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Home My WebLink AboutMAY 3, 2005 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DIEZEL Kempsville - District 2 ROBERT M. DYER, Centerville - District I REBA S. McCLANAN, Rose Hall - District 3 RICHARD A. MADDOX, Beach - District 6 JIM REEVE, Princess Anne - District 7 PETER W SCHMIDT, At-Large RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES SMITH, MMC CITY COUNCIL AGENDA 03 May 2005 I. BUDGET WORKSHOP - Conference Room - A. RECONCILIA nON - Resource Management Plan II. COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA ITEMS v. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. . ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CITY HALL BUILDiNG 240i COURTHOUSE DRiVE VIRGiNiA BEACH, ViRGINIA 23456-8005 PHONE:(757) 427-4303 FAX (757) 426-5669 E-MAIL: Ctycncl@vbgov.com 1:00 PM VI. FORMAL SESSION - Council Chamber - 6:00PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Father Sa1 Anonuevo Pastor, St. Luke's Catholic Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. 2. SPECIAL SESSION INFORMAL AND FORMAL SESSIONS April 19, 2005 April 26, 2005 G. AGENDA FOR FORMAL SESSION H. PRESENTATION VIRGINIA BEACH RESCUE SQUAD FOUNDATION - (loan payoff) Peter Agelasto, President Jay Leach, Past Captain I. PUBLIC HEARINGS 1. JOINT LAND USE STUDY 2. REAL and PERSONAL PROPERTY TAX Proposed Exemptions J. CONSENT AGENDA K. ORDINANCES 1. Ordinances to EXEMPT, in accordance with g58.1-3651 of the Virginia Code, the following organizations from local Real and Personal Property taxation: a. American Lebanese Syrian Associated Charities, Inc. b. Citizen's Committee for Fairness, Honesty and Justice, Inc. c. Enhanced Classroom Resources d. Friends of the Library, Virginia Beach, Inc. e. Greater Atlantic Rescue Dogs, Inc. 2. Ordinance to ESTABLISH the Virginia Beach Advertising Agency Selection Committee. 3. Ordinance to AUTHORIZE a temporary encroachment for BRIAN JONES into a portion ofthe right-of way at 2409 Broad Bay Road to construct and maintain a boatlift, existing piles, pier and rip rap on Island Lake. 4. Ordinances to ACCEPT and APPROPRIATE: a. $25,000 from the Virginia Beach Foundation to the Department of Parks and Recreation FY- 2004 Operating Budget re construction of a climbing wall at Seatack Recreation Center. b. $150,000 from the U.S. Department ofthe Interior, "Save America's Treasures" Grant (SAT) re Adam Thoroughgood House exterior moisture damage repair and AUTHORIZE execution of a Perpetual Preservation Easement. 5. Ordinance to TRANSFER $108,000 from the General Fund Reserve for Contingencies to the FY 2004-05 City Treasurer's operating budget re additional funding for postage. L. APPOINTMENTS COMMUNITY POLICY AND MANAGEMENT TEAM - CSA AT RISK COMMUNITY SERVICES BOARD FRANCIS LAND HOUSE BOARD OF GOVERNORS INVESTMENT PARTNERSHIP ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL OPEN SPACE SUBCOMMITTEE P ARKS AND RECREATION COMMISSION PERFORMING ARTS THEATRE ADVISORY COMMITTEE PERSONNEL BOARD SHORE DRIVE COMMITTEE TOWING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ********************************** PUBLIC COMMENTS Non-Agenda Items ********************************** ** * * * * * * * * 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) *********** EVENT 2005-2006 RESOURCE MANAGEMENT PLAN SCHEDULE TOPIC LOCATION Reconciliation Workshop Adoption of FY 2005-2006 Resource Management Plan City Council Vote on Resource Management Plan Council Conference Room Council Chamber May 10, 2005 6:00 PM DATE May 3, 2005 Agenda/3/31/05\gw www.vbgov.com I I MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 3 May 2005 Mayor Meyera E, Oberndorf called to order the RESOURCE MANAGEMENT PLAN (BUDGET) RECONCILIATION WORKSHOP in the Council Conference Room, City Hall, on Tuesday, May 3, 2005, at 1:00 P.M, Council Members Present: Harry E, Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Peter W Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Absent: Jim Reeve [Entered: 1:30 P.M.] - 2- BUDGET WORKSHOP RECONCILIATION - RESOURCE MANAGEMENT PLAN ITEM # 53867 1:00 P.M. Vice Mayor Jones advised the City Council has expressed a deep desire to deal with the extra burden the real estate assessments have placed upon the taxpayers of the City of Virginia Beach. At the same time, City Council wishes to be responsible in terms of core services and the needs of the citizens of Virginia Beach. The Vice Mayor has spoken with each City Council Member. The Vice Mayor distributed a Reconciliation Memorandum which had been signed by the Mayor and Member of City Council: "May 3, 2005 James K. Spore City Manager City of Virginia Beach 2401 Courthouse Drive Virginia Beach, Virginia 23456 Subject: Reconciliation of the FY 2005 - 2006 through FY 2006 - 2007 Resource Management Plan Dear Mr. Spore: As a result of consultation and input from members of City Council and in response to increases in tax assessment that have placed additional tax burden on Virginia Beach residents, we, the undersigned, request that the attached reductions and additions be included in the final ordinances for Council adoption on May 1 (Jh. The real estate tax rate will decrease from the current $1,1964 to $1 .0239, and the City's portion of the budget will decrease by $11,478,365. In addition, we request that you notifY the School Board to reduce the School's budget by an additional $13,011,426, based on the City/School Revenue Sharing Formula. Sincerely, Mayor Meyera E. Oberndorf Harry E, Diezel Reba S. McClanan Jim Reeve Ron A. Villanueva James L. Wood" Vice Mayor Louis R, Jones Robert M. Dyer Richard A. Maddox Peter W. Schmidt Rosemary Wilson May 3, 2005 - 3 - BUDGET WORKSHOP RECONCILIATION - RESOURCE MANAGEMENT PLAN ITEM # 53867 (Continued) RECONCILIATION Department and Capital Project Impact Year One FY 2005-06 Penny FY 2005-06 Appropriations Equivalency: Cumulative Amount 1if =$1,751,619 Penny Equivalency 9'h and 10'" Street Improvements - Funding dependent on Marriott $ 2,257,000 $ 1.2885 $ 1.2885 9-067 proposal Rudee Loop Parking Currently funded out of TGIF. $ 550,000 $ 0.3140 $ 1.6025 Will need to find a project that can use the TGIF funding. Funding dependent on Marriott proposal Parks and Recreation, Stumpy Lake Impacts of eliminating the $ 350,000 $ 0.1998 $ 1.8023 Golf Course infrastructure Stumpy lake project include not Improvements 4-051 widening the access road or providing City water and sewer to the site Parks and Recreation, Parks and Impact of eliminating the project $ 2,221,548 1.2683. $ 3.0706 Recreation Administrative Offices will result in continued poor Relocation 4-045 working conditions for Parks and Recreation staff Police Officers Seven (7) additional officers $ 557,233 $ 0.3181 $ 3.3887 would not be included in the budget Beach Maintenance Facility 3-418 Existing site on 14'" Street and $ 1,741,000 $ 0.9939 $ 4.3827 Parks Avenue, which is too small and in poor condition, will be delayed Police helicopter replacement 3-227 $1,000,000 of the $2,900,000 is $ 1,900,000 $ 1.0847 $ 5.4674 related to DEAfunds Fire and Rescue Station - Thalia 3-021 The replacement of the existing $ 3,174.160 $ 1.8121 $ 7.2795 station, based on land transfer of an existing city site, would require no site acquisition costs, but would require advancing CIP #2-208 Constitution Drive Extended, from year 5 to year 2 of the proposed CIP ($1,658,000) with an ultimate project cost of $12,016,707 Total Reduction to RMP $ 12,750,941 $ 7.2795 Clerk of Court Add: 4 court-room clerks $ 92,747 $ 0.0529 $ 0.0529 Commissioner of Revenue Office Renovation $ 390,000 $ 0.2227 $ 0.2756 CIP 2-200 Shore Drive Demonstration Provide design funding only for $ 575,000 $ 0.3283 $ 0.6039 Project - Phase II and III Phase II and III 4-033 Municipal Skate Parks Provides for an action skate $ 208,000 $ 0.1187 $ 0.7226 park. Funding redirected from 4-045 Parks and Recreation Administrative Office Relocation May 3, 2005 -4- BUDGET WORKSHOP RECONCILIATION - RESOURCE MANAGEMENT PLAN ITEM # 53867 (Continued) RECONCILIA TION Department and Capital Project Impact Year One FY 2005-06 Penny FY 2005-06 Appropriations Equivalency: Cumulative Amount 1if =$1,751,619 Penny Equivalency Non-departmental Southeast 4-H Educational $ 6,829 $ 0.0039 $ 0.7265 Center Total addition to the RMP $ 1,272,576 $ 0.7265 Total Change to the RMP $ 11,478,365 $ 6.5530 Notes: Schools would be required to reduce their budget by $13,011,426 Actual debt would not increase, but the proportion of debt funding would increase Only year 1 Capital Improvement Plan (CIP) impacts have been identified, years 2-6 reductions would be included in the FY 2006-07 CIP process With the 10. 7 cents previously identifiedfor rate reductions, the real estate rate would drop to $1.0239. Councilman Wood referenced the Police helicopter replacement 3-227($1,000,000 of the $2,900,000 is related to DEA funds). Discussion is underway re utilizing the fund balance at the end of the year if a replacement is necessary before the expenditure of several hundred thousand dollars in maintenance costs or the grounding of an existing helicopter. Councilman Wood also referenced the Requested but not Funded: CIP 3.299 Sheriff's Work Force Work Release Facility Relocation. The Sheriffhas indicated the availability of $ 600, 000 in an Inmate Account which can be utilizedfor this relocation. Councilman Wood also referenced the CIP 2.857 6-lane divided highway: Shore Drive from Norfolk to Great Neck Road (Requested but not Funded). Councilman Wood requested this item be completely deleted from the Operating Budget, This is important to the residents of Shore Drive, Council Members Diezel and Wood will also work on the plan for public safety compensation. The plans proposed have depicted three (3) different sets of costs, ranging from $8-MILLION to $23-MILLION A plan shall be available by late December or early January to provide specific information on costs and the impact to 7,000 city employees. A Resolution concerning the formation of a Plan for public safety compensation shall be scheduled for a City Council Session. Catheryn Whitesell, Director- Management Services, recommended the Work Release Facility Relocation has its own funding source and should be handled as a separate ordinance scheduled for a future City Council Session. This would entail the preliminary design and there are some issues re the site, Council Lady Wilson inquired relative funding received by the Virginia Beach Schools from the State. Several years ago the City Council had putforward a goalfor the Fire Department to have four (4) men on a truck. Council Lady Wilson inquired re the cost often (JO) additional firefighters. David Bradley advised the State Budget is increasing $19, 7-MILLION which also encompasses grants, Therefore, even with the City's $1 O-MILLION reduction, Schools will be receiving close to $30-MILLION in new funding, Relative additional firefighters, Ms, Whitesell advised the cost would be approximately $620,000 (354% of a penny). Councilman Diezel wished to place this item in the second year of the Biennium Operating Budget. There are fourteen (I4) new positions being placed in the Fire Department. Council Members Schmidt, Wilson and Reeve wished a Referendum be scheduled in November re open space. Councilman Reeve believes this should encompass 2~ additional tax for open space, (1 1/2~ for acquisition of land , l/2~ for the construction of new bike and trail ways). Councilman Reeve requested this Referendum also contain 5~ for local transportation. Councilman Reeve would like to pursue a pay-as- you-go plan for the 5~. May 3, 2005 -5- BUDGET WORKSHOP RECONCILIATION - RESOURCE MANAGEMENT PLAN ITEM # 53867 (Continued) Council Lady McClanan expressed concerned re the debt, Council Lady McClanan does not support raising the debt limits per capita. Council Lady McClanan distributed a spread sheet requesting information relative the past bonds which have been paid relative the different Referenda and how many remain to be paid. .These Referenda did not mention when the bonds were paid, the tax was dropped. Council Lady McClanan wished discussion relative these additionalfunds. Council Lady McClanan received information relative the Abstract of Votes concerning the Referenda and was informed the information requested would involve an extraordinary amount of time. Council Lady McClanan listed the various topics contained within the Spreadsheet: List of the specific projects to be funded as identified in referendum justification Real Estate Tax Rate increase identified in Referendum First Year Bonds Issued Amount of Bonds Issued in First Year of Issuance Last Year Bonds Issued Amount of Bonds Issued in Last Year of Issuance Total Amount of Bonds Issued Total Principal Repaid to Date Total Interest paid to Debt Total Principal and Interest Paid to Date Principal budgeted to be paid in current Operating Budget Interest budgeted to be paid in this Operating Budget Amount of Principal Outstanding at the end of the current Operating Budget Established Debt Service for Next Year's Operating Budget Established Operating Costfor New Year's Operating Budget Ms, Whitesell advised the reality is all of the funds are still being obligated to the items for which the Referenda was approved. There was never a sunset provision, Some of the bonds are starting to payoff and the funds are switching over to maintenance and other capital needs. The major referendums i.e. Schools have been replaced by the City/School Revenue Sharing Formula. Therefore, some of this accounting is very detailed and will require a large amount of staff time to produce. Ms. Whitesell advised she and Patricia Phillips, Director of Finance, will confer with Council Lady McClanan. Council Lady McClanan advised in addition to the financial portion, discussions should ensue i.e. open space and the mission be clearly defined before a Referendum. Not all lands are suitable for open space purchase. May 3, 2005 - 6- BUDGET WORKSHOP RECONCILIATION - RESOURCE MANAGEMENT PLAN ITEM # 53867 (Continued) Thorough re-analysis relative the City's debt prospective should be provided. The City Manager advised the debt indicators could be separated from the Operating Budget and adopted as a separate City Council Policy. History of Debt Per Capita Original guideline of$1,300 per capita approved in 1992 Revised in 1998 to $1,500 per capita Addition of Major Projects in FY 2002-07 Capital Improvement Program projected debt per capita to peak at over $2,200 in 2008 Councilman Villanueva advised working with Council Members Diezel and Dyer relative restoration of roads in the older neighborhoods. As this is not funded, within the next year, there will be more debate re allocation offunds. The proposed real estate tax rate decrease from the current $1.1964 to $1 ,0239 is indicative of the City Council's compassion. Councilman Schmidt inquired if an individual City Council Member can chose to vote for the budget but indicate "NAY" on a specific item. The City Attorney advised a vote is cast "Aye" or "Nay" on the overall Resource Management Plan and then the Council Member may indicate verbally their disagreement with certain items. If there is a majority in opposition to a particular item, then this item should be separated from the FY 2005 - 2006 through FY 2006 - 2007 Resource Management Plan. Council Members McClanan and Schmidt cannot support the Bus Rapid Transit (BRT). Council Lady Wilson believes the BRT is a great idea, but was concerned how this large bus can "fit" on Atlantic Avenue as it must make wide turns. Councilman Maddox advised the Public Works staff spent the entire day test driving this bus at the Resort, Councilman Wood was supportive of BRT primarily because of the future in terms of alleviating congestion, particularly on 1-264 and Virginia Beach Boulevard. Councilman Wood advised this involves the largest single transit appropriation in the State and the enormous potential for additional federal funding. Councilman Reeve was supportive. Councilman Dyer expressed concern as the City is not designed for an overall bus system. Councilman Maddox advised for the last 2 If2-years he has worked to advance this project, from flying all over the United States to provide numerous presentations to City Council. City Council on January 25, 2005, ADOPTED a Resolution supporting the Governor's prioritization offunding re the BUS RAPID TRANSIT (BRT) and REQUESTED the support of the City's General Assembly Delegation for funding of such a system, (Vote 9-2) Councilman Maddox went to the State and received the highest single appropriation in history for this transit. The BRr's are smaller than the vehicles (charter buses) currently on Atlantic Avenue at the present time. Mayor Oberndorf advised she was very impressed with a bus (similar to the second BRT Councilman Maddox displayed) she was shown in Charlotte, North Carolina, Seattle, Washington, years ago, placed their emphasis on bus transit and gave residents incentives not to drive their cars but to utilize the buses. Seattle is now using the hybrid bus to save re the escalating cost of gasoline. These buses were running on an elevated interstate. Mayor Oberndorf advised many from other cities have adopted Virginia Beach by buying homes but have never owned a car. They are happy to ride a bus. Transportation issues need to be addressed. Councilman Reeve referenced Parks and Recreation Administrative Offices Relocation 4-045 and wished this discussed within the coming year re providing better office space. The City Manager shall provide information re the overall space requirements for the City, May 3, 2005 - 7- AGENDA RE VIE W SESSION 2:20 P.M. ITEM # 53868 Resolution expressing Council's opposition to consolidation of Virginia Beach Middle School and Kemps Landing Magnet School at the current site of the Virginia Beach Middle School. Councilman Maddox distributed a proposed Resolution to be ADDED to the Agenda. Council Lady Wilson expressed concern re lines 73 and 74. Thefollowing verbiage shall be added: "" and also declares that it will not make City-owned property available for use in the project or approve anv street closures necessarv for the project; and " Vice Mayor Jones and Councilman Maddox served on the School Site Selection Committee. The consolidation of the schools was a major issue. Vice Mayor Jones advised all who registered for the Public Hearings were opposed to the combination of the two (2) schools, Virginia Beach Middle School and Kemps Landing Magnet School. ITEM # 53869 K1. Ordinances to EXEMPT, in accordance with 958.1- 3651 of the Virginia Code, thefollowingorganizations from local Real and Personal Property taxation: a. American Lebanese Syrian Associated Charities, Inc. b. Citizen's Committee for Fairness, Honesty and Justice, Inc. c. Enhanced Classroom Resources d. Friends of the Library, Virginia Beach, Inc. e. Greater Atlantic Rescue Dogs, Inc. The City Attorney advised these applications do not qualify under the City Council Policy regarding applications for tax exemption by designation, None of the organizations owns real estate in the City. Exemptions granted by City Council must extend only to thos who pay personal property taxes. Mayor Oberndorf, Council Members Dyer, Diezel, Jones, McClanan, Reeve, Villanueva and Wood will not vote for those exemptions. ITEM # 53870 BY CONSENSUS, thefollowingshall compose the CONSENT AGENDA: ORDINANCES K2. Ordinance to ESTABLISH the Virginia Beach Advertising Agency Selection Committee, K3. Ordinance to A UTHORIZE a temporary encroachment for BRIAN JONES into a portion of the right-ofway at 2409 Broad Bay Road to construct and maintain a boatlift, existingpiles, pier and rip rap on Island Lake May 3, 2005 -8- AGENDA RE VIE W SESSION ITEM # 53870 (Continued) K.4. Ordinances to ACCEPT and APPROPRIATE: a. $25,000 from the Virginia Beach Foundation to the Department of Parks and Recreation FY-2004 Operating Budget re construction of a climbing wall at Seatack Recreation Center. b. $150,000 from the U. S. Department of the Interior, "Save America's Treasures" Grant (SAT) re Adam Thoroughgood House exterior moisture damage repair and A UTHORIZE execution of a Perpetual Preservation Easement. K.5. Ordinance to TRANSFER $108,000 from the General Fund Reserve for Contingencies to the FY 2004-05 City Treasurer's operating budget re additional funding for postage. May 3, 2005 -9- CITY COUNCIL LIAISON REPORTS/CITY COUNCIL COMMENTS 2:28 P.M. ITEM # 53871 Council Members Wood and Schmidt, Liaisons to the Virginia Beach Performing Arts Center, distributed their written report (which is hereby made a part of the record), Councilman Wood clarified May 12,2005, is the actual groundbreaking of the Theatre. ITEM # 53872 Councilman Dyer expressed appreciation to the Clean Community Commission and their spectacular Birthday Celebration, Sunday, May 1,2005. ITEM # 53873 Council Lady Wilson expressed appreciation to the Virginia Beach Rescue Squad. Council Lady Wilson's mother was critically ill and the Rescue Squad arrived "in a flash" with a Zone Car, as well as the ambulance. The Rescue Squad is unselfishly dedicated. ITEM # 53874 Councilman Reeve advised he was invited and spoke last week to the Board of Directors of CCAJN (Concerned Citizens Against Jet Noise). The discussion was spirited and very productive. Councilman Reeve reviewed the current proposed Joint Land Use Study, noting this is a "beginning, not an ending point ". ITEM # 53875 Mayor Oberndorf advised the BRAC (Base Realignment and Closure) list is being issued May 16, 2005, Mayor Oberndorf advised Florida has expended $1 1f2-BILLION making their State "Navy Friendly". Pensacola hired Retired Admiral Robert Natter as their Liaison for $50,000 a month. May 3, 2005 - 10- ITEM # 53876 Mayor Meyera E, Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2,l-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 public officers, appointees or employees pursuant to Section 2.2-3711 (A) (1), To Wit: Appointments: Boards and Commissions: Advertising Selection Committee Chesapeake Bay Preservation Board Community Policy and Management Team - CSA At Risk Community Services Board Francis Land House Board of Governors Health Services Advisory Board Investment Partnership Advisory Committee - PPEA Minority Business Council Open Space Committee Parks and Recreation Commission Personnel Board Shore Drive Advisory Committee Social Services Board Towing Advisory Board Upon motion by Councilman Wood, seconded by Councilman Maddox, City Council voted to proceed into CLOSED SESSION (2:42 P.M.). Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva (Break: 2:47 - 3:00 P.M.) (Closed Session: 3:00 P.M. - 4:00 P.M.) (Dinner: 5:00 P.M. - 5:50 P.M.) May 3, 2005 -11 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL May 3, 2005 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, May 3, 2005, at 6:00 PM, Council Members Present: Harry E. Diezel, Robert M Dyer, 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 Sal Anonuevo Pastor, St. Luke's Catholic Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accountingfirm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure, Council Lady Wilson'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 in numerous matters in which she is not personally involved and ofwhich she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council, Council Lady Wilson regularly makes ths disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. May 3, 2005 -12 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 53877 Upon motion by Councilman Dyer, seconded by Councilman Reeve, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council, Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, 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 May 3, 2005 RESOLUTIO,N 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 # 53876, page 10, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3711(A) of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. ~~~ uthHodges Smith, MMC City Clerk May 3, 2005 -13 - Item V-F.J. MINUTES ITEM #53878 Upon motion by Councilman Dyer, seconded by Councilman Schmidt, City Council APPROVED the Minutes of the SPECIAL FORMAL SESSIONS of April 19, 2005 and April 21, 2005. Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, 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 May 3, 2005 -14 - Item V-F.2. MINUTES ITEM #53879 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of April 26, 2005. Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, 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 ABSTAINED as she had to leave the April 26, 2005, Meeting. Her mother was critically ill and in Sentara Leigh Memorial Hospital May 3, 2005 - 15 - Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM #53880 City Council ADOPTED: AGENDA FOR THE FORMAL SESSION ADDED to the Agenda: Resolution expressing Council's opposition to consolidation of Virginia Beach Middle School and Kemps Landing Magnet School at the current site of the Virginia Beach Middle School May 3, 2005 - 16- Item V-H. PRESENTATION ITEM #53881 Mayor Oberndorfintroduced Peter Agelasto, President - Virginia Beach Rescue Squad Foundation and Jay Leach, Past Captain Mr, Agelasto advised in 1952, we had a dream for an independent Volunteer Rescue Squad. There was a dream in 1990 for a new station on 17th Street (almost 20,000 square feet) and this also happened. None would have occurred without a beautiful partnership between the City's leadership, the citizens and the Volunteers of Virginia Beach. The Rescue Squad promised repayment to the City for its support in building the 17h Street facility. A loan on the squad trucks is also being paid early, Another dream is to extend the Rescue Squad's abilities in the First Colonial/Alanton/BayclifJ area, thus providing even better service, A plan will be presented for the expansion of another facility. Mr. Agelasto advised the current Captain of the Rescue Squad, Rick Flack, is presently serving his country. Mr, Leach, on behalf of Captain Rick Flack and the other proud members of the Virginia Beach Rescue Squad and Foundation presented a check in the amount of $330,000, to reimburse the City on two (2) interest-free loans. $80,000 to reimburse the balance of a of $200,000 loan for a heavy squad truck and $250,000 to reimburse the balance of a $1,250,000 loan to construct the headquarters for EMS at Virginia Beach Boulevard. Council Lady Wilson expressed appreciation to Virginia Beach Rescue Squad No. 14 who expediently arrived at her house approximately 1 and 12 weeks ago, Her mother was critically ill and after barely hanging up the telephone, the sirens were heard. The squad consisted of a zone car and an ambulance. They took very good care of her mother, who wanted to convey her love and appreciation. Mayor Oberndorf expressed appreciation for their unselfish dedication and commitment May 3, 2005 - 17- Item V-H.I. PUBIC HEARING ITEM #53882 Mayor Oberndorf DECLARED A PUBLIC HEARING: JOINT LAND USE STUDY The following registered to speak: Hal Levenson, 2004 Brickell Court, Phone: 496-0745, Board of Directors - CCAJN (Concerned Citizens Against Jet Noise) and advised the JLUS Plan is unnecessary complicated. The Plan does not fully conform or responsibly accommodate the Department of Defense's Directive. Charles Brockett, 4515 Miarfield Arc, Chesapeake, Virginia 23321, Phone: 686-9532, owns 60 acres in the Transition Area. The land has been in his family over 100 years. The taxes have increased Mr. Brockett was opposed to the JLUS and the ratio of building homes in the Transition area. Harry Potter, 3592 Indian River Road, (941) 755-4357, spoke in opposition and referenced page 321 of the Joint Land Use Study (JLUS), The Transition area is going to be limited. The only good news is the Agricultural Preservation Program has been extended to this area. Bill Lee, 3521 Indian River Road, Phone: 427-6404, spoke in opposition to the JLUS. Mr. Lee referenced the 1999 and 2000 AICUZ Maps, The 2000 AICUZ map places his property in a zero noise zone, If the property is developed, the 1999 AICUZ Map must be utilized, which according to the Transition Area guidelines, limits development of his property to one unit per acre. Al Brenneman, 3365 North Land Road, Phone: 430-1955, represented the Brenneman Family Limited Partnership and spoke in opposition to the JLUS, which devaluates their property. Their dairy farm on Salem Road was the last dairy farm in the City. Paul E. Thompson, 2709 Salem Road, Phone: 427-2080, represented the North Landing Road Landowners Association and spoke in opposition to the JLUS. Mr Thompson resides 3-Y2 miles from the Fentress Runway and 5-Y2 miles from the Oceana runway. His property is still listed in the 75 plus noise zone, There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING May 3, 2005 - 18- Item V-H,2. PUBIC HEARING ITEM #53883 Mayor Oberndorf DECLARED A PUBLIC HEARING: REAL AND PERSONAL PROPERTY TAX Proposed Exemptions There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING May 3, 2005 ------.--~-l - 19- Item V-LJ. ADD;"ON ITEM #53884 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADDED to the Consent Agenda as Item 6: Resolution expressing Council's opposition to consolidation of Virginia Beach Middle School and Kemps Landing Magnet School at the current site of the Virginia Beach Middle School Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, 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 May 3, 2005 - 20- Item V-K ORDINANCES ITEM # 53885 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council APPROVED IN ONE MOTION Items 1 (DENIED), 2, 3, 4, 5 and 6 (ADDED) of the CONSENT AGENDA. Item K1 was DENIED, BY CONSENT Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, 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 May 3, 2005 - 21 - Item V-K.J.a/b/c/d/e ORDINANCES ITEM # 53886 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council DENIED: Ordinances to EXEMPT, in accordance with 958.1-3651 of the Virginia Code, the following organizations from local real and personal property taxation: a. American Lebanese Syrian Associated Charities, Inc. b, Citizen's Committee for Fairness, Honesty and Justice, Inc, c, Enhanced Classroom Resources d. Friends of the Library, Virginia Beach, Inc. e. Greater Atlantic Rescue Dogs, Inc Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, 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 May 3, 2005 - 22- Item V-K.2. ORDINANCES ITEM # 53887 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to ESTABLISH the Virginia Beach Advertising Agency Selection Committee, Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E, Diezel, Robert M Dyer, 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 May 3, 2005 1 2 3 AN ORDINANCE TO ESTABLISH THE VIRGINIA BEACH ADVERTISING AGENCY SELECTION COMMITTEE 4 WHEREAS, the City's existing contract for advertising and 5 public relations services, and all renewals thereof, will expire on 6 December 31, 2005; 7 WHEREAS, by ordinance adopted June 13, 2000, City Council 8 established an Advertising Agency Selection Committee and appointed 9 representatives of the City and the private sector to examine and 10 evaluate proposals received in response to the City's Request for 11 Proposals for advertising and public relations services; 12 WHEREAS, pursuant to that ordinance, the Committee dissolved 13 automatically when the City awarded a contact for such services; 14 WHEREAS, in the next several months, City staff will be 15 drafting another Request for Proposals to solicit proposals from 16 qualified agencies interested in providing advertising and public 17 relations services to the City beginning January 1, 2006; and 18 WHEREAS, the Convention and Visitors Bureau has recommended 19 that City Council establish a new Advertising Agency Selection 20 Committee, comprised of designated City and private sector 21 representatives, for the purpose of reviewing and approving the RFP 22 prepared by staff, reviewing and evaluating proposals received in 23 response to the RFP, and selecting and recommending to City Council 24 an agency to provide advertising and public relations services to 25 the Ci t Y . 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 1. That City Council hereby establishes the Virginia Beach Advertising Agency Selection Committee; 2. That the Committee shall be comprised of the following representative members: a. A representative of the Virginia Beach Hotel and Motel Association; b. A representative of the Virginia Beach Restaurant Association; representative Resort Retailers of the A c. Association; d. An employee of the Convention and Visitors Bureau; e. An employee of the Virginia Aquarium and Marine Science Center; f. A representative of the Marketing Committee of the Virginia Aquarium Foundation Board; and g. A representative of the Resort Advisory Commision. 3. That the purpose of the Committee shall be to review and approve the RFP for advertising and public relations services prepared by City staff, to review and evaluate proposals received in response to the RFP, and to select and recommend to City Council an agency to provide advertising and public relations services to the City beginning January 1, 2006; and 4. That the Committee shall automatically dissolve upon the City's award of a new contract for the provision of advertising and public relations services to the City. Adopted by the Council of the City of Virginia Beach, Virginia on the 3rd day of MAY 2005. APPROVED AS TO CONTENT: APPROVED AS SUFFICIENCY: TO LEGAL ~tlMvJ) (:,. ~ C ventlon & Visitors Bureau Z~~ City Attorney s Offlce CA9599 H:\P&A\GG\Ord & Res\Virginia Beach Ad Agency ORD.DOC R-2 April 25, 2005 - 23- Item V-K.3. ORDINANCES ITEM # 53888 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to AUTHORIZE a temporary encroachment for BRIAN JONES into a portion of the right-ofway at 2409 Broad Bay Road to construct and maintain a boatliJt, existing piles, pier and rip rap on Island Lake The following conditions shall be required: 1. The temporary encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval. 2, The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal, 3, The applicant shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the temporary encroachment. 4. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 5. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 6. The applicant must obtain a permit from the Office of Planning Department prior to commencing any construction, May 3, 2005 Item V-.K.3. ORDINANCES - 24- ITEM # 53888 (Continued) 7. The applicant shall obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant must also carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or policies. The applicant must provide endorsements providing at least thirty (30) days I written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies, The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment, 8. The applicant must conform to minimum setback requirements, as established by the City. 9. The applicant must submit for review and approval, a survey of the encroachment area, certified by a registered professional engineer or a licensed land surveyor, and/or "as build" plans sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. 10. 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 ifsuch 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. May 3, 2005 - 25 - Item V-K.3. ORDINANCES ITEM # 53888 (Continued) Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, 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 May 3, 2005 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO 5 A PORTION OF CITY PROPERTY 6 LOCATED AT ISLAND LAKE BY BRIAN 7 JONES, HIS HEIRS, ASSIGNS AND 8 SUCCESSORS IN TITLE 9 10 WHEREAS, Brian Jones desires to construct and maintain a boatlift, existing 11 piles, pier and rip rap within the City's property located at the rear of 2409 Broad Bay 12 Road. 13 WHEREAS, City Council is authorized pursuant to ~~ 15.2-2009 and 15.2-2107, 14 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 15 City's property subject to such terms and conditions as Council may prescribe. 16 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 That pursuant to the authority and to the extent thereof contained in ~~ 15.2- 19 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Brian Jones, his heirs, 20 assigns and successors in title are authorized to construct and maintain a boatlift, 21 existing piles, pier and rip rap in the City's property as shown on the map marked 22 Exhibits "A" and "B" attached hereto and entitled: "Proposed: NEW BOATLlFT in: Canal 23 in Island Lake At: 2409 Broad Bay Road City of: VIRGINIA BEACH Applicant: B. 24 Jones," copies of which are on file in the Department of Public Works and to which 25 reference is made for a more particular description; and 26 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 27 subject to those terms, conditions and criteria contained in the Agreement between the 28 City of Virginia Beach and Brian Jones (the "Agreement"), which is attached hereto and 29 incorporated by reference; and 30 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 31 is hereby authorized to execute the Agreement; and 32 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 33 time as Brian Jones and the City Manager or his authorized designee execute the 34 Agreement. 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the 36 3rd day of Mav ,2005. 37 38 APPROVED AS TO CONTENTS ~~ ~{UR~.~1h 41 pw REd &S~ 42 DEPARTMENT 43 44 45 46 47 CI Y A 0 48 C 95801 49 PREPARED: 3/25/05X:\Projects\EncroachmentslApplicants\Jones, Brian 2409 Broad Bay Road RB Boatlift\Ordinance 50 Encroachment.Frm.doc 51 F: ICatalPITYIQrlin1NNlIElm CRDlNlCA9521 Jaas.dx: PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDA TION TAXES UNDER SECTION 58.1-811(c) (3) i THIS AGREEMENT, made this ~ day of -Afr') ,2005, by and II between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, II I! "City", and BRIAN JONES, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, I ( Ii "Grantee", even though more than one. I I I land designated and described as Lot "73", Section One, Bay Island Subdivision as shown on: ! i "SUBDIVISION OF BAY ISLAND, SECTION ONE" (Map Book 45 at pages 37 and 37 A), and WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of being further designated and described as 2409 Broad Bay Road, Virginia Beach, Virginia 23451-1711; WHEREAS, it is proposed by the Grantee to construct and maintain a boatlift, existing piles, pier and rip rap, "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 Island .. I Lake "The Encroachment Area"; and I I WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. I I GPIN: No GPIN Assigned Island Lake 1499-98-2733 _Jl_ 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 plats entitled: "Proposed: NEW BOA TUFT in: Canal in Island Lake At: 2409 Broad Bay Road City of: VIRGINIA BEACH Applicant: B. Jones," Date: 11/12/04, Datum: ML W-O.OO, prepared by Lynnhaven Dock Corporation, copies of which are attached hereto as Exhibits "A" and "B" and to which references are 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 I Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such II removal. ! ' II It is further expressly understood and agreed that the Grantee shall indemnify and II I! hold harmless the City, its agents and employees, from and against all claims, damages, losses II and expenses inclnding reasonable attorney's fees in case it shall be necessary to file or defend an I action arising out ofthe location or existence of the Temporary Encroachment. I 2 iI It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain I, , . the Temporary Encroachment so as not to become unsightly or a hazard. Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit I from the Office of Planning Department prior to II Encroachment Area. , I L I i I i commencing any construction within The 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. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. 3 i I It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The I I I Encroachment Area, the equivalent of what would be the real property tax upon the land so I i occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Brian Jones, the said Grantee has caused this I Agreement to be executed by hislher!their signature. Further, that the City of Virginia Beach has I ! caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager! Authorized Designee of the City Manager 4 l i (SEAL) ATTEST: City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2005, by , CITY MANAGER! AUTHORIZED I ! DESIGNEE OF THE CITY MANAGER. I , I! ! I , I ! I i My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2005, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: 5 11_ STATE OF /1 CITY/COUNTY OF /IlK" /'f.r{~ fltD!l!lJo-wit: The foregoing instrument was acknowledged before me this If day of ;J~;(IL ,2005,byBr1~1~~~,_, ~ ";>'::;:'Fi';o.~~Q~'" ,'.".... """'~:'" U,!\'. Y' <;, ;:.f';,,~ ~/... ~-~.' ._ -- ~ "'~J \~ . "; r'" 'fre ol""t, - - -- No1&y Public My Commission Expires: ~\ ::X~;~;i;~~~,)N ,/~l ", rvw""i"!I ,. {it: .,. . "':' ":':':~r:j;i~},'#' APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFIC ENCY AND FORM ~~-~~ Pm Real [~ DEPARTMENT I X:\Projects\Encroachments\Applicants\Jones, Brian 2409 Broad Bay Road RB Boatlift\Agreement Encroachment.Frm.doc i 6 Exhibit "A" -~ -x- o ISLA~q LA~EXISTING PILES ".,-.. . . Q --IV 55"" ~ " .' ~'O'~. 5'2' . vJ 4:J~ 1-.f1 . ,f. '.A", ~XlSr. _ 47.50' rr . :- .' ... . . . . N<Pc,,-20'S&"W '"', , t $ ~ s @ ~ tq~ MH~ r.J'I ,.~ ,. ~~~ APPROX UMITS 0', OF "X. ~ ",MOD ZONE ~ --- APPRO X UMI~ OF '*AEu -\ . . .. ~FLOOf) ZONE .~ v: 0) - (If !'l' .po. .. &14J0 lOT 74 ..tv) "'- SO i!J '<" 140..3" ill INSTALl. N~W 1~,OOD1t AL.UM. 80ATL/FT ON IE X ISTINC1! TIfv1B>Ep:. PI'-~s, 1'-F[E.W 1,/1=, To BE. WSTof.1 MAP. to E.;<.ISf. PIMS. BROAD BA Y ROAD ----.-- Adjacent Property Owners: 1. ? f'o~NlAK 2. C?71~t/N 3. :r. AthX'~t7~ 4. 5, PLAN Proposed: NEW BOATLIFT .~ 'tr!M~~HAVEft DO~ ~~~~~'~~~7; N in: Canal in Island Lake At: 2409 Broad Bay Road City of: VIRGINIA BEACH Applicant: B. JONES Sheet 2 of 3 Date: 11/12/04 .. ~ (f)~ CV\~ . I II) :s ~ ....J < Exhibit "B" 12' - 6" Outside face of pile to outside face of pile a... 2 JQ Q) s::: "5.. 'a . Q): '00 = o6'\Q)~ .' .2_'~.s:! ,.,., a... "'"" , . , Q) "':t Q).{g ~ - :E "Ci) ... (I) - , Q) "5 5 () -- - 0 .9 ..+~ -=:::-..~+ ". PLAN .' t;. lS1(N~ PIS't<- 12'. Mt..'Il .. -,.. ., DATUM: MLW = 0.00 Adjacent Property Owners: 1. r;. F'o~NIA\< 2. Go. 71MoN 3. j". ~X.AN~ 4. 5. '. . r H II "U r r I I ~ Co . ^:~ <~. F- MHW MLW -=tt 1 y ~XI~TING ELEVATION LJ P{r...e? Boatlift to be installed as per the Manufacturers recommendations. Material to be aluminum. Final electrical connection to be performed by a licensed Electrician. AU W~ To 81= P~F'oR.Mt=P f=R.oM W47tSR eOTWE t3tQVIPfvlf3NT BOATLIFT DETAILS Proposed: NEW BOATLIFf in: Canal in Island Lake At: 2409 Broad Bay Road C f'+V of: VIRGINIA BEACH Appl(cant: B. JONES Sheet 3 of 3 Date: 11/12/04 i (iJ'w!M~~~j,(j.,fiWt,,1 ~"lf'''',r''l'~' ~,,;, ~ of, ~i ~'lJ ~;~ ". ." ~- ,~.... ':1:. ,~~ ~<~.,!3~? ~~ "'~'l.';>,~..:"~Jr.~~~:~~~""'.c<..!:<F~>);!,U.0{'.-::.111'"~..\1 (; '.:, ~~ ,;' .~:.. F.~. ~ -0 N I.. I - I \)~'{ o~o \)~ LOCATION MAP FOR ENCROACHMENT REQUEST FOR EXISTING PIER, PILES AND RIPRAP AN D BOA TLI FT BRIAN JONES GPIN 1499-98-2733 SCALE: 1" = 200' JONES.DGN M.j.S. PREPARED BY P;W ENG. CADD DEPT. FEB. 28, 2005 - 26- Item V-K.4.a/b ORDINANCES ITEM # 53889 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinances to ACCEPT and APPROPRIATE: a, $25,000 from the Virginia Beach Foundation to the Department of Parks and Recreation FY-2004 Operating Budget re construction of a climbing wall at Seatack Recreation Center. b. $150,000 from the u.s. Department of the Interior, "Save America's Treasures" Grant (SAT) re Adam Thoroughgood House exterior moisture damage repair and AUTHORIZE execution of a Perpetual Preservation Easement. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, 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 May 3, 2005 1 2 3 4 5 AN ORDINANCE TO ACCEPT AND APPROPRIATE $25,000 FROM THE VIRGINIA BEACH FOUNDATION TO THE PARKS AND RECREATION DEPARTMENT'S FY 2004-05 OPERATING BUDGET TO CONSTRUCT A CLIMBING WALL AT SEATACK RECREATION CENTER 6 WHEREAS, the Virginia Beach Foundation has provided a 7 $25,000 donation to the Department of Parks and Recreation for the 8 purpose of constructing a climbing wall at Seatack Recreation 9 Center. 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 11 OF VIRGINIA BEACH, VIRGINIA: 12 That $25,000 from the Virginia Beach Foundation is hereby 13 accepted and appropriated to the Parks and Recreation Department's 14 FY 2004-05 Operating Budget to construct a climbing wall at Seatack 15 Recreation center, with revenue increased accordingly. 16 Adopted by the Council of the City of Virginia Beach, 17 Virginia, on the lrn day of MrlY , 2005. Requires an affirmative vote by a majority of the members of City Council. Approved As to Content: Approved As To Legal Sufficiency: 17 -JQ hdk;;Y! lVuJ City Attorney's Office CA9597 H:/PA/GG/ORDRES/Parks and Rec Seatack Climbing Wall ORD.doc R-3 April 21, 2005 1 2 3 4 5 6 7 8 9 10 11 12 ORDINANCE TO ACCEPT AND APPROPRIATE A SAVE AMERICA'S TREASURES GRANT IN THE AMOUNT OF $150,000 FROM THE UNITED STATES DEPARTMENT OF THE INTERIOR (ADAM THOROUGHGOOD HOUSE), TO ESTABLISH CIP # 3 -343 (ADAM THOROUGHGOOD HOUSE EXTERIOR MOISTURE DAMAGE REPAIR) AND TO AUTHORIZE AND DIRECT THE CITY MANAGER TO EXECUTE A PERPETUAL PRESERVATION EASEMENT WHEREAS, the Department of the Interior has awarded the 13 City of Virginia Beach a Save America's Treasures grant to 14 resolve moisture problems at the Adam Thoroughgood House; and 15 WHEREAS, as a condition of the aforesaid grant, the City is 16 required to grant a perpetual preservation easement over the 17 property to the Commonwealth of Virginia Board of Historic 18 resources; and 19 WHEREAS, the City Council finds that the granting of such 20 preservation easement is in the public interest; 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA: 23 1. That CIP Project # 3-343, Adam Thoroughgood House 24 Exterior Moisture Damage Repair, is hereby established 25 in the Capital Improvement Program for the purpose of 26 funding repairs and preservation improvements for the 27 Adam Thoroughgood House; 28 2. That $150,000 is hereby accepted from the United 29 States Department of Interior and appropriated to CIP 30 Project # 3-343, Adam Thoroughgood House Exterior 31 Moisture Damage Repair, in the FY 2004-05 Capital Approved as to Content: Jj~Q ~ ~. c~ Jfjl8jo~ Department of Museums & Cultural Arts Approved as to Legal Sufficiency: !JJ~' JJ1,jJf~ City Attorney's Office 3 Exhibit A , This document was prepared by: Department of Historic Resources 2801 Kensington Avenue Richmond, VA 23221 Exempted from recordation taxes under the Code of Virginia (1950), as amended, section 58.1-811(A)(3) DEED OF EASEMENT [name of property] THIS DEED OF EASEMENT, made this _ day of , 200-, by , and its successors and assigns, herein collectively called the Grantor, and the rOMMONWFAT.TH ofVTRGTNTA, ROARO OF mSTORTr RFSOTJRrFS, herein called the Grantee, WITNF,SS'F,TH . WHEREAS, Chapter 22, Title 10.1 of the Code ofVrrginia of 1950, as amended, was enacted to support the preservation and protection of the Commonwealth ofVrrginia's significant historic, architectural, archaeological, and cultural resources, and charges the Board of Historic Resources to designate as historic landmarks to be listed in the Virginia Landmarks Register such buildings structures, districts, and sites which it determines to have local, statewide, or national significance, and to receive properties and easements in gross or other interests in properties for the purpose, among other things, of the preservation and protection of such designated landmarks; and WHEREAS, the Grantor is the owner of a property known as , consisting of a tract of land, herein described, which includes a building which is of historic and architectural significance and is listed on the Virginia Landmarks Register and the National Register of Historic Places, and has been designated by the Secretary of the Interior to be a National Historic Landmark; and WHEREAS, was acquired by the Grantor for the purpose of maintaining it for the benefit of the public as a historic and cultural amenity; and , WHEREAS, the Grantor has been awarded a Save America's Treasures grant from the National Park Service, United States Department of the Interior, to be used for the restoration of ; and WHEREAS, the donation of a perpetual preservation easement is required from a historic property receiving a Save America's Treasures grant for the purpose of preserving those historic and architectural features of the property that lead to its designation as a National Historic Landmark; and WHEREAS, both the Grantor and the Grantee desire to ensure the preservation of (hereinafter "the building") and the protection of the historic and architectural features that led it to be listed on the Virginia Landmarks Register and the National Register of Historic Places, and to be designated a National Historic Landmark; NOW THEREFORE, in recognition ofthe foregoing and in consideration of the sum ofTen Dollars ($10.00) and other valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey to the Grantee an easement in gross and right in perpetui~,to restrict as herein provided the use of the property described in "Attachment A" (hereinafter called the Easement Property). The restrictions hereby imposed on the use of the Easement Property ate in accord with the policy of the Commonwealth of Virginia, as set forth in Chapter 22 of Title 10.1 of the Code of Virginia of 1950, as amended, to preserve the Commonwealth's designated historic landmarks. The acts which the Grantor covenants to do and not to do upon the Easement Property, and the restrictions which the Grantee is hereby entitled to enforce, shall be as follows: 1. The parties agree that the photographs of the Easement Property taken by of the Department of Historic Resources on (DHR negative number ) accurately document the appearance and condition of the Easement Property. The negatives of the said photographs shall be stored permanently in the archives of the Department of Historic Resources or its successors. Hereafter, the Easement Property, including the exterior and interior of the building, shall be maintained and preserved in its documented state as nearly as practicable, except for changes which are expressly permitted hereunder. 2. No building or structure shall be built or maintained on the Easement Property other than (i) the building, (ii) reconstructions of historic outbuildings or other features which are documented through professional historical or archaeological investigation to have been located on the Easement Property, and (iii) such visually discreet structures or facilities as may be necessary for the use of the Easement Property as a museum or related public amenity. 3. The building shall not be demolished or removed from the Easement Property, nor shall it be altered, restored, renovated, or extended, except in a way that would be consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties (Rev. 1992), and provided that the prior written approval of the Grantee to such actions shall have Page 2 f been obtained. No other pennitted structure or facility shall be constructed, altered, restored, renovated, or extended except in a way that would, in the opinion of the Grantee be in keeping with the unique historic and architectural character of the Easement Property, and provided the prior written approval of the Grantee to such actions shall have been obtained. The location and design of any new structure or facility is expressly made subject to the prior written approval of the Grantee. 4, The character-defining historic interior architectural elements of the building, including windows and window frames, doors, door frames, stairs, staircases, baseboards, cornices, ceilings, floorboards, wainscoting, mantels, and hardware shall not be removed from the Easement Property, nor shall they be altered without the prior written approval of the Grantee. 5. Archaeologically significant deposits, features, or sites on the Easement Property shall not be intentionally disturbed or excavated except by or under the supervision of a professionally qualified archaeologist and provided plans for such archaeological activity have been submitted to the Grantee for review and comment prior to any ground-disturbing activities. Artifacts and objects of antiquity professionally excavated from archaeological sites on the Easement Property shall be treated and preserved according to the V rrginia Department of Historic Resources State Curation Standards (Rev. Nov. 1993), 6. Cleaning, repointing, waterproofing, or painting of the exterior masonry of the building shall not be undertaken without the prior written approval of the Grantee. 7. Trees and vegetation on the Easement Property shall managed so as to prevent damage to the building. 8. The Easement Property shall not be divided, subdivided, or conveyed in fee other than as a single tract, 9. The Grantee and its representatives may enter the property (i) from time to time, upon reasonable notice to the Grantor, for the sole purpose of inspections and enforcement of the terms of the easement granted herein, and (ii) in its discretion, to erect at a location acceptable to the Grantor, a single marker or sign, not exceeding two feet by two feet, which states the name of the Grantee and advises that the Grantee owns the easement granted herein. 10. Prior to any transfer of title to the Easement Property, the Grantor shall notify the Grantee in writing. 11. In the event of a violation of this easement, the Grantee shall have the right to seek all appropriate legal and equitable relief, including but not limited to the right to restore the Easement Property to its present documented condition as shown in the photographs referenced in Paragraph 1 and assert the cost of such restoration as a lien against the Easement Page 3 Property. 12. Whenever a written request for the Grantee's approval is submitted pursuant hereto and the Grantee fails to respond in writing within 30 days of receipt of such request, then the Grantee shall be deemed to have approved the request, and the Grantor may proceed with the action for which approval was requested. Nothing herein shall be construed, however, to require the Grantee to issue a final decision on such request within such 30-day period, provided that such final decisions are issued in as timely a fashion as is practical under the circumstances. Such circumstances shall include the complexity of the request or proposed project, the amount of information submitted with the initial request, and the need for on-site inspections or consultations. No approval required hereunder shall be unreasonably withheld by the Grantee. 13. The invalidity or unenforceability of any provision of this easement shall not affect the validity or enforceability of any other provision of this easement or of any ancillary or supplementary agreement relating to the subject matter hereof Acceptance by the Virginia Board of Historic Resources of this conveyance is authorized by section 10.1-2204 of the Code of Virginia of 1950, as amended. Witness the following signatures and seal: Attest: By: Accepted: BOARD ofIDSTORIC RESOURCES By: Kathleen S. Kilpatrick Director, Department of Historic Resources Date: STATE ofVIRGlNIA CITY/COUNTY of ) ) To wit: The foregoing instrument was acknowledged before me this _ day of , 2004, by the Grantor therein. PaQe 4 Notary Public My commission expires: STATE of VIRGINIA, CITY of RICHMOND, To-wit: The foregoing instrument was acknowledged before me this _ day of , 2004, by Kathleen S. Kilpatrick, Director, Department of Historic Resources, on behalf of the Virginia Board of Historic Resources, the Grantee therein. Notary Public My commission expires: PaQe 5 ATTACHMENT A (property description) P~H!e 6 United States Department of the Interior NATIONAL PARK SERVICE 1849 C Street, N.W. Washington, D.C. 20240 IN REPLY REFEIl TO: H32(2255) October 12, 2004 Mr. Steven Thompson, Chief Financial Officer City of Virginia Beach, Virginia 2401 Courthouse Drive City Hall, Building #1 Virginia Beach, VA 23456 Project: Adam Thoroughgood House Dear Mr. Thompson: I am pleased to inform you that your application for a Federal Save America's Treasures grant has been selected for funding in the amount of $150,000. Your project was one of 60 chosen from 390 applications. Congratulations! The competition was intense, and the selection panel typically awarded funding for less than the total amount requested by an applicant, in order to award as many grants as possible with the limited funds available. Accordingly, to enable the National Park Service (NPS) to draw up a grant agreement so that you can receive these funds, you must submit a revised budget and scope of work summarizing what will be accomplished with the actual amount awarded plus the dollar-for-dollar non-Federal matching share, All work must relate directly to and be necessary for the preservation of the historic property. Please note that you are not "locked in" to this budget or scope of work; grant amendments may be submitted for NPS approval during the grant period if subsequent changes are needed. This revised information should be compiled on the enclosed Grantee Information Form, The completed form may be faxed to -202-371-1794. If you have any questions about revising your budget or scope of work, please contact Megan Brown of my staff at 202-354-2062. . After we receive the Grantee Information Form, we will draw up a grant agreement for signature by the chief executive officer of your organization, Along with the grant agreement, standard Federal forms such as the Application for Federal Assistance (SF-424), the Assurances form, the Certifications form, and the Direct Deposit form will be sent to you for signature and return to NPS, The Save America's Treasures grant program is administered by the National Park Service of the United States Department of the Interior, in partnership with other Federal agencies and non-profit organizations, Please note that your grant documents, reports, and payment requests must be submitted on Iv to the National Park Service. We look forward to working with you to achieve the preservation of your nationally significant property. Sincerely, y\rJ~ IB)I~ t IE B W IE 1m If11 OCT 1 6 2D04 ~ Joseph T, Wallis Chief, State, Tribal and Local Programs Branch Enclosure - Grantee Information Form CITY MANAGER'S OFFICE CHIEf FINANCIAl OfFICER United States Department of the Interior NATIONAL PARK SERVICE 1849 C Street, N.W. Washington, D.C. 20240 IN REPLY REFER TO: Grant Agreement No. 51-04-ML-0131 Upon signature of both parties below, the National Park Service (NPS) will have obligated with this Grant Agreement the amOlll1t of $150,000 appropriated from the Historic Preservation Flll1d for the Save America's Treasures Grant Program Public Law 108-108, making Fiscal Year 2004 appropriations for the Department of the Interior. The term of this grant agreement is: Beginning Date: January 1, 2005 Ending Date: January 31, 2007 In accepting this grant to preserve the Adam Thoroughgood House, evidenced by signature below, the Gtyof Virginia Beach, Virginia, agrees to comply with Department of the Interior regulations and requirements governing Federal grants stipulated in Office of Management and Budget (OMB) Grcular A-102 (Administrative Requirements for Grants to State and Local Govemments;_s~e 4IgRlb.1Z]2~; Grcular A-~ (o,st Principles for Grants to State and Local Govenunents); and Grcular A-1~3 (Audits of States, . Local Govenunents and Non- Profit Organizations). These requirements areIieiebym~'01porated by reference into this grant agreement. In accordance with 18 U.S.C 1913, none of these flll1ds may be used for lobbying purposes as defined in the special conditions contained on the following pages. These special conditions are also hereby incorporated into this grant award. The terms and conditions of this grant award shall be extended to subrecipients and subcontractors. In witness thereof, the parties have executed this grant agreement as of the date entered below: CTY OF VIRGINIA BEAm, VIRGINIA NATIONAL PARK SERVICE Title: Chief, Grants Administration Date signed Date signed cc: Virginia State Historic Preservation Office (SI-ll?O) Attachments: .x SF 424 Application for Federal Assistance .x Budget Changes/Special Grant o,nditions .x Interim and Final Progress Report formats for use later in the grant .x SF 269 A Financial Status Report, for use with Interim Reports .x 36 CFR 800 Protection ojHistoric Properties .x 5 emtmy oj the I nterior's Standards for the Treatment of Historic Properties Grant Agreement (Page 2 of 6) APPLlCA TION AND BUDGET CHANGES/SPECIAL CONDITIONS GRANT NUMBER: BEGINNING DA TE: ENDING DA TE: 51-04-ML-0131 January 1, 2005 January 31, 2007 The tenns of the grant award include the following special conditions necessary to obtain the objectives of the grant, facilitate administration of the grant, and to protect the interests of the Federal Government. Grantee noncompliance with these tenns and conditions and the requirements of Office of Management and Budget (OMB) Grculars A-l02 and A-87 will cause disallowance of costs incurred underthe grant. In addition to other lawful remedies, in the event of noncompliance with any grant conditions, the grant may be suspended, tenninated or annulled pursuant to OMB Grcular A-l02 (see 43 aR 12.83-12.84). The grantee shall not assign or otherwise transfer final responsibility for this Grant Agreement, the grant, or the project to any third party. The execution of subcontracts shall not alter or modify the obligations of the grantee. However, the grantee may subcontract for perfonnance of project-related work summarized in this Grant Agreement. The grantee must administer this grant award free from conflict of interest, bribery, "kickbacks," cost-plus-a-percentage-of-costs contracts, and other procurement practices prohibited by43 CPR 12.76. Special Condition # 1. Limitations on Grant Expenditures. The term of availability of these grant funds is from January 1,2005, through January 31, 2007. All costs incurred must be billed to NPS by Apri130, 2007. Expenses charged to this grant may not be incurred prior to the beginning date specified above, or subsequent to the grant end date specified above (unless the Grant Agreement's end date is fonnallyextended in writing by NPS). Such expenditures may not exceed the maximum limits shown on this grant award, or amendments subsequently approved in writing by NPS. The grantee assumes fiscal liability, without recourse to NPS, for commitments that exceed the funds provided in the Grant Agreement. Special Condition # 2. Allowable Costs. All costs charged to the grant must be directly related to and necessary for the achievement of the approved objectives and budget of this grant, as specified in Grant Condition # 15, below, unless an amendment is approved in writing by NPS. Expenses charged must be incurred only for eligible costs in accordance with OMB Circular A-l 02 and OMB Grcular A- 87; and supported by approved contracts, purchase orders, requisitions, bills, or other evidence of liability consistent with generally established purchasing procedures and generally accepted accounting principles. Special Condition # 3. Non-Federal Matching Share: At least $150,000 in eligible non-Federal matching contributions that are allowable and properly documented in accordance with 43 CPR 12.64 must be used during the grant period to share the costs for this grant. Failure to use the required non-Federal matching share will result in the disallowance of costs reimbursed, and! or the de obligation of remaining unexpended funds. Special Condition # 4. Fundraising Costs: In accordance with OMB Grcular A-87, Attachment B, Item 21, costs of fundraising are not eligible costs chargeable to the grant for reimbursement or as eligible non-Federal matching share contributions. Special Condition # 5. Performance Reports. An acceptable Interim Progress Report must be submitted to NPS every six months during the grant period, with the initial Progress Report due not later than July 31,2005, and the next report due not later than January 31, 2006. An acceptable Final Progress Report must be submitted by Apri130, 2007. Failure to submit acceptable progress reports by the dates specified, and Grant Agreement (Page 3 of 6) APPLlCA TION AND BUDGET CHANGES/SPECIAL CONDITIONS GRANT NUMBER: BEGINNING DA TE: ENDING DA TE: 51-04-ML-0131 January 1, 2005 January 31, 2007 in the format prescribed by NPS, may result in suspension of funds or other action. Interim Reports must include the Standard Form 269 A, Financial Status Report, which is used to document financial obligations and outlays during the previous reporting period. NPS normally requires that the initial report must include several slides or 4 X6 photographs showing the condition of the property prior to beginning project work, however, these photographs have already been submitted by the grantee. The final progress report must include slides or photographs showing the finished work The grantee agrees to maintain close liaison with the NPS Grant Awarding Official throughout the grant period. NPS reserves the right to request meetings, upon reasonable notice, with grantee project staff at intervals during the comse of project work The grantee agrees to promptly notify the NPS Grant Awarding Official should any of the following conditions become known to it: a) Problems, delays, or adverse conditions that will materially affect the ability of the grantee (or its subcontractors, if any,) to attain project objectives, prevent the project from meeting planned timetables, or preclude the completion of approved work; b) The need for adjustment (revision) to the project budget; and c) The lack of non-Federal matching share to meet the amount required by this Grant Agreement. Special G:>ndition # 6. Prior Approval Requirements. The grantee may not, without whttenapproval by the NPS grant awarding official (that official whose signatureltitle appears on the grant award document, or his designee), make changes in the approved scope of work or budget that would substantively alter the approved scope of work (43 G'R 12.70). Special G:>ndition # 7. Lobbying Prohibitions. Costs associated with activities or any form of communication designed to influence in any manner a Member of Congress to favor or oppose any legislation or appropriation are unallowable as a charge to this grant. None of the funds awarded may be used to process any grant or contract documents which do not include the text of 18 U.S.c. 1913 prohibiting lobbying with appropriated funds. Recipients shall not use any part of the appropriated funds for any activity or for the publication or distribution of literature that in any way tends to promote public support or opposition to any legislative proposal on which Congressional action is not complete. Special Condition # 8. Debarment and Suspension. In accordance with Executive Order 12549 "Debarment and Suspension" the grantee and its subgrantees must not make any award or permit any award (by sub grant or contract) at any tier to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549. Special Condition # 9. Financial Audit. The grantee shall obtain an audit of grant expenditure records in accordance with OMB Grcular A-133, which requires a Single Agency Audit for any grantee who expends at least $500,000 of Federal grant funds (from all sources) in a fiscal year. Financial audits that include costs incurred for this grant (including nonfederal matching share) must be transmitted to the Federal Audit dearinghouse, Data Preparation Division, U.S, Bureau of the Census, 1201 E. 10th Street, Jeffersonville, Grant Agreement (Page 4 of 6) APPLlCA TlON AND BUDGET CHANGES/SPECIAL CONDITIONS GRANT NUMBER: BEGINNING DA TE: ENDING DA TE: 51-04-ML-0131 January 1; 2005 January 31, 2007 Indiana 47132. A reasonable proportion of the costs of an acceptable audit perlormed in accordance with OMB Circular A-13 3 may be charged to this grant. If an audit is required by OMB Grcular A-133, the grantee must complete and submit one signed copy of the Data Collection Form for Reporting on Audits of States, Local Governments, and Non-Profit Organizations, SF-SAC, and one copy of the reporting package to the National Park Service within 30 days of the grantee's receipt of the completed audit report. The form must state whether the audit was completed, provide information about the grantee, the results of the audit, the Employer Identification Number (EIN) and the Dun and Bradstreet (D&B) Data Universal Numbering System (DUNS). Special Condition # 10. Record Keeping. The grantee must maintain the property, personnel, financial, procurement and other records and accounts pertinent to the funds awarded by this grant in accordance with 43 CPR 12. The grantee, and its contractors will pennit on-site inspections by NPS representatives, and will effectively require employees and board members to furnish such information as, in the judgment of NPS representatives, may be relevant to a question of compliance with grant conditions and directives on the effectiveness, legality and achievements of project work Special Condition # 11. Access to Records. The Secretary of the Interior and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of financial or progranunatic audit and examination to any books, documents, papers, and records of the grantee that are pertinent to the grant at all reasonable times during the period of retention provided for in 43 CPR 12. Special Condition # 12. Publicity and Press Releases: Press releases about this project must acknowledge the grant assistance provided by NPS and copies of the press releases must be provided to NPS. The grantee must transmit notice of any public ceremonies planned to publicize the project or its results in a timely enough manner so that NPS, Department of the Interior, Congressional or other Federal officials can attend if desired. Special Condition # 13. Publications. The grantee must include acknowledgment of NPS grant support and a nondiscrimination statement in all publications and videos assisted with grant monies and/or concerning NPS grant-supported activities. At least two copies of each publication and video concerning NPS grant-assisted activities, or published with NPS grant assistance, must be furnished to the NPS Grant Awarding Official within 30 calendar days of publication. All publications, including video and audio tapes, must contain the following disclaimer and acknowledgement of NPS support: "TIlls material is based upon work assisted by a grant from the Department of the Interior, National Park Service. Any opinions, findings, and conclusions or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views of the Department of the Interior." All consultants hired by the grantee must be informed of this requirement. The National Park Service shall have a royalty- free right to republish any published material generated by this grant. Special Condition # 14. Method of Payment. An SF-270, Request for Advance or Reimbursement, must be faxed to the NPS Grant Awarding Official for approval of payment requests. Mter NPS has notified the grantee that the payment request is acceptable, the grantee can then transmit the payment request on the SMARTIlNK payment system Payment of grant funds will then be made by SMAR1UNK electronic transfer of funds to a specified bank account of the grantee. Grant Agreement (Page 5 of 6) APPLlCA TION AND BUDGET CHANGES/SPECIAL CONDITIONS GRANT NUMBER: BEGINNING DA TE: ENDING DA TE: 51-04-ML-0131 January 1, 2005 January 31, 2007 Special Condition # 15. Approved Budget and Scope of Work: The approved Summary of Objectives and Results to be performed with this grant award is as follows: rehabilitation of the Adam Thoroughgood House, in accordance with the S eeretmy of the Interior's Standards for the Treatment of Historic Properties. Work includes: a) Install French drain b) Install stainless steel lintels and arch restoration c) Repoint/Repair of brickwork d) Install rain diverters e) Repair/Replace of doorjambs, sills, and thresholds f) Install new HV AC system g) Update electrical wiring and lighting h) Install fire detection system The approved Work/Cost Budget is summarized as follows: Consultant Fees Equipment Construction Materials & Labor $ 60,000 $100,000 $140,000 TOTAL GRANT (including non-Federal matching share) $300,000 Special Condition # 16. Preagreement Costs. Anypreagreement costs incurred must be approved in writing by NPS and authorized to be charged to this grant in accordance with OMB Circular A-87. Documentation pf these preaward costs must be retained for review by the grantee's financial audit. Special Condition # 17. NPS Concurrence with Selection of Consultants: The grantee must submit resumes and responses to its Requests for Proposals, along with its justification for which consultant(s) it proposes to select for grant-assisted work to the NPS Grant Awarding Official for concurrence by NPS. The proposed consultant(s) must have the requisite experience and training in historic preservation to oversee the construction work to be performed and to manage this complex project. Contractors perfonning grant- assisted work must be competitively selected. Special Condition # 18. NPS Review of Plans and Specifications. The grantee must submit plans and specifications to the National Park Service for its review and approval for compliance with the Secretary of the Interior's Standards for the Treatment of Historic Properties, and with the Conditions listed in this Grant Agreement prior to the beginning of grant-assisted repair work on the property. Special Condition # 19. Compliance with the Secretary of the Interior's Standards. All grant-assisted repair work will be reviewed by NPS to ensure that it meets the Secretary of the Interior's Standards for the Treatment of Htstoric Properties. Work that does not comply with these Standards in the judgment of NPS will not be reimbursed, and may cause the grant to be tenninated and funds de obligated. Grant Agreement (Page 6 of 6) APPLlCA TION AND BUDGET CHANGES/SPECIAL CONDITIONS GRANT NUMBER: BEGINNING DA TE: ENDING DA TE: 51-04-ML-0131 January " 2005 January 31, 2007 Special Condition # 20. Compliance with Section 106 of the National Historic Preservation Act. Pursuant to Section 106 ofthe Act, NPS and the grantee must complete the consultation process stipulated in the regulations issued by the Advisory Council for Historic Preservation in 36 CPR 800 prior to the commencement of construction work on the property. (Note that the NPS must receive a copy of the State Historic Preservation Officer's written approval of the methodology or plan to be used for any archaeological testing or ground- breaking prior to conducting such testing or ground- breaking.) NPS has initiated the Section 106 consultation process with the State Historic Preservation Officer (SHPO), by notifying the SHPO of the grant and sending the SHPO a copy of the grant application. Now, to complete the Section 106 review, the grantee must submit plans and specifications for the project to the SHPO. The grantee then must submit to the NPS Grant Awarding Official copies of the following: 1) any written comments grantee receives from the SHPO in response to submission of plans and specifications for the project, including any suggestions for modifying the project, and 2) the SHPO's written concurrence with the project as proposed or as modified. In the event that the grantee and the SHPO cannot reach agreement, the grantee must notify NPS in writing so that NPS may participate in the conclusion of the consultation. (Note that plans and specifications must also be submitted by the grantee to NPS in order to fulfill Grant Special Conditions # 18 & 19). Special Condition # 21. Requirement for Proiect Sign: The grantee must erect and maintain a project sign at the project site. The sign must: be of reasonable and adequate design and construction to withstand weather exposure; be of a siie that can be easily read from the public right-of-way; and be maintained in place throughout the project term as stipulated in this Grant Agreement. At a minimum, the sign must contain the following statement: "Preservation of the [insert property name] is being supported in part by a Save America's Treasures grant administered by the National Park Service, Department of the Interior." Additional infonnation briefly identifying the historical significance of the property or recognizing other contributors is encouraged and pennissible. A photograph of the sign must be submitted to NPS at the start of the construction process. The cost of fabricating and erecting the sign is an eligible cost for this grant. Special Condition # 22. Requirement for Executing Preservation EaseIllee~' The pUrpose of this grant is to preserve highly significant historic properties for future generations. Sectio~102(:1)(5J?ftheNationill Historic Preservation Act requires that .HPF grantees must agree to assume' after the coIllpletion of the .. . .... project, the total cost of continued maintenance, repair and administratioriof the grant.;.assisted property iti a manner sa,~factorytO. the Secretary of the InteriorJ Accordingly, the grantee must grant a preservation easement to the State Historic Preservation Officer, or to a nonprofit preservation organization acceptable to NPS, in the State where this property is located. The telllJ of the easement must runfor at least 50 years from the end date of this Grant Agreement." A draft copy of the preservation easement must be submitted to the NPS Grant Awarding Official for review and comment by September 30, 2005. Any revisions subsequently transmitted by NPS to the grantee must be incorporated into the easement prior to the final release of funds by NPS and prior to the recording of the easements on the deeds of these properties. City of Virgi:r1ia. Bea.ch VBgov.com DEPARTMENT OF MUSEUMS AND CULTURAL ARTS VIRGINIA BEACH HISTORIC HOUSES (757) 431-4000 FAX (757) 431-3733 FRANCIS LAND HOUSE 3131 VIRGINIA BEACH BOULEVARD VIRGINIA BEACH, VA 23452-6923 January 28, 2005 Leslie L. Lilley, City Attorney City of Virginia Beach City Attorney's Office Municipal Center Building 1, Room 260 241 o Courthouse Drive Virginia Beach, VA 23456 RE: Save America's Treasures Easement Dear Mr. Lilley, Recently, the City through the Department of Museums and Cultural Arts received a Grant Agreement from the- NatIonal Park Service regarding the 2004 Save America's Trea!:iures grant awarded to the Adam Thoroughgood House. I am thrilIedat the. prosp~s of what this grant will. fund .and am hopeful that the requirements willqQickly be met. . , . One condition of the grlint is. that the grantee donates a preservation easement to a.non- pro.fit preServation organization acceptable to the National Park Service. As. a group of citizens concerned about _. protecting our collective investment and interest in this property, please be assured that the Board ofGovemors of the FrancisLand House offer our full support of granting the easement in perpetuity. The easement will assure the City of Virginia. Beach preservation and treatment according to uniform, nationally accepted-standards. It also ensures a review process for modifications that materially change the property, including archeological aspects. The close affiliation of an agency like the Virginia Department of Historic Resources provides a legal bond between the property and the means and expertise of the Commonwealth. Going forward, I believe that it could enhance our ability to obtain state and federal funds. Leslie L. Lilley RE: Save America's Treasures Easement January 28, 2005 Page Two . With your help, the City of Virginia Beach can rest assured that beyond our lifetime, the Adam Thoroughgood House will be preserved as the landmark we know today. As good stewards, we can free it from the threat of demolition and misuse. We appreciate all that you have done for the historic homes in Virginia Beach and ask that the City of Virginia Beach grant a perpetual preservation easement for the Adam Thoroughgood House. Respectfully, kt~ "hAte ~ Sue F. Davis Chairman, Francis Land House Board of Governors SFD/ cc: Lynn B. Clements SUMMARY OF TERMS ADAM THOROUGHGOOD HOUSE SAVE AMERICA'S TREASURES GRANT PRESERVATION EASEMENT GRANTOR: City of Virginia Beach GRANTEE: Commonwealth of Virginia, Board of Historic Resources PROPERTY: Adam Thoroughgood House TERM: The federal grant requires that the easement run for at least Fifty (50) years from the end date ofthe Grant Agreement (January 31, 2007). However, the Grantee's policy is to only accept easements in gross and right in perpetuity. RIGHTS AND RESPONSIBILITIES OF GRANTOR/GRANTEE: · No building or structure shall be built or maintained on the property other than the existing historic structure and reconstructions of historic outbuildings or other features of archeological and/or historical significance. · The building shall not be demolished or removed from the property, nor shall it be altered, renovated, or extended without the prior written approval of the Grantee. · The character-defining historic interior architectural elements of the building, including, but not limited to, windows and window frames, ceilings, doors, and stairs shall not be removed nor altered without the prior written approval of the Grantee. Cleaning, waterproofing, or painting of the exterior masonry shall not be undertaken without the prior written approval of the Grantee. · The Grantor shall manage the trees and vegetation on the property so as to prevent damage to the building. · The property shall not be divided, subdivided, or conveyed in fee other than as a single tract. Prior to any transfer, the Grantee shall notify the Grantee in writing. · Grantee may enter the property, upon reasonable notice to Grantor, for the sole purpose of inspections and enforcement of the terms of the easement. · Where prior approval of the Grantee is required, Grantee shall respond in writing within thirty (30) days of receipt of any written request by the Grantor. The Grantee's failure to respond within thirty (30) days of such request shall be deemed an approval. H:IOIDIREAL EST A TElA"orted Project'lAdam Thoroughgood House GrantlSUMMARY OF TERMS.doc - 27- Item V-K.5. ORDINANCES ITEM # 53890 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to TRANSFER $108,000 from the General Fund Reserve for Contingencies to the FY 2004-05 City Treasurer's operating budget re additional funding for postage, Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, 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 May 3, 2005 1 2 3 4 5 6 AN ORDINANCE TO TRANSFER $108 , 000 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO THE FY 2004-05 OPERATING BUDGET OF THE CITY TREASURER'S OFFICE TO PROVIDE ADDITIONAL FUNDING FOR POSTAGE 7 WHEREAS, the City Treasurer's Office is in need of additional 8 funding for postal services to ensure that current levies are 9 billed on time through the end of FY 2004-05. 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 That $108,000 is hereby transferred from the General Fund 13 Reserve for Contingencies to the FY 2004-05 Operating Budget of the 14 City Treasurer's Office for the purpose of providing additional 15 funding for postage to process various bills. 16 Adopted by the Council of the City of Virginia Beach, Virginia 17 on the ~rn day of May 2005. APPROVED AS TO CONTENT: ~r~~~~ Services APPROVED AS TO LEGAL SUFFICIENCY: ;<:~ ~ City Attorney's flce CA9600 \ordres\Additional Postage for Treasurer.doc R-2 April 26, 2005 - 28- Item V-K. 6. RESOLUTION ADD-ON ITEM # 53891 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Resolution expressing Council's opposition to consolidation of Virginia Beach Middle School and Kemps Landing Magnet School at the current site of the Virginia Beach Middle School Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, 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 May 3, 2005 1 2 3 4 5 6 7 8 9 10 11 12 REQUESTED BY COUNCILMEMBER RICHARD A. MADDOX A RESOLUTION EXPRESSING THE CITY COUNCIL'S OPPOSITION TO THE CONSOLIDATION OF THE VIRGINIA BEACH MIDDLE SCHOOL AND KEMPS LANDING MAGNET SCHOOL AT THE CURRENT SITE OF THE VIRGINIA BEACH MIDDLE SCHOOL WHEREAS, by Resolution adopted on December 2, 2003, the 13 School Board of the City of Virginia Beach (the "Board") voted 14 to consolidate Virginia Beach Middle School and Kemps Landing 15 Magnet School; and 16 WHEREAS, the Site Selection Committee, which was appointed 17 by the Board to identify a location for the new consolidated 18 school, examined numerous possible sites over a period of 19 eighteen (18) months; and 20 WHEREAS, the Site Selection Committee ultimately 21 recommended to the Board that the new consolidated school be 22 constructed on a site of approximately 26 useable acres, which 23 includes the current site of the Virginia Beach Middle School; 24 and 25 WHEREAS, in making its recommendation, the Site Selection 26 Committee recommended "that the School Board review its 27 consolidation decision to ascertain if the advantages of 28 consolidation still warrant moving ahead with a combined 29 Virginia Beach Middle/Kemps Landing Magnet School;" and 30 WHEREAS, the Site Selection Committee's recommendation that 31 the Board review its consolidation decision followed a lengthy 32 public comment meeting at Virginia Beach Middle School at which 33 residents living in proximity to the school described existing 34 traffic and drainage problems which, they believed, would be 35 exacerbated if the new consolidated school were to be 36 constructed on the site; and 37 38 WHEREAS, on February 8 , 2005, the Board voted to approve the Site Selection Committee's recommendation that the 39 consolidated school be constructed at the site of the current 40 Virginia Beach Middle School; and 41 WHEREAS, the City Council is concerned that the streets and 42 other public infrastructure in the vicinity of the current 43 Virginia Beach Middle School will be overburdened if the 44 proposed consolidated school is constructed at the proposed 45 site; and 46 WHEREAS, pursuant to Resolution Number 3113, adopted on 47 March 1, 2005, the City Council requested the School Board to 48 reconsider its decision to consolidate Virginia Beach Middle 49 School with Kemps Landing Magnet School; and 50 WHEREAS, at its April 19 meeting, the School Board adopted 51 a resolution temporarily suspending any attempts to acquire the 52 additional property identified as necessary for a combined 2 53 Virginia Beach Middle-Kemps Landing Magnet School and suspending 54 any additional financial obligation associated with the proposed 55 consolidation until two weeks after the Superintendent reports 56 back with findings on the following charges from the Board: 57 58 59 60 61 62 63 64 65 1. The identification of other school sites or Old Donation Center for possible consolidation with Kemps Landing Magnet School; The completion of a comparison of the future 2 . middle school enrollment with the current 3 . building capacity for middle school students; and The development of cost and preliminary design estimates for rebuilding Virginia Beach Middle School, both with and without acquiring 66 additional property; 67 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 68 OF VIRGINIA BEACH, VIRGINIA: 69 1. That the City Council hereby expresses its 70 opposition to the consolidation of Virginia Beach Middle School 71 and Kemps Landing Magnet School at the site of the Virginia 72 Beach Middle School, and discourages the School Board from 73 proceeding with the project and also declares that it will not 3 74 make City-owned property available for use in the project or 75 approve any street closures necessary for the project; and 76 2. That the City Council urges the School Board to 77 proceed with the analysis outlined in its action of April 19 and 78 to develop other options and initiatives to relocate the magnet 79 school and to construct a new Virginia Beach Middle School 80 compatible with land use patterns in the surrounding community. 81 82 Adopted by the Council of the City of Virginia Beach, 83 Virginia, on the 3rd day of ~~J , 2005. 84 85 CA-9601 86 P&A\GG\ordres\VBmiddleschoolsiteres.doc 87 R-4 88 May 3, 2005 APPROVED AS TO LEGAL SUFFICIENCY: ;;f? ~ City Attorney's ~e 4 Item V-L.1. APPOINTMENTS - 29- ITEM # 53892 BY CONSENSUS, City Council RESCHEDULED: FRANCIS LAND HOUSE BOARD OF GOVERNORS INVESTMENT PARTNERSHIP ADVISORY COMMITTEE PERFORMING ARTS THEATRE ADVISORY COMMITTEE TOWING ADVISORY BOARD May 3, 2005 - 30- Item V-L.2. APPOINTMENTS ITEM # 53893 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: William Almond Linwood Branch Lynn Clements Robert Fort Preston Midgett, II James B. Ricketts Michael Standing, Jr. Effective 5/1/05 No Term ADVERTISING SELECTION COMMITTEE Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, 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 May 3, 2005 - 31 - Item V-L.3. APPOINTMENTS ITEM # 53894 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Steven McNulty Unexpired to 12/31/05 plus 3 Year Term to 12/31/08 CHESAPEAKE BAY PRESERVATION BOARD Voting: 11-0 Council Members Voting Aye: Harry E, Diezel, Robert M. Dyer, 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 May 3, 2005 - 32- Item V-L.4. APPOINTMENTS ITEM # 53895 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Debra B. Dear-Rutecki Unexpired to 12/31/05 plus 3 Years COMMUNITY SERVICES BOARD Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, 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 May 3, 2005 - 33- Item V-L.5. APPOINTMENTS ITEM # 53896 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Dr. Lawrence Dotolo 3 Year Term 04/01/05 - 03/31/08 HEALTH SERVICES ADVISORY BOARD Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, 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 May 3, 2005 - 34- Item V-L.6. APPOINTMENTS ITEM # 53897 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Luiz A. Rivera Prescott Sherrod Edwin G. Tirona 2 Year Term 06/01/05 - 05/31/07 MINORITY BUSINESS COUNCIL Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, 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 May 3, 2005 - 35 - Item V-L.7. APPOINTMENTS ITEM # 53898 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Charles R. Wall Unexpired to 05/31/07 OPEN SPACE SUBCOMMITTEE Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, 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 May 3, 2005 - 36- Item V-L.8. APPOINTMENTS ITEM # 53899 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Jarrett Ammington - Senior, Student 05/01/05 - 05/31/06 PARKS AND RECREATION COMMISSION Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, 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 May 3, 2005 - 37- Item V-L.9. APPOINTMENTS ITEM # 53900 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: William H. Plackett 3-Year Term 03/01/05 - 02/28/08 PERSONNEL BOARD Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, 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 May 3, 2005 - 38- Item V-L.10. APPOINTMENTS ITEM # 53901 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Robert Riddle Unexpired to 06/30/06 SHORE DRIVE ADVISORY COMMITTEE Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, 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 May 3, 2005 - 39- Item V-L.l1. APPOINTMENTS ITEM # 53902 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Katherine Hill Unexpired to 06/30/07 SOCIAL SERVICES BOARD Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, 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 May 3, 2005 - 40- Item V-O. ADJOURNMENT ITEM # 53866 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:40 P.M. Cl~__{2~-Y~-dJ Bevert{b, Hooks, CMC Chief Deputy City Clerk rJ:~{;~r:;d! ~ City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia After ADJOURNMENT, Public Comments relative Non Agenda Items were heard. I __________._______________...__ .__.. May 3, 2005 - 41 - PUBLIC COMMENTS Non Agenda Items Lauren Floyd, 2692 SpringhaveDrive, Phone: 689-2758, spoke in opposition to the National Day of Prayer, Thursday, May 5, 2005, and the local Task Forces which will utilize, municipal facilities throughout the United States (including this Council Chamber). Mr, Floyd read from a Proclamation entitled "National Day of Reason ". Mr. Floyd is a member of various groups in the area: Church/State Separation Group, Free Thinkers and Aethists ofVirignia, Tidewater Atheists, and ACLU (Americans United in Separation of Church and State). Jenny Harvey, represented the Endependence Center, Transition Advocacy Team and every disabled individual, 114 Cromwell Parkway B-211, Norfolk, Virginia 23505, Phone: 747-1987, The Team realizes they can be seated on the front row of the Amphitheater, but want to experience the "Independence on the Hill"(accessibility to the lawn seating) with everyone else. Virginia Sprague, representing the Endependence Center and Transition Advocacy Team, distributed a petition in support of acessibilility to the lawn seating at the Virginia Beach Amphitheater, as well as data related to the Transition Advocacy Team and the Amphitheater., William Bailey, 4841 Rosecroft Street, Phone: 495-0637, represented himself. Mr. Bailey distributed an iriformation packet, which is hereby made a part of the record, of his investigation regarding the Emergency Medical Services (EMS) in Virginia Beach. Since July 12, 2004, Mr, Bailey has been filing complaints with the State EMS Department. Rescue Squad No. 14 on 17'h Street is the only squad in the organization that has not incurred violations to the State Code. This investigation does not involve the Police Union Mr. Bailey represents. Mr. Bailey has boxes of information related to this investigation and this same information has been provided to Channel 13, There being no further speakers, the Public Comment Session ended at 7:05 P.M May 3, 2005