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Home My WebLink AboutAPRIL 27, 2004 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORJ<; AI-Large VICE MA YOR LOUIS R. JONES, Bayside - District-l HARRY E. D/EZEL Kemp.wille - District 2 MARGARHT L. EURE, e'en/erville - DIstrict I REBA ,')'. McCLANAN, Rose Hall- District 3 RICHARD A. MADDOX, Beach - District 6 .JIM REEV~', Princess Anne - Distrid 7 /'}:TER W SCHMID1: At-Large RON A. VILL4NUlWA, At~{,arge ROSEMARY WILSON, At-I.arge JAMES L WOOD, l..ynnh<<vcn -District 5 CITY COUNCIL AGENDA CITY MANAGER - JAMES K. SPORE CIIT A1TORNEY - LESLIE L ULLEY CiTY CLhl?K - RUTH HOD(1ES SMITH, MMC 27 April 2004 1. Conference Room BUDGET WORKSHOP A. FY 2004-05 RESOURCE MANAGEMENT PLAN I. Quality Physical Environment and Quality Organization Catheryn Whitesell, Director, Management Services II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS IV. INFORMAL SESSION Conference Room A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH. VIRGINIA 23456-8005 PHONE:(757) 427-4303 FAX (757) 426-5669 E. MAlL: Ctycnc/@vbgov.com 1:30 P.M. 3:30 P.M. 4:00 P.M. V. FORMAL SESSION Council Chamber 6:00 P.M. A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Father James Parke Church ofthe Ascension C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES I. INFORMAL AND FORMAL SESSIONS April 13, 2004 G. AGENDA FOR FORMAL SESSION H. MAYOR'S PROCLAMATION I. "SPECIAL OLYMPICS DAY" 1. PUBLIC HEARINGS 1. ARROWHEAD ELECTION PRECINCT Change from Arrowhead Elementary School to Carrow Baptist Church 2. FY-2004 CAPITAL BUDGET AMENDMENT Sanitary Sewer Pump Station Modifications 3. CITY-OWNED PROPERTY LEASE E. R. Cockrell at Nimmo Parkway and West Neck Road (DISTRICT 7 - PRINCESS ANNE) J. CONSENT AGENDA K. ORDINANCES/RESOLUTION I. Ordinance to CHANGE the Election Precinct from Arrowhead Elementary School to Carrow Baptist Church (Deferred March 2, 2004). 2. Ordinance to LEASE certain farmland to E. R. Cockrell, Jr. at Nimmo Parkway and West Neck Road. (DISTRICT 7 - PRINCESS ANNE) 3. Ordinance to AMEND the FY -2004 Capital Budget and APPROPRIATE $1.3 Million re Pump Station Modifications - Phase IV to increase the reliability of the Tier I sanitary sewer pump stations. 4. Ordinance to AUTHORIZE temporary encroachments by BRUCE L. THOMPSON to maintain an existing pier, boat lift and bulkhead and construct three (3) mooring piles, a floating pier, aluminum gangway, riprap and fill at 464 Southside Road in Lake Wesley. (DISTRICT I - BEACH) 5. Ordinance to APPROVE the School Board's request to TRANSFER $1,737,857 in the FY 2003- 04 School Operating Budget from the categories of Instruction; Administration, Attendance and Health and Transportation to Operations and Maintenance: $100,000 $160,000 $252,857 $180,000 $235,000 $300,000 $200,000 $300,000 $1,137,857 $600,000 Custodial Equipment Musical Instrument Repair Trilogy Locks Walkie-talkies Fleet Vehicles Landscape Services Copiers Academy Building Modifications Instruction to Operations and Maintainence Operations and Maintenance 6. Ordinances to ACCEPT Grants and APPROPRIATE the funds as follows: a, $9,180 from the Norfolk Foundation, to the FY 2003-2004 Operating Budget for the Library Department re access to online databases. b. $567,130 from the Department of Justice re purchase of equipment for preparedness and response to weapons of mass destruction (WMD) events as recommended by the Safe Community Strategic Issue Team 7. Resolution re EXECUTION of the Hampton Roads Metropolitan Medical Response System Mutual Aid Agreement and the Medical Strike Team Memorandum of Understanding (MOD) re emergency aid and assistance in event of a disaster or emergency. L. PLANNING 1. Application of BAY BREEZE CONDOMINIUMS for discontinuance, closure and abandonment of a portion of Summerville Court at Carver Avenue re development of condominiums, (BEACH - DISTRICT 6) RECOMMENDATION: APPROVAL 2. Petition of RONALD C. and DONNA G. RIPLEY for a Variance to * 4.4(b) that requires all newly created lots meet all the requirements ofthe City Zoning Ordinance (CZO) at 41 01 White Acres Road. (DISTRICT 4 - BA YSIDE) RECOMMENDATION: APPROVAL 3. Application of VIRGINIA WESLEYAN COLLEGE for a Conditional Use Pennitto construct a three-story student dormitory and row-house residences at 5817 Wesleyan Drive. (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION: APPROVAL 4. Application of JEFFREY K. FRANCES, INC. for a Conditional Use Permit re an off-site parking lot for a proposed restaurant at 2149 Vista Circle. (Deferred March 23, 2004) (DISTRICT 5 - L YNNHA VEN) RECOMMENDATION: APPROVAL 5. Applications of OBFP, INC. (Ocean Breeze Fun Park) at 700 South Birdneck Road. (DISTRICT 6 - BEACH) a. MODIFICATION of a Conditional Use Permit approved June 23, 1986, re Aqua Sports, Inc. to remove the amusement park from subject site land area. RECOMMENDATION: APPROVAL b. Chanze of Zoninz from A-12 Apartment District and R-IO Residential District to Conditional L-l Light Industrial District re light industrial office-warehouse park. RECOMMENDATION: APPROVAL M. APPOINTMENTS BOARD OF BUILDING CODE APPEALS - (a)PlumbinglMechanical (b )Building Maintenance HEALTH SERVICES ADVISORY BOARD OPEN SPACE COMMITTEE 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 P. ADJOURNMENT MAY 4,2004 COUNCILMANIC ELECTION City Council cancelled their Regular Sessions and encourages all citizens to experience their right to vote in Virginia Beach 2004-2005 RESOURCE MANAGEMENT PLAl'I REMAINING SCIIEDULE EVENT TOPIC LOCATION DATE Workshop Reconciliation Workshop Council May 6, 2004 Conference Room Council Chamber May II. 2004 City Council Vote on Resource Management Plan Adoption of FY 2004-2005 Resource Management Plan ********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) * * * * * * * * * * * Agenda 04/17 !04st www.vbgov.com MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia April 27, 2004 Mayor Meyera E. Oberndorf called to order the BUDGET WORKSHOP re FY 2004-2005 RESOURCE MANAGEMENT PLAN re Quality Physical Environment and Quality Organization in the Council Conference Room, City Hall, on Tuesday, April 27, 2004 at 1:30 P.M. Council Members Present: Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Margaret L. Eure [Entered: 1:48 P.M.] -2- BUDGET WORKSHOP FY 2004-2005 RESOURCE MANAGEMENT PLAN 1:30P.M, ITEM # 52496 Mayor Oberndoif advised Eleven (11) years ago today, her first grandchild, Lila, was born in Richmond, Virginia. QUALITY PHYSICAL ENVIRONMENT Catheryn Whitesell, Director - Resource Management, advised the FY 2004-2005 Resource Management Plan includes $289.8-MILLION for Quality Physical Environment comprised of$207.2-MILLION in the Operating Budget and $82.6-MILLION in the Capital Budget. This business area is comprised of the Departments of Planning and Community Development, Public Works and Public Utilities. This business area represents 16. 7% of the total Operating Budget and 46.6% of the total Capital Budget. Public Works represents the largest portion of the fundingfor Quality Physical Environment. As a part of the consolidation of General Services into the various existing departments, Public Works is now responsible for both building maintenance and the City garage. This consolidation added two hundred thirty-seven (237) personnel to the department and increased the department's budget by $30.7-MILLION Approximately $200,000 was saved through this consolidation and two (2) positions were eliminated. Public Works receives approximately one-third of its budget through State maintenance of road funding. Public Utilities represents 39.11 % of the total funding in this business area. This department generates revenues through charges for services to fully offiet its cost. Both the Planning and Public Works Budgets include increases in various fees to offset the cost of providing service. The Capital Improvement Program includes the implementation of Phase 11 of the "intelligent" transportation system and fundingfor a variety of other roadway and utility projects. State funding through the Virginia Department of Transportation (VDOT) is included in the CIP based on the current urban allocation. The City's two (2) utility operations generate 45% of the total revenue in this business area. Funding. totaling $6.2-MILLION, is provided through the Storm Water Utility fund for existing and new projects to continue to address City Council's destination points and the City's strategies in the Stormwater Management area. Approximately twelve (12) stormwater projects will be under construction in FY 2004-2005. Council Goals Improved transportation system Traffic management State and Federal transportation funding Improved City infrastructure Fifty-seven (56) water and sewer systems expansion and renovation Storm water management Rudee Inlet infrastructure improvements ($3.6-MILLION) Improved customer service, service delivery and City services Customer information and billing system Upgraded waterway.. and water utility Lynnhaven watershed restoration demonstration project More competitive Resort destination for businesses and tourists Beach profile monitoring April 27, 2004 - 3 - BUDGET WORKSHOP FY 2004-2005 RESOURCE MANAGEMENT PLAN ITEM # 52496 (Continued) QUALITY PHYSICAL ENVIRONMENT The City Manager advised Robert J. Scott, Director of Planning, is in Washington, D. C. accepting an award. The City Council, Planning Commission and staff are being recognized, the second time in a row, for the most outstanding Comprehensive Plan in the Commonwealth of Virginia. Tom Pauls, Comprehensive Planner, advised there are six (6) Divisions under Planning. Karen Lasley, is in charge of the Boards and Commissions Division (Planning, Wetlands) and is also the Zoning Administrator. Concern was expressed relative debris on Salem Roadfrom Hurricane Isabel and in the Princess Anne Plaza neighborhood. E. Dean Block, Director of Public Works, will respond to the situation. Concerning the landscaping amendments, Cindy Curtis, Director of Parks and Recreation, will respond. Relative the new parking lot constructed at the Virginia Marine Science Museum and the loss of trees, information will be provided. April2?,2004 - 4- BUDGET WORKSHOP FY 2004-2005 RESOURCE MANAGEMENT PLAN 2:25 P.M. ITEM # 52497 QUALITY ORGANIZATION Catheryn Whitesell, Director - Resource Management, advised the FY 2004-2005 Resource Management Plan includes $59.5-MILLION for Quality Organization comprised of$55.9-MILLION in the Operating Budget and $36-MlLLION in the Capital Budget. This business area is comprised of the Departments of Audit Services, City Manager, Real Estate Assessor, City Treasurer, Commissioner of the Revenue, Communications andInformation Technology, Finance, General Registrar, Human Resources, City Attorney, Legislative, Management Services and Non-Departments. This business area represents 4% of the total Operating Budget. Of the thirty-seven (37) positions eliminated with the upcoming budget, 9.2 were from this business area. Capital project funding for this business area is exclusively for technology projects, including the replacement of the City's tax systems, a purchase of a document imaging system to reduce storage issues andfunding is provided to maintain the extensive technology infrastructure in terms of wiring, servers and other hardware. Two (2) adjustments were made to the Quality Organization Capital Improvement Program to allow adequate funding to be directed toward the replacement of the tax ;ystems: Delay by five (5) years, the replacement of the City's twenty-year old personnel system. Communications and Information Technology will continue to try to keep the older system operational during this delay. Electronic Voting Machines projects reduced in funding and split into two (2) projects. The replacement of these machines is required under the "Help America Vote Act ". The first project appropriates Federalfunding to provide one (1) ADA compliant machine at each precinct by January 1, 2006. This project is 100% funded by the Federal Government The Second project is for a study of the best means to replace the "punch card" system currently utilized by the City. There are currently two industry standards to accomplish this requirement: optical scanning equipment or direct recording electronic equipment. There are storage, power and long term support requirements. The recommended study would examine each option from a technical per;pective and would factor in cost concerns outside of just acquiring the machines. The different options will also receive differing amounts of Federal support. The Quality Organization business area contains three (3) internal service funds. Funding to support the Department of Information and Technology, the Print Shop and the Risk Management Office is provided by charging other departments for their services. State funding is a small portion and is provided as reimbursement of the offices of City Treasurer, Commissioner of Revenue and General Registrar. April 27, 2004 -5- BUDGET WORKSHOP FY 2004-2005 RESOURCE MANAGEMENT PLAN ITEM # 52497 (Continued) QUALITY ORGANIZATION Council Goals Improved customer service, service delivery and City services General Services reorganization Electronic ballot system Phase 2 Permits and Inspections Interactive Internet system Police to citizen internet software module Fagan Stackhouse, Director of Human Resources, advised relative the Workforce Planning Development efforts, every department will have the responsibility to devise a Strategic Plan for the next five to ten years relative reduction or increase of personnel (i.e retirement). Museums and Human Resources are currently conducting a pilot program. An update will be provided to City Council in June. City Council Recess 2:44 P.M. - 2:55 P.M. April 27, 2004 - 6- AGE N DA REV I E W S E S S ION 2:55 P.M. ITEM # 52498 Council Members Maddox, Reeve and Villanueva distributed a proposed Resolution: Resolution to DIRECT the City Manager implement the recommendations of the Senior Citizen Real Estate Tax Relief Task Force. The City Manager requested this item be considered with the FY 2004-2005 Resource Management Plan Reconciliation Workshop (May 6, 2004). Councilman Maddox will be in Denver, attending the BRT Conference on May Sixth. Councilman Villanueva will also be unable to attend as he has been selected to attend the Asian Pacific American Institute for Congressional Studies Leadership Academy and is one of the eight (8) selected officials from around the nation to attend. Information relative the financial impact of this Resolution shall be provided. ITEM # 52499 K.4. Ordinance to AUTHORIZE temporary encroachments by BRUCE L. THOMPSON to maintain an existing pier, boat lift and bulkhead and construct three (3) mooringpiles, ajloatingpier, aluminum gangway, riprap andfill at 464 Southside Road in Lake Wesley. (DISTRICT i-BEACH) Council Lady Wilson will ABSTAIN. ITEM # 52500 BY CONSENSUS: thefollowingshall compose the CONSENT AGENDA: ORDINANCES/RESOLUTION K.i. Ordinance to CHANGE the Election Precinct from Arrowhead Elementary School to Carrow Baptist Church (Deferred March 2, 2004). K.2. Ordinance to LEASE certain farmland to E. R. Cockrell, Jr. at Nimmo Parkway and West Neck Road. (DISTRICT 7 - PRINCESS ANNE) K.3. Ordinance to AMEND the FY-2004 Capital Budget and APPROPRIATE $i.3 Million re Pump Station Modifications .- Phase IV to increase the reliability of the Tier I sanitary sewer pump stations. April 27, 2004 - 7- AGE N DA REV I E W S E S S ION ITEM # 52500 (Continued) K.4. Ordinance to AUTHORIZE temporary encroachments by BRUCE L. THOMPSON to maintain an existing pier, boat lift and bulkhead and construct three (3) mooring piles, a floating pier, aluminum gangway, riprap and fill at 464 Southside Road in Lake Wesley. (DISTRICT I -- BEACH) K.5. Ordinance to APPROVE the School Board's request to TRANSFER $1,737,857 in the FY 2003-04 School Operating Budget from the categories of Instruction; Administration, Attendance and Health and Transportation to Operations and Maintenance: $ 100,000 $ 160,000 $ 252,857 $ 180,000 $ 235.000 $ 300,000 $ 200,000 $ 300,000 $l.I37,857 $ 600.000 Custodial Equipment Musical Instrument Repair Trilogy Lock. Walkie-talkies Fleet Vehicles Landscape Services Copiers Academy Building Modifications Instruction to Operations and Maintainence Operations and Maintenance K. 6. Ordinances to ACCEPT Grants and APPROPRIA TE the funds as follows: a. $9,180 from the Norfolk Foundation. to the FY 2003- 2004 Operating Budget for the Library Department re access to online databases. b. $567.130 from the Department of Justice re purchase of equipment for preparedness and response to weapons of mass destruction (WMD) events as recommended by the Safe Community Strategic Issue Team K. 7. Resolution re EXECUTION of the Hampton Roads Metropolitan Medical Response System Mutual Aid Agreement and the Medical Strike Team Memorandum of Understanding (MOU) re emergency aid and assistance in event of a disaster or emergency. Council Lady Wilson will ABSTAIN on Item K.4. April 27, 2004 -8- AGE N DA REV IE W S E S S ION ITEM # 52501 L.4. Application of JEFFREY K. FRANCES, INC for a Conditional Use Permit re an offsite parking lot for a proposed restaurant at 2149 Vista Circle. (Deferred March 23, 2004) (DISTRICT 5 - LYNNHA VEN) This item will be discussed if speakers are registered. Mayor Oberndorf and Council Lady McClanan will vote NA Y ITEM # 52502 BY CONSENSUS, the folloWing shall compose the CONSENT AGENDA: PLANNING L.1. Application of BAY BREEZE CONDOMINIUMS for discontinuance. closure and abandonment of a portion of Summerville Court at Carver Avenue re development of condominiums. (Beach - District 6) L.2. Petition of RONALD C and DONNA G. RIPLEY for a Variance to !y' 4.4(b) that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) at 4101 White Acres Road. (DISTRICT 4 - BA YSIDE) L.3. Application of VIRGINIA WESLEYANCOLLEGEfora Conditional Use Permit to construct a three-story student dormitory and row-house residences at 5817 Wesleyan Drive. (DISTRICT 2 - KEMPSVILLE) L.4. Application of JEFFREY K. FRANCES, INC for a Conditional Use Permit re an offsite parking lot for a proposed restaurant at 2149 Vista Circle. (Deferred March 23,2004) (DISTRICT 5 - LYNNHAVENj L.5. Applications o{OBFP, INC (Ocean Breeze Fun Park) at 700 South Birdneck Road. (DISTRICT 6 - BEACH) a. MODIFICATION of a Conditional Use Permit approved June 23, 1986, re Aqua Sports, Inc. to remove the amusement park from subject site land area. b. Change of Zoning from A-12ApartmentDistrictand R-IO Residential District to Conditional L-l Light Industrial District re light industrial ofJice- warehouse park. Mayor Oberndorf and Council Lady McClanan will vote NA Y on Item L. 4. Council Lady Wilson will DISCLOSE and vote on Item 5.a.b. April 27, 2004 - 9- ITEM # 52503 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 purpose: PERSONNEL MA TTERS: Discussion. consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific puhlic 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 Health Services Advisory Board Open Space Committee 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 Rose Hall District Bayside District Upon motion by Councilman Reeve, seconded by Vice Mayor Jones, City Council voted to proceed into CLOSED SESSION (4:03 P.M.). Voting: 11-0 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, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None (Recess: 4:03 P.M. - 4:10 P.M.)(ClosedSession: 4:10P.M. - 5:42 P.M.)(Dinner: 5:42 P.M. - 6:00 P.M.) April 27, 2004 - 10- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL April 27, 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, April 27,2004, at 6:00 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. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Father James Parke Church of the Ascension 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 innumerous 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 Confiict 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 confiict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. 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 innumerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compltance with both the letter and the spirit of the State and Local Government Confiict 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 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 ths disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. April 27, 2004 - Il- Item V-E.!. CERTIFICATION OF CLOSED SESSION ITEM # 52504 Upon motion by Council Lady Wilson, 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: 11-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorj; Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 27, 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 # 52503, page 9, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-371 I (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 RESOL YED: 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~ th Hodge mith. MMC City Clerk April 27, 2004 -12 - Item V-F. 1. MINUTES ITEM # 52505 Upon motion by Council Lady Wilson, seconded by Councilman Diezel, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of April 13, 2004. Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, RichardA. Maddox, Mayor Meyera E. OberndorJ, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Jim Reeve and Peter W. Schmidt Council Members Absent: None Councilman Reeve ABSTAINED as he was not in attendance during the City Council Session of April 13, 2004. Councilman Schmidt ABSTAINED as he had to leave the Formal Session of April 13, 2004, for a medical appointment April2?,2004 - 13- Item V-G. I. ADOPT AGENDA FOR FORMAL SESSION ITEM # 52506 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION April 27, 2004 'rnrlumuttnu ~ereas: Specia( Ofympics is an internationa( program of sports traini1l{/ ana competition wftidi gives cftiCtfren and aau(ts 'Ulfto are mentafEy cftaCJengetl an opportunity to aevefcp tfteir pftysica! sKjffs, aupUry tfteir a6iftties and', most importantfy, ju(fiff tfteir ftuman potential; antl ~as: 'l1ie 'Virginia r:Beadi Special ofympia prcrvUfes mentalfy cftaCJengea citizens witft tfte opportunity to participate in atftfetic training antl competition as we(( as ot/ier social e'/Jents; and ~eas: '11iis year, tfie )I.rea II .Jlnnua( 'Tracli.. antl 'EieCt[ games iru:(ua11l{J'Virginia r:BeacftSpecialOfympicswiff6e fteCt[ onSaturtfa:y, 9day 1, 2004 atSafem'J{igft Scftoo( in 'Virginia r:BeacFt; antl ~ereas: '11iis wi(( 6e tfte tftirteentft year of tfie 'Virginia r:Beadt City Ccnmci('s tratfition of ftonoring Specia( ofympics: !Now, '11ierefore, I, :Meyera 'E. 06enulorj, :Mayor of tfte City of 'Virginia r:Beacft, 'Virginia, ao ftere6y /Proclaim :May 1, 2004 Specia( O(ympics (]Jay In 'Virginia r:Beadi, antl I eru:ourt1{Je af( citizens to support tfte games on :May 1, 2004. I jurtfter enaJurt1{Je af( citizens to recognize tfte court1{Je of Special ofympians, tfte spirit antl aaventure of Specia( Ofympics,antl tfte contri5utions of all'mentafEy cftaffengea citizens to our community. In 'Witness 'Wfiereoj, I fiave fiereunto set my fiana ana causea tfte o.ffir:ia( Sea! of tfte City of'llirginia r:Beacft, 'Virginia, to 6e ~a tftis 'Twenty-se'IJentft aay of.Jlpri{, 'Two 'lfwusantl 'Four. ~G. :Meyera 'E. 06enuloif :Mayor - 15 - Item V-H.2. MAYOR'S PRESENTATION ITEM # 52508 Mayor OberndorfPRESENTED the Site Selection Magazine Award to Donald Maxwell Director Economic Development The May Site Selection magazine lists the Virginia Beach Department of Economic Development in its feature story "Top Groups and Top Deals" as the "Best of the Best" in 2003 Economic Development. Site Selection is a global magazine of business strategy, corporate real estate management and economic development. It compiles an annual listing of the top ten deals and development groups. Last year new capital investment from projects involving the department was more than $220-MILLION. Anril)7 7nnLl - 16- Item V-LI. PUBLIC HEARING ITEM # 52509 Mayor Oberndorf DECLARED A PUBLIC HEARING: ARROWHEAD ELECTION PRECINCT Change from Arrowhead Elementary School to Carrow Baptist Church There being no speakers, Mayor OberndorfCLOSED THE PUBLIC HEARING April 27, 2004 -17 - Item V-I.2. PUBLIC HEARING ITEM # 52510 Mayor Oberndorf DECLARED A PUBLIC HEARING: FY-2004 CAPITAL BUDGET AMENDMENT Sanitary Sewer Pump Station Modification.~ There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING April 27, 2004 Item V-I.3. PUBLIC HEARING - 18- ITEM # 52511 Mayor Oberndorf DECLARED A PUBLIC HEARING: CITY-OWNED PROPERTY LEASE E. R. Cockrell at Nimmo Parkway and West Neck Road (DISTRICT 7 - PRINCESS ANNE) There being no speakers, Mayor OberndorfCLOSED THE PUBLIC HEARING April 27, 2004 - 19- Item V-K. ORDINANCES/RESOLUTION ITEM # 52512 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council APPROVED in ONE MOTION Ordinances/Resolution 1, 2, 3, 4, 5, 6 and 7 of the CONSENT AGENDA. Voting: 11-0 (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, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Council Lady Wilson ABSTAINED on Item K. 4. (Bruce Thompson) April 27, 2004 -20- Item V-K.l. ORDINANCES/RESOLUTION ITEM # 52513 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to CHANGE the Election Precinct from Arrowhead Elementary School to Carrow Baptist Church (Deferred March 2, 2004). Voting: ]]-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, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April2?,2004 . . 1 AN ORDINANCE TO AMEND AND REORDAIN THE CITY 2 CODE BY MOVING THE ARROWHEAD PRECINCT POLLING 3 PLACE FROM ARROWHEAD ELEMENTARY SCHOOL TO 4 CARROW BAPTIST CHURCH 5 6 SECTION AMENDED: 5 10-1 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 10-1 of the City Code is hereby amended and 12 reordained, to read as follows: 13 Sec. 10-1. Establishment of precincts and polling places. 14 There are hereby established in the city the following 15 precincts and their respective polling places, as set forth below: 16 Precinct Polling Place 17 Alanton Alanton Elementary School 18 Aragona Kemps Landing Magnet School 19 20 21 22 Arrowhead l\rro',JhC:ld Elementary C;chool Carrow Baptist Church Avalon Avalon Church of Christ 23 Baker Heritage United Methodist Church 24 Bayside Bayside Elementary School 25 Bellamy Salem Middle School 26 Blackwater Blackwater Fire Station 27 Bonney Center for Effective Learning 28 Brandon Brandon Middle School 29 Brookwood Brookwood Elementary School 30 Buckner Holy Spirit Catholic Church 31 32 33 34 Cape Henry Research and Enlightenment Building (Edgar Cayce Library) Capps Shop Back Bay Christian Assembly 35 Centerville Centerville Elementary School 36 Chesapeake Beach Bayside Baptist Church 37 College Park College Park Elementary School 38 Colonial Colonial Baptist Church 39 40 41 42 Colony Lynnhaven Church Colony Congregational Corporate Landing Corporate Landing Middle School 43 Courthouse Courthouse Fire Station 44 Creeds Creeds Fire Station 45 Cromwell Salem United Methodist Church 46 Culver Ocean Lakes High School 47 Dahlia Green Run High School 48 Davis Corner Bettie F. Williams Elementary School 49 Eastern Shore Eastern Shore Chapel 50 Edinburgh St. Aidan's Episcopal Church 51 Edwin Kempsville Recreation Center 52 Fairfield Kempsville Presbyterian Church 53 Foxfire Princess Anne Middle School 54 Glenwood Glenwood Elementary School 55 Great Neck All Saints Episcopal Church 56 Green Run Green Run Elementary School 57 Holland Holland Elementary School 2 58 Homestead Providence Presbyterian Church 59 Hunt Princess Anne Recreation Center 60 Indian Lakes Indian Lakes Elementary School 61 Kings Grant St. Nicholas Catholic Church 62 Kingston Kingston Elementary School 63 Lake Smith Bayside Church of Christ 64 Landstown Landstown Community Church 65 Larkspur St. Andrews United Methodist Church 66 Linkhorn Virginia Beach Community Chapel 67 London Bridge London Bridge Baptist Church 68 Lynnhaven Grace Bible Church 69 Magic Hollow Roma Lodge No. 254 70 Malibu Malibu Elementary School 71 Manor Providence Elementary School 72 Mt. Trashmore Windsor Woods Elementary School 73 North Beach Galilee Episcopal Church 74 Ocean Lakes Ocean Lakes Elementary School 75 Ocean Park Bayside Community Recreation Center 76 77 78 79 Oceana Scott Memorial Church United Methodist Old Donation Old Donation Center for Gifted 80 Pembroke Pembroke Elementary School 81 Plaza Lynnhaven Elementary School 82 83 84 Pleasant Hall Kempsville Baptist Church Pleasant Hall Annex 3 85 Point O'View 86 Red Wing 87 Reon 88 Rock Lake 89 Rosemont Forest 90 Roundhill 91 Rudee 92 93 94 Sea tack 95 Shannon 96 Shelburne 97 Shell 98 Shelton Park 99 Sherry Park 100 Sigma 101 South Beach 102 Stratford Chase 103 Strawbridge 104 Tallwood 105 Thalia 106 Thoroughgood 107 Timberlake 108 Trantwood 109 Upton 110 Village Kempsville Church of Christ Birdneck Elementary School Woodstock Elementary School Salem Elementary School Rosemont Forest Elementary School Salem High School Virginia Beach Volunteer Rescue Squad Building Seatack Community Recreation Center Church of the Ascension Christopher Farms Elementary School Unity Church of Tidewater Shelton Park Elementary St. Matthews Catholic Church Red Mill Elementary School Contemporary Art Center of Virginia Community United Methodist Church Strawbridge Elementary School Tallwood Elementary School Thalia Elementary School Independence Middle School White Oaks Elementary School Virginia Beach Christian Church St. John the Apostle Catholic Church Thalia Lynn Baptist Church 4 III 112 113 114 115 116 117 118 119 Windsor Oaks Windsor Oaks Elementary School Witchduck Bayside Presbyterian Church Wolfsnare Virginia Beach Christian Life Center Central Absentee Voter Precinct Agriculture/Voter Registrar Building Adopted by the City Council of the City of Virginia Beach, Virginia, on this 27th day of April , 2004. CA-9l29 GG/ordres/proposed/lO-lord.doc Rl - February 16, 2004 APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL SUFFICIENCY: ~.~~ en ral Re istra 5 - 21- Item V-K.2. ORDINANCES/RESOLUTlON ITEM # 52514 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to LEASE certainfarmland to E. R. Cockrell, Jr. at Nimmo Parkway and West Neck Road. (DISTRiCT 7 - PRINCESS ANNE) Voting: 11-0 (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, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 27, 2004 1 2 3 4 5 6 7 8 9 10 11 12 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE FOR LESS THAN FIVE YEARS WITH E. R. COCKRELL, JR. FOR 14.5 ACRES OF FARM LAND LOCATED NEAR THE SOUTHWESTERN CORNER OF NIMMO PARKWAY AND WEST NECK ROAD TO BE USED FOR AGRICULTURAL PURPOSES IN THE CITY OF VIRGINIA BEACH WHEREAS, the City of Virginia Beach (the "City") is 13 the owner of 14.5 acres of farm land located near the 14 southwestern corner of Nirruno Parkway and West Neck Road, 15 Virginia Beach, Vir,rinia (the "Premises"); 16 WHEREAS, E. R. Cockrell, Jr. would like to enter 17 into a formal lease arrangement with the City for the 18 Premises as shown on Attachment A; 19 WHEREAS, the Premises will be utilized for 20 agricultural purposes and for no other uses; and 21 WHEREAS, City staff has determined that the 22 granting of this lease will provide a small income to the 23 City while saving the City maintenance fees on the property 24 while the lease is in effect. 25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF 26 THE CITY OF VIRGINIA BEACH, VIRGINIA: 27 28 That the City Manager is hereby authorized to execute 29 a lease for a term of less than five (5) years between E. R. 30 Cockrell, Jr. and the City, for the Premises in accordance with 31 the Summary of Terms attached hereto and such other terms, 32 conditions or modifications as may be satisfactory to the City 33 Attorney and the City Manager. 34 Adopted by the Council of the City of Virginia Beach, 35 Virginia on the 27th April , 2004. day of 36 37 CA9l78 38 March 30, 2004 39 40 41 42 43 44 45 46 47 48 APPROVED AS TO CONTENTS: ~.4- SlgnJ.tur U",$, ~,q-c..I,~,ei ;Vt~1 q(.f.L{ Department TO LEGAL AND FORM: 4 9 F:\Data\ATY\ForrnsICONTRACTS\WorkingICockrell-tlmn leaselC' A91780rddOl SUMMARY OF TERMS LEASE FOR THE USE OF 14.5 ACRES OF CITY PROPERTY FOR AGRICULTURAL PURPOSES LESSOR: City of Virginia Beach LESSEE: E. R. Cockrell, Jr. PREMISES: 14.5 Acres 01" Farm Land owned by the City located near the southwestern corner of Nimmo Parkway and West Neck Road in the City of Virginia Beach, TERM: Jannary 1, 2004 through December 31, 2004 with optiou to renew for four (4) successive one-year terms at City's discretion, based on certain conditions listed below. RENT: Rent shall be Five Hundred Dollars ($500.00) per annum, payable within ninety (90) days of the date of the Lease. RIGHTS AND RESPONSIBILITIES OF LESSEE: . May use the Premises for agriculture operations and no other purpose, Any uuauthorized use of the Property shall constitute a breach of the lease aud cause its immediate terminatiou. . Must request, in writing, a renewal not later than November 30 be1"ore the then current lease term shall expire, . Required to maintain the following insurance coverage: Worker's Compensation Insurance as required under Virginia law; Commercial General Liability Insurauce in an amount not less than $200,000 combined single limits per occurrence; Automobile Liability Insurance in an amount not less than $200,000 combined single limits per occurrence, issued by an insurance company licensed to conduct the business of iusurance in Virginia. . Assumes 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 associated with the use of the Premises. . Required to comply with all applicable laws, ordinauces, and regulations, including all applicable environmental laws, in the performance of its obligations under the Lease. RIGHTS AND RESPONSIBILITIES OF THE CITY: . Retains the right to grant easements and rights of way across or upon the property, . May enter the property without prior written notice in the event of an emergency. . Will have access to the property, upon forty-eight hours notice to Lessee, if it is necessary in the discharge of its powers, purposes, and responsibilities. TERMINATION: The City may terminate this lease upon giving Lessee ninety (90) days written notice. If the property is not farmed, is allowed to deteriorate, or waste is permitted to accumulate thereon, the City may terminate the Lease on thirty (30) days notice to the Lessee. F;\(}ntll\ATVIFornu\('ONTRACTS\WorklngIClIckrell_farm IClIsc\ca9178.Sli1\JMARY OF TERMS.doc THIS LEASE AGREEMENT, made this day of 2004, by and between the CITY OF VIRGINIA BEACH (GRANTOR/LESSOR), a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as "CITY" or "LESSOR," party of the first part, and E.R. COCKRELL, JR. (GRANTEE/LESSEE), hereinafter referred to as "Lessee," party of the second part. WITNESSETH 1. LEASED PREMISES. That for and in consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Lessee to be observed and performed, CITY leases to Lessee and Lessee rents from CITY the following property, hereinafter referred to as the "Property", delineated as shaded area upon the attached plats labeled "Exhibit A" entitled "EXHIBIT "A" 14.5 ACRES OF FARM LAND TO BE LEASED TO E.R. (DICK) COCKRELL, JR. BY THE CITY OF VIRGINIA BEACH", reference being made to said exhibits for a more accurate description thereof. 2. RENT. That for and in consideration of the sum of $500.00, payable within ninety (90) days of the date of th is Lease, CITY does hereby lease and demise unto Lessee the Property. 3. TERM. The term of this Lease shall be for one year from January 1, 2004 to December 31,2004. This Lease may be renewed for four (4) successive one-year terms at CITY's sole discretion, based on the following conditions and stipulations: A. Lessee must request, in writing, a renewal not later than November 30 before the then current lease term shall expire; and B. Lessee must be in compliance with all terms and conditions of this Lease; and C, The leased area is subject to modification for each year's renewal; and D. The rental amount is subject to negotiation for each year's renewal and must be paid within thirty (30) days of receipt of CITY's acknowledgment of renewal; and E. All other terms and conditions of the Lease shall remain in force for each renewal term, at CITY's sole discretion. 4. USE OF PROPERTY - AGRICULTURAL PURPOSES. Lessee covenants that the Property shall be used solely for agricultural purposes. All the Property that can be placed under irrigation and is suitable for farming shall be farmed during the term of the Lease, in a good and farm-like manner. If the Property or any part thereof is not so farmed, or is permitted to deteriorate, or if any waste is caused or permitted thereon by Lessee, this Lease may be terminated on thirty (30) days' notice by CITY. Waste, as the term is employed herein, shall include the cutting or removal of any timber on the Property, except as approved in writing by CITY. Lessee shall use the Property only for purposes listed herein and any other use thereof, unless necessarily incidental to such listed and allowed uses, shall constitute a breach of this Lease and cause its immediate termination. The Property is leased by CITY to Lessee "as is," and the sole responsibility for the maintenance and upkeep of the Property shall be with Lessee. 2 5. ASSIGNMENT AND SUB-LEASE. This Lease may not be assigned or transferred, and Lessee shall not sublet the Property, either in whole or in part, without CITY's prior written consent. 6. TERMINATION AND RIGHT OF ENTRY BY CITY. A. Lessee shall not be entitled to renew this Lease in the event Lessee is in default in the performance of any of the covenants, terms or conditions of this Lease. 8. CITY reserves the right at any time without prior written notice to enter upon the property, after it has been determined that an emergency exists, C. The parties acknowledge that CITY has certain powers, purposes and responsibilities. To discharge its powers, purposes or responsibilities, CITY shall have the right to require Lessee to immediately dismantle and remove any and all equipment and improvements from the Property, within forty-eight hours after notice is given to Lessee. Thereafter, CITY shall have the exclusive right to enter upon and use the Property, and Lessee shall surrender possession and control thereof to CITY. D. Further, CITY reserves the right to terminate this Lease by giving written notice to Lessee at least ninety (90) days prior to the date of termination. If harvesting of the Lessee's crop has not been completed, all rent paid in advance shall be refunded. E. Should it become necessary for CITY to enter upon the Property in accordance with either of paragraphs 6.8 or 6.C of this Lease, and if such action causes damage to, or loss of, any or all of Lessee's unharvested crop, CITY agrees to pay to Lessee a mutually agreed upon sum to cover Lessee's loss. 3 Lessee must submit a written claim to CITY within sixty (60) days of the date on which damage was sustained. F. Should CITY and Lessee disagree on the monetary amount of the damage sustained per paragraph 6. E of this Lease, CITY's Director of the Department of Agriculture shall determine the amount of damage and his decision shall be final. 7. Lessee will keep all equipment and improvements, if any, placed upon the Property by Lessee, in a safe, clean, and orderly condition; be responsible for all activities on the Property that fall under his control; and will act immediately in response to any notices by CITY with reference to the forgoing. It is further understood and agreed as part of the consideration hereof, that Lessee shall be responsible for the maintenance and/or repair of the Property arising out of Lessee's use of the Property. Should any maintenance and/or repair work be deemed necessary, then the decision of CITY as to the scope of the required work and the amount of such liability shall control and be binding on Lessee. 8. CITY'S RIGHT TO GRANT EASEMENTS. CITY reserves the right to grant easements and rights of way across or upon the Property, for streets, alleys, public highways, drainage, utilities, telephone and telegraph transmissions lines, pipelines, irrigation canals, and similar purposes. 9, INDEMNIFICATION/INSURANCE BY LESSEE. Lessee shall indemnify and save harmless CITY and all its officials, agents and employees from and against all losses and expenses incurred because of claims, demands, payments, suits, actions, recoveries, and judgments of every nature and description 4 brought or recovered against them by reason of any injuries to property or person, including death, occurring on the Property, arising out of or in connection with Lessee's use of the Property. During the term of this Lease, Lessee shall obtain and keep in force the following policies of insurance: Worker's Compensation Insurance as required under Title 65.2 of the Code of Virginia. Commercial General Liability Insurance in an amount not less than two hundred thousand dollars ($200,000) combined single limits (CSL). Such insurance shall name CITY as an additional insured. Automobile Liability Insurance including coverage for non-owned and hired vehicles in an amount not less than two hundred thousand dollars ($200,000) combined single limits (CSL). All policies of insurance required herein shall be written by insurance companies licensed to conduct the business of insurance in Virginia, acceptable to the CITY, and shall carry the provision that the insurance will not be canceled or materially modified without thirty days (30) prior written notice to CITY. Lessee shall provide a certificate evidencing the existence of such insurance. 10. APPLICABLE LAW. This Lease shall be deemed to be a Virginia Lease and shall be governed as to all matters whether of validity, interpretations, obligations, performance or otherwise exclusively by the laws of the Commonwealth of Virginia, and all questions arising with respect thereto shall be determined in accordance with such laws. Regardless of where actually delivered and accepted, this Lease shall be deemed to have been delivered and accepted by the parties in the Commonwealth of Virginia. 5 11. COMPLIANCE WITH ALL LAWS. Lessee shall comply with all laws, rules and regulations of CITY and all other governmental authorities respecting the use, operation and activities on the Property, including all applicable environmental Laws, and shall not make or be a party to any unlawful, improper or offensive use of such premises or nuisance thereon. It is expressly understood and agreed that Lessee, in no way, represents or acts on behalf of CITY or any department thereof. 12, VENUE. Any and all suits for any claims or for any and every breach or dispute arising out of this Lease shall be maintained in the appropriate court of competent jurisdiction in the City of Virginia Beach. 13. INVALIDITY. If any section, paragraph, subparagraph, sentence, clause or phrase of this Lease shall be declared or judged invalid or unconstitutional, such adjudication shall not affect the other sections, paragraphs, sentences, clauses or phrases. 14, MODIFICATION. There may be no modification of this Lease, except in writing, executed by the authorized representative of the City and the Lessee. 15. NOTICES. Any notice wh ich may be or is required to be given pursuant to the provisions of this Lease shall be delivered or sent by certified mail, prepaid, return receipt requested, and addressed as follows: If to Lessee, to: E. R. COCKRELL, JR 2940 NORTH LANDING ROAD VIRGI NIA BEACH, VA 23456 If to CITY, to: FACILITIES MANAGEMENT OFFICE CITY HALL BUILDING, ROOM 323 MUNICIPAL COMPLEX, BUILDING 1 VIRGINIA BEACH, VA 23456 6 IN WITNESS WHEREOF, the parties hereto have each caused this Lease to be executed by their proper representatives as of the day and year first above written, (SEAL) ATTEST: CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager Ruth Hodges Smith City Clerk APPROVED AS TO CONTENT: Lessee: ~ E. R. Cockrell, Jr. APPROVED AS TO LEGAL SUFFICIENCY: Law Department APPROVED AS TO CONTENT: ZJ/ ; . ... ~~/7-, Risk Management 7 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this _ day of , 2003, 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 , 2003, 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: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: \VI The foregoing instrument was acknowledged before me this \2,4\ day of \1 \~r "-~ , 2003, by \{'""~, 'O'v- , E. R. COCKRELL, JR., Lessee, on its behalf. He/She is personally known to me. ~o.r~ Notary Public My commission expires: _._"","":""~Iq 811I - -."~=,,,!,- "c .. IllfYI rr_ .. o.lRII8O'"ff 8 - 22- Item V-K.3. ORDINANCES/RESOLUTION ITEM # 52515 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to AMEND the FY-2004 Capital Budget and APPROPRIATE $1.3 Million re Pump Station Modifications - Phase IV to increase the reliability of the Tier I sanitary sewer pump stations. Voting: 11-0 (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, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 27, 2004 1 2 3 4 5 6 7 AN ORDINANCE TO APPROPRIATE $1,300,000 OF WATER AND SEWER FUND RETAINED EARNINGS TO CAPITAL PROJECT #6-066, PUMP STATION MODIFICATIONS- PHASE IV, FOR THE PURCHASE OR LEASE OF EQUIPMENT TO PROVIDE AUXILIARY POWER FOR SEWER PUMP STATIONS 8 WHEREAS, as a result of Hurricane Isabel-related power 9 failures in September 2003, the Department of Public Utilities was 10 unable to prevent numerous sanitary sewage overflows; and 11 WHEREAS, in preparation for the 2004 and 2005 hurricane 12 seasons, Public Utilities has recommended appropriating $1,300,000 13 of Water and Sewer Retained Earnings to project # 6-066, "Pump 14 Station Modifications-Phase IV" for the purchase or lease of 15 portable generators and pumps to provide auxiliary power and 16 increase the operational reliability of the sanitary sewer system, 17 and for implementation of a backwater valve program for structures 18 that are highly vulnerable to sanitary sewer overflows. 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 1. That $1,300,000 of Retained Earnings in the Water and 22 Sewer Fund is hereby appropriated to capital project #6-066, "Pump 23 Station Modifications-Phase IV" for the purchase or lease of 24 equipment to provide auxiliary power for sewer pump stations and 25 for implementation of a backwater valve program for structures that 26 are highly vulnerable to sanitary sewer overflows. 27 2 . That estimated revenue consisting of retained earnings 28 from the Water and Sewer Fund is hereby increased by $1,300,000 in 29 the FY 2003-04 Capital Budget. 30 Adopted by the Council of the City of Virginia Beach, Virginia 31 on the 27th day of April 2004. 32 33 CA9225 34 R-2 35 CIP#6066-2. Doc 36 4/22/94 37 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~/1t ~ag en Services--- ~5-ir,rJr. City At rney LAKE WESLEY ~ LOCATION MAP SHOWING h ENCROACHMENT REQUESTED . BRUCE L. THOMPSON 464 SOUTHSIDE ROAD SCALE: 1" = 200' BRUCE THOMPSON.DGN M.I.S. PREPARED BY PAN ENG. CADD DEPT. FEB.2Q04 --- -------....'.---....-- - 23- Item V-K.4. ORDINANCES/RESOLUTION ITEM # 525I6 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to A UTHORIZE temporary encroachments by BRUCE L. THOMPSON to maintain an existing pier, boat lift and bulkhead and construct three (3) mooring piles, a floating pier, aluminum gangway, riprap andfill at 464 Southside Road in Lake Wesley. (DISTRICT 1- BEACH) The following conditions shall be required: I. 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 tofile 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 must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction. April 27, 2004 Item V-K.4. - 24- ORDINANCES/RESOLUTION ITEM # 52516 (Continued) 7. 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. 8. The Grantee 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 Grantee 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 Grantee must provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination oj. or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. 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 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 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. April 27, 2004 - 25- Item V-K.4. ORDINANCESIRESOLUTION ITEM # 52516 (Continued) Voting: 10-0 (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, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Rosemary Wilson Council Members Absent: None Council Lady Wilson DISCLOSED and ABSTAINED pursuant to Conflict of Interests Act il2. 2-3115 (E) relative Ordinance to AUTHORIZE temporary encroachment by BRUCE L. THOMPSON. The applicant is a client of the accounting firm, Goodman and Company where her husband is a principal in the accounting firm and personally provides services to the applicant. April 27, 2004 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE TEMPORARY 4 ENCROACHMENTS INTO A PORTION OF LAKE 5 WESLEY BY BRUCE L. THOMPSON, ASSIGNS 6 AND SUCCESSORS IN TITLE 7 8 WHEREAS, Bruce L. Thompson desires to maintain a pier, 9 boat lift, and bulkhead and to construct and maintain three (3) 10 mooring piles, floating pier, aluminum gangway, rip rap and fill 11 into the City's property located at the rear of 464 Souths ide Road 12 on Lake Wesley. 13 WHEREAS, City Council is authorized pursuant to ~ 15.2- 14 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to 15 authorize temporary encroachments upon the City's property subject 16 to such terms and conditions as Council may prescribe. 17 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA: 19 That pursuant to the authority and to the extent thereof 20 contained in 99 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as 21 amended, Bruce L. Thompson, assigns and successors in title are 22 authorized to maintain a pier, boat lift, and bulkhead and 23 construct and maintain three (3) mooring piles, floating pier, 24 aluminum gangway, rip rap and fill as temporary encroachments in 25 the City's property as shown on the map entitled: "SHORELINE 26 IMPROVEMENTS IN: LAKE WESLEY AT: 464 SOUTHSIDE ROAD VIRGINIA BEACH, 27 VA 23451 APPLICATION BY: BRUCE THOMPSON DATED AUGUST 25, 2002", a 28 copy of which is on file in the Department of Public Works and to 29 which reference is made for a more particular description; and 30 BE IT FURTHER ORDAINED, that the temporary encroachments 31 are expressly subj ect to those terms , conditions and criteria 32 contained in the Agreement between the City of Virginia Beach and 33 Bruce L. Thompson, (the "Agreement") which is attached hereto and 34 incorporated by reference; and 35 BE IT FURTHER ORDAINED that the City Manager or his 36 authorized designee is hereby authorized to execute the Agreement. 37 BE IT FURTHER ORDAINED, that this Ordinance shall not be 38 in effect until such time as Bruce L. Thompson and the City Manager 39 or his authorized designee execute the Agreement. 40 Adopted by the Council of the City of Virginia Beach, 41 Virginia, on the 27th day of April , 2004. 42 43 cA-#'111'i 44 gsalmons/Thompson!ord. 45 R-l 46 PREPARED: 47 48 49 50 51 52 53 54 55 56 ~D AS TO ~ONTENTS flY C. 0fl.W$ Co{\, SIGNATURE Pm &11/ fislaii. DEPJ\RTMB:NT TO LEGAL FORM Y ATTORNEY 2 PREPARED BY VIRGINIA BEACH CI1Y ATIORNEY'S OFFICE EXEMP1ED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(aX3) AND 58.1-811(cX4) REIMBURSEMENT AU1HORIZED UNDER SECTION 25.249 ,t...(' 1_ THIS AGREEMENT, made this L day of Il1IUe.- rz ,2004, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and Bruce L. Thompson, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel ofland designated and described as "Bll and B12" as shown on "REPLAT OF RUDEE HIGHTS PRINCESS ANNE CO" VA. Scale - 1 "=100' December 1950 ", as recorded in M.B. 26, at Page 57 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and being further designated and described as 464 Southside Road, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain an existing pier, boat lift, and bulkhead, and construct and maintain three (3) mooring piles, floating pier, aluminum gangway, rip rap and fill "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 Wesley "The Encroachment Area"; and I I I Encroachment within The Encroachment Area. I ! I GPIN: 2427-20-3522-0000 I I I I , , I WHEREAS, the Grantee has requested that the City permit a Temporary NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "SHORELINE IMPROVEMENTS IN: LAKE WESLEY AT: 464 SOUTHSIDE ROAD VIRGINIA BEACH, VA 23451 APPLICATION BY: BRUCE THOMPSON", 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 understoo d and agreed that the Grantee shall indemnifY and ho ld 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. 2 It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to pennit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee, It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard, It is further expressly understood and agreed that the Grantee must obtain a permit from the 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 permit, 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 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 Temporary Encroachment, 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 if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100,00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection oflocal or state taxes, IN WITNESS WHEREOF, Bruce L. Thompson, the said Grantee has caused this Agreement to be executed by his signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its beha1fby its City Manager and its seal be hereunto affixed and attested by its City Clerk, 4 CITY OF VIRGINIA BEACH I I I (SEAL) ATTEST: i By City Manager! Authorized Designee of the City Manager 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, He/She is personally known to me. Notary Public My Corrnnission Expires: , ! I I 5 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 Ii ! I BEACH, I I He/She is personally known to me, Notary Public My Commission Expires: II STA1EO[,;~,J; ''jj;' w I CITY/CO Y OF .: LAO., . ,-to-wit: I The foregoing instrument was acknowledged before me this ~~ day of , 2004, by Bruce L. Thompson. ~.~~:'\ (Ii '>Li ary ublic My Commission Expires: ~ ':DI, ~~ APPROVED AS TO LEGAL SUFFICIENCY W CITY AT -~ APPROVED AS TO CONTENT ~c.~ ITY REAL ESTATE AGENT Rev. 07-24-02 6 ,..oOoQ ,. / / /' 000 /~ 0.,7. ./ / / / / "A" LAND TO TO E.R. (DICK) COCKRELL, JR. BY THE CITY OF VIRGINIA BEACH j /<p SCALE: 1" = 400' o LEASED o o o o ,,,0' o 009 o \ o 00 COCKRELL.DGN M.J.5. PREPARED BY PM' ENG. CADD DEPT. MARCH 2004 .~ r- XoS' ~itO_\_ r'! C~--- --- G'- - --_ CI ..~,S1 t.~ - \ - _ Ty CI-iAN -:t ~__ --_ 'VEl _ __1:0. ~- -- -- -- -- APO 2 ~- ""'''' .. .., _ fON .. _. ~~ REFERE"'CE MO"'UUE"'TS: ,. ':i: ':!:. ;. (;;' EROSION COMMISSION LR-B ':i: ~ -;;. ..... ;f ,. PR04-2-A 3'01:::; -~ A-5 RESET '=-' . 1.10-7 CHANNEL LOCA nON PROVIDED BY: EAST COAST HYDROGRAPHIC LAKE WESLEY -EBBa FLOOO- EXIST. R1PRAP 3 PROPOSED MOORING PILE~ ",,;;; _:';,:~,' ~\-; (lOSTING PI~H AND PILES '" o. PROPOSED FlOA liNG PIER ADDl1l0N 'MTH ALUMINUM GANGWAY t --l 'l ~$ . ~...:'Io ../ - Clo:lSTlNG P!ER ANt) PILES ~ 0. l:!. - - .:~' _" _" LlH\'II "-., ..- - PIPE (F) EXIST. R1PRAP APO 1 Njr BRUCE 'THOMPSON PART Of" LOT 12 PROPOSED RIPRAP AND FILL LOT 11 LOT 10 BULKHEAD IS REAR PL g ;;; ~ o r- .. on ... o ~ ... o 0: .... o z '< :>i "' 0: lJ g .... t" 01 ... <II 1 STORY FRAME '464 ;0 b o ,.. ,., '" ... z N - '. . , E=I2222293.46 N=3470634.55 E-12222227.85 1'l=3470534.05 @ 2002 WA TERf"RONT CONSULTING, INC. ALL RIGHTS RESERVED. PURPOSE: MAINTENANCE DATUM: MLW ~ 0.00' A.PO.'S 1. BRUCE THOMPSON 2. CVB 3. BENJAMIN PORTER IP (F) SOU~~~~O-~OAD (2;~. R/';) {F)PLAN VIEW SCALE 1" '" 40' WATERFRONT CONSULTING, INC 11\2 JENSEN DRI\JE, STE. 206 \JlRGIN!A BEACH, VA 23451 PHONE/FAX: (757) 425-8244 SHORELINE IMPRO\JEMENTS IN: LAKE WESLEY AT: 464 $OUTHSIOE ROAD VIRGINIA BEACH, VA 23451 APPLlCA TION BY: BRUCE THOMPSON Exhibit "A" ENGINEERING SERVICES PROVIDED BY: lIAS EN\I1RONMENTAL: (757) 436-3000 DA TE: AUGUST 25, 2002 Item V-K.5. ORDINANCESIRESOLUTION -26- ITEM # 52517 Upon motion by Vice Mayor Jones. seconded by Councilman Reeve, City Council ADOPTED: Ordinance to APPROVE the School Board's request to TRANSFER $1,737,857 in the FY 2003-04 School Operating Budget from the categories of Instruction; Administration, Attendance and Health and Transportation to Operations and Maintenance: $ 100,000 $ 160,000 $ 252,857 $ 180,000 $ 235,000 $ 300,000 $ 200,000 $ 300,000 $1,137,857 $ 600,000 Voting: 11-0 (By Consent) Council Members Voting Aye: Custodial Equipment Musical Instrument Repair Trilogy Locks Walkie-talkies Fleet Vehicles Landscape Services Copiers Academy Building Modifications 1nstruction to Operations and Maintainence Operations and Maintenance Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 27. 2004 1 AN ORDINANCE TO APPROVE THE TRANSFER OF 2 $1,737,857 WITHIN THE FY 2003-04 SCHOOL BOARD 3 OPERATING BUDGET 4 WHEREAS, by resolution dated April 6, 2004, the School Board has adopted a resolution recommending 5 the transfer of funds from the Instructional category, the Administration, Attendance and Health category, and the 6 Transportation category to the Operations and Maintenance category to purchase needed equipment. 7 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 That the School Board's transfer of $1,737,857 to the Operations and Maintenance category of the FY 10 2003-04 School Board Operating Budget, consisting of $1,137,857 from the Instruction category, $350,000 from 11 the Administration, Attendance and Health category, and $250,000 from the Transportation category, is hereby 12 approved. 13 Adopted by the Council of the City of Virginia Beach, Virginia, on this 27'" day of April, 2004. APPROVED AS TO CONTENT: v< APPROVED AS TO LEGAL SUFFICIENCY: t, ~~ r-; ~ . ~ IE: City Attorney's ice '7 CA-9150 R-3 April 21,2004 +IRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE SCHOOL BOARD Daniel D. Edwards Chairman Dislricll-Cenlerville 1513 Beachview Drive VA Beach, VA 23464 495-3551 (h). 717-0259 (cell) Neil L.Rose Vice Chairman AI-Large 1337 Harris Road VA Beach, VA 23452 463-3823(h).497-6633(wl Jane S. Brooks District6-Beach 721 HilllopRoad VA Bea:h, VA 23454 425-1597 (h) Emma l. "Em" Dill/is DistrictS. Lynnhaven 1125 Michaelwood Drive VA 8e~h, VA 23452 340.8g11 {hi A. James "Jim" DeBellis Districl2-Kempsville 4545 Bob Jones Drive VA Beach, VA 23462 467-2457 (h) Dan R. Lowe OiSlric!4. Bayside 4617 Red Coal Road VA Beach, VA 23455 490-3681 (h) SandraSmith.Jones At-Large 705 Rock Creek Court VA Beach. VA 234'02 490-B167 (h) MichaelW.Stewart District 3 - Rose Hall 105 Brentwood Court VA Beach, VA 23452 498-4303 (h) _445_4637(w) Arthur 1. Tate At-Large 1709 Ladysmith Mew5 VA Beach, VA 23455 460.5451 (h) CarolynD.Weems AI-Large 1420 Claudia Drive VA Beach. VA 234~;5 4fi4.-6674(tI) Lois S. WIlliams, Ph.D. Dislric17-PrincessAnne 2532 Las Corral~s Colin VA Bt:actl, VA 23456 2J3-(}l>,~1 ;w} SUPERiNTENDENT Timoth'j R. .kU'l"'j. PhIl. 2512 George Mason Drive VA Beach, VA 23455 427.4326 A REQUEST OF THE VIRGINIA BEACH CITY COUNCIL TO TRANSFER CERTAIN FUNDS RESOLUTION WHEREAS, the mission of the Virginia Beach City Public Schools, in partnership with our entire community, is to ensure that each student is empowered with the knowledge and skills necessary to meet the challenges of the future; and WHEREAS, on March 16,2004 the administration presented a mid-year review of the FY 2003/04 Operating Budget indicates that approximately $10.9 million of FY 2003/04 appropriated funds were available; and WHEREAS, the recommended list includes the following items to be purchase through the Operation and Maintenance category: . $110,000 for Custodial Equipment . $160,000 for repair of musical instruments . $ 252,857 for Trilogy locks . $ 180,000 for walkie talkies for communication between portables and the main building . $ 235,000 for the replacement of various fleet vehicles . $ 300,000 for equipment replacement for Landscape Services . $ 200,000 for replacement of copiers . $ 300,000 for building modifications to academy programs WHEREAS, the FY 2003/04 Operating Budget was appropriated by City Council by categories; and WHEREAS, any transfer of funds between categories must be approved by City Council prior to transfer and expenditure of funds by the School Board_ Now, therefore, be It RESOL VED: That the Board requests the City Council approve a categorical transfers follows: . $1,137,857 from Instruction to Operations and Maintenance . $ 350,000 from Administration, Attendance and Health to Operations and Maintenance . $ 250,000 from Transportation to Operations and Maintenance and be it further RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and th Clerk of the Board is dlrected to deliver a copy of this resolution to the Mayor, each member of City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 6th day of April 2004_ SEAL Daniel D_ Edwards, Chairman Attest: CERTIFIED TO BE A TRUE AND CORRECT COpy A1WU~u. fjJ. {W.J.tcutduL. Clerk, SChool Board of the City 01 Vlrglnl!! ~llllCh ~ i Oh.4~ Dianne P_ Alexander, Clerk of the Board School Administration Building. 2S 12 George Mason Drive. PO. Box 6038 . Virginia Beach. VA 23456-0038 www.vbschools.com - 27- Item V-K.6.aIb. ORDINANCES/RESOLUTION ITEM # 52518 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED, Ordinances to ACCEPT Grants and APPROPRIATE the funds as follows: $9,180 from the Norfolk Foundation. to the FY 2003-2004 Operating Budget for the Library Department re access to online databases. $567,130 from the Department of Justice re purchase of equipment for preparedness and response to weapons of mass destruction (WMD) events as recommended by the Safe Community Strategic Issue Team Voting: 11-0 (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. Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 27, 2004 1 AN ORDINANCE TO ACCEPT A $27,540 GRANT 2 FROM THE NORFOLK FOUNDATION AND 3 APPROPRIATE $9,180 TO THE FY 2003-04 4 OPERATING BUDGET OF THE LIBRARY 5 DEPARTMENT TO PROVIDE ACCESS TO 6 ONLINE DATABASES 7 8 BE iT ORDAiNED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 ViRGINIA: 10 1. That a $27,540 grant from the Norfolk Foundation is hereby accepted and 11 $9,180 is appropriated to the FY 2003-04 Operating Budget of the Library Department to 12 provide access to online databases. 13 2. That estimated revenue from donations is hereby increased in the FY 14 2003-04 operating budget by $9,180. 15 Adopted by the Council of the City of Virginia Beach, Virginia, on the 27th day 16 of April ,2004. 17 18 19 APPROVED AS TO CONTENT: D()~l) -~ Management Services APPROVED AS TO LEGAL SUFFICIENCY: 20 ~I\:; ~ ((r City Attorney' ice I 21 22 CA-9224 23 R2 24 Library-Norfolk Foundation Grant ord.doc 25 April 15, 2004 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $567,130 FROM THE U.S. DEPARTMENT OF JUSTICE 3 TO THE FY 2003-04 OPERATING BUDGET FOR 4 EQUIPMENT NEEDED FOR RESPONSE TO THE USE OF 5 WEAPONS OF MASS DESTRUCTION 6 WHEREAS, the City of Virginia Beach has been awarded two (2) 7 equipment grants from the U.S. Department of Justice, related to 8 local response to the use of weapons of mass destruction. 9 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 1. That $567,130 in grant funds is hereby accepted from 12 the U.S. Department of Justice and appropriated as 13 follows: 14 a, $140,216 to the Police Department's FY 2003-04 15 Operating Budget for the purchase of a SWAT 16 trailer, personal protective equipment for 17 responders, and accessories for a bomb robot and 18 suit; 19 b. $108,717 to the Fire Department's FY 2003-04 20 Operating Budget for the purchase of replacement 21 detection and monitoring equipment, personal 22 protective equipment for responders, and to 23 complete a vulnerability assessment and responder 24 plan as requirec by the grant; 25 c. $121,480 to the Emergency Medical Services 26 Department's FY 2003 - 04 Operat ing Budget for the 27 purchase of a response vehicle, identification 28 card machines and personal protecti ve equipment 29 for responders; 30 d. $150,000 to the Communications and Information 31 32 Technology Operating Department's FY 2003-04 Budget for the purchase of equipment related to 33 the Emergency Operations Center; and 34 35 36 37 38 e. $46,717 to the Public Utilities Department's FY 2003-04 Operating Budget for the purchase of personal protective equipment for responders and cyber locks for water facility security. 2. That federal revenue in the FY 2003-04 operating budget 39 is hereby increased by $567,130. 40 41 Accepted by the Council of the City of Virginia Beach, Virginia on the 27th day of April, 2004. Approved as to Content ~ , \ F" '. '\ (\\\\\n -_J C;\f~ II \\12/'\Cl~\ Department of Management Services Approved as to Legal Sufficiency / ( ~ /'-""'-' (./<'-"'ec . J. \P"L<.. ,J. .JV Department of Law CA-9226 R3 April 15, 2004 DOC Equipment Grant Ord ., I \ I U i' il"l.c, \'r- ~., je) <. . , :,v,l-- COMMONWEALTH of VIRGINIA MICHAEL M. CLINE State Coordinator Department of Emergency Management 10501 Trade Court Richmond. Virginia 23236-3713 (804) 897.6500 (TOD) 674.2417 FAX (804) 897.6506 JANET L. CLEMENTS Deputy Coordinator L. RALPH JONES, JR. Deputy Coordinator February 13, 2Q04 Me James K. Spore City Manager Virginia Beach City 240 I Courthouse Drive Virginia Beach, VA 23456 ;-.r:'i: Dear Mr. Spore: We are pleased to inform you that Grant Funds from the Department of Homeland Security, Office of Domestic Preparedness and administered by the Commonwealth in the amount of $2&6,830.00 have been approved for Virginia Beach City. This funding is from the 2003-1 Grant Program and reflects the fact that ODP has approved your requested eqnipment per your submission on the "equipment budget worksheet". We are in the process of having these funds transferred to your Virginia Beach City account via the Commonwealth's finance system, so please have your finance personnel be on the lookout for the transaction. Remember that this represents grant funds to purchase the items that your locality listed on the equipment budget worksheet and you can only spend these funds on what you listed on that worksheet, no substitutions or changes are allowed. All purchases have to be accounted for via receipts and purchase orders for program and audit purposes. Please use the enclosed worksheet to record your activity and attach the appropriate receipts to it upon completion of your purchase(s). You have until March 31", 2005 to complete your acquisitions. Ifwe can help you in any way, please contact Julian Gilman at (804) 897-6500, extension 6595. He will be able to help with any issues that you may have. Sincerely, ffvZ) ffC~ Michael M. Cline MMC/JDG cab Ellclosure c: Julian Gilman /I Working to Protect People, Property and Our Comrnunities'l ; ! \ ./l/\lli-..). .I .,.~.. t/;l .. Vi' ~J . ",' t\./,---' -\ ! I'. )0,""'- 'c) v"- COMMONWEALTH of VIRGINIA MICHAEL M. CLINE State Coordinator Department of Emergency Management 10501 Trade Court Richmond, Virginia 23236-3713 (804) 897.6500 (TOO) 674.2417 FAX (804) 897.6506 JANET L. CLEMENTS Deputy Coordinator L_ RALPH JONES, JR. Deputy Coordinator February 13, 2004 Mr. James K. Spore City Manager Virginia Beach City 240 I Courthouse Drive Virginia Beach, V A 23456 ?1[l,! ."-"',r Dear Mr. Spore: We are pleased to inform you that Grant Funds from the Department of Homeland Security, Office of Domestic Preparedness and administered by the Commonwealth in the amount of $930,300.00 will be forwarded to Virginia Beach City within the next 10 days. This funding is from the ODP 2003-11 Grant Program. As a point of important clarification when planning your expenditures remember that you may only spcnd a maximum of3% of your total grant award in the Planning/Administrative costs area. We are in the process of having these funds transferrcd to Virginia Beach City's account via the Commonwealth's finance system, so please have your finance personnel be on the lookout for the transaction. Remember that this represents grant funds to purchase the items that your locality has determined it requires to meet the 2003 II Grant program objectives and your localities requirements within these objeetives. Enclosed are required grant activity reports that you are required to fill out and return no later than the date listed on the report with an approving signature. Please include the paid invoices for funds expended during this reporting period. You have until June 30, 2005 to eomplete your acquisitions. If you would like an electronie copy of these reports please contact Cheryl Adkins at 804/897-6500, extension 6597. Ifwc can help you in any way, please contact Julian Gilman at (804) 897-6500, extension 6595. He will be able to help with any issues that you may have. Sincerely, /PvZ) ffc~ Michael M, Cline MMC/JDG cab Enclosure c: Julian Gilman "Wurking to Protect People, Property and Our Communities" - 28- Item V-K.7. ORDINANCESIRESOLUTION ITEM # 52519 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Resolution re EXECUTION of the Hampton Roads Metropolitan Medical Response System Mutual Aid Agreement and the Medical Strike Team Memorandum of Understanding (MOU) re emergency aid and assistance in event of a disaster or emergency. Voting: 11-0 (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, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 27. 2004 1 2 3 4 5 6 7 8 9 10 A RESOLUTION TO DIRECT THE CITY MANAGER TO EXECUTE THE HAMPTON ROADS METROPOLITAN MEDICAL RESPONSE SYSTEM MUTUAL AID AGREEMENT AND THE HAMPTON ROADS METROPOLITAN MEDICAL STRIKE TEAM MEMORANDUM OF UNDERSTANDING WHEREAS, the Code of Virginia ~ 44-146.20 authorizes 11 political subdivisions to provide emergency aid and assistance 12 in the event of a disaster or emergency. 13 WHEREAS, the cities of Chesapeake, Franklin, Hampton, 14 Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia 15 Beach, Williamsburg and the counties of Gloucester, Isle of 16 Wight, James City, Southhampton, Surry, York and the town of 17 Smithfield each agree it is deemed mutually beneficial to the 18 parties hereto to enter into an agreement concerning mutual aid 19 and cooperation with regard to emergency medical responses to 20 suspected terrorism events / and natural and man-made 21 catastrophes, that are conceivably beyond the abilities and/or 22 resources of the affected party; and desire to augment their 23 emergency medical response resources in times of mass casualty, 24 disaster or terrorism events; and 25 WHEREAS, this Resolution authorizes the request, 26 provision, and receipt of interjurisdictional mutual aid in 27 accordance with Title 44, Chapter 3.2 of the Code of Virginia 28 among political subdivisions, other authorized entities, and 29 officers within the Commonwealth; 30 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 31 CITY OF VIRGINIA BEACH, VIRGINIA: 32 That the City Manager is directed to execute the 33 Hampton Roads Metropolitan Medical Response System Mutual Aid 34 Agreement and the Hampton Roads Metropolitan Strike Team 35 Memorandum of Understanding. 36 Adopted by the Council of the City of Virginia Beach, 37 Virginia, on the 27th day of April 2004. CA-8874 H:\GG\OrdRes\HRMMRS Mutual Aidres.doc R-2 March 17, 2004 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ]rcRut~ 4QU2L'e~.. Emergency Medical Services ~~~ce~ ~ 2 Hampton Roads Metropolitan Medical Response System 855 West Brambleton Avenue, Suite 233 Norfolk, VA 23510-1001 November 5, 2003 Hampton Roads City and County Managers Dear Chief Administrative Officer: In March we asked for your assistance to help the Hampton Roads Metropolitan Medical Response System (HRMMRS) become operational by signing two documents: a response agreement and a mutual aid agreement. Seven of the fifteen jurisdictions signed these agreements, but several of the remaining jurisdictions were not comfortable with the indemnification and hold harmless language. Others requested additional changes and wanted to see the documents cross-referenced. Kathy Rountree from the Virginia Beach City Attorney's Office accepted the challenge of addressing these concerns and drafting revised documents. The HRMMRS Strike Team Operations Committee and Oversight Committee have reviewed these revised agreements and believe all of the concerns have been addressed. The two new documents are enclosed for your review and signature. The Hampton Roads Metropolitan Medical Strike Team (HRMMST) Response Memorandum of Understanding is needed to sponsor your personnel as HRMMST members to serve in leadership and responder roles. Sponsorship constitutes (1) liability, medical and worker's compensation coverage while on assignment, (2) temporary duty assignment time for required training and exercises, and (3) service in a shared and rotating on-call duty status. When serving in this on-call status, the sponsored personnel may be activated for emergency response anywhere within the Hampton Roads region. While on call, your sponsored personnel will be in position to attend to their regular local duties in your agency but must be allowed to respond if activated, All Hampton Roads jurisdictions, hospitals, public health departments, as well as several private medical groups and organizations, are being asked to sponsor personnel for this operational response team. Over 200 individuals will be required to staffthe HRMMST. An organization chart is enclosed for your reference. All HRMMST members will receive the appropriate personal protective equipment, communication equipment and training to fulfill their responsibilities. As personnel are identified within your organization, they are being asked to discuss sponsorship with their supervisors. When the HRMMST is fully staffed, we will forward a matrix identifying all members and their roles for your reference. The Hampton Roads Metropolitan Medical Response System Mutual Aid Agreement will authorize the use of personnel and equipment for emergency response among all sixteen Hampton Roads jurisdictions, upon request ofthe incident commander. This will ensure that the assets of all jurisdictions, including MMRS assets, will be immediately available to the affected jurisdiction (s) when the response is beyond the abilities and/or resources ofthe jurisdiction(s). Chief Administrative Office Letter RE: Strike Team Response Agreement and Mutual Aid Agreement March 6, 2003 Page 2 If you need additional information regarding the HRMMST or the roles of your personnel within it, please contact Bill Ginnow at (757) 446-5179 or us at the numbers below. Please return your signed agreements to: Bill Ginnow Program Manager Hampton Roads Metropolitan Medical Response System C/o Tidewater Emergency Medical Services Council, Inc. 855 W. Brambleton Ave., Suite 233 Norfolk, VA 23510-1001 Kathy Rountree recommends the all jurisdictions sign the new agreements, even if the previous agreement we signed. Thank you for your continued support. Sincerely, James Chandler Executive Director, TEMS Council Inc. Chair, HRMMRS Oversight Committee (757) 446-5179 Don Wilson Executive Director, PEMS Council, Inc, Vice Chair, HRMMRS Oversight Committee (804) 693-6234 Enclosures Hampton Roads Metropolitan Medical Response System Metropolitan Medical Strike Team Response Memorandum of Understanding This Memorandwn of Understanding will address the sponsorship, response, staffing, and training requirements for civilian agencies supporting Hampton Roads Metropolitan Medical Strike Team (HRMMST) members and for localities supporting HRMMST members under the provisions of the Hampton Roads Metropolitan Medical Response System Mutual Aid Agreement. I. A HRMMST member requested to respond to a Hampton Roads Metropolitan Medical Response System ("HRMMRS") activation, or participate in training and regional exercises, will be provided coverage under the individual member's sponsoring jurisdiction's or agency's liability and compensation policies and plans, including, but not limited to, health, liability, and worker's compensation benefits. To the extent authorized by law, each participating jurisdiction and agency will provide for the payment of compensation and death benefits to its injured members of the responding HRMMST if such member(s) sustain injuries or are killed while rendering aid pursuant to this Memorandum of Understanding, in the same manner and on the same terms as if the injury or death were sustained within the member's own jurisdiction or agency. 2. HRMMST members responding to an incident will report to the areas designated when notification of an incident is received. Use of sponsoring jurisdiction or agency official vehicles is preferred. 3. HRMMST members will respond to the incident with personal protective equipment and clothing and/or other equipment issued to them by the HRMMRS and/or the sponsoring jurisdiction or agency. 4. HRMMST members will be made available to meet the initial and annual continuing education and training requirements ofthe HRMMRS. Members will be made available both on and off duty to assure compliance with the training requirements, unless to do so would cause an undue hardship on the affected locality, 5. HRMMST members will be available to respond to a HRMMRS activation inside or outside of their jurisdiction!work location, both on and off duty, unless to do so would cause an undue hardship on the affected locality. HRMMST members will respond at no cost to the affected/requesting locality provided they are responding to a properly executed HRMMRS incident and are part of the Strike Team on call. If the incident is declared a "Disaster" by the Governor of Virginia and/or President of the United States, each jurisdiction and agency may be able to seek reimbursement as outlined by FEMA federally declared disaster requirements. 6. This Memorandwn of Understanding may be modified with the approval of the agency directors and the managers of the various localities. 7. This Memorandwn of Understanding may be terminated by providing written notice thirty (30) days prior to termination to the Hampton Roads MMRS Oversight Committee, c/o Tidewater Emergency Medical Services Council, Inc., 855 West Brambleton Avenue, Norfolk, Virginia 23510-1001. Jurisdiction! Agency Name (Sponsoring Jurisdiction! Agency) Authorized Signature Title Date Signed J:\SHARED\MMRS\$trike Team\Strike Team Agreements\HR-MMST Response MOU 092303 1 of 1 Hampton Roads Metropolitan Medical Response System Mutual Aid Agreement This AGREEMENT entered into on the day of , 2003, by and between the member jurisdictions of the Hampton Roads Metropolitan Medical Response System ("HRMMRS"), being the cities of Chesapeake, Franklin, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, Williamsburg; the counties of Gloucester, Isle of Wight, James City, Southampton, Surry, York; and the town of Smithfield, each duly and lawfully represented by the contracting officer executing this instrument: RECITAL Whereas, each ofthe parties hereto support the Hampton Roads Metropolitan Medical Strike Team; and Whereas, each of the parties hereto maintains equipment and personnel for emergency response within its own jurisdiction; and Whereas, it is deemed mutually beneficial to the parties hereto to enter into an agreement concerning mutual aid and cooperation with regard to emergency medical responses to suspected terrorism events, and natural and man-made catastrophes, that are conceivably beyond the abilities and/or resources of the affected party; and Whereas, the parties hereto desire to augment their emergency medical response resources in times of mass casualty, disaster or terrorism events; and Whereas, the parties hereto desire that the terms and conditions of this HRMMRS Mutual Aid Agreement be established: Therefore, the parties hereto mutually agree as follows: AGREEMENT 1. In the event of a medical emergency in a party's jurisdiction that may necessitate the need of a mutual aid response, it shall be the duty of the requesting jurisdiction's incident commander to assure that the request for the mutual aid response is communicated per the requesting jurisdiction's policy. 2. In the event a request for a mutual aid response is properly made by the requesting jurisdiction, the responding equipment and personnel will be under the control of their own supervisor( s), the senior supervisor reporting to and taking directions from the requesting party's incident commander. 3. The incident commander ofthe requesting jurisdiction shall assume full command of the operations, but if that incident commander specifically requests the senior officer of the mutual aid response to assume command, that requesting party's incident commander shall not, by relinquishing command, be relieved ofhislher responsibility for the operation. 4. The requesting party shall be responsible for designating a radio communications system for use by all emergency personnel. Should radio systems be incompatible, the incident commander and the senior officer of the mutual aid response shall coordinate communications. 5. The services performed and expenditures made under this Agreement shall be deemed to be for public and govenunental purposes and all immunities from liability enjoyed by the local govenunent within its boundaries shall extend to its participation in rendering assistance outside its 10f2 boundaries. It is understood that for the purposes of this Agreement, the mutual aid response is rendering aid once it departs its own jurisdictional boundaries. 6, All pension, disability, worker's compensation, life and health insurance and other benefits enjoyed by personnel participating in the mutual aid response shall extend to the services they perform under this Agreement whether inside or outside oftheir respective jurisdictions. Each party agrees that provisions of these benefits shall remain the responsibility of the participating personnel's jurisdiction, 7. Each party hereto agrees to waive any and all claims against all other parties hereto which may arise out oftheir participation in HRMMRS activities inside or outside of the irrespective jurisdictions. 8, The parties participating in this Agreement shall not be liable to each other for reimbursement for injuries to personnel or damage to equipment incurred when going to or returning from another jurisdiction. No party shall be liable to any other party for any other costs associated with, or arising out of, the rendering of assistance by a mutual aid response pursuant to this Agreement; except, however, the responding jurisdiction may request reimbursement to replenish equipment and supplies. However, should the incident be declared a disaster by the President of the United States and/or Governor of Virginia, it shall be incumbent upon the requesting jurisdiction to coordinate with the mutual aid team(s) the calculation of actual costs incurred for use of personnel and equipment. The requesting party shall also, upon receipt of reimbursement funds, coordinate with the mutual aid team(s) the disbursement of those funds related to personnel and equipment provided by the mutual aid team(s), 9. Nothing contained in this Agreement should in any manner be construed to require any ofthe parties to respond to a request for services when the service personnel of the jurisdiction to whom the request is made are, in the opinion of the requested jurisdiction, needed or are being used within the boundaries of that jurisdiction, nor shall any such request require the requested jurisdiction to continue to provide services to another jurisdiction when its service personnel, vehicles or equipment are, in the requested jurisdiction's opinion, needed for other duties within its own boundaries, 10. Nothing in this Agreement is intended to, nor shall it be interpreted to override, supercede, nullify or in any way change any mutual aid agreement or understanding currently enjoyed by any party, jointly or severely. II. Any of the parties hereto may withdraw from this Agreement by giving thirty (30) days written notice to that effect to each of the other parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers, with their respective official seals affixed hereto and attested by their respective city, county or town clerk, and indicated thereafter the ordinance or resolution authorizing the execution. ATTEST: City/County of By By: City/County Clerk City Manager/County or Town Administrator Resolution/Ordinance No. Adopted on J:\SHARED\MMRS\StrikeTeam\Strike Team Agreements\HR-MMRS Mutual Aid Agreement I01503.doc 20f2 E ... "0. .... ::I .. 0 ... .. 'C (!) - Ul= - ... ...t> .2 ... " .. ...c :E E <: .. ...:E :!::..- 00 o.N 0- .. E - ... .. .. :E.... Ul .. " .. ....c o E 0:: .. <::E .eN 0..... E ... :J: h~ C 1il ti~ bi~ li~ ll;r n ~ l ril gj lril~ e ~ril; .., :gU'" a.(/) Ula. c" 8~e ~e !.2C1l - r- l; ",- ",- - . ~ ~ r . -8 I ! . E . : :Ii 1;; l- I C N_~ C ..._i ::E 1;; ~ -~ .. -~ :! ::E ~Uill H~ Hill ,",co. :! - :5~iIl m aill~ !~~ aill~ a ill ~ ill ::E aic I :! 0"'- 0"'- 0"'- ~ ~ ~ -on -on 1 ;:-j -on l-i IH l~jl ~ :; ::E ~ U iIl-8- ~iJ(l rilCll ill!i iIlm! . - - L-- ::E a.(/) illj illja ill j a iIl~'" Ul Ul Ul ill",;:- I I I a'~ l !jll iiill ~ a'" I ;; J!~" -hi a. CIl gj I ~ ~C") I! jtic e- ",- B~& 1 5131:") ~gj - u.Jl.. ll. -i "'.CIl Ijlc s. le =~(I) 0 a. hJ .3c ::E- I- .., l!.~ pi ~ iL 1~;:- oIl ~i~ .. j~ <38- = .., lril:; ,.i! ~ e 3 - 8.. .5 ~gj 1 ~ .5U ~ w .., .!!I ",.., :fi a.~ ~ ::E ~ ~ i!c_ .- ~e .~ c -8::1- I- ~'2 J",- ! . of, ~ I I .. ~~ j ~ 4 i i ~~ . ~ !j'2 .. t ~ ~;: [ii i l!.l- .. ~ o. .f !i[ .. li .., t ~ !~.. :is N ! UlCll i. ~ a.CIl I i;~e 'i i.",~ E : E l- . . .. I- ::E II c :! 1: ~ ilj lic ~ 'I; 1'2 - i~ .2 t ~ .. .ti.., J !e- II ~t; .. c N E .. 'Ii . ~ Jle . . ~ l- I- II . 1: Z ilj - . - '" <> <0 ~ '" <> SUMMARY OF TERMS 1. Hampton Roads Metropolitan Medical Response Svstem Mutual Aid Agreement - An agreement between seventeen (17) member political subdivisions in which the appropriate assisting parties agree to provide specified resources during a medical emergency to the requesting party under the terms and conditions specified in the agreement. 2. Hampton Roads Metropolitan Medical Strike Team - An identified group of first responders sponsored by their employer. Sponsorship includes: (1) liability, medical and worker's compensation coverage while on assignment; (2) temporary duty assignment time for required training and exercises; and, (3) service in a shared and rotating on-call duty status. 3. Requesting Partv - The member political subdivision requesting aid in the event of a medical emergency or disaster and participating the Hampton Roads Metropolitan Medical Response Mutual Aid Agreement pursuant to the terms and conditions of that agreement. 4. Assisting Partv - The member political subdivision furnishing equipment, services and/or manpower to the requesting party, and participating in the Hampton Roads Metropolitan Medical Response Mutual Aid Agreement pursuant to the terms and conditions of that agreement. 5. Member Political Subdivisions - Chesapeake, Franklin, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, Williamsburg and the counties of Gloucester, Isle of Wight, James City, Southhampton, Surry, York and the town of Smithfield. 6. Nature -- Allows the City of Virginia Beach to participate in the HRMMR Mutual Aid Agreement as either a requesting party or an assisting party. In the event of a medical emergency, the City Manager or his designee would be able to request assistance from any of the participating subdivisions, who could in turn respond immediately as authorized by the Mutual Aid Agreement. 7. Term - Indefinite. However, no member political subdivision shall be required to provide mutual aid unless it determines that it has sufficient resources to do so. Withdrawing the City's participation in the HRMMR Mutual Aid Agreement is accomplished by providing written notice. 8. Insurance - Insurance requirements are met through the City of Virginia Beach's self- insurance program administered by Risk Management. H:\Policy and Administration\GENERAL GOVERNMENT DIVISION - Team A\Ordinances & Resolutions Prepared for CouncilIHRMMR.sUMMARY OF TERMS. doc Item V-L. PLANNING 1. BAY BREEZE CONDOMINIUMS 2. RONALD C. AND DONNA G. RIPLEY 3. VIRGINIA WESLEYAN COLLEGE 4. JEFFREY K. FRANCES,INC. 5. OBFP,INC. (Ocean Breeze Fun Park) - 29- ITEM # 52520 STREET CLOSURE VARIANCE CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT MODIFICATION OF CONDITIONAL USE PERMIT/AQUA SPORTS, INC. (APPROVED 6/23/86) CONDITIONAL CHANGE OF ZONING A_...:l "'f'7 1111'lA - 30- Item V-L. PLANNING ITEM # 52521 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council APPROVED in ONE MOTION Items 1, 2, 3 and 5a/b. of the PLANNING BY CONSENT AGENDA. Voting: 11-0 (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, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Re Item L.5a/b., Council Lady Wilson DISCLOSED pursuant to Conflict of Interests Act 82.2-3115 (H) relative 0 B F P, Inc. 's application. Her husband is a principal in the accounting firm of Goodman and Company and that company provides services to 0 B F P, Inc. (Ocean Breeze Fun Park, Inc.) and E.SG.. Enterprises, Inc., which has a parent-subsidiary or affiliated business entity relationship with 0 B F P. Inc. Her husband does not personally provide services to 0 B F P, Inc. or E.S G. Enterprises, Inc. The City Attorney has advised that although she has a personal interest in the transaction, because her husband does not personally provide service to O. B. F. P, Inc. or E. S G. Enterprises. Inc., she may participate without restriction in City Council's discussion and vote. April 27, 2004 - 31 - Item V-L.1. PLANNING ITEM # 52522 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED Ordinance upon application of BA Y BREEZE CONDOMINIUMS for discontinuance. closure and abandonment of a portion of Summerville Court at Carver A venue re development of condominiums: Ordinance upon Application of Bay Breeze Condominiums, Inc. for the discontinuance, closure and abandonment of a portion of Summerville Court beginning at a point 270 feet north of its intersection with Carver Avenue and running 26.99 feet in a northerly direction. DISTRICT 6 - BEACH The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The applicant shall dedicate certain right-of way to the Cityfor a turn space at the new terminus of Summerville Court. The net area of right-of way being closed and vacated by the City, in excess of the area of right-ofway being dedicated to the City by the applicant, will be purchased from the City. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant is required to construct a turn space at the new terminus of Summerville Court at no cost to the City of Virginia Beach. A construction plan for the turn space must be approved and bonded through the Development Services Center of the Planning Department prior to recordation of the street closure plat. The construction plan shall include a row of evergreen shrubs (3 to 4 feet in height) to be planted along the northern and western edge of the turn space to provide a screen for the proposed condominiums. 3. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 4. The applicant is required to verifY that no private utilities exist within the right-of way proposed for closure. Preliminary comments from the utility companies indicate that there are private utilities within the right-o.fway proposed for closure and an easement satisfactory to the utility company must be provided. April 27, 2004 Item V-L.l. PLANNING Voting: - 32- ITEM # 52522 (Continued) 5. Closure of the right-ol-way shall be contingent upon compliance with the above stated conditions within 365 days of approval (April 26, 2005) by City Council.1fthe conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-oj:way, this approval shall be considered null and void 11-0 (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, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None April 27, 2004 I 2 3 4 ORDINANCE NO. 5 6 7 8 IN THE MATTER OF CLOSING, VACATING AND 9 DISCONTINUING A PORTION OF THAT CERTAIN 10 STREET KNOWN AS A PORTION OF SUMMERVILLE 11 COURT AS SHOWN ON THAT CERTAIN PLAT 12 ENTITLED "EXHIBIT 'A' PLAT SHOWING PORTION 13 OF SUMMERVILLE COURT TO BE CLOSED BY THE 14 VIRGINIA BEACH CITY COUNCIL VIRGINIA 15 BEACH, VIRGINIA" 16 17 18 WHEREAS, Bay Breeze Condominiums, Inc. applied to the Council of the City 19 of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and 20 vacated; and 21 WHEREAS, it is the judgment of the Council that said street be discontinued, 22 closed, and vacated, subject to certain conditions having been met on or before one (I) year from 23 City Council's adoption of this Ordinance; 24 25 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 26 Beach, Virginia: 27 28 SECTION I 29 30 That the hereinafter described street be discontinued, closed and vacated, subject 31 to certain conditions being met on or before one (I) year from City Council's adoption of this 32 ordinance: 33 All that certain piece or parcel of land situate, lying and being in 34 the City of Virginia Beach, Virginia, designated and described as 35 36 GPIN: 2417-56-3442,2417-56-2566,2417-56-1434, and 24[7-56-1520 37 1 37 "AREA OF SUMMERVILLE COURT TO BE CLOSED BY THE 38 VIRGINIA BEACH CITY COUNCIL, AREA = 810 S. F. OR 39 0.019 ACRE" shown as the cross-hatched area on that certain plat 40 entitled: "EXHIBIT 'A' PLAT SHOWING PORTION OF 41 SUMMERVILLE COURT TO BE CLOSED BY THE VIRGINIA 42 BEACH CITY COUNCIL, VIRGINIA BEACH, VIRGINIA" 43 Scale: 1"=20', dated 10114/03, prepared by Rood & Smith, P.c., a 44 copy of which is attached hereto as Exhibit A. 45 46 47 SECTION II 48 49 The following conditions must be met on or before one (I) year from City 50 Council's adoption of this ordinance: 51 1. The City Attorney's Office will make the final determination regarding 52 ownership of the underlying fee. The applicant shall dedicate certain right-of-way to the City for 53 a turn space at the new terminus of Summerville Court as shown on the aforesaid plat. The net 54 area of right-of-way being closed and vacated by the City, in excess of the area of right-of-way 55 being dedicated to the City by the applicant, will be purchased from the City. The purchase price 56 to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's 57 Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of said policy 58 are available in the Planning Department. 59 2. The applicant is required to construct a turn space at the new terminus of 60 Summerville Court at no cost to the City of Virginia Beach. A construction plan for the turn 61 space must be approved and bonded through the Development Services Center of the Planning 62 Department prior to recordation of the street closure plat. The construction plan shall include a 63 row of evergreen shrubs (3 to 4 feet in height) to be planted along the northern and western edge 64 of the turn space to provide a screen for the proposed condominiums. 2 65 3. The applicant shall resubdivide the property and vacate internal lot lines to 66 incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted 67 and approved for recordation prior to final street closure approval. 68 4. The applicant shall verify that no private utilities exist within the right-of-way 69 proposed for closure. Preliminary comments from the utility companies indicate that there are 70 no private utilities within the right-of-way proposed for closure. If private utilities do exist, the 71 applicant shall provide easements satisfactory to the utility companies. 72 5. Closure of the right-of-way shall be contingent upon compliance with the 73 above stated conditions within one year of approval by City Council. If all conditions noted 74 above are not in compliance and the final plat is not approved within one year of the City 75 Council vote to close the street, this approval will be considered null and void. 76 77 SECTION III 78 79 1. If the preceding conditions are not fulfilled on or before April 26, 2005, 80 this Ordinance will be deemed null and void without further action by the City Council. 81 2. If all conditions are met on or before April 26, 2005, the date of final 82 closure is the date the street closure ordinance is recorded by the City Attorney. 83 3. In the event the City of Virginia Beach has any interest in the underlying 84 fee, the City Manager or his designee is authorized to execute whatever documents, if any, that 85 may be requested to convey such interest, provided said documents are approved by the City 86 Attorney's Office. 87 3 87 88 SECTION IV A certified copy of this Ordinance shalI be filcd in the Clerk's Office of the 89 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 90 VIRGINIA BEACH as "Grantor" and Bay Breeze Condominiums, Inc. as "Grantee." 91 92 93 94 95 96 97 98 99 100 101 102 1m 104 105 106 107 108 109 110 III 112 113 114 115 of April Adopted by the Council of the City of Virginia Beach, Virginia, on this 2..7..t.h. day ,2004. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. CA9074 March 22, 2004 F:\Dala\ATY\I'onns\SII'l'CI Closurc\WORKIN(j\ca91l74ord.l!IH: APPROVED AS TO CONTENT: m '5 '"2?P'I PI~g Department APPROVED AS TO LEGAL SUFFICIENCY: ,.9 {vV-9d'r-~---7 '":'---:;:- City Attorney 4 ~ CROSSHA TCHEO AREA REPRESENTS AREA OF SUMMERVILLE COURT TO BE CLOSEO BY THE VIRGINIA BEACH CITY COUNCIL AREA=810 s.F. OR 0.019 ACRE ~~R~rt;~~~'1i~l!f [!;iltrl~Jll~it&flfi~1 ~j~j;~Yi~fff1:~fifI!s BE (M.B. 18, Pc. 39) PROPOSED R/W LINE :!:: NOTE: THIS PLA TWAS PREPAREO WITHOUT THE BENEFIT OF A TITLE REPORT AND MA Y NOT SHOW ANY/ALL EASEMENTS OR RESTRICTIONS THA T MA Y AFFECT SAID PROPERTY AS SHOWN. EXHIBIT :4' PLA T SHOWING PORTION OF SUMMER VlLLE COUR T TO BE CLOSED BY THE VIRGINIA BEACH CITY COUNCIL VIRGINIA BEACH, VIRGINIA BLOCK 1 (M.B. 18, Pc. 39) LOT 8 PT. GPIN: 2417-56-3442 LOT 7 PT. GPIN: 2417-56-3442 POR770N OF SUMMERVILLE COURT TO BE CLOSED BY THE VIRGINIA BEACH CITY COUNCIL \f: ,,~ + h ~ + ~ \ ............ . b c -Jr- C) C c. C)\:l '" c:! c ~ c ~\~ U~ " ~ -+- lu~~~-+- -.1 ~ II:: -.1 ~. <xS "=,,,?5 g- "';:")...-....:..cti ~~ ~ ~~ ~~ ~ ~ ~ f-..C--.[. t !1,1!Dtf BLOCK 2 (M.B. 18, PG. 39) LOT 8 GPIN: 2417-56-1434 ~ . '" s:> 1'1 N 74"49'51" W ~ 7~~;r :\~Ii ~ AREA TO BE OEDICA TED TO THE CITY OF VIRGINIA BEACH, VA. FOR R/W PROPOSED R/W LINE N 74'49'51" W LOT 9 GPIN: 2417-56-1520 30.15' S 74'49'51. E PARCEL 1 (M.8. 202, PG. 47) GPIN: 2417-56-2566 REVISED: 02/27/04 REVISED: 02/26/04 SCALE 40 60 I I ROOD & SMITH P.c. LAND SURVEYORS GRAPHIC o 10 20 ~ 5737 BARTEE STREET NORFOLK,VA 23502 TEL: 757.466.1111 FAX: 757,466,9384 SCALE: DATE: REF: 1"-20' DRAWN BY: W.W.L. 10 14 03 10-09-03 56975.RAW M.B, 18 PG, 39 56,9758 EXHIBIT "A" - 33- Item V-L.2. PLANNING ITEM # 52523 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council APPROVED the application upon Petition of RONALD C. and DONNA G. RIPLEY for a Variance to ~, 4.4(b) that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Ronald C. and Donna J. Ripley. Property is located at 41 01 White Acres Road (GPIN 14789829780000). DISTRICT 4 - BA YSIDE The following conditions shall be required: 1. The property shall be subdivided in substantial compliance with the submitted plat entitled, "Subdivision Plat of Parcel 2 Whitehead Property, "prepared by Horton & Dodd, P.c., dated October 31, 2003. 2. When Parcel 2-2 is developed, the footprint of the dwelling unit shall be located as depicted on the Plan approved by the Chesapeake Bay Preservation Area Board entitled, "CBP A Plan of Parcel 2-2, Subdivision of part of Whitehead Property, sheet 3 of5, "prepared by Horton & Dodd, P.c., dated July 17,2003. Voting: 11-0 (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, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 27, 2004 - 34- Item V-L.3. PLANNING ITEM # 52524 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED Ordinance upon application of VIRGINIA WESLEYAN COLLEGE for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF VIRGINIA WESLEYAN COLLEGE FOR A CONDITIONAL USE PERMIT FOR A STUDENT DORMITORY R04043I I 70 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Virginia Wesleyan College for a Conditional Use Permit for a student dormitory on property located at 58/7 Wesleyan Drive (GPIN 14680326460000). DISTRICT 2 - KEMPSVILLE The following conditions shall be required: I. The site shall be developed in substantial conformance with the Concept Plan entitled, "Virginia Wesleyan College, Conditional Use Permit, prepared by C. Allan Bamforth, Jr. Engineer - Su~eyor, dated January 2, 2004, and the layout plan entitled" VWC proposed Apartment Style Residence Hall + Row Houses, Village 3 Complex, "prepared by Cutler Design. 2. The overall size and massing of the proposed dormitories shall be substantially as depicted in the rendering entitled, "VWC Proposed Apartment Style Residence Hall + Row Houses, Perspective Showing New Residence and Row Houses to Village 3 Complex, "prepared by Cutler Design. 3. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded and focused away from adjoining properties. This Ordinance shall be effective in accordance with Section 1 07 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-seventh of April, Two Thousand Four April 27, 2004 Item V-L.3. PLANNING Voting: - 35- ITEM # 52524 (Continued) 11-0 (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, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None April 27, 2004 - 36- Item V-L.4. PLANNING ITEM # 52525 Attorney R. E. Bourdon, Phone; 499-8971, represented the applicant The following registered in OPPOSITION: Jacob W. Miller, 2140 Vista Circle, Apartment 303, Phone: 496-3431, represented the Lesner Cove Condominium Association Howard Harness, 2001 Cove Road, Phone: 481-3697 Upon motion by Councilman Wood, seconded by Councilman Reeve, City Council ADOPTED an Ordinance upon application of JEFFREY K. FRANCES, INC. for a Conditional Use Permit re an off-site parking lot for a proposed restaurant: ORDINANCE ON APPLICATION OF JEFFREY K. FRANCIS, INC. FORA CONDITIONAL USE PERMIT FOR AN OFF-SITE PARKING LOT R040431171 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Jeffrey K. Francis, Inc.for Conditional Use Permit for an off-site parking lot on property located at 2149 Vista Circle (GPIN 1489889304000). DISTRICT 5 - LYNNHAVEN The follOWing conditions shall be required: I. The site shall be developed and landscaped substantially in accordance with the submitted Conceptual Site Layout and Landscape Plan of Vista Circle Restaurant, prepared by MSA. P.e., dated 12/01/03, provided the applicant obtains a variance from the Board of Zoning Appeals for the required setback and landscaping. Said plan is on file in the City of Virginia Beach Planning Department. If the applicant does not obtain a variance, then the site layout shall be redesigned to meet the required setback and landscaping. 2. The parking lot shall be developed in accordance with the City Code section pertaining to Commercial Parking Lots, Section 23- 58, Subsection (/)(1), (/)(2), (/)(4), (/)(5), and (/)(8). Alternative pavement treatments may be allowed in order to protect and save the live oak trees on the site. 3. The applicant shall provide a lighting plan for the parking subject to review by City Staff. The lighting shall be low level and designed so as not to spillover onto adjacent properties or the City's right-of- way. April 27, 2004 - 37- Item V-L.4. PLANNING ITEM # 52525 (Continued) 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 Twenty-seventh of April, Two Thousand Four Voting: 9-2 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R, Jones, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Mayor Meyera E. Oberndorf and Reba S. McClanan Council Members Absent: None April 27, 2004 - 38- Item V-L.5.a/b/ PLANNING ITEM # 52526 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council MODIFIED MODIFIED Conditional Use Permit for OBFP, INC. (AQUA SPORTS, INC). (APPROVED June 23, 1986) and ADOPTED Ordinance upon application ofOBFP, INC. (Ocean Breeze Fun Park) for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF 0 B F P, INC. FOR A MODIFICATION OF A CONDITIONAL USE PERMIT APPROVED BY CITY COUNCIL ON JUNE 23, 1986 (AQUA SPORTS, INC.). BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA Ordinance upon Application of 0 B F P, Inc. for a Modification of a Conditional Use Permit approved by City Council on June 23, 1986 (Aqua Sports, Inc.). Property is located at 700 South Birdneck Road (GPIN 24166780780000). DISTRICT 6 - BEACH This modification is to eliminate the amusement park land areafrom the site, reducing the parkfrom 52.598 acres to 46.013 acres. AND, ORDINANCE UPON APPLICATION OF 0 B F P, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-I2 APARTMENT DISTRICT AND R-IO RESIDENTIAL DISTRICT TO CONDITIONAL I-I Z03041183 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA Ordinance upon Application of 0 B F P, Inc. for a Chanf!e of Zoninf! District Classification from A-I2 Apartment District and R-IO Residential District to Conditional I-I Light Industrial District on property located at 700 South Birdneck Road (GPIN 24166780780000). The Comprehensive Plan identifies this site as being within the Primary Residential Area. DISTRICT 6 - BEACH The following condition shall be required: I. Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. April 27, 2004 - 39- Item V-L.5.aIb/ PLANNING ITEM # 52526 (Continued) These Ordinances shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-seventh of April, Two Thousand Four Voting: 11-0 (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. Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Re Item L.5alb., Council Lady Wilson DISCLOSED pursuant to Conflict of Interests Act J 2.2-3115 (H) relative 0 B F P, Inc. 's application. Her husband is a principal in the accounting firm of Goodman and Company and that company provides services to 0 B F P, Inc. (Ocean Breeze Fun Park, Inc.) and E.S.G.. Enterprises, 1nc., which has a parent-subsidiary or affiliated business entity relationship with 0 B F P, Inc. Her husband does not personally provide services to 0 B F P, Inc. or E.s. G. Enterprises, Inc. The City Attorney has advised that although she has a personal interest in the transaction, because her husband does not personally provide service to O. B. F. P., Inc. or E. S. G. Enterprises, Inc., she may participate without restriction in City Council's discussion and vote. April 27, 2004 FORM NO. P.$. 1 S City of VirgirLia Bea.ch INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-5879 DATE: March 26,2004 FROM: Leslie L. Lilley William M, Macali rA\ DEPT: City Attorney TO: DEPT: City Attorney RE: Conditional Zoning Application o B F P,Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on April 13, 2004. I have reviewed the subject proffer agreement, dated January 2, 2004, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. WMM Enclosure Prepared by: Jay F. Wilks, Esquire Wilks & Alper, P.C. 700 Town Point Center 150 Boush Street Norfolk, VA 23510-1637 PROFFER AGREEMENT THIS AGREEMENT, made as of this 2nd day of January, 2004, by and between 0 B F p, Inc" a Virginia corporation, GRANTOR, hereinafter referred to as GRANTOR; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as GRANTEE. WITNESSETH: WHEREAS, GRANTOR is the owner of a certain parcel of property located in the Beach District of the City of Virginia Beach, containing approximately 6.945 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference, hereinafter referred to as the "Property"; and WHEREAS, the GRANTOR has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the GRANTEE so as to change the Zoning Classification of the Property from A-12 Apartment District to 1-1 Industrial District; and WHEREAS, the GRANTEE'S policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the GRANTOR acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property, and at the same time to recognize the effects of change that will be created by the GRANTOR'S proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the GRANTOR'S rezoning application gives rise; and WHEREAS, the GRANTOR has voluntarily proffered, in writing, in advance of and prior to the public hearing before the GRANTEE, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. GPIN No. 24166780780000 1 NOW, THEREFORE, the GRANTOR, its successors and assigns, and other successors in title or interest, voluntarily and without any requirement by or exaction from the GRANTEE or its governing body and without any element of compulsion or auid Q!Q auo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property. which shall be binding upon the Property and upon all parties and persons claiming under or through the GRANTOR, its successors and assigns, and other successors in interest or title: 1, Landscaping shall be installed in a thirty foot (30') strip along the Property's entire Birdneck Road street frontage. 2. All freestanding signs shall be brick monument style signs. No neon lighting visible from Birdneck Road or the proposed private roadways within the project shall be permitted on the Property. 3. The buildings constructed on each of the proposed lots shall have either brick, split-face block, or Dryvit as the exterior surface of the front, with the remainder of the building of the same material or, painted block or metal. All exterior surfaces shall have an earth tone color. 4. Specific business uses that will not be allowed on the Property are anything that would involve automotive repair and/or service, car wash facilities, heavy equipment sales and service, personal watercraft rentals, or any other type of industrial use that involves the use or storage of hazardous chemical or materials that could possibly cause damage to Owls Creek and it tributaries due to accidental runoff or contamination. 5. All drainage improvements shall be designed to minimize runoff into Owls Creek or its tributaries through the use of on-site stormwater retention ponds and grassed swales. Rip rap shall be used at all outfalls. 6. Trees shall be preserved on the Property where possible. A tree protection plan and planting plan shall be submitted to the Planning Director, or his designee, for review before any clearing or development activity takes place. 7. All lighting should be low level and directed toward the interior of the Property. 8. During the detailed site plan review conducted by Grantee, Grantor shall cause a Traffic Impact Study of the impact of the development of the Property on Birdneck Road to be made, and, prior to the issuance of the first certificate of occupancy for users of the Property, Grantor shall substantially complete, or post a bond for the completion of, any required improvements on Birdneck Road at the entrance to the Property as provided for in the Traffic Impact Study. 9. Further conditions may be required by the GRANTEE during detailed Site Plan review and administration of applicabie City Codes by all cognizant City agencies and departments to meet all applicable city Code requirements. 2 All references hereinabove to A-12 and 1-1 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the GRANTOR and allowed and accepted by the GRANTEE as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until spepifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the GRANTEE in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the GRANTEE, after a public hearing before the GRANTEE which was advertised pursuant to the provisions of Section 15.2- 2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The GRANTOR covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach. Virginia, to administer and enforce the foregoing conditfons and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the GRANTOR shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for pubic inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the GRANTOR and the GRANTEE. 3 WITNESS the following signature and seal: GRANTOR: o B F P, INC., a Virginia corporation ~~~/~ Michael F. Gelardi Vice President , ~....~ (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 2nd day of January. 2004, by Michael F. Gelardi, Vice President of 0 B F P, Inc., a Virginia corporation, on behalf of said corporation. (\ o-e-Q- M. ('~ , Notary Public My Commission Expires: 11.31.0", Z:\OBFP ,INC\Proffers2.doc 4 EXHIBIT "A" BEGINNING AT A POINT on the southeast corner of Parcel 3 at its intersection with the northerly right of way line of South Birdneck Road and the northwest corner of Parcel 2 as shown on plat entitled "RESUBDIVISION OF OCEAN BREEZE FESTIVAL PARK (M.B. 105, PG. 44) (M.B. 189, PG. 31) (D.B. 2803, PG. 205) VIRGINIA BEACH, VIRGINIA" dated January 27,2000 and recorded in the Clerks Office of the Circuit Court of Virginia Beach, Virginia in Map Book 284, page 7. HAVING THUS ESTABLISHED THE POINT OF BEGINNING; thence along the northerly right of way line of South Birdneck road the following courses and distances North 34"49'54'West a distance of 357.74' to a point; thence with a curve along a curve to the right with an arc length of 275.00', with a radius of 1098.00', with a chord bearing of North 27'39'23"West , with a chord length of 274.28', thence leaving the northerly right of way line of South Birdneck road North 82"05'36"East a distance of 703.63' to a point; thence South 07"53'40'East a distance of 51.39' to a point; thence South 02"22'25"East a distance of 275.83' to a point; thence South 03"32'27"West a distance of 176.54' to a point; thence South 88"31'46"West a distance of 71.98' to a point; thence with a curve along a curve to the left with an arc length of 60.43', with a radius of 148.17', with a chord bearing of South 78"47'55"West . with a chord length of 60.01', thence South 64"10'16"West a distance of 268.93' to a point; which is THE POINT OF BEGINNING. The above described parcel contains 6.945 acres Item V-M.J. - 40- APPOINTMENTS ITEM # 52527 BY CONSENSUS, City Council RESCHEDULED the following APPOINT MENTS: BOARD OF BUILDING CODE APPEALS - (a)PlumbinglMechanical (b)Building Maintance HEALTH SERVICES ADVISORY BOARD OPEN SPACE COMMITTEE PUBLIC LIBRARY BOARD Amend Virginia Beach Code Section J7-3 Change Membership to reflect two (2) Students Add a Representative of the Schools to the membership TOWING ADVISORY BOARD April 27, 2004 - 41- Item V-Po ADJOURNMENT ITEM # 52528 Mayor Meyera E. OberndorfDECLARED the City Council Meeting ADJOURNED at 6:52 P.M. Q~____~ut~~L~_ Beverly O. Hooks, CMC Chief Deputy City Clerk ~-~ Ruth Hodges Smith, MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia April2?,2004