked or stored outside the building at any time. 10. Vehicular ingress to and egress from the service area of the building shall be via the bay door on the west side of the building which shall be closed whenever a pneumatic drill or similar tool is in use. The bay door to the service area on the east side of the building shall remain closed and only used to accommodate large vehicles and trailers and as a means of emergency ingress/egress. 11. All stormwater generated on t separator to be installed and stormwater management facility. he site shall be filtered through an oil/water maintained onsite prior to discharge into the 12. An eight (8) foot high, white vinyl, privacy fence shall be installed approximately six (6) inches inside and along the rear (south) and east side property lines of Parcel BI (Tire Center Parcel). The fence shall terminate at the back corner of the Parts/Retail portion of the building on Parcel Bl. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia on the Twenty-Seventh day of March, Two Thousand Twelve. Voting: I1-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 27, 2012 -82- Item -V-L.2 PLANNING ITEM #61735 Upo~z motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED/CONDITIONED, BY CONSENT, Application of CHARLES H. and SHARON FORBES for Expansion of a Nonconforming Use for enclosure of a patio at a condominium at 221-A 54th Street (DISTRICT 5 -LYNNHAVEN) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of CHARLES H. and SHARON FORBES for expansion of a Nonconforming Use for enclosure of a patio at a condominium at 221-A 54th Street (GPINs 24187968482211; 24187968482212) DISTRICT S -LYNNHAVEN The following conditions shall be required: The proposed enlargement of Unit A shall not exceed 12' x 16' and shall be located in the area designated as "Covered Concrete Patio" as shown on the submitted "Physical Survey /Zoning Analysis, Units A & B, 221 A & B 54th Street A Condominium, ", prepared by Gallup Surveyors & Engineers, and dated December 29, 2011. Said Plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed enclosed patio shall be similar to the submitted drawings in regard to window placement and the exterior building materials, details, window style and colors shall match those of the main dwelling. Said submitted drawings have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia on the Twenty-Seventh day of March, Two Thousand Twelve Voting.• I1-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. Dyer, Barbara M. Henley, Mayor William D. Sessoms, James L. Wood Council Members Voting Nay: None Council Members Absent: None "Bill " DeSteph, Harry E. Diezel, Robert M. Vice Mayor Louis R. Jones, John D. Moss, Jr., John E. Uhrin, Rosemary Wilson and March 27, 2012 1 A RESOLUTION AUTHORIZING THE 2 ENLARGEMENT OF A NONCONFORMING 3 USE ON PROPERTY LOCATED AT 221 54T" 4 STREET, UNIT A 5 g WHEREAS, Charles H. Forbes, IV and Sharon Forbes, the owners of Unit A, 7 (hereinafter the "Applicants") have made application to the City Council for authorization 8 to enlarge a nonconforming use located at 221 54t" Street, Unit A, in the R-5R 9 Residential Zoning District, by enclosing a patio; and 10 11 WHEREAS, this lot contains two single-family dwellings on the same lot, which is 12 not currently allowed in the R-5R Zoning District, and is nonconforming as both 13 dwellings were built prior to the adoption of the applicable zoning regulations; and 14 15 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 16 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 17 City Council authorizing such action upon a finding that the proposed use, as enlarged, 18 will be equally appropriate or more appropriate to the zoning district than is the existing 19 use; 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That the City Council hereby finds that the proposed use, as enlarged, will be 25 equally appropriate to the district as is the existing nonconforming use under the 26 conditions of approval set forth hereinbelow. 27 28 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 29 BEACH, VIRGINIA: 30 31 That the enlargement of the nonconforming use is hereby authorized, upon the 32 following conditions: 33 34 1. The proposed enlargement of Unit A shall not exceed 12' x 16' and shall be 35 located in the area designated as "Covered Concrete Patio" as shown on the 36 submitted "Physical Survey /Zoning Analysis, Units A & B, 221 A & B 54th Street 37 A Condominium,", prepared by Gallup Surveyors & Engineers, and dated 38 December 29, 2011. Said plan has been exhibited to the Virginia Beach City 3g Council and is on file in the Planning Department. 40 41 2. The proposed enclosed patio shall be similar to the submitted drawings in regard 42 to window placement and the exterior building materials, details, window style, 43 and colors shall match those of the main dwelling. Said submitted drawings have 44 been exhibited to the Virginia Beach City Council and are on file in the Planning 45 Department. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 ~ th day 48 of March , 2012. APPROVED AS TO CONTENT: Planning Dep ent APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA12189 R-2 March 16, 2012 -83- Item -V-L.3 PLANNING ITEM #61736 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED AS PROFFERED, BY CONSENT, Application of LBH, LLC/VIRGINIA BEACH ASSOCIATES, LC for a Change of Zoning District Classification from I-1 Industrial District to Conditional A-36 Apartment at 400 and 402 Military Highway (DISTRICT 2 - KEMPSVILLE) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. Ordinance upon Application of LBH, LLC/VIRGINIA BEACH ASSOCIATES, LC for a Change of Zoning District Classification from I-1 Industrial District to Conditional A- 36 Apartment at 400 and 402 Military Highway (GPINs 1456396914; 1456392555) DISTRICT 2 - KEMPSVILLE An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia on the Twenty-Seventh day of March, Two Thousand Twelve Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None March 27, 2012 -84- Item -V-L.4 PLANNING ITEM #61737 Applications of ARAGONA CHURCH OF CHRIST at 527 North Witchduck Road: (DISTRICT 4- BAYSIDE) a. Change of Zoning District Classification from R-7.5 Residential District to Conditional PD-H2 Planned Unit Development Overlay with underlying A-12 Apartment b. Modification of a Conditional Use Permit to reconfigure church property The following registered to speak: Bob Miller, 5033 Rouse Drive, Phone: 490-926, spoke in FAVOR. Mr. Miller is a Professional Engineer, a resident and business owner in Virginia Beach. In response to questions from Members of City Council, Mr. Miller advised the area in front of the each garage shall be 18 x 18, making it two (2) parking spaces, not including the garage. The project is 1.68 acres. Originally this Project was less acreage and at the request of Staff, the Church agreed to additional acreage. It is important to note that although the acreage increased, the number of units did not. The additional acreage was added to the "Open Space " thereby increasing the amount of Open Space from 19% to 24%. The development has sidewalks throughout to access the open space areas. Landscaping was added at the request of The Planning Commisson and they modified the building architecture at the request of Staff. A privacy fence was added along the Summerset Condominium side as well as along the Church side with landscaping on the outside of that fence. The street design does not meet the City's standards for subdivisions but does meet the standards for private roads. Parking on the street is not allowed. Ella Dunbar, 5189 Maracas Arch, Phone: 463-9861, spoke in OPPOSITION. Ms. Dunbar provided a copy of a Petition signed by residents opposed to this development which is hereby made a part of the record. The development does not add any improvements to the community. There is no diversity to the neighborhoods. The amount it will take to maintain the property will far exceed the fees. March 27, 2012 -85- Item -V-L.4 PLANNING ITEM #61737(Continued) Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council APPROVED AS PROFFERED/CONDITIONED, Applications of ARAGONA CHURCH OF CHRIST at 527 North Witchduck Road: (DISTRICT 4- BAYSIDE) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. Ordinance upon Applications of ARAGONA CHURCH OF CHRIST at 527 North Witchduck Road (GPIN 1467981860) DISTRICT 4- BAYSIDE a. Change of Zoning District Classification from R-7.5 Residential District to Conditional PD-H2 Planned Unit Development Overlay with underlying A-12 Apartment b. Modification of a Conditional Use Permit to reconfigure church property The following conditions shall be required: a. An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court AND b. A plat must be submitted to the Planning Department /Development Service Center and approved for recordation no later than ninety (90) days after City Council approval of this Use Permit. Said plat shall establish, at minimum, a ten (10) foot landscape easement with Category IV plantings in substantial conformance to the site plan entitled, "Witchduck Court Condos " by MSA and dated May 1, 2011. Said Plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 2. A Landscape Plan depicting proposed Category IV plantings shall be submitted to the Planning Department /Development Service Center no later than 180 days after City Council approval of this Use Permit. Category IV planting shall be located in substantial conformance to the Category IV planting as shown on the submitted Site Plan entitled, "Witchduck Court Condos " by MSA and dated May 1, 2011. Said Plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 3. Category IV plantings as shown on the submitted Site Plan entitled, "Witchduck Court Condos" by MSA and dated May 1, 2011 shall be installed no latter 360 days after City Council approval of this Use Permit. Said Plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department March 27, 2012 Item -V-L.4 PLANNING Voting: 8-3 Council Members Voting Aye. Glenn R. Davis, William R. Mayor Louis R. Jones, Mayor Rosemary Wilson and James L. Council Members Voting Nay: -86- ITEM #61737(Continued) "Bill" DeSteph, Robert M. Dyer, Vice William D. Sessoms, Jr., John E. Uhrin, Wood Harry E. Diezel, Barbara M. Henley and John D. Moss, Council Members Absent: None March 27, 2012 -87- Item -V-M APPOINTMENTS ITEM #61738 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS COMMUNITYSERVICESBQARD HEALTH SERVICES ADVISORY BOARD PARKS and RECREATION COMMISSION PERSONNEL BOARD THE PLANNING COUNCIL VIRGINIA MUSEUM OF CONTEMPORARYART - TRUSTEESCOMMUNITYSERVICES BOARD March 27, 2012 -88- Item -V-M APPOINTMENTS ITEM #61739 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Robert Thornton (Planning Representative for Lynnhaven) Unexpired term thru 06/30/201 S BAYFRONT ADVISORY COMMISSION Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 27, 2012 -89- Item -V-M APPOINTMENTS ITEM #61740 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Fay B. Silverman 3 Year Term 04/01/2012 - 03/31/2015 HUMAN RIGHTS COMMISSION Voting.• 11-0 (By Consent) Council Members YotingAye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 27, 2012 -90- Item -V-M APPOINTMENTS ITEM #61741 Upo~z NOMINATION by Vice Mayor Jones, City Council APPOINTED: George E. McGovern Robert J. Scott, Alternate 3 Year Term 03/01/2012 - 02/28/201 S PERSONNEL BOARD Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 27, 2012 -91- Item -V-M APPOINTMENTS ITEM #61742 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Prescott N. Sherrod 1 Year Term 04/01/2012 - 03/31/2013 THE PLANNING COUNCIL Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None March 27, 2012 -92- Item -V-N UNFINISHED BUSINESS ITEM #61743 Councilman Moss requested that adequate time is allowed to not just have "death by power point" but really time to discuss fiscal policy issues that fundamentally drive the Budget. Councilman Moss does not want to have a "line by line "item review. Mayor Sessoms advised the City Manager has discussed this thought and there will be a brief presentation by Department Directors with opportunities to discuss the Budget with the Department Director and/or Staff. ITEM #61744 Councilman Diezel requested that after the Budget Process is complete, City Council revisit the concerns discussed regarding the private development of roads. Although permissible under State Law, the City has sanctioned it. Councilman Diezel would just like to make sure the City is protecting the homeowners. March 27, 2012 -93- Item -V-P ADJOURNMENT ITEM #61745 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 7:41 P.M. vyvl ~~ 1~a ~~=~-- Amanda Finley-Barnes CMC Deputy City Clerk ~~/ uth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor March 27, 2012 -93- Item -V-P ADJOURNMENT ITEM #61745 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 7:41 P.M. Amanda Finley-Barnes, CMC Deputy City Clerk th Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor March 27, 2012