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Home My WebLink AboutAPRIL 13, 2004 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" MAYO}? MEYbRA Ii, OBERNDORJ.: AI-Large VlCEMAfOR LOWS R. JONES. Bayside - Dis/ricf 4 HARRY E. mEZ,HL, Kempsvilfe ~ f)i,l-trie! 2 MARGARh'T L ElfRb', Centerv/lIe - f)ixtricll ImBA s. McC'lANAN, Rase Hal! - j)i.~lrict 3 IUCHARf} A. MADDOX, Reach - f)i.l'tricl6 .JIM REHVH, /'rincessAnne -/Jistriu 7 PEnR w. SCHMlm: AI-Larg!! RON A. V/LLANUEVA, AI-J,argl: /?(J,<,'EMARY W1l30N. At-I-arge .lAMES L WOOf), !-ynnhaven -District 5 .~. 1'M.l,'tlIA'B% .f~E-" '~".~ t:~~' ,Il\\ 'u ',.' " .'~' . ..1 ~ ". - . l -,'. . r::V;. , 0..... /~~"o.. "'s ..-_,-- .," Q, o~7~'1\O'/> CITY COUNCIL CITY COUNCIL AGENDA (,'FlY HALL BUILDING J 2401 COUR7'HOUSI:' f)RJV1~' VIRGINiA BEACH, ViRGINiA 23456.8005 PHONE: (757) 427-4303 FAX (757) 426.5669 EMA/L:Ctycncl@vbgov.com .JAMES K ,\'FORE, City ManuRer LESLIE 1" LlLJ,EY, Cily Attorney RUTH H()[X;ES SMITH, MM('A, City Clerk 13 April 2004 L BUDGET WORKSHOP - Conference Room 1:00 P.M. A. FY 2004-2005 RESOURCE MANAGEMENT PLAN I. Compensation - Human Resources 2. Economic Vitality 3. Safe Community II. CITY COUNCIL BRIEFING - Conference Room 3:30 P.M. A. Towing Advisory Board Louie Ochave, Chairman III. REVIEW OF AGENDA ITEMS IV. COUNCIL LlASION REPORTS V. CITY COUNCIL COMMENTS VI. INFORMAL SESSION - Conference Room 4:30 P.M. A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - Council Chamber 6:00 P.M. A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Jim Wolfcale Atlantic Shores Baptist 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 March 23, 2004 2. SPECIAL FORMAL SESSIONS March 16, 2004 March 30, 2004 G. MAYOR'S PRESENTATION I. TOP 25 DOERS, DREAMERS and DRIVERS AWARD David Sullivan, Chief Information Officer H. AGENDA FOR FORMAL SESSION I. PUBLIC HEARINGS 1. LEASE OF CITY PROPERTY a. Farmers Market Restaurant tfa Princess Anne County Grill b. Cellar Door Productions of Virginia office - 302 22nd Street c. Maritime Museum Inc - 24th Street and Atlantic Avenue 2. SPOT BLIGHT ABATEMENT a. 549 Aragona Boulevard b. 201 Green Springs Court J. CONSENT AGENDA K. ORDINANCES/RESOLUTION 1. Ordinance re spot blight abatement: a. ESTABLISH Capital Project #3-336 b. AUTHORIZE acquisition by eminent domain c. APPROPRIATE funding for the purchase 1) $100,000 549 Aragona Boulevard 2) $130,000 201 Green Springs Court 2. Ordinance to AUTHORIZE acquisition of property on Princess Anne Road from THE DARV A GROUP, LLD, re right-of-way for the Southeastern Parkway and Greenbelt; and, APPROPRIATE $700,000 for this acquisition. 3. Ordinance to AUTHORIZE acquisition of property in fee simple at Pleasure House Lake for the purposes of public park recreation and drainage, either by agreement or condemnation. 4. Ordinance to AMEND and REORDAIN S 21-321.2 of the City Code re maximum speed limits in designated neighborhoods: Acredale Baylake Pines Bayville Park Bellamy Manor Birdneck Point Brighton on the Bay Church Point Croatan Fairfield L & J Garden Lake James Lake Shores Larkspur Littleneck Milburn Manor Stratford Chase 5. Ordinances to ESTABLISH criminal penalties for failure to comply with a franchise: a. remove certain encroachments into City property within twenty four (24) hours of the expiration b. adhere to orders to close and/or ignore revocation to suspend 6. Ordinance to AMEND the Economic Development Investment Program Policy and Procedure (EDIP) and AUTHORIZE the Mayor to execute same on behalf of the City. 7. Resolution CONCURRING with the issuance by the Economic Development Authority ofthe City of Norfolk re Hospital facility revenue and refunding bonds in an amount not to exceed $350,000,000 for the benefit of Sentara Healthcare. 8. Ordinance to AUTHORIZE the City Manager to lease: a. Restaurant space to Adrianne Bennett, Scott Wilson and Joseph Faughnan, tla "PRINCESS ANNE COUNTY GRILL" at the Farmers Market b. VIRGINIA BEACH MARITIME MUSEUM, INC. for City owned land at 24th Street and Atlantic Avenue together with the "Old Coast Guard Building" c. BEACH EVENTS, a division of CELLAR DOOR PRODUCTIONS of VIRGINIA, for an office at 302 22nd Street 9. Ordinance to AUTHORIZE a temporary encroachments into portions of City owned rights-of-way: a. Redtree Court, by BAY COLONY GARDEN CLUB to construct and maintain an underground well, pump, irrigation lines, brick patio and landscaping to enhance the community aesthetics. b. Lake Rudee by GLEN A. and NICOLE WILLIAMS to construct and maintain a boat lift. 10. Ordinance to ACCEPT and APPROPRIATE $9,000 from donations to the Library Department re a foreign language materials collection. 11. Ordinance to TRANSFER $895,868 from Beach Replenishment to Rudee Inlet infrastructure improvements to enhance navigation and protect shoaling. 12. Ordinance to AUTHORIZE reimbursement to a police officer for legal fees and expenses incurred by him in his defense of a criminal charge that was dismissed by the court. L. PLANNING 1. Application of CHRISTIAN CHAPEL ASSEMBLY OF GOD for a Conditional Use Permit for a church expansion at 2751 Salem Road (CUP re private school approved January 13, 1998, never activated). (DISTRICT 7 - PRINCESS ANNE) Recommendation: APPROVAL 2. Application ofL YNNHA VEN PRESBYTERIAN CHURCH for a Conditional Use Permit for a church expansion at 136 South Lynnhaven Road. (DISTRICT 6 - BEACH) Recommendation: APPROVAL VI. INFORMAL SESSION - Conference Room 4:30 P.M. A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - Council Chamber 6:00 P.M. A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Jim Wolfcale Atlantic Shores Baptist 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 March 23,2004 2. SPECIAL FORMAL SESSIONS March 16, 2004 March 30, 2004 G. MAYOR'S PRESENTATION 1. TOP 25 DOERS, DREAMERS and DRNERS AWARD David Sullivan, Chief Information Officer H. AGENDA FOR FORMAL SESSION I. PUBLIC HEARINGS 1. LEASE OF CITY PROPERTY a. Fanners Market Restaurant t/a Princess Anne County Grill b. Cellar Door Productions of Virginia office - 302 22nd Street c. Maritime Museum Inc - 24th Street and Atlantic Avenue M. APPOINTMENTS BOARD OF BUILDING CODE APPEALS- (a) Plumbing/Mechanical (b) Building Maintenance HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE PARKS and RECREA nON COMMISSION PUBLIC LIBRARY BOARD 1. Amend Virginia Beach Code Section 17-3 2. Change Membership to reflect two (2) Students 3. Add a Representative of the Schools to the membership TOWING ADVISORY BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS 1. ABSTRACT OF CIVIL LEGAL CASES RESOLVED - February 2004 P. ADJOURNMENT *************** If you are physically disabled or visually impaired and need assistance at this meeting, please caU the CITY CLERK'S OFFICE at 427-4303 Hearing impaired. caU: TOO only 427-4305 (TDD - Telephonic Device for the Deaf) ************** Agenda 03/l3/04\sb www . vbe:ov .com 2004-2005 RESOURCE MAl'IAGEIIIENT PLAN SCUEDULE EVENT TOPIC LOCATION DATE Workshop Family & Youth Opportunities / Council Conference April 15, 2004 Cultural & Recreational Opportunities Room Public Hearing Proposed FY 2004-2005 Resource Management Salem High School April 15. 2004 Plan 6.00 PM Workshop Quality Education & Lifelong Learning Council Conference April 20, 2004 Room Public Hearing Proposed FY 2004-2005 Resource Management Council Chamber I April 20. 2004 Plan I 6:00 PM Workshop Quality Physical Environment & Quality Council Conference April 27. 2004 Orf!anization Room Workshop Reconciliation Workshop Council Conference May 6, 2004 Room Adoption of FY City Council Vote on Resource Management Plan Council Chamber May II, 2004 2004-2005 Resource Manaf!ement Plan MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia April]3, 2004 Mayor Meyera E. Oberndorf called to order the BUDGET WORKSHOP re FY 2004-2005 RESOURCE MANA GEMENT PLAN in the Council Conference Room, City Hall, on Tuesday, April]3, 2004 at] :00 P.M. Council Members Present: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorj, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Jim Reeve [Family Vacation: Out of the Country] - 2- BUDGET WORKSHOP FY 2004-2005 RESOURCE MANAGEMENT PLAN I :00 P.M. ITEM # 52440 The City Manager advised this Budget Workshop is the first of five (5) relative the FY 2004-2005 RESOURCE MANAGEMENT PLAN Correspondence from the individual Department Directors of Economic Vitality and Safe Community relative their particular Operating Budgets were distributed to City Council in their Friday package and are hereby made a part of the record. This correspondence was in lieu a presentations. COMPENSATION Mr. Fagan Stackhouse, Director - Human Resources, outlined the Total Compensation Strategy. This Strategy was implemented in July 2002 and has been a shared effort with employee advisory groups, surveys, management, market, equity and affordability. Three Year Plan addressing: Structural and Market Adjustments Compression Adjustments Merit Increases Health Care Contributions Outstanding Performance Recognition FY 02/03 FY 03/04 Number Actual Increased Number Budget Increased Employees Cost Employees Cost Market/Structural 500' $ .3 -MILLION 425 $ .2 -MILLION Compression 900" $ .525 -MILLION 1,580'" $ i.03 -MiLLION Merit 4,942**** $6.0 -MILLION 4,116***** $ 6.9 -MILLION Health Care 4,816 $/.45 -MILLION 5,2/4 $ 3.3 -MILLION Outstanding Performance 3,073 $ .225 -MILLION 2,687 $ .245-MILLION Recognuion ****** Total Compensation $85 -MILLION $1/.68 -MILLiON (These amounts are through 3/31/04) '2% adjustment "The adjustment rangedfrom $200 to $1400 "'This adjustment was based on years entitled .... 3.5% merit - FY 02/03 .....4.05% merit - FY 03/04 ......Vast majority of employees received the Class Act Awards. April 1 3, 2004 -3- BUDGET WORKSHOP FY 2004-2005 RESOURCE MANAGEMENT PLAN ITEM # 52440 (Continued) COMPENSATION (Continued) 2004 Market Survey Results Market Cities (Chesapeake, Norfolk, Portsmouth, Hampton, Newport News) 2% Structural Adjustment to all pay ranges 1,785 employeesl250 titles (estimated) One Range (5%) Market Adjustment 2% hourly rate increase for 1,056 part-time hourly employees (estimated) Compression Adjustments Based on Market Implementation To mitigate compression 1.67% (113 of the 5% pay range adjustment due to market salary survey) 1,785 employees will receive adjustments Compression does not go away with our existing system - this effort is to lessen it SUMMARY OF PROPOSED 2004105 TOTAL COMPENSATION PACKAGE Virginia Retirement System $11.4 - MILLION Compression, Market and Structural $ 2 - MILLION Merit $ 5.7- MILLION Health Care $ 2.9 - MILLION Virginia Retirement System $11.4 - MILLION Total Compensation $22 - MILLION A chart encompassing the last five years re statistics concerning the Virginia Retirement System, as well as disability amounts will be provided. Mr. Stackhouse advised, with the exception of the School system, this City is the largest VRS account in the State. The City Manager advised every region in the State has a different rate oj contribution. Comparison oj the VRS rates oj the Hampton Roads area cities shall be provided. An actuarial study is conducted re Jactors involving disability, rate of retirement, length of stay Jar employees and salary increase re each oj the cities. Then, each City receives its own rate. Most cities have increased dramatically. Schools are increasing approximately $14.5-MILLION. Catheryn Whitesell, Director - Resource Management, advised the VRS Junds are taken out oj each employee's paycheck and remitted on a monthly basis. April 13, 2004 - 4 - BUDGET WORKSHOP FY 2004-2005 RESOURCE MANAGEMENT PLAN ITEM # 52440 (Continued) COMPENSATION (Continued) Mr. Stackhouse advised a strategy is being developed relative the disability retirements and methods in which these employees can be engaged in other occupations. The State has a very liberal interpretation of "disability" retirement. The City Manager has requested methods be reviewed to address this issue. The City Manager advised last year's effort was to decompress the employees as much as affordable and the effort this year is not to exasperate the situation. This effort was outlinedfour (4) years ago. This year is for maintenance. 1,785 individuals would receive a compression adjustment while 4,300 would not. If the employee is not receiving a range adjustment, then he/she is not receiving the compression adjustment. After the adoption of the FY 2004-2005 Resource Management Plan, the step ;ystem was suggested with a comparison of both systems. Mr. Stackhouse advised the movement away from the step ,ystem was to provide a greater degree of flexibility. Mr. Stackhouse advised, regarding the ease in attracting candidates for fire positions and the challenge of attracting Police officers, he was not suggesting to disturb the parity relationship. With respect to the issue of the Deputy Sheriff positions in the Juvenile Detention Center and in relation to other area detention centers, these positions will be reviewed regarding salaries. Concerning exit interviews, Mr. Stackhouse advised the Police data is available and the Fire Department will be examined. The City Manager advised it is rare the City would lose someone to another department in the region. This City enjoys cooperative, day-to-day relationships between two (2) uniform groups, historically at one another's throats on the issue of parity. Concern was expressed relative new positions outlined in the Operating Budget at a greater level than existing personnel in parallel functions i.e. Juvenile Detention facility and Emergency Response System. Mr. Stackhouse advised the Paramedic position is a civilian job and does not have the law enforcement benefits of the Firefighters and Police Officers, who can retire with twenty-five (25) years of service at age fifty (50). The civilian side, the Paramedic, can retire at age fifty (50) with thirty years of service. The top level paramedic will require the equivalency of 2 - Y, years college and be a self-supervising individual. The City Manager advised the goal is for the City's employees to be the best compensated in the region. The City Manager advised the Virginia Retirement System is a defined benefit plan. Whether public or private, by federal law, if underfunded, contributions to the Plan must be increased. Concluding Comments Fair, objective and consistent approach toward our total compensation package Utilize employee input and advisory committees on compensation and other employee issues Balanced perspective of employee and citizen needs were key in formulating this package April 13, 2004 - 5- BUDGET WORKSHOP FY 2004-2005 RESOURCE MANAGEMENT PLAN ITEM # 52441 2:05 P.M. ECONOMIC VITALITY Catheryn Whitesell, Director - Resource Management, advised the FY 2004-2005 Resource Management Plan includes $87.3-MILLION for Economic Vitality, comprised of $73.6-MILLION in the Operating Budget and $13.7-MILLION in the Capital Budget. The Economic Vitality business area is comprised of Agriculture, Convention and Visitor Bureau, Economic Development and Housing and Neighborhood Preservation. This business area represents 5.6% of the total Operating Budget. Housing and Neighborhood Preservation: 48.60%, supported predominately by federal funding Convention & Visitor Bureau: 43.95%, includesfundingfor the new Convention Center scheduled to open in Spring 2005 Economic Development: 4. 80%,funding includes the Y, cent cigarette tax approved by City Council in the 2004 Operating Budget. Agriculture: 2. 65%. A reduction is recommended in the dedicated real estate rate to the Agriculture Reserve Program (ARP) for l-Y,~ (one and one-halfcent) to 1 ~ (one cent). This is not a reduction in the total rate but a redirection of that y,~ (one-half cent) back into the other General Fund operations. Even with the lower rate, $3-MILLION will be provided in FY 04-05 to support the Agricultural Reserve Program Revenues Other Local Support: Dedicated Taxes: Other Local Support: Federal: Parking-Related: Transfer from Major Projects Revenue: 43.25% 25.89% 43.25% 25.63% 3.34% 1.89% April 13, 2004 - 6- BUDGET WORKSHOP FY 2004-2005 RESOURCE MANAGEMENT PLAN ITEM # 52441 (Continued) ECONOMIC VITALITY (Continued) Economic Vitality - Council Goals More competitive resort destination for businesses and tourists Convention Center staffing (29.2 new positions). $l-MILLION is being provided on a one-year basis from the Major Projects Revenue Stream. Beach Street USA - Phase I. Upgrades infrastructure to enable Beach Street entertainment to operate and perform at levels acceptable to basic entertainment standards today (installation of electrical outlets, more effective lighting" installation of a music and public address system to be installed on Atlantic Avenue between 1 7" Street and 25" Street. Revitalized neighborhoods and commercial areas Affordable housing initiative - Housing First. Includes a new Homeless Coordinator position (conversion from a contracted position to a City paid staff position).Funding will be provided to purchase a new code enforcement data base that will provide a much better tracking of neighborhood zoning and code enforcement issues. CIP has fitnding to continue with a small neighborhood project started last year Continued Town Center development Town Center Phase II infrastructure. Growing local economy Development at Princess Anne Commons. Recently construction started at the Life Net facility west of the Farmers Market. Sentara Health System has purchased 72 acres of land across Princess Anne Road to build a health care campus and eventually a new hospital. This represents a private investment of over $130-MILLION and will create over 1600 new jobs. The Operating Budget does allow some cross walks to provide beach access along that area of Shore Drive. Citizens were concerned relative benefits derived from the Tourism Growth Investment Funds [TGIF]. James "Jim" Ricketts, Director - Convention and Visitors Bureau, advised the Tourism Advertisingfunds are derivedfrom the $1.00 per room night tax initiated to be more competitive for advertising and then shifted over an existing 1- ~% hotel tax and then there is some miscellaneous revenue from the Visitor Information Center, but the bulk isfrom hotel taxes and ~ percent restaurant tax April 13, 2004 - 7- BUDGET WORKSHOP FY 2004-2005 RESOURCE MANAGEMENT PLAN ITEM # 52441 (Continued) ECONOMIC VITALITY (Continued) Concerning the Farmers Markets throughout the City, Jack Whitney, Director of Agriculture, advised this was actively being pursued last year; and, this past Winter, a site was located with five farmers initially interested in participating; however, weather these past few years has not been friendly to the farmers so they were not in a position to have sufficient produce to participate. This year the Department has been more aggressive in soliciting interest. A location was identified at the intersection of Shore Drive and Great Neck, which would afford at least a one year opportunity Donald Maxwell, Director of Economic Development, advised the Economic Development Investment Program (EDIP) funds remain constant. Essentially $2.4-MILLION will be coming on July Fourth, of which $]-MlLLJON is committed this year for the Town Center projects; therefore, $1. 4 MILLION will be utilized for the basic businesses. The recommendation may not be to go into the strategic growth areas this year but to continue programs available. The !I, cent tax is being maintained and placed into the Economic Development Department. The overall department budget will decrease approximately $89,000. The net result actually decreased $45,000 because of Information Technology and various other charges. $45,000 will have to be cutfrom the promotion and marketing campaign. Mr. Maxwell advised he was not aware of any financial incentives by the City to any retail or restaurant establishment re location. Mrs. Whitesell advised relative the revenue streams for the major projects, the restaurant and meal taxes are doing well and on line with the projectiorIS. The project stream is held predominately for two issues; unresolved Theatre issue (there is a commitment to back the $35-MILLION debt) and a $10-MILLION assumption of State funds. The revenue projects are coming in as anticipated. Relative the Agricultural Reserve Program (ARP) purchases. the rights remain in perpetuity. April 13, 2004 -8- BUDGET WORKSHOP FY 2004-2005 RESOURCE MANAGEMENT PLAN 2:28 P.M. ITEM # 52442 SAFE COMMUNITY Catheryn Whitesell, Director - Resource Management, advised the FY 2004-2005 Resource Management Plan includes SI67.8-MILLIONfor Safe Community, comprised of approximately SI60-MILLION in the Operating Budget and approximately S8.3-MILLION in the Capital Budget, Safe Community is comprised: Commonwealth's Attorney Community Corrections Court & Court Support Emergency Medical Services Fire Police Sheriff Funding 3.65% 0.38% 3.12% 3.87% 22.71% 48.14% 18.13% In addition to the funding available through the Operating Budget, there are additional projects approved in the Capital Improvement Program [CIP). The Safe Community business area is supported primarily by local funding; however, this unit does receive S22.1-MILLION from the State generally in the form of reimbursement for the Commonwealth's Attorney's office and the Sheriff's department, Safe Community - Council Goals Safe and inviting environment for families: 24 hours Emergency Response System (ERS) enhancements Ten (10) additional Police Officers Fire and Rescue stations Correctional Center stafjing Juvenile Detention Center open ion Charles Meyer, Chief Operating Officer, advised several weeks ago Councilman Schmidt suggested. and the City Council concurred with moving forward to hire the Paramedics, Pending a review of position placements in the salary schedule, the advertising was delayed. ERS wishes to have staff on hand by at least July First, An interim report will be presented to the City Council in May. Procedures have been developed relative the continuum of care by which the Fire Fighters with higher levels of Emergency Medical Technician training will be more readily available to utilize those skills off the fire equipment and meet the needs of the Medical Director, Incident command is another issue and an agreement has been worked out between Fire and Emergency Medical Service to enable the first service on the scene to assume "incident command" and optionally command could be shifted, Charles Meyer, Chief Operating Officer, wished to have with at least three (3) to six (6) Advanced Life Support (ALS) "engines" with ALS Firefighters in place by July First and then ten (/0) by FY July 2005, Funds have been placed in the Operating Budget to provide additional compensation for Firejighters who choose to operate at the Paramedic level. April 13, 2004 -9- BUDGET WORKSHOP FY 2004-2005 RESOURCE MANAGEMENT PLAN ITEM # 52442 (Continued) SAFE COMMUNITY (Continued) As per request of City Council, Charles Meyer, Chief Operating Officer, will present the interim report relative the Emergency Response System [ERS] at the first City Council Meeting in May. Sheriff Paul Lanteigne advised the opening of the Correction Center addition, encompassing an additional 624 beds, 312 of which are rated for double bunking. is included in the Operating Budget. The current facility houses approximately 1400 inmates, with the Correction Center only rated for 590. When the new facility is opened, it will be more than 100% capacity, but not the 200% plus capacity as it is currently. Budget Highlights Staffing increases and related equipment are funded in this budget for the new addition. Ten (10) maintenance Deputy positions were converted from the approved Compensation Board positions to City positions consistent with state law. This will allow the positions authorized by the Compensation Board to revert back to the Courts and the Jail. Inmates will paint the entire jail addition which will save the taxpayers in excess of$250,000 An accounting position was added to increase the Inmate Fee Collection, such as Jail Per Diem and Weekender Fees. The Sheriff's Department has been able to absorb last yea's budget cuts from the State without requesting City junding; however, additional cuts jimn the State would further diminish their ability to maintain a safe and secure environment. Part time Court Security personnel are underpaid when compared to other part-time City positions. Correctional Cettter Annex and Work Force Facility - These facilities are old and in constant need of repair. A nnual lease payments for the annex exceed $230,000. With the construction of a City-ownedfacility, these costs could be recouped within several years. Sworn Deputies on City Pay Plan - For several years, the City has had discussions regarding moving sworn personnel to the City pay plan. While on the State plan, sworn personnel have been limited to three (3) merit adjustments in the past twelve (12) years. The State's compensation for the Deputy Sheriff position is $23,800 per year. Sheriff Lanteigne expressed appreciation to the City Council for their supplements, as he could not hire anyone to perform the Deputy Sheriff's duties for $23,800 per year. The State only compensates their State Troopers, $29,000 per year. April 13, 2004 -10 - BUDGET WORKSHOP FY 2004-2005 RESOURCE MANAGEMENT PLAN ITEM # 52442 (Continued) SAFE COMMUNITY (Continued) Deputy Police Chief James Cevera advised: currently six (6) Officers were transferred from each Precinct, including the Second Precinct, for Summer operations (Oceanfront). The second transfer will be confined to School Resource Officers in mid May. The School Resource Officers (SROs) to be transferred do not work the Street on a normal basis. Those Officers delegated to the Oceanfront are not deleted from other Precincts. The First Precinct will be negative six (6) Officersfor the whole Summer. Eventually twenty-five (25) Officers will be assigned strictly to Oceanfront operations. Therefore, by the following summer from the other Precincts, two (2) officers per precinct will be transferred to assist and then just the School Resource Officers (SROs) will be transferred. Commonwealth's Attorney Harvey L. Bryant advised that, unfortunately, the services currently being provided by his office in the area of Consumer Protection and awareness (Consumer Affairs Division) will no longer be funded. Although this division provides a tremendous service to our citizens, these services do not directly contribute to the basic mission of criminal prosecutions. Approximately $300,000 to $312,000 a year would be required to retain this Division, which is approximately the amount offunds in terms of rebates and settlements recovered for the citizens on an annual basis. When funding is reduced, these services must take a lower priority. Similar services are available from the State, although, they will not be as timely and accessible nor have the same quality as those provided by the Consumer Affairs Division of his office. His first priority is to ensure that his office is able to meet the prosecution needs of Virginia Beach. With the assumption of the city misdemeanor caseload and the resumption of domestic violence cases, the Commonwealth's Attorney's office has one of the largest workloads in the State. Projections are that this could reach 1,400 new cases and 1,300 probation violation hearings in this fiscal year. April 13, 2004 -1J - CITY COUNCIL BRIEFING TOWING ADVISORY BOARD 3:30 P.M. ITEM # 52443 Louie Ochave, Chair - Towing Advisory Board, presented the Report and recommendations of the Towing TOWING ADVISORY BOARD. Mr. Ochave introduced other members of the Board present: Henry Ryto Vice Chair Karen Barnard Steven Cowan Police Captain Ken Lowe Art Walker Barbara Yates. Types of Tows Persons requesting services for themselves (consensual) Police directed tows From an accident scene Illegally parked vehicles on City streets or City owned parking facilities Parking violations from private properties (non-consensual) The purpose of the Towing Advisory Board is to provide City Council with concerns and recommendations relating to towing issues for non-consensual tows from private property. The issues discussed entailed: rates for tows; customer service delivery of the towing industry and acceptance of credit cards by Tow Operators. Current Authorized Rates Tows Storage after First 24 hours) $ 75 (<11,000 lbs.) $285 (>11,OOllbs.) $15/day (<l1,OOOlbs.). $20/day (>l1,OOllbs.) Title Search Fee Drop Fee $ 50 $25 April] 3, 2004 -12 - CITY COUNCIL BRIEFING TOWING ADVISORY BOARD ITEM # 52443 (Continued) Customer service perceptions include: rude and impolite operators, illegitimate tows and an overall negative image. Is there a problem? No complaint procedures are in place to address private tow complaints How does the Towing Advisory Board quantifY and qualifY the problems? CREDIT CARDS ADVANTAGES DISADVANTAGES Use in place of cash for the person not having Tow Operators may have to: cash on hand or able to retrieve cash quickly purchase manual imprinters or scanners ($80 and $1200 respectively) incur additional expense for credit cards ($.75 to $1.55) Comply with different rules depending on credit card company Could possibly prevent a bad situation from Customers can claim they were using the credit getting worse card under "duress" to retrieve their vehicle and contact them to dispute the charges The disputed amount is automatically taken from the merchant's account until resolved (60 to 90 days). Some banks charge the merchant a fee when a charge is disputed (up to $25) The City cannot mandate credit card use RECOMMENDATIONS Adopt an ordinance that would require tow operators to advise customers of Comment/Survey Form City Council to direct resources to receive customer feedback and review the circumstances and provide analytical reports Consider a Registration requirement for businesses wanting to contract with tow firm Tow fees be adopted as presented in 2002 Not pursue the use of credit cards by tow operators Prior to the end of the calendar year, the Board would return to City Council with additional information and recommendations April 13, 2004 - 13- CITY COUNCIL BRIEFING TOWING ADVISORY BOARD ITEM # 52443 (Continued) Proposed Rate Increase Towing Storage Fee $85 $20 The Towing Advisory Board will review the complaint data received from this Summer's season and perform additional analysis on the costs associated with this industry. Additional information and recommendations shall be presented to City Council b~fore December 31,2004. Copies of the presentation shall be distributed to City Council. April]3, 2004 - 14- AGE N DA REV I E W S E S S ION 3:55 P.M. ITEM # 52444 K.I. Ordinance re spot blight abatement: a. ESTABLISH Capital Project #3-336 b. AUTHORIZE acquisition by eminent domain c. APPROPRIA TE funding for the purchase $100,000 549 Aragona Boulevard $130,000 20lGreen Springs Court Andrew Friedman, Director - Housing and Neighborhood Preservation, advised the owner relative the property located at 549 Aragona Boulevard has not cured the blight nor submitted a reasonable plan to cure it. It is the City's plan for the disposition of the property (i. e. acquire the Property by condemnation and resell the property under terms which ensure the property is rehabilitated in accordance with the City Zoning Ordinance, the Comprehensive Plan and other applicable land use regulations). The major problem for the property at 201 Green Springs Court is interior repair. The goal would be to place this property for bid to ensure the best price for the City and the property. Deputy City Attorney William Macali advised there is definite advantages to the City acquiring the property rather than having a tax sale. Tax sales do not afford the opportunity to require anything of the purchaser. If the City purchases the property at condemnation, the City can stipulate that it will be sold afler rehabilitation to a qualified owner/occupant. When the bids are received on the property, City Council will have the right of decision relative to whom the property is to be sold. The City Staff cannot dispose of property, without the approval of City Council. ITEM # 52445 K.2. Ordinance to AUTHORIZE acquisition of property on Princess Anne Roadfrom THE DARV A GROUP, LLD, re right-ofway for the Southeastern Parkway and Greenbelt; and, APPROPRIATE $700,000 for this acquisition. Council Lady McClanan requested a list of the property owners be provided. James C. Lawson, Public Works - Real Estate, advised Hans Copeland is the principal of the DAR VA Corporation, the contract purchasers of the property from Pioneer Development Corporation - Rene Tugbank. April 13, 2004 - 15 - AGE N DA REV IE W S E S S ION ITEM # 52446 K.4. Ordinance to AMEND andREORDAIN S 21-321.2 of the City Code re maximum speed limits in designated neighborhoods: Acredale Bayville Park Birdneck Point Church Point Fairfield Lake James Larkspur Milburn Manor Baylake Pines Bellamy Manor Brighton on the Bay Croatan L & J Garden Lake Shores Littleneck Stratford Chase John Herzke, Traffic Engineer, advised the staff has a dedicated Traffic Calming program which goes through a series of steps which entail speaking with the Civic League to provide education relative the program. Speed studies will be conducted and select police enforcement will be requested. There are approximately thirty-three (33) to thirty-five (35) neighborhoods in the program. Mr. Herzke will provide the correct number. Council Lady McClanan will vote NA Y on this item. ITEM # 52447 K. 8. Ordinance to A UTHORIZE the City Manager to lease: a. Restaurant space to Adrianne Bennett, Scott Wilson and Joseph Faughnan, tla PRINCESS ANNE COUNTY GRILL" at the Farmers Market b. VIRGINIA BEACH MARITIME MUSEUM, INC. for City owned land at 24th Street and Atlantic Avenue together with the "Old Coast Guard Building" c. BEACH EVENTS, a division of CELLAR DOOR PRODUCTIONS of VIRGINIA, for an office at 302 22nd Street Jack Whitney, Director of Agriculture, advised the leased space rate for the Farmers Market is $750 a month, but he will have to provide information relative the per square foot rate. Council Lady Wilson advised the old Beach Library and Health Care Clinic is located at 302 22"<1 Street and thus this is a historic building located in a prime location. Council Lady Wilson has concerns relative renting this prime property at the Oceanfront for $1.00 per year. April 13, 2004 -16 - AGE N DA REV IE W S E S S ION ITEM # 52448 K.ll. Ordinance to TRANSFER $895,868 from Beach Replenishment to Rudee Inlet infrastructure improvements to enhance navigation and protect shoaling. Philip Roehrs, Beach Management - Public Works, advised relative the alternatives and the scope reduction requiring deletion of the north jetty extension. This would encompass slightly over $1-MILLION. The consultants have advised there is a serious problem with shortening the extension as more sand will tend to come in around the jetty. The shoaling problem at the mouth of the Inlet could be compounded. ITEM # 52449 MI. Application of CHRISTIAN CHAPEL ASSEMBLY OF GOD for a Conditional Use Permit for a church expansion at 2751 Salem Road (CUP re private school approved January 13, 1998, never activated). (DISTRICT 7 ~ PRINCESS ANNE) Mayor Oberndorf referenced the memorandum from Robert Scott, Director of Planning. This is in the 75 plus decibel area, the Navy opposes this application. This item will be discussed during the Formal Session. ITEM # 52450 M2. Application of LYNNHAVEN PRESBYTERIAN CHURCH for a Conditional Use Permit for a church expansion at 136 South Lynnhaven Road. (DISTRICT 6 - BEA CH) Mr. Scott advised the Navy did not object to the application of Lynnhaven Presbyterian Church for a Conditional Use Permit for a church expansion. The Planning Commissioner specifically asked the Navy why they were opposing one church and not the other. Councilman Maddox advised this is not an attempt to increase the size of the congregation. This church was constructed in 1917 and their only intent is to accommodate more comfortably the congregation already established. ITEM # 52451 BY CONSENSUS, the following shall compose the CONSENT AGENDA: ORDINANCES/RESOLUTION K.1. Ordinance re spot blight abatement: a. ESTABLISH Capital Project #3-336 b. AUTHORIZE acquisition by Eminent Domain c. APPROPRIATEfundingfor the purchase $100,000 549 Aragona Boulevard $130,000 201 Green Springs Court April 13, 2004 -17 - AGENDA RE VIE W SESSION ITEM # 5245I (Continued) K.2. Ordinance to AUTHORIZE acquisition of property on Princess Anne Road from THE DARVA GROUP, LLD, re right-of way for the Southeastern Parkway and Greenbelt; and. APPROPRIATE $700,000 for this acquisition. K.3. Ordinance to AUTHORIZE acquisition of property in fee simple at Pleasure House Lake for the purposes of public park recreation and drainage, either by agreement or condemnation. K.4. Ordinance to AMEND and REORDAIN 321-321.2 of the City Code re maximum speed limits in designated neighborhoods: Acredale Bayville Park Birdneck Point Church Point Fairfield Lake James Larkspur Milburn Manor Baylake Pines Bellamy Manor Brighton on the Bay Croatan L & J Garden Lake Shores Littleneck Stratford Chase K.5 Ordinances to ESTABLISH criminal penalties for failure to comply with a franchise: a. remove certain encroachments into City property within twenty four (24) hours of the expiration b. adhere to orders to close and/or ignore revocation to suspend K.6. Ordinance to AMEND the Economic Development Investment Program Policy and Procedure (EDIP) and AUTHORIZE the Mayor to execute same on behalf of the City. K. 7. Resolution CONCURRING with the issuance by the Economic Development Authority of the City of Norfolk re Hospital facility revenue and refunding bonds in an amount not to exceed $350,000,000 for the benefit of Sentara Healthcare. April 13, 2004 - 18- AGE N DA REV IE W S E S S ION ITEM # 52451 (Continued) K.8. Ordinance to AUTHORIZE the City Manager to lease: a. Restaurant space to Adrianne Bennett, Scott Wilson and Joseph Faughnan, tla PRINCESS ANNE COUNTY GRILL" at the Farmers Market b. VIRGINIA BEACH MARITIME MUSEUM, INC. for City owned land at 24th Street and Atlantic Avenue together with the "Old Coast Guard Building" c. BEACH EVENTS, a division of CELLAR DOOR PRODUCTIONS of VIRGINIA,for an office at 302 22ml Street K.9. Ordinance to AUTHORIZE temporary encroachments into portions of City owned rights-(}f way: a. Redtree Court, by BA Y COLONY GARDEN CLUB to construct and maintain an underground well, pump, irrigation lines, brick patio and landscaping to enhance the community aesthetics. b. Lake Rudee by GLEN A. and NICOLE WILLIAMS to construct and maintain a boat lift. KIO. Ordinance to ACCEPT and APPROPRIATE $9,000 from donations to the Library Department re a foreign language materials collection. KII. Ordinance to TRANSFER $895,868 from Beach Replenishment to Rudee Inlet infrastructure improvements to enhance navigation and protect shoaling. Ki2. Ordinance to AUTHORIZE reimbursement to a Police Officer for legal fees and expenses incurred by him in his defense of a criminal charge that was dismissed by the Circuit Court. April 13, 2004 - 19- AGE N DA REV I E W S E S S ION ITEM # 52451 (Continued) PLANNING M.2. Application of LYNNHAVEN PRESBYTERIAN CHURCH for a Conditional Use Permit for a church expansion at 136 South Lynnhaven Road. (DISTRICT 6 - BEACH) Council Lady McClanan will vote NAY on Item K.4. Councilman Villanueva will vote NAY on Item K.5. April 13. 2004 - 20- ITEM # 52452 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2. I -344(A), Code of Virginia, as amended, for thefollowing purpose: PERSONNEL MA TTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-371 I (A) (1). Appointments: To Wit: Appointments: Boards and Commissions: Board of Building Code Appeals - (a) Plumbing/Mechanical (b) Building Maintenance Hampton Roads Economic Development Alliance - HREDA Health Services Advisory Board Historical Review Board Open Space Committee Parks and Recreation Commission Public Library Board Towing Advisory Board PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, the disposition of publicly- held property, plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.2-3711(A)(3). Acquisition/Disposition of Property - Beach District Princess Anne District LEGAL MATTERS: Consultation with legal counselor briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2.2-3711 (A)(7). Julie Pickell v. City of Virginia Beach PUBLIC CONTRACT: Discussion or consideration by a re;ponsible public entity or an affected local jurisdiction, as those terms are defined in Section 56-557, of confidential proprietary records excludedfrom this chapter pursuant to Section 2.2- 3705(A)(56) AND Discussion of the award of a public contract involving the expenditure of public funds; and, discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body. Contractual Negotiation: Town Center - Block 8 31 s Street April 13, 2004 - 21- ITEM # 52452 (Continued) Upon motion by Councilman Schmidt. seconded by Councilman Wood, City Council voted to proceed into CLOSED SESSION (5:40 P.M.). Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan. Richard A. Maddox, Mayor Meyera E. Oberndorf, Peter W. Schmidt, Ron A. Villanueva, Rosemmy Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: Jim Reeve (Closed Session: 4:40 P.M. - 5:40 P.M.)(Dinner: 5:40 P.M. - 6:00 P.M.) April 13, 2004 -22- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL April 13, 2004 6: 10 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, AprilI3, 2004. at 6: 10 PM Council Members Present: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Jim Reeve [Family Vacation: Out of the Country) INVOCATION: Vice Mayor Louis R. Jones PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accountingfirm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the offiCial records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson '.I' letter of January 27.2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agendafor each meeting of City Councilfor the purpose of identifYing any matters in which she might have an actual or potential conjlict. If, during her review she identifies any matters, she will prepare andfile the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes ths disclosure. Council Lady Wilson '.I' letter of January 27,2004, is hereby made a part of the record. April 13, 2004 - 23- Item V-E.!. CERTIFICATION OF CLOSED SESSION ITEM # 52453 Upon motion by Councilman Schmidt, seconded by Councilman Wood, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Margaret 1. Eure, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: Reba S. McClanan and Jim Reeve April 13, 2004 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 52452, page 20, and in accordance with the provisions of The Virginia Freedom ofInformation Act; and, WHEREAS: Section 2.2-3711 (A) ofthe Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. R h Hodges SmIth, MMC ity Clerk April 13, 2004 - 24- Item V-E 1. MINUTES ITEM # 52454 Upon motion by Council Lady Wilson, seconded by Council Lady Eure, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of March 23, 2004, SPECIAL FORMAL SESSIONS of March 16, 2004 and March 30, 2004. Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Reba S. McClanan and Jim Reeve April]3, 2004 - 25- Item V-G. I. MAYOR'S PRESENTATION ITEM # 52455 Mayor Oberndorfintroduced Susan Benton, Director, Strategic Initiatives Center for Digital Government, to present the award on behalf of the Center for Digital Government and Government Technology magazine to the City's own David Sullivan, Chief Information Officer, recognizing his selection as one of the 25 Doers, Dreamers and Drivers in the United States David Sullivan Top 25 Doers, Dreamers and Drivers Award Susan Benton advised Governor Warner and three other Virginians were selected and named to Government Technology Magazine's Top 25 list. - Doers, Dreamers and Drivers, which hails those who improve services and save money. David Sullivan whose department supports approximately 6,000 employees and 3,800 workstations, recently added a live help feature - available during business hours - to the Virginia Beach Web site: www.vbf!ov.com. In November 2003, the City's web site broke 500.000 user sessions per month. Other changes that Mr. Sullivan plans to implement are a citywide 311 system, a human resources payroll system and a tax and revenue 'ystem. Mr. Sullivan is one of the best business executives in City government across the United States today. April 13, 2004 -26- Item V-G.2. MAYOR'S INTRODUCTION ITEM # 52456 Mayor Oberndorf introduced the following Boy Scout in attendance to earn his merit badge in government: BOY SCOUT TROOP 481 Sponsored by: Aidan's Episcopal Church Jeff Heckleman April 13, 2004 - 27- Item V-H.1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 52457 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION April 13, 2004 - 28- Item V-LI. PUBLIC HEARING ITEM # 52458 Mayor Oberndorf DECLARED A PUBLIC HEARING: LEASE OF CITY PROPERTY a. Farmers Market Restaurant tla Princess Anne County Grill b. Cellar Door Productions of Virginia office - 302 22"d Street c. Maritime Museum Inc - 24th Street and Atlantic Avenue There being no speakers, Mayor OberndorfCLOSED THE PUBLIC HEARING April 13, 2004 -29- Item V-I.2.a. PUBLIC HEARING ITEM # 52459 Mayor Oberndorf DECLARED A PUBLIC HEARING: SPOT BLIGHT ABATEMENT 549 Aragona Boulevard The following registered in SUPPORT: Dale Feltes, 908 Royal Day Close, Phone; 340-7106, President - South Hampton Roads Habitat for Humanity, supported condemnation and advised funds are available to purchase the property and construct the home. There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING April 13. 2004 - 30- Item V-I.2.b. PUBLIC HEARING ITEM # 52460 Mayor Oberndoif DECLARED A PUBLIC HEARING: SPOT BLIGHT ABATEMENT 201 Green Springs Court Thefollowing registered in SUPPORT: Bruce A. Kastel, 204 Green Springs Court, Phone: 486-6528, adjacent resident Deborah H Waters, 5145 Free Union Church and, Pinetown, North Carolina 27865, Phone: (252) 944-0133, sister of the property owner, Norma H Latham Mrs. Waters requested the property be sold to her and she will rehabilitate same for an immediately resell after which she will use the proceeds to provide for the long term care of her Sister, Norma Norma H Latham, Property owner, 201 Green Springs Court, Phone: 631-2187, advised conferring with the Eastern Virginia Legal Aid Society - Senior Law Center. Mrs. Latham advised she will be eligible for a reverse mortgage on her 62"'1 Birthday. Attorney Mary Donahue, Eastern Virginia Legal Aid Society - Senior Law Center, represented Mrs. Latham, who has a history of manic depression and bi-polar disorder. This Center represents residents of the four (4) Tidewater cities in civil matters. Attorney Donahue advised Mrs. Latham has had two or three Class A licensed contractors review the house and present their contractural suggestions and recommendations. Interim financing should be arranged, if aj]ordable. A reverse mortgage could be obtained. Since Mrs. Latham owns the house, she might qualifY for one of' the reverse mortgages that is paid oj] upon one's death, or when the property is sold. Prompt action should be taken and Attorney Donahue requested an extension. There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. April 13, 2004 - 31 - Item V-K. ORDINANCES/RESOLUTION ITEM # 52461 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council APPROVED in ONE MOTION Ordinances/Resolution 2,3,4,.5,6,7, 8a/b, 9alb, 10, II and 12. (if the CONSENT AGENDA. Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Jim Reeve and Peter W Schmidt Council Lady McClanan voted a VERBAL NAY on Item K.4 (maximum speed limits) Councilman Villanueva voted a VERBAL NA Y on Item K.5. (criminal penalties for failure to comply with afranchise) Councilman Schmidt had to leave to prepare for medical tests scheduled for early Wednesday morning. April 13, 2004 - 32- Item V-K.l/a.b.c. ORDINANCES/RESOLUTION ITEM # 52462 Andrew Friedman, Director - Housing and Neighborhood Preservation, advised the history of Norma Latham's case (201 Green Springs Court) indicates shefirst received notice of the proposed condemnation in October 2003. Mrs. Latham did not provide an acceptable plan in timefor staff review for the repair of her property, including the house. Rehabilitation assistance was provided by the City and others. If Mrs. Latham does manage to commence repairs, secure financing and employ a contractor, then the process of condemnation could be stopped. Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: Ordinances re spot blight abatement: a. ESTABLISH Capital Project #3-336 b. AUTHORIZE acquisition by eminent domain c. APPROPRIA TE funding for the purchase $100,000 549 Aragona Boulevard $130,000 201 Green Springs Court" "Relative the property at 201 Green Springs Court, (City Staff [Housing & Neighborhood Preservation] shall have the discretion to cancel if owner provides appropriate plan in timely manner) Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Jim Reeve and Peter W Schmidt April 13. 2004 1 AN ORDINANCE AUTHORIZING THE ACQUISITION 2 OF PROPERTY LOCATED AT 549 ARAGONA 3 BOULEVARD AND APPROPRIATING $100,000 TO 4 CAPITAL IMPROVEMENT PROJECT #3-336 (SPOT 5 BLIGHT ABATEMENT) 6 7 8 WHEREAS, on March 10, 2004, in accordance with Virginia Code 9 Section ~36-49,1:1, and following a public hearing, the Virginia 10 Beach Planning Commission made the following findings regarding the 11 property located at 549 Aragona Boulevard, in the City of Virginia 12 Beach (GPIN 1477 18 3024) (the "Property") 13 1. That the Property is blighted, within the meaning 14 of Virginia Code Section ~36-49; 15 2 . That the owner of the Property has failed to cure 16 the blight or present a reasonable plan to do so; 17 3. That the plan for the repair or other disposition 18 of the Property is in accordance with the 19 Comprehensive Plan, City Zoning Ordinance and other 20 applicable land use regulations; and 21 4. That the Property is not located within an area 22 listed on the National Register of Historic Places; 23 and 24 WHEREAS, the Planning Commission recommended that the City 25 Council approve the plan presented by the Department of Housing and 26 Neighborhood Preservation for the repair or other disposition of 27 the Property, to-wit: that the Property should be acquired by means 28 of eminent domain, the existing structure demolished, and the 29 property resold to South Hampton Roads Habitat for Humanity, Inc., 30 a similar not-for-profit organization, or other entity, which will 31 construct a new single-family dwelling on the Property. As part of 32 the transaction, the City will provide that the Property will be 33 sold to a qualified owner-occupant after construction; and 34 WHEREAS, the Property has been condemned for human habitation 35 for a period in excess of one (1) year; 36 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 37 CITY OF VIRGINIA BEACH, VIRGINIA: 38 FIRST 39 That the City Council hereby affirms the aforesaid findings 40 and recommendations of the Planning Commission; 41 SECOND 42 That the City Council hereby finds that the Property should be 43 acquired by the City for the preservation of the safety, health, 44 peace, good order, comfort, convenience and welfare of the people 45 of the City of Virginia Beach and other related public purposes, 46 and hereby authorizes the acquisition of the Property in fee simple 47 by purchase or condemnation pursuant to Section 36.49.1:1 and 48 Chapter 2 (~25.1-200 et. seq.) of Title 25.1 of the Virginia Code; 49 THIRD 50 That the City Manager is hereby authorized to make, or cause 51 to be made on behalf of the City of Virginia Beach, to the extent 52 that funds are available, a reasonable offer for the purchase of 53 the Property to the owners or persons having an interest in the 54 Properties. If such offer is refused, the City Attorney is hereby 55 authorized to institute and prosecute proceedings to condemn the 56 Property; 2 57 58 FOURTH 59 60 That upon acquisition of the Property, the City shall demolish 61 the existing structure and resell the Property for purposes of 62 reconstruction to South Hampton Roads Habitat for Humanity, Inc., a 63 similar not-for-profit with organization or other entity, 64 appropriate provisions in any such contract of sale to ensure that 65 a new single-family dwelling will be timely constructed on the 66 Property and the Property thereafter sold to a qualified owner- 67 occupant; 68 FIFTH 69 That $100,000 is hereby appropriated to Capital Improvement 70 Project #3-336 (Spot Blight Abatement), and estimated revenue from 71 Sale of Property-Spot Blight is hereby increased by $100,000. 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 Clty Attorney's Office Adopted by Virginia, on the the 13 Council day of of the April City of Virginia , 2004. Beach, CA-9209 Aragona ordin.doc R-1 April 1, 2004 Appro Approved As To Content: Approved As To Legal Sufficiency: , 3 1 2 3 4 5 6 7 8 AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY LOCATED AT 201 GREEN SPRINGS COURT AND APPROPRIATING $130,000 TO CAPITAL IMPROVEMENT PROJECT #3-336 (SPOT BLIGHT ABATEMENT) WHEREAS, on March 10, 2004, in accordance with Virginia Code 9 Section ~36-49.1:1, and following a public hearing, the Virginia 10 Beach Planning Commission made the following findings regarding the 11 property located at 201 Green Springs Court, in the City of 12 Virginia Beach (GPIN 1487-21-0100) (the "Property"): 13 1. That the Property is blighted, within the meaning 14 of Virginia Code Section ~36-49; 15 2. That the owner of the Property has failed to cure 16 the blight or present a reasonable plan to do so; 17 3. That the plan for the repair or other disposition 18 of the Property is in accordance with the 19 Comprehensive Plan, City Zoning Ordinance and other 20 applicable land use regulations; and 21 4. That the Property is not located within an area 22 listed on the National Register of Historic Places; 23 and 24 WHEREAS, the Planning Commission recommended that the City 25 Council approve the plan presented by the Department of Housing and 26 Neighborhood Preservation for the repair or other disposition of 27 the Property, to-wit: that the Property should be acquired by the 28 City of Virginia Beach through eminent domain and resold for 29 purposes of rehabilitation to a qualified builder or developer 30 through a proposal process, and that as part of the transaction, 31 the City will provide that the Property will be thereafter sold to 32 a qualified owner-occupant after construction is completed; and 33 WHEREAS, the Property has been condemned for human habitation 34 for a period in excess of one (I) year; 35 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 36 CITY OF VIRGINIA BEACH, VIRGINIA: 37 FIRST 38 That the City Council hereby affirms the aforesaid findings 39 and recommendations of the Planning Commission; 40 SECOND 41 That the City Council hereby finds that the Property should be 42 acquired by the City for the preservation of the safety, health, 43 peace, good order, comfort, convenience and welfare of the people 44 of the City of Virginia Beach and other related public purposes, 45 and hereby authorizes the acquisition of the Property in fee 46 simple by purchase or condemnation pursuant to Section 36.49,1:1 47 and Chapter 2 (~25.1-200 et. seq.) of Title 25.1 of the Virginia 48 Code; 49 THIRD 50 That the City Manager is hereby authorized to make, or cause 51 to be made on behalf of the City of Virginia Beach, to the extent 52 that funds are available, a reasonable offer for the purchase of 53 the Property to the owners or persons having an interest in the 54 Properties. If such offer is refused, the City Attorney is hereby 55 authorized to institute and prosecute proceedings to condemn the 56 Property; 2 57 FOURTH 58 59 That upon acquisition of the Property, the City shall resell 60 the Property for purposes of rehabilitation to a qualified builder, 61 developer or other entity, with appropriate provisions in any such 62 contract of sale to ensure that the property will be timely 63 rehabilitated or reconstructed and thereafter sold to a qualified 64 owner-occupant; 65 FIFTH 66 That $130,000 is hereby appropriated to Capital Improvement 67 Project #3-336 (Spot Blight Abatement), and estimated revenue from 68 Sale of Property-Spot Blight is hereby increased by $130,000. 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 Adopted by Virginia, on the the 13 Council day of of the City of A9ril Virginia , 2004. Beach, CA-9208 GreenSpringsordin.doc R-3 April 1, 2004 Approved As To Content: I. J fllJJJili~ Ho ing nd Neighborhood Preservation Approved As To Content: ~('~Q. ~~~ Management Services Approved As To Legal M/i;~: 'Itl-~ City Attorney's Office 3 - 1 2 3 AN ORDINANCE TO ESTABLISH CAPITAL PROJECT #3-336 FOR THE PURPOSE OF SPOT BLIGHT ABATEMENT 4 WHEREAS, under the circumstances set forth in Section 36- 5 49.1: 1 of the Virginia Code, the City of Virginia Beach is 6 authorized to acquire, by eminent domain, properties that are 7 determined by the City Council to be blighted; and 8 WHEREAS, the establishment of a Capital Project is the most 9 efficient and effective means of funding the acquisition, 10 maintenance and resale of such properties; 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 1. That Capital project #3-336, "Spot Blight Abatement," is 14 hereby established. in the capital budget for the purpose of 15 acquiring properties determined to be blighted pursuant to Virginia 16 Code Section 36-49.1:1 and for the purpose of funding any necessary 17 actions taken to maintain and sell such properties. 18 19 Adopted by the Council of the City of Virginia Beach, Virginia 20 on the 11 day of lIpri 1 2004. 21 22 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUw~;Vl~d- City Attorney's Office Depar me of Housing and Neighbornood Preservation 5J(Y\~Q .~ Department of Management . Services CA-9210 - -~ OID\ordres\spotblightprojectordin.doc R-1 April 1, 2004 - 33- Item V-K.2. ORDINANCES/RESOLUTION ITEM # 52463 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED: Ordinance to AUTHORIZE acquisition of property on Princess Anne Road from THE DARVA GROUP, LLD, re right-of-way for the Southeastern Parkway and Greenbelt; and, APPROPRIATE $700,000 for this acquisition. Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Jim Reeve and Peter W. Schmidt April]3, 2004 1 2 AN ORDINANCE TO AUTHORIZE ACQUISITION OF 3 PROPERTY LOCATED ON PRINCESS ANNE ROAD FOR 4 RIGHT-OF-WAY FOR THE SOUTHEASTERN PARKWAY FROM 5 THE DARVA GROUP, LLC, AND TO APPROPRIATE $700,000 6 FROM THE FUND BALANCE IN THE GENERAL FUND TO 7 CAPITAL PROJECT #2-089 SOUTHEASTERN PARKWAY & 8 GREENBELT (PARTIAL)FOR SUCH PURPOSE 9 10 WHEREAS, on behalf of the City, the City Manager and City staff have engaged in 11 negotiations with representatives ofthe Darva Group, LLC, for the purchase of property owned by 12 Pioneer Realty and Investment Corporation, located the north side of Princess Anne Road east of the 13 Virginia Beach Sportsplex and west ofthe Tournament Players Club golf course, for which Darva 14 Group, LLC is the contract-purchaser; and 15 WHEREAS, the property falls within the alignment of the Southeastern Parkway; and 16 WHEREAS, an additional $700,000 must be appropriated to Capital Improvement Project 17 #2-089, Southeastern Parkway & Greenbelt (Partial), to fund this purchase. 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 19 BEACH, VIRGINIA: 20 1. That the City Council authorizes the acquisition, by purchase, of the property, 21 described and depicted on Exhibit A attached hereto. 22 2. That such acquisition ofthe property by the City shall be subject to the acquisition of 23 the property by the Darva Group, LLC, in accordance with its purchase contract with Pioneer Realty 24 and Investment Corporation. 25 3. That the City Manager or his designee is authorized to execute on behalf of the City 26 of Virginia Beach, an Agreement of Sale for the purchase ofthe property, for the sum of$2, 1 00,000 27 plus not more than $10,000 for title and survey costs incurred, in accordance with the terms 28 contained in the Summary of Terms attached hereto as Exhibit B and in a form acceptable to the 29 City Attorney. 30 4. That $700,000 is hereby appropriated from fund balance in the General Fund to 31 Capital Improvement Project #2-089, Southeastern Parkway & Greenbelt (Partial), to provide 32 addition funding required for this purchase. 33 An affirmative vote of a majority of the members of City Council is required. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the ~ day of 36 IIpr; 1 ,2004. CA-9207 F:IData\A TY\FormslDeeds\ WORKING\SoutheasternPkwy-Greenbelt\RP5366 DarvaIDARV AORD.DOC R3 April I, 2004 Approved as to Content: APPROVED AS TO LEGAL SUFFICIENCY: ~~;~ b~ City A tomey' Office Approved as to Content: ~rmi6' r. (~A\{)r... blic Works Exhibit A Property Plat ~I!! q;'l .. " ~i\! ;;;~ ~~I~~~ ~~~~~S~ ~~f1<< Q ~ S I it. ~ ON ~~J~:; 8;~~i:; ~~~dd !.~2ojl ~ If ;1 NOR~ 0 S10'*'" ROAO Eo +~ ~ <: .. ~~i ;;/~ \, ~%~~d \ ~"''':8l'1::1J. \ z~~_~ t , ~~i~1i 'fI$-,,:\~ · S~~,9o' .~ ~ i " I \ ,e: ~"" ~ ~~ '<, <;. '< ~.:\.. \\. .~'!$).e" ~ o"'jio) ..:8 _~o o ~ .. g.L I!! ~ . ~ ~ Q ~ . < ~a. _ ~l!i ~ z ~<J ~~a:~iIi!IJ liCIt I5cu!l< :l;~~O I~~ ~ ~l's~ ~QfiEll ~~J:",~~~lfil ,J ~b~ t:i 115~ 11:F~ i~ \!~ i ~ ~~ ~\J~~ t~U ~,~ !Ui w'" ~ i ~Ii HH SE ~l Hr.:-,^ 'C:'Vi'-...... iiU ffi [ iJ~ I I iI! i I !I~ Ii! I ~s~ ~ !!I ;.;! i~; ;i: ~I ;~~ If ~ ~~ ~ ,,> I'l 8 ~lI! It ~:8~ a~ ~ ~l! II ~~il ~~ i:~ i ~~~! !~ ~!~ Ii! i~i~ ~~ l; "I ! ~ ~~i~ ~~ i ~~ ~ ~ ...: N..s.,.: ~ jr> ",..Io! ']Ii! '" +~ ~ " ~~i ~i \ ;;!I~~;~ \ ~rd~i \ ti \ }~~!i~ \ ~ ' .~o ~~' ~~~;>~" .. -~ S 't>or:P~~ J!,< .J. ' ~'$l''''' '" ~9/~'l " i'V,p Z~1i~~i I... ~,o>:/ f4.lIf- .\. /' g tol.!-* ,[f. / " ! ~ (;<t 'i ~ ,-:.. ~ "'.' r 0'" ~ \ ~.~~ i~ i \~~~ .i ~ "\ ~ ~ \ "'\ 'to .q,~ , <I.il.. ~Jj. , ~'\. ;..... , , .. a i~ g~ ; I ;~I ~ ii ",>h<~~~~ \ 4::1lf~f ~~ ' ~~~~~i~!~'i! \ d~ I ~I III I. i i 'fll. '. \~.~\ '. ....1'%.(\ v> ' -;. ", ."1-... \~ .~~ ,'to '" , ~ ,<<"b~~ ,'-l.~~ \'i}~~ \~ ~~.}'\ 'I{~~ ~"~&, "/>,,7 ~~~ ~~ --, ... 0;. ffj.. i:~ '1. -~ f I- ~.~ ~ cJ F ~< ~ ~~ Z f"'N on _z III - 00 l!l 0: i8 ~~g~8~~~ Z~~~~~II~ ~ ~~ ~ 1~ ~ ~~ 0: ~~ a., \,\ 'o..~' ~ 110: fil~ ~ ; ill"~ ~~~ illl~! 29/ ~ ~~ i~~~ ~! ~ i!l~llIilfio~ ~! '" Iflies ~11Il"'. I "':z: Ili!'~ ~~ .' .... ~ . . 5 li~~~ ~~n flH ~~~~ uh . HH. Se Jis~ uU ., " - 34- Item V-K.3. ORDINANCES/RESOLUTION ITEM # 52464 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED: Ordinance to A UTHORIZE acquisition of property in fee simple at Pleasure House Lake for the purposes of public park recreation and drainage, either by agreement or condemnation, Voting: 9-0 (By Consent) Council Members Voting Aye: llarry E. Diezel, Margaret L Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Jim Reeve and Peter W Schmidt April]3, 2004 I AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 AT PLEASURE HOUSE LAKE FOR PUBLIC 4 PARK AND RECREATION PURPOSES AND 5 PUBLIC DRAINAGE PURPOSES, EITHER BY 6 AGREEMENT OR CONDEMNATION 7 8 9 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 10 public necessity exists for the establishment of a public drainage facility and a public park for II recreational and drainage purposes within the City and for other related public purposes for the 12 preservation of the safety, health, peace, good order, comfOli, convenience, and for the welfare 13 of the people in the City of Virginia Beach. 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA 16 Section I. That the City Council authorizes the acquisition by purchase or condemnation 17 pursuant to Sections 15.2-190 I, et seq., Section 15.2-2109, Sections 15.2-1800 et seq. and Title 18 251 of the Code of Virginia of 1950, as amended, of all that celiain real property in fee simple, 19 described as follows: Six (6) parcels of land totaling approximately 4.6 acres bordered on the 20 north by Lauderdale Avenue, on the west by Beaufort Avenue, on the south by Lookout Road 21 and on the east by Northampton Boulevard/Chesapeake Bay Bridge Tunnel The propeliy to be 22 affected includes the pOliion of the body of water generally known as "Pleasure House Lake" 23 that lies to the west of NOIihampton Boulevard/Chesapeake Bay Bridge Tunnel The six (6) 24 properties to be affected have been assigned the following GPINs on the City's tax maps: 1570- 25 52-0493; 1570-52-2456; 1570-52-2359; 1570-52-3355; 1570-52-4342; and 1570-52-9046 (part 26 west of NOIihampton Boulevard/Chesapeake Bay Bridge Tunnel right-of-way only) 27 (collectively, the "Property"). 28 28 Section 2. That the City Manager, having made a reasonable offer on behalf of the City 29 to the owners or persons having an interest in said Property, which was refused, the City 30 Attorney is hereby authorized to institute proceedings to condemn the Property, and the City 31 Manager is hereby authorized to continue to negotiate with the owners or persons having an 32 interest in said Propeliy in order to acquire the Propetiy by agreement, to the extent that funds 33 are available. 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the 13 35 April ,2004. 36 37 38 CA9184 39 PREPARED: April 8, 2004 40 APPROVED AS TO CONTENT 41 day of 42 43 44 45 46 47 48 49 50 51 52 53 54 55 -AJ9> {)u Cf2-; SIGNATURE Co: ~ A-tf71m~ '5 offrc..<... DEPA TMENT APPROVED AS TO LEGAL SUFFICIENCV AND FORM !ltO~ nu (AI CItV A TTORNEV - F:'"J)ata \ATY\Fonns\COND\WO RKlNG\pleasure house lake\Ordinance.doc PLEASURE HOUSE LAKE PROPERTIES SITE MAP DESCRIPTION: The subject site includes six existing parcels totaling approximately 4.6 acres. Approximately two (2) acres are upland and 2.6 acres are water. The site is bound by Lauderdale Avenue to the north; by Lookout Road to the south; by Northampton Blvd./Chesapeake Bay Bridge Tunnel to the east; and by Beaufort Avenue to the west. A bold, black line outlines the site on the map provided below. A summary of each of six parcels acreage, g-pin identification number and road frontage is provided on the following chart: Parcel G-Pin # 1570-52-0493 1570-52-2456 1570-52-2359 1570-52-3355 1570-52-4342 Part of 1570-52-9046 Total Acrea e .87 .42 .11 .41 .13 2.66 4.6 acres Parcel Road Fronta e Beaufort Avenue Lauderdale Avenue Lauderdale Avenue Lauderdale Avenue Lauderdale Avenue Lookout Road Sllllldltr-)!IjWlI Item V-K.4. ORDINANCES/RESOLUTION - 35- ITEM # 52465 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox. City Council ADOPTED: Ordinance to AMEND and REORDAIN S 21-321.2 of the City Code re maximum speed limits in designated neighborhoods: Acredale Bayville Park Birdneck Point Church Point Fairfield Lake James Larklpur Milburn Manor Voting: 8-1 (By Consent) Council Members Voting Aye: Baylake Pines Bellamy Manor Brighton on the Bay Croatan L & J Garden Lake Shores Littleneck Stratford Chase Harry E. Diezel. Margaret 1. Eure, Vice Mayor Louis R. Jones, RichardA.Maddox, MayorMeyeraE. Oberndorf, RonA. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: Jim Reeve and Peter W Schmidt April 13, 2004 AN ORDINANCE TO AMEND AND REORDAIN THE CITY CODE PERTAINING TO MAXIMUM SPEED LIMITS IN DESIGNATED NEIGHBORHOODS SECTION AMENDED: S 21-321.2 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 21-321.2 of the City Code is hereby amended and reordained, to read as follows: Sec. 21-321.2. Traffic calming via maximum speed limits in certain residential districts; penalty. Pursuant to section 46.2-878.2 of the Code of Virginia, any person who operates a motor vehicle in excess of the maximum speed limit established for any portion of the following highways located within the designated neighborhoods, on or after the effective date, shall be guilty of a traffic infraction punishable by a non- prepayable fine of not more than two hundred dollars ($200.00), in addition to other penalties provided by law: Effective as of February 12, 2001: (1) L & J Garden: Norwich Avenue; Tajo Avenue; Fairlawn Avenue; Dulcie Avenue. (2) Acredale: Andover Road; Langston Road; Bonneydale Road; Olive Road, Alton Road; Old Kempsville Road. (3) Lake Shores: Jack Frost Road; Lake Shores Road. (4) Little Neck: Harris Road. Effective as of August 14, 2001: (1) Lake Shores: Oak Leaf Lane, Tern Road; Lake Road S; Regina Lane; Meredith Road, School Road, Mosby Road, Frizzel Drive; Finn Road; Charla Lee Lane; Smith Farm Road. (2) Brighton on the Bay: Templeton Lane; Wivenhoe Way; Starr Way. (3) Baylake Pines/Baylake Beach: Ben Gunn Road; Indian Hill Road; Baylake Road; Rampart Avenue; Bayville Road; Lookout Road; Sandy Bay Drive. (4) Country Haven: Stewart Drive. Effective as of April 9, 2002: (1) Fairfield: Lord Dunmore Drive. (2) Bellamy Manor: Homestead Drive. Effective as of May 28, 2002: (1) Church Point: Church Point Road; Church Point Place; Timber Ridge Drive. Effective as of October 8, 2002: (1) Stratford Chase: Stratford Chase Drive; Minden Road; Violet Bank; Kittery Drive. (2) Bayville Park: Greenwell Road (From Shore Drive to First Court Road) . Effective as of November 12, 2002: (1) Milburn Manor: Davis Street, (2) Lake James: Lake James Drive, 2 (3) Larkspur: Edwin Drive from Princess Anne Road to Independence Blvd. Effective as of March 23, 2004: ill Croatan: Croatan RoaG Adopted by the City Council of the City of Virginia Beach, Virginia, on this 13th day of April, 2004. CA-9145 GG/ordres/proposed/21-321.2ord.wpd R1 February 27, 2004 APPROVED AS TO CONTENTS: Police Department Public Works APPROVED AS TO LEGAL SUFFICIENCY: City Attorne~s Office 3 - 36- Item V-K.5.a/b ORDINANCESIRESOLUTION ITEM # 52466 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED: Ordinances to ESTABLISH criminal penalties for failure to comply with a franchise: a. remove certain encroachments into City property within twenty four (24) hours of the expiration b. adhere to orders to close and/or ignore revocation to suspend Voting: 8-1 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Rosemary Wilson and James L. Wood Council Members Voting Nay: Ron A. Villanueva Council Members Absent: Jim Reeve and Peter W Schmidt April 13, 2004 1 2 3 4 5 6 7 AN ORDINANCE ESTABLISHING CRIMINAL PENALTIES FOR FAILURE TO REMOVE CERTAIN ENCROACHMENTS INTO CITY PROPERTY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 Any owner or operator of an open air cafe located on the 10 portion of Atlantic Avenue between 20th and 23rd Streets pursuant 11 to Resolution #3052, adopted by the City Council on March 23, 12 2004 and entitled "A Resolution Establishing A Pilot Program To 13 Allow, on an Experimental Basis, Open Air Cafes on Atlantic 14 Avenue Between 20th And 23rd Streets" who willfully fails or 15 refuses to remove all tables, chairs and other items located on 16 City property within twenty-four (24) hours of the revocation, 17 suspension or expiration of the franchise authorizing such open 18 air cafe, or who willfully fails or refuses to comply with any 19 lawful order of the City Manager revoking or suspending such 20 franchise, shall be guilty of a misdemeanor punishable by 21 confinement in j ail for not more than thirty (30) days and a 22 fine of not more than One Thousand Dollars, ($1,000.00), either 23 or both, and each day's failure or refusal shall constitute a 24 separate offense. 25 26 27 Adopted by the Council of the City of Virginia Beach, 28 Virginia, on the 13th day of April, 2004. CA-9216 OID\ordres\franchiseviolationordin#2.doc R-2 April 6, 2004 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office 1 2 3 4 5 6 7 8 AN ORDINANCE ESTABLISHING CRIMINAL PENALTIES FOR FAILURE TO COMPLY WITH CERTAIN ORDERS OF A PUBLIC SAFETY OFFICIAL REGARDING CLOSING AN OPEN AIR CAFE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 Any owner, operator or employee of an open air cafe located 11 on the portion of Atlantic Avenue between 20th and 23rd Streets 12 pursuant to Resolution #3052, adopted by the City Council on 13 March 23, 2004 and entitled "A Resolution Establishing A Pilot 14 Program To Allow, on an Experimental Basis, Open Air Cafes on 15 Atlantic Avenue Between 20th And 23rd Streets" who willfully fails 16 or refuses to comply with a lawful order of a public safety 17 official of the City of Virginia Beach to close such open air 18 cafe immediately or at such later time as may be directed by 19 such public safety official, for reasons of crowd control, 20 unruly behavior either within the establishment or in nearby 21 areas or for other reasons related to preservation of public 22 safety or public order, shall be guilty of a misdemeanor 23 punishable by confinement in jail for not more than thirty (30) 24 days and a fine of not more than One Thousand Dollars, 25 ($1,000.00), either or both. 26 27 COMMENT 28 2 9 On March 23, 2004, the City Council adopted a Resolution authorizing, on an experimental 30 basis, short-term franchises for two open air cafes to be located on Atlantic A venue between 20th 3 1 and 23'. Streets. The Resolution requires the franchises to contain certain provisions which, if 32 violated, constitute misdemeanors. Those violations include: 33 34 (1) the failure or refusal to comply with a public safety officiai's order to close a cafe early 35 for reasons related to the preservation of public safety or public order; 36 37 (2) the failure or refusal to remove all encroachments from City property within 24 hours of 38 the suspension or revocation of a franchise; and 39 40 (3) the failure or refusal to comply with an order of the City Manager revoking or 41 suspending a franchise. 42 43 This Ordinance implements the City Council's direction as embodied in the March 23'" 44 Resolution as to (1) above. A separate ordinance implements the direction as to (2) and (3) and, in 45 addition, makes the failure to remove all encroachments into City property within 24 hours of the 46 expiration (i.e., end of the term) of a franchise a misdemeanor as well. 47 48 49 Adopted by the Council of the City of Virginia Beach, 50 Virginia, on the 11 day of nor""; 1 , 2004. CA-9215 OID\ordres\franchiseviolationordin#l.doc R-2 April 6, 2004 "'R~J;; 1//I;;;7<Y' City Attorney's Office 2 - 37- Item V-K.6. ORDINANCES/RESOLUTION ITEM # 52467 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED: Ordinance to AMEND the Economic Development Investment Program Policy and Procedure (EDIP) and AUTHORIZE the Mayor to execute same on behalf of the City Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel. Margaret L. Eure, Vice Mayor Louis R. Jones. Reba S. McClanan, RichardA. Maddox, Mayor Meyera E. Oberndorf, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Jim Reeve and Peter W Schmidt April 13. 2004 1 2 ORDINANCE NO. 3 4 5 AN ORDINANCE APPROVING AMENDMENTS TO THE 6 ECONOMIC DEVELOPMENT INVESTMENT PROGRAM 7 POLICY AND PROCEDURE AND AUTHORIZING THE 8 MAYOR TO EXECUTE SAME ON BEHALF OF THE CITY 9 10 WHEREAS, by ordinance adopted on January 25, 1994, the City Council of the City 11 of Virginia Beach (the "City Council") approved the Economic Development Investment 12 Program Policy and Procedure (the "EDIP Policy") to ensure that the expenditure of 13 Economic Development Investment Program ("EDIP") funds is made in the public interest 14 and is in furtherance of the purposes for which the EDIP was established; 15 WHEREAS, the City of Virginia Beach Development Authority (the "Authority") 16 subsequently approved the EDIP Policy, and the Policy was executed by the Mayor and 17 the Chair of the Authority ; 18 WHEREAS, City staff has recommended certain changes to the EDIP Policy; 19 WHEREAS, on February 10, 2004, City Council referred to the Authority for its 20 consideration and recommendation, the proposed amendments to the EDIP Policy; 21 WHEREAS, on March 18,2004, the Authority reviewed the proposed amendments 22 to the EDIP Policy and after including therein several minor additional changes, approved 23 the amended Policy, subject to the approval of City Council; and 24 WHEREAS, City Council is of the opinion that the amended EDIP Policy is 25 consistent with the purposes for which the EDIP was establish and will further the 26 economic development goals and objectives of the City. 1 27 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 1. That the amendments to the EDIP Policy are hereby approved in the form as 30 attached hereto; and 31 2. That the Mayor is hereby authorized to execute the amended EDIP Policy on 32 behalf of the City. 33 34 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 1, day 35 of ,2004. April 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 CA- 9196 F:\UsersWValldej\WP\BZA \EDIPPOL.ord. wpd March 19, 2004 R-1 Approved as to Legal Sufficiency: Approved as to Content: 7?W~ Dept. of Economic Development 2 ECONOMIC DEVELOPMENT INVESTMENT PROGRAM POLICY AND PROCEDURE WHEREAS, the City of Virginia Beach Development Authority (the "Authority") was created pursuant to Chapter 643 of the Acts of Assembly of 1964, as amended (the "Act"); WHEREAS, one of the primary purposes of the Act is to enable development authorities "to promote industry and develop trade by inducing manufacturing, industrial, governmental and commercial enterprises to locate in or remain in the Commonwealth...."; WHEREAS, pursuant to ~ 6 of the Act, the Authority has the power, inter alia, "to sell, exchange, donate and convey any or all of its facilities or other properties whether realty or personalty whenever the Authority shall find any such action to be in furtherance of the purposes for which the Authority was organized"; WHEREAS, pursuant to ~ 7 of the Act, "the Authority may foster and stimulate the development of industry in the area within its jurisdiction... [and] may accept, and expend for the purposes stated above, money from any public or private source..,."; WHEREAS, pursuant to ~ 10 of the Act, the City of Virginia Beach (the "City") "is authorized and empowered to make appropriations and to provide funds for the operation of the Authority and to further its purposes"; WHEREAS, the economic development goals and objectives of the City include achieving a higher ratio of nonresidential to residential real estate assessments, investing in land and infrastructure to benefit future economic growth, and maximizing the return of economic development efforts through the development and implementation of programs and strategies that facilitate new business investment and encourage retention and expansion activities thereby improving the overall quality of life in the City; WHEREAS, the City has established the Economic Development Investment Program ("EDIP") ill the Py 1993- 94IFY 1998-99 Capitld I,lt}>, 0 ~ Ch,e,ht p, 05' alll as part of its overall effort to enhance the City's ability to accomplish these goals and objectives; WHEREAS, pursuant to the authority and empowerment set forth in ~ 10 of the Act, City Council has determined that it would be in the best interests of the City-to hAhSkl tile, ftlnds in tl.e, [DIP a"evllUt tt'> the, Aatl,o,;ry ahd to provide fl1ture EDIP appropriations to the Authority to enable the Authority to more effectively continue its efforts to foster and stimulate economic development by ill inducing businesses to locate or remain in the City: and (iil providing incentives to qualifving developers and property owners for the development or redevelopment of under improved or underdeveloped properties. or brownfields. grey fields. or abandoned or blighted properties in areas of the City which have been designated as "Strategic Growth Areas" or "Economic Redevelopment Areas". including infill development within such areas; and WHEREAS, the City and the Authority have agreed that the provision of funds in the EDIP account to the Authority for economic development purposes, and the subsequent provision of such funds by the Authority to qualifying bn5ill"55':5 recipients, should be subject to policies and procedures which will ensure that the expenditure of such funds is in the public interest and is in furtherance of the purposes for which the EDIP was established; NOW, THEREFORE, the City of Virginia Beach and the City of Virginia Beach Development Authority hereby adopt the following Economic Development Investment Program Policy and Procedures (the "Policy"); PART A: POLICY AND PROCEDURE FOR THE PROVISION OF EDIP FUNDS TO QUALIFYING BUSINESSES. 1. PURPOSE AND INTENT. The animating purpose of Part A of the Economic Development Investment Program shall be to enhance the ability of the City of Virginia Beach Development Authority to foster and stimulate economic development in the City by inducing new businesses to locate in the City, and existing businesses to remain in the City or to expand their operations. All "'Xfl('llditthC, (Jf CDIr fu.lds 51.11.11 b(, ill k.ccpihg l'\ithl:l.i5 P(JI~c~ and Floccdtue alld l1,ay ihLile ohly ihc~d('l1ta1l~ to tl,,, b"lld-it (Jf p.i,at<, inoc.(,;,l5. EDIP fnlld;, .na} abv b.: utiliz"d to ('olldn"l alchitccttl1al and ellgiilc('lillg 5ttrdk, dil cdl} I elate,d to ;,p...cifk (,...OIlOh";C de, eloPlUwt i.l~l~at-i ,"5 alldl01 p. ()j(,ct~ bdllg conducted by 1:11" Autho.;ty Oil b",half of I:IK City. 2. INVESTMENT CRITERIA. ll:. W:r\('lle~el 1:11(, Di1"dol of IkvllvJnlc De,elopmcIlt actillg 0.1 b.:half of tI..: Aulhodly, d(,ocliuinu, the heed to plo,~d.: CDIP h.lld5 to a 5pecifk bn5in,:,s5, he 01 ;,11... 5halllllitkG a fuu,.al p.':'5('lltat~01l and ."wmm.:.ndat~vjl to th", Autl.o.iry at a ..:.gullulr~.:.1....dukd 01 ~p......;a1I11{,{,tihg of tI.", Al:itl.olity. Except as otherwise provided in paragraph 3--4 of this Part A, pliO! to tnakill5 5[1.:.1. a !(,...olllJ.n':'lldat~on, tl.... Diic'tuI of CG0noHL.\.- DG\I \JOplll\Alt Blust d"t(..lllhltG, And lUh5t ad~~~G tIt" Ad.tbOlftY1 EDIP funds may be awarded pursuant to Part A of this Policy where the Director of Economic Development (the "Director") has determined. and has advised the Authority that one or more of the following criteria have been met: 2 i-: a, The net amount of direct tax revenues returned to the City by a business to which EDIP funds are provided will exceed the amount of EDIP funds so provided no later than thirty (30) months from the date on which the business commences operations at a new or renovated facility; it: b. For every one dollar ($1.00) in EDIP funds provided, the business to which such funds are provided will spend twenty-five dollars ($25.00) or more in new capital investment. including buildings, furnishings, and/or equipment; and/or m. c, Every one thousand dollars ($1,000.00) in EDIP funds provided will yield at least one (I) new "full-time equivalent" employment opportunity in the business to which such funds are provided. However, for businesses paying an average annual salary of $70.000 (excluding benefits) the criteria shall be up to two thousand dollars [$2.000,) in EDIP funds provided will yield at least one II) new "full- time equivalent" employment opportunity in the business to which such funds are provided. These criteria shall be reviewed by the Director of t1.c. DCf'MthKht of ueo.lOulie DG,dof'mellt and the Director of the Department of Management Services and Dt.Jgct on a bi-annual basis. begillning on Dccembe! I, 1995, f'Jo,iJed,l.o~e,cJ, that in accOJ.dan" with fJil1Agtaph 9, t{~'"' (j1tGliA ~hAll n0t Lc Allu..,I1d""d without the pi~Ol 'On~GHt and ilPpw, al of the City and the A t1tho.ity . The Director shall recommend anv appropriate revisions to the City Council and the Authority for further consideration and action, In addition to the foregoing criteria. it is the goal of the Authority to approve EDIP funds to businesses that pay and average annual salary of $35.000 (excluding benefits). However. the Authority reserves the right to deviate from this goal in exceptional cases and for good cause shown, 3. APPLICATION FOR EDIP AWARD. A business who desires EDIP funds to locate. relocate or expand its business in the City of Virginia Beach may make application for that purpose through the Department of Economic Development. The applicant shall submit such information and documentation concerning its application as may be required by the Director. The Director shall review the application and information submitted and may. if the Director finds that the application meets the requirement of this Part A. recommend to the Authority that it award EDIP funds to the business. 3 3-:!, COUNCIL APPROVAL OF CERTAIN EDIP AWARDS. If the Director of ]J"oMmk Dc vdopIl..cnt, acting on behalf of the Authority, determines the need to provide EDIP funds to a specific business, but the criteria set forth in paragraph 2 of this Part A have not been met, the Authority shaB obtain specific approval from City Council prior to its approval of the provision of EDIP funds for such purpose. 4~, AUTHORITY FINDINGS AND ACTION. Based upon the recommendation of the Director of LCOnOlt';" D':'vdopJuG,d, the Authority shall either approve or disapprove of the proposed provision of EDIP funds to the business;. The Authority shaB not be required to approve the Director's recommendation. but shaB exercise its legislative discretion in determining whether. and to what extent. the application satisfies Part A of this Policy and the Authority's obiective of fostering: and stimulating the development of industry in the City. Provided p!b~id(,d, however, that prior to approval, the Authority must make the foBowing findings: a, That the animating purpose of the proposed provision of EDIP funds to the business is to serve the public purpose of fostering and stimulating economic development in the City of Virginia Beach, and that the expenditure of such funds will only incidentaBy enure to the benefit of private interests, if at aB; and b. That the proposed provision of EDIP funds to the business is in furtherance of the purposes for which the Authority was created-;-~ c. That without the stimulus of the EDIP award. it is unlikely that the business would locate or remain in the Citv; and d, That as of the date of approval of the EDIP award. the business had not yet commenced construction of the proposed improvements. 5Q. APPROVAL OF AWARD OF EDIP FUNDS. Approval by the Authority of the provision of EDIP funds to a specific business pursuant to this Part A shaB be in the form of a resolution which shaB include the foBowing information: a, The name, location, and nature of the business to which the funds will be provided; b. The amount of funds that will be provided; c, The purpose or purposes for which the funds will be provided; 4 d, A statement that the criteria set forth in paragraph 2 of this Part A of tl,i5 Policy aud P,ocedulc have been met; or, in the alternative, that City Council has specifically approved provision of EOIP funds for such purpose pursuant to paragraph 3-1 of this Part A; and e. A statement that the findings set forth in paragraph ~ of this Polky Ahd PloC(.dllle Part A have been made by the Authority. 6. PAYMCNT OF F;DIP (UNDS. all'C tI,C plovisioll of eOIP fulld5 t() a bd~ld"..,~ ha~ bCGfl applovGd by th"" AntIiOl1t'), the, ft1nd~ 5hall only be:, pJvvidcd to the bd!ihG6S npchllil(, ~tlbh~~sioh vi iIl\'oi'G~ ~ll(")wlllg, tll(. aGtnal Go~t~ itK.tlu{.d hy tit" basihGSS fel the pUll'O~e eH plllp05CS fe, ~hkh ti,e fllnd5 ~GlC rHovidea. PART B: POLICY AND PROCEDURE FOR THE PROVISION OF EDIP FUNDS TO QUALIFYING DEVELOPERS AND PROPERTY OWNERS FOR THe DEVELOPMENT OR REDEVELOPMENT OF PROPERTIES IN STRATEGIC GROWTH AREAS OR ECONOMIC REDEVELOPMENT AREA$. 1. PURPOSE AND INTENT. It is recojJnized that within the Citv there are areas that are currently brownfields. greyfields or vacant. abandoned. under improved or underdeveloped with improvements or land uses which are not economically viable but. if developed. should stimulate industry and economic development within the City. Moreover. such properties and areas. if developed or redeveloped. may reasonably be expected to (i) generate additional tax revenue as a result of capital investment; (ii) create additional iob opportunities: (Hi) influence similar redevelopment and additional investment in nearby properties:(iv) further the goals ofthe Comprehensive Plan and be consistent with the City's Economic Development Strategy and good zoning principles: and (v) lead to the establishment of safe and convenient neighborhoods and workplaces. Accordingly. it is the animating pUl:pose of the Economic Development Investment Program under Part B of this Policy to enhance the ability of the City of Virginia Beach Development Authority to foster and stimulate economic development in the City by providing incentives for the development or redevelopment of properties described herein. 2, ECONOMIC REDEVELOPMENT AREAS AND STRATEGIC GROWTH AREAS. The Directors of the Departments of Economic Development and Plannini! shall identify areas of the City (i) that are currently brownfields. greyfields. or vacant. abandoned. under improved or underdeveloped: and Oi) which should be considered for redevelopment or special development opportunities. but may lie outside of the Strategic Growth Areas as set forth in the City's Comprehensive Plan. Such areas shall be known as "Economic Redevelopment Areas". ance identified. an Economic Redevelopment Area 5 must be submitted to the City Council for desig:nation as such by ordinance. To qualify for EDIP funds under Part B of this Policy. a developer or owner of property must demonstrate that the subiect property is located within a Strateg:ic Growth Area which has been designated as such in the Comprehensive Plan or has been desig:nated an Economic Redevelopment Area as defined herein bv ordinance of the Citv Council. For purposes of this Policy. the term "brownfields" means vacant. abandoned or under improved real property large enough to support significant expansion. redevelopment or reuse. but for which such expansion. redevelopment or reuse is complicated by the presence of a substantial anlount of hazardous substances. pollutants. or contamination. The term "greyfields" means undeQJerforming. declining or vacant real estate, 3. QUALIFYING LAND USES. Emp funds under Part B of this Policy may be provided for office. industrial. retail. hotel and mixed use development (including high density and multi-family residential uses). 4. INVESTMENT CRITERIA. Emp funds mav be awarded pursuantto Part B of this Policy in such instances where the Director has determined. and has advised the Authority. that both of the following: criteria have been met: a. The net amount of direct tax revenues returned to the City as a result of the development or redevelopment for which the EDIP funds are provided will exceed the amount of the EDIP funds provided no later than 48 months following the payment of the EDIP award: or where flexibility for tax abatement has been g:ranted by the City. the amount of direct tax revenues not abated as a result of the development or redevelopment for which EDIP funds are provided will exceed the amount of the EDIP funds provided no later than 48 months following the payment of the Emp award. b. For every one dollar ($1.00) in EDIP funds provided. the owner or developer of the development or redevelopment for which such funds are provided will spend twelve and 50/100 dollars ($ 12.50) or more in new capital investment. including: building:s. furnishings. and/or equipment. The foregoing: investment criteria and required return to the City shall be interpreted as being a threshold for consideration for the award of EDIP funds. No award of such funds may be made unless all other requirements of Part B of this Policy are satisfied and all findings stated in Part B of this Policy are made. 6 5. AVAILABILITY OF FUNDS. EDIP funds may be authorized for use pursuant to Part B of this Policy onlv to the extent that they have been appropriated bv the City Council. Further. provided that in any given fiscal year. the Authority shall not award more than fiftv percent (50 %) of its appropriation for EDIP use for that year for development or redevelopment PUl:poses pursuant to Part B of this Policy without authorization of the City Council. 6. APPLICATION FOR EDIP AWARD. A Qualifying developer or owner of land who desires EDIP funds for use in the development or redevelopment of property located in a Strategic Growth Area or an Economic Redevelopment Area may make application for that pUl:pose through the Department of Economic Development. The applicant shall submit such information and documentation concerning its application as may be required by the Director. The Director shall review the application and information submitted and may. if the Director finds that the development or redevelopment of the property described in the application satisfies all requirements of this Part B. recommend to the Authority that it award EDIP funds to the applicant. In determining whether to recommend that EDIP funds be awarded to an applicant. the Director shall find as follows: a. Whether the provision of EDIP funds is necessary to stimulate the development or redevelopment of the property/area: and b. Whether the development or redevelopment satisfies the investment criteria set forth in paragraph 4 of this Part B, Additionally. the Director may consider the following: c. The amount of EDIP funds remaining and available for use pursuant to this Policy for the fiscal year. d, The economic return to the City generated bv the development or redevelopment in addition to the criteria set forth in paragraph 4 of this Part B . e. The expertise and experience of the developer or propertv owner in redeveloping brownfields. greyfields. abandoned. blighted. under improved and underdeveloped properties. f. The degree to which the redevelopment may influence development or redevelopment within the Strategic Growth Area or the Economic Redevelopment Area and adiacent or nearbv properties. 7 g. The extent to which the development or redevelopment mav serve to implement a change in use which is consistent with and/or furthers the goals of the Comprehensive Plan and the City's Economic Development Strategy. h. The number and types of jobs which the development or redevelopment may expect to generate. i. The amount of the applicant's capital investment in the development or redevelopment of the property, j. The extent to which the plan of development or redevelopment incOI:porates mixed uses . provides open space and focuses on transportation and transit accessibility. 7. AUTHORITY FINDINGS AND ACTION. Based upon the recommendation of the Director. the Authority shall either approve or disapprove the award of EDIP funds to the applicant. The Authority may attach conditions to the approval of the award of EDIP funds. In the case of a brownsfield property. the Authoritv shall attach the condition that prior to receiving EDIP funds. the recipient of EDIP funds shall provide to the Authority evidence of all permits or approvals as required by state. federal and local regulatory agencies and compliance therewith. The Authoritv shall not be required to approve the Director's recommendation. but shall exercise its legislative discretion in determining whether. and to what extent. the applicant's proposed development or redevelopment satisfies Part B of this Policy and the Authoritv' s objective of fostering and stimulating the development of industry in the City. Provided. however. that prior to approval of the award of EDIP funds to an applicant. the Authority must make the following findings: a, That the animating pur:pose of the proposed provision ofEDIP funds to the applicant is to serve the public pur:pose of fostering and stimulating economic development in the City of Virginia Beach. and that the expenditure of such funds will only incidentally enure to the benefit of private interests. if at all: b. That the proposed provision of EDIP funds to the applicant is in furtherance of the pur:poses for which the Authority was created: 8 c, That without the stimulus of the EDIP award. it is unlikely that the property would be developed or redeveloped to the extent proposed. or at the current time: d, That as of the date of approval of the EDIP award. the apolicant had not yet commenced construction of the proposed development or redevelopment: e, That the propertv has been designated (or is in an area which has been designated) as a Strategic Growth Area bv the Comprehensive Plan or an Economic Redevelopment Area by ordinance of the Citv Council: f. That the proposed development is consistent with the City's Comprehensive Plan and the City's Economic Develooment Strategv: and g, That the scope and qualitv of the plan of development or redevelopment as proposed. will serve to influence redevelopment and additional capital investment in adiacent or nearbv properties. 8. APPROVAL OF THE AWARD OF EDIP FUNDS. Approval by the Authority of the provision of EDIP funds pursuant to this Part B shall be in the form of a resolution which shall include the following information: a, The name of the owner or developer of the property. and the location and a brief description of the development or redevelopment: b. The amount of funds that will be provided: c. The purpose or purposes for which the funds are to be provided: d. A statement that the criteria set forth in paragraph 4 of this Part B have been met: e, A statement that the findings set forth in paragraph 7 of this Part B have been made by the Authority: and f. Anv conditions to the approval of the award of the EDIP funds by the Authority, 9 .2,... ALTERNATIVE USES OF PART B FUNDS BY THE AUTHORITY TO PURCHASE AND IMPROVE PRQPERTY IN A STRATEGIC GROWTH AREA. The Authority may use EDIP Funds to purchase and improve property within a Strategic Growth Area or an Economic Redevelopment Area, Prior to the approval of the use of EDIP funds for such acquisition. the Authority must find that: a. The property is located within a Strategic Growth Area or an Economic Redevelopment Area: and b. The acquisition and/or improvement of the property by the Authority and its subsequent development orredevelopment will be in conformity with and/or furthers the goals of the Citv's Comprehensive Plan. the City's Economic Development Strategy and Part B of this Policy. Anv propertv purchased bv the Authoritv using EDIP funds pursuant to paragraph 9 of this Part B may also use EDIP funds for the following improvements to such property: (i) the installation of infrastructure: (ii) the demolition of existing structures: or (iii) the remediation or cleanup of adverse environmental conditions, The Authoritv may dispose of such propertv in accordance with state law and may subsequentlv sell such propertv to a private party for development or redevelopment. In the event of such sale. the Authoritv shall attach appropriate conditions to assure that the development or redevelopment is in conformity with and/or furthers the goals of the City's Comprehensive Plan. the City's Economic DevelojJment Strategy. and is in furtherance of the obiectives of Part B of this Policy, The proceeds of any property purchased by the Authority and sold pursuant to paragraph 9 of this Part B shall be returned to the EDIP fund account. PART C: GENERAL PROVISIONS APPLICABLE TO BOTH PARTS A AND B. 9-:.L. SEPARATE ACCOUNT FOR EDIP FUNDS. EDIP funds shall be maintained by the Authority in a separate account and shall not be commingled with other Authority funds. 2. EDIP FUND EXPENDITURES. All expenditures ofEDIP funds shall be in keeping with this Policy and mav enure only incidentallv to the benefit of private interests, In addition to the use of EDIP funds pursuant to Parts A and B of this Policy. EDIP funds may also be utilized to conduct appraisals. financial and market studies. and 10 architectural and engineering studies directlv related to specific economic development initiatives and/or proiects being conducted bv the Authority on behalf of the City. .L PAYMENT OF EDIP FUNDS. When EDIP funds are awarded pursuant to either Part A or Part B this Policy. thev shall be paid to the authorized business or the owner or developer at such time as the Director shall (i) obtain copies of invoices/receipts from the business. or owner or developer showing the actual costs incurred for the purpose or purooses for which the funds are to be provided: (ii) determine that the development or redevelopment is in conformity with the plan of development Presented to the Authority and with all conditions which may have been attached to the approval of the award of the funds by the Authoritv: and (m) where required bv the Authority. the business. or owner or developer shall execute and deliver to the Authority an EDIP Recaoture Agreement in a form acceotable to counsel for the Authority. 4. SPECIFIC PURPOSES FOR THE USE OF EDIP FUNDS. When EDIP funds are awarded to an aoolicant pursuant to this Policy. such funds shall be used for the purposes set forth in ~ 2,2- 115( C )of the Code of Virginia, These purooses are as follows: Public and private utility extension or capacity development on and off-site: road. rail. or other transportation access costs beyond the funding capability of existing programs: training costs: site acquisition: grading. drainage. paving. and any other activitv required to prepare a site for construction: construction or build-out of publiclv owned buildings: or anything else permitted by law. &:5. REPORTING. The Authority shall provide City Council semi-annual reports. on or before June 30 and December 31 of each year, outlining, in detail, the manner in which the funds were provided. Such reports shall include. at a minimum, the information required by subsections a, b. and c of paragraph 5 of Part A, subsections a. b. and c of paragraph 8 of Part B, and information demonstrating compliance with the provisions of this Policy and Procedure. 9:6, AMENDMENTS TO POLICY. The provisions of this Policy and I'toc"dtltc shall not be amended without the prior consent and approval of the City Council and the Authority. +&.-7. APPLICATION OF POLICY. This Policy and Pt6ccdarc is specifically applicable to the expenditure of EC6IlO.,";C Dcvdopulcnt IlHcstmcllt P16g1<ull 11 EDIP funds. This Policy and f\OCc:;dtllC is not intended to be, nor shall it be deemed to be, applicable to the use of public funds from any source other than the EDIP. ++:8. EFFECTIVE DATE OF POLICY. This Policy and F,o,-,cdtllC shall become effective immediately upon its approval by the City of Virginia Beach and the City of Virginia Beach Development Authority, which approval shall be evidenced by signature of the Mayor of the City of Virginia Beach and the Chairman of the City of Virginia Beach Development Authority acting by, and on behalf of, the City and the Authority, respectively, Mayor, City Of Virginia Beach Chairman, City of Virginia Beach Development Authority F:\UsersWValldei\WP\BZA\EDIPR5.POL.wod DF-4471 12 RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY WHEREAS, on January 25, 1994, the City Council of the City of Virginia Beach (the "City Council") and the City of Virginia Beach Development Authority (the"Authority") approved the Economic Development Investment Program Policy and Procedure (the "EDIP Policy") to ensure that the expenditure of Economic Development Investment Program ("EDIP") funds is made in the public interest and is in furtherance of the purposes for which the EDIP was established; WHEREAS, City staff has recommended certain changes to the EDIP Policy; WHEREAS, Section 9 of the EDlP Policy provides that the EDlP Policy shall not be amended without the prior consent of the City Council and the Authority; WHEREAS, on February 10, 2004. the City Council referred the proposed amendments to the EDIP Policy to the Authority for its consideration and recommendation; and WHEREAS, the Authority has reviewed the proposed amendments to the EDIP Policy forwarded to it by the City Council, and has included herewith the Authority's revisions to the EDIP Policy which it has deemed appropriate. BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY: 1. The Authority approves the proposed amendments to the EDIP Policy subject to the final approval of the City Council of the City of Virginia Beach. A true copy of the EDIP Policy amendments is attached hereto. 2. If the City Council of the City of Virginia Beach approves the EDlP Policy in substantially the same form as attached hereto, the Chair or Vice Chair is hereby authorized to sign the EDIP Policy. ,,~ Dated this 1.. 2 day of March, 2004 ~--:.I/ E. V. --/re<~~ F:\Deparlme11l Fiks\VBDA\Legaldocs\2004Resolulions\Authority EDIP Resollllion3.04,wpJ - 38- Item V-X 7. ORDINANCES/RESOLUTION ITEM # 52468 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED: Resolution CONCURRING with the issuance by the Economic Development Authority of the City of Norfolk re Hospital facility revenue and refunding bonds in an amount not to exceed $350,000,000 for the benefit of Sentara Healthcare. Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure. Vice Mayor Louis R. Jones, Reba S. McClanan, RichardA. Maddox, Mayor Meyera E. Oberndorf, Ron A. Villanueva, Rosemary Wilsoll and James L. Wood Council Members Voting Nay: NOlle Council Members Absent: Jim Reeve and Peter W. Schmidt April13, 2004 1 A RESOLUTION CONCURRING WITH THE ISSUANCE BY 2 THE ECONOMIC DEVELOPMENT AUTHORITY OF THE 3 CITY OF NORFOLK OF HOSPITAL FACILITY REVENUE 4 AND REFUNDING BONDS IN AN AMOUNT NOT TO 5 EXCEED $350,000,000 FOR THE BENEFIT OF 6 SENTARA HEALTHCARE 7 8 9 WHEREAS, there has been described to the City of Virginia 10 Beach Development Authority (the Authority), the plans of Sentara 11 Heal thcare (the Company) and the Economic Development Authority 12 of the City of Norfolk (the Norfolk Authority) with respect to 13 the following plan of finance: (a) the issuance of health care 14 facilities revenue bonds in an amount not exceeding $250,000,000 15 to assist the Company in undertaking the acquisition, 16 construction and equipping of certain capital expenditures, 17 including (i) a new hospital facility to be located at 600 18 Gresham Drive in the City of Norfolk adjacent to Sentara Norfolk 19 General Hospital and dedicated to the treatment of cardiac 20 patients, (ii) a new acute care hospital facility at 6601 21 Mooretown Road in York County, Virginia, to be known as Sentara 22 Williamsburg Regional Medical Center, and (iii) a new patient 23 beds tower at Sentara Virginia Beach General Hospital at 1060 24 First Colonial Road, Virginia Beach, Virginia, and to pay certain 25 costs of issuance relating to the such bonds and (b) the issuance 26 of health care faci li ties revenue and refunding bonds in an 27 aggregate principal amount not exceeding $100,000,000 (i) to 28 currently refund the outstanding principal balance of the 29 Industrial Development Authority of the City of Norfolk, Hospital 30 Revenue and Refunding Bonds (Sentara Hospi tals-Norfol k), Series 31 1994A, (ii) to undertake certain capital expenditures at Sentara 32 Norfolk General Hospital and Sentara Virginia Beach General 33 Hospital, including diagnostic, therapeutic, surgical and fitness 34 equipment, medical office furnishings and equipment, health care 35 business office furnishings and equipment, and furnishings and 36 equipment for in-patient and out-patient procedures, treatments 37 and consultations relative to such hospital facilities, and (iii) 38 to pay certain costs of issuance relating to the bonds, and 39 WHEREAS, it has been represented to the Council that the 40 above facilities will be owned by the Company, or an affiliate of 41 the Company, and will be located in Virginia Beach, Virginia, 42 Norfolk, Virginia, or York County, Virginia, and 43 WHEREAS, it has been represented to the Council that a 44 public hearing with respect to the bonds as required by Virginia 45 law and the Internal Revenue Code of 1986, as amended (the Code), 46 was held by the Authority on March 18, 2004, and 47 WHEREAS, it has been represented to the Council that the 48 Norfolk Authority held a public hearing with respect to the bonds 49 on March 24, 2004, and adopted an approving resolution (the 50 Norfolk Authority Resolution) with respect to the bonds on that 51 date; and 52 WHEREAS, the Authority has adopted a resolution recommending 53 that the City Council of the City of Virginia Beach (the Council) 54 concur with the Norfolk Authority Resolution, and 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 WHEREAS, Sections 15.2-4905 and 15.2-4906 of the Code of Virginia of 1950, as amended (the Virginia Code), provide that the Council must concur with the adoption of the Norfolk Authority Resolution and approve the issuance of the bonds prior to the issuance of the bonds; and highest the Code provides that the WHEREAS, elected governmental officials of the governmental unit having jurisdiction over the area in which any facility financed with the proceeds of private activity bonds is located shall approve the issuance of such bonds; and WHEREAS, a potion of the financed property is to be located in the City of Virginia Beach and the members of the Council constitute the highest elected governmental officials of the City of Virginia Beach; and WHEREAS, a copy of the Norfolk Authority Resolution, the Authority's resolution and a statement in the form prescribed by Section 15.2-4907 of the Virginia Code have been filed with the Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: 1. The Council concurs with the adoption of the Norfolk Authority Resolution and approves the issuance of the bonds described in this resolution by the Norfolk Authority to the extent required by the Code and Sections 15.2-4905 and 15,2-4906 of the Virginia Code. 80 2. The concurrence with the Norfolk Authority Resolution, 81 and the approval of the issuance of the bonds, as required by the 82 . Code and Sections 15.2-4905 and 15.2-4906 of the Virginia Code, 83 does not constitute an endorsement to a prospective purchaser of 84 the bonds of the creditworthiness of the Company and the bonds 85 shall provide that the City of Virginia Beach shall not be 86 obligated to pay the bonds or the interest thereon or other costs 87 incident thereto and neither the faith or credit nor the taxing 88 power of the Commonwealth of Virginia or the City of Virginia 89 Beach shall be pledged thereto. 90 3. This resolution shall take effect immediately upon its 91 adopt ion. 92 Adopted by the Council of the City of Virginia Beach on the 93 ._~ day of -ill;>ril , 2004. 94 CA9120 95 April 1, 2004 96 97 98 99 100 101 102 103 #901263 v2 TO LEGAL orney Exhibit B NOTICE OF PUBLIC HEARING TO BE HELD BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY FOR THE BENEFIT OF SENTARA HEALTHCARE Notice is hereby given that the City of Virginia Beach Development Authority (the Virginia Beach Authority), whose address is 222 Central Park Avenue, Suite 1000, Virginia Beach, Virginia 23462, will hold a public hearing on the plan of financing of Sentara Healthcare (the Company), whose principal business address is 6015 Poplar Hall Drive, Norfolk, Virginia 23502, for the issuance by the Economic Development Authority of the City of Norfolk (the Norfolk Authority) of (a) health care facilities revenue bonds in an amount not exceeding $250,000,000 to assist the Company in undertaking the acquisition, construction and equipping of certain capital expenditures, including (i) a new hospital facility to be located at 600 Gresham Drive in the City of Norfolk adjacent to Sentara Norfolk General Hospital and dedicated to the treatment of cardiac patients, (ii) a new acute care hospital facility at 6601 Mooretown Road in York County, Virginia, to be known as Sentara Williamsburg Regional Medical Center, and (iii) a new patient beds tower at Sentara Virginia Beach General Hospital at 1060 First Colonial Road, Virginia Beach, Virginia, and to pay certain costs of issuance relating to the such bonds and (b) health care facilities revenue and refunding bonds in an aggregate principal amount not exceeding $100,000,000 (i) to currently refund the outstanding principal balance of the Industrial Development Authority of the City of Norfolk, Hospital Revenue and Refunding Bonds (Sentara Hospitals-Norfolk), Series 1 994A, (ii) to undertake certain capital expenditures at Sentara Norfolk General Hospital located at 600 Gresham Drive, Norfolk, Virginia, and Sentara Virginia Beach General Hospital located at 1060 First Colonial Road, Virginia Beach, Virginia, including diagnostic, therapeutic, surgical and fitness equipment, medical office furnishings and equipment, health care business office furnishings and equipment, and furnishings and equipment for in-patient and out-patient procedures, treatments and consultations relative to such hospital facilities, and (iii) to pay certain costs of issuance relating to the such bonds. The public hearing, which may be continued or adjourned, will be held at 2:00 p.m. on March 18, 2004, before the Virginia Beach Authority at its offices located at 222 Central Park Avenue, Suite 1000, Virginia Beach, Virginia 23462. All of such facilities will be owned by the Company or one of its affiliates. Any person interested in the issuance of the bonds should appear and be heard. Any person who is disabled and will require an accommodation in order to participate in the public hearing may call the Virginia Beach Authority at 437-6464. Please place such call at least three (3) days in advance of the meeting and public hearing. The bonds will not constitute a debt or pledge of the faith and credit of the Commonwealth of Virginia or any political subdivision thereof, including the Virginia Beach Authority. Neither the Commonwealth of Virginia nor any political subdivision thereof, including the Virginia Beach Authority, shall be obligated to pay the bonds, or the interest thereon, or other costs incident thereto, except from the revenues and monies pledged therefor, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia nor any political subdivision thereof, including the Virginia Beach Authority, will be pledged to the payment of the principal of or interest on such bonds or other costs incident thereto. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY To be published in The Virl!:inian Pilot on Thursday, March 4, 2004, and Thursday, March 11,2004 #901191 vI Exhibit A THE VIRGINIAN-PILOT NORFOLK, VIRGINIA AFFIDAVIT OF PUBLICATION The Virginian-Pilot --------------------------------------------------+--------------------------- KAUFMAN & CANOLES, P.C. 150 W MAIN ST NORFOLK VA 23510 REFERENCE, 10236406 11189511 901197vl NOTICE OF PUBLIC HEA State of Virginia City of Norfolk This day 1 and after D. Johnson being duly personally appeared before sworn, made oath that: 1) She is affidavit clerk of The Virginian-Pilot, a newspaper published by Landmark Communications Inc., in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk, and Virginia Beach, Common- wealth of Virginia and in the state of North Carolina 2)That the advertisement hereto annexed has been published in said newspaper on the date stated. PUBLISHED ON, 03/04 03/11 AD SPACE, 122 Public Hearings NOTICE OF PU8UC HEARtHG TO IE HElD BY , THE CITY OF VIRGINiA stACH DEVELOPMENT AUTHORITY FOR TH€ BENEFIT OF SENTARA HEALTHCARE Notice Is hereby given that the City of Virginia Beach Developrnenl ~l:lhority{lhe Virginia Beach Authority}, whose address Is 222 Ccntwl Park Avenue, Suite 1000, Virginia Beach, Virginia 23462, will hold a public hearing on the pl.an of financing of serrtara HealtNcare (the Company}, whose pnnclpal Ollslnessaddress Is 6015 POfJlar Hnll Drive, Norfolk, Virgln11l23502, IOrtNe Issuance bytNe EconOIlHG lJevelopri1er1tAuthority of the City of Norloll\ (the Nor!olk Authont,) o! 1~)MallhcarefacllltlesrevenueoondsinanamountnotexCee(JIlIg $250,000,000 to assist the Company in un(lertaking the acquls'lI(Jn, J con~truction and equipplng of certain ca6ital eKpendiMes, Inclucll',g(<1 a new hospital facility to 6e located at 600 Gresham Onve In the C'l~ I of Norfolk adjacant to Sentara Norfolk Genera! Hospital and daljl~al,"d loti1etreatnlentofcartllacpatients,tli)anewllClrtecarehospltaifacll- ity at 6601 Mooretown Road in York County,Virginia~ to be known as Sentara Williamsburg Regional MedICal Center, and {Iii} a new pc:tlent beds tower at Sentara Virginia Beach General Hospital al 1060 FlfSl ColrJlllal Road, Virginia 8each, Virginia, and to pay certain cost~ of , i~suance relating to the such bondS ~nd (0) health Cilre facilities r"",- I en~e andrafundlng bonds In an aggregate prinCipal amount",,_ i exct1eding $100,000,000 (I) to currentty refund the outstanding prln~1 pal halal1Ceofthe looustrial Oevelopment Authority of the City of Nor. I fo'k,HospitaiRe'lenueandRelundingBonds(SentaraHOSPltals-NorI ~0~~~~ae~~rt~~9G~~'e~l ~o~~~I'r~~t~~t:tl~~P~~~s~~~n~:i~U:~~~rt I i(Jlk,vlrglnia,andSentaraVlrglniaBe~hGeneral,Hosp,itallocatedaI 10bQ First Colonial ROad,Vlrginia Beach, Vlrglnla,lncludlngdlag,nostlc: ther~peutk:, surgical and fitness equipment, medlCal office furnlshlll~S 3ndequipment, health care business officefurnlshmgs and,equlp, ment, and furnishings and equipment for In-patient and out-patient procedur8S, treatments and consultations relative to such hos pltal facilities, and (Iiijto par certain costs of Issuaoce relating to the su ch bonds. Tile public hearing, which maybecol'l!lnuecloradjoumed,wllI be held at 2:00 p.m, 011 March 18. 2004, before the Virglllia Beach AulllOrity at Its offices located at 222 Central Park Avenue, Sdlte 1'000, Virginia Beach, vlrgll1la23462., All 01 such faclhtl€s wlil he owne-d by the Company or Sentara Hospitals. Any person Interested In theissuanceofthebondsshouldappearandbeheard,Anyperson ",I,Q is disabled and will require an accommodation In order to partlc, pi:lle In the publiC heanng may cail the Virginia 8eachAuthontyat 437-6464. Please place such call at least three (3) days in advance c,flhe meeting and public hearing. The bondswil!llotcollstitute a debt oroledge oflhe la_lth and credll 01 the Commollwealth 01 Virginia or , ilnypolitlcalsubdlVlSlonlhareof,lncludlllglheVlrgllliaBeachAuthonty. Nwtner the Commonwealth 01 Vlrglma nor any political subdivision g ihe,eof,includlngthevlrglnlaBl,IachAuthorlty,shallbe_obligatedto C fl<lytne bonds, orll1e Interest lhereon, or other costs Incldenttheret 0, ~~~:~~~~r~~d l~~,~rt~~~~he at~~i~g~~~efl~~e: d~~~f~~~:~~hll~n?:. h glnlanOlanypohticalsubdlvislonthereof,lncludlnglheVlrglniaBeachC i ~~;~~;'~Yb~~s~rP~r~:re~o~~~~c?;:~~~~t~~ prinCipal of 01 intarest ~ CITi OFV1RG1NIABEACH DEVELOPMENT b AUTHORITY vr March 4and March U,2004 11189511 'ty and state on the day and year C...._..__ Notarx<:._ ission expires January 31, 2008 Exhibit C CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY RECORD OF PUBLIC HEARING (SENTARA HEALTHCARE REVENUE AND REFUNDING BONDS) At 2:00 p.m. on March 18, 2004, the Chairman of the City of Virginia Beach Development Authority (the "Authority") announced the commencement of a public hearing on the request of Sentara Healthcare ("Sentara"), and that a notice of public hearing was published once a week for two consecutive weeks in The Virginian-Pilot, the second publication being not less than six (6) days nor more than twenty-one (21) days prior to the hearing. The Chairman indicated that a copy ofthe notice and a certificate of publication of such notice have been or will be filed with the records ofthe Authority and will be provided to the Clerk of the City Council of the City of Virginia Beach. The following individual appeared and addressed the Authority: Mr, George Consolvo appeared on behalf of Sentara. Mr. Consolvo described the revenue and refunding bonds of Sentara which will be utilized to finance: (a) the issuance of health care facilities revenue bonds in an amount not exceeding $250,000,000 to assist Sentara in undertaking the acquisition, construction and equipping of certain capital expenditures, including (i) a new hospital facility to be located at 600 Gresham Drive in the City of Norfolk adjacent to Sentara Norfolk General Hospital and dedicated to the treatment of cardiac patients, (ii) a new acute care hospital facility at 6601 Mooretown Road in York County, Virginia, to be known as Sentara Williamsburg Regional Medical Center, and (iii) a new patient beds tower at Sentara Virginia Beach General Hospital at 1060 First Colonial Road, Virginia Beach, Virginia, and to pay certain costs of issuance relating to the such bonds and (b) the issuance of health care facilities revenue and refunding bonds in an aggregate principal amount not exceeding $100,000,000 (i) to currently refund the outstanding principal balance of the Industrial Development Authority of the City of Norfolk, Hospital Revenue and Refunding Bonds (Sentara Hospitals-Norfolk), Series 1994A, (ii) to undertake certain capital expenditures at Sentara Norfolk General Hospital and Sentara Virginia Beach General Hospital, including diagnostic, therapeutic, surgical and fitness equipment, medical office furnishings and equipment, health care business office furnishings and equipment, and furnishings and equipment for in-patient and out-patient procedures, treatments and consultations relative to such hospital facilities, and (iii) to pay certain costs of issuance relating to the such bonds. The Chairman closed the public hearing. The Authority then adopted a resolution (a) recommending that the Council of the City of Virginia Beach approve the issuance of the bonds in an amount up to $350,000,000, (b) directing the transmission of a Fiscal Impact Statement with respect to the bonds to the Council of the City of Virginia Beach and (c) requesting that its recommendation be received at the next regular or special meeting at which this matter can be properly placed on the Council's agenda for hearing. #901306 vI Exhibit D RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY WHEREAS, there has been described to the City of Virginia Beach Development Authority (the Authority), the plans Sentara Healthcare (the Company) and the Economic Development Authority of the City of Norfolk (the Norfolk Authority) with respect to the following plan of finance: (a) the issuance of health care facilities revenue bonds in an amount not exceeding $250,000,000 to assist the Company in undertaking the acquisition, construction and equipping of certain capital expenditures, including (i) a new hospital facility to be located at 600 Gresham Drive in the City of Norfolk adjacent to Sentara Norfolk General Hospital and dedicated to the treatment of cardiac patients, (ii) a new acute care hospital facility at 6601 Mooretown Road in York County, Virginia, to be known as Sentara Williamsburg Regional Medical Center, and (iii) a new patient beds tower at Sentara Virginia Beach General Hospital at 1060 First Colonial Road, Virginia Beach, Virginia, and to pay certain costs of issuance relating to the such bonds and (b) the issuance of health care facilities revenue and refunding bonds in an aggregate principal amount not exceeding $100,000,000 (i) to currently refund the outstanding principal balance of the Industrial Development Authority of the City of Norfolk, Hospital Revenue and Refunding Bonds (Sentara Hospitals-Norfolk), Series 1994A, (ii) to undertake certain capital expenditures at Sentara Norfolk General Hospital and Sentara Virginia Beach General Hospital, including diagnostic, therapeutic. surgical and fitness equipment, medical office furnishings and equipment, health care business office furnishings and equipment, and furnishings and equipment for in-patient and out-patient procedures, treatments and consultations relative to such hospital facilities, and (iii) to pay certain costs of issuance relating to the such bonds; and WHEREAS, the above facilities will be owned by the Company, or an affiliate of the Company, and will be located in Virginia Beach, Virginia, Norfolk, Virginia, or York County, Virginia; and WHEREAS, a public hearing with respect to the bonds as required by Virginia law and the Internal Revenue Code of 1986, as amended (the Code), was held by the Authority on March 18,2004,and WHEREAS, it has been represented to the Authority that the Norfolk Authority will hold a public hearing with respect to the bonds on MaIch 24, 2004, and will adopt an approving resolution (the Norfolk Authority Resolution) with respect to the bonds on that date; and WHEREAS, it has been represented to the Authority that the Company has elected to proceed with a plan of finance pursuant to which the bonds will sold to Citigroup Global Markets Inc.; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY: I. It is hereby found and determined that the issuance of the bonds will benefit the inhabitants of the City of Virginia Beach and promote their safety, health, welfare, convenience and prosperity. 2. To assist the Company, the Authority hereby recommends that the City Council of the City of Virginia Beach, Virginia (the Council), concur with the Norfolk Authority Resolution, the form of which has been presented at this meeting, as required by ~15.2-4905 of the Code of Virginia of 1950, as amended (the Virginia Code), and hereby directs the Chairman or Vice Chairman of the Authority to submit to the Council the statement in the form prescribed by g IS .2-4907 of the Virginia Code, a reasonably detailed summary of the comments expressed at the public hearing held by the Authority pursuant to ~ 15.2-4906 of the Virginia Code, and a copy of this resolution. 3. All costs and expenses in connection with the financing plan shall be paid from the proceeds of the bonds to the extent permitted by law or from funds of the Company and the Authority shall have no responsibility therefor. 4. All acts of the officers of the Authority which are in conformity with the purposes and intent of this resolution and in furtherance of the issuance and sale of the bonds are hereby approved and confirmed. 5. The Authority's multi-jurisdictional fee policy shall apply to the bonds. 6. This resolution shall take effect immediately upon its adoption. The undersigned hereby certifies that the above resolution was duly adopted by a roll call vote of the commissioners of the City of Virginia Beach Development Authority at a meeting duly called and held on March 18, 2004, and that such resolution is in full force and effect on the date hereo f. Dated: \\'\o...,u- \ ?J ,2004 4Jdtf~ ~.,';).,~ Secretary, City of rginia Beach Development Authority #90l264 vl 2 Exhibit E DISCLOSURE STATEMENT Date: March 18,2004 Applicant's Name(s): Sentara Healthcare All Owners (if different from applicant): N/ A Type of Application: Rezoning: From To Conditional Use Permit: Street Closure: Subdivision Variance: Other: Bond Financing ****************************************************************************** The following is to be completed by or for the Applicant: 1. If the applicant is a CORPORATION, list all the officers of the Corporation: See attached schedule. 2. Ifthe applicant is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or partners in the organization: N/A The following is to be completed by or for the Owner (if different from the applicant) 1. If the Owner is a CORPORATION, list all the officers ofthe Corporation: N/A 2. If the Owner is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or partners in the organization: N/ A SENTARA HEALTHCARE By: ~.'~~"-_.- Senior Vice President and Chief Financial Officer #901230 vI Schedule to Disclosure Statement BOARD OF DIRECTORS AND OFFICERS OF SENTARA HEALTHCARE Bernd, David L. Butler, William K. II Cheng, Richard T., Ph.D. Clark, Donald H. Richard F. Clark, M.D. Crocker, James E. Cumming, Gwen Donn, Allan G. Edmondson, William P., Jr., M.D. Juskevich, Robert S., M.D. Loving, Aubrey E. Jr. Malbon, John F. Scott, Thomas H. Jr., M.D. Marc Sharp Trevarthan, Albert R. David L. Bernd, Chief Executive Officer Robert A. Broermann, Senior Vice President and Chief Financial Officer Michael M. Dudley, President and CEO Rodney F. Hochman, MD, Executive Vice President and Chief Medical Officer Howard P. Kern, President and Chief Operating Officer VIRGINIA BEP-..CH Viq!Jllia Beach 1)l'\'l""Pllll'lll,'\lIliH.ril),' 222 Central Park Avenue, Suite lOOn Virginia Beach. VA 2.1462 (757) 437-6464 FAX (757) 499-9894 Wehsill'. www.vbgov.cOIn EXHIBIT F ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF NORFOLK SENTARA HEALTHCARE REVENUE AND REFUNDING BONDS The Authority recommends approval of the captioned financing. The financing will benefit the citizens of the City of Virginia Beach, Virginia by providing improved healthcare facilities which promotes the health and welfare of the City's citizens. Exhibit G FISCAL IMP ACT ST A TEMENT SUBMITTED TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY The undersigned applicant, in order to pennit the City of Virginia Beach Development Authority subinission of the following information in compliance with Section 15.2-4907 of the Code of Virginia of 1950, as amended, states: Name of applicant: Sentara Healthcare Facilities: Sentara Virginia Beach General Hospital at 1060 First Colonial Road, Virginia Beach, Virginia; Sentara Norfolk General Heart Hospital at 600 Gresham Drive, Norfolk, Virginia; Sentara Williamsburg Regional Medical Center at 6601 Mooretown Road, York County, Virginia 1. Maximum amount of financing sought 6. a. Estimated dollar value per year of goods that will be purchased from Virginia companies within the locality $350,000,000 N/A N/A N/A N/A $ 1,490,000 .. $2,881,000" $1,102,000" $2,129,000" 385 .. $ 43,484" 2. Estimated taxable value of the facility's real property to be constructed in the locality 3. Estimated real property tax per year using present tax rates 4. Estimated personal property tax per year using present tax rates 5. Estimated merchants' capital tax per year using present tax rates b. Estimated dollar value per year of goods that will be purchased from non~ Virginia companies within the locality c. Estimated dollar value per year of services that will be purchased from Virginia companies within the locality d. Estimated dollar value per year of services that will be purchased from non-Virginia companies within the locality 7. Estimated number of regular employees on year round basis 8. Average annual salary per employee Dated: March 18, 2004 SENTARA HEALTHCARE BY:~ .~~ Senior Vice President and Chief Financial Officer CITY OF VIRGINIA BEACH DEVELOPMENT AUT By: CIty ofVrrgima Beach only. #901229 vI Exhibit H SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY CONCURRENCE WITH ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF NORFOLK SENTARA HEALTHCARE REVENUE AND REFUNDING BONDS 1. SENTARA VIRGINIA BEACH GENERAL HOSPITAL PROJECT NAME: 2. 1060 First Colonial Road Virginia Beach, Virginia LOCATION: 3. DESCRIPTION OF PROJECT: Patient tower and hospital equipment and renovations 4. AMOUNT OF BOND ISSUE: $350,000,000 5. See attached list of officers and directors PRINCIPALS: 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property 02 b. Is rezoning proposed: Yes No.]L c. Ifso, to what zoning classification? N/A #901232 vi Schedule to Summary Sheet BOARD OF DIRECTORS AND OFFICERS OF SENTARA HEALTHCARE Bernd, David L. Butler, William K. II Cheng, Richard T., Ph.D. Clark, Donald H. Richard F. Clark, M.D. Crocker, James E. Cumming, Gwen Donn, Allan G. Edmondson, William P., Jr., M.D. Juskevich, Robert S., M.D. Loving, Aubrey E. Jr. Malbon, John F. Scott, Thomas H. Jr., M.D. Marc Sharp Trevarthan, Albert R. David L. Bernd, Chief Executive Officer Robert A. Broermann, Senior Vice President and Chief Financial Officer Michael M, Dudley, President and CEO Rodney F. Hochman, MD, Executive Vice President and Chief Medical Officer Howard P. Kern, President and Chief Operating Officer VIRGINIA BEACH Mr. Robert G. Jones Chairman Virginia Beach Development Authority 222 Central Park A venue, Suite 1000 Virginia Beach, VA 23462 Re: Sentara Healthcare Bond Financing Dear Bob: Exhibit I March 18,2004 Virginia Beach Development Authority 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 (757) 437-6464 FAX (757)499-9894 Website: www.vbgov.com The Department of Economic Development concurs with the issuance of revenue bonds by the Industrial Development Authority (IDA) of the City of Norfolk in an amount not to exceed $350,000,000 for Sentara Healthcare. Health care facilities revenue bonds in an amount not to exceed $250,000,000 will be utilized for the acquisition, construction, and equipping of (1) a new cardiac care hospital at Sentara Norfolk General Hospital; (2) a new acute care hospital facility in York County to be known as Sentara Williamsburg Regional Medical Center; and (3) a new patient beds tower at Sentara Virginia Beach General Hospital. Health care facilities revenue and refunding bonds in an aggregate principal amount not exceed $100,000,000 will be utilized (1) to redeem the outstanding principal balance of Series 1994A City of Norfolk IDA bonds; (2) to pay certain costs of issuance; and (3) for capital expenditures at Sentara Norfolk General Hospital and Sentara Virginia Beach General Hospital for diagnostic, therapeutic, surgical and fitness equipment, medical office furnishings and equipment, health care business office furnishings and equipment, and equipment and furnishings for in-patient and out-patient procedures, and treatments and consultations. The issuance of these bonds will promote healthcare in the City of Virginia Beach, benefit its inhabitants and promote their safety, health, welfare, convenience and prosperity. I will be happy to answer any questions you may have after our meeting of March 18. MRW:lls Sincerely, 7?(~ Mark R. Wawner Project Development Manager Exhibit J RESOLUTION OF ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF NORFOLK WHEREAS, there has been described to the Economic Development Authority of the City of Norfolk (the Authority) the plan of finance of Sentara Healthcare (the Company) with respect to the following: (a) the issuance by the Authority of hospital facilities revenue bonds in an amount not exceeding $250,000,000 to assist the Company in undertaking the acquisition, construction and equipping of certain capital expenditures, including (i) a new hospital facility at 600 Gresham Drive in the City of Norfolk adjacent to Sentara Norfolk General Hospital and dedicated to the treatment of cardiac patients, (ii) a new acute care hospital facility at 6601 Mooretown Road in York County, Virginia, to be known as Sentara Williamsburg Regional Medical Center, and (iii) a new patient beds tower at Sentara Virginia Beach General Hospital at 1060 First Colonial Road, Virginia Beach, Virginia, and to pay certain costs of issuance relating to the such bonds and (b) the issuance by the Authority of hospital facilities revenue and refunding bonds in an aggregate principal amount not exceeding $100,000,000 (i) to currently refund the outstanding principal balance of the Industrial Development Authority of the City of Norfolk, Hospital Revenue and Refunding Bonds (Sentara Hospitals-Norfolk), Series 1994A, (ii) to undertake certain capital expenditures at Sentara Norfolk General Hospital at 600 Gresham Drive, Norfolk, Virginia, and Sentara Virginia Beach General Hospital at 1060 First Colonial Road, Virginia Beach, Virginia, including diagnostic, therapeutic, surgical and fitness equipment, medical office furnishings and equipment, health care business office furnishings and equipment, and furnishings and equipment for in-patient and out-patient procedures, treatments and consultations relative to such hospital facilities, and (iii) to pay certain costs of issuance relating to the such bonds; WHEREAS, each of the above facilities will be owned by the Company, or an affiliate of the Company, and will be located in Virginia Beach, Virginia, Norfolk, Virginia, or York County, Virginia; and WHEREAS, under the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of 1950, as amended, together with Ordinance No. 26,565 of the Council of the City of Norfolk, as amended by Ordinance No. 27,524, and further amended by Ordinance No. 35,587 (together, the Act), the Authority has been given the power to issue its revenue and refunding bonds from time to time and to use the proceeds thereof for the purpose of paying all or part of the cost of "authority facilities", as defined in the Act, and to refund bonds previously issued by it; WHEREAS, the Authority has been requested and has agreed to assist in the issuance and sale of up to $250,000,000 in aggregate principal amount of its Hospital Facilities Revenue Bonds (Sentara Healthcare), Series 2004A, Series 2004B, and Series 2004C (collectively, the Project Bonds) the proceeds of which will be used to finance the costs of the projects described in clause (a) of the first preamble to this Resolution (collectively, the Project), which projects constitute "authority facilities", as defined in the Act, and to pay costs of issuance relating to the Project Bonds; constitute "authority facilities", as defined in the Act, and to pay costs of issuance relating to the Project Bonds; WHEREAS, the Authority has been requested and has agreed to assist in the issuance and sale of up to $100,000,000 in aggregate principal amount of its Hospital Facilities Revenue and Refunding Bonds (Sentara Healthcare), Series 2004D (the Series 2004D Bonds), the proceeds of which will be used to currently refund the bonds described in clause (b) of the initial preamble to this Resolution, to pay for the cost of certain capital expenditures constituting "authority facilities", as defined in the Act, as described in clause (b) of the initial preamble to this Resolution, and to pay costs of issuance relating to the Series 2004D Bonds; WHEREAS, a public hearing with respect to the Project, the Project Bonds and the Series 2004D Bonds (the Project Bonds and the Series 2004D Bonds being hereinafter collectively referred to as the Bonds) has been held by the Authority as required by the Act and Section 147(f) of the Internal Revenue Code of 1986, as amended (the Code), on the date hereof; WHEREAS, the Company has elected to proceed immediately with implementing the plan of finance for the Project and issuing the Project Bonds pursuant to a Bond Purchase Agreement (the Bond Purchase Agreement) to be dated on or about May 6, 2004, among the Authority, the Company and Citigroup Global Markets Inc., as Underwriter (the Underwriter); and WHEREAS, the Company has requested that the Authority proceed with the issuance of the Project Bonds by the execution and delivery and/or approval of the following documents, all of which, together with the Bond Purchase Agreement, have been presented at this meeting in substantially final form and shall be referred to collectively in this Resolution as the Project Bond Documents: (i) A Trust Indenture (the Indenture) dated as of May I, 2004, by and between the Authority and the Trustee named therein and herein and authorizing the issuance of the Project Bonds to finance the Costs of the Project (as defined in the Indenture); (ii) A Loan Agreement (the Loan Agreement) dated as of May I, 2004, by and between the Authority and the Company, together with the Company's promissory note (the Note) executed and delivered pursuant to the Loan Agreement to evidence the loan made thereby and the form of assignment thereof from the Authority, without recourse, to the Trustee; and (iii) An Official Statement to be dated on or about the date of issuance of the Project Bonds (the Official Statement) pursuant to which the Underwriter will furnish certain information regarding the Project Bonds, the security therefor, the Company and the Authority. BE IT RESOLVED BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF NORFOLK: 2 Chairman of the Authority, upon advice of counsel to the Authority, which approval shall be evidenced conclusively by the execution and delivery of the Bond Purchase Agreement. 7. The Chairman or Vice Chairman of the Authority is hereby authorized and directed to complete, execute and submit to the Internal Revenue Service its Form 8038 with respect to the Project Bonds and to mail a copy thereofto the City Council of the City of Norfolk and the Virginia Department of Business Assistance in accordance with the Act. 8. Each officer of the Authority is authorized to execute and deliver on behalf of the Authority such instruments, documents or certificates and to do and perform such things and acts as they shall deem necessary or appropriate in carrying out the transactions authorized by this Resolution or contemplated by the Project Bond Documents, and all of such actions previously done or performed by the officers or directors of the Authority are in all respects approved, ratified and confirmed. 9. All costs and expenses in connection with the issuance of the Project Bonds, including the fees and expenses of the Authority, including the fees and expenses of counsel for the Authority, shall be paid promptly from the proceeds of the Project Bonds to the extent permitted by law or from funds provided by the Company. If for any reason the Project Bonds are not issued, it is understood that all such fees and expenses shall be paid promptly by the Company upon presentation of an invoice and that the Authority shall have no responsibility therefor. The Company shall also pay the Authority's annual administrative fee as required by the Loan Agreement. The Authority's annual administrative fee shall be charged and collected in accordance with the Authority's multi-jurisdictional fee policy. 10. The Authority hereby recommends that the City Council of the City of Norfolk (the Council) approve the issuance of the Bonds and hereby directs the Chairman or Vice Chairman to provide to the Council a reasonably detailed summary of the comments expressed at the public hearing required by Section 15.2-4906 of the Act, a copy of this Resolution and any other information required by the Councilor the Act. II. The principal of and premium, if any, and late charge and interest on the Project Bonds are limited obligations of the Authority payable solely from the revenues and receipts derived by the Authority from the Company, which revenues and receipts have been pledged and assigned to secure payment thereof. The principal of and premium, if any, and late charge and interest on the Project Bonds shall not be deemed to constitute a debt or a pledge of the faith and credit of the Commonwealth of Virginia or any political subdivision thereof, including the Authority and the City. Neither the Commonwealth of Virginia nor any political subdivision thereof, including the Authority and the City, shall be obligated to pay the principal of or premium, if any, or late charge or interest on the Project Bonds or other costs incident thereto except from the revenues and receipts pledged and assigned therefor, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia or any political subdivision thereof, including the Authority and the City, is pledged to the payment of the principal of or premium, if any, or late charge or interest on the Project Bonds or other costs incident thereto. No covenant, condition or agreement contained in any Project Bond Document shall be deemed to be a covenant, agreement 4 or obligation of any past, present or future director, officer, employee or agent of the Authority in his individual capacity, and neither the directors of the Authority nor any officer or employee thereof executing the Project Bonds on behalf of the Authority shall be liable personally on the Project Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. 12. All other acts of the officers of the Authority which are in conformity with the purposes and intent of this Resolution and in furtherance ofthe issuance of the Project Bonds are hereby approved and confinned. 13. The Series 2004D Bonds are expected to be issued on or about August 15,2004, but the Series 2004D Bonds shall not be issued until the terms thereof are approved by the Authority by resolution adopted in accordance with the Act and, if the proceeds of the Series 2004D Bonds are used to finance facilities in the City of Virginia Beach, Virginia, or the City of Hampton, Virginia, the Authority is provided satisfactory evidence that a concurring resolution has been adopted by the governing body of the City of Virginia Beach, Virginia, or the governing body of the City of Hampton, Virginia, as applicable, in accordance with Section 15.2-4905 of the Act. 14. The Project Bonds shall not be issued until the Authority is provided satisfactory evidence that concurring resolutions have been adopted by the governing bodies of the City of Virginia Beach, Virginia, and York County, Virginia, in accordance with Section 15.2-4905 of the Act. 15. This Resolution shall take effect immediately. The undersigned hereby certifies that the above resolution was duly adopted by the directors of the Economic Development Authority of the City of Norfolk at a meeting duly called and held on March 24, 2004, and that such resolution is in full force and effect on the date hereof. Dated: (hMC.~dt;,:r01)y.- I ~~, L' Secretary-Treasurer E onomic Development Authority of the Ci fNorfolk #901341 v3 5 PROJECT NAME Sentara Healthcare Revenue and Refunding Bonds PROJECT LOCATION: 1060 First Colonial Road Virginia Beach, VA TYPE OF PROJECT: Acute Care Hospital Facility - 39- Item V-K.B. albic. ORDINANCES/RESOLUTION ITEM # 52469 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED: Ordinance to AUTHORIZE the City Manager to lease: a. Restaurant space to Adrianne Bennett, Scott Wilson and Joseph Faughnan, t/a PRINCESS ANNE COUNTY GRILL" at the Farmers Market b. VIRGINIA BEACH MARITIME MUSEUM, INC. for City owned land at 24th Street and Atlantic Avenue together with the "Old Coast Guard Building" c. BEACH EVENTS, a division of CELLAR DOOR PRODUCTIONS of VIRGINIA,for an office at 302 22nd Street Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, RichardA. Maddox, Mayor Meyera E. Oberndorf Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Jim Reeve and Peter W Schmidt April 13, 2004 1 Requested by Department of Public Works 2 AN ORDINANCE AUTHORIZING THE CITY 3 MANAGER TO EXECUTE A LEASE FOR 4 LESS THAN FIVE YEARS WITH THE 5 VIRGINIA BEACH MARITIME MUSEUM, INC., 6 FOR .275 ACRE OF CITY OWNED LAND 7 LOCATED AT 24TH STREET AND ATLANTIC 8 AVENUE TOGETHER WITH THE BUILDING 9 COMMONLY KNOWN AS THE "OLD COAST 10 GUARD BUILDING" AND IMPROVEMENTS 11 THEREON 12 WHEREAS, the City of Virginia Beach ("the City") is the owner of that certain 13 parcel of land formerly known as 24th Street, located between Atlantic Avenue and 14 Atlantic Boulevard, which was closed and conveyed to the City of Virginia Beach by 15 Ordinance dated May 14, 1978 and recorded in the Clerk's Office of the Circuit Court of 16 Virginia Beach, in Deed Book 2001, at Page 267(the "Premises"); 17 WHEREAS, the Old Coast Guard Station (the "Facility") was purchased by the 18 City, from L. Charles Burlage, on or about March 23, 1979 and was moved onto the 19 Premises; 20 WHEREAS, the Virginia Beach Maritime Museum, Inc. (the "Museum") was 21 founded in 1981, as a non-profit organization, and immediately began utilizing the 22 Premises; 23 WHEREAS, the Museum has been paying the City $1.00 per year in rent and the 24 City has provided the Museum with utilities, housekeeping and maintenance; 25 WHEREAS, no previous authorization from Council has been given for the 26 execution of a written lease, for the Premises or the Facility, outlining the responsibilities 27 of the parties; 28 WHEREAS, the Museum would like to enter into a formal lease arrangement with 29 the City for the Premises and the Facility thereon shown on Attachment A; 30 WHEREAS, the Premises and the Facility will be utilized as a maritime museum 31 with gift shop and office space, and for no other use; 32 WHEREAS, profits from sales from the gift shop shall be utilized for upkeep of 33 the existing maritime exhibits and for purchase or creation of new exhibits; and 34 WHEREAS, City staff has determined that the Facility will benefit the citizens of 3S the City of Virginia Beach and tourists visiting the community by providing a needed 36 service; 37 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 38 VIRGINIA BEACH, VIRGINIA: 39 That the City Manager is hereby authorized to execute a lease for a term of less 40 than five years, between the Virginia Beach Maritime Museum, Inc. and the City, for the 41 Premises and the facility in accordance with the Summary of Terms attached hereto 42 and such other terms, conditions or modifications as may be satisfactory to the City 43 Attorney. 44 Adopted by the Council of the City of Virginia Beach, Virginia on the 1 3 4S day of APT; 1 ,2004. 46 47 48 49 50 51 52 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~/ C. cfawsc,- NATURE C'.'JJ.-h P lIJkkA{ (tlt'lZll DEPARTMENT ~ CITY ATTO~EY 53 CA-9112 54 PREPARED: (2f27J04) 55 Ordinance Final.Feb.27,2004.wpd SUMMARY OF TERMS LEASE FOR THE USE OF 12,000 SQUARE FEET OF CITY REAL PROPERTY AND IMPROVEMENTS THEREON LESSOR: City of Virginia Beach. LESSEE: Virginia Beach Maritime Museum, Inc. PREMISES: Approximately 12,000 square feet of City property located on Atlantic Avenue at 24th Street and known as the Old Coast Guard Station. TERM: January 1, 2004 - December 31, 2008. RENT: One Dollar per year shall be charged. RIGHTS AND RESPONSIBILITIES OF VIRGINIA BEACH MARITIME MUSEUM, INC.: . Will use the Premises for a maritime museum with a gift shop and offices and no other purpose. . Will remain open to the general public for at least 120 days and a total of at least 1 ,000 hours per year. . Will erect and maintain a sign, which shall give recognition to the Lessor as a principal in the ownership and establishment of the Leased Premises. . Will maintain insurance coverage, in full force, in accordance with city requirements. . Will comply with all requirements for maintaining the building's status as a National Historic Site. RIGHTS AND RESPONSIBILITIES OF CITY: . Will maintain Premises, provide housekeeping services and pay for all utilities, fuel, and solid waste collection. . Will inspect the Premises for compliance with the terms of the Lease and all state, local and federal laws, statutes, ordinances and regulations. TERMINATION: Either party may terminate with 60 days advance notice, for any reason it considers appropriate, with no further obligations. ~ u u .; z .~ . .. ~."... ."... ,,".. '...._".. ...~-~..._.__. " '. ..... ._.___0_--___.........__....__ ... ...Q i-,.~--.........--. I 300K1917 1~I;E525 ^f>1~1l0VED I G. c;i~^l. I.M1fii;'iT:'J:~ UHU::Cl0U Of- PV{n.l\,; ~~)j,'KS "''=:::r'' III ATLANTIC BOULEVARD l~ IFI !Ii 04-.32'43"f. 60.00' IF'!r'1 ., DRlI'KWI>Tf.R HEIRS OE. IU<I.I',l.C.t 69) f-... i.U . U..l eX: ~"O> , .'r raw ARrA TO S Elf VACIo1'EO '" ~L ~lg N . . 0 ",,,, ",- z '" DLIVER ENTERPRISES, INC. : De I<lOO,N.C.' ',"0 .. 8,';:- 0,::' !(!on '" '" ,275 AC.. :;~~; IF> If) _102;)tll~'11[['l 60.00' N OIP'32'43"W 'tOOZ:".,l.lfl{(,_ U'IFl ATLANTIC AVENUE 80' R/W " , ('LA T (If POlnIOI,j OF 201,h ~,1r,EET R/\'! , 0 H W\~.hl' EO or THe-: CITY OF VlrH;IN'^ ~U~CH \'nlG11~rh. Itl M~t1I.~~f\"'t.ll VI"r.II~I^ !.irAOI, VI'lbl~l^ .~ 'It'f SCAtl:: r ,!lr 30' ClAT( '/I'lOITU ....... FnEU\AN !) n,F.EI.\M~ (1.J(,lI.JITHS 7\ ~.Uif\'r. YOr-iS VII~GIf{ll, (II /\tH, VIf,(",I,r.lI^ ,.., \:.-----~ ::.~J ~.~:.)I ...-:.~,! )~ '\i'"'";-'l1 (:i:~[ :;.i (!.:i) _._--\..,:~.";-f~---Ijj;"IJ (". ",,'1(1 V/~ IN~ :/n -* Clerk.'s Ollict,o/ the Circuit Courl o/)!Jrgi"ia Beach....;z...t.L.Jay 0/... .t.L;,,,,,, "............ ,,' 19......':/.j'!... at""...~".l<1.'?,..., Ihi$ jnstr""~~,.lJeJ 11M u/,on Ihe t"dlr o]I&r:4now/r'Jgmt'nl' tbrreto d""e1teJ, aJ",itteJ 10 rtcorJ, "Tb,. tdJe imposeJ by '58-54. I of Ihe CoJct. has bf!~n tlaid, iff (bt amount of I .............."...... TBSTE: JOliN V, FENTRESS, C/ctrlc By~?'a~ c. , "''':''::'~:=...:.=:~::.:.:.:....;...:;.;.,.;.;~..~:~..:.;.:,;.~~=O;.'"'-~''~'::;;'=--~~ I I j J 1 i ! ! I I ij ~ , " \ :J . t !. ~ 'i\ \ ~ SITE . '" -- LOCATION MAP ?AR~ . \ \ , ~.J - ~ -- -- 24TH sTREET \\ \' " ~ I \ \ \ \'l \ ~ \ n ~ !'" -0 ~ ::n n ~ M"I I I I I I I I , 2.21.\q-f>l21 \ 1 ____.~.~----. ~ ~. q-'5 ,"- \~. 24'2.P III __--.-- '...------;;\----- I '0,__------ \ ..- , ,.--.----.-- 1,';\61 , 1."21r -" \0 , , o o l, LOCATION P 'FOR 10 COAST GUARD STATION BUILDING AND PROPERlY AT 24TH STREET AND ATLANTIC AVENUE TO BE LEASED BY ~.;- nfGINIA BEACH MARITIME MUSEUM;I,NC ~ scAlE: 1"= 100' L- _ - ~ O 0 ~ -"'. i$ ~ ~_ l_-.t.--.:a '6 l!o '1 "..p' ~ '" PREPARED BY P/W ENG.DRAFT. 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE FOR LESS THAN FIVE YEARS WITH BEACH EVENTS, A DIVISION OF CELLAR DOOR PRODUCTIONS OF VIRGINIA FOR A 1,485 SQUARE FOOT FACILITY LOCATED AT 302 22~ STREET IN THE CITY OF VIRGINIA BEACH WHEREAS, the City of Virginia Beach (the "City") is 12 the owner of a 1,485 square foot facility located on the 2nd 13 floor at 302 22nd Street, Virginia Beach, Virginia 23451 (the l!j 14 "Premises"); 15 WHEREAS, Beach Events, a division of Cellar Door 16 productions of Virginia, Inc., a Virginia corporation would 17 like to enter into a formal lease arrangement with the City 18 for the Premises and the facility thereon as shown on Exhibit 19 A; 20 WHEREAS, the Premises and the facility will be 21 utilized for offices and operations of Beach Events and for 22 no other uses; and 23 WHEREAS, City staff has determined that the 24 facility will benefit the citizens of the City of Virginia 25 Beach and tourists visiting the community by providing a 26 needed service. 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF 28 THE CITY OF VIRGINIA BEACH, VIRGINIA: 29 30 That the City Manager is hereby authorized to execute 31 a lease for a term of less than five (5) years between Beach 32 Events, a division of Cellar Door Productions of Virginia, Inc. 33 and the City, for the Premises and the facility in accordance 34 with the Summary of Terms attached hereto and such other terms, 35 conditions or modifications as may be satisfactory to the City 36 Attorney and the City Manager. 37 Adopted by the Council of the City of Virginia Beach, 38 Virginia on the 1 3 day of apri 1 2004. 39 40 CA9l24 41 March 25, 2004 42 43 APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: cK~t~ce 44 45 46 47 48 49 50 51 52 F,IDataIATY\FoffilS\CONTRACTSIW0rkingIBeach Events\CA9124 Ord,doc SUMMARY OF TERMS LEASE FOR THE USE OF 1,485 SQUARE FEET OF CITY REAL PROPERTY AND IMPROVEMENTS THEREON LESSOR: City of Virginia Beach LESSEE: Beach Events, a division of Cellar Door Productions of Virginia, Inc. PREMISES: Approximately 1,485 square feet of City property located at 302 22"d Street in the City of Virginia Beach. TERM: May 1, 2004 through April 30, 2005 RENT: Rent shall be One Dollar ($1.00) per annum. RIGHTS AND RESPONSIBILITIES OF BEACH EVENTS: . Will use the Premises for offices and operations and no other purpose. . Will keep, repair, and maintain the Premises at its expense and will do so in a workmanlike manner. . Will maintain public liability insurance coverage with policy limits of not less than $500,000 combined single limits per occurrence, issued by an insnrance company licensed to conduct the business of insnrance in Virginia. Lessor may insure the Premises against loss or damage due to fire and other casualty, with the express understanding that all insurance proceeds arising from such damage or destruction shall belong solely to the City, . Will assume the entire responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. . Will comply with all applicable laws, ordinances, and regnlations in the performance ofits obligations under the Lease. . Will pay for the actual and reasonable costs of all utility services, including water, sewage, HV AC, and electricity, as well as janitorial services and refuse disposal. RIGHTS AND RESPONSIBILITIES OF THE CITY: . Will have access to the premises, upon reasonable notice, to verify compliance with the terms of the Lease. TERMINATION: Either party may terminate the Lease upon providing thirty (30) days written notice to the other party. LEASE THIS LEASE is made this day of , 2004, but effective as of ,2004, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "Lessor") and BEACH EVENTS, a division of Cellar Door Productions of Virginia, Inc. ("Lessee"). WITNESSETH: 1. Premises. Term. Renewal. That for and in consideration of the terms,. conditions, covenants, promises and agreements herein made, Lessor hereby leases and demises unto Lessee the 1485 square foot facility located at 302 22nd Street, Virginia Beach, Virginia (the "Premises") as shown on Exhibit A attached hereto. The term of this Lease shall commence on May 1, 2004 and shall continue until April 30, 2005, unless sooner terminated as provided in this Lease. 2. Rent. The total rent for the term hereof shall be one dollar ($1.00) per annum, which the Lessee shall pay to the Lessor, in advance, at such address as may be designated by the Lessor, or if none specified, to the address provided for delivering notices in Paragraph 15 of this Agreement. 3. Purpose and Use of Premises. The Premises shall be used solely for the Lessee's offices and operations. The Premises shall not be used in such a manner as to constitute a public or private nuisance. 4. Utilities and Services. Lessee shall pay for the cost of all water, sewage, HV AC, and electricity. Lessor shall not be liable for the interruption of any of the aforementioned services caused by strikes, riots, lockouts, accidents or other causes beyond the reasonable control of Less or. Any such interruption shall never be deemed an eviction or disturbance of Lessee' s use and possession of the Premises or any part thereof, or render Lessor liable to Lessee for damages, or relieve Lessee from performance of its obligations under this Lease. Lessor shall use its best efforts to restore the interrupted service within a reasonable period oftime after interruption ifthe cause of interruption is subject to Lessor's control. Lessee shall pay for all other utilities and services including the actual and reasonable costs of janitorial services and refuse disposal. 5. Alterations bv Lessee. Sil!Ds. Lessee, at Lessee's option and expense, and with Lessor's prior written approval may make modifications, alterations, additions or improvements, to the Premises. Upon termination of this Lease, any structural modifications, alterations, additions or improvements shall become the property of Lessor. Lessee shall place no signs in or outside of the Premises without the prior written consent of Lessor, which consent shall not be unreasonably withheld, conditioned or delayed. All signs shall comply with the City of Virginia Beach Comprehensive Zoning Ordinance. 6. Maintenance. Lessee accepts the Premises "AS IS". However, Lessee covenants to keep, repair and maintain, at Lessee's expense, the Premises. Notwithstanding anything to the contrary contained in this Lease, Lessee shall not be liable or obligated to pay for or to perform' any maintenance of or to make any repairs to and/or for any (i) structural portions ofthe Premises, (ii) portion ofthe HV AC, mechanical, electrical, plumbing or life-safety systems at or serving the Premises, (iii) capital expense item, and/or (iv) item to comply with and/or cure any violation of any laws, rules, regulations or codes which are not applicable to Lessee's specific use of the Premises." Lessee agrees to perform all repairs and maintenance in a workmanlike manner. Lessee acknowledges and agrees that Lessor shall not be responsible for any repairs to or maintenance of the Premises, which shall include the physical structure and any mechanical systems or equipment. Lessor shall not be liable for any damage to any property of Lessee or others or injury to persons within the Premises resulting from (i) the electrical, heating, plumbing, sewer or other mechanical systems of the Premises; (ii) water, snow, or ice being upon or coming through the roof, wall, floors, windows or doors ofthe Premises; or (iii) any fire or other damage or casualty whatsoever. 7. Access. Lessor or its authorized representative shall have the right to enter upon the Premises upon reasonable prior notice to verify Lessee's compliance with the terms of this Lease. 8. No Assienment, Sub-lease. Except for any assignment or sublease to a parent entity of Lessee or to any affiliate or subsidiary of Lessee's parent entity, Lessee shall not, without Lessor's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, assign this Lease in whole or in part or sublease all or any portion of the Premises. 9. On Site Parkine. No on site parking is dedicated for Lessee. 10. Insurance/Waiver of Subroeation. At Lessor's own cost and expense, Lessor may insure the Premises against loss or damage due to fire and other casualty within the classification of fire and extended coverage and any other perils Lessor deems appropriate. It is expressly understood and agreed to by the parties that all insurance proceeds arising from damage or destruction of the Premises by fire, extended coverage or other perils shall belong solely to Lessor. Lessee shall procure and maintain public liability insurance for the Premises with policy limits of not less than $500,000 combined single limits per occurrence, and issued by an insurance company licensed to conduct the business of insurance in Virginia and reasonably acceptable to Lessor. The policy of insurance shall name Lessor as an additional insured. All policies of. insurance required hereunder shall carry that the provision that they shall not be modified or terminated without 30 days prior written notice to Lessor. Prior to occupancy of the Premises, Lessee shall provide Lessor a certificate of insurance evidencing the required coverage. At Lessee's option and at its own cost and expense, Lessee may insure its furnishings, equipment, inventory, fixtures and leasehold improvements made by Lessee, and other personal property against damage or destruction by fire or other casualty. The proceeds of any insurance policy of Lessee on Lessee's furnishings, equipment, inventory, fixtures, and leasehold improvements by fire or other casualty shall belong solely to Lessee. 2 Lessor and Lessee agree on behalf of themselves and all others claiming under them, including any insurer, to waive all claims against each other, including all rights of subrogation, for loss or damage to their respective property arising from any fire and any ofthe perils normally insured against in an extended insurance policy, including vandalism and malicious mischief endorsements. If either party so requests, the other party shall obtain from its insurer a written waiver of all rights of subrogation that it may have against the other party. 11. Indemnification and Hold Harmless. It is understood and that Lessee hereby assumes the entire responsibility and liabili ty for any and all damages to persons or property caused by or resulting from or arising out of any act or omission on the part of Lessee, its employees, agents, or invitees associated with the use and occupancy ofthe Premises. Except to the extent liability has been expressly waived under Paragraph 10, Lessee agrees to indemnifY and hold hannless Lessor and its agents, volunteers, servants, employees and officials from and against any and all claims, losses, or expenses, including reasonable attorney's fees and litigation expenses suffered by any indemnified party or entity as the result of claims or suits due to, arising out of or in connection with any and all such damages, real or alleged, and the violation by Lessee of any law applicable to this Lease. This indemnity and hold hannless provision shall survive and remain in effect notwithstanding any termination, cancellation or expiration of this Lease or Lessee's tenancy. 12. Damae:e or Destruction oCPremises. If the Premises are damaged by fire or other casualty regardless of whether or not the Premises are rendered untenable in whole or in substantial part, then either party may, upon ten (10) days prior written notice thereof to the other party, terminate this Lease as of the date of such casualty. If this Lease is so terminated, Lessee shall remove all of its property from the Premises within thirty (30) days after the notice of termination is given. For purposes ofthis Paragraph, "substantial part" shall be deemed to mean more than 50% of the usable floor area of the Premises. Lessor shall not have any obligation' whatsoever to repair or replace the Premises in the event of such damage or casualty. The repair or replacement of the Premises in such event shall be at the sole option and discretion of the Lessor. 13. Default/Termination. In the event of any failure of Lessee to timely and fully comply with any term of this Lease, Lessee shall be in default. If such default shall continue for more than thirty (30) days after written notice thereof shall have been delivered to Lessee, Lessor may, with thirty (30) days written notice to Lessee, terminate Lessee's right to possession of the Premises by any lawful means, and this Lease shall then terminate and Lessee shall surrender possession of the Premises to Lessor upon termination as set forth in this Paragraph. Notwithstanding any provision to the contrary, this Lease, and the obligations arising hereunder, may be terminated by either party hereto upon providing one thirty (30) days written notice to the other party. 14. Surrender. Upon the expiration or earlier termination ofthis Lease, Lessee shall surrender to Lessor the Premises in "broom" clean condition, ordinary wear and tear, fire and other casualty excepted. 3 15. Notices. All notices required or contemplated by this Lease shall be in writing and sent to a party via either United State mail, certified return receipt requested or nationally recognized overnight courier to the following agents for each party who are hereby appointed and designated as such for the purposes of receiving all such notices at the addresses shown below, or at such other address as either party may designate, from time to time, by written notice to the other party: To Lessor: City of Virginia Beach Attn. Barry Shockley Administrative Services Manager Facilities Management Office/Department of Management Services Municipal Center, Bldg. #18, Room 228 Virginia Beach, Virginia 23456 To Lessee: Beach Events Attn: Bobby Melatti 3550 Cellar Door Way Virginia Beach, V A 23456 Each party shall immediately notify the other party, in writing, of any changes of agents, and no change of agents shall be effective until such notice is given. 16. Compliance With All Laws/Governinl! LawNenue. Lessee shall comply with all federal, state, and local statutes, ordinances, and regulations now in effect or hereafter adopted, in the performance of its obligations under this Lease. This Lease shall be governed by the laws ofthe Commonwealth of Virginia. It has been entered into and is to be performed in Virginia Beach, Virginia, and the parties designate the Circuit Court of the City of Virginia Beach for purposes of all litigation and venue. 17. Nondiscrimination/Drul!-Free Workplace. Employment discrimination by Lessee shall be prohibited. During the performance of this Lease, Lessee agrees as follows: A. Lessee will not discriminate against any employee or applicant for employment. because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification/consideration reasonably necessary to the normal operation of Lessee. Lessee agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions ofthis nondiscrimination clause. B. Lessee, in all solicitations or advertisements for employees placed by or on behalf of Lessee, will state that Lessee is an equal opportunity employer. 4 C. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulations shall be deemed sufficient for the purpose of meeting the requirements of this section. D. Lessee will include the provisions of the foregoing Sections A, B, and C in every' subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. During the performance of this Lease, Lessee agrees as follows: A. Lessee will provide a drug-free workplace for Lessee's employees. B. Lessee will post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in Lessee's workplace and specifying the actions that will be taken against employees for violations of such prohibition. C. Lessee will state in all solicitations or advertisements for employees placed by or on behalf of Lessee that Lessee maintains a drug-free workplace. D. Lessee will include the provisions of the foregoing Sections A, B, and C in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. 18. Severabilitv. Any term of this Lease which is prohibited by, or is unlawful or unenforceable under Virginia law shall be ineffective only to the extent of such prohibition, without invalidating the remaining terms ofthis Lease. 19. Entire Al!reement. This Lease together with Exhibit A, constitutes the entire, full and complete understanding and agreement ofthe parties, and may not be modified orally or in any other manner than by agreement in writing signed by all the parties to this Lease, or their respective authorized designees. 5 IN WITNESS WHEREOF, the parties have affixed their signatures and seals: Lessor: Lessee: CITY OF VIRGINIA BEACH By: City Manager/Authorized Designee of City Manager (SEAL) ATTEST: Ruth Hodges Smith, City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this _ day of , 2004, by , City Manager/Authorized Designee of the City Manager of the City of Virginia Beach, on its behalf. He/She is personally known to me. Notary Public My commission expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this _ day of , 2004, by Ruth Hodges Smith, City Clerk of the City of Virginia Beach, on its behalf. She is personally known to me. Notary Public My commission expires: 6 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: v) '. The foregoing instrument. was acknowledged before me this ..:!SL day of .~ fl{ (L , 2004, by~66y i1fcLA7T1 , President of BEACH EVENTS, a division of Cellar Door Productions of Virginia, Inc. on its behal~../ "'2 .. ~/ / /~?d:--- ~.?4...c.-?c:-"" / yary Public ---- My commission expires: / - -? / -0 7 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~~ Facilities anagement lice Department of Management Services City Attorney's Office APPROVED AS TO CONTENT: ~;ff' p~~ Risk Management 7 EXHffiIT A [Plat showing Leased Premises outlined thereon] 8 Aerial Imagery (c) 2002 Commonwealth of Virginia - Virginia Beach --:- Interstate - Primary Roads - Streets o Parcel 11II Water Bodies EX HIBIT A 302 22nd Street N SCALE 1 : 1.858 A r-< - '""I . . I 100 0 100 200 300 FEET "I ~ ~ ~.,+l.,,~- - -f.-a- p~ J\.Y' City of Virginia Beach DEPARTMENT OF MANAGEMENT SERVICES FACILITIES MANAGEMENT OFFICE (7571427-8234 FAX (757) 42W812 TOO (757) 421-4305 MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 234S8-1028 DATE: April 7. 2004 TO: James K, Spore City Manager O. Barry sOOAdministrative Services Manager OMS/Facilities Management Office SUBJECT: 302 22nd Street '.'1 : I ! . ~ FROM: APR 7 2004 ) I understand there were some questions concerning leasing the space at 302 22nd Street to Beach Event instead of the Artist Gallery. I have provided specifics for both groups that lead us to the conclusion that Beach Events was a more compatible tenant for this space. I will be glad to provide any additional information you may want on this issue. Thank you. 302 22nd St. Space Second Floor 1485 square feet (approximate) No parking on site Floor plan is mostly walled offices Not ADA accessible No public restroom facilities Beach Events - . Since they do not have customers coming into the office they could use the space even though it is not ADA accessible. . They were also told that there was no parking available at the site and they would have to make other arrangements with area parking lots to meet that need, 302 22nd Street April 7. 2004 Page Two Artist Gallery - . 2500 square feet needed . Space for 10 studios (10x12 feet each) . Open wall space for public artist displays . Prefer to be in one story for handicapped access or have an elevator . 20 - 40 parking spaces for artists who work in the building every day as well as visitors. students, delivery trucks, and school buses, . Near trolley stop . on site parking for artists to unload their supplies and paintings . outdoor space for sculpture garden . Public restrooms OBS:ljs cc: Steven T, Thompson Catheryn R. Whitesell N .1 ~ l @l II @ cJ) e I II 11 J @ @J - - f'.. I \1-IHIII- .~ - i -- r ~ ~ @ L- :l".I <E)A > .$ @ ., u.;e, "" @ @ n I i9T FLOOR. -- '.~","tI:."'-o'" N. -r. s. N_""-.~.... HEALTH - FRE.E CLINIC (P.E SORT OFFICE.) _302. .2.2.." c( STREET ,~,,::;,-- ::>- ~ , CITY OF VIRGINIJ. BEACH ~ I 1.7 J E-.~-.' -- ~ 5 .... . ~ \ .'/ '.. ..'~ '-~ v::-.... -..:....'.::;' ......._.- po..ee. I c'; 2- Sc.>.LE NON E '~rAP R. SIGNED BY DRAWN BY I REVISED ClO-TE 1996 7 APR. 199'" ..VI ~ 5.8.5 - 40- Item V-K9.a. ORDINANCES/RESOLUTION ITEM # 52470 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED: Ordinance to AUTHORIZE temporary encroachments into portions of City owned rights-of-way known as Red Tree Court, by BAY COLONY GARDEN CLUB to construct and maintain an underground well, pump, irrigation lines, brick patio and landscaping to enhance the community aesthetics The following conditions shall be required: ], The temporary encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specijications and approval as to size, alignment and location. 2, The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. 3. The applicant shall indemnifY and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney's fees in case it shall be necessary tofile (Jr defend an action arising out of the location or existence of the temporary encroachment. 4. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specijied herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachmen/ by anyone other than the applicant. 5. The applicant agrees to main/ain the temporary encroachment so as not to become unsightly or a hazard. 6. The applicant agrees to submit and have approved a traffic control plan before commencing work in the encroachment area. 7. The applicant agrees that no open cut of the public roadway will be allowed, except under extreme circumstances. Requests for exceptions must be submittedfor final approval to the Highway Operation Division, Department of Public Works. April 13, 2004 Item V-K.9.a. - 41 - ORDINANCES/RESOLUTION ITEM # 52470 (Continued) 8. The applicant agrees to obtain a permit from the office of Development Services Center/Planning Department prior to commencing any construction within the encroachment area. 9. The applicant agrees, that prior to issuance of a right-of-way permit, the grantee must post sureties in accordance with their engineer's cost estimate to the office of Development Services Center/Planning Department. 10. The applicant agrees that its contractor install tracer wire with all underground PVC lines. 11. The applicant agrees that landscaping materials must be approved by the Landscape Services Division of the Department of Parks and Recreation. 12. The applicant shall submit for review and approval a survey of the area being encroached upon certified by a registered professional engineer or a licensed land surveyor and/or "as built" plans of the temporary encroachment, sealed by a registered professional engineer, if required by the City Engineer's Office. 13. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicant for the use of such portion of the City's right-of- way encroached upon the equivalent of what would be the real property tax upon the land so occupied ifit were owned by the applicant; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter; and, shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. April 13, 2004 - 42- Item V-K.9.a. ORDINANCES/RESOLUTION ITEM # 52470 (Continued) Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret 1. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: Jim Reeve and Peter W Schmidt April J 3, 2004 1 Requested by Department of Public Works 2 AN ORDINANCE TO AUTHORIZE 3 A TEMPORARY 4 ENCROACHMENT INTO A 5 PORTION OF THE CITY OWNED 6 RIGHT OF WAY KNOWN AS 7 REDTREE COURT, BY BAY 8 COLONY GARDEN CLUB, 9 ITSASSIGNS AND 10 SUCCESSORS IN TITLE 11 WHEREAS, the Bay Colony Garden Club desires to construct and maintain 12 an underground well and pump, irrigation lines, brick patio and landscaping materials onto 13 the City's right of way, known as Redtree Court. 14 WHEREAS, City Council is authorized pursuant to ~~ 15.2-2009 and 15.2- 15 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 16 the City's properties, subject to such terms and conditions as Council may prescribe. 17 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 That pursuant to the authority and to the extent thereof contained in ~~ 15.2- 20 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Bay Colony Garden Club, 21 its assigns and successors in title are authorized to construct and maintain a temporary 22 encroachment for an underground well and pump, irrigation lines, brick patio and 23 landscaping materials into the City's right of way of Redtree Court as shown on the map 24 entitled: "RED TREE CIRCLE GARDEN L1NKHORN BAY, SEC. B ENCROACHMENT 25 AGREEMENT PLAT," dated Nov. 2003 and designated as ExhibitA, a copy of which is on 26 file in the Department of Public Works and to which reference is made for a more particular 27 description; and ," 28 BE IT FURTHER ORDAINED, that the temporary encroachments are 2 9 expressly subject to those terms, conditions and criteria contained in the Agreement 30 between the City of Virginia Beach and Bay Colony Garden Club (the "Agreement"), which 31 is attached hereto and incorporated by reference; and 32 BE IT FURTHER ORDAINED, that the City Manager or his authorized 3 3 designee is hereby authorized to execute the Agreement; and 34 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 35 such time as Bay Colony Garden Club and the City Manager or his authorized designee 36 execute the Agreement. 37 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 <. 38 day of April ,2004. 39 APPROVED AS TO CONTENTS 40 ,,// ~m}fj)- C. ck./..L\JSik 41 . rS NATURE 4 2 fw KffI / [J:Jf(ih 43 DEPARTMENT 44 APPROVED AS TO LEGAL 45 SUFFICIENCY AND F 46 47 CITY ATTORNE 48 CA- ''ll1.q 49 PREPARED:2126104 50 H:IWPIENCROACHIBay Colony Garden ClubIOrdinance.Feb.26,2004.wpd " 11 PREPARED BY VIRGINIA BEACH "' CITY ATTORNEY'S OFFICE I' EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-81 \ (aX3) AND 58.\-81 \ (cX4) REIMBURSEMENT AUTIIORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this i 2) day of :k f.::> / ,2004, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and BAY COLONY GARDEN CLUB, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is an authorized organization of the ownership of the subdivision of Bay Colony; WHEREAS, it is proposed by the Grantee to constmct and maintain an underground well and pump; an irrigation system; and a brick patio and to plant and maintain landscaping materials, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing wd maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right of way known as Redtree Court, "The Encroachment Area"; WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing orto accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee GPIN 2418-47-8745 permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "RED TREE CIRCLE GARDEN LINKHORNBA Y, SEe. B ENCROACHMENT AGREEMENT PLAT," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 2 Ii It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in The Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut ofthe public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a pennit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way pennit, the Grantee must post sureties, in accordance with their engineer's cost estimate, to the Office of Development Services Center/Planning Department. It is further expressly understood and agreed that the Grantee shall require its contractor to install tracer wire with all underground PVC lines. It is further expressly understood and agreed that landscaping materials must be approved by the Landscape Services Division of the Department of Parks and Recreation. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. 3 It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection oflocal or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied ifit were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection oflocal or state taxes. IN WITNESS WHEREOF, Bay Colony Garden Club has caused this Agreement to be executed by Mary Susan Millar, President of said club, with due authority to bind said club. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH I 'I II I By City Managerl Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk BAY COLONY GARDEN CLUB ~1a.A..L! ~ d.~ J.-LL,L(cvu President 4 The foregoing instrument was acknowledged before me this day of STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: , 2004, by , CITY MANAGER! AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2004, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF CITY/COUNTY OF \Jlr(~nln 1~(Uh, to-wit: II I I Garden Club. The foregoing instrument was acknowledged before me this w day of , 2004, by).- --~l!~;~~A'~'~~ ,,~', l\v'Y'i'!:q~ plJot.~\) .\.,..~, - ',n~l""lf\ Cr.' ... '''.''WEA' JH O~ It".,."", t";"'l',\~'''--''~' ,~::-;, \.ce;:, cr,:{' 31, 2007 "Y on.."'w':."'!')}! tA:VLv ,),.".. '. . Ivi -.....,.':I'.::.~~';'...::....____--~- President(Title), on behalf of Bay Colony Jl-Oo ,.., y\O.k .Jfr. 00."'\...{ Notary Public My Commission Expires: Approved as to content Approved as to Legal Sufficiency /", \., f-'y."r.-.." il') /'. ;,;" '.,.. /_"""-/! !or".:.:- ',L'h{J,.....~I,'\. Public Works/Real Estate 'City Rev. 07-24-02 5 EX. 13" PINE EX. 4" HOllY ROPOSED Ell EX. GUY WIRE EX. POWER METER EX. VIRGINIA POWER pall. EX. ORNAMENTAL SHRUBS T.V. PED SEWER EX. WM MAN Hall. f WATER f'Ee C~VALVE (60' R,IW}~v I ~ EX. >- EX. 14" - SHRUBS PINE EX. MYRTLE CONCRETE DRIVEWAY LOT-3 CONCRETE DRIVEWAY LOT-4 N LOT-5 EX. 14" PINE EX. MYRTLE PROP SPRIN HEAD( EX. SIGNS ",". I _ I EX. SEWER 4" FM ~MAN Hall. 8" PVC .-.-.-.-.-- .~!-._._._._._-----_._._._._._._._-_.- BAY C LhNY DRIVE (60' -;r/W) '-'-'-'--c.l .---' '\ I WATER S1iORM DRAIN VALVE M;\N HOLE dote: 11/ /03 COMMENTS: file: R-W AGREEMENT .dwg tech: PR proj.man.: EAG principle: WRP Wpl Civil Engineers land Surveyors . Land Planners Landscape Architects 757.431.1041 project: RED TREE CIRCLE GARDEN LINK HORN SAY, SEC. B proj. no. 203-1849 sheet 1 of 3 drawing no. C -1. 0 (M.B.18S. PG.39) scale: drawing title: 1"-30' ENCROACHMENT AGREEMENT PLAT CONCRETE DRIVEWAY LOT-4 CONCRETE DRIVEWAY LOT-3 N LIGHT POLE TV PED. LOT-5 ~WER EX. WM MAN HOLE WATER ~ e E C '--VALVE (60' FYW) V ~ >- EX. 14" PINE LOT-2 EX. SIGNS 4" FM BAY EX. SEWER MAN HOLE 8" PVC L NY DRIVE (50' yw) l~~ATER S ORM DRAIN VALVE M N HOLE \ date: 11/ /03 COMMENTS: file: R-W AGREEMENT .dwg tech: PR praj.man,: EAG principle: WRP Wpl Civil Engineers Land Surveyors ,Land Planners Landscape Architects 757.431.1041 project: RED TREE CIRCLE GARDEN L1NKHORN BAY, SEC. 8 proj. no. 203-1849 sheet 2 of 3 16 13 5 13 17 18 16 19 20 21 11 12 22 13 drowing no,c -1.0 scale: drawing title: (M.B.185, PG.39) 1-.30' ENCROACHMENT AGREEMENT PLAT PLANT SCHEDULE DESCPl10N KEY COMMON !WoE H\'DAAHOEA 2 DOGWOOD 3 NATlVEAZAJ..EA 4 EXJST1NQ ....... 5 GARDEN PA1H STONE e NATIVE AZAlEAS 7 EXlB'flrKlHOLLY B IiYDfWQ:A OAK LEAF 9 DWAFFYAUPON HOlLY 10 1lWlSI'tANTED VI1EX n TRANSPLANTEDVARL..flIOPE 12 MHJALS 13 PEFENNAL8 14 WITCIWoZEL 15 EXJST1NQ SPRUCE 18 FEfIoI/HOBTA t.IX 17 Cl.EIlflA 18 HYtlRANQEA '.AAtWI3...LE' 10 EEAlIlYBEIRY 20 RED IllO 21 H\'I'EACW 22 SEIMCEBEARY date: 11/ /03 COMMENTS: file: R-W AGREEMENT .dwg tech: PR proj.man.: EAG principle: WRP Wpl Civil Engineers land Surveyors . Land Planners Landscape Architects 757.43 t. to4 t project: RED TREE CIRCLE GARDEN L1NKHORN BAY, SEC. B proj. no. 203-1849 sheet 3 of 3 drawing no. C -1.0 (M.B.las. PG.39) scale: drawing title: 1..40' ENCROACHMENT AGREEMENT PLAT err ~B " \ -lti \ I" ~ _1/ 1 " " 0 b "II B ' \ I .. /\ 0 () 1 0 ( ..=- Ui -~- --- ~ Bj 81] 'iJ -- c'_.J- Ii (~ ',V-- o \\ ~Iq II \ " ,../ I" c:::J I'" 197 Ol~~~ 1'1'1 '-:.::: ~~,~r((/ \) \, "- ~ (3 /' II \\ --' 1/ LOCATION MAP SHOWING REDTREE COURT NORTH OF BAY COLONY DRIVE ,." SCALE: 1" = 200' 6? ~ ~ II~\ I \~ ~ ;J o ~OI:P n cJ L-J ,\1 1 )1 /:: ::::\ I I -;:::.~ I I ;~ \JO -:;:./ --Eh -~ " o ( \ o '8 -1] REDTREE CT.DGN M.I.S. PREPARED BY PIW ENG. CADD DEPT. FEB, 2004 - 43- Item V-K.9.b. ORDINANCES/RESOLUTION ITEM # 52471 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED: Ordinance to A UTHORIZE temporary encroachment into portions of City owned right-of-way known as Lake Rudee by GLEN A. and NICOLE WILLIAMS to construct and maintain a boat lift The following conditions shall be required: 1. The temporary encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval as to size, alignment and location. 2. The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. 3. The applicant shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the temporary encroachment. 4. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 5. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 6. The applicant agrees to obtain a permit from the office of Development Services Center/Planning Department prior to commencing any construction within the encroachment area. April 13, 2004 - 44- Item V-K.9.b. ORDINANCES/RESOLUTION ITEM # 52471 (Continued) 7. The applicant shall obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant must also carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or policies. The applicant must provide endorsements providing at least thirty (30) days' written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. 8. Any above-ground temporary encroachment shall conform to the minimum setback requirements, as established by the City Trajjic Engineer's Office. 9. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicantfor the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter; and, shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Ron A. Villanueva, RosemOlY Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Jim Reeve and Peter W Schmidt April 13, 2004 1 Requested by Department of Public Works 2 AN ORDINANCE TO AUTHORIZE A 3 TEMPORARY ENCROACHMENT INTO 4 A PORTION OF CITY OWNED 5 PROPERTY KNOWN AS LAKE RUDEE, 6 BY GLEN A. WILLIAMS AND M. NICOLE 7 WILLIAMS , THEIR HEIRS, ASSIGNS 8 AND SUCCESSORS IN TITLE 9 WHEREAS, Glen A. Williams and M. Nicole Williams desire to construct and 10 maintain a 10' x 10' boat lift within the City owned property known as Lake Rudee adjacent 11 to property located at 726 Kennedy Avenue. 12 WHEREAS, City Council is authorized pursuant to SS 15.2-2009 and 15.2- 13 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 14 the City's property subject to such terms and conditions as Council may prescribe. 15 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 16 OF VIRGINIA BEACH, VIRGINIA: 17 That pursuant to the authority and to the extent thereof contained in SS 15.2- 18 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Glen A. Williams and M. Nicole 19 Williams, their heirs, assigns and successors in title are authorized to construct and 20 maintain a temporary encroachment for a proposed 10' x 10' boat lift in the City owned 21 property known as Lake Rudee as shown on the map entitled: "Exhibit A, PIER AND 22 DAVITS IN: LAKE RUDEE AT LOT B1, KENNEDY AVE., VIRGINIA BEACH, VA 23456, 23 APPLICATION BY GLEN WILLIAMS," a copy of which is on file in the Department of 24 Public Works and to which reference is made for a more particular description; and 27 BE IT FURTHER ORDAINED, that the temporary encroachments are 28 expressly subject to those terms, conditions and criteria contained in the Agreement 29 between the City of Virginia Beach and Glen A Williams and M. Nicole Williams (the 30 "Agreement"), which is attached hereto and incorporated by reference; and 31 BE IT FURTHER ORDAINED, that the City Manager or his authorized 32 designee is hereby authorized to execute the Agreement; and 33 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 34 such time as Glen A Williams and M. Nicole Williams and the City Manager or his 35 authorized designee execute the Agreement. 36 Adopted by the Council of the City of Virginia Beach, Virginia, on the 13 37 38 39 40 41 42 43 44 45 46 47 48 49 day of April ,2004. PROVED AS TO CONTENTS (' ,. m&r . V"{lL()$6\r, NATURE pm Krd [Ilia/) DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FO &/~.~ CITY ATTORNEY CA- 91'11 PREPARED: 03/02/04 PREPARED BY VIRGINIA BEACH CITY ATIORNEY'S OFFICE EXEMP1ED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(3) AND 58.1-81 I (c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THISAGREEMENT,madethis~dayof j::'p/'/ru(J'.'Y ,2004,byandbetween the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and GLEN A. WILLIAMS AND M. NICOLE WILLIAMS, HUSBAND AND WIFE, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. I W I I' N E SSE T H: That, WHEREAS, the Grantee is the owner ofthat certain lot, tract, or parcel ofland designated and described as "Lot B-1, Block 40, Shadow Lawn Heights" and being further designated and described as 726 Kennedy Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a boat lift the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Rudee the Encroachment Area; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($ 1.00), inhand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee GPIN 2417-01-3257 permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "PROPOSED PIER AND DAVITS IN: LAKE RUDEEAT: LOT Bl, KENNEDY AVE., VIRGINIA BEACH, VA 23451, APPLICATION BY : GLEN WILLIAMS," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indell1IlifY and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out ofthe location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 2 It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard, It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the lr " I i I I I I I I I Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost " thereof to the Grantee, and collect the cost in any manner provided by law for the collection oflocal or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use ofthe Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied ifit were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City 3 y impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day hat the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection oflocal or state taxes. IN WITNESS WHEREOF, Glen A. Williams and M. Nicole Wiliams, the said Grantee has caused this Agreement to be executed by their signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalfby its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager! Authorized Designee ofthe City Manager i !. (SEAL) ATTEST: City Clerk !i ~~---~ ,gfer(A. Williams tLt eel {(i~ (}~(aQRJ~'--~ M. Nicole Williams 4 TATE OF VIRGINIA ITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2004, by ,CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2004, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: 5 II II II Ii I I STATE OF \!W'8V\iQ. Cm/COUNTY F \!\{5il/\l(( ~CLCJ.--.., to-wit: l g -\i- day of The foregoing instrument was acknowledged before me this ~'(\.lCt~ , 2004, by Glen A. Williams. My Commission Expires: l0l>~~ 30) =0 5 STATE OF Vi(~i.....ia. CITY/COUNTY OF \JiV"~v\\Q ~uct~ , to-wit: - , ~~L~~ , Notary Public The foregoing instrument was acknowledged before me this \&-I:h \{)o~\JI\V"j , 2004, by M. Nicole Williams. My Commission Expires: "'uv~"",~ ~Q, zoos APPROVED AS TO LEGAL SUFFICIENCY (~.-J""'O\J..-~,. ~L_ L f- CITY ATTORNEY Rev. 07-24-02 day of ~la,~, o-=t \--\.u,~ ~\ Notary Public APPROVED AS TO CONTENT . "-, "'-/l.i/lf...'<'".' 1_ c /:-: .,_ \'/. ~~. . ,_ " /L'..(I.. "-' f~, OITY REAL EST ATE AGENT 6 j. \ ~AKE RUDEE .~ 1.. H -+aTJ1~ W 2.2>>' .. -;, J# ;},A .-&--~. , ... ~: AJ OtEl1HTn+S B(.,-in.....H~r y,,/;d l~j,: _ ri..J}ll~ljt.to '"N AUCi-!-D~~ WiTH MANVF(<\cr\..JZE12..~ ~. gJ-~c.LCIY\~Nr>.....Tit;,.~..j5 ,i\N> Sf€c::...1 Flv\TI(,}j~> NjF M.R. MONDON ALL Ac..c.t:S5 'If) .131& 1b Y IN'rFiEZ...... c:w ~ FOcrr I12..APFiL IH-e.u- YPr1LV. IPF PLAN VIEW SCALE 1" = 30' IFF EXHIBIT "A" NOTE: MLW 0.0 AT Toe OF EXISTING RIPRAP. MHW 3.D HAlFWAY UP EXISTING RIPRAP. N/F I McCHESNEY: , EW' 0 ---- ' - ___ ElAPJ 0 .. ,- t;;;~rwc.,. ~ruFr ~ IPF :. ;; 8 ~ g "'.... IPF NAlL AT 70.10' . ,e' ':!' '> ~ ~ ;.., Q :i r------------, I I I I I I I I ,-J PROP. : : .3-S-FRM: I I I I I , I ,____-1 I I J J L___-,.,..._.__J ;., " 9 10 11 12 13 -------- 14- N/F M.L BETTENCOURT - -~_____ .0. _._____.. ~. ~ .. " ~ LOT B-1 IFF CONSUL TING, INC. ALL RIGHTS RESERVED. M 7fnfsr E ~ PURPOSE: BOA TlNG ACCESS DA TUM: MLW = 0.00' A.P.O.'S 1. MARY R. MONDON 2. T.L HARP 3. LEONARD H. BURNS, JR. 4. SHIRLEY W. McCHESNEY 5. MICHAEL l BETTENCOURT WA TERFRONT CONSULTING, INC 1112 JENSEN DRIVE, 5TE. 206 VIRGINIA BEACH, VA 23451 PHONE!FAX: (757) 425-8244 ENGINEERING SERVICES PROVIDED BY: BRYANT B. GOODLOE:, P.C. PHONE: (757) 238- 3835 C"~' <f?~ ' ""'\/l~~.p. F-=\lISE.P ,C 1/ ;2.104 .....~--~'-,--,"--, ......, .,~ 15 ------~-- KENNEDY AVENUE (50') PROPOSED PIER AND DAVITS IN: LAKE RUDEE AT: LOT 81, KENNEDY AVE. VIRGINIA BEACH, VA 23451 APPUCA TlON BY: GLEN WILLIAMS SHE : MARCH 19, 2002 efOz~4}~ f4 \ LAKE RUDEE \ \ .. H 4G"'~1- W 2..2SI' .~, ..... , '" ....."'\}.).,. '-v.~- , .. " 't "'.- ~ "TE. "11t"\T -'/li-t::.- Q,. .eC!~n_lI::r y,\/";jj L~t: ~ r!~>T/.'\I'';_D IN A(.tC":':'D,.wc.:=.~ ~ ITH MANt-\F=Acr\..ize.tZ.~ ~- ~-U:C.Y\&.NCJ".-nt;"~-4$ i~N:> Sf'€"-:'-l F"lv\YIOhJ5 NjF, MR. MONDON ALL Accc::S..s TD J3/E- 1by v-/A'TEL... CN ~ FOOl I12-AFFi C 11-+IZ.u- YA-';ZU. PLAN VIEW SCALE 1" = 30' n Q :Ii :; n " ~ IPF EXHIBIT" A" NOTE: MLW 0.0 AT TO(: OF EXISTING RIPRAP. MHW 3.0 HAlFWAY UP EX1Sl1NG RIPRAP. 9 -------~--------- 10 1 1 "l-H V NjF I McCHESNEY: , ew: 0 ---__ Et.tP:o .. -,- r:::~TWc..' ac...ullr' 13 12 NAIL AT 70.10' - - - --- ----- ,...---.--------, I , I , , , I I ,...J PROP. l : 3-S-FRM: I I I I I I I r----..J I I I , L___"'"\-___J 'J; ., 1+ ~ N/F M.L BETTENCOURT 15 LOT B-1 IPF "76'fI'~E 5Q..gQ" CONSULTING. INC. ALL RIGHTS RESERVED. KENNEDY AVENUE (50') PURPOSE: BOA TlNG ACCESS DATUM: MLW = 0.00' A.P.O.'S 1. MARY R. MONOON 2. T.L HARP 3. LEONARD H. BURNS, JR. 4. SHIRLEY W. McCHESNEY 5. MICHAEL L. BETTENCOURT WATERFRONT CONSULTING, INC 1112 JENSEN DRIVE. STE. 206 VIRGINIA BEACH. VA 23451 PHONE/FAX: (757) 425-8244- ENGINEERING SERVICES PROVIDED BY: BRYANT B. GOODLOE, P.C. PHONEc (757) 238-3835 (-~\I~>~' . T' 1Ze\J i~EP \..~ , I i2.I04~ '---......._.--"---_...._-_..~,... PROPOSED PIER AND DAVITS IN: LAKE RUDEE AT: LOT 81. KENNEDY AVE. VIRGINIA BEACH. VA 23451 APPUCA TlON BY: GlEN WILLIAMS It''. "\ \~o.\ o-%r4h .'\ .. ,J~ ..: o~ " 0 ~ \r' '.., -',-T -, ~ \\'" ~' 'V ,. ~ =-- 'i. (pI '.~AU( ~ ... -li~_ \ \....j'\I\I..---\'\\'. ~~,J;1 I" ~ ~, .' \:: .... 1\ ... J:J ~ri~ ~~ ... \,O\qf\ r<r -:{f" ~. : P- .... v,~~, :.:: --::::~ t\q~~~, "J \ ~\~'~~'.l"._,~P\ "',. .~~ tj'. '." ~. \.1~. ~~"t.x \....\'-1\ ~ ~=-'"' I) ~, L ',. r- ~ \ \' ", f.c. '._ r" .'\' ~ ~ \ <i> \~ \ " ,\ ,j),'''''' , 1_ \ R-O'l\ 0 "\ ~'. ~,~\... ''.~-' """';, ~'... ... ',rt'\\\" , =-- ./, ,il''.''\ ... (<'I .' '\ \ " " ,~o ~ ,"1---- U 1l ' \' " \ 17~ 0 l \ , '"\\..--"' \ ~ '\ Lrl 0 \ " '~\ \ ~~ \ ,Lt--- \\~ ' \ ,--1,'.\ \..-H' " ~\ +- oQ , ~ ~r\l.. ' :;....----~.l."-". ,~" ,y" " I rn~ '.'... l\~' ' ' ':::----I-o~' 'f':'I ' d~ ..... ~.'.\ ,',.., '.... I \0~ ,tt '. ~ \ ~:\"'.' , ... ~ ~\ \ "'l..\,.~ " ... ... :\.i ' :-'C, ". - ~ ~\fl' pl\~~f'"f~~, '. '\ \\ \, ... ;, \0\ @ ',~, '.d' \ ~" '~\, \ \' \.. :~'" P-_ ~_ - \ , ~ ,,, \ \ ' , ,\ " \ ,\ \ \ \ \ ~ ---, \ '\ '_\ \ \ \ \, \ \ "- . " '" "';..111'. 'ILI-'. N~ \' '.' '.l, ,'. i,~ '" II i\\~~, ,~ \ ~\\\\ ',',l\r':', ''.~ ',", \~. ,,'.J\ \ " J;l --a~ ~ I\.- '. '. 1,~ '~,~ \-:::J ~ ""' ' \'.~" ", \\"'h I...\\n~~~'."\<t'... \,,:;-: ,,\\1"1 e,.~,~", \~),}; e,.V?) 1\\ \\J~~::::-:: ',,~~;\\\..;Q... "LA') ~;o~a,rl :t ~~~~, ':~::L~o-'/~~~"< ~\. ~~ U ::~~EDY AVE. '\';? I\V ....;..~:"r- ,\", .~ , ~ K, .. '.' 'W\ r\. ~'~ ___~... 1 1C\,"'\.lp:~~"" ~\"I1~1 \'I'~ ~~~~~ 2 \" eo. " " "'" R?:l"\ ,,~':I:" L_ ,v , r" =-- -:J' :-, \\' :;;"S' ;;:;. ..... ~~,""\ 1 qF y ~ ,,Ix ,11\ '::-\. \ \) ~ \' ~ p'dI JCJ ......' ejWJe~~ e.~r ~/ LAKE RUDEE \~,'.';~ ~ V V t \ - \ , /1" ~:::::Q/. ~ , /~ /. ", eN / 7 '. / / / / ; I - LOCATION MAP SHOWING ENCROACHMENT REQUESTED BY GLEN A. WILLIAMS AND NICOLE WILLIAMS INTO CITY PROPERTY KNOWN AS LAKE RUDEE ADJACENT TO 726 KENNEDY AVENUE '/ '- 1" - 200' KENNEDY .DGN M.J.S. PREPARED BY PM' ENe. CADD DEPT. MARCH 2004 - 45- Item V-K.IO. ORDINANCES/RESOLUTION ITEM # 52472 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $9,000 from donations to the Library Department re a foreign language materials collection. Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, RichardA. Maddox, Mayor Meyera E. Oberndorf, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Jim Reeve and Peter W. Schmidt April]3, 2004 1 AN ORDINANCE TO ACCEPT AND 2 APPROPRIATE $9,000 FROM DONATIONS TO 3 THE FY 2003-04 OPERATING BUDGET OF 4 THE LIBRARY DEPARTMENT TO DEVELOP 5 A FOREIGN LANGUAGE MATERIALS 6 COLLECTION 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 1. That a $7,000 donation from the Library Foundation and a $2,000 11 donation from The Friends of the Library are hereby accepted and appropriated to the FY 12 2003-04 Operating Budget of the Library Department to develop a foreign language materials 13 collection in the Virginia Beach Public Library. 14 2. That revenue from donations in the FY 2003-04 Operating Budget is 15 hereby increased by $9,000. 16 Adopted by the Council of the City of Virginia Beach, Virginia, on the -1.3- 17 day of April ,2004. 18 19 20 CA-9197 21 H: \PolicyandAdministration\GG\Ordinances& Resolutions\Library 1.ord.doc 22 R2 23 March 24. 2004 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: <( ~-- ~ ~~)Jr. City Attorney's Office - 46- Item V-IUI. ORDINANCES/RESOLUTION ITEM # 52473 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED: Ordinance to TRANSFER $895,868 from Beach Replenishment to Rudee Inlet infrastructure improvements to enhance navigation and protect shoaling. Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, RichardA. Maddox, Mayor MeyeraE. Oberndorf, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Jim Reeve and Peter W. Schmidt April 13, 2004 1 AN ORDINANCE TO TRANSFER $895,868 FROM CAPITAL 2 PROJECT #8-008, BEACH REPLENISHMENT, TO CAPITAL 3 PROJECT #8-006, RUDEE INLET INFRASTRUCTURE 4 IMPROVEMENTS, TO COVER UNANTICIPATED INCREASES IN 5 CONSTRUCTION COSTS 6 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That $895,868 is hereby transferred from Capital 11 Improvement Project #8-008, "Beach Replenishment" to 12 Capital Improvement Project # 8-006, "Rudee Inlet 13 Infrastructure Improvements" to cover unanticipated 14 increases in construction costs. 15 16 Adopted by the Council of the City of Virginia Beach, 17 Virginia on the 13 day of April 2004. 18 19 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY ~~~se~ CA-9213 April 2, 2004 Rl H:\PA\GG\ORDRES\RUDEE INLET ORD.DOC - 47- Item V-K.12. ORDINANCES/RESOLUTION ITEM # 52474 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED: Ordinance to AUTHORIZE reimbursement to a Police Officer for legal fees and expenses incurred by him in his defense of a criminal charge that was dismissed by the Circuit Court. Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, RichardA. Maddox, Mayor MeyeraE. Oberndorf, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Jim Reeve and Peter W Schmidt April 13, 2004 AN ORDINANCE AUTHORIZING THE REIMBURSEMENT OF A POLICE OFFICER FOR LEGAL FEES AND EXPENSES INCURRED BY HIM IN HIS DEFENSE OF A CRIMINAL CHARGE THAT WAS DISMISSED BY THE COURT WHEREAS, a Virginia Beach police officer was charged with assault for actions arising out of the performance of his official duties; WHEREAS, at a trial held in the Virginia Beach General District Court on January 12, 2004, the charge against the officer was dismissed; WHEREAS, in the defense of said charge, the officer incurred legal fees and expenses in the amount of $1,500, and has requested the City to reimburse him for such fees and expenses; WHEREAS, Section 15.2-1171 of the Code of Virginia provides that "(i) f any law-enforcement officer shall be investigated, arrested or indicted or otherwise prosecuted on any criminal charge arising out of any act committed in the discharge of his official duties, and no charges are brought, the charge is subsequently dismissed or upon trial he is found not guilty, the governing body of the jurisdiction wherein he is appointed may reimburse such officer for reasonable legal fees and expenses incurred by him in defense of such investigation or charge"; WHEREAS, the City Attorney's Office has reviewed the circumstances of this case, assessed the itemized bill submitted by the officer's legal counsel, and determined that the legal fees and expenses incurred by the officer are reasonable. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Chief of Police is hereby authorized to expend funds in the amount of $1,500 from the FY 2003-04 Operating Budget of the Police Department for the purpose of reimbursing a police officer for legal fees and expenses incurred by him in his defense of a criminal charge brought against him arising out of the performance of his official duties. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13 day of IIpr; 1 , 2004. CA-9195 H/GG/ordres/legalfees.ord.doc R-3 March 26, 2004 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: -=r;'771L<i j f2 <---7 A' < Police Department ''\.. ~[~~ City Attorn ' Off ce 2 - 48- Item V-L. ITEM # 52475 PLANNING 1. CHRISTIAN CHAPEL ASSEMBLY OF GOD 2. LYNNHAVEN PRESBYTERIAN CHURCH CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT April J 3, 2004 - 49- Item V-I.1. PLANNING ITEM # 52476 The following registered in SUPPORT: Reverend Tom Conant, 1405 Powder Ridge Court, Phone: 471-8886, represented the Church and its members and advised the jet noise has never been a problem for anyone in the Church. There are no plans for a day care or school. Reverend Conant read the letter signed by all Church Members to the Mayor and City Council, which is hereby made a part of the record. Attorney R. Edward Bourdon, Pembroke One, 5'" Floor, Phone: 499-8971 Thefollowing registered in OPPOSITION: Captain Stuart Bailey, Executive Officer - NAS Oceana, Phone: 433-3158, advised the proposed site is approximately 5 miles southwest of Oceana and 3 miles north of Fentress. It lies in the greater decibel day/night average zone and directly in line with Runway 5, one of the busiest runways. Upon motion by Councilman Maddox, seconded by Council Lady Wilson, City Council DEFERRED INDEFINITELY to allow completion of the Joint Land Use Study (JLUS) Ordinance upon Application of Christian Chapel Assembly of God for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF CHRISTIAN CHAPEL ASSEMBLY OF GOD FOR A CONDITIONAL USE PERMIT FOR A CHURCH Ordinance upon Application of Christian Chapel Assembly of God for a Conditional Use Permit for a church on property located at 2751 Salem Road (GPlNS 14834859920000; 14835900590000; 14835901080000; 14835992570000). DISTRICT 7 - PRINCESS ANNE Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Margaret 1. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, RichardA. Maddox, Mayor MeyeraE. Oberndorf, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Jim Reeve and Peter W Schmidt April 13, 2004 - 50- Item V-L2. PLANNING ITEM # 524 77 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED an Ordinance upon application ofL YNNHA VEN PRESB YTERIAN CHURCH for a Conditional Use Permit ORDINANCE UPON APPLICATION OF LYNNHAVEN PRESBYTERIAN CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH (EXPANSION) R040431169 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Lynnhaven Presbyterian Church for a Conditional Use Permit for a church (expansion) on property located at 136 South Lynnhaven Road (GPIN 14975328170000). DISTRICT 6-BEACH The following conditions shall be required: 1. The church shall work to prevent parking problems by not scheduling events in both sanctuaries simultaneously. 2. Development shall substantially adhere to the submitted site plan to include any amendments required by the City Council. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of April, Two Thousand Four Voting: 9-0 (By Consent) Council Members Voting Aye: Harry E. Diezel. Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Jim Reeve and Peter W Schmidt April 13, 2004 - 51 - ITEM # 52478 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purposes: PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A) (1). Appointments: To Wit: Appointments: Boards and Commissions: Board of Building Code Appeals - (a) Plumbing/Mechanical (b) Building Maintenance Hampton Roads Economic Development Alliance - HREDA Health Services Advisory Board Historical Review Board Open Space Committee Parks and Recreation Commission Public Library Board Towing Advisory Board PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, the disposition of publicly- held property, plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.2-3711(A)(3). Acquisition/Disposition of Property - Beach District Princess Anne District PUBLIC CONTRACT: Discussion or consideration by a responsible public entity or an affected localjurisdiction, as those terms are defined in Section 56-557, of confidential proprietary records excludedfrom this chapter pursuant to Section 2.2- 3705(A)(56) AND Discussion of the award of a public contract involving the expenditure of public funds; and, discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body. Contractual Negotiation: Town Center - Block 8 31s Street Upon motion by Councilman Maddox, seconded by Councilman Wood, City Council voted to proceed into CLOSED SESSION (7:18 P.M.). April 13, 2004 - 52- ITEM # 52478 (Continued) Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Jim Reeve and Peter W. Schmidt [7:18 P.M. to 9:24 P.M.] April 13, 2004 - 53- ITEM # 52479 Mayor Meyera E. OberndorfRECONVENED the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday. April 13, 2004, at 9:25 P.M. Upon motion by Councilman Maddox, seconded by Councilman Wood, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Richard A. Maddox, Reba S. McClanan, Mayor Meyera E. Oberndorf ' Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Peter W. Schmidt and Jim Reeve April 13, 2004 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 52478, page 51, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3711 (A) of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. <&~~o/~ uth Hodges Smith, MMC City Clerk April 13, 2004 Item V-M.l. - 54- APPOINTMENTS ITEM # 52480 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS, BOARD OF BUILDING CODE APPEALS - (a}PlumbingIMechanical (b}Building Maintance HEALTH SERVICES ADVISORY BOARD PUBLIC LIBRARY BOARD SCHEDULED Ordinance for Council's April 27, 2004 agenda Amend Virginia Beach Code Section 17-3 Change Membership to reflect two (2) Students Add a Representative of the Schools to the membership TOWING ADVISORY BOARD Aprill3, 2004 - 55- Item V-M.2. APPOINTMENTS ITEM # 52481 Upon motion by Vice Mayor Jones, City Council APPOINTED and/or REAPPOINTED to the following City Council-appointive agencies: APPOINTED: Sanford Sandy" M.Cohen Unexpired 1 year term 4/1/04 - 12/31/04 Plus 3 years 1/1/05 -12/31/05 HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE APPOINTED: Joseph Miller Unexpired thru - 10/31/05 HISTORICAL REVIEW BOARD APPOINTED: Dale W. Sexton 3 year term 6/1/04 - 5/31/07 And REAPPOINTED: Fred G. Adams Richard "Tuck" Bowie Lillie R. Gilbert Steven A. Lurus 3 year terms 6/1/04 - 5/31/07 OPEN SPACE ADVISORY COMMITTEE April 13, 2004 - 56- Item V-M.2. APPOINTMENTS ITEM # 52481 (Continued) APPOINTED: Robert Barnaby At Large Unexpired thru -8/31/06 John M. Ickes Rose Hall District 3 Unexpired thru -8/31/06 Plus 3 years 9/1/04 - 8/31/07 Dale W. Sexton Centerville District 1 Unexpired thru -8/31/06 PARKS and RECREATION COMMISSION Voting: 9-0 [all appointments...one vote} Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Richard A. Maddox, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva, Rosema~y Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Peter W Schmidt and Jim Reeve April 13, 2004 V-N.I. NEW BUSINESS BY CONSENSUS, City Clerk to RECORD: - 57- ITEM # 52482 ABSTRACT OF CIVIL LEGAL CASES RESOLVED - FEBRUARY 2004 Aprill3, 2004 CIVIL LAWSUITS RESOLVED DURING THE MONTH OF FEBRUARY 2004 Virginia Beach Circuit Court Bessie Durkowski v. City of Virginia Beach - negligence In March 2003, Bessie Durkowski re-filed this suit seeking $250,000 for injuries resulting from tripping and falling on a sidewalk in March 2001. The incident, which resulted in injury to her left wrist, and other bruises, occurred along Mill Dam Road near the Great Neck Road intersection. On February 12,2004, after a day and a half trial, the jury returned its verdict in favor of the City. Laura Barkey v. City of Virginia Beach and S. B. Ballard, Inc. - negligence This suit for $150,000 was served in March 2003, and alleged personal injuries resulted from a March 26, 2000, bicycle accident on the Boardwalk, between 16th and 17th Streets. Laura Barkey claimed the City and Ballard, the beachfront improvement contractor, were negligent and grossly negligent in maintaining the condition of the Boardwalk. Barkey has non-suited the case. By statute, it may be re-filed within six months. Virginia Beach General District Court Lester T. Palmer v. City of Virginia Beach Risk Management Division - negligence. Lester Palmer, without an attorney, filed this suit asking for $4500 in damages for personal injuries apparently claimed to have resulted from debris thrown from a City lawnmower at Princess Anne Park. The accident is alleged to have happened on July 23, 2002. On February 6, 2004, the court granted our motion to quash service and dismissed the suit as filed, against Risk Management. - 58- Item V-Po ADJOURNMENT ITEM # 52483 Mayor Meyera E. OberndorfDECLARED the City Council Meeting ADJOURNED at 9:28 P.M. ~m_d}:_~_~/,.J ;~:~;l;~ Hooks, CMC Chief Deputy City Clerk Ruth Hodges Smith, MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia April 13, 2004