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HomeMy WebLinkAboutAUGUST 5, 2003 MINUTESCITY COUNCIL MA YOR MEYERA E OBERNDORF, At-Large VICE MAYOR LOUIS R JONES. Baystde -Dtstmct 4 HARRY E DIEZ, EL, Kempswlle -Dtstrtct 2 MARGARET L EURE, Centervdle - Dtstrwt 1 REBA S McCLANAN, Rose Hall -Dtstmct 3 RICHARD A MADDOX, Beach -Dtstrtct 6 JIM RFEVE, Princess Anne - Dt~tnct 7 PETER W SCHMIDT, At-Large RON A VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L WOOD, Lynnhaven -D~strtct 5 JAMES K SPORE, Ctty Manager LESLIE L LILLEY, Ctty Attorney RUTH HODGES SMITH, MMC, Cay Clerk CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA ( lit HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE (757) 427-4303 FAX (757) 426-5669 E MAIL Ctycncl~vbgov corn 5 August 2003 I. CITY MANAGER'S BRIEFINGS - Conference Room- 1:00 PM to SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) AGREEMENT E Dean Block, Director - Department of Pubhc Works Wade Kyle, Administrator - Public Works Bo "OLD BEACH" MASTER PLAN Robert J. Scott, Director - Department of Planning II REVIEW OF AGENDA ITEMS III. COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. INFORMAL SESSION -Conference Room- 4:30 PM A. CALL TO ORDER- Mayor Meyera E Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Chaplmn Donald Staton Christian M~ss~on Fellowship Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS July 8, 2003 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARING 1 AGRICULTURAL RESERVE PROGRAM (ARP) - Blackwater and Hungarian Roads a. Earl R. and Karen M. Bogda - 33.02 acres, 3272 Hungarian Road b. Samuel R. Bradley - 41.30 acres, 5612 Blackwater Road I. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS . Ordinances to AUTHORIZE the acquisition of Agricultural Reserve Preservation (ARP) easements and issuance of contract obligations. ao 33.02 acres at 3272 Hungarian Road in behalf of Earl R. and Karen M. Bogda (Installment Agreement 2003-58). bo 41 30 acres at 5612 Blackwater Road in behalf of Samuel R. Bradley (Installment Agreement 2003-59 ° Ordinance to AUTHORIZE the City Manager to accept a Deed of Termination from the United States of America (USA) to vacate and convey unto the City the entire Lynnhaven dredge spoil site easement together with all accretions. o Ordinance to AUTHORIZE the City Manager to execute and dehver the Joint Powers Association Agreement re purchasing electricity and becoming a member of the Virginia Energy Purchasing Governmental Association (VEPGA). . Ordinance to AUTHORIZE the City Manager to execute a Consent to the Assignment of Ingenco's rights and obligations to MERCANTILE under The Amended Landfill Gas Sale Agreement re gas recovery system at Landfill II. . Ordinance to ACCEPT and APPROPRIATE a $506,599 grant from the U.S, Transportation Security Administration re replacement of some current marine patrol boats, related equipment and additional training of the marine patrol unit for the Pohce Department. o Ordinance to ACCEPT and APPROPRIATE a $243,057 grant from the U. S. Department of Justice re equipment to address tactical rescue and hazardous materials events for the Fire Department o Ordinance to ACCEPT and APPROPRIATE a $100,000 grant from the U.S. Department of Justice; and, TRANSFER $5,000 re hazardous incident robot to address multiple threats, (such as explosives handhng, incendiary devices, weapons of mass destruction, biological and chemical weapons), to enhance the level of safety for emergency responders and the local citizens. ° Ordinance to establish a Capital Improvement Plan (CIP) project re Red Wing Lake Golf Course improvements; and, APPROPRIATE $1,000,000 of fund balance from the Parks and Recreation Special Revenue Fund to this project ° Resolution estabhshlng the Trauma Center Task Force to restore the Level II Center designation and identify other issues re current hospital services to be maintained and enhancer for the citizens of Virginia Beach at Sentara Virginia Beach General Hospital 10. Resolution establishing an Unfunded Education Mandates Joint Task Force and providing for its membership and duties. 11 Resolution AUTHORIZING the City Manager issue a Request For Proposal (RFP) and AWARD an exclusive contract for beverage vending machines on City property. DEFERRED July 1, 2003 Ko PLANNING o THE FOLLOWING PLANNING ITEMS WERE ACTED UPON BY CITY COUNCIL AT THEIR REGULAR FORMAL SESSION PLANNING PUBLIC HEARING ON THE TWENTY-FOURTH DAY OF JUNE 2003; HOWEVER, DUE TO A PUBLISHING ERROR, ADVERTISING OCCURRED ONLY ONCE IN THE BEACON. THEREFORE, THE ACTION OF CITY COUNCIL ON JUNE 24TH WAS DECLARED NULL AND VOID. THESE ITEMS WERE PUBLISHED IN ACCORDANCE WITH THE VIRGINIA STATE CODE ON JULY 20 AND 27, 2003, AND ARE SUBJECT TO CITY COUNCIL ACTION AT THEIR REGULAR FORMAL SESSION PLANNING PUBLIC HEARING ON TUESDAY, AUGUST 5, 2003: ao Application of TRACY REDBURN re expanston ofa nonconformtng use to construct a garage for the one story structure at 615 Twenty-S~xth Street. DISTRICT 6 - BEACH Recommendation Action of City Council: June 24, 2003: DENIAL ALLOW WITHDRAWAL bo Application of KEMPSVILLE BUILDING MATERIALS, INC. re dtsconttnuance, closure and abandonment of a port~on of Denn Lane on the north side of Southern Boulevard, west of Jersey Avenue, to create a consohdated parcel of approximately 5.5 acres. DISTRICT 2 - KEMPSVILLE Recommendation Action of City Council: June 24, 2003: APPROVAL APPROVED/CONDITIONED Co Application of RACHAEL A. SPRINGER for a Condtttonal Use Permtt re a residential kennel for up to seven (7) dogs at 5544 Hatteras Road. DISTRICT 2 - KEMPSVILLE Recommendation Action of City Council: June 24, 2003: APPROVAL APPROVED/CONDITIONED do Appllcahon of MOSE MAST - VIRGINIA BEACH MARBLE CO. for a Condtttonal Use Permtt re a bulk storage yard to store raw materials and finished marble products in Oceana West Corporate Park at 506 Viking Drive. DISTRICT 6 - BEACH Recommendation Action of City Council: June 24, 2003: APPROVAL APPROVED/CONDITIONED , Apphcatlon of GRAND SLAM USA for a Con&ttonal Use Permtt re a commercial recreational facility to operate three (3) indoor batting cages, instructional and practice facilities, glove repair and a retail business at 3636 Virginia Beach Boulevard, State 107. DISTRICT 5 - LYNNHAVEN Recommendation Action of City Council: June 24, 2003: APPROVAL APPROVED/CONDITIONED Application of WAL-MART REAL ESTATE BUSINESS TRUST for a Conditional Use Perrntt re a bulk storage for pallets, recyclable cardboard materials and seasonal sales areas at 1149 Nlmmo Parkway. DISTRICT 7 -PRINCESS ANNE Recommendation Action of City Council: June 24, 2003: APPROVAL APPROVED/CONDITIONED go Applications of JOSEPH G. PIPER to subdlwde the emstlng lot into three (3) lots, with two (2) flag lots, at 2332 Seaboard Road re: DISTRICT 7 - PRINCESS ANNE (1) Vartance to 3~ 4 4(b) ofthe Subdivision Ordinance (2) Change of Zomng Dtstrtct Classtficatton from AG-2 Agricultural D~strlct to R-15 Residential D~stnct Recommendation Action of City Council: June 24, 2003: DENIAL ALLOW WITHDRAWAL ho Apphcatlon of TRITON PCS/SUNCOM for a Mo&ficatton to the Green Run Land Use Plan re a wireless communication tower on the east side of Independence Boulevard, southeast of Nesbltt Drive, within an existing Virginia Power substation are~ DISTRICT 3 - ROSE HALL Recommendation Action of City Council: June 24, 2003: APPROVAL APPROVED/CONDITIONED Ordinance to AMEND § 5.6 of the City's Subdivision Ordinance re the width of sidewalks with a minimum of sixty (60) inches (rather than 48") Recommendation Action of City Council: June 24, 2003: APPROVAL APPROVED Application of the City of Vlrglma Beach for the discontinuance, closure and abandonment of an alley in Block 72, (bordered by Atlantic Avenue, 30th and 31 st Streets and Pacffic Avenue) beginning at Laskln Road (DISTRICT 6 - BEACH) Recommendation: APPROVE L. APPOINTMENTS BEACHES AND WATERWAYS COMMISSION DEVELOPMENT AUTHORITY FRANCIS LAND HOUSE BOARD OF GOVERNORS HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC) Mo N O° 08/01/03/gw vbgov com PARKS and RECREATION COMMISSION PERFORMING ARTS THEATRE ADVISORY COMMITTEE PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COMMITTEE- COG SHORE DRIVE ADVISORY COMMITTEE TIDEWATER REGIONAL GROUP HOME COMMISSION TOWING ADVISORY BOARD YOUTH SERVICES COORDINATING COMMITTEE UNFINISHED BUSINESS NEW BUSINESS 1. ABSTRACT OF CIVIL CASES RESOLVED - June 2003 2. ABSTRACT OF CIVIL CASES RESOLVED - July 2003 ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 5 August 2003 Mayor Meyera E Oberndorf called to order the Brtefing re SOUTHEASTERN PUBLIC SERVICE A UTHORITY(SPSA) AGREEMENT, tn the Ctty Counctl Conference Room, Ctty Hall, on Tuesday, August 5, 2003, at 1 O0 P M Counctl Members Present Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R clones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, dtm Reeve, and dames £ Wood Councd Members Absent Peter W Schmtdt Ron A Vtllanueva [Attendtng a Motorcycle Marathon tn South Dakota] [Entered 1 15 P MI Rosemary Wtlson [Mother ts undergotng surgery] -3- CITY MANA GER'S BRIEFING SO UTHE,4S TERN PUBLIC SER VICE (SPS,4) ,4 GREEMENT I :OO P. M. ITEM # 51434 Wade Kyle, Admtntstrator- Waste Management Dtvtston, advtsed the Southeastern Public Service,4 uthority (SPS,4) currently operates a yard waste processmgfacthty on ntne (9) acres of land at Landfill Il pursuant to a lease wtth the Ctty SPSA wishes to assume the operatton of the apphance ("White Goods)" recychng factltty at Landfill II, and acqutre an option to lease 48+_. acres at Landfill II tn order to consohdate tts compost/mulch operations at the Regtonal Landfill into one site Mr Kyle &splayed the property along the Interstate owned by CBN, as well as Kempsvtlle Road, Ctty Vtew Park and Centervtlle Turnptke The "red" boundary ts the boundary of the landfill property comprtsed of approxtmately 262 acres Since the operatton of the Whtte Goods recychng facthty ts not covered under the current lease wtth SPSA, an agreement provtdmgfor thts spectfic operatton ts needed The optton to lease 48+__ acres wtll allow SPSA to finahze tts plans for consohdatton of tts operattons The long term agreement are authortzed by Vtrgmta Code Sectton 15 2-5148 The Southeastern Pubhc Servtce Authority (SPSA) ts the regtonal sohd waste chsposal agency created tn the 1980's to handle the sohd waste for Norfolk, Portsmouth, Chesapeake, Suffolk, Vtrgmta Beach, Frankhn and the Counttes of Isle of Wtght and Southampton On August 8, 1984, Vtrgtnta Beach and SPSA entered tnto two (2) agreements One was an agreement for "use and support", whtch was executed by all eight (8) SPSA member communtttes It was tntended to provtde a basts for SPSA to obtatn financtng to construct the regtonal waste dtsposal facthttes, begtn processing sohd waste and to assure that adequate quanttttes of waste are available to offset costs for operatton and debt service Thts agreement exptres on January 24, 2018 The second agreement was for "Dtsposal of Ash and Restdue" Thts agreement provtdes for SPSA to dtspose of up to 300, 000 tons of ash and restdue from the Refuse Dertved Fuel Plant tn Portsmouth at the Vtrgmta Beach Landfill H The agreement requtred SPSA to retmburse Vtrgtnta Beach for the purchase of 153 acres of land tn the 1980's to be used for dtsposal of the ash and residue Other significant provtstons of the agreement allow for Vtrgtnta Beach to dtspose of 5 % of the waste collected by the Ctty and Ctty contractors without charge, and for a predetermtned cap on the ttpptngfees patd each year durtng the term of the agreement The agreement exptres December 31, 2015, at whtch ttme the benefits of the capped ttpptng fee and operattng cost retmbursement wtll expire The 5%free dtsposal ts also a provtston of the Use and Support Agreement, so Vtrgtnta Beach wtll recetve thts benefit at least through January 24, 2018 In July 1997, SPSA notified the Ctty they would no longer be dehvertng ash and restdue to Landfill H They dectded to dtspose of tt tn the Regtonal Landfill However, a provtston of the agreement states, "The Authortty agrees to make such payments to Vtrgtnta Beach (operattng and capttal costs) trrespecttve of whether the authortty makes use of the Landfill" SPSA ts constdertng consohdattng the mulch factltty at Landfill H and the compost facthty of the Regtonal Landfill into one stte at Landfill II. SPSA has asked for a Lease Optton for approxtmately 48 acres tt will need at Landfill lI. It wtll provtde SPSA the opportuntty to begtn planntngfor an expanston of the Regional Landfill, reduce operattng costs and wtll hmtt the need to locate or purchase another stte The term ts from the ttme the lease optton ts exerctsed through the year 2010 wtth two (2) addtttonal renewal terms often (10) years each Counctl Lady Eure suggested the tntttal term be allowed through 2010, but have five (5) year renewals thereafter rather than ten years In any case, after January 24, 2018, as thts ts the end of all the agreements for the use and support of SPSA, the Ctty has the optton to provtde a two-year nottce August 5, 2003 -4- CITY MANA GER'S BRIEFING SO UTHEAS TERN PUBLIC SER VICE (SPSA) AGREEMENT ITEM # 51434 (Continued) SPSA has offered the followtng constderattons SPSA wtll abandon the extsttng 9-acre mulch factltty for the Ctty of Vtrgtnta Beach to use as they deem approprtate SPSA wtll take over operatton of the "White Goods Program" at no cost to the Ctty It requtres that apphances dehvered to Landfill II by the Ctty and others be recycled All freon ts extracted from refrzgerators and atr condtttoners to comply wtth the Federal Clean Atr Act SPSA wtll destgn the factltty to assure adequate buffers wtll be m place for norse control and aesthettc buffertng We wtll be requtrtng a mtntmum of a 50' buffer of trees smf shrubbery on the pertmeter of the stte that ts not dtrectly adjacent to the Landfill operatton SPSA uses an envtronmentally safe chemtcal agent to control odors tn the compost operatton Land for future phases cleared by SPSA Internal roads tmproved by SPSA The annual trtps of SPSA tractor-traders over Vtrgtma Beach roads wtll be reduced by 2,691 or 53% Vtrgtnta Beach wtll conttnue to have a chsposal locatton tn the western part of the Ctty to dehver yard waste SPSA wtll pay all costs for constructton and operatton of the facthty and wtll pay $81,691 to the Ctty for past due amounts tn dispute SPSA wdl take over the operatton of the "Whtte Goods "program at no cost to the Ctty $160, 000 was reallocated tn the FY2003/2004 Budget as a result of SPSA performing thts work at no cost to the Ctty SPSA wtll pay all costs for constructton and operation of the Compost/Mulch facthty The hours of operatton of the tub grtnder machtne utthzed for composttng shall be contatned wtthtn the agreement (approxtmately 7 O0 A M to 5 30 P M) and the grtnder shall be located away from the restdenttal area An Or&nance authortztng the Ctty Manager to execute an agreement wtth the SOUTHEASTERN PUBLIC SER VICE A UTHORITY (SPSA) for the operation of the apphance ("White Goods ") recychngfacthty and a lease opttonfor the compost/mulchfacthty at Landfill Ilshall be scheduled for the Czty Counctl Sesston of August 12, 2003 August 5, 2003 -5- CITY M/INA GER'S BRIEFING "OLD BEA CH MASTER PLAN" 19tn Street Corridor 1:29 P.M. ITEM # 51435 Robert Scott, Dtrector of Planmng, advtsed Sktdmore, Owtngs and Merrtll, LLP (SOM) presented detailed briefings tn November 2002 and March 2003 re a consohdated plan for the 19tn Street and 17~ Street Corridors Thts plan ss now entitled the "Old Beach Area", as st does not strtctly encompass 19th Street, although 19th Street rematns the "heart" When the new Conventton Center opens tn 2007, the Ctty wtshes to have an tmproved connectton of thts facthty to the Oceanfront Three (3) elements are contatned wtthtn the study (1) a hnearpark along the northstde of]9th Street connecttng the Oceanfront wtth the Conventton Center, (2) strong/healthy mtxed use areas along both 19'h and 17th Streets and (3) revttahzatton of the three (3) extsttng trader parks, not harmontous wtth Ctty Counctl's goals Through the Hampton Roads Transportatton Dtstrtct Commtsston (HRT), a Bus Raptd Transit (BRT) study has been commtsstoned SOM advtsed thts concept cannot rely on automobtles There must be a htgher presence of rehable transtt tn the area Efforts need to be coordtnated wtth the Vtrgtnta Beach School Board relattve relocatton of the Vtrgtnta Beach Mtddle School don DeVrtes, Prtnctpal and Nattonal Dtrector of Strategtc Development Planmng and Karen Gross - Manager of Strategtc Development Planntng, URS Corporation, dtscussed the economtc analysts of the Conventton Center and Beach Dtstrtct Market URS PROJECT AREA 22nd Street on the north Oceanfront on the east 16th Street and Norfolk Avenue on the south Birdneck Road on the west August 5, 2003 -6- CITY MANA GER'S BRIEFING OLD BEACH MASTER PLAN" 19tn Street Corridor ITEM # 51435 LAND CONSTRAINTS- .4IC UZ IMPLEMENTATION RECOMMENDATIONS Creatton of Houstng Redevelopment Authortty- land assembly Creatton of an area-wtde Tax Increment Ftnanctng Dtsttrct (T/F) - asstst wtth land assembly, stte preparatton and tnfrastructure costs Rehabthtatton program - low-interest loans/rants to encourage existing owners to matntatn and upgrade properties Systemattc Code Enforcement -program to tdenttfy code vtolattons tn area a~tYUllu~, utdltl~ d~hts <,1 ~r~ullur~ Utlltl~ offs, sale oUt~ August 5, 2003 -7- CITY MANA GER'S BRIEFING OLD BEA CH MASTER PLAN" 19tn Street Corridor ITEM # 51435 (Continued) A hst of ctttes wtth schools tn close proxtmtty to Conventton Centers shall be provtded Concern was expressed relative a Redevelopment and Houstng Authortty betngplaced first on the hst of recommendattons Vtce Mayor Jones beheves the two major steps should be (1) the purchase of the land between the Conventton Center and the Oceanfront, and, (2) developtng the park-hke scene down I9th Street to the Oceanfront There should be a coor&natton of the groups tnvolved wtth thts Plan t e the Resort Area Commtsston (RA C), Planning Commtsston, Board of Zomng Appeals and the Conventton Center Advtsory Commtttee The appotntment o fa Ctttzens Steering or Advtsory Commtttee was suggested to coordtnate wtth the Cay Counctl Ltatsons The Mayor advtsed Counctl Members Maddox and Reeve have requrested to be the City Counctl Ltatstons Counctl Members Maddox and Reeve shall provtde a hsttng of the responstbthttes and posstble composition of thts Advisory Commtttee to City Council for thetr constderatton Appointments shall be made during September Ad&tonal consultant work will be necessary tn terms of traffic analysts, transtt opportuntttes, et cetera If acceptable, the study should be completed tn approxtmately ten (1 O) months wtth engmeermg destgn, constructton and completton approxtmately tn 2007 FIVE MINUTE BREAK - 3:52 P.M. to 4:08 P.M. August 5, 2003 -8- AGENDA RE VIEW SESSION 4:08 P.M. ITEM # 51436 J1 Ordtnances to AUTHORIZE the acqmsttton of Agrtcultural Reserve Preservation (ARP) easements and tssuance of contract obhgattons a 33 02 acres at 3272 Hungartan Road tn behalfofEarlR, and Karen M. Bogda (Installment Agreement 2003-58) b 41 30 acres at 5612 Blackwater Road tn behalf of Samuel R. Bradley (Installment Agreement 2003-59 Counctl Lady McClanan wtll vote NAY on thts ttem J5 ITEM # 5143 7 Or&nance to ACCEPT and APPROPRIATE a $506,599 grant from the U & Transportatton Securtty Admtntstratton re replacement of some current marine patrol boats, related equtpment and ad&ttonal tratntng of the marine patrol unit for the Pohce Department Counctl Lady McClanan expressed concern Counctlman Wood advtsed thts ordtnance does not relate to fisherman He and Counctlman Schmtdt, wtth Ctty Attorney Ltlley as well as representattves of the Pohce Department, attended the Coastal Conservation Association (CCA) meettng. The law, when necessary, ts betng enforced Otherwtse, warntngs are issued These are the Ctty 's first Homeland Security funds J8 ITEM # 51438 Ordtnance to estabhsh a Capital Improvement Plan (CIP) project re Red Wing Lake Golf Course tmprovements, and, APPROPRIATE $1,000,000 of fund balance from the Parks and Recreatton Spectal Revenue to fund thts project Counctl Lady McClanan wtll vote NAY on thts ttem and a&vsed the prtmary users of the facthty should pay for the improvements August 5, 2003 -9- AGENDA RE VIEW SESSION ITEM # 51439 J9 Resolutton estabhshtng the Trauma Center Task Force to restore the Level II Center destgnatton and tdenttfy other tssues re current hospttal servtces to be matntatned and enhanced for the ctttzens of Vtrgtnta Beach at Sentara Vtrgtnta Beach General Hospttal Counctlman Vtllanueva requested two (2) of the members be representattves of the General Assembly one from the Senate and one from the House of Delegates Two members of the General Assembly have already expressed tnterest Thts ordinance shall be revised to increase membership from seven (7) to nine (9) The Mayor advtsed the Task Force shall furnish recommendattons to City Council by November 30, 2003 Thts should enable thts matter to be tncluded tn City Counctl's Legtslattve Package for 2004 ITEM # 51440 Counctlman Vtllanueva dtstrtbuted a Revised Resolution encompassing the followtng verbtage to be added (hnes 30 to 36) "WHEREAS, the Counctl wtshes to study the tmpacts of unfunded mandates on the local government budget and as a first step destres to focus on the effects on pubhc educatton, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEA CH, VIRGINIA 1 As a first step towards addresstng unfunded mandates, there ts hereby estabhshed the Joint Task Force on Unfunded Mandates for Educatton" Councilman Vtllanueva advtsed thts ts a "government tn actton" tntttattve ITEM # 51441 J 11 Resolutton AUTHORIZING the Ctty Manager tssue a Request For Proposal (RFP) and A WARD an exclustve contract for beverage vending machines on Cttyproperty Thts request forproposals and any resulttng contract shall exclude machtnes on Cttyproperty not operated by an outstde party or vendor Thts ttem shall be DEFERRED INDEFINITEL Y, B Y CONSENT. August 5, 2003 - 10- AGENDA RE VIEW SESSION ITEM # 51442 BY CONSENSUS, the followtng shall compose the CONSENT AGENDA: ORDINANCES/RES OL UTIONS J1 Ordtnances to AUTHORIZE the acqutsttton of Agrtcultural Reserve Preservatton (ARP) easements and tssuance of contract obhgattons a 33 02 acres at 3272 Hungartan Road tn behalf of Earl R. and Karen M. Bogda (Installment Agreement 2003-58) b 41 30 acres at 5612 Blackwater Road tn behalf of Samuel R. Bradley (Installment Agreement 2003-59 J2 Ordinance to AUTHORIZE the Ctty Manager to accept a Deed of Termination from the Umted States of Amertca (USA) to vacate and convey unto the Ctty the enttre Lynnhaven dredge spoil site easement together wtth all accretions J3 Or&nance to AUTHORIZE the Ctty Manager to execute and dehver the Joint Powers Association Agreement re purchastng electricity and becomtng a member of the Vtrgtma Energy Purchastng Governmental Assoctatton (VEPGA) J4 Ordtnance to AUTHORIZE the Ctty Manager to execute a Consent to the Asstgnment of Ingenco's rtghts and obhgattons to MERCANTILE under The Amended Landfill Gas Sale Agreement re gas recovery system at Landfill II. J5 Ordmance to ACCEPT and APPROPRIATE a $506,599 grant from the U & Transportatton Securtty Admtntstratton re replacement of some current marine patrol boats, related equtpment and addtttonal tratnmg of the marine patrol unit for the Pohce Department J6 Ordtnance to ACCEPT and APPROPRIATE a $243,057 grant from the U S Department of Justtce re equtpment to address tactical rescue and hazardous materials events for the Ftre Department August 5, 2003 -11- AGENDA RE VIEW SESSION ITEM # 51442 (Continued) J7 J8 J9 JlO Jll Ordtnance to ACCEPT and APPROPRIATE a $100, 000 grant from the US Department of Justtce, and, TRANSFER $5,000 re hazardous incident robot to address multtple threats, (such as explostves handhng, tncendtary devtces, weapons of mass destructton, btologtcal and chemtcal weapons), to enhance the level of safety for emergency responders and the local citizens Or&nance to estabhsh a Capttal Improvement Plan (CIP) project re Red Wing Lake Golf Course improvements, and, APPROPRIATE $1,000,000 of fund balance from the Parks and Recreation Spectal Revenue Fund to fund thts project Resolutton estabhshtng the Trauma Center Task Force to restore the Level II Center destgnatton and tdenttfy other issues re current hospttal servtces to be mamtamed and enhanced for the ctttzens of Vtrgtnta Beach at Sentara Vtrgtnta Beach General Hospttal Resolutton estabhshtng an Unfunded Education Mandates Joint Task Force and provtdtng for tts membershtp and duties. Resolutton AUTHORIZING the Ctty Manager tssue a Request For Proposal (RFP) and A WARD an exclustve contract for beverage vending machines on Cttyproperty Counctl Lady McClanan shall vote NAY on Item J I a/b and J 8 Item J 9 shall be ADOPTED, AS REVISED, B Y CONSENT. Item J 1 O, shall be ADOPTED, AS REVISED, BY CONSENT. Item J 11 shall be DEFERRED INDEFINITEL Y, B Y CONSENT August 5, 2003 - 12- AGENDA RE VIEW SESSION ITEM # 51443 The City Clerk advtsed the planning items (K.l.a-i.) were acted upon by City Council at their regular Formal Session Planning Public Hearing on the Twenty-fourth day of June 2003; however, due to a publishing error, advertising occurred only once in the Beacon. Therefore, the action of City Council on June 24th was declared null and void. These items were published in accordance with the Virginia State Code on July 20 and 2 7, 2003, and are subject to City Council action at their regular Formal Session Planning Public Hearing on Tuesday, August 5, 2003. Correspondence from The Virginian Pilot admitting their error was enclosed in City Council's agenda. The Ctty Attorney advised the purpose of the second adverttsement ts to assure the pubhc recetved proper nottce requtred by the Vtrgtnta State Code The Ctty Counctl wtll be voting on these ttems as tf they never previously voted, however, the items can be voted upon BY CONSENT, wtth verbal votes expressed ITEM # 51444 K 1 d Apphcatton of MOSE MAST- VIRGINIA BEACH MARBLE CO. for a Conditional Use Permit re a bulk storage yard to store raw matertals and fintshed marble products tn Oceana West Corporate Park at 506 Viking Drtve DISTRICT 6- BEA CH Stephen Whtte, Planmng, advtsed relattve Con&tton No 3 The last sentence should be deleted as requested by the Planmng Commtsston and recorded tn the Mtnutes of June 24, 2003 3 Constructton of the bulk storageyard shall be completed wtthtn 90 days of Con&ttonal Use Permit approval 77,~e semi-traile, s ITEM # 51445 L 9 Ordinance to AMEND 3~ 5 6 of the Ctty k Subdtvtston Ordtnance re the width of sidewalks Counctl Lady McClanan tnqutred tf thts ttem was dtscussed wtth the btktng representattves Counctl Lady Eure advtsed Fred Adams concurs wtth thts amendment The Ctty Manager advtsed a wtdth of stxty (60) tnches ts conststent wtth the reqmrements of the Amertcans wtth Dtsabtltttes Act (ADA) John Fowler, Pubhc Works, advtsed thts wtdth does not affect the wtdth of the btke trads Mr Fowler beheves the btktng communtty wouM concur wtth the ADA requtrement August 5, 2003 - 13- AGENDA RE VIE W SESSION ITEM it 51446 B Y CONSENSUS, thefollowtng shall compose the PLANNING B Y CONSENTA GENDA: Kla Apphcatton of TRACY REDBURN re expansion of a noncon_formtng use to construct a garage for the one story structure at 615 Twenty-&xth Street DISTRICT 6- BEA CH K1 b Apphcatton of KEMPSVILLE BUILDING MA TERIALS, INC. re dtsconttnuance, closure and abandonment of a portton of Denn Lane on the north side of Southern Boulevard, west of Jersey Avenue, to create a consohdated parcel of approxtmately 5 5 acres DISTRICT 2 - KEMPSVILLE Klc Apphcatton of RA CHAEL A. SPRINGER for a Con&ttonal Use Permtt re a residential kennel for up to seven (7) dogs at 5544 Hatteras Road DISTRICT 2 - KEMPSVILLE K 1 d Apphcatton of MOSE MAST - VIRGINIA BEACH MARBLE CO. for a Con&ttonal Use Permtt re a bulk storage yard to store raw matertals and fimshed marble products tn Oceana West Corporate Park at 506 Vtktng Drtve DISTRICT 6- BEA CH Lie Apphcatton of GRAND SLAM USA for a Con&ttonal Use Permtt re a commercial recreational facility to operate three (3) indoor batting cages, instructional and practice facilities, glove repair and a retail business at 3636 Vtrgmta Beach Boulevard, Sutte 107 DISTRICT 5 - L YNNHA VEN K 1 f Apphcatton of WAL-MARTREAL ESTATE BUSINESS TRUST for a Condmonal Use Permtt re a bulk storage for pallets, recyclable cardboard materials and seasonal sales areas at 1149 Ntmmo Parkway DISTRICT 7- PRINCESS ANNE Klg Apphcattons of JOSEPH G. PIPER to subdtvtde the extsttng lot tnto three (3) lots, wtth two (2)flag lots, at 2332 Seaboard Road re DISTRICT 7- PRINCESS ANNE (1) Variance to 3~ 4 4(b) of the Subchvtston Ordinance (2) Change ofZomngDtstrtct Classtficatton from AG-2 Agrtcultural Dtstmct to R-15 Restdenttal Dtstrtct August 5, 2003 - 14- AGENDA RE VIEW SESSION ITEM # 51446 (Continued) Klh Kit Apphcatton of TRITON PCS/SUNCOM for a Modt_ficatton to the Green Run Land Use Plan re a wireless communication tower on the east stde of Independence Boulevard, southeast of Nesbttt Drtve, wtthtn an extsttng Vtrgtnta Power substatton area DISTRICT 3 - ROSE HALL Or&nance to AMEND 3~ 5 6 of the City's Subdtvtston Or&nance re the width of sidewalks. K2 Apphcatton of the Ctty of Vtrgtma Beach for the discontinuance, closure and abandonment of an alley tn Block 72, (bordered by Atlanttc Avenue, 30th and 31s' Streets and Pacific Avenue), begtnntng at Lasktn Road (msrmcr 6- BEA CH) Item K 1 a wtll be WITHDRAWN, BY CONSENT Counctl Members Eure, McClanan and Wood wtll vote NAY on Item K 1 c (Sprtnger) Vtce Mayor Jones wtll VERBALL Y ABSTAIN on Items K 1 b (Kempsvtlle Butldtng) and K 1 e (Grand Slam) Item K 1 g will be WITHDRAWN, BY CONSENT August 5, 2003 -15- CITY COUNCIL LIAISON REPORTS 4:45 P.M. ITEM # 51447 Counctl Members, Reeve, Maddox and Vtllanueva, held thetr first Senior Citizens Real Estate Tax Relief Task Force meettng tn duly at the Shertff's ,4dmtntstrattve Conference Room Unfortunately, a storm htt the Muntctpal Complex and power was lost The enttre meettng was conducted tn the dark The next meettng ts scheduled for August 27, 2003, at 6 O0 P M tn the Fire Tratntng Academy on Btrdneck Road (old Seatack Elementary School) Thts wtll allow for a larger facthty to accommodate the pubhc Counctlman Reeve advtsed financtal tmphcattons are one of the roam concerns ITEM # 51448 Councdman Vtllanueva requested tnformatton relattve the status of the Pendleton Parking sttuatton Counctlman Maddox advtsed co-or&nattng wtth Pubhc Works and the Pohce Department and beheves the Ordtnance to AUTHORIZE elimination of parkingfees imposed under the 2002 Camp Pendleton Beach Agreement (,4dopted on ,4ugust 6, 2002) has been a success Prtor to Ctty Counctl actton, there were only approxtmately thtrty or forty vehtcles parked tn the lot Now, the parktng lot ts almost full during the week and completely occupied during the weekend There ts a speedtngproblem on Vanderbtlt (the road mto the parktng loO Croatan ts served by the traffic calming program and ts tn the process of gotng into the next level, whtch requtres a petttton contatntng stgnatures of 75% of the netghborhood residents On Saturday and Sunday, when the parktng lot ts completely occupted, vehtcles "cue up" on Vanderbtlt, as many as five and stx blocks, whtch results tn blockage of restdents' drtveways Commencing two weeks ago, the Pohce Department wtll not allow thts hntng up on Vanderbtlt Ulttmately access wtll be needed through Pendleton tnto thts parktng lot Thts ts sttll a "work tn progress" One of the recommendattons of the Beaches and Waterways Commtsston was ulttmately satelhte parkmg would be necessary ITEM # 51449 Counctl Members Wood and Schmtdt made a presentatton to the School Board on duly 15, 2003, relattve the Performing Arts Theatre Subsequent to thts meettng, Counctlman Schmtdt actually met with representattves of the Vtrgtnta Beach School Board reflected tn an article tn The Vzrgmtan Ptlot ,4 report wtll be provtded to Ctty Counctl durtng thetr Retreat August 5, 2003 -16- COUNCIL COMMENTS 5:00 P.M. ITEM # 51450 Vice Mayor Jones DISCLOSED and presented to the Ctty Clerk a Request for a Confltct of Interests Act Optmon from Commonwealth's Attorney Harvey Lee Bryant, III and City Attorney Leshe L Ltlley relattve the Town Centerproject Based on thetr revtew of the State and Local Government Confltct of Interests Act and the facts provtded, the Commonwealth's Attorney and Ctty Attorney advtsed Vtce Mayor Jones no longer has a personal tnterest tn the Town Centerproject and confirmed the conflict no longer extsts Vtce Mayor Jones may parttctpate on behalf of City Council tn the ongoing dtscusstons concermng Town Center Vtce Mayor Jones' letter of July 1, 2003, ts hereby made a part of the record ITEM # 51451 Mayor Oberndorf advtsed she and her husband Roger, after atten&ng a movte at Columbus Center, were approached by a couple who advised her the hghts on the sptre at our Town Center were out The Mayor advtsed the Ctty Manager of the hghts bemg out and the prtde of the ctttzens After a speech at the Ktwants Club, the members tnformed her the hghts were back on at their Town Center The restdents take great prtde tn the Town Center Mayor Oberndorf expressed apprectatton to the City Manager ITEM # 51452 Counctlman Reeve advised thts Saturday, August 9, 2003, will be the third Annual Eco-Sports Challenge in south Sandbridge at Little Island. Thts event ts predomtnately an outer canoe kayak race tntttated three (3) years ago Sandbrtdge Eco-Sports ts one of the matn sponsors Counctlman Reeve extended an tnvttatton to the Mayor and Counctl Members tojotn tn thts sports event ITEM # 51453 Counctl Lady Eure tnqutred whether or not bustnesses have to pay for terrorists' risk insurance tn the Commonwealth Insurance companies are arbttramly addtng thts to thetr coverage Counctl Members Wood and Maddox advised tt ts opttonal, however, Counctlman Maddox advtsed he elected to pay for thts tnsurance August 5, 2003 City of Virginia Beach LESLIE L LILLEY CITY ATTORNEY MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9004 (757) 427-4531 FAX (757) 426-5687 TDD (757) 427-4305 In Reply Please Refer to OP-818 July 1, 2003 Vice-Mayor Louis R. Jones V]rgima Beach City Councd Mumcipal Center V]rgima Beach, VA 23456 Re: Request for Conflict of Interests Act Opimon Dear V~ce-Mayor Jones: I am writing in response to your request for an op~mon as to whether you are precluded from pammpat~ng on behalf of C~ty Council in ongoing discussions concerning Town Center. SUMMARY CONCLUSION Based on my review of the State and Local Government Conflict of Interests Act and the facts prowded by you, I am of the op~mon that you do not have a personal ~nterest ~n the Town Center project. Therefore, you may partmipate on behalf of City Councd ~n the ongmng discussions concerning Town Center. I base the aforesmd conclusion on the following facts which you have presented. Please review and verify the accuracy of the facts set forth herren as you may only rely upon th~s opimon to the extent that those facts are complete and accurate. FACTS PRESENTED The City and the Virg~ma Beach Development Authority have a contract w~th Town Center Assomates, L.L.C. ("Town Center Assomates") to develop the Town Center of V~rgima Beach ("Town Center"), a mult~-mdhon dollar urban development center located ~n the C~ty's Central Vine-Mayor Louis R. Jones -2- July 1, 2003 Re: Request for Conflict of Interests Act Oplmon Business D~strict. Armada Hoffier Development Company proposed the Town Center project, and when the C~ty accepted, Armada Hoffier Development Company formed Town Center Associates for the purpose of entering ~nto the Town Center pubhc-pnvate partnership with the C~ty. Town Center Associates engaged Armada Hoffier Development Company as developer of the project, and Armada Hoffier Development Company engaged Armada Hoffier Construction Company to construct the project. Town Center Associates or ~ts assigns or other Armada Hoffier-afilliated entities~ wall operate and lease the completed Phase I tower and the parking structure and wall construct, operate and lease future Town Center ~mprovements ~n Phase II and beyond. In the normal course ofbus~ness, completed projects of Armada Hoffier-affihated entities that are not sold are managed and operated by Armada Hoffier Properties. You have an ownership ~nterest ~n Resource Bank which exceeds three percent of ~ts total equity. Since 1997, Resource Bank has extended three loans and two lines of credit to various Armada Hoffier-affiliated ent~t~es. In 1997, Resource Bank extended to Armada Hoffier Construction Company a $1 mdlion revolving line of credit. That line of credit was extended on June 29, 2001, but ~t was cancelled ~n August 2001 (hereinafter "cancelled.hne of credit") Also ~n 1997, Resource Bank extended to Armada Hoffier Investment Properties II a $1.2 m~llion loan for the purchase of three parcels ~n the Greenbrier section of Chesapeake. That loan was renewed in April 2000 in the name of A/H Land L.L.C. (hereinafter "Greenbrier loan"). In 2000, Resource Bank extended to Lake Gaston, L.L.C. a $2.6 million loan for the constructmn of a Food Lion. The facility ~s being built by Armada Hoffier Construction Company (hereinafter "Food Lion loan"). Also in 2000, Resource Bank entered into a 50/50 part~mpatlon agreement with Monarch Bank for a $1.6 milhon line of credit to Armada Hoffier Properties. Resource Bank d~d not directly contract with Armada Hoffier Properties. Rather, Armada Hoffier Properties contracted with I Throughout th~s op~mon, the term "Armada Hoffier-affihated entity" refers to ent~t~es whmh share the same pnnc~pals as Armada Hoffier Construction Company The Act defines "affiliated bus~ness entity relationship" as "a relationship, other than parent-subsidiary relationship, that emsts when 0) one bus~ness entity has a controlhng ownership interest in the other business entity, (n) a controlling owner ~n one entity ~s also a controlling owner ~n the other entity, or (ill) there ~s shared management or control between the business entities. Factors that may be considered in determining the existence of an affiliated business entity relationship ~nclude that the same person or substantially the same person owns or manages the two entities, there are common or commingled ftmds or assets, the business ent~t~es share the use of the same offices or employees, or otherwise share act~wt~es, resources or personnel on a regular bas~s, or there ~s otherwise a close working relationship between the entlt~es" Va Code § 2 2-3101. Vice-Mayor Louis R. Jones -3- July 1, 2003 Re: Request for Conflict of Interests Act Opinion Monarch Bank, which then entered into a participation agreement with Resource Bank. The line of credit is unrestricted as to its business use. You have advised that this participation line of credit has been cancelled (hereinafter "cancelled participation hne of cre&t"). In 2001, Resource Bank extended a $1.2 million loan to Armada Hoffier Construction Company for the construction of an insurance building in New Jersey (hereinafter "New Jersey loan"). ISSUE PRESENTED May you participate on behalf of City Council ~n the ongoing discussions concerning Town Center? DISCUSSION/CONCLUSION The State and Local Government Conflict of Interests Act is set forth ~n § 2.2-3100 et seq. of the Code of Virginia (1950), as amended. The primary focus of the Act is on the personal interests of an officer or employee of state or local government in the transactions of, and contracts with, the governmental or advisory agency of which he or she is a member. Based on the definitions set forth in the Act, you have a "personal interest''2 in Resource Bank by virtue of your ownership interest which exceeds three percent of its total equity. The critical inquiry, therefore, is whether, because of your personal interest in Resource Bank, you have a "personal interest m a transaction''3 concerning Town Center. 2 "'Personal interest' means a finanmal benefit or habflaty accrmng to an officer or employee or a member of h~s ammed~ate family. Such anterest shall exast by reason of 0) ownership an a busaness ~f the ownershap anterest exceeds three percent of the total eqmty of the busaness; (n) annual ancome that exceeds, or may reasonably be antmapated to exceed, $10,000 from ownership an real or personal property or a busaness; (in) salary, other compensataon, fnnge benefits, or benefits from the use of property or any combination thereof, prod or provided by a busaness or governmental agency that exceeds, or may reasonably be antmlpated to exceed, $10,000 annually; 0v) ownershap of real or personal property afthe anterest exceeds $10,000 an value and excluding ownership an a busaness, ancome, or salary, other compensation, fringe benefits or benefits from the use of property; (v) personal habfllty ancurred or assumed on behalf of a business af the habflaty exceeds three percent of the asset value of the busaness, or (w) an option for ownership of a bus~ness or real or personal property ~f the ownership interest will consist of (1) or 0v) above." Va. Code § 2.2-3101. 3 "'Personal interest an a transactaon' means a personal anterest of an officer or employee an any matter consadered by has agency. Such personal anterest exists when an officer or employee or a member of has amme&ate family has a personal anterest an property or a bus~ness or a governmental agency, or represents Vice-Mayor Louis R. Jones -4- July 1, 2003 Re: Request for Conflict of Interests Act Opinion Based upon the facts presented, Resource Bank is not the subject of the transaction. Therefore, the pertinent inquiry in the "personal interest in a transaction" analysis is whether, as a result of the three loans and two lines of credit, Resource Bank may reahze a direct or indirect benefit or detriment as a result of City Council's consideration of Town Center-related transactions. The proceeds of the three loans extended by Resource Bank-the Greenbrier loan, the Food Lion loan, and the New Jersey loan-by contract may only be used by the recipient entities for the specific projects for which the loans were extended. Because the proceeds of these loans cannot be used for the Town Center project, ~t is not reasonably foreseeable that Resource Bank will realize a direct or indirect benefit or detriment as a result of City Council's consideration of Town Center- related transactions. The proceeds of the two lines of credit-the cancelled line of credit and the cancelled participation line of credit-could have been used for any business-related purpose, including Town Center. Because the cancelled hne of credit and the cancelled participation line of credit have been terminated, however, it ~s not reasonably foreseeable that the cancelled lines of credit will cause Resource Bank to realize a direct or indirect benefit or detriment as a result of C~ty Council's consideration of Town Center-related transactions. Because it is not reasonably foreseeable that Resource Bank will receive a direct or indirect benefit or detriment as a result of Town Center transactions by mrtue of the loans or cancelled lines of credit extended by Resource Bank to Axmada Hoffier-affihated entities, these loans and lines of credit do not result in your having a personal interest in Town Center-related transactions. Therefore, the Act would not prohibit you from participating on behalf of C~ty Council ~n the ongoing discussions concerning Town Center.4 As a final note, the Conflict of Interests Act deals with the types of influences upon a pubhc officer's judgement whmh are clearly improper. The law does not, however, protect against all appearances of improper influence. In that respect, the Act places the burden on the individual officer to evaluate whether the facts presented create an appearance of impropriety whmh is unacceptable or which could affect the confidence of the public in the officer's ability to be impartial. or prowdes sermces to any ~ndlwdual or bus~ness and such property, bus~ness, or represented or served ~nd~vldual or business 0) ~s the subject of the transaction or (n) may realize a reasonably foreseeable d~rect or indirect benefit or detriment as a result of the action of the agency consIdenng the transaction." Va Code § 2.2-3101. 4 The conclusion reached ~n this oplmon ~s opposite of that reached ~n the opinion rendered to you on February 22, 2002, and concurred In by Mr. Bryant, the Commonwealth's Attorney, because the cancellation of the line of credit removes the conflmt Vice-Mayor Louis R. Jones -5- July 1, 2003 Re: Request for Conflict of Interests Act Opinion Please contact me should you desire any additional ~nformatlon. Very truly yours, Leshe L Lflley City Attorney Seen and Concurred: Bryant, II1L) Commonwealth's Attorney LLL/RRI -17- ITEM # 51454 Mayor Meyera E Oberndorf called to order the INFORM~IL SESSION of the VIRGINI,4 BE,iCH CITY COUNCIL tn the Ctty Counctl Conference Room, Ctty Hall Butldtng, on Tuesday, August 5, 2003, at 5 05 PM Counctl Members Present Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, dim Reeve, Ron A Vtllanueva and James L I~ood Counctl Members Absent Peter W Schmtdt an d Rosemary Wtlson August 5, 2003 - 18- ITEM # 51455 Mayor Meyera E Oberndorf entertatned a motton to permtt Ctty Counctl to conduct tts CLOSED SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrgtnta, as amended, for the followtng purpose PERSONNEL MATTERS Dtscusston, constderatton or tntervtews of prospecttve candidates for employment, asstgnment, appotntment, promotton, performance, demotton, salaries, dtsctphntng, or restgnatton of spectfic pubhc officers, appotntees, or employees pursuant to Sectton 2 2-3711 (A) (1) To Wtt Appotntments Boards and Commtsstons Beaches and Waterways Commtsston Development Authortty Francts Land House Board of Governors Hampton Roads Economic Development Alhance Hampton Roads Planntng Dtstrtct Commtsston Parks and Recreatton Commtsston Performtng Arts Theatre Advtsory Commtttee Pubhc Ltbrary Board Revtew and Allocatton Commtttee Shore Drtve Advtsory Commtttee Ttdewater Regtonal Group Home Commtsston Towtng Advisory Board Youth Servtces Coordtnattng Council Annual Revtew of Performance of Counctl Appotntees PUBLICL Y-HELD PROPERTY Dtscusston or constderatton of the acqutsttton of real property for a pubhc purpose, or of the dtsposttton of pubhcly-held real property, where dtscusston tn an open meettng would adversely affect the bargatntng posttton or negottattng strategy of the pubhc body pursuant to Sectton 2 2-3711(A)(3) Acqutsttton/Dtsposttton of Property - Beach Dtstrtct - Rose Hall Dtstrtct PUBLIC SAFETY Dtcusston of plans to protect pubhc safety as tt relates to terrorist acttvtty and brtefings by staff members, legal counsel, or law-enforcmeent or emergency servtce offictals concerning acttons taken to respond to such acttvtty or a related threat to pubhc safety pursuant to Section 2 2-3 711 (A)(20) Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, City Counctl voted to proceed tnto CLOSED SESSION. Vottng 9-0 Counctl Members Voting Aye Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Ron A V~llanueva and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Peter W Schmtdt an d Rosemary Wtlson (5:05 P.M. - 6:04 P.M. ) August 5, 2003 -19- FORMAL SESSION VIRGINIA BEA CH CITY CO UNCIL August 5, 2003 6:04 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Counctl Chamber, Ctty Hall Butldtng, on Tuesday, August 5, 2003, at 6 04 P M Counctl Members Present Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Ron A Vtllanueva and James L Wood Counctl Members Absent Peter W Schmtdt [Attendtng a Motorcycle Marathon tn South Dakota] Rosemary Wtlson [Mother undergotng surgery] INVOCATION Chaplatn Donald Statton Chrtsttan Mtsston Fellowshtp Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA August 5, 2003 Item VI-E. - 20- CER TIFIC/I TION OF CLOSED SESSION ITEM # 51456 Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc business matters lawfully exempt from Open Meeting requtrements by Vtrgtnta law were discussed tn Closed Sesston to which thts certtficatton resolution apphes, AND, Only such pubhc bustness matters as were tdenttfied tn the motton convening the Closed Session were heard, &scussed or constdered by Vtrgtnta Beach Ctty Counctl Vottng 9-0 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Ron A Vtllanueva and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Peter W Schmtdt and Rosemary Wtlson August 5, 2003 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 ~n ITEM # 51455, page 18, and in accordance w~th the prowslons ofT he Virginia Freedom of Information Act, and, WHEREAS. Section 2 2-3 711 (A) of the Code of V~rg~ma requires a certification by the govermng body that such Closed Session was conducted ~n conformity w~th V~rg~ma law NOW, THEREFORE, BE IT RESOLVED That the V~rg~ma Beach C~ty Counml hereby certifies that, to the best of each member's knowledge, (a) only pubhc bus~ness matters lawfully exempted from Open Meeting reqmrements by V~rg~ma law were d~scussed ~n Closed Session to which th~s certification resolution apphes, and, (b) only such pubhc bus~ness matters as were ~dent~fied ~n the motion convening th~s Closed Session were heard, d~scussed or considered by V~rg~ma Beach C~ty Council R~th HEdges ~m~th~MMC C~ty Clerk August 5, 2003 - 21 - Item VI-F. 1. MINUTES ITEM # 5145 7 Upon motton by Counctl Lady Eure, seconded by Counctlman Reeve, Ctty Counctl APPROVED the Mtnutes of the INFORMAl. and FORMAl. SESSIONS of July, 8, 2003. Vottng 9-0 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Ron A Vdlanueva and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Peter V/Schmtdt and Rosemary l/Vtlson August 5, 2003 - 22 - Item VI-G. ADOPT AGENDA FOR FORMAL SESSION ITEM it 51458 BY CONSENSUS, Cay Counctl ADOPTED: AGENDA FOR THE FORMAL SESSION August 5, 2003 - 23 - Item VI-H.I.a. PUBLIC HE/IRING ITEM # 51459 Mayor Oberndorf DECLARED A PUBLIC HEARING /1GRICUL TUR/IL RESERVE PR OGR/IM 64RP) Earl R. and Karen M. Bogda - 33. 02 acres, 32 72 Hungarian Road There betng no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. August 5, 2003 - 24 - Item VI-H.I.b. PUBLIC HEARING ITEM # 51460 Mayor Oberndorf DECLARED A PUBLIC HEARING AGRICULTURAL RESERVE PROGRAM (ARP) Samuel R. Bradley - 41.30 acres, 5612 Blackwater Road There betng no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. August 5, 2003 - 25 - Item VI-H.I.c. RECOGNITION ITEM # 51461 Mayor Oberndorf RECOGNIZED the followmg Boy Scout tn attendance to earn hts badge Boy Scout Troop 481 Jason Turton Dr. Turton Assistant Scout Master August 5, 2003 - 26- Item VI-J. ORDINANCES/RES OL UTIONS ITEM # 51462 Upon motton by Vtce Mayor Jones, seconded by Councdman Reeve, Ctty Councd APPROVED IN ONE MOTION Ordmances/Resoluttons la~b, 2, 3, 4, 5, 6, 7 and 10 of the CONSENTAGENDA. Item J 10 was ADOPTED, AS REVISED, By Consent Votmg 9-0 (By ConsenO Councd Members Voting Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Ron A Vdlanueva and James L [food Councd Members Voting Nay None Councd Members Absent Peter W Schmtdt and Rosemary Wdson Council Lady McClanan voted a VERBAL NAY on Item J. 1/afo. August 5, 2003 Item V-J.l.afro. ORDINANCES/RES OL UTIONS -27- ITEM # 51463 Upon motion by Vice Mayor Jones, seconded by Counctlman Reeve, Ctty Council ADOPTED: Ordtnances to AUTHORIZE the acqmsttton of Agrtcultural Reserve Preservatton (ARP) easements and issuance of contract obhgattons 33 02 acres at 3272 Hungartan Road tn behalf of Earl R. and Karen M. Bogda (Installment Agreement 2003-58) 41 30 acres at 5612 Blackwater Road tn behalf of Samuel R. Bradley (Installment Agreement 2003-59 Vottng 8-1 (By ConsenO Council Members Voting Ave Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Rtchard A Maddox, Mayor Meyera E Oberndorf Jim Reeve, Ron A Vtllanueva and James L Wood Counctl Members Vottng Nay Reba S McClanan Counctl Members Absent Peter W Schmtdt and Rosemary Wilson August 5, 2003 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN AGRICULTURAL LAND PRESERVATION EASEMENT AND THE ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF $102,657 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been presented to the City Council a request for approval of an Installment Purchase Agreement (the form and standard provisions of which have been previously approved by the City Council, a summary of the material terms of which is hereto attached, and a true copy of which is on file in the City Attorney's Office) for the acquisition of the Development Rights (as defined in the Installment Purchase Agreement) on certain property located in the City and more fully described in Exhibit B of the Installment Purchase Agreement for a purchase price of $102,657; and WHEREAS, the aforesaid Development Rights shall be acquired through the acquisition of a perpetual agricultural land preservation easement, as defined in, and in compliance with, the requirements of the Ordinance; and WHEREAS, the City Council has reviewed the proposed terms and conditions of the purchase as evidenced by the Installment Purchase Agreement; 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The City Council hereby determines and finds that the proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance, and the City Manager or his designee is hereby authorized to approve, upon or before the execution and delivery of the Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal balance of the purchase price set forth hereinabove as the greater of 4.25% per annum or the per annum rate which is equal to the yield on United States Treasury STRIPS purchased by the City to fund such unpaid principal balance; provided, however, that such rate of interest shall not exceed 6.25% unless the approval of the City Council by resolution duly adopted is first obtained. 2. The City Council hereby further determines that funding is available for the acquisition of the Development Rights pursuant to the Installment Purchase Agreement on the terms and conditions set forth therein. 3. The City Council hereby expressly approves the Installment Purchase Agreement and, subject to the determination of the City Attorney that there are no defects 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 in title to the property or other restrictions or encumbrances thereon which may, in the opinion of the City Attorney, adversely affect the City's interests, authorizes the City Manager or his designee to execute and deliver the Installment Purchase Agreement in substantially the same form and substance as approved hereby with such minor modifications, insertions, completions or omissions which do not materially alter the purchase price or manner of payment, as the City Manager or his designee shall approve. The City Council further directs the City Clerk to affix the seal of the City to, and attest same on, the Installment Purchase Agreement. The City Council expressly authorizes the incurrence of the indebtedness represented by the issuance and delivery of the Installment Purchase Agreement. 4. The City Council hereby elects to issue the indebtedness under the Charter of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes the indebtedness a contractual obligation bearing the full faith and credit of the City. 68 69 Adopted by the Council of the City of Virginia Beach, Virginia, on this 5th day of August 2003 , · 70 71 Adoption requires an affirmative vote of a majority of all members of the City Council. CA-8923 arppurchase/bogda/bogdaord, wpd R-1 June 17, 2003 APPROVED AS TO CONTENT' APPROVED AS TO LEGAL SUFFICIENCY' ~/~~ La~D~partment APPROVED AS TO AVAILABILITY OF FUNDS: Finance Department AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2003-58 SUMMARY OF MATERIAL TERMS SELLER: Earl R. and Karen M. Bogda PROPERTY LOCATION: 3272 Hungarian Road PURCHASE PRICE: $102,657 EASEMENT AREA: 33.02 acres more or less DEVELOPMENT POTENTIAL: 4 single-family dwelhng sites (3 acquired, 1 reserved for future development) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 4.25% (actual rate to be determined when STRIPS are purchased prior to execution of IPA). Rate may not exceed 6.25% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IPA date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of IPA. AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN AGRICULTURAL LAND PRESERVATION EASEMENT AND THE ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF $179,342 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been presented to the City Council a request for approval of an Installment Purchase Agreement (the form and standard provisions of which have been previously approved by the City Council, a summary of the material terms of which is hereto attached, and a true copy of which is on file in the City Attorney's Office) for the acquisition of the Development Rights (as defined in the Installment Purchase Agreement) on certain property located in the City and more fully described in Exhibit B of the Installment Purchase Agreement for a purchase price of $179,342; and WHEREAS, the aforesaid Development Rights shall be acquired through the acquisition of a perpetual agricultural land preservation easement, as defined in, and in compliance with, the requirements of the Ordinance; and WHEREAS, the City Council has reviewed the proposed terms and conditions of the purchase as evidenced by the Installment Purchase Agreement; 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 46 47 48 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The City Council hereby determines and finds that the proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance, and the City Manager or his designee is hereby authorized to approve, upon or before the execution and delivery of the Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal balance of the purchase price set forth hereinabove as the greater of 4.25% per annum or the per annum rate which is equal to the yield on United States Treasury STRIPS purchased by the City to fund such unpaid principal balance; provided, however, that such rate of interest shall not exceed 6.25% unless the approval of the City Council by resolution duly adopted is first obtained. 2. The City Council hereby further determines that funding is available for the acquisition of the Development Rights pursuant to the Installment Purchase Agreement on the terms and conditions set forth therein. 3. The City Council hereby expressly approves the Installment Purchase Agreement and, subject to the determination of the City Attorney that there are no defects 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 in title to the property or other restrictions or encumbrances thereon which may, in the opinion of the City Attorney, adversely affect the City's interests, authorizes the City Manager or his designee to execute and deliver the Installment Purchase Agreement in substantially the same form and substance as approved hereby with such minor modifications, insertions, completions or omissions which do not materially alter the purchase price or manner of payment, as the City Manager or his designee shall approve. The City Council further directs the City Clerk to affix the seal of the City to, and attest same on, the Installment Purchase Agreement. The City Council expressly authorizes the incurrence of the indebtedness represented by the issuance and delivery of the Installment Purchase Agreement. 4. The City Council hereby elects to issue the indebtedness under the Charter of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes the indebtedness a contractual obligation bearing the full faith and credit of the City. 68 69 Adopted by the Council of the City of Virginia Beach, Virginia, on this 5th day of August , 2003. 7O 71 Adoption requires an affirmative vote of a majority of all members of the City Council. CA-8 922 arppurchase/bradley/bradleyord.wpd R-1 June 17, 2003 APPROVED AS TO CONTENT' AgricUltUre' Department APPROVED AS TO LEGAL SUFFICIENCY: ./ ! La~ VDepartme'nt' - APPROVED AS TO AVAILABILITY OF FUNDS' AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2003-59 SUMMARY OF MATERIAL TERMS SELLER: Samuel R. Bradley PROPERTY LOCATION: 5612 Blackwater Road PURCHASE PRICE: $179,342 EASEMENT AREA: 41.30 acres more or less DEVELOPMENT POTENTIAL: 7 s~ngle-famlly dwelling sites (5 acquired, 2 reserved for future development) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 4.25% (actual rate to be determined when STRIPS are purchased prior to execution of IPA). Rate may not exceed 6.25% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment ofpnncipal due 25 years from IPA date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of IPA. Item VI-J.2. - 28- ORDINANCES/RES OL UTIONS ITEM # 51464 Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, City Counctl,4DOPTED: Ordtnance to AUTHORIZE the City Manager to accept a Deed of Termination from the Untted States of America (US,4) to vacate and convey unto the Ctty the enttre Lynnhaven dredge spoil site easement together wtth all accrettons Votmg 9-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Ron A Vtllanueva and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Peter W Schmtdt and Rosemary Wtlson August 5, 2003 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT A DEED OF TERMINATION FROM THE UNITED STATES OF AMERICA TO VACATE THE LYNNHAVEN DREDGE SPOIL SITE EASEMENT WHEREAS, the Umted States of Amenca acquired an easement over 6 approximately 15 67910 acres of real property located off Shore Drive ~n the C~ty of V~rgima Beach V~rg~ma, for sod d~sposal ~n connection w~th the Umted States Army Corps of 8 Engineers' (the "Corps") Lynnhaven Inlet Maintenance Dredging Project (the" Dredge Spoil S~te") by deed recorded ~n Deed Book 2191, at page 1891; l0 WHEREAS, the C~ty of V~rg~n~a Beach (the "C~ty"), w~th the concurrence of the Corps, constructed the Lynnhaven Boat Ramp and Beach Facd~ty on the northern port~on of the Dredge Spod S~te; 13 WHEREAS, the C~ty agreed to provide the Corps w~th an alternabve sand 15 placement s~te of equal volume to offset the Corps' loss of a port~on of the Dredge Spoil S~te; 16 17 WHEREAS, on February 5, 2002, by Ordinance No. 2684G, the C~ty Councd authorized the C~ty Manager to execute a deed to convey an easement to the Un~ted 18 States of America Corps for the placement of beach quality sand onto Ocean Park Beach and to accept a deed of part~al term~nabon from the Un~ted States of America which 2 0 vacated and conveyed to the C~ty that porbon of the Dredge Spo~l S~te Easement where 2 ~. the boat ramp was constructed.; 22 WHEREAS, s~nce the adoption of the Ordinance, the Corps has determined that it no longer needs the Dredge Spo~l Site easement and has agreed to vacate and 24 convey to the C~ty the enbre Dredge Spo~l S~te easement together w~th all accrebons; and 25 WHEREAS, the C~ty and the Corps desire to formalize the conveyance of the 26 Dredge Spod Site easement through the execution of the appropnate legal instrument 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA: 29 That the C~ty Manager ~s authonzed to accept the Deed of Termination from 30 the Un~ted States for the vacabon and conveyance of the Lynnhaven Dredge Spo~l S~te 31 Easement together w~th all accrebons ~n substanbally the same form as attached hereto. 32 Th~s ordinance shall be effective from the date of ~ts adopbon 33 Adopted by the Council of the C~ty of V~rg~n~a Beach, V~rg~n~a, on the s~-h day of August ,2003. CA- 8933 PREPARED 06/30/03 R-1 Approved as to Content: ~ks Approved as to Legal Sufficiency: City Attorney Exempt from recording taxes Under Section 58 1- 811(A)(3) & 58 1 - 811(C)(4) TERMINATION DEED OF EASEMENT LYNNHAVEN INLET BAY AND CONNECTING WATERS VIRGINIA BEACH, VIRGINIA TRACT NUMBER 100E-4 THIS DEED, made and entered into this ~ day of ,2003m, by and between the UNITED STATES OF AMERICA, ("the GRANTOR"), acting by and through the Deputy Assistant Secretary of the Army (I&H) pursuant to a delegation of authority from the SECRETARY OF THE ARMY (the "Army"), under and pursuant to the Federal Property and Administrative Services Act of 1949 (63 Stat 377), as amended, and the delegation of authority to the Secretary of Defense from the Administrator of the General Services Administration (41 C F R 101-47 601) and the redelegation of authority from the Secretary of Defense to the Secretary of the Army (20 Federal Register 7113), party of the first part, and the City of V~rgima Beach, Virginia, ("the GRANTEE"), party of the second part: WITNESSETH That for and in consideration of the sum of One and 00/100 DOLLAR ($1.00), cash ~n hand paid, the receipt of which is hereby acknowledged, the Grantor does hereby REMISE, RELEASE and FOREVER QUITCLAIM unto the Grantee, its successors and assigns, all ~ts right, title and interest whatsoever in and to the following described property situated in Vlrgima Beach, V~rglnia. TRACT 100E-4 ALL THAT CERTAIN tract of land together with all accreuons, lying and situate in Virginia Beach, V~rg~ma, by perpetual easement to the United States of America and more pamcularly described as follows ALL THAT CERTAIN p~ece or parcel of land s~tuated in the Bays~de Borough of the City of V~rgima Beach, Virginia, designated Lynnhaven Spoil S~te," Parcel "A", as shown on "PLAT Showing Property to be Acquired by the City of Virg~ma Beach from Adin K. Woodward, George E Langley, F Wayne McLeskey, Robert A Lawson, Jr, Nancy B. Lawson, John J Dtgges and Mary B. Dlgges, Bayside Borough, V~rglma, Virginia," dated July 21, 1981, made by the Bureau of Surveys and Mapping, Engineering Division, Department of Public Works, C~ty of Virginia Beach, V~rgima, attached hereto and tncorporated here~n and recorded ~n Map Book 153, Page 41 in the Clerk's Office of the C~rcult Court of Virginia Beach, to which reference is made for a more particular description Being the same lands conveyed to the United States of America by easement deed dated February 9, 1982, and recorded in the Clerk's Office of the Circuit Court of V~rginla Beach, Virginia, in Deed Book 2191, page 1891 Prepared by' United States Army Corps of Engineers GPIN 1489-58-9234 TO HAVE AND TO HOLD the said premises, unto the said Grantee, its successors and assigns, forever, subject to the covenants and conditions herein set forth. This conveyance is not subject to the requirements of Title 10, United States Code, Section 2662 IN WITNESS WHEREOF, the GRANTOR has caused this Deed to be executed by its duly authorized officer as of the __ day of 2003. WITNESS: UNITED STATES OF AMERICA BY: Dillard H Horton T~tle. Chief, Real Estate Branch Norfolk D~stnct, US Army Corps of Engineers COMMONWEALTH OF VIRGINIA City of Norfolk I, the undersigned, a Notary Pubhc ~n and for the Commonwealth of Virginia, C~ty of Norfolk, whose commission as such expires on the ~ day of ,200__, do hereby certify that on th~s day personally appeared before me ~n the Commonwealth of V~rg~n~a, C~ty of Norfolk, Dillard H. Horton, Chief Real Estate Branch, Norfolk Distnct, whose name ~s s~gned to the foregoing ~nstrument and acknowledged the foregoing instrument to be h~s free act and deed, dated the ~ day of ,2003, and acknowledged the same for and on behalf of the UNITED STATES OF AMERICA GIVEN UNDER MY HAND AND SEAL th~s ~day of ,2003 Notary Pubhc ! ' t Item V-J. 3. ORDINANCES/RES OL UTIONS - 29- ITEM # 51465 Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Councd ADOPTED: Or&nance to d UTHORIZE the Ctty Manager to execute and dehver the Joint Powers Association Agreement re purchastng electricity and becommg a member of the Vtrgtnta Energy Purchastng Governmental Assoctatton (VEPGA) Vottng 9-0 (By ConsenO Councd Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, RtchardA Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Ron A Vtllanueva and James L Wood Councd Members Vottng Nay None Councd Members Absent Peter W Schmtdt and Rosemary Wdson August 5, 2003 AN ORDINANCE APPROVING A JOINT POWERS ASSOCIATION AGREEMENT FOR THE PURCHASE OF ELECTRICITY WHEREAS, the VML/VACo Virginia Power Steering Committee 5 (the "Committee",) which was comprised of representatives of the 6 City of Virginia Beach and other local governments and political 7 subdivisions of the Commonwealth, had for several decades 8 negotiated on behalf of such governmental units a standard form 9 contract for their purchase of electricity supply and delivery 10 service from Virginia Electric and Power Company ("Virginia Power") 11 as a sole source provider; and 12 WHEREAS, political subdivisions of the Commonwealth of 13 Virginia are authorized under Virginia law to exercise powers 14 jointly that they otherwise are authorized to exercise 15 independently, and the terms and conditions of such authorization 16 are set forth in Section 15.2-1300, et seq. of the Virginia Code 17 (the "Joint Powers Act"); and 18 WHEREAS, the Virginia Electric Utility Restructuring Act (the 19 "Restructuring Act") further authorizes municipalities and other 20 political subdivisions in the Commonwealth to aggregate their 21 electricity requirements for the purpose of their joint purchase of 22 such requirements from licensed suppliers, and the Restructuring 23 Act provides that such aggregation shall not require licensure as 24 an aggregator; and 25 WHEREAS, upon an advance determination by the City Council set 26 forth in writing that competitive sealed bidding and competitive 27 negotiation are not fiscally advantageous to the public, the 28 Virginia Public Procurement Act exempts from competitive sealed 29 bidding and competitive negotiation requirements the joint 30 procurement by public bodies, utilizing competitive principles, of 31 electric utility services purchase through member associations; and 32 WHEREAS, the Committee recommends that the aggregation and 33 procurement of electric supply, electric delivery, and other 34 energy-related services ("Energy Services") be effectuated as 35 provided in the Joint Powers Association Agreement (the "Joint 36 Powers Agreement,"), a copy of which has been provided to each 37 member of the City Council and placed on file in the City Clerk's 38 Office, and a summary of the material terms of which is attached to 39 this Ordinance, in accordance with applicable provisions of the 40 Procurement Act, such as the utilization of competitive principles 41 pursuant to an exemption from the Requirements; and 42 WHEREAS, the Joint Powers Agreement contemplates that other 43 services provided by the Committee to its members be effectuated, 44 such services consisting of (i) assistance in implementing standard 45 form contracts for the purchase of services from incumbent 46 electricity utilities (ii) education of members regarding 47 electricity procurement issues, (iii) monitoring of legal and 48 regulatory developments affecting the provision of electricity 49 service to local governments, and (iv) hiring of consultants and 50 legal counsel to assist in its provisions of the foregoing services 51 ("Steering Committee Services"); and 52 WHEREAS, it appearing to the City Council that the joint 53 procurement of the Energy Services pursuant to the Joint Powers 54 Agreement is otherwise in the best interests of the City of 55 Virginia Beach; 56 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 57 VIRGINIA BEACH, VIRGINIA: 58 59 60 61 (1) That the City Council hereby finds that competitive sealed bidding and competitive negotiation for the procurement of Energy Services are not fiscally advantageous to the public because the procurement process for Energy Services must be flexible enough 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 to respond to quickly changing market conditions in which energy prices can fluctuate considerably on a daily or even hourly basis; (2) That the Joint Powers Agreement and the performance of the terms and conditions thereof on behalf of the City of Virginia Beach are hereby authorized and approved; and (3) That the City Manager is hereby authorized and directed to execute and deliver the Joint Powers Agreement on behalf of the City of Virginia Beach in substantially the form presented to the City Council at this meeting. BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the payment obligations of the City pursuant to the provisions hereof and the Joint Powers Agreement shall be subject to annual appropriation of requisite funds therefor by the City Council. 77 78 Adopted by the Council of the City of Virginia Beach, Virginia on the 5th day of August , 2003. CA-8377 wmm/ordres/JPA ordin.wpd R-2 - July 3, 2003 APPROVED AS TO CONTENT: Publi~ W~rks Department APPROVED AS TO LEGAL SUFFICI, ENC.Y: Cit9 -A~torney" s OYffce VIRGINIA ENERGY PURCHASING GOVERNMENTAL ASSOCIATION JOINT POWERS AGREEMENT SUMMARY OF MATERIAL TERMS Organization: Virginia Energy Purchasing Govemmental Association (VEPGA) (formerly VML/VACo V~rginia Power Steering Committee) Purpose: Joint Powers Association Agreement for V~rginia localities to aggregate purchase of electricity in a competitive market and thereby reahze benefits of volume purchases Functions: VEPGA develops bid package for purchase of electricity VEPGA Board reviews bids and awards contracts on behalf of the VEPGA members Member agencies are bound by the decisions of the VEPGA Board Member agencies pay invoices for electricity Virginia Power continues as default supplier of electricity ~fcontractor cannot fulfill its obligations Member agencies are not liable for payment of any charges incurred by other member agencies Member agencies may withdraw on July 1 of any year after providing written notification to the Board by March 1 Benefits: Quantity purchase should reduce price to all members Regulatory and legislation monitonng and reporting to members Ongoing analysis of fuel costs (fuel adjustment clause allows costs to be passed on to customer) Momtonng and reporting developments ~n other states regarding competitive purchase of electricity Ongoing assistance w~th member localities w~th contract interpretation and service issues Cost: FY2003-04 assessment of $11,576; future assessments anticipated to be a s~milar amount Virginia Energy Purchasing Governmental Association Frequently Asked Questions About VEPGA (1 to 4) Joining VEPGA (5 to 7) Fees for Participating m VEPGA (8 to 9) Conduct of VEPGA Business (10 to 14) Procurement by VEPGA (15 to 20) Evaluation of Jmnt Procurement for Competitive Electnmty Purchases (21 to 24) Quality of Service Offered by Competmve Electricity Supphers (25 and 26) Virginia Power's Role (27 and 28) Enrollment Materials (29) Add~tmnal Questions (30) P O Box 12164 R~chmond, VA 23241 (804) 643-0274 Fax - (804) 643-0351 About VEPGA 1 What is VEPGA9 VEPGA is the Vlrglma Energy Purchasing Governmental Association VEPGA 1s forming March l, 2002 utlhzlng a Joint Powers Assocmtmn Agreement ("JPA Agreement") as provided by V~rglma statute VEPGA will, on behalf of its members, negotiate for power generation VEPGA will also take over the functions h~stoncally provided by the VML/VACo Virginia Power Steenng Committee, which will include oversight of the current agreement with Dominion Virginia Power, future negotiations w~th Domlmon Vlrg~ma Power for dlstrlbutlon rates and terms and condlt~ons of serwce, momtonng of legislative and regulatory developments and other energy related functions as outlined in VEPGA's Bylaws 2 Who are VEPGA Members? Members are the governmental ent~t~es that approve the JPA Agreement by ordinance or resolution Their authorized representatives will s~gn the JPA Agreement on their behalf 3 Who makes decls~ons on behalf of VEPGA? VEPGA ~s govemed by its Board, which ~s assisted by the advice of consultants and legal counsel and the officers of VEPGA, who are Paul Proto from Henrlco County, Steve S~nclmr from Fmrfax County, and Steve Craig from the V~rglnla Municipal League The Board, with the advice and consultation of its consultants and legal counsel, ~s responsible for procunng b~ds for electric generation supply, evaluating such b~ds, and approwng the award of the contract(s) based on such bids 4 Why should our entltyjo~n VEPGA9 First, should deregulation result ~n the oppormmty for savings, large volume consumers are hkely to realize the greatest benefit Simply put, there is strength m numbers The combined annual usage of pubhc entlt~es ~n the Dominion Vlrglma Power territory exceeds 3 7 bflhon kalowatt-hours Page 2 of 5 Second, as electric deregulation evolves, local governments will be obligated to competitively procure electric generation This type of procurement requires specialized expertise that few local governments have in-house Should your locality not have this expertise in-house, you will have to contract with a vendor to provide such expertise If you consider that cost compared with your VEPGA assessment, you will likely find it is much more economical to participate in VEPGA Joining VEPGA 5 Must a local government approve the JPA Agreement by ordinance/resolution? Yes Since the JPA Agreement is being undertaken pursuant to the Joint Powers Act, the JPA Agreement must be approved by ordinance by counties, cities and towns and by resolution by other poht~cal subdivisions Must a local government find that competitive sealed bidding and competitive negotiation are not fiscally advantageous to the pubhc9 Yes, in order to take advantage of the exemption from competitive sealed bidding/competitive negotiation afforded by Section 2 2-4345 A 13 of the Public Procurement Act This finding is included in the sample JPA resolution/ordinance included with the JPA materials 7 Can staff of a locality sign the JPA Agreement without the approval of its board9 No The JPA Agreement must be approved by an ordinance adopted by counties, cities and towns and by a resolution adopted by other political subdivisions Fees for Participating in VEPGA 8 What are the fees for participating ~n VEPGA9 The assessment represents your entlty's pro-rata share of the total assessment based on your pro-rata kdowatt-hour usage compared to total usage subject to a $25 minimum 9 How is the total assessment determined? A work plan and budget based on the expected activity of the Association for the 12- month period beginning July 1st is developed annually The budget for 2003-04 is $188,500 By way of comparison, local governments in the Dominion Virginia Power territory spend in excess of $230 million annually for electric power Conduct of VEPGA Business 10 How were the initial VEPGA Board members selected9 Imtlal board members were selected from among local govemments that actively participate m the VML/VACo Vlrglma Power Steering Committee process School districts represent approximately one-third of the total usage of local governments served by Vlrglma Power, and approximately one-third of the initial board members serve as representatives of school districts The board members will serve staggered terms as shown on Schedule A of the JPA Agreement As their terms expire, the Members will re- elect these board members or choose new Board members to serve three-year terms Page 3 of 5 11 Why is the maximum size of the VEPGA Board hmlted to fifteen? The mammum s~ze of the VEPGA Board is llnnted to fifteen solely for ease of adm~mstratlon A larger board (such as one composed of representatives from all VEPGA members) would require a larger quorum and make it more difficult for the board to conduct business Although formal votes by the VEPGA Board will be hmlted to VEPGA Board members present at a meeting in whmh a quorum is present, representatives of all VEPGA members are encouraged to attend board meetings and partmipate ~n the discussion of Issues being considered by the VEPGA Board 12 What costs are VEPGA members responsible for9 VEPGA members are responsible for an annual assessment based upon annual energy consumption and for fees associated with any optional VEPGA activities that VEPGA members may choose to partm~pate in VEPGA members are also responsible for payments due under any contract w~th a competitive servme provider to service that member's accounts 13 Can VEPGA expand Its authority on its own9 The JPA Agreement and the JPA bylaws establish the authority of VEPGA Any revision of the JPA Agreement would require the agreement of all Members A two- thirds vote of the entire Board or a two-th~rds vote of all the Members may amend the JPA Bylaws 14 What ~s the planned scope of duties and responsibilities of VEPGA members? Once VEPGA members have executed the JPA Agreement, their ongoing obhgatlons will be the payment of annual assessments and the elect~on of the Board at annual meetings Procurement by VEPGA 15 Will joint procurement be undertaken pursuant to competitive sealed blddlng/competlt~ve negotmtlon requirements of Pubhc Procurement Act? It is expected that the joint procurement process will be exempt from the competitive sealed b~ddlng/competitive negotiation reqmrements of the Pubhc Procurement Act pursuant to the exemption afforded by Section 2 2-4345 A 13 of the Procurement Act The JPA Agreement estabhshes a membership association to conduct the joint procurement pursuant to such exemption 16 Will competitive principles be employed ~n the procurement? Yes Competitive pnnclples are required to be utilized pursuant to the exemption afforded by Section 2 2-4345 A 13 of the Procurement Act, and the procurement process to be authorized by the VEPGA Board will be based on competitive principles 17 On what basis will the winning suppher(s) be selected9 Suppliers will be selected based on their quahficatlons and the price savings they offer, as described in more detail in Section 2 of the JPA bylaws Page 4 of 5 18 Is VEPGA authorazed to execute contracts on behalf of its Members9 Yes The JPA Agreement and the Bylaws permit the Chair or Vace Chair of VEPGA to execute on behalf of a VEPGA member one or more contracts for electricity generataon services 19 Who will be obhgated to pay andlvldual bills correspondang to each account9 The same entaty that pays the bills now will be obhgated to pay the bill in the future There will be no obligation on behalf of one VEPGA member to pay the electric balls of another VEPGA member 20 Is the payment oblagatlon subject to annual approprlataon9 Yes Evaluation of Joint Procurement for Competitive Electricity Purchases 21 Can a local govemment achieve similar results by purchasing electricity competitively on its own rather than jolnang VEPGA9 It 1s possable, but unlakely, that a local government could achieve slmalar savings by purchasing electricity competitively on ars own Smaller unaggregated accounts are hkely to get higher prace bids due to increased transactaon costs for compet~tave supplaers and due to the suppliers' lnabllaty to take advantage of potentially better load profiles offered by a larger aggregation of accounts In addition, using joant procurement permits consultant's fees and legal fees to be spread out over a larger group Having expertise an evaluatang bids may be partacularly helpful due to the currently volatile and evolvang nature of the market for competatlve electricity supply 22 Are savings guaranteed to VEPGA members9 No Savings depend upon whether competitive electrlcaty supplaers can beat the shopping credat, whmh is based on the Varganaa State Corporation Commlssaon's estimate of what future market prices wall be The shopping credat is the amount not paid to Varglma Power when the supply as purchased from a competitive supplier Pamcapatlng an VEPGA should make at more leasable for local governments to realize any available savangs that the competitive electncaty market can offer However, af actual market prices are higher than the shopping credit, then competatave electricaty supplaers wall not be able to offer savings 23 Is partlcapatlon an VEPGA required9 No Local governments do not have to participate in VEPGA to procure electricity competltavely 24 What as the amount of savings, if any, envisioned by partacapatlng in VEPGA9 The amount of potential savings between now and 2007 is not known In the local government pilot program, savings ranged from 3% to 33% wath average savings exceeding 5% of the amount that would otherwise be paid to Varglnaa Power In 2007, capped rates wall be elamlnated and rates will be establashed through competatave procurement It is reasonable to assume that the purchasang power of a large group of users will yaeld better rates than a sangle user Page 5 of 5 Quality of Service Offered by Competitive Electricity Suppliers 25 Will the winning suppher(s) be required to guarantee power quality and rehabd~ty equal to or greater than existing guarantees from Virginia Power? Yes 26 What is the risk with regard to reliability and quality of power being supplied by a non-Virginia Power suppher9 The electricity will still be delivered through Virginia Power's transmission and distribution lines as well as its other distribution famhtles, including the existing customer meter Nothing will change with respect to the rehabdlty of such transmission and distribution service, so there should not be any greater risk as to reliability and quahty as a result of purchasing from a non-Virginia Power generation supplier Virginia Power's Role 27 Does the elecmclty supply service agreement with Virginia Power, which is effective as of July 1, 2000, address retail access? Yes In the agreement that was negotiated by the VML/VACo Virginia Power Steering Committee and finalized in July of 2001, to be effective as of July 1, 2000, Virginia Power has agreed to permit retail access on terms that are similar to the tertns offered to its jurisdictional customers Local governments have the right to remain on capped rate service through June 30, 2007, or (subJect to a phase-in period over 2002), local governments may purchase electricity supply from competitive suppliers' providers between 2002 and 2007 All accounts may freely go back and forth between capped rate service and retail access service, except for larger accounts with an annual peak demand of 500 kW or greater If these larger accounts purchase from competmve supphers and then decide to return to capped rate service, they will have to stay on Virginia Power's capped rate service for a minimum of one year before they can purchase from competitive suppliers again 28 Will there be any risk that Virginia Power will not service an account that has been dropped by a competitive service provlder9 Virginia Power will be obligated to supply a returning customer upon the same terms as if the returning customer had not taken supply from a competitive service provider The risk of entenng into a supply contract with a non-Virginia Power supplier is not the risk of whether "the lights will stay on," but, rather, whether the supplier will walk away from the contractual obligation to provide the electricity at the agreed upon price The joint procurement documentation will include requirements related to the obligation of the proposer to honor its commitment as to price Additional Questions 29 Where can I get VEPGA enrollment matenals'~ Ms Sarah Laumer Virginia Municipal League 15 E Franklin Street (23219) P O Box 12164 (23241) Richmond, Virginia Phone 804 643 0274 Fax 804 643-0351 Emad slaumer~,vml org 30 Who can answer addltmnal questions about VEPGA9 Mr P Steven Craig Virginia Municipal League 15 E Franklin Street (23219) P O Box 12164 (23241) Richmond, Virginia Phone 804 643 0274 Fax 804 643-0351 Emad scraig(c__)vml org - 30- Item VI-J. 4. ORDINANCES/RES OL UTIONS ITEM # 51466 Upon motton by Counctlman Reeve, seconded by Counctl Lady Wtlson, Ctty Counctl ADOPTED: Ordtnance to AUTHORIZE the Ctty Manager to execute a Consent to the Asstgnment of lngenco's rights and obhgattons to MERCANTILE under The Amended Landfill Gas Sale Agreement re gas recovery system at Landfill IL Vottng 9-0 (By ConsenO Counctl Members l/ottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Ron A Vtllanueva and James L Wood Council Members Vottng Nay None Counctl Members Absent Peter W Schmtdt and Rosemary Wtlson August 5, 2003 ORDINANCE NO. AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO EXECUTE A CONSENT TO THE ASSIGNMENT OF INGENCO'S RIGHTS AND OBLIGATIONS UNDER THE AMENDED LANDFILL GAS SALE AGREEMENT BETWEEN THE CITY, VB LFG L.L.C., AND INGENCO 10 11 12 13 14 15 16 17 18 19 20 21 22 23 WHEREAS, Industrial Power Generating Corporation ("INGENCO") has operated the landfill gas recovery system under the Amended Landfill Gas Sale Agreement (the "LFG Agreement") at the landfill owned and operated by the City at 1989 Jake Sears Road, Virginia Beach, Virginia ("Landfill II") since January 23, 2001; WHEREAS, INGENCO currently finances Its operations through a loan with Wachovia Bank, N.A.; WHEREAS, INGENCO desires to obtain a lower interest rate by refinancing its existing loan with Wachovla, and Mercantile-Safe Deposit and Trust Company, a Maryland banking association ("Mercantile"), will agree to make a loan or loans (collectively, the "Loan") to INGENCO to effect the refinancing; WHEREAS, as a condition of making the Loan, INGENCO has agreed to assign to Mercantile all ofINGENCO's right, title and interest in the LFG Agreement; WHEREAS, pursuant to Section 13.1.(a) of the LFG Agreement, INGENCO is required to obtain the City's consent to any assignment of rights; and WHEREAS, the City staff has determined that consent to the assignment of INGENCO's rights and obhgatlons under the terms and conditions set forth in the attached Summary of Terms is appropriate and not detrimental to the Interests of the City in that, tnter alta, the services 24 25 26 27 28 29 30 31 to be performed by INGENCO or any approved assignee will assist in meeting the requirement of the Virginia Department of Environmental Quahty for a gas management plan at Landfill II. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the consent to the assignment of INGENCO's rights and obligations under the LFG Agreement by INGENCO to Mercantile ~s hereby approved, and the City Manager or his designee is hereby authorized to execute such consent in accordance w~th the Summary of Terms attached hereto. 32 33 34 35 36 37 38 August, 2003. ADOPTED by the Council of the C~ty of V~rginia Beach, Virginia, on the 5th day of CA-8937 07/17/2003 R-2 F \Users\VValldej\WpkBza\~ngencoass~gn2 ord wpd OWNER: ASSIGNOR: ASSIGNEE: TERM: SUMMARY OF TERMS ASSIGNMENT OF INGENCO'S RIGHTS UNDER THE LANDFILL GAS SALES AGREEMENT AT LANDFILL II City of Virginia Beach INGENCO, a Virginia corporation. Mercantile-Safe Deposit and Trust Company, a Maryland bankang association December 31, 1996 - December 31, 2011 CONDITIONS OF CONSENT TO ASSIGNMENT: In the event of INGENCO' s default under the Loan with Mercantile and upon receipt of written notice by Mercantile of such default, the City will continue performance of the LFG Agreement, provided that (i) any subsequent assignment by Mercantile is approved in writing by the City; (ii) Mercantile or any approved assignee shall assume in writing all of INGENCO's obligations, covenants, and agreement under the LFG Agreement; and (iii) the City shall be reimbursed for any costs incurred by its performance in accordance with the terms of the LFG Agreement. City agrees to notify Mercantile in the event of INGENCO' s default under the LFG Agreement and to allow Mercantile or an approved assignee to cure the default in within 60 days or any agreed upon time period if the default is other than the payment of money which cannot with due diligence be cured within the 60 day time period. RIGHTS AND RESPONSIBILITIES OF INGENCO UNDER THE LFG AGREEMENT: Operation, maintenance and repair of the LFG processing facility. Improvement of the existing 12,000 square foot building and installation of noise abatement equipment such as mufflers, insulation, noise barrier walls and landscaping. Production of electricity for wheeling to customers throughout the United States INGENCO will be liable directly to and will indemnify the City for any and all llabihtles and environmental conditions and/or liabilities created at Landfill II by INGENCO and/or resulting from the LFG processing facility. Additionally, INGENCO will secure and maintain all insurance policies and coverages required under the LFG Agreement. RIGHTS AND RESPONSIBILITIES VIRGINIA BEACH: The Department of Public Works Waste Management Division will monitor the operation of the LFG processing facility and all operations at Landfill I1 to ensure compliance with the LFG Agreement and compliance with the requirements of the Virginia Department of Environmental Quality. F \UsersWValldel\Wl~BZAhngencoass~gn2 sum wpd -31 - Item VI-J. 5. ORDINANCES/RES OL UTIONS ITEM # 51467 Upon motton by Vtce Mayor clones, seconded by Councilman Reeve, Ctty Counctl ADOPTED: Ordtnance to ACCEPT and APPROPRIATE a $506,599 grant from the U S, Transportatton Securtty Admmtstratton re replacement of some current marine patrol boats, related equipment and addtttonal trammg of the marine patrol unit for the Pohce Department Vottng 9-0 (By ConsenO Council Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rwhard A Maddox, Mayor Meyera E Oberndorf Jim Reeve, Ron A Vtllanueva and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Peter W Schmtdt and Rosemary Wtlson August 5, 2003 AN ORDINANCE TO ACCEPT AND APPROPRIATE $506,599 FROM THE U. S. TRANSPORTATION SECURITY ADMINISTRATION TO THE POLICE DEPARTMENT'S FY 2003-04 OPERATING BUDGET TO PURCHASE REPLACEMENT EQUIPMENT AND PROVIDE TRAINING FOR THE MARINE PATROL UNIT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 That $506,599 in grant funds is hereby accepted from 11 the U. S. Transportation Security Administration and 12 appropriated to the Police Department's FY 2003-04 Operating 13 Budget to purchase equipment replacements and training for 14 the Marine Patrol Unit, with federal revenue increased 15 accordingly. 16 Adopted by the Council of the City of Virginia Beach, 17 Virginia on the ~ day of ~qlL~_~, 2003. 18 19 CA8964 20 Data/aty/ordin/noncode/Marine Patrol ORD 21 R-2 22 July 23, 2003 23 Approved as to Content Department of Management Services Approved as to Legal Sufficiency Department~ o~E[~ / v Statement of Work Transportation Security Administration Grant # DTSA20-03-G-01057 Virginia Beach Police Port Security Initiative The TSA Port Security Grant awarded the City of Virginia Beach $506,599.00 to increase the Police Departmem's Marine Unit operational preparedness level. This in turn would increase the overall security level of the Port of Hampton Roads. The Grant requires the VA Beach Police Department to use $400,599 of the grant funds to purchase 3 vessels, which would upgrade currem VA Beach Police vessel capabilities. The Grant also allocates and additional $106,000 for the purchase of Marine Equipment. The Departmem will seek to buy 3 additional vessels that will increase the response capabilities of the marine unit. Two 27-29 foot vessels and one 30 foot plus vessel will be sought that are law enforcement proven and capable of responding to incidems in all types of weather in a safe and rapid manner. The Marine and Dive unit will use the $106,000 to purchase equipmem that will increase the respective units ability and capability in performing operations. Dive equipment will be upgraded from recreational dive equipment to professional/commercial grade equipment. Equipment upgrades include such items as dry suites, full-face communication masks, dive lights. The cost to upgrade a singe diver will be about $5,000 with 8 divers being upgraded for a total of $40,000. Other dive equipment to be purchased includes high-powered searchlights, two digital underwater cameras, 2 underwater metal detectors; several lif~ bags (capable of lit~ing 8,0001bs), and tank racks for marine vessels. These items have a combined cost of $15,000 to $20,000. The Marine unit will purchase one portable side scan sonar unit at a cost of $20,000. Two night vision binoculars and 3 EPIRBs will also be purchased for the marine unit at a cost of $10,000. Each marine unit officers will also have equipment upgrades, to include foul weather gear, auto inflating life jackets, stainless steel shotguns, safety helmets, and web gear for their duty weapons. Upgrades will cost about $1,600 an officer, at 10 officers this will cost about $16,000. Any additional funds that remain will be used to purchase equipment that the marine or dive unit could use to increase their perspective units operational preparedness level and capability. July 14, 2003 Re Transportabon Security Administration Grant No. DTSA20-03-G-01057 Dear Mr. Spiess The Review Boards have completed their evaluabon of applicabons submitted under the Transportation Security Administration's (TSA) Broad Agency Announcement for Round 2 of the Port Security Grants (PSG) Program. As a result, you have been selected for award under this announcement. Your total awarded amount for the twelve-month project period is $506,599.00. You are herein authorized by the TSA Grants Officer to commence work on the project(s) for which you have been selected. Expenditure of funds may not exceed 30% of the funded amount prior to negotiation and definitization of changes to terms and conditions under your original application. Negotiations are scheduled to be completed within ninety (90) days after the award effective date. Your award can be located at the PSG Round 2 website at (h_ttps/t_www__.port_s_ecur~tyg~:ant~_do_ttsa.net/). The assistance award with the terms and cond~bons and other requwed forms are available on the PSG website where all requested ~nformation must be provided electronically. Although funding is being provided with the initial award, negotiations to finalize the statement of work, budget, and other terms and conditions will be conducted after award. You are required to complete this information as soon as possible in order that we can finish the final negotiation process within the allotted time frame. The web maintenance team will send you an e-mail informing you on how to access these documents. The TSA assumes acceptance ~f no response is received within two days of this award notice. You must confirm acceptance of each project awarded to you under the subject grant by chcking on the "Accept" button under Award Letter Link on the Award Information Page. You are further required to provide the primary point-of-contact (POC) authorized to negotiate the final SOW, budget, and other terms and conditions with the TSA. Please provide the name, title, phone and fax numbers, and e-mad address of this POC In the interest of time, please provide or update the ~nformation contained ~n your original applicabon by completing and submitting the following documentation using the corresponding links on the PSG Round 2 website within 30 days: 1 a m~lestone schedule, 2 SF 424, "Application for Federal Assistance"; 3. the applicable budget pages (SF 424A, "Budget Informabon - Non- construction Programs," and/or SF 424C, "Budget Informabon - Construcbon Programs"), 4 the apphcable assurances not yet completed (SF LLL, "D~sclosure of Lobbying Actw~bes)" 5 ~nformabon pertaining to your purchasing system in accordance w~th the applicable OMB c~rcular; 6 a rewsed or updated statement of work reflecbng the TSA total award amount; https//mail.vbgov com/servlet/webacc/nyrkQdipmg~i/GWAP/HREF/?action=Attachment . 7/14/2003 llttlJb //111¢111 vt~U¥ ~UlII - lllt~;llt tU I 11110 la~;tt~31 l'dg{~ /~ 01- Z 7 the date of your last audit and the organ~zabon that performed the audit 0ncluding audit organ~zabon's POC and phone number), and 8. SF 3881, "ACH Vendor/Miscellaneous Payment Enrollment Form," ~f not already completed and faxed to the TSA Payment Center. AddWonally, please forward to me wa email the name, emafl address, and telephone and fax numbers of the project contact, ~f someone other than yourself, for each project. Please refer to your grant number ~n the subject I~ne and each project number and btle w~th~n the text of your message Congratulabons! TSA looks forward to working w~th you on the PSG Program If you have any questions, please submit them on the PSG website or contact the Grants Officer assigned to your award S~ncerely, Award Dawd L. Batcheller Grants Officer dawd.batcheller@dhs.gov https//mail vbgov com/servlet/webacc/nyrkQd~pmgAi/GWAP/HREF/?act~on=Attachment 7/14/2003 - 32 - Item VI-J. 6. ORDINANCES/RES OL UTIONS ITEM # 51468 Upon motton by Vice Mayor Jones, seconded by Councilman Reeve, City Counctl ADOPTED: Ordtnance to ACCEPT and APPROPRIATE a $243,05 7 grant from the U S Department of Justtce re equtpment to address tactical rescue and hazardous materials events for the Ftre Department Vottng 9-0 (By Consent) Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, dtm Reeve, Ron A Vdlanueva and James L Wood Counctl Members Voting Nay None Counctl Members Absent Peter W Schmtdt and Rosemary Wtlson August 5, 2003 AN ORDINANCE TO ACCEPT AND APPROPRIATE $243,057 FROM THE U. S. DEPARTMENT OF JUSTICE TO THE FIRE DEPARTMENT'S FY 2003-04 OPERATING BUDGET TO PURCHASE TACTICAL AND HAZARDOUS RESPONSE EQUIPMENT FOR THE VIRGINIA BEACH AND CHESAPEAKE FIRE DEPARTMENTS WHEREAS, the U. S. Department of Justice has awarded the 9 City of Virginia Beach a $243,057 grant to purchase tactical and 10 hazardous response equipment, and the terms of the grant provide 11 that $124,220 of the grant-funded equipment is intended for the 12 City of Chesapeake. 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 1. That $243,057 in grant funds is hereby accepted from 16 the U.S. Department of Justice and appropriated to the Fire 17 Department's FY 2003-04 Operating Budget to purchase tactical and 18 hazardous response equipment for the Virginia Beach and 19 Chesapeake Fire Departments, with federal revenue increased 20 accordingly. 21 2. The Fire Department is hereby authorized to provide the 22 City of Chesapeake with equipment purchased using $124,220 of 23 these grant funds, which were awarded by the Department of 24 Justice on behalf of the City of Chesapeake. 25 Adopted by the Council of the City of Virginia Beach, 26 Virginia on the 5th day ofAugust , 2003. 27 CA-8962 28 Data/aty/ordin/noncode/DOJ Fire Equipment Grant. ORD 29 R-6 30 July 25, 2003 31 Approved as to Content Department of M Services Approved as to Legal Sufficiency Department of Justice Cooperative Grant with the City of Chesapeake The cooperative grant was chosen to facilitate building each jurisdiction's capabilities in both hazardous materials and technical rescue, while enhancing regional response assets and capabilities. Both cities are members of the Regional Hazardous Materials Response Team as well as the Tidewater Regional Technical Rescue Team. The guidelines of this particular grant program restricted each jurisdiction to one application in each of two categories-regional and individual grants. By applying for the regional grant with Chesapeake, we were able to purchase needed equipment to support local/regional response teams and left the individual grant for the VB Police department to purchase equipment for individual department/city use. Va. Beach will manage all funds. No money will be turned over to Chesapeake. All purchases will be made by Va. Beach in accordance with local and state procurement rules and regulations. This will allow for total control and assurance that all purchases will be made within grant guidelines and regulations and insure records will be available for the required three years for audit purposes. A letter has been drafted for to Chief Best with Chesapeake Fire Department detailing the procurement process that will be followed and responsibilities required of them in areas such as record keeping, disposition of equipment and long-term maintenance. Va. Beach will not assume ANY liability for long-term maintenance costs of any equipment purchased for Chesapeake. · This grant is for purchase of equipment only. No personnel, construction or motorized vehicles are allowed within the grant guidelines. VA. Beach will be purchasing an assortment of heavy rescue equipment such as a Hurst Tool ("Jaws of Life") and all attachments, air bags for litting, and rope rescue devices. Also designated for purchase are fully encapsulating suits, respiratory protective equipment, and mass decontamination equipment and monitoring/detection devices for the Hazardous Materials Team to support Weapons of Mass Destruction (WMD) preparedness. Total: $118,837. Chesapeake equipment designated in this grant include a wide assortment of heavy/technical rescue tools such as saws, drills, hydraulic tools, cutting torches, and rope rescue devices. Also included in their portion is a confined space search camera package as well as a trailer to transport this new equipment. Total: $124,220. · The performance period is from the formal acceptance date by City Council- August 5, 2003 to July 31, 2004. COMMONWEALTH of VIRQINIA MICHAEL M CLINE State Coordinator JANET L CLEMENTS Deputy Coordinator L RALPH JONES, JR Deputy Coordinator Mr James K Spore C~ty Manager C~ty of V;rg~ma Beach Mumc~pal Center Budding, #1 V~rg~n~a Beach, V~rg~ma 23456 Department of Emergency Management July 8, 2003 i 10501 Trade Court R~chmond, V~rg~ma 23236-3713 (804) 897-6500 (TDD) 674-2417 FAX (804) 897-6506 JUL - 9 2003 Dear Mr Spore We are pleased to ~nform you that your apphcat~ons for both the Individual and Cooperative projects under the Off~ce of Domestic Preparedness (ODP) Eqmpment Program Compebt,ve Sub-Grant process have been approved for funding Your apphcabons were selected from among 80 apphcat~ons received by the V~rg~ma Department of Emergency Management (VDEM) The amounts funded for the Ind~wdual and Cooperabve projects submitted were $100,000 and $243,056 26, respecbvely Please see the attachment for further ~nformat~on on the breakdown of the funds by grant year To receive your funds you wdl need to complete the attached forms These forms ~nclude a Certification that the funds wdl be expended ~n substantial conformance w~th your apphcabons and ~n conformance w~th the ODP restncbons on these funds. Th~s certification must be completed and sent to VDEM before we can transfer the funds to you The apphcable restrictions (attached) on the funding are dependent upon which year's funds are being used for which specific purchase Also ~ncluded ~s an Equipment Budget Detad Worksheet Th~s worksheet may be useful for you to keep track of your purchases of ehg~ble eqmpment The eqmpment must be purchased before the close of the grant period--July 31, 2004 You must also prowde ewdence to VDEM by the close-out date ~n the form of receipts or ~nvo~ces that only eligible eqmpment was purchased w~th these funds In addition, you must document the benefits of the eqmpment purchased using the performance measures ~dent~fled ~n your applications The evaluation using these performance measures must a~so De received by VDEM by July 31,2004 Congratulations on your grant awards We look forward to working w~th you as we ~mprove V~rgm~a's capabd~t~es to respond to terrorist incidents If you have any questions, please call Juhan Gdman at 804-897-6500 S~ncerely, MMC/bab M~chael M Chne Attachments c Chief Alfred Jacocks, Jr Chief Gregory B Cade "Working to Protect People, Property and Our Communtttes" - 33 - Item VI-J. 7. ORDINANCES/RES OL UTIONS ITEM # 51469 Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Council ADOPTED: Ordtnance to ACCEPT and APPROPRIATE a $100,000 grant from the U S Department of Justtce, and, TRANSFER $5,000 re hazardous incident robot to address multtple threats, (such as explosives handhng, tncendtary devtces, weapons of mass destructton, btologtcal and chemtcal weapons), to enhance the level of safety for emergency responders and the local ctttzens Votmg 9-0 (By Consent) Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Ron A Vtllanueva and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Peter W Schmtdt and Rosemary Wdson August 5, 2003 AN ORDINANCE TO ACCEPT AND APPROPRIATE $100,000 FROM THE U. S. DEPARTMENT OF JUSTICE TO THE POLICE DEPARTMENT'S FY 2003-04 OPERATING BUDGET AND TRANSFER $5,000 WITHIN THE POLICE DEPARTMENT'S FY 2003-04 OPERATING BUDGET TO PURCHASE A HAZARDOUS INCIDENT ROBOT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 1. That $100,000 in grant funds is hereby accepted from 11 the U. S. Department of Justice and appropriated to the 12 Police Department's FY 2003-04 Operating Budget, to 13 purchase a hazardous incident robot, with federal 14 revenue increased accordingly. 15 2. That $5,000 is hereby transferred within the Police 16 Department's FY 2003-04 Operating Budget to cover the 17 full cost of the robot. 18 Adopted by the Council of the City of Virginia Beach, 19 Virginia on the 5th day of August, 2003. 20 CA-8961 21 Data/Aty/Ordin/Noncode/DOJ robot.ORD 22 R-3 23 July 23, 2003 24 25 Approved as to Content Department of Services Approved as to Legal Sufficiency Department o~ Law v COMMONWEALTH o[ V R( INIA MICHAEL M CLINE State Coordinator JANET L CLEMENTS Deputy Coordinator L RALPH JONES, JR Deputy Coordinator Mr James K Spore C~ty Manager C~ty of V;rg~ma Beach Municipal Center Building, #1 V~rg~ma Beach, V~rg~n~a 23456 Dear Mr Spore Department of Emergency Management July 8, 2003 JUL - 9 2003 10501 Trade Court RIchmond, V~rgm~a 23236-3713 (804) 897-6500 (TDD) 674-2417 FAX (804) 897-6506 We are pleased to reform you that your apphcabons for both the Individual and Cooperabve projects under the Office of Domesbc Preparedness (ODP) Eqmpment Program Compebbve Sub-Grant process have been approved for funding Your apphcabons were selected from among 80 apphcabons received by the V~rgm~a Department of Emergency Management (VDEM) The amounts funded for the Individual and Cooperabve projects submitted were $100,000 and $243,056 26, respecbvely Please see the attachment for further mformat~on on the breakdown of the funds by grant year To receive your funds you wdl need to complete the attached forms These forms include a Cert~flcabon that the funds will be expended ~n substantial conformance with your apphcabons and ~n conformance with the ODP restncbons on these funds Th~s certff~cabon must be completed and sent to VDEM before we can transfer the funds to you The apphcable restncbons (attached) on the funding are dependent upon which year's funds are being used for which specific purchase Also ~ncluded ~s an Equipment Budget Detail Worksheet This worksheet may be useful for you to keep track of your purchases of ehg~ble equipment The equipment must be purchased before the close of the grant period--July 31,2004 You must also prowde ewdence to VDEM by the close-out date ~n the form of receipts or invoices that only ehg~ble equipment was purchased w}th these funds In addition, you must document the benefits of the eqmpment purchased using the performance measures ~denbfled ~n your appl~cabons The evaluation using these performance measures must also be received by VDEM by July 31,2004 Congratulabons on your grant awards We look forward to working w~th you as we ~mprove V~rg~ma's capab~hbes to respond to terrorist ~nc~dents If you have any quesbons, please call Juhan Gdman at 804-897-6500 S~ncerely, MMC/bab M~chael M Chne Attachments c Chief Alfred Jacocks, Jr Chief Gregory B Cade "Worktng to Protect People, Property and Our Communtt~es" - 34- Item ORDINANCES/RES OL UTIONS ITEM # 51470 Barbara Messner, Post Office Box 514, Phone 422-1902, expressed concerns relatsve the number of golf courses and safety at the Oceanfront Upon motson by Councdman Wood, seconded by Councdman Reeve, Ctty Councsl ADOPTED: Or&nance to estabhsh a Capstal Improvement Plan (CIP) project re Red Wing Lake Golf Course tmprovements, and, APPROPRIATE $1,000,000 to Fund Balance from the Parks and Recreation Specsal Revenue Fund Mayor Oberndorf advtsed a long term plan ss besngformulated to assure the comfort and safety of restdents and vssstors to the Oceanfront Councsl Lady Eure requested the Dsrector of Parks and Recreatton send correspondence to Mrs Messner provsdtng the number of recreatson amenttes provsded for the cttszens s e approxsmately 70 major parks, 300 other parks, the recreatson provtded for the youth, etc Votsng 8-1 Councsl Members Votsng Aye Harry E Dsezel, Margaret L Eure, Vsce Mayor Louss R Jones, Rtchard A Maddox, Mayor Meyera E Oberndorf, dsm Reeve, Ron A Vsllanueva and James L Wood Counctl Members Vottng Nay Reba S McClanan Counctl Members Absent Peter W Schmsdt and Rosemary Wilson August 5, 2003 AN ORDINANCE TO ESTABLISH CIP PROJECT %4-042, RED WING LAKE GOLF COURSE IMPROVEMENTS, AND APPROPRIATE $1,000,000 OF FUND BALANCE TO THIS PROJECT WHEREAS, the Department of Parks and Recreation, on July 8, 8 2003, presented a policy report to City Council recommending 9 improvements to the Red Wing Lake Golf Course; and 10 WHEREAS, the City Council expressed the desire to improve 11 Red Wing Lake Golf Course. 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 13 OF VIRGINIA BEACH, VIRGINIA: 14 1. That CIP Project #4-042, Red Wing Lake Golf Course 15 Improvements, is hereby established. 16 2. That $1,000,000 of Fund Balance from the Parks and 17 Recreation Special Revenue Fund is hereby appropriated to CIP 18 Project #4-042, Red Wing Lake Golf Course Improvements, to fund 19 improvements, with estimated revenue increased accordingly. 20 Adopted by the Council of the City of Virginia Beach, 21 Virginia on the 5th day of August 2003 , - 22 CA8960 23 Data/Ordin/Noncode/Red Wing Lake Golf Course.ORD 24 R-4 25 July 24, 2003 26 27 Approved as to Content 28 31 Department of Management~ 32 Services Approved as to Legal Sufficiency Department Q~WL aw ' City of Virginia Beach, Virginia Draft Project Project # and Title: 4-042 Red Wing Lake Golf Course Improvements Parks & Recreation I Business Area Cultural & Recreational Responsible Dept. Opportunities Total Total Budget Unappropriated Subsequent Years Future Programmed Appropriations Year t Year 2 Year 3 Year 4 Year 5 Year 6 Funding Funds To Date FY 2003-04 FY 2004-05 FY 2005-06 FY 2006-07 FY 2007-08 FY 2008-09 Recju~rement $,000,000 0 1,000,000 4,000,000 0 0 0 0 0 Th~s project ~s for improvements to the ex~sbng golf course at Red W~ng Lake by extending water and sewer uhl~tles to the s~te, new irngaflon systems, new greens complexes, cart path renovahons, and improvements to the maintenance complexes The V~rg~n;a Beach Department of Parks and Recreabon has operated the 288-acre Red W~ng Lake Golf Course s~nce It first opened m 1971 on land leased from the Commonwealth of V~rg~n;a After many years of d~scuss;on and negotiation, the C~ty of Virglma Beach recorded the Deed of Sale and Deed of Property Settlement for Red W~ng Lake ;n July 2002 Because of concerns over ownership and commitments for ~nfrastructure, improvements and renovabons to the course have been prudently delayed As a result, course infrastructure needs to be brought up to a higher standard than currently exists m order to meet the recreational needs of our c;bzens New Project Th~s project has been requested ~n prewous years, however unbl ownership ~ssues were resolved ~mprovements could not be made Basis for Estimate FY 2003-04 FY 2004-05 FY 2005-06 FY 2006-07 FY 2007-08 FY 2008-09 0 0 0 0 0 0 Activity From - To Amount Funding Source Amount Design 08103-07104 450,000 2004 Charter Bonds 2,500,000 Construcbon 11103-06/05 3,959,800 Fund Balance - General Fund 1,250,000 Eqmpment 01/04-06/05 250,000 Fund Balance - Parks and Recreation 1.250.000 Contingencies 08~04-06~05 340.200 Total Programmed Financing 5,000,000 Total Budgetary Cost Estimate 5,000,000 Future Funding Requirements 0 Total Non-Programmed Costs 0 Total Programmed Costs 5,000,000 Fiscal Year 2003-04 Parks and Recreation - 35- Item VI4.9. ORDINANCES/RES OL UTIONS ITEM # 51471 Barbara Messner, Post Office Box 514, Phone 422-1902 Upon motton by Councilman Reeve, seconded by Vtce Mayor Jones, Ctty Counctl ADOPTED, AS REVISED (increasing membership from seven (7) to nine (9): Resolutton estabhshtng the Trauma Center Task Force to restore the Level H Center destgnatton and tdenttfy other tssues re current hospttal servtces to be matntatned and enhanced for the ctttzens of Vtrgtma Beach at Sentara Vtrgmta Beach General Hospital Vottng 9-0 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Ron A Vtllanueva and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Peter W Schmtdt and Rosemary Wtlson August 5, 2003 REQUESTED BY MAYOR MEYERA E. OBERNDORF & VICE-MAYOR LOUIS R. JONES A RESOLUTION ESTABLISHING THE VIRGINIA BEACH TRAUMA CENTER TASK FORCE AND PROVIDING FOR ITS MEMBERSHIP, DUTIES AND OTHER MATTERS 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, on June 27, 2003, the designation of Sentara Virginia Beach General Hospital ("Sentara VBGH") was downgraded from a Level II to a Level III Trauma Center; and WHEREAS, the change in designation was made by Sentara with very little community discussion concerning the potential impacts of the decision; and WHEREAS, as a result of the decision, in some emergency situations, people living in or visiting Virginia Beach will have to be transported as many as twenty (20) miles to Sentara Norfolk General Hospital; and WHEREAS, it is the sense of the City Council that critical decisions such as this should be made only after members of the community have had ample opportunity to state their views; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. There is hereby established the Virginia Beach Trauma Center Task Force ("Task Force"), which shall consist of nine (9) members, who shall be appointed by the City Council and shall serve without compensation; 2. The duty of the Task Force shall be to work cooperatively withe Sentara, the City and the community to explore options to restore the Sentara VBGH Trauma Center to a Level II designation and to identify other issues facing Sentara VBGH and its 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 physicians, so as to ensure that current hospital services are maintained and enhanced for the benefit of the citizens of Virginia Beach; 3. The Task Force shall meet with management of Sentara in order to fully understand the basis for the decision to change the designation to Level III and any other service reductions that may be under consideration; seek public input concerning the decision and potential solutions; seek the views of the Emergency Medical Services Department and other appropriate City agencies concerning the operation ramifications of the decision; identify solutions implemented by other communities faced with similar circumstances; identify potential solutions for Virginia Beach; and make recommendations to the City Council for its consideration. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Task Force shall make its report, with recommendations, to the City Council by November 30, 2003. Adopted by the City Council of the City of Virginia Beach, Virginia on the 5th day of August 2003. CA-8968 wmm\ordres\traumacenterres.wpd R-2 - August 5, 2003 Item VI-J. I O. - 36- ORDINANCES/RES OL UTIONS ITEM # 514 72 Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl ADOPTED, AS RE VISED: Resolutton estabhshtng an Unfunded Education Mandates Joint Task Force and provtdtng for its membership and duttes. Voting 9-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Ron A Vtllanueva and James L Wood Counctl Members Vottng Nay None Council Members Absent Peter W Schmtdt and Rosemary Wtlson August 5, 2003 1 REQUESTED BY COUNCILMEMBERS ROSEMARY WILSON AND RON A. VILLANUEVA A RESOLUTION ESTABLISHING A JOINT TASK FORCE ON UNFUNDED MANDATES FOR EDUCATION AND PROVIDING FOR ITS MEMBERSHIP AND DUTIES 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WHEREAS, the Federal and State governments regularly impose mandates upon local governments in such areas as the environment, homeland security, election reform and education; and WHEREAS, such mandates are rarely accompanied by adequate funding provided by the Federal or State government imposing them, thereby placing the burden of funding such mandates upon localities, which are less able than either the Federal or State government to adequately fund such mandates; and WHEREAS, in 1995, Congress enacted the Unfunded Mandate Reform Act (UMRA) of 1995, among the stated purposes of which were to curb the practice of imposing unfunded Federal mandates on State and local governments and to ensure that the Federal government pays the costs incurred by those governments in complying with Federal law; and WHEREAS, notwithstanding the enactment of such legislation, the Federal government has continued to impose unfunded mandates upon local governments; and WHEREAS, the Commonwealth of Virginia has also continued to impose upon local governments unfunded mandates, and the General Assembly has not enacted legislation prohibiting or limiting such unfunded mandates; and 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 WHEREAS, unfunded federal and state mandates have forced localities to sacrifice or limit necessary local programs in order to comply with the mandates imposed by either the Federal or State governments; and WHEREAS, the Council wishes to study the impacts of unfunded mandates on the local government budget and as a first step desires to focus on the effects on public education; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. As a first step towards addressing unfunded mandates, there is hereby established the Joint Task Force on Unfunded Mandates for Education (hereinafter "Joint Task Force"), which shall consist of Councilmembers Rosemary Wilson and Ron A. Villanueva, one representative each of the City Manager's and City Attorney's Offices, two members of the School Board, who shall be selected by the Board, and the Superintendent of Schools or his designee. Members shall serve without compensation. 2. The mission of the Joint Task Force shall be to identify all unfunded federal and state mandates applicable to the Virginia Beach Public Schools and to recommend, when appropriate, legislation to rescind or adequately fund such mandates. 3. The Joint Task Force shall also identify those unfunded mandates which have been imposed by statute and those which have been imposed by administrative regulation; and 50 51 52 4. The Joint Task Force shall meet monthly and shall report its findings and recommendations to the City Council and the School Board, in writing, by November 1, 2003. 53 54 Adopted by the Council of the City of Virginia Beach, Virginia, on the 5th day of August , 2003. CA-8859 wmm\ordres\mandatetaskforceres3.wpd R-6 August 5, 2003 APPROVED AS TO LEGAL SUFFICIENCY' Department of~Law Item VI-J. 11. -37- ORDINANCES/RES OL UTIONS ITEM # 51473 Barbara Messner, Post Office Box 514, Phone 422-1902, spoke tn OPPOSITION and was tn support of free enterprtse Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl DEFERRED INDEFINITEL Y: Resolutton AUTHORIZING the Ctty Manager tssue a Request For Proposal (RFP) and A WARD an exclustve contract for beverage vending machines on Ctty property Vottng 9-0 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Ron A Vtllanueva and James L Wood Counctl Members Vottng Nay None Council Members Absent Peter W Schmtdt and Rosemary Wtlson August 5, 2003 - 38- Item VI-K. 1 PLANNING ITEM # 51474 1. THE FOLLOWING PLANNING ITEMS WERE ACTED UPON BY CITY COUNCIL AT THEIR REGULAR FORMAL SESSION PLANNING PUBLIC HEARING ON THE TWENTY-FOURTH DA Y OF JUNE 2003; HO WE VER, DUE TO A PUBLISHING ERR OR, AD VER TISING OCCURRED ONLY ONCE IN THE BEACON. THEREFORE, THE ACTION OF CITY COUNCIL ON JUNE 24TH WAS DECLARED NULL AND VOID. THESE ITEMS WERE PUBLISHED INA CCORDANCE WITH THE VIRGINIA STATE CODE ON JULY 20 AND 27, 2003, AND ARE SUBJECT TO CITY COUNCIL A CTIONA T THEIR REGULAR FORMAL SESSIONPLANNING PUBLICHEARING ON TUESDA Y, AUGUST 5, 2003: a. TRACY REDBURN NONCONFORMING USE b. KEMPSVILLE BUILDING MA TERIALS, INC. STREET CLOSURE c. RA CHAEL A. SPRINGER CONDITIONAL USE PERMIT d. MOSE MAST- VIRGINIA BEACH MARBLE CO. CONDITIONAL USE PERMIT e. GRAND SLAM USA CONDITIONAL USE PERMIT fi WAL-MART REAL ESTATE BUSINESS TRUST CONDITIONAL USE PERMIT g. JOSEPH G. PIPER h. TRITON PCS/SUNCOM VARIANCE CHANGE OF ZONING MODIFICATION TO THE GREEN RUN LAND USE PLAN CITY OF VIRGINIA BEACH AMENDMENT TO THE SUBDIVISION ORDINANCE re width of sidewalks 2. CITY OF VIRGINIA BEACH STREET CLOSURE August 5, 2003 - 39- Item VI-K. 1. PLANNING ITEM # 514 75 Upon motton by Vtce Mayor Jones, seconded by Councdman Reeve, Ctty Councd APPROVED IN ONE MOTION Items la.(ALLOWED WITHDRAWAL), b, c, d, e, f, g (ALLOWED WITHDRAWAL),h MODIFIED), and t of the PLANNING B Y CONSENT AGENDA. Item K la (REDB URN) was WITHDRAWN, BY CONSENT Item K 1 g (PIPER) was WITHDRAWN, BY CONSENT Vottng 9-0 (By ConsenO Councd Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Ron A Vdlanueva and James L Wood Councd Members Vottng Nay None Councd Members Absent Peter W Schmtdt and Rosemary Wtlson Vtce Mayor Jones VERBALLY ABSTAINED on Item K 1 b (KEMPSVILLE BUILDING MATERIALS, INC), as hts property at 220 Pennsylvama Avenue ts adjacent to the apphcant's property Vtce Mayor Jones ABSTAINED on Item K 1 e (GRAND SLAM USA), as hts funeral home at 3600 Vtrgmta Beach Boulevard ts adjacent to the apphcant's property Councd Members Eure, McClanan and Wood voted a VERBAL NAY on Item LK 1 c (GRAND SLAM) August 5, 2003 Item VI-K.I.a. - 40- PLANNING ITEM # 514 76 Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl ALLOWED WITHDRAWAL of the apphcatton of TRA CYREDB URN re expanston O fa noncon_formtng use to construct a garage for the one story structure at 615 Twenty-Stxth Street ORDINANCE UPON APPLICATION OF TRACY REDBURN FOR THE EXPANSION OF A NONCONFORMING USE Ordtnance upon Apphcatton of Tracy Redburn for the Expanston qf a Nonconflormtng Use onproperty located at 615 2~n Street (GPIN24188080 71) DISTRICT 6- BEA CH Vottng 9-0 (By Consent) Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Ron A Vtllanueva and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Peter W Schmtdt and Rosemary Wtlson August 5, 2003 - 41 - Item VI.K.I.b. PLANNING ITEM # 514 77 Upon motton by Vtce Mayor Jones, seconded by Councilman Reeve, Ctty Counctl ADOPTED an Or&nance upon apphcatton of KEMPSVILLE BUILDING MATERIALS, INC. re &sconttnuance, closure and abandonment of a portton of Denn Lane Or&nance upon apphcatton of Kempsvtlle Butl&ng Matertals, Inc for the &sconttnuance, closure and abandonment of a portton of Denn Lane located on the north stde of Southern Boulevard, 250 feet west of Jersey Avenue DISTRICT 2 - KEMPSVILLE The followtng con&ttons shall be requtred The Ctty Attorney's Office shall make the final determtnatton regar&ng ownershtp of the underlytngfee The purchase prtce to be patd to the Ctty shall be determtned accor&ng to the "Pohcy Regar&ng Purchase of Ctty ~' Interest tn Streets Pursuant to Street Closures, "approved by Ctty Counctl Coptes of the pohcy are avatlable tn the Planmng Department The apphcant shall resub&vtde the property and vacate tnternal lot hnes to tncorporate the closed area tnto the adjotntngparcels The plat shall be submttted and approved for recordatton prtor to final street closure approval 3 The apphcant shall vertfy that noprtvate utthttes extst wtthtn the rtght-oX- way proposed for closure Prehmtnary comments from Domtnton Vtrgtnta Power and Vtrgtnta Natural Gas tn&cate that there are none of thetr factltttes wtthm the rtght-of-way proposed for closure Prehmtnary comments from HRSD tn&cate that there are facthttes tn the surroun&ng area and the apphcant must vertfy any easement requtrements prtor to submtttal of the final plat 4 Closure of the rtght-of-way shall be conttngent upon comphance wtth the above stated con&ttons wtthtn 365 days of approval by Ctty Counctl If the con&ttons noted above are not accomphshed and the final plat ts not approved wtthm one year of the Ctty Counctl vote to close the rtght-of-way, thts approval shall be constdered null and votd August 5, 2003 - 42 - Item VI.K.I.b. PLANNING ITEM # 514 77 Votmg 8-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Ron A Vtllanueva, and James L Wood Counctl Members Vottng Nay None Counctl Members Abstatntng Vtce Mayor Louts R Jones Counctl Members Absent Peter W Schmtdt and Rosemary Wtlson Vtce Mayor Jones VERBALLY ABSTAINED on Item K 1 b (KEMPSVILLE BUILDING MATERIALS, INC ,) as hts property at 220 Pennsylvania Avenue ts adjacent to the apphcant's propert); August 5, 2003 ORDINANCE NO. 2 3 4 5 6 7 8 9 10 11 12 IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS DENN LANE AS SHOWN ON THAT CERTAIN PLAT ENTITLED "RYW CLOSURE EXHIBIT OF THE EASTERLY 25' PORTION OF DENN LANE ADJACENT TO LOT 42, BLOCK 48, EUCLID PLACE AND THE WESTERLY 25' PORTION OF DENN LANE ADJACENT TO LOT 33, BLOCK 49, EUCLID PLACE FOR KEMPSVILLE BUILDING MATERIALS, VIRGINIA BEACH, VIRGINIA" A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A. 13 14 15 16 17 18 19 20 21 22 23 24 5 WHEREAS, on August 5, 2003, Kempsville Building Materials, Inc. apphed to the Council of the City of Virginia Beach, V~rg~ma, to have the hereinafter described street discontinued, closed, and vacated, and WHEREAS, ~t ~s the judgment of the Council that smd street be d~scontlnued, closed, and vacated, subject to certmn conditions having been met on or before August 4, 2004, NOW, THEREFORE, SECTION I BE IT ORDAINED by the Councd of the City of Virg~ma Beach, Vlrgima, that the hereinafter described street be d~scont~nued, closed and vacated, subject to certmn conditions being met on or before August 4, 2004 All that certmn p~ece or parcel of land s~tuate, lyang and being ~n the C~ty of Virg~ma Beach, Virglma, designated and described as "WESTERN ½ OF DENN LANE TO BE CLOSED" and "EASTERN 26 GPIN: (1467-84-5350, 1467-84-4898 and 1467-84-1392) 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 48 49 50 51 52 53 54 '5 56 V2 OF DENN LANE TO BE CLOSED" shown as the cross-hatched area on that certain plat entitled: "R/W CLOSURE EXHIBIT OF THE EASTERLY 25' PORTION OF DENN LANE ADJACENT TO LOT 42, BLOCK 48, EUCLID PLACE AND THE WESTERLY 25' PORTION OF DENN LANE ADJACENT TO LOT 33, BLOCK 49, EUCLD PLACE FOR KEMPSVILLE BUILDING MATERIALS, VIRIGNIA BEACH, VIRGINIA", Scale. 1"=30', dated April 02, 2003, prepared by Kellam-Gerw~tz Eng~neenng, Inc., a copy of which ~s attached hereto as Exhibit A. SECTION II The following conditions must be met on or before August 4, 2004: 1. The City Attorney's Office will make the final deterrmnation regarding ownership of the underlying fee. The purchase price to be paid to the City shall be deterrmned according to the "Pohcy Regarding Purchase of C~ty's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of smd policy are available in the Planning Department. 2. The apphcant shall resubdivide the property and vacate internal lot hnes to incorporate the closed area ~nto the adjoining parcels. The resubdivislon plat shall be subrmtted and approved for recordanon prior to final street closure approval. 3. The apphcant shall verify that no private utdit~es exist within the right-of-way proposed for closure. Prehminary comments from the utihty companies ~ndicate that there are no private utilities w~thin the right-of-way proposed for closure. If private utilities do exmt, the apphcant shall provide easements satisfactory to the utility companies. 4. Closure of the right-of-way shall be contingent upon comphance with the above stated conditions witNn 365 days of approval by City Council. If all conditions noted above are not in compliance and the final plat is not approved within one year of the City Council vote to close the street, this approval will be considered null and void. SECTION III 1. If the preceding conditions are not fulfilled on or before August 4, 2004, this Ordinance will be deemed null and void without further action by the City Council. 57 58 59 60 61 62 63 64 65 2. If all cond~nons are met on or before August 4, 2004, the date of final closure ~s the date the street closure ordinance is recorded by the City Attorney. SECTION IV 1 A certified copy of this Ordinance shall be filed ~n the Clerk's Office of the C~rcmt Court of the City of V~rglma Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor." Adopted by the Council of the C~ty of Virginia Beach, V~rgima, on this ~ day of August ,2003. 66 67 68 CA-8738 July 30, 2003 C XDocuments and Semngs\bdukeYLocal Semngs\Temp\CA8738 ord2 FRM 69 70 71 APPROVED AS TO CONTENT ' -" ' - Department "}'~~an~ 72 73 74 APPROVED AS TO LEGAL SUFFICIENCY C~ty Attorney THIS EXHIBIT IS BASED ON DOCUMENT~ OF RECORD AND DOES NOT CONSTITUTE A BOUNDARY SURVEY NOR A SUBDIVISION OF LAND, A FIELD SURVEY HAS NOT BEEN PERFORMED. 2, THIS EXHIBIT IS INTENDED TO DEPICT THE PROPOSED R/W TO BE CLOSED ABOUT THE PROPERTY SHOI4N HEREON AND IS NOT INTENDED FOR ANY OTHER . THAN GENERAL REFERENCE. GRAPHIC SCALE 15 0 15 30 60 FEET lINCH= 30 FEET 28 I $15.58' TO --WITCHDI /~OAD 33' 50 00' 29 3O 31 32 35 34 I R/W TO BE 12 13 14 15 16 I VA CA TED I I ~42I 411 40 250' iTO I --A VENUE-- MB. 4, P. 63 SCALE. 1' = 30' R/W CLOSURE EXHIBIT OF The easterly 25' port~on of Denn Lane adjacent to Lot 42, Block 48, Euclid Place and the westerly 25' port~on of Denn Lane adjacent to Lot 33, Block 49, Euchd Place FOR KEMPSVILLE BUILDING MATERIALS VIROINIA BEACH ~RGINIA WESTERLY 7~ OF / DENN LANE TO -/ BE CLOSED SOUTHERN BOULEVARD · -, VAR. WIDTH R/W .., (MB. 4. P 63) O2 APRIL, 2OO$ · EASTERLY ~ OF DENN LANE TO BE CLOSED VO2085_rwEXH dw9 TMF/wc9 KE~ - GERWIT'z ENGINEERING INC EN~NEI~INO--~R~I1 NO-PLANNIN 500 ~N~AL DRI~ SUl~ 113 ~RO~A B~.~Ra~ 2~ (757)3~0~28 - 43 - Item VI-K.c. PLANNING ITEM # 51478 Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl ADOPTED an Ordtnance upon apphcatton of RACHAEL A. SPRINGER for a Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF RACHAEL A SPRINGER FOR A CONDITIONAL USE PERMIT FOR A RESIDENTIAL KENNEL R0803311 l 2 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon Apphcatton of Rachael A Sprtnger for a Condtttonal Use Permtt for a restdenttal kennel on property located at 5544 Hatteras Road (GPIN 1467128236) DISTRICT 2 - KEMPSVILLE The followtng condtttons shall be requtred 1 No more than seven adult dogs (over slx months of age) shall be kept on the' property at any ttme No breeding, groomtng, or boardtng of any other dogs for monetary or non-monetary purposes shall be permttted 2 A mtntmum three-foot planttng bed shall be tnstalled adjacent to the natural area on the northwest stde of the property The bed shall be conststent wtth Chesapeake Bay Preservatton Area (CBPA) Planttng Bed drawtng avatlable at the Planntng Department's Development Servtces Center 3 Dog htter shall be ptcked up and dtsposed of on a datly basts 4 The Con&ttonal Use Permtt shall be reviewed on an annual basts Thts Or&nance shall be effecttve tn accordance wtth Section 107 09 of the Zomng Ordtnance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Ftfth of August, Two Thousand Three August 5, 2003 - 44 - Item VI-K.I.c. PLANNING ITEM # 514 78 (Continued) Voting 6-3 Counctl Members Vottng Aye Harry E Dtezel, Vtce Mayor Louts R Jones, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve and Ron A Vtllanueva Counctl Members Vottng Nay Margaret L Eure, Reba S McClanan and James L Wood Counctl Members Absent Peter W Schmtdt and Rosemary Wdson August 5, 2003 - 45- Item VI-K.I.d. PLANNING ITEM # 514 79 Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, City Counctl ADOPTED an Ordtnance upon apphcatton of MOSE MAST- VIRGINIA BEACH MARBLE CO. for a Condtttonal Use Permtt re a bulk storage yard ORDINANCE UPON APPLICA TION OF MOSE MAST- VIRGINIA BEACH MARBLE CO FORA CONDITIONAL USE PERMIT Z08032151 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Apphcatton of Mose Mast - Vtrgtma Beach Marble Co for a Condtttonal Use Permtt for a bulk storage yard on property located at 506 Vtktng Drtve (GPIN 1497507390) DISTRICT 6 - BEACH The followtng condtttons shall be required 1 A sohdfence at least stxfeet tn hetght and Category VI landscaptng shall be provtded along the enttre pertmeter of the bulk storage area, except for necessary mgress/egress 2 The locatton of the access gate for the storage area shall be shown on the final stte plan 3 Constructton of the bulk storageyard shall be completed wtthtn 90 days of Condtttonal Use Permtt approval Tl, ie ...........' ............... ' ........ -' .... 7. . ..... '- ............. '-- -'--" b .......... ~ ..... ' .... '" ~ ..... ' ....... ' ...... of Thts Ordinance shall be effecttve tn accordance wtth Sectton 107 09 of the Zomng Ordtnance Adopted by the Counctl of the Ctty of Vtrgtma Beach, Vtrgtma, on the Fifth of August, Two Thousand Three Vottng 9-0 (By ConsenO Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve. Ron A Vtllanueva and James L Wood Counctl Members Vonng Nay None Counctl Members Absent Peter W Schmtdt and Rosemary Wilson August 5, 2003 - 46- Item VI-KI.e. PLANNING ITEM # 51480 Upon motion by Vice Mayor Jones, seconded by Counctlman Reeve, City Counctl ADOPTED an Or&nance upon apphcatton of GRAND SLAM USA for a Conchttonal Use Permtt ORDINANCE UPON APPLICATION OF GRAND SLAM USA FOR A CONDITIONAL USE PERMIT R080331113 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon Apphcatton of Grand Slam USA for a Conchttonal Use Permtt for a commerctal recreattonal facthty other than those of an outdoor nature (baseball/softball) on property located at 3636 Vtrgtnta Beach Boulevard, Sutte 10 7 (GPIN 148 7549 708) DISTRICT 5 - L YNNHA VEN The followtng conchttons shall be requtred A Certtficate of Occupancy shall be obtatnedfrom the Butldtng Offictal before the tssuance of any bustness hcense or building permtt assoctated with the request No storage or repatr of recreational equtpment shall be permttted outstde the butldtng No ad&ttonal stte hghttng shall be installed beyond that needed for stte securtty, all of whtch shall be shtelded away from all adjoining properties This Or&nance shall be effecttve tn accordance with Sectton 107 (J) of the Zoning Or&nance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Ftfth of August, Two Thousand Three August 5, 2003 -47- Item VI-K.I.e. PLANNING ITEM # 51480 (Continued) Vottng 8-0 (By Consent) Counctl Members Voting Aye Harry E Dtezel, Margaret L Eure, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Ron A Vtllanueva, and James L Wood Council Members Voting Nay None Counctl Members Abstatntng Vtce Mayor Louts R Jones Counctl Members Absent Peter W Schmtdt and Rosemary Wtlson Vtce Mayor Jones ABSTAINED on Item K 1 e (GRAND SLAM USA), as hts funeral home at 3600 Vtrgtma Beach Boulevard ts adjacent to the apphcant's property August 5, 2003 - 48- Item VI-K. l.f. PLANNING ITEM # 51481 Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty CounctlADOPTED an Ordtnance upon Apphcatton of WAL-MART REAL ESTATE BUSINESS TRUST for a Conditional Use Permtt ORDINANCE UPON APPLICATION OF WAL-MART REAL ESTATE BUSINESS TRUST FOR A CONDITIONAL USE PERMIT FOR A BULK STORAGE FACILITY ON PROPERTY R080331114 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon Apphcatton of Wal-Mart Real Estate Bustness Trust for a Condtttonal Use Permtt for a bulk storage facthty on property located at 1149 Ntmmo Parkway (GPIN # 2414-25-6765) DISTRICT 7- PRINCESS ANNE The following condtttons shall be requtred 1 The seasonal sales areas and the pallet and recyclable cardboard storage area shall be located on the stte as depicted on the submitted stte plan tttled "WAL-MART SUPERCENTER, RED MILL COMMONS, SITE' LA YOUT", dated 02/25/03, and prepared by Ktmley-Horn and Assoctates 2 The seasonal sales areas shall be dehneated by a decorattve wrought tron fence, not less than stx (6)foot tn hetght, wtth Category lshrubs planted on the outstde of the fence The apphcant shall obtatn a vartance from the Board of Zontng Appeals for the use of thts tn heu of the Category VI fenctng reqmrement The palette and recyclable cardboard storage area shall be screened as depicted on the submttted stte plan titled "WAL-MART SUPERCENTER, RED MILL COMMONS, SITE LAYOUT", dated 02/25/03, and prepared by Ktmley-Horn and Assoctates The apphcant shall obtatn a vartance from the Board of Zomng Appeals for the use of this tn heu of the Category VI screentng requtrement The apphcant shall dehneate on stte a crosswalk from the butlchng /garden center area to the seasonal sales areas Staff wtll asstst the apphcant with the adequate wtdth and locations Thts Ordinance shall be effecttve tn accordance wtth Sectton 107 (/) of the Zoning Ordtnance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtma, on the Ftfth of August, Two Thousand Three August 5, 2003 - 49- Item VI-K.I.fi PLANNING ITEM # 51481 (Continued) Vottng 9-0 (By Consent) Counctl Members Voting Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, RtchardA Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Ron A Vtllanueva and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Peter W Schmtdt and Rosemary Wtlson August 5, 2003 Item VI-K.I.g. PLANNING - 50- ITEM # 51482 Upon motion by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl ALLOWED WITHDRAWAL of apphcattons of JOSEPH G. PIPER to subdtvtde the extsttng lot into three (3) lots, wtth two (2)flag lots, at 2332 Seaboard Road wtth a Vartance to 3g 4 4(b) of the Subdtvtston Ordtnance and a Change of Zontng Dtstrtct Classtficatton from A G-2 Agrtcultural Dtstrtct to R-15 Restdenttal Dtstrtct AND, Dectstons of Admtntstrattve Officers tn regard to certatn elements of the Subdtvtston Ordtnance, Subdtvtston for Joseph G Ptper Property ts located at 2332 Seaboard Road (GPIN 240454 7746) DISTRICT 7- PRINCESS ANNE ORDINANCE UPONAPPLICA TION OF JOSEPH G PIPER FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A G-2 A GRICUL TURAL DISTRICT TO R-15 Or&nance upon Apphcatton of Joseph G. Ptper for a Change of Zomng Dtstrtct Classtficatton from AG-2 Agrtcultural Dtstrtct to R-15 Restdenttal Dtstrtct on property located at 2332 Seaboard Road (GPIN 2404547746) DISTRICT 7 - PRINCESS ANNE Vottng 9-0 (By Consent) Council Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve, Ron A Vtllanueva and James L Wood Council Members Vottng Nay None Counctl Members Absent Peter W Schmtdt and Rosemary Wtlson August 5, 2003 - 51 - Item VI-K.I.h. PLANNING ITEM # 51483 Upon motton by Vtce Mayor Jones, seconded by Councdman Reeve, City Counctl APPROVED Or&nance upon apphcatton of TRITON PCS/SUNCOM for a MODIFICATION TO THE GREEN R UN LAND USE PLAN Or&nance upon Apphcatton of Trtton PCS/SunCom for a Modt_ficatton to the Green Run Land Use Plan for a wtreless commumcatton tower on property located on the east stde of Independence Boulevard, approxtmately 700feet southeast ofNesbttt Drtve wtthtn an extsttng Vzrgtnta Power substatton (GPIN 1485395034) DISTRICT 3 - ROSE HALL The purpose of the request ts to construct a 90-foot commumcatton tower wtth a Domtnton Vtrgtnta Power substatton area The tower and equtpment shelter shall be constructed as deptcted on the submitted stte plan entttled "Trtton PCS Raw Land Substation, S Independence Blvd, Vtrgtnta Beach, VA 23455," prepared by 02 Wireless, Inc, dated 11/15/02 However, the tower shall be destgned to accommodate one ad&ttonal user A copy of the plan has been presented to Ct ty Counctl and ts on file tn the Planntng Department The tower structure destgn shall be modtfied to accommodate at least two antenna loads at dtfferent hetghts tn order to provtde for future co-locatton opportuntttes A revtsed structural report certtfytng that the tower ts capable of handhng addtttonal antenna load at a specified hetght shall be provtded wtth the detatled stte plan Landscaptng shall be tnstalled as deptcted on sheet Z8 of the submttted stte plan tdenttfied tn Condttton 1 above The fence securtng the equipment shelter and tower shall match the extsttngfence at the substatton No barbed wtre, razor wtre, or electrtficatton shall be permitted The tower and antennae shall not exceed (nmety) 90 feet tn hetght The communtcatton tower shall be a standard gray color In the event that the Federal Avtatton Admtntstratton or other hcenstng enttty requtres that the tower bepatnted another color, the hetght of the tower shall be reduced to a level that wtll ehmtnate the requirement that tt be patnted August 5, 2003 Item VI-K.I.h. PLANNING - 52 - ITEM # 51483 (Continued) Unless a watver ts obtatned from the Ctty of Vtrgtnta Beach Department of Communtcattons and Informatton Technology (COMIT), a Radto Frequency Emtsstons (RF study), conducted by a quahfied engtneer hcensed to practtce tn the Commonwealth of Vtrgtnta, showtng that the tntended user(s) wtll not mterfere wtth any Ctty of Vtrgmta Beach emergency communtcattons facthttes, shall be provtded prtor to stte plan approval for the tower and all subsequent users In the event tnterference wtth any Ctty emergency communtcattons facthttes artses from the users of thts tower, the user(s) shall take all measures reasonably necessary to correct and ehmtnate the interference If the tnterference cannot be ehmtnated wtthtn a reasonable trine, the user shall tmmedtately cease operatton to the extent necessary to stop the tnterference Should the antennae cease to be used for a pertod of more than one (1) year, the apphcant shall remove the antennae, thetr supporttng towers and related equtpment Vottng 9-0 (By ConsenO Council Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, dtm Reeve, Ron A Vtllanueva and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Peter W Schmtdt and Rosemary Wtlson August 5, 2003 - 53 - Item VI-K. 1. L PLANNING ITEM # 51484 Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Council ADOPTED: Ordtnance to AMEND 3~ 5 6 of the Ctty's Subdtvtston Ordtnance re the width of sidewalks. Vottng 9-0 (By ConsenO Counctl Members ?otmg Aye Harry E Dtezel, Margaret L Eure, I/tce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, dsm Reeve, Ron A l/tllanueva and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Peter W Schmtdt and Rosemary Wtlson August 5, 2003 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AN ORDINANCE TO AMEND THE SUBDIVISION REGULATIONS PERTAINING TO SIDEWALKS SECTION AMENDED' § 5.6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That Section 5.6 of the Subdivision Regulations is hereby amended and reordained to read as follows: Sec. 5.6. Sidewalks. Where constructed, sidewalks shall be in ~ accordance with the specifications and standards of the department of public works, as approved by the council of the City of Virginia Beach and the standards established by the Americans With Disabilities Act. (a) Sidewalks forty-eight {48) inches in width or such '~-~ ...... ~ .... by '---- pl ' '- ~~~ ~~. ~o required the di~tor of annzng or h~o ig ...... ~ ---~-~-- ' p - 11 be d des nee ~ ~~ =~o~ im rovemento sha constructe on both sides of arterial or collector streets. The director of planninq or his desiqnee may require additional sidewalk width to match existinq improvements. (b) Sidewalks forty-eight {48) inches in widt,h shall be constructed on both sides of minor streets within subdivisions proposed for multiple-family or conunercial use and may be required on one (1) or both sides of minor streets in subdivisions proposed for industrial use, if the director of planning finds such requirement necessary in view of desirable continuity of flow of substantial pedestrian traffic. The director of planninq or his 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 designee may require additional sidewalk width to match existinq improvements. (c) Sidewalks = ....... ~-== ' - ' ' ~v~-=~ {48) ~ncheo ~n w~dth shall be constructed on one (1) side of each minor street within subdivisions proposed for one-family, two-family or townhouse residential use and where minimum lot width requirements as specified in the zoning ordinance are less than one hundred (100) feet. As an exception to this requirement, no sidewalk is required where not more than twenty-five (25) dwelling units could be constructed on property served by the street. This applies only if the street could not reasonably be extended to serve more dwelling units. The director of planninq or his desiqnee may require additional sidewalk width to match existinq improvements. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 5th day of August, 2003. CA-8864 DATA/ORDIN/PROPOSED/subreg05.6ord.wpd R2 - April 28, 2003 Item VI-K. 2. - 54 - PLANNING ITEM # 51485 Barbara Messner, Post Office Box 514, Phone 422-1902, represented the Frtends of 31s' Street Park and spoke tn OPPOSITION Upon motion by Councdman Vdlanueva, seconded by Councdman Wood, Ctty Councd ADOPTED, subject to compliance, Ordtnance upon appltcatton of the Cay of Vtrgtnta Beach for the discontinuance, closure and abandonment of an alley tn Block 72, (bordered by Atlantic Avenue, 30th and 31st Streets and Pactfic Avenue): Ordtnance upon apphcatton of the Ctty of Vtrgtma Beach for the dtsconttnuance, closure and abandonment of a twenty (20)foot wtde alley located tn Block 72, begtnntng at a potnt approxtmately 140 feet south of Lasktn Road and runntng a dtstance of 258 feet between Atlantic Avenue and Pactfic Avenue (GPIN 2428015928) DISTRICT 6- BEACH The followtng condzttons shall be reqmred The Ctty Attorney's Office shall make the final determmatton regardmg ownershtp of the underlytng fee The purchase prtce shall be determtned accordtng to the "Pohcy Regardtng Purchase of Ctty's Interest tn Streets Pursuant to Street Closures," approved by Ctty Councd Copses of the pohcy are avatlable tn the Planntng Department The apphcant shall resubdtwde the property and vacate tnternal lot hnes to tncorporate the closed area mto the adjoining parcels The plat shall be submitted and approved for recordatton prtor to final street closure approval The apphcant shall verify that no prtvate utthttes extst wtthtn the rtght-of-way proposed for closure If private utthttes do exist, easements satisfactory to the utthty company, shall be provtded Closure of the right-of-way shall be conttngent upon comphance with the above stated conditions wtthtn 365 days of approval by Ctty Council If the condmons noted above are not accomplished and the final plat ss not approved wtthtn one year of the Ctty Councd vote to close the right-of-way thts approval shall be constdered null and votd August 5, 2003 Item VI-K. 2. - 55 ~ PLANNING ITEM # 51485 (Continued) Votmg 9-0 Councd Members Votmg Aye Harry E Dtezel, Margaret L Eure, IZtce Mayor Louts R done& Reba S McClanan, RtchardA Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Ron ,4 P'dlanueva and James L Wood Councd Members Votmg Nay None Counctl Members Absent Peter W Schmtdt and Rosemary Wilson August 5, 2003 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING THAT CERTAIN ALLEY KNOWN AS A TWENTY (20) FOOT ALLEY LOCATED IN BLOCK 72 AS SHOWN ON THAT CERTAIN PLAT ENTITLED "PLAT SHOWING A 20 FOOT WIDE ALLEY IN BLOCK 72 PLAT OF PROPERTY OF VIRGINIA BEACH DEVELOPMENT COMPANY (MB 3 PG 177) TO BE CLOSED AND VACATED AS A PUBLIC RIGHT-OF- WAY, VIRGINIA BEACH, VIRGINIA" WHEREAS, on August 5, 2003, the City of Vlrglma Beach applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated, and WHEREAS, it is thejudgment of the Council that said street be discontinued, closed, and vacated, subject to certain conditions having been met on or before August 4, 2004; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed and vacated, subject to certain conditions being met on or before August 4, 2004. All that certain piece or parcel of land situate, 13nng and being in the City of Virginia Beach, Virginia, designated and described as "AREA OF RIGHT-OF-WAY TO BE CLOSED" and "AREA OF STREET CLOSURE 5,160 S F OR 0 119 ACRES" shown as the cross-hatched GPIN' 2428-01-5928 area on that certain plat entitled "PLAT SHOWING A 20 FOOT WIDE ALLEY IN BLOCK 72, PLAT OF PROPERTY OF VIRGINIA BEACH DEVELOPMENT COMPANY (MB 3, PG 177) TO BE CLOSED AND VACATED AS A PUBLIC RIGHT-OF- WAY VIRGINIA BEACH, VIRGINIA, CIP 9-260" Scale: 1"= 50', dated 05/29/03, prepared by Patton, Harris, Rust & Associates, P C, a copy of which IS attached hereto as Exhibit A SECTION The following conditions must be met on or before August 4, 2004. 1 The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of said policy are available in the Planning Department. 2. The applicant shall resubdlvlde the property and vacate internal lot lines to Incorporate the closed area Into the adjoimng parcels. The resubdivision plat shall be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utdit~es exist within the right-of-way proposed for closure. Preliminary comments from the utility companies Indicate that there are no private utilities w~thin the right-of-way proposed for closure. If private utlht~es do exist, the apphcant shall provide easements satisfactory to the utlhty companies. 4 Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council If all conditions noted above are not accomphshed and the final plat ~s not approved within one year of the City Council vote to close the roadway, th~s approval wdl be considered null and vmd. SECTION III 1. If the preceding condlnons are not fulfilled on or before August 4, 2004, th~s Ordinance will be deemed null and vmd without further action by the City Council 2. If all condmons are met on or before August 4, 2004, the date of final closure ~s the date the street closure ordinance ~s recorded by the C~ty Attorney. SECTION IV 3. A cemfled copy of th~s Ordinance shall be filed ~n the Clerk's Office of the Circuit Court of the C~ty of V~rglma Beach, V~rglma, and indexed ~n the name of the CITY OF VIRGINIA BEACH as "Grantor." Adopted by the Council of the C~ty of V~rglma Beach, V~rg~ma, on th~s 5th day of August ,2003 CA-8917 July 1 I, 2003 APPROVED AS TO CONTENT Planm ~Department APPROVED AS TO LEGAL SUF~Eq.F~CY C~ty Attorney EXHIBIT A ATLANTIC A V~NUE C~o' e/w) MB 3 PC 177 N 3482029 6174 E 12220659 55 515'48'55"E ~L ~'007' .~"~. 2 o ,' ~ r,,, LOT 6 ~_.r~/~ LOT1 . -, ~ ~ ~ ~ B~ACH D~LOPM~NT  ~ MB 5 PG ~77 ~ LOT ~ ~ LOT 9 N13'48'55"W N 3481968 0092 E 12220409 0213 PACIFIC AVENUE (60' R/w) DB 283 PO 534 PLAT SHOWING A 20 FOOT WIDE ALLEY IN BLOCK 72 PLAT OF PROPERTY OF VIRGINIA BEACH DEVELOPMENT COMPANY (MB 3 PO 177) TO BE CLOSED AND VACATED AS A Pueuc RIGHT-OF-WA Y LEGEND VIRGINIA BEACH, VIRGINIA ClP 9-260 INDICATES AREA OF RIGHT-OF- WAY TO Approved: (.~~ BE CLOSED ~Oirector of~lanning 50 0 50 100 scale feet 1"= 50' Patton Harris Rust & Associates,pc Engineers Surveyors Planners Landscape Architects 195 Rosemont Road, Suite 101 Virginia Beach, VA 2,~452 T 757 497 7¢72 F 757 497 0250 -- GPIN 2428-01-5928] Dote Date Proj No 9795-1-12 Date. 5/29/03 Scale: I Acad File 1 "=50' I ALLEY. DWG Drawn/Checked JLS/POH Item VI-L. 1. - 56- APPOINTMENTS ITEM # 51486 BY CONSENSUS, Ctty Counctl RESCHEDULED the following APPOINTMENTS: BEACHES AND WA TER WA YS COMMISSION DEVELOPMENT AUTHORITY FRANCIS LAND HOUSE BOARD OF GOVERNORS HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC) PARKS AND RECREATION COMMISSION PERFORMING ARTS THEATRE AD VISOR Y COMMITTEE PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COMMITTEE- COG SHORE DRIVE ADVISORY COMMITTEE TIDEWATER REGIONAL GROUP HOME COMMISSION TO WING AD VISOR Y BOARD YOUTH SER VICES COUNCIL August 5, 2003 -57- Item VI-N~1~2 NE W BUSINESS ITEM # 5148 7 BY CONSENSUS, Ctty Clerk to record ABSTRA CT OF CIVIL CASES RESOLVED - June 2003 and July 2003 August 5, 2003 - 58- ITEM # 51488 Mayor Meyera E Oberndorf entertamed a motton to permzt C~ty Councd to conduct tts CLOSED SESSION, pursuant to Section 2 1-344(A), Code of Vzrgmza, as amended, for the followmg purpose PERSONNEL MATTERS Dtscusston, constderatton or tntervtews of prospecttve canchdates for employment, asstgnment, appointment, promotton, performance, demotton, salaries, chsctphntng, or restgnatton of spectfic pubhc officers, appointees, or employees pursuant to Section 2 2-3 711 (A) (1) To W~t Appotntments Boards and Commtsstons Beaches and Waterways Commtsston Development Authortty Francts Land House Board of Governors Hampton Roads Economtc Development Alhance Hampton Roads Plannmg Dtstrtct Commtsston Parks and Recreation Commtsston Performtng Arts Theatre Advtsory Commtttee Pubhc Library Board Revzew and Allocazton Commtttee Shore Dr~ve Advisory Committee T~dewater Regtonal Group Home Commzsszon Towtng Advisory Board Youth Services Coordtnatmg Councd Annual Revtew of Performance of Councd Appomtees Upon motton by Vtce Mayor Jones, seconded by Councdman Reeve, Ctty Councd voted to proceed tnto CLOSED SESSION (6:33 P.M.). Vottng 9-0 Councd Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Ron A Vdlanueva and James L Wood Counctl Members Vottng Nay None Councd Members Absent Peter W Schmtdt and Rosemary Wtlson (6:33 P.M. - 8:2 7 P.M.) August 5, 2003 - 59- ITEM # 51489 Mayor Meyera E Oberndorf RECONVENED the FORMAL SESSION of the VIRGINIA BEA CH CITY COUNCIL tn the Ctty Councd Conference Room, Ctty Hall Buddmg, on Tuesday, August 5, 2003, at 8 27 PM Councd Members Present Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve, Ron A Vdlanueva and James L Wood Councd Members Absent Peter W Schmtdt and Rosemary Wtlson August 5, 2003 CER TIFICA TION OF CLOSED SESSION ITEM # 51490 Upon motton by Vice Mayor Jones, seconded by Counctlman Reeve, City Counctl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc bustness matters lawfully exempt from Open Meettng requtrements by Vtrgtnta law were discussed tn Closed Session to which thts certtficatton resolutton apphes, AND, Only such pubhc business matters as were tdenttfied tn the motion convemng the Closed Sesston were heard, dtscussed or constdered by Vtrgtnta Beach Ctty Counctl Vottng 9-0 Counctl Members Vottng Aye Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Ron A Vtllanueva and James L Wood Counctl Members Vottng Nay None Counctl Members Absent Peter W Schmtdt and Rosemary Wtlson August 5, 2003 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS. The Vlrglma Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM ii 51488, page 58, and ~n accordance w~th the provisions of The Virginia Freedom of Information Act, and, WItEREAS' Section 2 2-3 711 (A) of the Code ofV~rg~ma reqmres a certification by the governing body that such Closed Session was conducted ~n conformity w~th V~rg~ma law NOW, THEREFORE, BE IT RESOLVED. That the V~rg~ma Beach C~ty Councd hereby certifies that, to the best of each member's knowledge, (a) only pubhc bus~ness matters lawfully exempted from Open Meeting reqmrements by V~rg~ma law were d~scussed ~n Closed Session to which th~s certification resolution apphes, and, (b) only such pubhc bus~ness matters as were ~dent~fied ~n the motion convemng th~s Closed Session were heard, d~scussed or considered by V~rg~ma Beach C~ty Councd City Clerk August 5, 2003 - 61 - Item VI-O AD JO URNMENT ITEM # 51491 Mayor Meyera E Oberndorf DECLARED the Ctty Counctl Meettng ADJOURNED at 9:00 P.M. Beverly 0 Hooks, CMC Chtef Deputy Ctty Clerk Ctty Clerk Meyera E OberndorJ Mayor Ctty of Vtrgtnta Beach Vtrgtnta August 5, 2003