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HomeMy WebLinkAboutOCTOBER 4, 2005 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDOmc, At-Lar[;e VICE MAYOR LOUIS R JONES, Bayside - Dls/rict .J HARRY E. D1EZEL, Kempsville - District 2 ROBERT M. DYER, Cen/erviile - District! REBA S. McCLANAN, Rose Hall - District 3 mCHARD A. MADDOX, Beach - District (, JIM REEVE, Princess Anne - District 7 PETER W SCHMIDT: A/-Large RON A VILLANUEVA, At-LOIXe ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA CITY MANAGER - JAMES K SPORE CITY ATTORNEY - L1"SLlIi L LILLEY COY CLIi'RK - RUTH HO!XiES SMI1H, MMC 4 OCTOBER 2005 CITY HALL BUILDING 240i COURTHOUSE DRIVE VIRGINIA BEACH, ViRGiNIA 23456-8005 PHONE:(757) 427-4303 FAX (757) 426-5669 E-MAIL: Ctycncl@vbgov.com I. CITY MANAGERS BRIEFING - Conference Room - A. PRINCESS ANNE COMMONS Cindy Curtis-Director, Department of Parks and Recreation B. FUND BALANCE PROPOSAL Catheryn Whitesell-Director, Department of Management Services II. COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA ITEMS V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Vice Mayor Louis R. Jones - Presiding B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 1:00 PM 2:30PM VI. FORMAL SESSION - Council Chamber - 6:00 P.M. A. CALL TO ORDER - Vice Mayor Louis R. Jones - Presiding B. INVOCATION: Reverend Robert A. V ogl Messiah Lutheran Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS September 27,2005 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA I. ORDINANCES/RESOLUTION 1. Ordinances to AMEND the regulation and rates of taxi cabs: a. City Code 9936-86,3696,36-115,36-156,36-157,36-172, and 36-177 b. Authorize a temporary increase in the maximum rates 2. Ordinance AUTHORIZING the execution of an Agreement re the terms and conditions of a water utility service between the Cities of Virginia Beach and Norfolk with Stephen Alexander Homes, Inc. at Pleasant Grove. 3. Ordinance AUTHORIZING a contract with Barker, Campbell and Farley [BCF] to administer the City's Advertising and Public Relations Accounts. 4. Resolution to ADOPT the City's 2006 Community Legislative Agenda and requesting that members of the City's local Delegation to the General Assembly sponsor and/or support legislation that would carry out the goals and objectives set forth thererin ~ J. PLANNING 1. Applications of the CITY OF VIRGINIA BEACH for the discontinuance, closure and abandonment of portions of: a. J efferson Avenue north of Virginia Beach Boulevard b. Monroe Avenue north of Virginia Beach Boulevard c. Monroe Avenue south of 19th Street d. Parks Avenue north of 18th Street e. Washington Avenue north of 19th Street f. Washington Avenue south of 19th Street g. Norfolk Place east of Washington Avenue h. Alley east of Parks Avenue i. Alley west of Parks Avenue (DISTRICT 6 - BEACH) DEFERRED August 23 and September 27,2005 RECOMMENDATION: APPROVAL K. APPOINTMENTS CITIZEN'S COMMITTEE re BRAC EASTERN VIRGINIA HEALTH SYSTEMS AGENCY HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA PARKS and RECREATION COMMISSION PERSONNEL BOARD (Alternates) PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COMMITTEE (COG) L. UNFINISHED BUSINESS M. NEW BUSINESS 1. City Council December Schedule N. ADJOURNMENT ~- MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 4 October 2005 Vice Mayor Louis R.. Jones called to order the CITY MANAGER'S BRIEFING re PRINCESS ANNE COMMONS in the Council Conference Room, City Hall, on Tuesday, October 4,2005, at 1:00 P.M. Council Members Present: Harry E, Diezel, Vice Mayor Louis R, Jones, Reba S. McClanan, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Mayor Meyera E. Oberndorf [Observing Rosh Hashanah) Robert M. Dyer [Entered: 2:00 P.M.] Richard A. Maddox [Entered: 2:00 P.M.] - 2 - C IT Y MANA G E R 'S B R IE FIN G PRINCESS ANNE COMMONS 1 :00 P.M. ITEM # 54435 The City Manager introduced Cindy Curtis, Director of Parks and Recreation to present a status report of Princess Anne Commons. Cindy Curtis advised, as the Team Leader of the Cultural and Recreational Opportunities Strategic Issue Team and Director of Parks and Recreation, it was her pleasure to introduce the status since this project commenced ten (10) years ago. Ms, Curtis advised Barry Frankenfield, Design and Development Administrator, will share information regarding the history and the potential future of Princess Anne Commons. Mr, Frankenfield advised on June 11, 2002, the presentation to City Council centered around the planning and development efforts of Princess Anne Commons. "Centered around World Class Athletic venues maximizing the best use of developable land existing within Princess Anne Commons and. consistent with the vision, the staff will evaluate the viability and compatible of uses proposed within this area, building upon the City's current investment in sports related facilities. The result will be a high quality economic and aesthetic presence which generates significant benefits to the community, " City Council initiated the Princess Anne Commons Master Planning effort in January 1995. "Lake Ridge" was purchased December 13, 1993 (1,193 acres for $8, I-MILLION at $6,800 an acre). This total city property is comprised of 1,500 acres with a current investment value of over $150-MILLION In Arlington County, the entire Parks infrastructure is nine hundred (900) acres. Mr, Frankenfield cited the Vision for Princess Anne Commons: "A great place to live, work, play and learn". Core Area - Lake Ridge )!Jorts!JI ex "Academic Village" Investment from State and Private Sources Tidewater Community College Higher Learning Center & Advanced Technology Center $ 75-MILLION Life Net $ 20-MILLION (over) Sentara - First Phase $ 45-MILLION Lake Ridge Area Old Princess Park Hampton Roads Soccer Complex Schools Farmers Market Amphitheater Phase 1 of Princess Anne Athletic Complex United State Field Hockey Parks and Landscape Services Office Princess Anne Little League Tournament Players Club and First Tee Golf Facilities S I October 4, 2005 - 3 - C IT Y MANA G E R 'S B R IE FIN G PRINCESS ANNE COMMONS ITEM # 54435 (Continued) Projects Tidewater Community College (TCC) Expansion: the City has allocated $15,938,290 in its six-year Capital Improvement Program for a portion of its anticipated costs. The City has purchased six (6) properties (along Rosemont Road, at the entrance and along Princess Anne Road) for the expansion of the campus. New Science Building - Spring 2007. Total state investment: $21.8- MILLION with the City providing $l,5-MILLION for site improvement. TCC's Master Plan also includes Student, Health Professionals, and Learning Resources Centers. The City and TCC are considering constructing a joint-use library facility serving both the college and the community. TCC'sfull strategic plan investment may approach $200-MILLION over the next ten (10) to twenty (20) years. Parks and Recreation management and maintenance of approximately 1,000 acres including Sportsplex, United States Field Hockey National Training Center and Phase 1 new Princess Anne Athletic Complex Elbow Road Extended: Would enable entrance to all facilities from either side of the City Completion of Phase 1 Princess Anne Athletic Complex Sod installed Mobilization for buildings started - completion Spring 2006 Soft Opening Spring 2006 Grand Opening Fall 2006 Princess Anne Commons Marketing and Events Coordinating Committee (An effort to develop and manage all the calendar events in the Princess Anne Commons, three hundred forty-six (346) events this year). The Committee publishes a monthly event calendar, maximizes marketing, advertising, increasing community awareness and sharing resources (such as parking). "Athletic Village" Opportunities Gateways and Trails - City Bikeways and Trails Capital Improvement Program Indoor Athletic Venue - Request for Proposal. Interest from soccer organizations for new lease partnerships - consider Request for Proposal for private/non-profit field development adjacent to Sportsplex. October 4, 2005 - 4 - C IT Y MANA G E R 'S B R IE FIN G PRINCESS ANNE COMMONS ITEM # 54435 (Continued) High priority items identified by the Bikeways and Trails Committee are: One (1) Mile Racing "Criterion ", Special events 5K Walk, connected trails, and Elbow Road extended. The stafJwill attempt to integrate the one (1) mile racing Criterion with Sportsplex Parking. The Special Events 5K walk could be integrated with the Sportsplex area development, This could also be utilized as a special events area and an alternative to the Oceanfront. James City Council has indoor soccer, volley ball, gymnastics and gym facilities which have become part of the mix with the outdoor facilities. The stafJ is working with Convention and Visitor's Bureau, through their economic Capital Improvement Projects, to develop a Request for Proposal (to be completed Spring 2006). Requests for Private Development Interest from Soccer Clubs for development of fields adjacent to Sportsplex Fifty (50) acres - consider Requestfor Proposal/Lease Process Spring 2006 160 undeveloped acres remaining: The AICUZ 75 DNL basically goes through these undeveloped areas and the Sportsplex on both sides of the proposed Southeastern Parkway and Greenbelt Mr. Frankenfield displayed a map of the complex identifYing the areas within theAICUZ: Sportsplex 70-75 DNL, remaining acres 65-70 DNL. No residential nor dormitories would be permitted in this area. The stafJ would coordinate all improvements with the Navy, Ms. Curtis advised, re utilization of the Sportsplex facility which has expanded, Buddy Wheeler, Sports Marketing, is coordinating with Parks and Recreation to bring the National Football experience to the City sometime in the May time frame. High School football, band competitions, et cetera have utilized this facility, which is completely booked for the remainder of the year. The NFL (National Football League) experience consists of activities in which children of all ages can participate. The children receive an appreciation of NFL football i. e. chance to "kick field goals ", throw footballs, tackle dummies. Mr. Wheeler advised Virginia Beach would be the only non-NFL (National Football League) city in which this NFL experience has appeared. The City also has a bid for the ACC Men and Womens' Soccer Championships. There will also be a potential Fall festival including Men and Womens' Soccer, Field Hockey, Cross Country and possibly Volley Ball in the Princess Anne Commons area. An NCAA Cross Country Championship has already been scheduled. The City Manager advised the City Council has the ability to approve whoever a purchaser of the TPC (Tournament Players) Golf Course may be in terms of the assignment of the lease. Ms. Curtis advised the utilization of the Sportsplex facility by High Schools is encouraged. Currently, the schools select dates of proposed games. There is only one constraint in terms of use. The Mariner's Franchise Agreement renders sole control of concessions, However, the High School booster clubs are allowed to sell T-shirts, programs (but no revenue from the concessions). As the schedule allows, the Sportsplex facility is provided to the school system without charge, October 4" 2005 - 5 - CITY MANA GER 'S BRIEFING PRINCESS ANNE COMMONS ITEM # 54435 (Continued) Mrs. Curtis advised there was a requet from Kellam High School to hold a band competition at the Sportsplex; however, the facility was booked and not available. Concern was expressed relative the expense of the concessions. Ms. Curtis advised the franchise agreement with the Mariners will be renegotiated in the near future. Councilman Diezel referenced the Youth Ice Hockey League (headquartered in the Aragona Village area) has requested a partnership with the City re a new facility. Ms. Curtis advised she has received several presentations from private entrepreneurs associated with indoor ice skatingfacilities. This information shall be shared with the City Council, Statistics shall be provided relative revenue derived from a Regional versus National Sports Event. October 4, 2005 - 6- C IT Y MANA G E R 'S B R IE FIN G FUND BALANCE PROPOSAL 1 :40 P.M. ITEM # 54436 The City Manger advised forwarding City Council a list of Potential Fund Balance uses. Since the list was forwarded, Council Lady Wilson suggested the addition of Lynnhaven House acquisition and EDIP (Economic Development Investment Program) funding. Potential Fund Balance Uses Description Estimated Cost Replenish the funding in the Site Acquisition Project, (The initial funding was used to acquire the $ 5,000,000 Laskin Road property (The Seasons at Birdneck Point, L.L. C. (Near Post) in conjunction with BRA C) Convert property sketches in Real Estate Assessor's Office to a format usable with the new Real $ 385,000 Estate Computer System (RACS) Additionalfundingfor road maintenance program $ 372,500 Police Helicopter and Hanger ($l-MILLION in DEAfunding is needed in addition to the $1,9- $ 1,900,000 MILLION) Thirty-eight (38) acres for Virginia Aquarium and Marine Science Center Stranding Center (total cost is $5- $ 1,000,000 MILLION with $2.5-MILLION coming from Virginia Aquarium and Marine Science Center Foundation; $1-MILLION from Open Space; and $500,000 from Stranding Center Project in addition to the $1- MILLION from fund balance Playground equipment replacement based on regulatory mandate $ 1,500,000 Law Enforcement Training Academy parking lot improvements $ 92,200 Engineering and design for 3,600 feet of road in Avalon Woods (the total cost of this project is $ 150,000 roughly $1,000,000. There is a possibility of having citizen participation in this project in terms of site acquisition and other costs) TOTAL $ 10,399,700 Relative the Avalon Woods project, Councilman Diezel advised this is a safety issue (reinvesting in older neighborhoods, reconditioning an existing road). There is also a possibility this will not be indicated in the Capital Improvement Program, The City Manager advised to replace the entire system of Playground equipment would entail approximately $2,5-MILLION Council Lady McClanan stressed the need to speak with the neighborhoods relative projects. Council Lady McClanan requested a list of the playgrounds involved. The neighborhoods believe they have ownership of the playgrounds. Council Lady McClanan expressed concern relative the expenditure of these funds in the list of potential fund balance uses because of the possible expenses involving BRA C. Council Lady McClanan requested a list of the EDIP funding expended in the past be provided. Council Lady Wilson emphasized the need for additional EDIP (Economic Development Investment Program) funding to attract businesses. Council Lady Wilson suggested $100,000 be deleted from Item 2 (road maintenance program) and $250, 000 be deleted from Item 5 (Playground equipment) and utilized for increasing the EDIP funds, Councilman Wood concurred with Council Lady Wilson re EDIP funding. October 4, 2005 - 7 - C IT Y MANA G E R 'S B R IE FIN G FUND BALANCE PROPOSAL ITEM # 54436 (Continued) The City Manager advised Public Works has requested $3,700,000 for additional funding for the road maintenance program. The revised amount of$372,500 will only cover the increased cost of concrete and other materials for paving. The issue re replenishing the funding in the Site Acquisition Project ($5,000,000) will be discussed in detail during the Closed Session. This fund is depleted. A Public Hearing re the Fund Balance proposal will be scheduled for October 25,2005, with a vote on November 1,2005. Catheryn Whitesell, Director - Management Services, advised the City Council, as the Public Hearing must be advertised. As long as the funding remains within the Total amount of$1 0,399,700, the City Council can rearrange the funding. The advertisement shall take $250,000 from Item 5 (Playground equipment) and ear mark for EDIP funding. October 4, 2005 - 8- CITY COUNCIL LIAISON REPOR TS 2:03 P.M. ITEM # 54437 Councilman Villanueva, Liaison to the Minority Business Council, distributed his report. The City's Minority Business Coordinator, Mrs, Barbara Booker- Williams, recently retired from the National Oceanic and Atmospheric Administration (NOAA), reported for work August 1, 2005. She has provided invaluable assistance in supporting this year's Minority Business Council Retreat; outreaching efforts with small, minority and women - owned businesses; and providing leadership to the Minority Business Council (MBC) Conference and Expo. The Annual Retreat, held at the new Convention Center on August 25, 2005, resulted in the development of goals and work plans for the coming year. Members of the MBC (Minority Business Council) volunteered to lead or co-lead each of the four (4) major goal areas: (a) Policy, (b) Outreach, (c) Economic/Business Development and (d) Skills Development The MBC Website has been improved and is currently serving as a place for on-line registration for the upcoming MBC Conference and Expo. Proposed changes in contractor requirements identified in earlier retreats as well as in the program outlined for City Council last Fall are designed to require greater accountability from prime contractors. The City Attorney's office has been working with the MBC to revise the City Code to require a Woman and Minority Participation with the Minority Business Council and to revise the City Code to require a Woman and Minority Participation Plan for all construction contracts in excess of$50, 000. Failure to submit a Woman and Minority Participation Plan will result in a bid being declared non-responsive; also, prior to final payment of a contract, the prime contractor will be required to provide documentation regarding the actual women and minority subcontractors utilized. Further, solicitations for goods and services over $50,000 will include at least three (3) women-owned, or minority owned, businesses. A meeting with the prime contractors with whom the City does business is being planned. The Finance Department and the Economic Development Department are partnering to produce an interactive CD as an aid to assist small, minority and women-owned businesses in doing business with the City, Economic Development Department's minority business specialist position that was approved in the current budget will be advertised within the next month. The 1h Annual Minority Business Council Conference and Expo is scheduled for November 2, 2005, at the new Convention Center. Speakers during the afternoon program include Mayor Meyera Oberndorf, Councilman Ron Villanueva, Louisa Strayhorn - Minority Business Council Chair and guest Speaker, Charlie Mills III, founder and CEO of Salera Capital Management, a minority-owned financial services and business consulting firm located in Sterling, Virginia, from January 2002 to September 2004. Mr. Mills was an appointee of Governor Mark Warner as Director of the Virginia Department of Business Assistance. October 4, 2005 -9- CITY COUNCIL LIAISON REPORTS ITEM # 54438 Mayor Oberndorf, Council Members Reeve and Schmidt are liaisons to the Open Space Program. Council Reeve distributed the report: Present Status Virginia Beach Outdoor Plan 2002 Updated, adopted by City Council in February 2001, is the current guidance document for open space and recreational planning. The Open Space Subcommittee (OSS) of Parks and Recreation appointed by City Council to oversee the open space acquisition process, recommend sites for acquisition and funding. The Open Space Subcommittee meets monthly, Staff support is provided by the Department of Parks and Recreation Thirteen (13) sites equaling 1,668 acres acquired since 2000 under the Open Space Program. Site Acquisition Capital Improvement Program (CIP) Stumpy Lake Natural Area largest acquisition to-date in June 2001 (1,500 acres) As of October 2, 2005, there is $20-MILLION of net Open Space Program unspent/unreserved appropriations Minus $3.7-MILLION "reserved" for 58 acres of open space sites, currently in due diligence phase of acquisition $16.3-MILLION is available for future acquisitions after the current reserved funds are considered. $3. 74-MILLION of $16.3-MILLION for Agricultural Reserve Program eligible areas Parks and Recreation undertaking long-term City -wide strategic planningprocess, which began in December 2004 to identifY indoor and outdoor recreational needs, goals and implementation strategies. Near-future actions The Open Space Subcommittee and Councilman Reeve recommended a proactive approach to determine additional open space need, critical acquisition sites and involve stakeholders/citizens. Use Geographic Information Systems to map existing undeveloped land and identifY existing and planned community resources by planning area Invite civic organization officers in each planning area to provide their input on open space needs and critical acquisition sites One of the nine (9) planning areas was discussed per monthly Open Space Subcommittee meetings (February to October 2005). First seven (7) community involvement workshops were held for Bayfront, Bayside, Courthouse/Sandbridge and Pungo/Blackwater, Holland, Kempsville, Little Neck and Great Neck Planning Areas. The ninth and final workshop is scheduled for October 24, 2005, at the Fire Training Center for the Oceanfront Planning Area. October 4, 2005 - 10- CITY COUNCIL COMMENTS 2:07 P.M. ITEM # 54439 Council Lady McClanan referenced the Ordinance authorizing the acquisition of property located at 201 Green Springs Court and appropriating $130,000 to Capital Improvement Project #3-336 (Spot Blight Abatement) (ADOPTED by the City Council on April 13, 2004). The home has not been sold, all the windows are boarded. The neighbors are very concerned. Jim Lawson, Public Works - Real Estate, advised the owner of the property and one of her relatives have not removed their personal possessions, The City Attorney and Housing and Neighborhood Preservation have been working with her to assist in the removal of this property. However, the owner has not complied. The house will soon be torn down. Mr, Lawson will advise Council Lady McClanan of the date. ITEM # 54440 Councilman Reeve complimented the Neptune Festival and especially the attendance with successful dedication of the Neptune Statue, Councilman Reeve inquired whether the organization of the event and locations are strictly the decision of the Neptune Festival. The City Manager advised the City reviews the proposals and coordinates the location; however, the planning is under the direction of the Neptune Festival. This is the first year the Thirty-first Park was available for events. October 4, 2005 - II - AGENDA RE VIE W SESSION 2:16P.M. ITEM # 54441 1.2. Ordinance AUTHORIZING the execution of an Agreement re the terms and conditions of a water utility service between the Cities of Virginia Beach and Norfolk with Stephen Alexander Homes, Inc. at Pleasant Grove Councilman Diezel expressed concern from citizens re the minimal acceptable water pressure along this road, prior to any water service hookup, Thomas Leahy, Director of Public Utilities, advised of a mis- communication as "flow tests" were performed at the hydrant on this street, If there are individual low pressure problems in this neighborhood, this would indicate something wrong with the individual meters. The developer wishes to build nine (9) homes on the Norfolk side of Newt own Road and connect to Virginia Beach's water line. This connection will be at the cost of the developer.. Vice Mayor Jones serves on the Board of Directors of Resource Bank, which has a business relationship with Stephen Alexander Homes, Inc., and will ABSTAIN on this item, ITEM # 54442 1.3. Ordinance AUTHORIZING a contract with Barker, Campbell and Farley [BeF] to administer the City's Advertising and Public Relations Accounts. James Ricketts, Director - Convention and Visitors Bureau advised the contract for advertising and public relations services for the Convention and Visitors Bureau and the Department of Museums and Cultural Arts which exists with BCF (formerly known as Barker Campbell & Farley) expires on December 31, 2005. Since there are no remaining options for additional renewals of the existing contract, it is necessary to solicit for advertising and public relations services through a competitive bid process using a Request for Proposal (RFP). John McConnell, Purchasing, advised the Advertising Agency Selection Committee met on May 3, 2005, to review and approve the Request for Proposal prepared by City Staff to select and recommend to City Council an agency to provide advertising and public relations services to the City. The Committee met on June 14, 2005, to review the proposed RFP and provide comments. The RFP was issued June 21, 2005, A pre-proposal conference was conducted on July 7, 2005. Proposals were received until 3:00 P.M July 26, 2005. On August 24, 2005, the Committee met and discussed, evaluated and ranked the proposals. The Purchasing Division shared the ran kings based on individual evaluations with the Committee. Rank Offeror Points Ft BCF 89.66 2nd Bohan 85.64 3rd Meridian 81.60 4th Otto 81,36 5th Creative Light/HCD 78.59 (Jh Davis & Company 75.27 ?h Communications Arts 69.43 October 4, 2005 -12 - AGE N DA REV IE W S E S S ION ITEM # 54442 (Continued) Based on the findings, the committee decided to shortlist the top four ranked Offerors. Bohan is very capable. They have handled Pigeon Forge ($1 O-MILLION), Gaylor and Opryland accounts, as well, as a number of resorts in Florida. ITEM # 54443 I4, Resolution to ADOPT the City's 2006 Community Legislative Agenda and requesting that members of the City's local Delegation to the General Assembly sponsor and/or support legislation that would carry out the goals and objectives set forth thererin The following shall be deleted per City Council's direction: Non Enabling Legislation Item No, 3: Codification of Joint Land Use Study Recommendations and Other Measures to Protect Naval Air Station Oceana - (pages 7- 9). City Funding Requests: Item No, 1: Base Realignment and Closure Commission Requirements (page 27) This item shall be discussed during Formal Session. Robert Matthias, Assistant to the City Manager, advised these items are "Placeholders" and December 6, 2005, is the deadline for General Assembly Members to prefile. January 11, 2005, is the deadline for pre- filed legislation to be introduced. Delegate Suit is movingforward to have legislation drafted. Councilman Villanueva referenced Item 12 (Community Input - VDOT Study on Telecommuting in Hampton Roads. This item did not contain "Background Information", Mr, Matthias advised this was a computer error. ITEM # 54444 BY CONSENSUS, thefollowingshall compose the CONSENT AGENDA: ORDINANCE/RESOLUTIONS II. Ordinances to AMEND the regulation and rates of taxi cabs: a. City Code 993686, 3696,36-115,36-156,36-157,36-172, and 36-177 b. Authorize a temporary increase in the maximum rates October 4, 2005 - 13- AGE N DA REV I E W S E S S ION ITEM # 54444 (Continued) 1.2. Ordinance AUTHORIZING the execution of an Agreement re the terms and conditions of a water utility service between the Cities of Virginia Beach and Norfolk with Stephen Alexander Homes, Inc, at Pleasant Grove. 1.3. Ordinance AUTHORIZING a contract with Barker, Campbell and Farley [BCF] to administer the City's Advertising and Public Relations Accounts. Vice Mayor Jones shall ABSTAIN on Item 1.2 (Pleasant Grove). PLANNING L. 7. Applications of the CITY OF VIRGINIA BEACH for the discontinuance, closure and abandonment of portions of a. Jefferson Avenue north of Virginia Beach Boulevard b. Monroe Avenue north of Virginia Beach Boulevard c, Monroe Avenue south of 19rh Street d. Parks Avenue north of 18th Street e. Washington Avenue north of 19th Street f Washington Avenue south of 19th Street g. Norfolk Place east of Washington Avenue h. Alley east of Parks Avenue i. Alley west of Parks Avenue (DISTRICT 6 - BEACH) Council Lady McClanan shall vote a VERBAL NA Y on Item L. 7 (City of Virginia Beach). October 4, 2005 - 14 - ITEM # 54445 Vice Mayor Jones entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344( A), Code of Virginia, as amended,for the following purpose: PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A) (1). To Wit: Appointments: Boards and Commissions: BRAC Task Force Beaches and Waterways Commission Eastern Virginia Health Systems Agency Health Services Advisory Board Historical Review Board Investment Partnership Advisory Committee- PPEA Parks and Recreation Commission Personnel Board (Appointment of Alternates) Public Library Board Review and Allocation Committee (COG) Evaluation of Council Appointees PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.2-3711(A)(3). Virginia Beach Aquarium and Marine Science Museum - Beach District Real Estate Update Bayside District Centerville District Kempsville District Beach District Rose Hall District L ynnhaven District LEGAL MA TTERS: Consultation with legal counselor briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2,2-3711 (A)(7). BRAC Upon motion by Councilman Schmidt, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION (2:38 P.M.). October 4, 2005 - 15 - ITEM # 54445 (Continued) Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf [Observing Rosh Hashanah) Richard A. Maddox (Closed Session: 2:328 P.M. - 5:30 P.M.) (Dinner: 5:30 P.M. - 5:50 P.M.) October 4, 2005 - 16- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL October 4, 2005 6:00 P.M. Vice Mayor Louis R. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, October 4, 2005, at 6:00 P.M, Council Members Present: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Mayor Meyera E. Oberndorf [Observing Rosh Hashanah] INVOCATION: Vice Mayor Louis R. Jones PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accountingfirm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and 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 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 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 ths disclosure. Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record. October 4, 2005 -17 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM# 54446 Upon motion by Councilman Schmidt, seconded by Councilman Villanueva, 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: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf October 4, 2005 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 54445, page 14, 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. ~L. th Hodges mith, MMC City Clerk October 4, 2005 - 18- Item V-F.1. MINUTES ITEM #54447 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED the Minutes of the SPECIAL SESSION of September 27, 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, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf October 4, 2005 - 19- Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM #54449 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION October 4, 2005 - 20- Item V-L ORDINANCE/RESOLUTIONS ITEM # 54450 Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION Items 2 and 3 of the CONSENT AGENDA. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E, Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E, Oberndorf Vice Mayor Jones ABSTAINED on Item 1.2. (Pleasant Grove) as he serves on the Board of Directors of Resource Bank, which has a business relationship with Stephen Alexander Homes, Inc. October 4, 2005 - 21 - Item V-LJ.a/b ORDINANCE/RESOLUTIONS ITEM # 54451 Richard 1. Yount, 3407 Norfeld Court, Phone: 368-0505, Taxi Driver, expressed concern re "temporary" changes, Virginia Beach is four (4) times the size of Norfolk who has had the rates changed twice and emergency reliefis also available. Mr. Yount drove in Norfolkfor twelve (12) years. Andrew Felix, 1544, 1541 Beachview Drive, Phone: 467-4752, owner of Andy's Cab Company, spoke in SUPPORT. Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council ADOPTED: Ordinances to AMEND the regulation and rates of taxi cabs: a. City Code SS 3686,3696,36-115,36-156,36-157,36-172, and 36-177 b, Authorize a temporary increase in the maximum rates Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf October 4, 2005 1 AN ORDINANCE TO AMEND SECTIONS 36-86, 36-115, 2 3 6 - 15 6 , 3 6 - 15 7, 3 6 -15 9 , 3 6 -1 7 2 AND 3 6 -1 7 7 OF 3 THE CITY CODE PERTAINING TO THE REGULATION OF 4 TAXICABS 5 6 SECTIONS AMENDED: ~~ 36-86, 36-115, 36-156, 7 36-157, 36-159, 36-172 AND 36-177 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 That Sections 36-86, 36-115, 36-156, 36-157, 36-159, 36- 13 172 and 36-177 of the City Code are hereby amended and reordained, 14 to read as follows: 15 Sec. 36-86. Central dispatch records or manifests. 16 Every certificate holder operating a taxicab or taxicabs under 17 this article shall keep and maintain in the city, at the place of 18 his or her ccntr~l diop~tch registered office location, a manifest 19 or permanent record, written or printed in ink, in a form 20 prescribed by the chief of police, showing for each day the number 21 of taxicabs operated, the driver of each taxicab, the origin and 22 destination of each trip made by each taxicab, the time of each 23 such trip and the amount charged for each such trip. The manifests 24 or records shall be delivered to the police department, upon demand 25 of the chief of police, for inspection by the chief of police or 26 any member of the police department. All such manifests and records 27 shall be maintained for at least twelve (12) months and shall be 28 available for inspection at all reasonable times by the chief of 29 police or any member of the police department. 30 31 Sec. 36-115. Issuance, contents and exhibition of tax assessment slip. 32 33 34 35 The commissioner of the revenue shall issue, with each license 36 decal issued under this division, a tax assessment slip showing the 37 name and address of the owner, the year, make, model and motor 38 number of the taxicab for which it was issued, and the number of 39 such license decal. Such slip shall be receipted by the city 40 treasurer, when the tax is paid. , ~nd exhibited by the dri~er of 41 the t~Jdc~b for '.:hich it T,:~D iDDued ~t ~ny time upon the requeDt of 42 ~ny l~~ enforcement officer. 43 44 36-156. Required. 45 All taxicabs operated in this city shall be equipped with a 46 taximeter which shall be in operation during the time when 47 passengers are transported and which shall be used to compute 48 fares. A taxicab operator may charge a flat rate for a fare 49 provided the meter is running and the flat rate charged does not 50 exceed the rates listed in ~ 36-172. 51 52 Sec. 36-157. Identification light. 53 Whenever any taxicab is engaged, there shall be conspicuously 54 displayed an identification light connected to the taximeter, 55 oper~ted mech~nic~lly by thro~ing the meter fl~g, which shall show 56 light when the meter is in operation, such light to be so located 57 and in such form, color and size as is prescribed by the chief of 58 police. 59 60 Sec. 36-159. Use when excessive fare is computed. 61 No person shall accept payment of a fare after knowing~ use 62 of a taximeter which computes a fare in excess of rates permitted 63 by division 6 of this article. A violation of this section shall 64 be deemed larceny and punishable as a Class I misdemeanor. 65 66 Sec. 36-172. Maximum rates for taxicabs. 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 (a) No person owning, operating, controlling or driving a taxicab wi thin the city shall charge an amount to exceed the following rates of fare: (1) For the first one-eighth of a mile or fraction thereof . $ 1.75 1.85 (2) For each succeeding one-eighth of a mile or fraction thereof. . 0.23 0.25 (3) Trunk charge. 0.50 (4) For each minute of waiting time . 0.23 If hired on an hourly basis, the rate of thirteen dollars and eighty cents ($13.80) per hour shall apply. (b) Notwithstanding the provisions of this section, taxicabs bringing passengers into this city from without the city shall charge the rates prescribed by the city or county in which they are licensed. (c) Any application for a fare increase under this section 83 shall include justification for such fare increase and such 84 financial and operating information as may be requested by the city 85 manager. The city council shall hold a public hearing before acting 86 on any such application for a fare increase, after public notice 87 for at least ten (10) days. 88 89 Sec. 36-177. Failure to pay. 90 It shall be unlawful for any person to engage or ride in a 91 taxicab without paying the legal fare therefor. A violation of 92 this section shall be deemed larceny and punishable as a Class I 93 misdemeanor. 94 Adopted by the Council of the City of Virginia Beach, 95 Virginia, on the 4th day of October, 2005. 1 AN ORDINANCE TO PERMIT A TEMPORARY INCREASE IN 2 THE MAXIMUM RATES FOR TAXICABS 3 4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 5 VIRGINIA BEACH, VIRGINIA: 6 7 From October 5, 2005 through December 3, 2005 a person owning, 8 operating, controlling or driving a taxicab within the city may 9 charge an additional .02 cents above the maximums listed in City 10 Code ~~ 36-172 (a) (1) and (a) (2) . 11 Adopted by the Council of the City of Virginia Beach, 12 Virginia, on the 4th day of October, 2005. - 22- Item V-L2. ORDINANCES/RESOLUTION ITEM # 54452 Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council ADOPTED: Ordinance AUTHORIZING the execution of an Agreement re the terms and conditions of a water utility service between the Cities of Virginia Beach and Norfolk with Stephen Alexander Homes, Inc. at Pleasant Grove. Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Reba S. McClanan, Richard A, Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Vice Mayor Louis R. Jones Council Members Absent: Mayor Meyera E. Oberndorf Vice Mayor Jones ABSTAINED as he serves on the Board of Directors of Resource Bank, which has a business relationship with Stephen Alexander Homes, Inc, October 4, 2005 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE APPROVING THE TERMS AND CONDITIONS OF A UTILITY SERVICE AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH, THE CITY OF NORFOLK, AND STEPHEN ALEXANDER HOMES, INC. FOR PROVISION OF WATER SERVICES TO PLEASANT GROVE, LOCATED IN THE CITIES OF VIRGINIA BEACH AND NORFOLK, AND AUTHORIZING THE EXECUTION OF THE AGREEMENT WHEREAS, Stephen Alexander Homes, Inc., a corporation in 12 the Commonwealth of Virginia, owns and plans to develop a 13 residential development known as Pleasant Grove ("Development"), 14 which lies along the boundary between the City of Virginia Beach 15 ("Virginia Beach") and the City of Norfolk ("Norfolk") i and 16 WHEREAS, pursuant to requirements for subdivision approval 17 in Norfolk, Stephen Alexander Homes, Inc. will install, at its 18 expense, public improvements, including drainage, water lines, a 19 pump station, and sewer force main within the Development and 20 offsi te; and 21 WHEREAS, Norfolk desires for the lots located within its 22 boundaries to be served by municipal sewer and water service but 23 does not have the facilities available to provide water service 24 to them; and 25 WHEREAS, Virginia Beach and Norfolk desire for the 26 Development to be developed as originally planned, utilizing 27 public improvements previously installed; and 28 WHEREAS, Virginia Beach desires to cooperate with Norfolk 29 in furnishing water services to the lots located in Norfolk; and 30 WHEREAS, Virginia Beach, Norfolk, and Stephen Alexander 31 Homes, Inc. propose to enter into a Utility Service Agreement 32 for the provision of water service by Virginia Beach to the 33 Development ("Agreement ") . 34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 35 OF VIRGINIA BEACH, VIRGINIA: 36 37 The terms and conditions of the Utility Service Agreement 38 between Virginia Beach, Norfolk, and Stephen Alexander Homes, 39 Inc. for provision of water service to the Pleasant Grove 40 subdivision, located In the cities of Virginia Beach and 41 Norfolk, are hereby approved. The City Manager is hereby 42 authorized to execute the Agreement and to do all things 43 necessary for its implementation. A summary of the material 44 terms of the Agreement is attached hereto and a true copy of the 45 Agreement is on file with the City Clerk 46 47 Adopted by the Council of the City of Virginia Beach, 48 Virginia on the 4th day of October , 2005. 49 Approved as to Content: Approved as to Legal Sufficiency: ~ Department of Public Utilities -A ~?, (~7Y City Attorney CA9686 September 20, 2005 R-2 2 Utility Service Agreement Between the City of Virginia Beach ("Virginia Beach") and the City of Norfolk ("Norfolk") and Stephen Alexander Homes, Inc. SUMMARY OF TERMS Purpose: To memorialize the responsibilities and obligations of Virginia Beach, Norfolk, and Stephen Alexander Homes, Inc. as they relate to the provision of water service to the Pleasant Grove residential development ("Development"), located on the boundary of Virginia Beach and Norfolk. Premises: Pleasant Grove residential development Term: Not defined All parties acknowledge that, except as provided in this Agreement, Virginia Beach is under no legal obligation to serve the Development or any other area located outside of Virginia Beach's boundaries. Responsibilities of Virginia Beach: . Provide water service in the area of the Development located within the municipal boundaries of Norfolk, generally described as an approximate 4.6 acre portion of the Development, as show in "Exhibit A" in the map attached hereto. . In exchange for providing water service to the residents of the Development, Virginia Beach shall be entitled to collect from the residents the normal and standard Virginia Beach water fees, . Expedite, to the extent possible, the permit application process in the event that Norfolk needs to obtain a permit from Virginia Beach for the performance of any activity related to the operation of the water facilities. Responsibilities of Norfolk: . Provide all municipal services to the portion of the Development located in Norfolk, except for water service. . Shall have access within Virginia Beach's streets, easements, and rights-of-way, as needed, for maintenance of the Development's sewage collection and pumping facilities. . Return any easement or right-of-way to its original condition after any maintenance or improvement is completed. Responsibilities of Stephen Alexander Homes, Inc.: . Install, at its own expense, public improvements, including drainage, water lines, a pump station, and sewer force main within the Development and offsite. . Complete design and installation of necessary sewage collection, pumping facilities, and portable water distribution facilities within the Development needed to serve the lots located in Norfolk. . Obtain compliance with all applicable ordinances pertaining to the development of the subject property in the particular city where each portion is located. . Design and install, through its agent, sewage collection and pumping facilities for the Development in accordance with the standards and specification of the Norfolk Department of Utilities, PLEASANT GROVE Utility Service A2:reement This Agreement made this f!.th day of MRY , 2005, by and among the CITY OF VIRGINIA BEACH, a municipal corporation of the State of Virginia, hereinafter referred to as "Virginia Beach" and the CITY OF NORFOLK, VIRGINIA, a municipal corporation of the State of Virginia, hereinafter referred to as "Norfolk" and STEPHEN ALEXANDER HOMES, with its address at 820 Greenbrier Circle, Suite 3, Chesapeake, Virginia 23320, a corporation in the State of Virginia, or its assigns, hereinafter referred to as "Stephen Alexander Homes." WITNESSETH: WHEREAS, Stephen Alexander Homes owns and plans to develop a residential development known as Pleasant Grove (hereinafter referred to as "Development"), which lies along the boundary between Virginia Beach and Norfolk; and WHEREAS, pursuant to requirements for subdivision approval by Norfolk, Stephen Alexander Homes will install, at its expense public improvements including drainage, water lines, a pump station and sewer force main within the Development and offsite, such facilities being so sized as to meet the needs of the said Development; and WHEREAS, Norfolk and Virginia Beach desire for the Development to be developed as originally planned, utilizing public improvements previously installed; and WHEREAS, Norfolk desires for the lots located within its boundaries to be served by municipal sewer and water service but does not have facilities available to provide water service to them; and WHEREAS, Stephen Alexander Homes intends to complete design and installation of the necessary sewage collection, pumping facilities and potable water distribution facilities within the Development needed to serve the lots located in Norfolk and dedicate the same to Norfolk; and WHEREAS, Virginia Beach desires to cooperate with Norfolk in furnishing these services to those lots located in Norfolk. NOW, THEREFORE, this Agreement witnesseth: That for and in consideration of the premises and mutual agreements herein contained, Virginia Beach, Norfolk and Stephen Alexander Homes do hereby agree as follows: 1. The water service to be provided by Virginia Beach in Norfolk pursuant to this Agreements is limited to that area of the Development located within municipal boundaries of Norfolk, generally described as an approximate 4.6 acre portion of Pleasant Grove, as generally located on the attached locality map, entitled "Exhibit A" It is specifically agreed that this Agreement relates to provision of water service only and that all other municipal services will be provided to the subject area by Norfolk. 2. Stephen Alexander Homes and Norfolk acknowledge that Virginia Beach is under no legal obligation to service this or any other area located outside its boundaries except under the terms hereof. Stephen Alexander Homes shall be responsible for obtaining compliance with all applicable ordinances pertaining to the development of the subject property in the particular city where each portions is located. 3. Stephen Alexander Homes shall design and cause to be installed, through its agent, the specific sewage collection and pumping facilities for the referenced areas in 2 accordance with the standards and specifications of the Norfolk Department of Utilities and further agrees to dedicate said facilities and necessary easements upon completion to Norfolk. 4. Virginia Beach and Norfolk agree that upon approval and acceptance of the sewage collection and pumping facilities by Norfolk, such facilities shall become part of the Norfolk Utility System and Virginia Beach shall have the right to provide water service to the subject area in Norfolk. Norfolk further agrees that the provisions of the Code of the City of Virginia Beach governing such services and the fees relating thereto shall be in full force and effect in that portion of Norfolk where service is so provided. 5. Norfolk shall have perpetual access within Virginia Beach's streets, easements and rights-of-way as necessary for maintenance of the specified Pleasant Grove sewage collection and pumping facilities. Norfolk will return such easements and rights-of-way to their original condition after any maintenance or improvements. In any case where it may be necessary for Norfolk to obtain a permit from Virginia Beach for the performance of any activity related to the operation of the said water facilities, Virginia Beach agrees to expedite to the greatest extent possible the permit application process and agrees to apply the same criteria thereto as if the applicant were the Virginia Beach Department of Public Utilities. 6. Virginia Beach agrees that, upon installation of taps and meters, it will sell water to the residents of the Development and that in return for these services may collect from the residents the normal and standard Virginia Beach water fees, provided, however, that any agreement to provide water service is specifically contingent upon the continued consent of the City of Norfolk, pursuant to the 1993 Water Services Contract between Norfolk and Virginia tBeach, as amended. 3 IT WITNESS WHEREOF Virginia Beach has caused this Agreement to be signed in its name and on its behalf by James K. Spore, city Manager, and its corporate seal to be hereto affixed and attested by its City Clerk, pursuant to Ordinance adopted by its Council on _ day of , 2005; and Norfolk has caused this Agreement to be signed on its behalf by Regina V.K. Williams, City Manager, and its corporate seal to be affixed and attested by its City Clerk, pursuant to Ordinance adopted by its City Council on the .3nL day of MRY 2005; and Stephen Alexander Homes has caused this Agreement to be signed in its name and on its behalf by Alex.. QI.\",c.k , President and the corporate seal to be hereto . #.. affixed and attested by Its Secretary on the ~ day of f\~~ ,2005. CITY OF VIRGINIA BEACH By: James K. Spore, City Manager ATTEST: City Clerk By: ATTEST: ~~,~ APP~/~7d a~ ;? ,,~~, 1./ " '_ _.//; ,':?j-~.__~'J/~'; :"-- - . -'~ "-w-'~ -' \{\\.,,\ :-~. Contents: ) ' .:(-~; r Conte~ts Approved: 1./ ~ J/ / / i;\k., L- /} 7 c: It) / ( ) Utilities I FOJID & Correctness AP;~ / 4 STEPHEN ALEXANDER HOMES By:;J~V 9 LWk ATTEST: ~r-:!fL~ State of Virginia City of Virginia Beach, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that James K. Spore, City Manager and City Clerk, for the City of Virginia Beach, whose names as such are signed to the foregoing Agreement, have acknowledged the same before me in my City and State aforesaid. Given under my hand this day of ,2005. Notary Public My Commission expires: State of Virginia City of Norfolk, to-wit: I, ...;r~' >>. >>~tf..&J, a Notary Public in and for the City and State aforesaid, do hereby certify that Regina v.K. Williams, City Manager and 12- . ~ -,; tlA.Aj~ City Clerk, for the City of Norfolk, whose names as such are signed 5 ,m to the foregoing Agreement, have acknowledged the same before me in my City and State aforesaid. Given under my hand this J,JJj day of me<.; ,2005. J-~' >>,' n.-J. cL..e-v Notary Public C/ My Commission expires: <:1 - -3. / - 0 c, State of Virginia City of Norfolk, to-wit: I --;::> \ ," (', I' .- . , ~""-,,,,,,,""~~~'~'-"" , a Notary Public in and for the City and State aforesaid, do hereby certify that /~ \-'Z,:'- Q 0 . c\<- President and S~kC\ g, awck]l[ , Secretary for Stephen Alexander Homes, whose names as such are signed to the foregoing Agreement, have acknowledged the same before me in my City and State aforesaid. Given under my hand this \ \"'--- day of ~\J-.-..~u '\ ,2005. .... '.---'<- . " ~ ~.- \ "'''''::;' <-";,-'-'_~,t>......_ --"-~-" - ~~ Notary Public My Commission expires: 2.. -- :2_ ~ - O'"l 6 LUUJ 0, I J i III 11 U . J 0 L 1 r, J/ J \\ EXHIBIT A ~// f ~ c ~ ,- - ~ ... n5 f '" \ ~ u g ci z (j '" '" 6: N en , uf ;::: '" ~ II> 0 ~ VICINITY MAP SCALE: 1 "=2000' ... 0 ~ .e - <.> " '" 0 e ~ <0 >< \ 0 ~ ~ ;$) it ~ 8 oj '" .:: ~ ~ Ul 0 ~ ~ .>< .c; ~ L.. U o c ill II> Q.. " ::it u Ul (Xl 8 ~ .. II> 0 C (LJ .- c 'g. .~ .~ '" I a:: w~5 ~ ~ ~~ co ~ ~ 0.~ \ ~ ~ ~ CI) :r n. '\ SIA '1:- AREA 15.064 O. . 8. 91 SO. fT. , 06 SO. roo SO. FT. SQ, . S. . 0_ . , fT. 9 7 SO. FT. 10 120 663 SO. fT. PUMP STATION 3169 S FJ, TOTAl AREA '20 MAXlt.lUl.t AU.OWABl[ IMPER\100s AREA fOR lOTS i -9 IS 50:1 OF THE LOT ARt... \ LOT T AS LOT I 2 3 4 5 7 z ~ i z Q;::!; <t: Q ::>2: ", ~ CI)~ -:t.~~~s: ~::> O~ -fI) a:..J ~ ~ Of( U1~. .!za: ::i <(~ ~ ~ D.. ..J Il.. ,#' ~\'< 1~' ~\. C\>1.~ JOB * 8f,41-402 own FILE: SJTEPlAN DATE, 10-5-001- SCALE, 1-60' SHEET NUMBER --....!...- Of ----L- ,;ll - 23- Item V-L3. ORDINANCES/RESOLUTION ITEM # 54453 Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council ADOPTED: Ordinance AUTHORIZING a contract with Barker, Campbell and Farley [BCF] to administer the City's Advertising and Public Relations Accounts. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E, Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf October 4, 2005 1 2 3 4 5 6 7 its AN ORDINANCE AUTHORIZING MANAGER TO ENTER INTO A BEHALF OF THE CITY WITH BCF THE CITY/S ADVERTISING RELATIONS ACCOUNTS THE CITY CONTRACT ON TO ADMINSTER AND PUBLIC WHEREAS I THE City/s existing contract for administration of advertising and public relations accounts I and all renewals 8 thereofl expires on December 311 2005i 9 WHEREAS I by ordinance adopted May 31 20051 City Council 10 established the Virginia Beach Advertising Agency Selection 11 Committee for the purpose of selecting the agency that is the 12 most qualified to administer such accounts beginning January 11 13 2006i 14 WHEREAS I with guidance and input from the Committee I the 15 City issued a Request for Proposals (RFP) on June 211 20051 for 16 the selection of an agency to administer such accountsi 17 WHEREAS seven (7) agencies submitted proposals in response 18 to the RFP i 19 WHEREAS I the Committee evaluated and ranked the proposalsl 20 and chose four (4) agencies for further consideration based upon 21 a determination that the four agencies chosen were the most 22 qualified to perform the services outlined in the RFP in a 23 manner most consistent withl and favorable tOI the City/s needsi 24 WHEREAS I the four top-ranked agencies made creative 25 presentations to the Commi t tee in an effort to further 26 demonstrate their ability to administer the accountsi and 27 WHEREAS, based upon the written proposals and the 28 presentations, the Committee determined that the BCF agency 29 provided the best proposal and, therefore, is the most qualified 30 agency to provide services outlined in the RFP at a level most 31 consistent with, and favorable to the City's specific needs. 32 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 33 OF VIRGINIA BEACH, VIRGINIA: 34 That the City Manager is hereby authorized to enter into a 35 contract, on behalf of the City, with BCF to administer the 36 City's advertising and public relations accounts. 37 Adopted by the Council of the City of Virginia Beach, 38 Virginia on the 4th day of October , 2005. Approved as to Content Approved as to Legal Sufficiency <t~ iC'~(J---- Convention and Visitors Bureau ~ jdj m !. K" ~ liL^'- City Attorney s Office CA9769 H:\PA\GG\OrdRes\Ad Agency ORD R-1 September 29, 2005 - 24- Item V-L4. ORDINANCES/RESOLUTION ITEM # 54454 The following registered to speak: Joe Ferrara, 209 Cheltenham Drive, Phone: 572-9236, representing residents in the APZ1 at Cheltenham Square, Nottingham Estates and Gatewood, advised BRAC is an issue which affects all and requested (Non Enabling Legislation): Item 3: Codification of Joint Land Use Study Recommendations and (City Funding Requests Item No. 1 :Base Realignment and Closure Commission Requirements be modified Sam Reid, 1533 Virginia Beach Boulevard, Phone; 432-5648, referenced (Community Items) Item 5: Eminent Domain and Item 7: Preserving Naval Air Station Oceana, Ronald Banzi, 444 North Adventure Trail, Phone: 340-7581, expressed concern re Eminent Domain Upon motion by Councilman Maddox, seconded by Council Lady Wilson, City Council ADOPTED, AS AMENDED: *Resolution to ADOPT the City's 2006 Community Legislative Agenda and requesting that members of the City's local Delegation to the General Assembly sponsor and/or support legislation that would carry out the goals and objectives set forth therein *The following shall be deleted per City Council's direction: Non Enabling Legislation Item No.3: Codification of Joint Land Use Study Recommendations and Other Measures to Protect Naval Air Station Oceana - (pages 7 - 9). City Funding Requests: Item No.1: Base Realignment and Closure Commission Requirements (page 27) Voting: 9-1 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A, Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan** Council Members Absent: Mayor Meyera E. Oberndorf October 4, 2005 - 25 - Item V-L4. ORDINANCES/RESOLUTION ITEM # 54454 (Continued) **Council Lady McClanan indicated an A YE VOTE on the following 2006 Community Legislative Agenda items: New Enabling Legislation Item 1: After School Licensure for "Come and Go" exemption in Virginia Beach Page 6 Item 2: Bifurcated Tax Rate Page 6 Item 4: Deferral Portion of the Real Estate Tax Page 9 Item 5: Enforcement of Inoperable Motor Vehicles Page 10 Item 1 0: Tax Relief for Senior Citizens - Constitutional Amendment Page 19 Item 11: Tidewater Community College/Virginia Beach Joint Use Library Page 19 Opposes Change in Status Quo Item 2: Pruning and Trimming of Trees Surrounding Billboards Page 21 Item 4: Public Safety - 911 Tax Page 23 State Funding Requests Item 3: Community Services Board Page 33 Item 1 0: State Aid to Public Libraries Page 39 October 4, 2005 1 A RESOLUTION ADOPTING THE CITY'S 2006 2 COMMUNITY LEGISLATIVE AGENDA AND 3 REQUESTING THAT MEMBERS OF THE CITY'S 4 LOCAL DELEGATION TO THE GENERAL 5 ASSEMBLY SPONSOR AND/OR SUPPORT 6 LEGISLATION THAT WOULD CARRY OUT THE 7 GOALS AND OBJECTIVES SET FORTH THEREIN 8 WHEREAS, the City Council traditionally adopts a Community Legislative Agenda and 9 requests member of the City's local Delegation to the General Assembly sponsor and/or support 10 legislation therein; and 11 WHEREAS, the City Council has considered a number of goals and objectives for 12 inclusion in the city's 2006 Community Legislative Agenda; and 13 WHEREAS, as in past years, a Safety Addendum Package, not part of the formal 14 Agenda, is included for consideration by the General Assembly; 15 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 That the City Council hereby adopts the City's 2006 Community Legislative Agenda, 18 which is attached hereto as Exhibit A and is hereby incorporated by reference. 19 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 20 BEACH, VIRGINIA: 21 That the City's Delegation to the General Assembly is hereby requested to sponsor and/or 22 support legislation in the 2006 Session of the General Assembly that would carry out the goals 23 and objectives of the City as set forth in its Community Legislative Agenda. 24 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 25 BEACH, VIRGINIA: 26 That the City Clerk is hereby directed to transmit a copy of this resolution to each 27 member of the City's local Delegation to the General Assembly. 28 Adopted by the City Council of the City of Virginia Beach, Virginia, this -1 th day of 29 October ,2005. APPROVED TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: /?~~ City Attorney's Office CA9767 H/P&NGG/ordres/CLA Resolution September 28, 2005 R-1 COMMUNITY ll6ISLA TIVE AGENDA GENERAL ASSEMBL1r' SESSION 2006 CIIT OF JlJR6/NIA BEACH BUILDING tit A COMMUNITY' FOR A UFETIlMir' MUNICIPAL CENTER BUILDING ONE 2401 COURTHOUSE DRIVE, SUITE 234 VIRGINIA BEACH, VIRGINIA 23456 f0- E o u Qj u :E o c: .2 ii5 E o ~ g J5 ::J Cl. l!!- en o -, Q) o ro u :ri .<::: c.. co 0, o (5 .<::: Cl. co 'c .~ :> .<::: U co Q) CD co 'c .~ :> a> c: ::J l5.. Q) :z 0> c: S2 Draft 10103/05 2006 COMMUNITY LEGISLATIVE AGENDA CITY OF VIRGINIA BEACH TABLE OF CONTENTS 2006 Community Le!!islative A!!enda Table of Contents Preface DELETED City of Vir!!inia Beach Non-Fundin!! New Enablin!! Le!!islation 1. After School Licensure for "Come and Go" Exemption in Virginia Beach - Placeholder 2. Bifurcated Tax Rate 3. Codification of Joint Land Use Study Recommendations and Other Measures - Placcholdcr 4. Deferral Portion of the Real Estate Tax 5. Enforcement of Inoperable Motor Vehicles 6. Local Capture of Sales Tax from Certain Redevelopment Projects 7. Photo-Monitoring, Reenactment of Authorization 8. Public Safety - Modifications to Wireless 911 Funding Formula 9. Retirement Coverage for Emergency Medical Technicians 10. Tax Relief for Senior Citizens - Constitutional Amendment 11. Tidewater Community CollegeNirginia Beach Joint Use Library Opposes Chan!!e in Status Quo 1. Post Labor Day Opening for Schools 2. Pruning and Trimming of Trees Surrounding Billboards 3. Public Library Director Requirements 4. Public Safety - 911 Tax 5. Public Safety - Enhanced 9-1-1 for Multi-line Telephone Systems City of Vir!!inia Beach Fundin2 Items City Fundin!! Requests DELETED 1. -2:- 3. 4. 5. Base Realignment and Closure Commission Requirement - Placeholder Contemporary Art Center of Virginia Beach Virginia Aquarium & Marine Science Center Animal Care Enhancements Virginia Beach Convention Center Funding Virginia Beach Performing Arts Center Capital Funding State Fundin!! Requests 1. Army Corps of Engineers 216 Study of Kerr Reservoir 2. "Authors of Liberty" Exhibition Support in 2007 2 Pa!!e # 2 4 6 6 7 9 10 11 12 15 16 19 19 20 21 23 23 25 27 27 28 29 30 31 32 2006 Community Le!!islative A!!enda Pa!!e # 3. Community Services Board 33 4. Elizabeth River Restoration: Sediment Cleanup and Wetlands Restoration Funding 34 5. Emergency Medical Services Return to Localities ("4 for Life") Funding Resolution 35 6. Hydrilla Eradication and Management on Lake Gaston 36 7. Infopowering the Commonwealth: Find It Virginia 37 8. Internet Access and State Aid to Public Libraries 37 9. Matching Funds for Local Housing Trust Funds 38 10. State Aid to Virginia Public Libraries 39 11. Transportation Funding 39 Community Input 1. Chesapeake Bay Preservation 42 2. Clean Community Funding 42 3. Community Corrections Funding Support 42 4. Disaster Preparedness 43 5. Eminent Domain 43 6. Law Enforcement Funding for Appropriate Manning Levels of Personnel 43 7. Preserving Naval Air Station Oceana 43 8. Human Services 44 9. Identity Theft 44 10. Property Taxes 44 11. Transportation 44 12. VDOT Study on Telecommuting in Hampton Roads 45 City of Vir!!inia Police Department Public Safety Addendum See separate booklet for details '... 3 2006 COMMUNITY LEGISLATIVE AGENDA CITY OF VIRGINIA BEACH PREFACE The 2006 General Assembly Session will be the start of a new biennium for the Commonwealth thus the need to establish program and budget priorities for the next two years. Virginia Beach and other local governments believe that the General Assembly has much to accomplish during this upcoming session with issues of taxing powers, education, current fiscal year obligations regarding tax reimbursements to localities and transportation. Local governments are concerned as to what the General Assembly may decide to do regarding limiting local government powers. The General Assembly will hear many calls to limit assessment increases, property tax increases or rate increases. Virginia Beach and most local governments are adamantly opposed to any such limitation. The City Council of Virginia Beach, through the budget process for 2006, cut the real estate tax rate by $.1725 on top of the rate cut of $.0236 accomplished during the 2005 budget process. Assessments are increasing in Virginia Beach and City Council is doing the right thing for citizens by lowering the rate. City Council does not need the assistance of the General Assembly to set property tax rates, to allow homestead exemptions or to cap assessment increases. City Council responds to its citizens and their concerns. The gubernatorial candidates have discussed that the General Assembly should, in return for capping assessments or establishing homestead exemptions, fully fund state services. City Council has repeatedly requested for many years that the General Assembly fully fund state services. For example, the amount of funding for the Standards of Quality (SOQ) does not fund the Standards of Learning (SOL). Virginia Beach still provides over $138.3 million of local funds for our education system above and beyond what is required by the SOQ. Furthermore, the state has continually under-funded other state services such as courts, social services, public safety and mental health. The state should fully fund these services before it begins limiting localities' ability to provide the funding necessary to keep these services in operation. The General Assembly should address the under-funding of the Car Tax Relief Program. When the car tax was capped during the 2004 General Assembly Session, there was approximately $270 million of under-funding of car tax reimbursement to localities. This means localities that send billings to citizens during the Spring, such as Virginia Beach, are not reimbursed from the fiscal year the citizens are receiving the property tax relief, but are being reimbursed the following fiscal year. This is an ongoing obligation of the Commonwealth and the state should refund localities for current fiscal year obligations with current fiscal year resources. 4 The General Assembly has not addressed the transportation issues that have been in City Council's Community Legislative Agenda for many years. Funding for transportation in the amount of $850 million was provided on a one-time basis during the 2005 General Assembly Session. Much of this funding was appropriated to previously completed projects. City Council is against using on-going streams of revenue from the general fund for transportation. The general fund revenues should be spent on courts, social services, public safety and mental health - all the public services that are vital to each and every citizen. The General Assembly needs to establish increased streams of revenue for transportation so that the timely movement of goods and services can be addressed. The security of our economy and the welfare of Virginia citizens are paramount. The General Assembly has let our economy and welfare fall behind everyday because transportation has not been seriously addressed. Virginia Beach lost approximately 300,000 overnight visitors because of the bottlenecks experienced on 1-64, 1-264 and other Hampton Roads crossings. The General Assembly should fund those programs or allow local governments and regions to generate the money for local use. There are additional details on the transportation funding necessary to correct the Commonwealth's shortfall in the "City of Virginia Beach 2006 Funding Items" section of this Agenda. 5 CITY OF VIRGINIA BEACH 2006 NON-FuNDING ITEMS New Enablinl! Lel!islation 1. After School Licensure for "Come and Go" Exemption in Virginia Beach Cindy Curtis Department Director Parks & Recreation Background Information: The State Department of Social Services (DSS) has advised the city that it can no longer operate its after-school programs at 64 locations under the "Come and Go" exemption. A recent trial in Richmond District Court overturned a similar DSS ruling but it only applies within that district. DSS representatives have publicly stated their intent to change the Code of Virginia to disallow this exemption. Discussions with Mayor Meyera E. Oberndorf and Senator Kenneth W. Stolle have revealed that the city should be prepared to fight for a continuance of the exemption or promulgate a change to the Code of Virginia to allow a special exemption to all government after school programs. Therefore, a placeholder has been requested to allow time to develop a response to any move by DSS and to prepare code changes to the Code of Virginia. Request: The General Assembly is requested to.. . PLACEHOLDER.. .language is being developed by city staff. 2. Bifurcated Tax Rate City Council City of Virginia Beach Background Information: Under current Virginia law, localities must tax business, commercial and residential property under the same rate structure. Residential property if Virginia Beach carries a disproportionate burden of the taxes paid; however, any relief on the tax burden given through a rate reduction means the same rate reduction is given to business and commercial property. In order to moderate tax assessments, the City Council desires to have bifurcated rates for business/commercial and residential. 6 Request: The General Assembly is requested to adopt legislation allowing localities to have a bifurcated rate, i.e. charge one rate for business/commercial and a separate rate for residential properties. If a Constitutional Amendment is necessary to effectuate this change, the General Assembly is requested to commence that process during this Session. 3. Codification of Joint Land Use Study Recommendations and Other Measures to Protect Naval Air Station Ocean a - PLACEHOLDER City Council City of Virginia Beach Background Information: The City of Virginia Beach, as part of the Joint Land Use Study (JLUS), embarked on an implementation plan to protect Naval Air Station Oceana (NASO). During the Base Realignment and Closure (BRAC) process, Delegate Terrie Suit proposed a number of items that would be introduced in the 2006 General Assembly Session to make permanent the City's and Commonwealth's commitment to protect NASO. The City Council agreed to Delegate Suit's proposals to codify a number of recommendations t..a.k.....~n.. fro......m...............,... m:I...,.......... t...h.e. J~........'..............'..~.... .\............ ..'...~.A .ntl~i'j:~ propose pro~rams that WOUld. furthe.....................r............... e...............nh......... .....an.... ..c..e tn.. "......'5". ........ Idf~lfUII~ recommendatIOns. They are as... fOllOWS.......,...,.............................................................. ....'..........................................., IJI..",.,.."".",.,.,...,'.".,,'... n".,... d,.. CI.:.. u m I57W ~i'.'..'O'...".,,'."',..... ." "" ri t .. .~ .; . .;" a. Sta e-M " '" 'i r~:\: ~~~:~u~res the cities of Chesapeake and , zomng I'~dinances that require the governing body to idelines in deciding discretionary development applications rezoning, conditional use permits) for property in Noise Zones 70 dB DNL or greater. b. Purchase of Development Right (PDRs) Housed Under the Aviation Board -- Legislation would establish a State program for the purchase of property rights on developed and undeveloped land in Accident Potential Zones in Chesapeake and Virginia Beach. Property rights to be purchased may include development rights or fee simple title. Purchases to be funded by state and federal governments; in addition, each locality may provide funding for purchases within its own jurisdiction. The Program would be administered by a State commission members of which would be appointed by the Governor or General Assembly. Property to be acquired would have by-right development potential (i.e., no approvals needed by the governing body) for uses deemed incompatible with AICUZ guidelines. c. Codification of Joint Land Use Study (JLUS) -- Legislative Services (General Assembly staff) to examine JLUS recommendations to determine suitability for statutory enactments of other recommendations. 7 d. Evaluation of Undeveloped Properties -- Legislation would require cities of Virginia Beach and Chesapeake to evaluate undeveloped property in Noise Zones 70dB DNL and greater to determine the suitability of rezoning to different zoning district classifications that would not allow uses incompatible with AICUZ guidelines. e. Interfacilitv Traffic Area -- Cities of Virginia Beach and Chesapeake to develop programs for the purchase of development rights in NAS Oceana - NALF Fentress flight path (Inter-facility Traffic Area). Purchases could include fee simple title or lesser interests, so long as effect would be the elimination of uses deemed incompatible with AICUZ guidelines. f. Request: The General Assembly is requested to enact legislation to implement the JLUS between Virginia Beach, Chesapeake and the Navy and to codify the implementation plan to guarantee the future of NASO as presented by Delegate Suit and other members of our delegation. The General Assembly is also requested to address the requirements placed on Virginia Beach and Chesapeake by the BRAC Commission to maintain NASO. Motion Number 193-4A (at Chapter XI, Section 193 of the Bill) was presented during the BRAC hearing dated August 24,2005. It states: ". . . that the Commission add to the list of installations to be closed or realigned the recommendation: -- 'Realign Naval Air Station Oceana, Virginia by relocating the East Coast Master Jet Base to Cecil Field, Florida, -- if the Commonwealth of Virginia and the municipal governments of Virginia Beach, Virginia and Chesapeake, Virginia fail to enact and enforce legislation to prevent further encroachment of Naval Air Station Oceana by the end of March 2006, to wit: 8 -- enact State-mandated zoning controls requmng the cItIes of Virginia Beach and Chesapeake to adopt zoning ordinances that require the governing body to follow Air Installation Compatibility Use Zone (AICUZ) guidelines in deciding discretionary development applications for property in Noise Level 70 dB Day night Average Noise Level DNL or greater; -- enact state and local legislation and. ordin es t 1AII1 program to condemn and purchase aWlH'~r 1~[Y!n a... 1.....1.. th....e .A.......................c...................................c..........ident poten"....m;~ .,,~.. \1. a:al Air Station Oceana as d ruUU1W amphlet pubhshed by the U. D~ '8" letel~(e 2005 Final Hampton Roads Joint Land Use Study I (JLl:~)~ecommendations; -- legislate requirements for the cities of Virginia Beach and Chesapeake to evaluate undeveloped properties in Noise Zones 70dB DNL or greater for rezoning classifications that would not allow uses incompatible under AICUZ guidelines; -- establish programs for purchase of development rights of the Inter-facility Traffic Area between NAS Oceana and NALF Fentress; Enact legislation creating the Oceana/Fentress Advisory Council.' ... ." 4. Deferral of portion of real estate tax increases Catheryn Whitesell Department Director Management Services Background Information: The City of Virginia Beach desires to eliminate the compounding component in the Code of Virginia's "Deferral of portion of real estate tax increases" (58.1- 3219). This compounding component (58.1-3219.2) places a difficult burden on tracking and administrating the program. Request: The General Assembly is requested to remove S 58.1-3219.2. Computation of deferred amount. J 58.1-3219,]' Conditions of deferral; payment of deferred amounts. The deferral program provided in this article shall allow the taxpayer the option of deferring all or any portion of the real estate tax that exceeds 105 percent of the real estate tax on such property owned by the taxpayer in the previous tax year, The governing body may adopt a higher minimum percentage increase figure, 9 The deferred amount shall be subject to interest computed at a rate established by the governing body, not to exceed the rate established pursuant to S 6621 of the Internal Revenue Code. The accumulated amount of taxes deferred and interest shall be paid to the county, city, or town by the owner upon the sale or transfer of the property, or from the estate of the decedent within one year after the death of the owner. If the real estate is owned jointly and all such owners applied and qualified for the deferral program established by ordinance, the death of one of the joint owners shall not disqualify the survivor or survivors from participating in the deferral program. All accumulated deferred taxes and interest shall be paid within one year of the date of death of the last qualifying owner. The accumulated amount of tax deferred and interest shall constitute a lien upon the real estate. S 58.1-3219.2. Computation of deferred amount. The amount of 1'Cll1 cshlte tax dcfcrl'ed undC#' this article shall be calculated by subtl'acting froHl the real eshlte tax for the cU1'l'ent tax year the "base amount of nonde.ferl'ablc tax." The base amount of nondefermble tax }8r each tax year shall equal the rcal eshlte tRX in the fnst full tax year of ownership by such t<<.xpayer after the adoption of the prog-rtlm b-y the 10eRlity, multiplied by 105 percent, or suc-h higlter pereenhlge adopted by the governing body in each tRX year until the cur-rent tax year. 5. Enforcement of Inoperable Motor Vehicles Andy Friedman Department Director Housing & Neighborhood Preservation Background Information: Currently, the City is allowed to restrict the keeping of inoperable motor vehicles under State Code ~15.2-904. However, State Code ~15.2-905 would expand the City's enforcement of inoperable motor vehicles because its definition of inoperable motor vehicle is broader than that contained in ~ 15.2-904. Therefore, the City's inclusion in ~ 15 .2-905 would enhance the ability of the City to restrict the keeping of inoperable motor vehicle. Request: We request this code be amended as follows: 915.2-905. Authority to restrict keeping of in operable motor vehicles, etc., on residential or commercial property; removal of such vehicles A. The governing bodies of the Counties of Arlington, Fairfax, Henrico, Loudoun and Prince William; any town located, wholly or partly, in such 10 counties; and the Cities of Alexandria, Fairfax, Falls Church, Hampton, Lynchburg, Manassas, Manassas Park, Newport News, Petersburg, Portsmouth, Roanoke1 tHHl Suffolk and Virflinia Beach may by ordinance prohibit any person from keeping, except within a fully enclosed building or structure or otherwise shielded or screened from view, on any property zoned or used for residential purposes, or on any property zoned for commercial or agricultural purposes, any motor vehicle, trailer or semitrailer, as such are defined in S46. 2-1 00, which is inoperable. 6. Local Capture of Sales Tax from Certain Redevelopment Projects Andy Friedman Department Director Housing & Neighborhood Preservation Background Information: The General Assembly should allow localities and redevelopment authorities to recapture local and state sales taxes for mixed-use (residential/retail) projects that incorporate affordable housing. Specifically, the projects that a. are mixed use and mixed income including retail and rental and/or ownership including at least 20% of the dwelling units affordable to those earning up to Area Median Income (AMI) as defined by HUD. b. are financed by bonds with payments paid by the project income including state and local sales tax revenues from new retail development within the project area. c. utilize the bond proceeds for the usual redevelopment costs including land acquisition, demolition relocation and the re-construction of new infrastructure and other site improvements. The rationale for this proposal is that the use of sales tax revenues would represent a commitment by both locality and state. It would not, however require either to identify a new funding source. Absent the development, the sales tax revenue is not likely to occur. Similar provisions exist in the Code of Virginia to provide for the development of a baseball stadium (15.2-5800) and a conference center (58.1-608.3). Request: The General Assembly is requested to amend the Code of Virginia to allow localities and redevelopment authorities to recapture local and state sales taxes for mixed-use (residential/retail) projects that incorporate affordable housing in projects that meet the following criteria: 11 a. Are mixed use and mixed income including retail and rental and/or ownership with at least 20% of the dwelling units affordable to those earning up to Area Median Income (AMI) as defined by HUD. b. Are financed by bonds with payments paid by the project income including state and local sales tax revenues from new retail development within the project area. c. Utilize the bond proceeds for the usual redevelopment costs including land acquisition, demolition relocation and the re-construction of new infrastructure and other site improvements. 7. Photo-Monitoring, reenactment of authorization Chief A. M. Jacocks Chief of Police Police Department Background Information: Authorization for photo monitoring of traffic signals expired on July 1, 2005. While this program was extremely successful in reducing traffic accidents, and supported by the majority of those voters in localities where this program was established, authorization to extend the program was not forthcoming. Request: That S 46.2-833.01 of the Code of Virginia is amended and reenacted as follows: A BILL to amend and reenact S 46.2-833.01 of the Code of Virginia, relating to use of photo-monitoring systems to enforce traffic light signals in certain localities. S 46.2-833,01. Use of photo-monitoring systems to enforce traffic light signals; penalty. A. The governing-lHHly bodies of (my city having a p6J1ulation of more t.'lan 39(),()()(), any city having a population of at lcast 2()(),()()() but lcss than 225,()()(), any county having the urban county execHtive form of govcrnment, any county adjacent to SUdl ceHnt}', and any city or town adjacent to or sHrreundcd by such county except any county having the county executive ferm of go}'ernment and thc cities surrounded 1J.y sucll county the counties of Arlington and Fairfax; the cities of Alexandria, Fairfax, Falls Church, and Virginia Beach; and the TOJim of Vienna may provide by ordinance for the establishment of a demonstration traffic safety program imposing monetary liability on the operator of a motor vehicle for failure to comply with traffic light signals in such locality in accordance with the provisions of this section. Each such locality may install and 12 operate traffic light signal photo-monitoring systems at no more than twent)' fl.-;e 25 intersections within each locality at anyone time. B. The operator of a vehicle shall be liable for a monetary penalty imposed pursuant to this section if such vehicle is found, as evidenced by information obtained from a traffic light signal violation monitoring system, to have failed to comply with a traffic light signal within such locality. C. Proof of a violation of this section shall be evidenced by information obtained from a traffic light signal violation monitoring system authorized pursuant to this section. A certificate, sworn to or affirmed by a techniciRn law- enforcement officer employed by a locality authorized to impose penalties pursuant to this section, or a facsimile thereof, based upon inspection of photographs, microphotographs, videotape, or other recorded images produced by a traffic light signal violation monitoring system, shall be prima facie evidence of the facts contained therein. Any photographs, microphotographs, videotape, or other recorded images evidencing such a violation shall be available for inspection in any proceeding to adjudicate the liability for such violation pursuant to an ordinance adopted pursuant to this section. D. In the prosecution of an offense established under this section, prima facie evidence that the vehicle described in the summons issued pursuant to this section was operated in violation of this section, together with proof that the defendant was at the time of such violation the owner, lessee, or renter of the vehicle, shall constitute in evidence a rebuttable presumption that such owner, lessee, or renter of the vehicle was the person who committed the violation. Such presumption shall be rebutted if the owner, lessee, or renter of the vehicle (i) files an affidavit by regular mail with the clerk of the general district court that he or she was not the operator of the vehicle at the time of the alleged violation or (ii) testifies in open court under oath that he or she was not the operator of the vehicle at the time of the alleged violation. Such presumption shall also be rebutted if a certified copy of a police report, showing that the vehicle had been reported to the police as stolen prior to the time of the alleged violation of this section, is presented, prior to the return date established on the summons issued pursuant to this section, to the court adjudicating the alleged violation. E. For purposes of this section "owner" means the registered owner of such vehicle on record with the Department of Motor Vehicles. For purposes of this section, "traffic light signal violation-monitoring system" means a vehicle sensor installed to work in conjunction with a traffic light that automatically produces two or more photographs, two or more microphotographs, a videotape, or other recorded images of each vehicle at the time it is used or operated in violation of 99 46.2-833. 46.2-835. or 9 46.2-836. For each such vehicle, at least one recorded image shall be of the vehicle before it has illegally entered the intersection, and at least one recorded image shall be of the same vehicle after it has illegally entered that intersection. 13 F. Imposition of a penalty pursuant to this section shall not be deemed a conviction as an operator and shall not be made part of the operating record of the person upon whom such liability is imposed nor shall it be used for insurance purposes in the provision of motor vehicle insurance coverage. No monetary penalty imposed under this section shall exceed fifty doUllrs $100 Nor Shllll it include court costs plus court costs, when applicable. G. A summons for a violation of this section may be executed pursuant to $ 19.2-76.2. Notwithstanding the provisions of $ 19.2-76. a summons for a violation of this section may be executed by mailing by first-class mail a copy thereof to the address of the owner, lessee, or renter of the vehicle as shown, in the case of vehicle owners, in the records of the Department of Motor Vehicles or, in the case of vehicle lessees or renters, in the records of the lessor or rentor. Every such mailing shall include, in addition to the summons, a notice of (i) the summoned person's ability to rebut the presumption that he was the operator of the vehicle at the time of the alleged violation through the filing of an affidavit as provided in subsection D of this section and (ii) instructions for filing such affidavit, including the address to which the affidavit is to be sent. If the summoned person fails to appear on the date of return set out in the summons mailed pursuant to this section, the summons shall be executed in the manner set out in $ 19.2-76.3. No proceedings for contempt or arrest of a person summoned by mailing shall be instituted for failure to appear on the return date of the summons. H. In any action at law brought by any person or entity as the result of personal injury or death or damage to property, such evidence derived from a photo-monitoring system shall be admissible in the same method prescribed as required in the prosecution of an offense established under this section without the requirements of authentication as otherwise required by law. I On behalf of a locality, a private entity may not obtain records regarding the registered owners of vehicles which fail to comply with traffic light signals. A private entity may enter into an agreement with a locality to be compensated for providing the traffic light signal violation-monitoring system or equipment, and all related support services, to include consulting, operations and administration. However, only an employee of the locality may swear to or affirm the certificate required by subsection C. T v. TJIC pl'8l'isions of this section Shllll expire on July 1, 20()S. 14 8. Public Safety - Modifications to Wireless 911 Funding Formula Gwen K. Cowart Department Director Department of Communications and Information Technology Background Information: The citizens of the City of Virginia Beach contribute over $1,200,000 a year to the State wireless fund; yet, on average, only 18% of this revenue is returned to the City for delivery of Public Safety Answering Point (PSAP) services. With respect to the Wireless 911 surcharge managed under Virginia State Code Title 56-484.17 - Wireless E-911 Fund, the City is seeking changes to the current formula to provide an equitable distribution that is more representative of each locality's contribution. Change in Wireless Funding Formula The Wireless 911 Board, created under State Code of Virginia article 56-484.13- Wireless E-911 Services Board, currently manages and assesses the formula associated with payment to localities from the State Wireless E-911 fund. The current percentage used to return Wireless E-911 funds is based on a ratio of the number of Wireless 911 calls to the total number of all call types processed by the PSAP. Other call types consist of public safety calls such as Police non- emergency, animal control, towing, city and school alarms, media inquiries, VCIN and NCIC request. This formula is not an accurate representation of the effort required to effectively process all 911 calls at the PSAP. PSAP's must provide adequate staffing levels to support the number of 911 calls processed and dispatched at the center; however the provision of 911 services has no direct correlation to the total number of calls processed by 911 centers. Since transferring wireless 911 calls from the Virginia State Police in 2000, the city has seen an increase from taking fewer than 4,000 wireless calls per month to taking more than 10,000 wireless calls per month in 2004 and that trend continues in 2005. In this time frame, the City has only recouped approximately 18% of the funds contributed by our citizens, while the State Police have experienced no reduction in funding or staffing levels. In actuality, the State Police, while shifting the burden of the wireless 911 calls to the localities, have increased funding by receiving millions of dollars from the State Wireless E-911 fund. The current percentages use total calls to the PSAP and are calculated based on the following formulas: Old Formula number of 911 wireless calls X equipment cost = amount of fundingJor equipment total number of telephone calls number of911 wireless calls X personnel cost = amount of funding for personnel total number of telephone calls 1'> The City requests the following changes, using the total number of 911 calls, which would represent a more equitable funding formula: New Formula number of 911 wireless calls X equipment cost = amount of funding for equipment total number of 911 telephone calls number of 911 wireless calls X personnel cost = amount of funding for personnel total number of 911 telephone calls Request: 1. The General Assembly is requested to change the 9-1-1 Wireless Funding formula to be based upon a ratio of total number of 9-1-1 calls to wireless 9-1-1 calls, as represented by the NEW FORMULA proposed in the section above. 2. Additionally, the Wireless Board was established as part of the original legislation and has served the purpose and intent as originally defined. Further expansion or authority of this board over other aspects of 9-1-1 service delivery was not the intended purpose and we request that any changes to the Wireless Board be opposed. 9-1-1 service delivery is a local responsibility just as having a local policing authority is. The General Assembly is requested to oppose any changes to the Wireless Board structure, charter or mandate. 9. Retirement Coverage for Emergency Medical Technicians Chief Bruce Edwards Department Director Emergency Medical Services Background Information: The Virginia Law Officer's Retirement System (VaLORS) allows designated public safety officers to retire with unreduced benefits earlier than other employees enrolled in the Virginia Retirement System (VRS). For example a 50- year-old police officer may retire after 25 years of service with full benefits while another municipal employee of the same age must have 30 years of service. This program recognizes the unique physical and mental demands placed on emergency responders during their career and supports more realistic career longevity. While the VaLORS program covers firefighters, the program does not include emergency medical technicians (EMT). EMTs are defined and regulated similarly to firefighters and other public safety workers in most sections of Virginia law. The day-to-day dangers, emotional 16 ~------ stresses and physical demands placed on career medics mirror those of their public safety partners. Research has proven that the occupational fatality rate for EMS workers exceeds that of the general population and is comparable with that of other emergency workers. Due to the lack of VaLORS coverage, EMTs must work in their field later into life than their public safety partners. This reality impacts recruitment and long- term employment of career medics. Additionally, the disparity in coverage has historically been a limiting factor when trying to recruit and retain experienced personnel in senior staff positions within non-fire based EMS departments. Adding EMTs under the VaLORS coverage will align the retirement coverage and benefits of all public safety workers. This can be achieved at no cost to the Commonwealth. Localities have the option of whether or not to participate and therefore are responsible for supporting any additional financial burden. Request: The General Assembly is requested to modify the State Code as follows: S 51.1-138 Benefits. A. Employees who become members under this article and on whose behalf contributions are paid as provided in this article shall be entitled to benefits under the retirement system. B. By resolution legally adopted and approved by the Board, the employer may elect to provide benefits equivalent to those provided under the State Police Officers' Retirement System, as set out in Chapter 2 (S 51.1-200 et seq.) of this title, except for benefits provided under S 51.1-209 and except for those provisions allowing a person retired under the State Police Officers' Retirement System to receive the related retirement allowance while employed as a state police officer or as an employee, as defined in S 51.1-124.3, of the Department of State Police, in lieu of the benefits that would otherwise be provided hereunder for any employees who are employed in (i) law-enforcement positions comparably hazardous to that of a state police officer, including any sworn law-enforcement officer who has the duty and obligation to enforce the penal and traffic laws of this Commonwealth as directed by his superior officer, if so certified by his appointing authority, (ii) positions as full-time salaried fire fighters, (iii) positions as full-time salaried emergency medical technicians, or( iv) positions as regional Jail superintendents and Jail officers of regional Jail farms, regional Jails or Jail authorities, as approved by the respective Jail board or authority and by the participating political subdivisions of such entities. Sheriffs of political subdivisions that participate in the retirement system shall receive benefits equivalent to those of state police officers, except for the benefits provided under S 51,1-209 and except for those provisions allowing a person retired under the 17 State Police Officers' Retirement System to receive the related retirement allowance while employed as a state police officer or as an employee, as defined in 9 51.1-124.3, of the Department of State Police, regardless of whether the employer has elected to provide equivalent benefits as set out in this subsection. C. Each employer providing the benefits of subsection B for its employees prior to July 1, 1990, may elect to provide for the early retirement of employees as set forth in this subsection in lieu of the early retirement and death before retirement provisions of the State Police Officers' Retirement System. Such election must be made to the Board in writing prior to July 1, 1990. Any member in service on or after his fifty-fifth birthday with five or more years of creditable service (i) as a member in the retirement system established by this chapter, (ii) as a member in the retirement system established by Chapter 2 (9 51.1-200 et seq.) of this title, or (iii) as a member in the retirement system established by Chapter 2.1 (9 51.1-211 et seq.) of this title may retire upon written notification to the Board setting forth at what time the retirement is to become effective. The effective date shall be after his last day of service but shall not be more than 90 days prior to the filing of such notice. The member shall receive an allowance that shall be determined in the same manner as for retirement at an employee's normal retirement with creditable service and average final compensation being determined as of the date of his actual retirement. If the member has less than 30 years of service at retirement, the amount of the retirement allowance shall be reduced on an actuarial equivalent basis for the period by which the actual retirement date precedes the earlier of (a) the member's normal retirement date or (b) the first date on or after the member's fifty-fzfth birthday on which the member would have completed a total of 30 years of creditable service. Effective December 31, 2003, any employee in service on June 30,2002, and July 1, 2002, who is credited with five or more years of creditable service rendered under this chapter, Chapter 2 (951.1-200 et seq.), or Chapter 2.1 (951.1-211 et seq.) of this title shall not be subject to the vesting requirements of this section, and 99 51.1- 205 and 51.1-216. Members retiring under the provisions of this subsection shall be entitled to receive post-retirement supplements as provided in 9 51.1-166. In computing the amount of any supplement, any additional allowances being paid under the provisions of subsection B of 951.1-206 shall be disregarded. In the case of death before retirement, members whose employers elect to provide benefits in accordance with the provisions of this subsection and who have not attained the age of 50 on the date of death shall be assumed to be 50 years of age for the purposes of reducing the benefits on an actuarial equivalent basis. D. The retirement system shall not be liable for the payment of any retirement allowances or other benefits on behalf of a member or beneficiary of a member for which reserves have not been previously created from funds contributed by the employer or the members for such benefits. 18 10. Tax Relief for Senior Citizens - Constitutional Amendment City Council City of Virginia Beach Background Information: The Virginia Beach City Council established a task force to examine the possibility of providing additional tax relief to elderly Virginia Beach residents. The task force published a report, in late 2003. The task force made three recommendations to change the existing state code as well as an amendment to the Virginia Constitution. Request: The General Assembly is requested to amend the state constitution to allow for a local option non-means tested tax freeze for all senior citizens. The General Assembly would need to enact legislation during the 2006 Session. There would be an intervening election in 2007 and the same legislation would need to be passed in 2008. The voters would then vote on the referendum for the constitutional amendment in the November 2008 election. The constitution would then be amended effective January 1, 2009. 11. Tidewater Community CollegeNirginia Beach Joint Use Library Marcy Sims Department Director Department of Public Libraries Background Information: The City of Virginia Beach and Tidewater Community College are considering constructing and operating a single facility to house the proposed TCC/ Virginia Beach Campus Learning Resources Center and what is presently called the South Rosemont Area Library (CIP Project 3-175). The College is planning to build a 150,000 square foot Learning Resource Center at the comer of Rosemont Road and Faculty Drive, The LRC is planned to be built in two phases: a 100,000 square foot project in the 2006-08 biennium and the remaining 50,000 square feet is planned for the 2008-2010 biennium. The South Rosemont Area Library (18,000 square feet) is scheduled for construction in FY 2005-2006 on City owned property at the corner of Rosemont Road and Buckner Boulevard and adjacent to the Boys and Girls Club of Southeastern Virginia. A Joint Use Library Planning Committee was appointed in March 2004 to explore the possibility of creating an integrated joint use library. The same consultants who were part of the successful San Jose State University and San Jose City Public Library project, Anderson Brule Architects, have assisted the City and TCC in facilitating further strategic feasibility and operational planning. 19 ,-- Other partners have been invited to take part in the planning. The Old Dominion University/Norfolk State University Higher Education Center is located adjacent to the TCC-Virginia Beach Campus. Its 85,000 square foot facility serves approximately 16,000 students in undergraduate, graduate, continuing education and workforce development programs. A strategic operational planning process is underway to further identify and refine the description of all service, operational, organizational and facility issues to be resolved and outlined in a Memorandum of Understanding between the partners. The work will also provide a conceptual building program to guide the architectural design. Request: The General Assembly is requested to .. . PLACEHOLDER. . .language is being developed by city staff. Opposes Chan2es in Status Quo 1. Post Labor Day Opening for Schools James Ricketts Department Director Convention & Visitors Bureau Background Information: The Virginia Beach tourism industry provides our city with almost $785 million per year in tourism spending. Hampton Roads receives $1.6 billion from Virginia Beach's tourism. Starting schools in Virginia Beach and other localities in the Commonwealth prior to Labor Day would have significant financial consequences in the long term. Beginning schools prior to Labor Day would eliminate two weeks in August, which is prime family vacation time that cannot be replaced. If the Virginia Beach school system begins before Labor Day and other localities follow our lead, it will have a negative effect on the economic impact of the tourism industry. To a lesser extent, this will also have an impact on this industry by affecting the labor pool available during this time frame. Request: The General Assembly is requested to maintain the existing legislation concerning post Labor Day opening of schools. This allows all schools to open after Labor Day except those given exemptions by the State Board of Education. 20 2. Pruning and Trimming of Trees Surrounding Billboards James K. Spore City Manager City of Virginia Beach Background Information: In the last several years, the General Assembly has changed the Code of Virginia that previously allowed localities to control the placement of billboards and the trimming and pruning of trees surrounding such billboards. $ 33.1-371.1. Selective pruning permits; penalty, requires: A. The Commonwealth Transportation Commissioner shall by permit authorize the selective pruning, within highway rights-of-way, of vegetation that obstructs motorists' view of signs displayed on outdoor advertising structures legally erected and properly maintained along the highways. Such permits shall be subject to such conditions as the Commissioner deems appropriate for the enhancement of highway safety and beautification, including but not limited to the following: 1. All work performed under the permit shall be (i) subject to the direction of the Commissioner or his designee, (ii) supervised on-site by a certified arborist approved by the Commissioner, (iii) completed to the satisfaction of the Department's Environmental Manager or his designee, and (iv) performed solely at the expense of the permittee. 2. All pruning shall be performed in a manner that (i) creates a picture frame effect around the sign and (ii) beautifies the area surrounding the advertising structure. All cutting shall be limited to vegetation with trunk base diameters of less than six inches. Pruning cuts of vegetation with diameters greater than four inches and clear cutting shall not be authorized and shall be strictly prohibited. 3. Any diseased or unsightly vegetation or any vegetation that endangers the health or retards the growth of desirable vegetation may be removed at the discretion of the certified arborist supervising the work. Any such removed vegetation shall be replaced at the permittee's expense with desirable vegetation. B. The requirements of this section shall not apply to the owner or authorized agent of the owner of any sign, advertisement, or advertising structure exempted from the provisions of this article by $ 33.1-355. C. The Commissioner shall promulgate such regulations as he deems necessary or desirable to carry out the provisions of this section. Such regulations shall include but not necessarily be limited to the following requirements: 21 1. Every application for a permit submitted under this section shall be accompanied by photographs of the affected site and a detailed description of work proposed to be performed. 2. A fee of $400 shall accompany every application. All such fees shall be paid by the Commissioner into the state treasury, allocated to the Commonwealth Transportation Board. 3. Every applicant shall post a bond payable to the Commonwealth, with surety approved by the Commissioner and in a form approved by the Attorney General, in the sum of $2,500, conditioned on the permittee's fulfillment of all requirements of the permit. 4. No permit shall be issued under this section in order to create a new site for an outdoor advertising structure. D. Any person found by a court of competent jurisdiction to have violated any provision of this section, any regulation adopted pursuant to this section, or any permit issued under this section, shall, in addition to the penalties provided in ~ 33.1-377. be prohibited by the courtfrom applyingfor any other permit under this section for a period of not more than jive years. (1998, cc. 525, 540.) This authority extends only to certain federal aid to pnmary highways and highways in the interstate or national highway systems. A specific request was made to prune trees along Virginia Beach Boulevard. This City of Virginia Beach was able to establish, through the Commonwealth Transportation Board (CTB), that this highway and others did not fall under the purview of the Board, thus permits could not be issued. We fully expect that during the 2006 General Assembly Session, an effort will be made to expand the authority of the CTB Commissioner to provide pruning permits for the trees on Virginia Beach Boulevard and other highways within Virginia Beach that are currently not covered under existing code. Request: The General Assembly is requested to not extend the authority of the Commonwealth Transportation Commissioner to allow permits to prune tree, shrubbery, etc., blocking billboards on Virginia Beach Boulevard and additional roads within the City of Virginia Beach. The beautification of our highways and the City in general is something our citizens and City Council take seriously and do not want another authority to manage these efforts. 22 3. Public Library Director Requirements Marcy Sims Department Director Department of Public Libraries Background Information: Library directors currently serving a population of more than 13,000 are required to have an accredited MLS Degree in order for their libraries to receive full State Aid to Public Libraries funding. The requirement is particularly important for smaller public libraries in Virginia, where the director may be responsible for a variety of professional duties. It is also important because the director must be able to balance knowledgeably and ethically the demands of a business that is a social institution committed to offering free access to information. Request: The General Assembly is requested to support the continuation of this requirement the in the law, specifically the Code of Virginia 9 42.1-15.1 Qualifications required to hold professional librarian position. 4. Public Safety - 911 Tax Gwen K. Cowart Department Director Department of Communications and Information Technology Background Information: The City of Virginia Beach has over 430,000 Citizens and also provides services to an additional 3,000,000 visitors a year, and all of these constituents rely on the services of the VB 911 Emergency Communications division to effectively handle emergency calls received at the Public Safety Answering Point (PSAP). There are currently two surcharge based sources for PSAP funding - the Wire line 911 surcharge, which is capped at $3.00 and is managed by the localities, and the Wireless 911 surcharge, which is a flat $.75, and is managed by the State. Our citizens entrust the City to provide enhanced 911services based on their contribution to these 911 surcharges. The current level of service provided to our citizens is directly related to the level of revenue collected from these funds. Some of the more critical services provided by the VB 911 Emergency Communications division include: · Primary Call taking for emergency 9-1-1 calls needing Police Services . Primary Call taking for emergency 9-1-1 calls needing Fire Services · Primary Call taking for emergency 9-1-1 calls needing Emergency Medical Services · Primary Dispatch for Police, Fire and Emergency Medical Services 23 . Manager of the 800MHz Public Safety Radio System . Manager of the 9-1-1 Telephone Equipment used to process both Wireline and Wireless 9-1-1 Calls . 9-1-1 Public Education During the 2005 General Assembly session Telecommunications tax simplifications and rate reductions were pursued through HB2880 and SB1335. These bills would have shifted current local and State telecommunications taxes and fees to a 5% statewide communications sale and use tax. The proposal would have deleted current local consumer utility taxes on "landline" and cell phones, the locallandline E-911 fee, the Virginia relay fee, and the BPOL tax in localities with a rate above 0.5%, as well as replacing the local cable franchise fee. Voice over IP (V oIP), a new right-of-way fee, and satellite services would have been included for new taxation. The bills did not make it out of committee; however, the Auditor of Public Accounts was directed to continue reviewing and collecting data so that appropriate information will be available for any future consideration. It is expected that this will resurface in the 2006 General Assembly session. The Telecommunications industry has led the move to restructure telecommunications taxes and has moved the battle from the federal level to the state levels. The City of Virginia Beach is sensitive to the concerns of the Telecommunication industry; however, we are more concerned over the erosion of a vital tax revenue source that provides critical public safety 9-1-1 service. Additionally, VoIP will have a significant impact on E-911 services and has a real potential to detrimentally impact local revenues. In May the FCC ruled that interconnected V oIP providers must deliver all 911 calls to the customer's local emergency operator (ie. the Virginia Beach 911 Center). While this will help address the issues related to the VoIP consumer receiving 911 services, it does not address any funding mechanism by which V oIP providers are responsible for payment of any type of tax or fee to offset the cost of provision of those services by the 911 Center; leaving this as an un-funded mandate. With the classification of Voice over IP looming on the horizon, we should not make any changes until we better understand the national position. The City currently receives over $5,800,000 a year from the Wire line surcharge, and any reduction in this revenue source would severely impact our ability to deliver 9-1-1 services to our citizens. The City is opposed to any change in the current Virginia State Code Title 58.1-3813.1 Local tax for enhanced 9-1-1 servIces. Additionally, the City is opposed to any change that would provide State control over these funds. Local authority over these funds is critical to manage expenditures associated with the priorities and prevailing economic and environmental (citizemy expectations, technology requirements, etc.) issues of the 24 locality. The State has chosen to use similar funds in the past for other than 9-1-1 services. In FY03, the State used over $29,000,000 of 9-1-1 Wireless funds to balance the State budget - with none of those funds going to 9-1-1 services. Request: 1. The General Assembly is requested to oppose any change in the current Virginia State Code Title 58.1-3813.1 Local tax for enhanced 9-1-1 services. 2. The General Assembly is requested to oppose changes to the telecommunications tax structure and reject any bills until the FCC, Federal Courts, and Congress can adopt a national policy. 3. If a Telecommunications Tax simplification moves forward, we request the General Assembly eliminate any reference to the 911 tax and not consider this as part of the bill. s. Public Safety - Enhanced 9-1-1 for Multi-line Telephone Systems Gwen K. Cowart Department Director Department of Communications and Information Technology Background Information: Multiple States have adopted Multi-Line Telephone System (MLTS) legislation and more are considering this issue everyday. States with currently adopted codes are: Arkansas, Colorado, Connecticut, Florida, Illinois, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Texas, Vermont and Washington. The problem is real and continues to compound every day. The following was extracted from an Association of Public Safety Communication Officials (APCO) position statement made to the FCC in February 2005, and states "It has been nearly eleven years since the Commission first sought comment in this proceeding regarding E9-1-1 capability for ML TS. In the intervening years, the underlying problem has not gone away. Countless business, educational, and residential phone systems across the nation continue to operate without the ability to identify the specific location from which a 9-1-1 call is placed. This absence of E9-1-1 capability creates life-threatening delays for emergency responses; especially where an MLTS provides service to widely dispersed locations. Without accurate E9-1-1 capability, first responders could be dispatched to the wrong address or to a large building with little clue as to the precise location of the emergency. As APCO previously noted, "bank branches are often on a common PBX, with the home office address/call-back number being the only information that is delivered to the PSAP with a 9-1-1 call from any branch" and "many schools districts, corporate campuses, large office buildings, hotels, and apartment buildings are at similar risk." 25 As the City of Virginia Beach expands and becomes more urban our issues are going to escalate and our Citizens, and those of the Commonwealth, will be at risk because we are unable to locate the emergency location. The City has many banks and bank branches, but we are also home to large office buildings (STIHL, Regent/CBN, Lillian Vernon, etc.) hotels and a growing number of apartment buildings. Again, in many cases 9-1-1 calls made from telephones connected to Multi-line Telephone Systems (PBX or large Key Systems) may not be precisely located by the 9-1-1 system, eliminating many of the benefits of Enhanced 9-1-1. This lack of adequate location information can be life threatening if the caller cannot supply the correct location. The nature of 9-1-1 calls is such that the likelihood for the need to respond directly to the caller with minimal delay increases with the type of calls where the caller for some reason cannot provide information to the PSAP. Related problems occur when the caller is remote from the location supplied to the 9-1-1 systems. In this instance not only is response delayed but also limited public safety resources are dispatched where they are not needed. There may also be considerable disruption in business operations as the response units attempt to locate the caller. APCO, along with national public safety involvement, has done extensive work to develop model ML TS legislation that we would like to encourage and engage our legislators to put forward for review and adoption. We believe this model legislation would require Multi-line Telephone Systems to provide a sufficiently precise indication of the caller's location, while avoiding the imposition of undue burdens on system manufacturers, providers and operators. Request: The General Assembly is requested to create a study group to review the proposed ML TS model legislation and present a final version for adoption within the 2007 General Assembly Session. 26 CITY OF VIRGINIA BEACH 2006 FUNDING ITEMS City Fundine: Requests 1. Base Realignment and Closure Commission Requirements City Council City of Virgi1Ja Beach Background Information: 4 .... ~ . ~"S diredlon. Th..............e. B... ..ase.... ..R.e alignm....... e........n....t a.......n........................ ..;ii.; ..I!, .".! ~-o'IJflCluC) requires $15 million each year l.;.~1JItlf> .4)1 ~ . n~~:g use properties in APZ1 at I)lfe1:ev .....' ( ASO. The City Council will appropriate the fimds. ttquest: The General Assembly is requested to appropriate at least $7.5 million for each year of the biennium to comply with the BRAC requirements. 2. Contemporary Art Center of Virginia Funding Cameron Kitchen Executive Director Contemporary Art Center of Virginia Background Information: The Contemporary Art Center of Virginia (CAC) is seeking funds from the Commonwealth of Virginia for completion of renovations and upgrades to Virginia's leading contemporary art institution to support new and innovative educational programs and exhibits. As a major cultural amenity in Hampton Roads and a significant tourist attraction, the Contemporary Art Center of Virginia reaches over 560,000 people annually. The Contemporary Art Center of Virginia is a model of financial and artistic management and operates on a balanced budget. CAC completed Phase One of its capital improvement and endowment campaign in 2003 and opened the Rodriguez Pavilion, Butler Galleries, and new art storage areas with the support of the City of Virginia Beach, private donors, and corporations. Now in Phase Two of its capital improvement and endowment campaign, CAC is seeking the Commonwealth of Virginia match the City of Virginia Beach's Phase One appropriation. This one-time investment by the Commonwealth will enable CAC to meet increasing demands for on-site educational programs, 27 outreach, world-class exhibitions, performances, and corporate and private functions at CAC's museum and studio school in Virginia Beach. The Commonwealth of Virginia funds requested are a direct match for the funds appropriated in Phase One from the City of Virginia Beach. The grant will be used solely for the capital improvement and endowment campaign and will fund much-needed modernization of CAC's security systems, grounds, technical capabilities, galleries and classrooms. Request: The General Assembly is requested to provide $750,000 to the Contemporary Art Center of Virginia. 3. Virginia Aquarium & Marine Science Center Animal Care Enhancements Lynn Clements Department Director Museums & Cultural Arts Background Information: The Virginia Aquarium & Marine Science Center requests funding in the amount of $2 million that will help improve its animal care facilities in order to better serve its mission of "Conservation through Education." Since the Aquarium first opened to the public in 1986, more than 10 million people have experienced the thrill of seeing Virginia's marine life in unique and educational exhibits and programs. As the animal collection has grown, so has the staff s expertise in animal husbandry techniques and their contributions to scientific research and conservation. As an accredited member of the American Zoo & Aquarium Association, it is important that the Aquarium continue to be recognized for its animal care practices that meet and exceed the highest professional standards in the industry. The Aquarium has recently undertaken an exciting initiative that will build a major new exhibits gallery and introduce exotic species from across the planet to inspire our next generation of visitors. The new exhibits and programs will utilize the latest science and technology to inform over 600,000 annual visitors about marine life and habitats linked to Virginia's past. The Aquarium's growing animal collection will include more diverse species and the need for expanded animal care facilities and expertise. Request: The General Assembly is requested to provide $2 million to be spent on the Aquarium's animal care resources. A modest investment can be leveraged to produce significant results in both local and global conservation education. With increased animal care capacity, staff can develop advanced husbandry practices and increase the number of animals the Aquarium can display to the public. In the next year, the Aquarium will embark on expanding the scope of its collection 28 to include species from other parts of the world. These unusual animals will illustrate adaptations to special environments, threats they must overcome, and how these exotic habitats relate to Virginia and global conservation issues. By gaining hands-on experience with these animals, the Aquarium can participate directly in research and conservation efforts across the globe. The Aquarium will use this investment to help develop a new 16,000 square foot Animal Care Annex, an operational support facility which will house the marine mammal and sea turtle stranding response center, marine animal collection and quarantine operations, and educational outreach programs. The new animal care facility will include diagnostic laboratories, advanced marine animal aquarium systems, and freshwater and saltwater processing capabilities. With all aspects of animal care taking place in this new facility, it will support the development of staff and partnership opportunities to advance the Aquarium's mission of marine education and conservation. 4. Virginia Beach Convention Center Funding James Ricketts Department Director Convention & Visitors Bureau Background Information: In 2005, the City of Virginia Beach opened the first phase of the new Virginia Beach Convention Center. The new facility replaces the Pavilion Convention Center. Designed by the architectural firm of Skidmore, Owings & Merrill (SOM) the complete facility is scheduled to open in early 2007. The old center had a total of 188,000 square feet and lacked the amenities essential for today's meeting planners. Even with only approximately half of the new facility opened, the new center is larger than the old facility and has amenities and technology that exceed meeting planners expectations. When completed, the new facility will have a total of 516,000 square feet. This includes 150,000 square feet of exhibition space, over 31,000 sq. ft. of ballroom space and approximately 29,000 sq. ft. of meeting space. The total cost of the facility is $202.571 million. The new convention center will help put Virginia on the map as a viable convention state. According to the Feasibility Study conducted by PricewaterhouseCoopers, the Commonwealth will realize the following economic benefits: Incremental tax revenues (in 2002 dollars) between $1.2 - $2 million annually, between 900 - 1,500 additional jobs and between $27.7 million - $44.8 million in incremental direct expenditures new to the Commonwealth (not a transfer from other localities in the Commonwealth). The economic impact for Hampton Roads will be $50.5 million to $79.3 million in incremental direct expenditures and between 1,700 and 2,700 new jobs. This is 29 in addition to the $2.1 million incremental tax revenue to the City of Virginia Beach, $97 million in Sales and 1,900 additional jobs. Already sales projects for 2006, with only half of the facility opened, are ahead of the Feasibility Study projections for 2009 when the entire facility would have been opened and fully operational for 1-2 years. Request: The General Assembly is requested to provide $20 million in funding for the new Convention Center. This is in keeping with the benefits to the Commonwealth based on the amount of state tax revenue that will be generated from the new facility over a ten-year period. 5. Virginia Beach Performing Arts Center Capital Funding Request Lynn Clements Department Director Virginia Aquarium and Marine Science Museum Background Information: The Virginia Beach Performing Arts Center, a professional-quality 1200-seat, 84,000 square-foot facility, will be the cultural centerpiece of Virginia Beach, located at the core of the City's emerging Central Business District. The Center will have enlarged spaces for performances, public and performer support and it will give the opportunity to expand the type and diversity of the performing arts programs in Hampton Roads and the State of Virginia. The $47 million facility will have a full range of amenities, meeting the needs of today and tomorrow. As a tangible demonstration of their commitment, the Virginia Beach City Council dedicated $35 million of City funds to the project. A $12.5 million capital fundraising campaign is being led by the Virginia Beach Performing Arts Center Foundation, a non-profit organization spearheaded by some of the City's top civic and business leaders. The Virginia Beach Performing Arts Center will have a dramatic impact to the State of Virginia's tax base, generating over $2.2 million for the construction phase and $35,500 in annual State tax revenue. As part of the Virginia Arts and Culture Economic Growth Coalition, $540,000 was included for the Center in the FY06 State budget, 27% of our original request. Projects in South Hampton Roads accounted for only 10% of the total funds appropriated to the Virginia Arts and Culture Economic Growth Coalition, while the Virginia Performing Arts Foundation in Richmond received $8.5 million or 36% of the total received by the Coalition and the Wolf Trap Foundation for the Performing Arts in Northern Virginia, received $1.57 million or 7% of the total received. 30 The private sector and local government are providing substantial financial support to help build this facility, and now we ask the State to strengthen its commitment and investment to the future of this cultura11andmark and to the City as a whole, by appropriating an additional $2 million needed for the construction of the Virginia Beach Performing Arts Center. The new location opening in Summer 2007 at the exciting Town Center development will become a defining asset for social development for the City and Hampton Roads. It will become a focal point for social activities from education to the arts and entertainment and will illustrate the Region's dedication to furthering the cultura11ife of its citizens. Request: The General Assembly is requested to appropriate $2 million of the remaining $12.5 million needed for the construction of the Virginia Beach Performing Arts Center. State Fundine Requests 1. Army Corps of Engineers 216 Study of Kerr Reservoir Tom Leahy Department Director Public Utilities Background Information: Kerr Reservoir is a federal flood control reservoir owned by the Federal Government and operated by the Corps of Engineers. It is immediately upstream from Lake Gaston, which is owned by Dominion Power. Releases from Kerr Dam constitute more than 90 percent of the average flow in and out of Lake Gaston. Virginia Beach and Chesapeake have storage rights in Kerr Reservoir, which are used during dry periods to mitigate the effects of our withdrawals from Lake Gaston. Dominion Resources' Federal Energy Regulatory Commission (FERC) license to operate Lake Gaston was renewed and amended in 2004 and 2005. Many issues that the environmental resource agencies wanted to address in Dominion's re- licensing proceedings were issues that could only be resolved by operational changes at Kerr Dam. The legal and procedural tool that the Corps uses to decide whether any such changes should be made is a federal "216 Study." The Corps has completed an initial reconnaissance phase of this study and has initiated more detailed phase, known as the Feasibility Study. Estimates put the cost of this study at about $2 million over three years. Fifty percent of the funding must come from non- federal, local sponsors. 31 Local sponsors play a significant role in the scoping and steering of the 216 Study. North Carolina and Virginia are local sponsors. Although Kerr Dam is mostly in Virginia, all of its water ultimately flows to North Carolina. North Carolina will protect the interests of North Carolina citizens in the 216 Study. However, only Virginia can protect the interests of Virginians who live around Kerr Reservoir and Lake Gaston and the municipalities that depend upon Lake Gaston for water supply. Request: The General Assembly is requested to ensure that funding for Virginia's continued participation in the 216 Study is included in the DEQ's FY2007 budget. 2. "Authors of Liberty" Exhibition Support in 2007 Lynn Clements Department Director Virginia Aquarium and Marine Science Center Background Information: The City of Virginia Beach is working with Lincoln Cathedral in Lincolnshire, England to develop and mount an exciting traveling exhibition that will help to commemorate the 400th anniversary of the landing of the first permanent English settlers in Virginia in 1607. Currently titled "Authors of Liberty: Magna Carta & the Price of Freedom," the exhibition will provide a current-world perspective of the long road to a free democratic society as first expounded in Magna Carta in 1215. The exhibition is scheduled to open in Virginia Beach in April 2007 and will travel to 10 cities in the United States over the course of the ensuing two years. "Authors of Liberty" will then tour extensively in England until 2011. The transporting of the ideals of Magna Carta to Virginia's shores in 1607 and the continuing development of the ideas for freedom and democracy in Virginia and, eventually, the United States, will be important themes in the exhibition. The treasures in the exhibit include many original documents from the Lincoln Cathedral Archives/Library such as an original 1215 Magna Carta and documents related to John Smith. Other artifacts will include a Dunlap Broadside of the Declaration of Independence, the Cornwallis Sword, originally surrendered at Yorktown in 1781, and the Franklin Press. Request: The General Assembly is requested to appropriate funding in the amount of $500,000 to support bringing the international exhibition, "Authors of Liberty," to Virginia and her citizens. The funding will ensure the provision of proper and necessary security during the three-month period in Virginia Beach; support the operations and logistics for the exhibition; and, provide for promotions across 32 various media. The Commonwealth of Virginia will be recognized as a primary partner in the exhibition's Virginia Beach run. 3. Community Services Board (CSB) Dr. Terry Jenkins Department Director MH/MR/SA Background Information: Eligibility for Medicaid in Virginia is based upon the federal poverty level. In most states, if you have an income that is no more than the federal poverty level and are disabled or elderly, then you are eligible for Medicaid; however, this is not the case in Virginia. Currently, you can only have 80% of the federal poverty level income in order to qualify. Clearly given the cost of housing, gasoline, etc., this creates two major problems: 1. People in need of Medicaid to pay for health care cannot qualify if they make enough money to live on. 2. There are many elderly and disabled people living in poverty but are not eligible for Medicaid. Any plans for the future of publicly funded mental health/mental retardation and substance abuse services should include sufficient state funding for a comprehensive system of care and treatment at the state and local level. Funding must be adequate in order to meet the needs of: ~ Individuals eligible for Medicaid supported services, but unable to receive them due to lack of state match funding. ~ Individuals in need of services unfunded by Medicaid. ~ Individuals who are indigent and cannot access Medicaid services. Request: The General Assembly is requested to at least widen the eligibility by moving from 80 to 85% of the federal poverty level bringing the Code of Virginia definition for eligibility for Medicaid to the 2005 poverty level. The General Assembly is also requested to appropriate additional statewide funding in any agreeable amount. 33 4. Elizabeth River Restoration: Sediment Cleanup and Wetlands Restoration Funding Arthur 1. Collins Executive Director Hampton Roads Planning District Commission (HRPDC) Background Information: Since 1998, the Cities of Chesapeake, Norfolk, Portsmouth, Virginia Beach, and the Commonwealth of Virginia have been working in a partnership with the U. S. Army Corps of Engineers on a comprehensive approach to restoring the Elizabeth River. The Elizabeth River Restoration Project is being guided by a Steering Committee, which includes staff representatives of the four cities, state and federal agencies, the nonprofit Elizabeth River Project and the Hampton Roads Planning District Commission (HRPDC). This project includes sediment remediation and restoration of wetland sites throughout the Elizabeth River Watershed. Several project components are scheduled for restoration design work, actual construction or conduct of a new feasibility study during Fiscal Years 2006 and 2007. Federal, state and local funding is essential to implementing these projects, which are critical elements to the environmental restoration of the River, to community and economic revitalization efforts being pursued by the four cities and to achieving the goals of the 2000 Chesapeake Bay Agreement. At its Quarterly Commission Meeting on July 20, 2005, the Hampton Roads Planning District Commission endorsed seven specific components of the Elizabeth River Restoration Project. The projects are described briefly in the attached Fact Sheets, developed by the Elizabeth River Restoration Project Steering Committee. They include the following: · Construction of the Scuffletown Creek Sediment Remediation Project. · Feasibility Study of Sediment Remediation in Paradise Creek. · Wetlands Restoration at five sites - ODU Drainage Canal (NO), Woodstock Lake (VB), Scuffletown Creek (CH), Grandy Village (NO), and Jordan Bridge (PO). In endorsing these components of the comprehensive Elizabeth River Restoration Project, the HRPDC also requests that: a. Federal funding for the two sediment remediation projects and five wetlands projects be included in the Federal Budgets for Fiscal Years 2006 and 2007 to allow the Corps of Engineers to fund its share of these projects. b. State funding for the state's portion of the two sediment remediation projects be included in the State Budget for the FY 2006-2008 Biennium. 34 c. Local funding for the local government cost share portions of the two sediment and five wetlands projects be included in the local budgets for local Fiscal Years 2007 and 2008. It should be noted that substantial local funds are being expended on directly related community and economic revitalization efforts. Request: The General Assembly is requested to budget matching funds for the Scuffletown Creek Sediment Cleanup and the Paradise Creek Feasibility Study. Clean Elizabeth River Bottom Sediments - The General Assembly is requested to continue funding to support the next phases of an award-winning, cooperative project to achieve the historic cleanup of toxic sediments in the Elizabeth River. Scuffletown Creek Construction FY 2007 $1,300,000 FY 2008 $1,400,000 Total $2,700,000 Paradise Creek Feasibility Study FY 2007 $187,500 FY 2008 $187500 Total $375,000 5. Emergency Medical Services Return to Localities ("4 for Life") Funding Resolution Bruce Edwards Department Director Emergency Medical Services Background Information: Legislation was passed by the General Assembly in 2002 (HB82) that increased the vehicle registration fee by $2.00 to a total of $4.00 per registration. This initiative was known as the "4 for Life" program. The funds were to be distributed to individual localities and the Virginia Department of Health (Office of Emergency Medical Services) for EMS purposes. Since 2002, $3,450,000.00 of these new revenues have been transferred to the General Fund, which was to be used for Commonwealth Preparedness from 2002 to 2004. To date, the revenues stipulated in the legislation have not been returned to the individual localities as was intended under the original legislation. Had this occurred, localities would have received an estimated additional $1,092,825.00 in "4 for Life" funding, an increase of one percent in EMS funding throughout the Commonwealth. Of this total, the City of Virginia Beach would have received an approximate 20 percent increase in funding with $320,000 appropriated to "4 for Life." The City of Virginia Beach will currently receive $263,000. 35 Full distribution of the "4 for Life" monies would support enhancements to existing services, including procurement of new technology equipment and advanced training. Additionally, the City's volunteer rescue squads would benefit from a larger Virginia Department of Health rescue squad assistance grant program. Request: The General Assembly is requested to support the return of the "4 for Life" funds in the amount of $320,000 for use by Emergency Medical Services in the Commonwealth and in the City of Virginia Beach. 6. Hydrilla Eradication and Management on Lake Gaston Tom Leahy Department Director Public Utilities Background Information: Lake Gaston is infested with hydrilla, a noxious weed that destroys the recreational aspects of the shoreline. For many years, Virginia Beach and Chesapeake have supported efforts to eradicate and control hydrilla by supporting the Lake Gaston Weed Control Council with a yearly grant of over $200,000. The Lake Gaston Weed Control Council is a regional entity made up of individuals appointed by the local governments that border Lake Gaston. Supporting the Lake Gaston Weed Control Council is in the best interest of Virginia Beach and Chesapeake. One of the primary means of controlling hydrilla is through the use of herbicides. Having the herbicides applied by licensed professionals under the supervision of individuals appointed by local governments is much safer from a water quality perspective than having individual citizens take matters into their own hands. Because hydrilla is one of the most important environmental concerns facing the lake area residents, the annual grant to the Weed Control Council also demonstrates to residents around the lake that Virginia Beach and Chesapeake care about protecting and maintaining the lake for the benefit of all users, not just for our own water needs. In last year's budget, $100,000 was proposed but it was reduced to $50,000. North Carolina continues to match Virginia Beach and Chesapeake's grant. Request: The General Assembly is requested to increase Virginia's contribution to hydrilla control in Lake Gaston to $200,000. 36 7. Infopowering the Commonwealth: Find It Virginia Marcy Sims Department Director Department of Public Libraries Background Information: The objectives of Infopowering the Commonwealth: Find It Virginia are to provide appropriate computer hardware, obtain adequate connections to the Internet, and resolve issues and costs associated with providing adequate access to all citizens to current, authoritative sources of information. Infopowering has assisted public libraries in obtaining hardware, Internet access, training labs, and some electronic databases. Virginia Beach citizens use 21 electronic databases funded by the initiative. In addition, Infopowering funds were used in partnership with grant funds from the Bill & Melinda Gates Foundation to extend activities to libraries that were not fully eligible for funding through the Gates Library initiative. Infopowering funds for FY 2002 had been reduced to $ 1.6 million. No funding was received in FY 2003 - 06. Request: The General Assembly is requested to provide $1 million in funding for FY 2007 and in each year of the biennium to support Infopowering the Commonwealth: Find It Virginia, to expand the core collection of full text reference, magazine and newspaper articles that are provided to all citizens of Virginia via their public library card or through the K-12 and community college programs. 8. Internet Access and State Aid to Public Libraries Marcy Sims Department Director Department of Public Libraries Background Information: Recent efforts in the General Assembly to eliminate State Aid to Public Libraries funding for localities that provide unfiltered Internet access exceeds the standard permitted by the U. S. Supreme Court in its ruling on the Children's Internet Protection Act (CIP A). State Aid is used entirely to support the local materials collection in public libraries. Linking Internet access with the maintenance and growth of local borrowing and reference collections is unadvisable. The effort also ignores the fact that local citizen Public Library Boards are charged with making local library policy. Questions about Internet access should be left to these local boards. 37 Request: The General Assembly is requested to oppose any legislation that eliminates State Aid to Public Libraries funding for local libraries that provide unfiltered Internet access. 9. Matching Funds for Local Housing Trust Funds Andy Friedman Department Director Housing & Neighborhood Preservation Background Information: The state should allocate an annual maximum amount of funding that would be used to provide matching funds to localities that already have, or will establish within one fiscal year, housing trust funds that help finance affordable housing using local revenue sources. The total amount of funds available would be capped and would be allocated to localities based on a population formula and a "level of local effort" formula that provided more funds to localities and provided more local revenue per capita. This mechanism would provide localities incentives to address workforce and affordable housing needs. Since both local and state funding sources would be general tax revenue, this would be the most broad-based type of effort that localities can make to establish affordable housing. The matching funds would be considered "entitlement" grants to localities as long as the local trust fund was in operation, and had established criteria for its use. The state would establish an allocation advisory board through the Department of Housing and Community Development to study and recommend minimum state criteria for housing trust funds. Request: The General Assembly is requested to appropriate $1 million in funds to be placed in an account designated as the "Local Housing Trust Fund Matching Fund". This fund would be administered by the Department of Housing and Community Development, which would develop and enforce criteria for the allocation of the funds, in consultation with localities. 38 10. State Aid to Virginia Public Libraries Marcy Sims Department Director Department of Public Libraries Background Information: The Code of Virginia (Chapter 3 of Title 42. 1) establishes Virginia's policy of granting financial aid for the development of local public libraries and provides a formula, which specifies how much each public library system should receive. This formula has not been fully funded since 2001. It is currently estimated that full funding of State Aid will require an $8,165,467 increase in FY 2007 over FY 2006 funding levels. Full funding of the State Aid formula in FY 2005 would have increased Virginia Beach's allocation from $259,688 to $381,000, an additional $121,312. Request: The General Assembly is requested to fully fund State Aid to Virginia Public Libraries in the amount of $24,500,000. 11. Transportation Funding City Council City of Virginia Beach Background Information: Transportation funding for the entire Commonwealth has been neglected for many years. The last time transportation revenues were addressed was in 1986 and the value of those revenue enhancements has been degraded by inflation. The value of the tax increase from 1986 has lost 40 percent of its purchasing power. Furthermore, the amount of traffic on our roadways, as measured by vehicle miles traveled, has greatly increased, as has vehicle ownership, which is going up exponentially to the point where there is almost one car per person in Hampton Roads. Also, the general growth of the economy, which creates more need for the movement of people, goods and services. The Hampton Roads Metropolitan Planning Organization (MPO) identified a number of high cost projects that cannot be funded within normal revenue streams. These projects are: a. Third Crossing of Hampton Roads b. Mid- Town TunnellMartin Luther King Extension - This project will widen the tunnel to 4 lanes and extend them to 1-264 39 c. Southeastern Parkway & Greenbelt - This project consists of constructing lanes from 1-264 to Route 168; 8 lanes on the Oak Grove Connector; 4 lanes on Dominion Blvd from Route 168 to Cedar Road with fully controlled access from Cedar Road to the George Washington Highway. d. U. S. Route 460 - This project consists of upgrades to interstate standards between 1-664 and Suffolk Bypass. New 4 lanes will be constructed to interstate standards between Suffolk Bypass and 1-295. e. 1-64 on the Peninsula - Widen to 6 lanes plus 2 HOV lanes from Bland Blvd to Route 199 (exit 242) (Busch Gardens) f. 1-64 on the Southside - Widen to 6 lanes from 1-464 to 1-264 at Bowers Hill The total cost of these projects exceeds $9 billion. The Metropolitan Planning Organization (MPO) investigated the feasibility of these projects being stand-a- lone toll facilities and came to the conclusion that even with a moderate toll, there would be a shortfall of approximately $275 million per year to construct the projects. The MPO also identified a number of funding sources that, as a package, would find funds to offset the $275 million shortfall. These include: Sales Tax (not collected on unprepared food) Gas Tax Motor Vehicle Registration Fee Motor Vehicle Sales & Use Tax Midtown Tunnel Excess 0.50% $75 $86 $70 $0.08 per gallon (11M/penny) $50 per vehicle (lAM vehicle) 1.00% of sales $36 Tolls provide dollars beyond the cost of the $8 Midtown Tunnel improvement. $275 If the 2006 General Assembly Session does not appropriate the above revenue generators or other revenues, the major projects must be removed from the 2030 Transportation Plan, which must be submitted in final form to the federal government by fall of 2006. Removing the projects from the Plan would mean that the completed environmental documents would become obsolete and any environmental processes would have to begin again. For example, the Third Crossing Record of Decision would be nullified. Request: The General Assembly is requested to provide a long term funding stream for the major projects in Hampton Roads. This new funding stream along with the proposed tolling of the projects would allow these importantly vital transportation projects to move forward in a timely fashion. A considerable degradation of 40 businesses and quality of life in the region will occur if these projects are not funded. 41 CITY OF VIRGINIA BEACH COMMUNITY ITEMS 2006 1. Chesapeake Bay Preservation Daniel A. Baxter President Virginia Beach Council of Civic Organizations Background Information: Include storm water management in funding matrix for Chesapeake Bay water quality. Secure funds from Chesapeake Bay Preservation for educational pursuits to educate the public on storm water management and how residents can improve the conditions of our waterways. Funding for initiatives to reduce storm water run off impacts to tributaries to the bay such as the Lynnhaven System. 2. Clean Community Funding Daniel A, Baxter President Virginia Beach Council of Civic Organizations Background Information: Designate funds from DEQ tax on beverage container to fund Clean Community programs state wide as directed. Over the past three years, the Governor has diverted this money to the General Fund. This money was in the past part of a non-competitive grant program that funded educational and volunteer based programs that promote Litter awareness and Recycling. 3. Community Correction Funding Support Carolyn Lincoln Request: The General Assembly is requested to provide additional funding for post disposition programs for convicted felons and for alternative programs such as Community Corrections. 42 ,-~ 4. Disaster Preparedness Daniel A. Baxter President Virginia Beach Council of Civic Organizations Background Information: Provide tax incentives to businesses who add auxiliary power generation to their businesses. This is critical to maintaining public safety after a storm when power supplies are disrupted. 5. Eminent Domain Daniel A. Baxter President Virginia Beach Council of Civic Organizations Background Information: Provide a clear definition of "Blight" as it applies to eminent domain. More clearly define when and where Eminent Domain can be applied by a municipality. 6. Law Enforcement Funding for Appropriate Manning Levels of Personnel Daniel A. Baxter President Virginia Beach Council of Civic Organizations 7. Preserving Naval Air Station Oceana Daniel A. Baxter President Virginia Beach Council of Civic Organizations Background Information: Providing resources necessary to make this happen. Including tax incentives for residents who change use of non conforming properties to uses that conform with land use compatible with NAS Oceana as depicted in the JLUS Letter of Understanding. 43 8. Human Services Daniel A. Baxter President Virginia Beach Council of Civic Organizations Background Information: Ensure that state provides its share of funding to support Human Services at the 10ca11eve1 based on population. 9. Identity Theft Daniel A. Baxter President Virginia Beach Council of Civic Organizations Background Information: Legislation making prosecution of such crimes easier. Directives promoting more inter agency coordination to speed up prosecution. Legislation making it easier for victims to have records corrected. 10. Property Taxes Daniel A. Baxter President Virginia Beach Council of Civic Organizations Background Information: Tie property tax rates to be adjusted to index assessments so that increases in property taxes are kept in check. 11. Transportation Daniel A. Baxter President Virginia Beach Council of Civic Organizations Background Information: Locking funds generated for Transportation into projects that impact transportation. Such as mass transit and construction of projects to relieve congestion. Encourage use of alternative power sources for transpiration through incentives. Provide more aggressive oversight of regional public transit systems to ensure they are meeting the transportation needs of the community. 12. VDOT Study on Telecommuting in Hampton Roads Bob 0 'Connor 44 CITY OF VIRGINIA BEACH POLICE DEP AR TMENT 2006 PUBLIC SAFETY ADDENDUM See separate booklet for details. 45 - 26- Item V-J. PLANNING ITEM #54455 1. CITY OF VIRGINIA BEACH STREET CLOSURES October 4, 2005 -27- Item V-J.1. PLANNING ITEM #54456 Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council ADOPTED Ordinances upon application of the CITY OF VIRGINIA BEACH for the discontinuance, closure and abandonment of portions of a. Jefferson Avenue north of Virginia Beach Boulevard b, Monroe Avenue north of Virginia Beach Boulevard c. Monroe Avenue south of 1 fJh Street d. Parks Avenue north of 18th Street e. Washington Avenue north of 1fJh Street f Washington Avenue south of 19th Street g Norfolk Place east of Washington Avenue h Alley east of Parks Avenue i, Alley west of Parks Avenue Ordinance upon Application of the City of Virginia Beach for the discontinuance, closure and abandonment of a portion of Jefferson Avenue beginning on the north side of Virginia Beach Boulevard and extending 320 feet in a northerly direction, DISTRICT 6 - BEACH The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, " approved by City Council. Copies of the policy are available in the Planning Department. No purchase price shall be charged in this street closure, however, because the City is both the owner of the underlyingfee and the applicant seeking the street closure. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of- way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of- way proposed for closure, If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. A public utility easement of sufficient width as determined by the Department of Public Utilities shall be provided on the final plat. 5. Closure of the right-of- way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council (October 3,2006). If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of- way this approval shall be considered null and void. October 4, 2005 Item V-J.J. PLANNING - 28- ITEM # 54456 (Continued) Ordinance upon Application of the City of Virginia Beach for the discontinuance, closure and abandonment of a portion of Monroe Avenue beginning on the north side of Virginia Beach Boulevard and extending approximately 355,64 feet in a northerly direction. DISTRICT 6 - BEACH The following conditions shall be required: AND, 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee, The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, " approved by City Council. Copies of the policy are available in the Planning Department. No purchase price shall be charged in this street closure, however, because the City is both the owner of the underlying fee and the applicant seeking the street closure, 2, The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels, The plat must be submitted and approved for recordation prior to final street closure approval, 3. The applicant shall verifY that no private utilities exist within the right-of-way proposed for closure, Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4, A public utility easement of sufficient width as determined by the Department of Public Utilities shall be provided on the final plat, 5. Closure of the right-of- way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council (October 3, 2006). If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. Ordinance upon Application of the City of Virginia Beach for the discontinuance, closure and abandonment of a portion of Monroe Avenue beginning on the south side of 19th Street and extending approximately 278,89 feet in a southerly direction, DISTRICT 6 - BEACH October 4, 2005 - 29- Item V-J.1. PLANNING ITEM # 54456 (Continued) The following conditions shall be required: 1, The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, " approved by City Council, Copies of the policy are available in the Planning Department. No purchase price shall be charged in this street closure, however, because the City is both the owner of the underlying fee and the applicant seeking the street closure. 2, The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3, The applicant shall verifY that no private utilities exist within the right-ofway proposed for closure, Preliminary comments from the utility companies indicate that there are no private utilities within the right-ofway proposed for closure. Ifprivate utilities do exist, easements satisfactory to the utility company, must be provided. 4. A public utility easement of sufficient width as determined by the Department of Public Utilities shall be provided on the final plat. 5. Closure of the right-ofway shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council (October 3,2006). If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of way this approval shall be considered null and void. AND, Ordinance upon Application of the City of Virginia Beach for the discontinuance, closure and abandonment of a portion of Parks Avenue beginning on the north side of 18th Street and extending approximately 300,04 feet to the south side of 19th Street. DISTRICT 6 - BEACH The following conditions shall be required: 1, The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, " approved by City Council, Copies of the policy are available in the Planning Department. No purchase price shall be charged in this street closure, however, because the City is both the owner of the underlyingfee and the applicant seeking the street closure. October 4, 2005 Item V-J.1. PLANNING AND, - 30- ITEM # 54456 (Continued) 2, The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels, The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. Ifprivate utilities do exist, easements satisfactory to the utility company, must be provided. 4, A public utility easement of sufficient width as determined by the Department of Public Utilities shall be provided on thefinal plat. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council (October 3,2006). If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. Ordinance upon Application of the City of Virginia Beach for the discontinuance, closure and abandonment of a portion of Washington Avenue beginning on the north side of 19th Street and extending 255.21 feet in a northeasterly direction. DISTRICT 6 - BEACH The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, " approved by City Council. Copies of the policy are available in the Planning Department, No purchase price shall be charged in this street closure, however, because the City is both the owner of the underlying fee and the applicant seeking the street closure, 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3, The applicant shall verify that no private utilities exist within the right-of- way proposed for closure, Preliminary comments from the utility companies indicate that there are no private utilities within the right-of- way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. October 4, 2005 - 31 - Item V-J.1. PLANNING ITEM # 54456 (Continued) 4. A public utility easement of sufficient width as determined by the Department of Public Utilities shall be provided on thefinal plat. 5. Closure of the right-of way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council (October 3,2006). If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-ofway this approval shall be considered null and void. AND, Ordinance upon Application of the City of Virginia Beach for the discontinuance, closure and abandonment of a portion of Washington Avenue beginning on the south side of ]f)lh Street and extending approximately 365.05 feet in a southerly direction. DISTRICT 6 - BEA CH The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding owners hip of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, " approved by City Council. Copies of the policy are available in the Planning Department. No purchase price shall be charged in this street closure, however, because the City is both the owner of the underlying fee and the applicant seeking the street closure. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels, The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verifj; that no private utilities exist within the right-of way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4, A public utility easement of sufficient width as determined by the Department of Public Utilities shall be provided on the final plat. 5, Closure of the right-of way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council (October 3,2006). If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-ofway this approval shall be considered null and void. October 4, 2005 Item V-J.l. PLANNING AND, - 32- ITEM # 54456 (Continued) Ordinance upon Application of the City of Virginia Beach for the discontinuance, closure and abandonment of a portion of Norfolk Place beginning on the east side of Washington Avenue and extending 195.22 feet in an easterly direction. DISTRICT 6 - BEACH The following conditions shall be required: AND, 1. The City Attorney's Office will make the final determination regarding ownership of the underlyingfee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, " approved by City Council. Copies of the policy are available in the Planning Department. No purchase price shall be charged in this street closure, however, because the City is both the owner of the underlying fee and the applicant seeking the street closure, 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verifY that no private utilities exist within the right-of way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council (October 3,2006). If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-ofway this approval shall be considered null and void. Ordinance upon Application of the City of Virginia Beach for the discontinuance, closure and abandonment of a portion of an alley beginning on the east side of Parks Avenue and extending approximately 249.66 feet in an easterly direction. DISTRICT 6 - BEACH October 4, 2005 - 33- Item V-J.l. PLANNING ITEM # 54456 (Continued) The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee, The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, " approved by City Council. Copies of the policy are available in the Planning Department. No purchase price shall be charged in this street closure, however, because the City is both the owner of the underlying fee and the applicant seeking the street closure, 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verifY that no private utilities exist within the right-ofway proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-ofway proposed for closure. Ifprivate utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council (October 3,2006), If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. AND, Ordinance upon Application of the City of Virginia Beach for the discontinuance, closure and abandonment of a portion of an alley beginning on the west side of Parks Avenue and extending approximately 312,29 feet in an westerly direction, DISTRICT 6 - BEACH The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, " approved by City Council. Copies of the policy are available in the Planning Department. No purchase price shall be charged in this street closure, however, because the City is both the owner of the underlyingfee and the applicant seeking the street closure. October 4, 2005 - 34- Item V-J.1. PLANNING ITEM # 54456 (Continued) 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verifY that no private utilities exist within the right-of way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of way proposed for closure. Ifprivate utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council (October 3,2006). If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. Voting: 9-1 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: Mayor Meyera E. Oberndorf October 4, 2005 1 2 3 4 ORDINANCE NO. 5 6 7 8 IN THE MATTER OF CLOSING, VACATING AND 9 DISCONTINUING A PORTION OF THAT CERTAIN 10 STREET SHOWN AS AN "AREA OF STREET 11 CLOSURE: 15,749 SQ. FT. OR 0.362 ACRE" AS 12 SHOWN ON THAT CERTAIN PLAT ENTITLED "PLAT. 13 SHOWING A PORTION OF JEFFERSON AVENUE 14 VIRGINIA BEACH ANNEX NO.2 (M.B. 3, P.24) (M.B. 15 154, P. 7) TO BE CLOSED AND VACATED AS A 16 PUBLIC RIGHT-OF-WAY VIRGINIA BEACH, 17 VIRGINIA CIP 9-018": 18 19 20 WHEREAS, the City of Virginia Beach applied to the Council of the City of 21 Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and 22 vacated; and 23 WHEREAS, it is the judgment of the Council that said street be discontinued, 24 closed, and vacated, subject to certain conditions having been met on or before one (1) year from 25 City Council's adoption of this Ordinance; 26 27 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 28 Beach, Virginia: 29 30 31 32 33 GPIN's: 2417-76-6536,2417-76-4609,2417-76-5273, 2417-76-7545, 2417-76-6469, 2417-76- 34 6482,2417-76-7305,2417-76-7227 and 2417-76-7230 35 36 1 36 SECTION I 37 38 That the hereinafter described street be discontinued, closed and vacated, subject 39 to certain conditions being met on or before one (1) year from City Council's adoption of this 40 ordinance: 41 42 All that certain piece or parcel of land situate, lying and being in 43 the City of Virginia Beach, Virginia, designated and described as 44 "AREA OF STREET CLOSURE: 15,749 SQ. FT. OR 0.362 45 ACRE" as shown on that certain plat entitled "PLAT SHOWING 46 A PORTION OF JEFFERSON AVENUE VIRGINIA BEACH 47 ANNEX NO.2 (M.B. 3, P.24) (M.B. 154, P. 7) TO BE CLOSED 48 AND VACATED AS A PUBLIC RIGHT-OF-WAY VIRGINIA 49 BEACH, VIRGINIA CIP 9-018" Scale: 1"= 1 00', dated August 50 12, 2003 and revised through January 14, 2005, prepared by 51 Rouse-Sirine Associates, L TD, a copy of which is attached hereto 52 as Exhibit A. 53 54 55 SECTION II 56 57 The following conditions must be met on or before one (1) year from City 58 Council's adoption of this ordinance: 59 1. The City Attorney's Office will make the final determination regarding 60 ownership of the underlying fee. The purchase price to be paid to the City is normally 61 determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to 62 Street Closures," approved by City Council. Copies of said policy are available in the Planning 63 Department. No purchase price shall be charged in this street closure, however, because the 64 City is both the owner of the underlying fee and the applicant seeking this street closure. 65 2. The applicant shall resubdivide the property and vacate intefQ.a110t lines to 66 incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted 67 and apvroved for recordation prior to final street closure approval. 2 68 3. The applicant shall verify that no private utilities exist within the right-of- 69 way proposed for closure. Preliminary comments from the utility companies indicate that there 70 are no private utilities within the right-of-way proposed for closure. If private utilities do exist, 71 the applicant shall provide easements satisfactory to the utility companies. 72 4. A public utility easement of sufficient width as determined by the 73 Department of Public Utilities shall be provided on the final plat. 74 5. Closure of the right-of-way shall be contingent upon compliance with the 75 above stated conditions within one year of approval by City Council. If all conditions noted 76 above are not in compliance and the final plat is not approved within one year of the City 77 Council vote to close the street, this approval will be considered null and void. 78 79 SECTION III 80 81 1. If the preceding conditions are not fulfilled on or before October 3, 2006, 82 this Ordinance will be deemed null and void without further action by the City Council. 83 2. If all conditions are met on or before October 3, 2006, the date of final 84 closure is the date the street closure ordinance is recorded by the City Attorney. 85 86 SECTION IV 87 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 88 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 89 VIRGINIA BEACH as "Grantor" and CITY OF VIRGINIA BEACH as "Grantee." 90 3 90 91 of October 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 III CA-8953 August 15,2005 Adopted by the Council of the City of Virginia Beach, Virginia, on this ....4..t.h- day ,2005. H:IOIDlREAL ESTATEIStreet ClosurelConvention Ceoter Street ClosureslJetTerson Ave CA8953.0RD.doc 4 APPROVED AS TO CONTENT: 9!; ~,'~"d ( Planning Department APPROVED AS TO LEGAL SUFFICIENCY: _IJJ/ia 1. MJJIJW City Attorney EXUI51T A NOW OR FORMERLY : CITY OF VIRGINIA BEA~H (D.B. 1764, P. 239) . (M.B. 3, P. 24) I GPIN:2417-76-6536 I ~NOW OR FORMERLY CllY Ng} ~R~~~~ER~hcH - - ~ CITY OF VIRGINIA BEACH # (D.B. 1815, P. 615) (I NST. 200306060087692) - - (M.B. 3, P. 24) (INST.#~00207233005907) _____ GPIN:2417-76-7545 GPIN...2117-7~-j609 _ _ _ ---- NOW OR FORMERLY NOW OR FORMERLY CITY OF VIRGINIA BEAC CITY OF VIRGINIA BEACH (D.8. 1865, P. 754) (INST.#200209183034561) (M.B. 3, P. 24) (INST.#200207263007887) GPIN:2417-76-6469 GPIN:2417-76-6482 I I / N:3476456.72 E:12217593.69 . z -> ~ (J1 (J1 NOW OR FORMERLY N CllY OF VIRGINIA BEACH ~ (INST.#200306060087692 ) (INST. #200207263007878) GPIN:2417 -76-5273 N:3476146.12 E:12217670.69 V /. - L7 - VIRGINIA BEACH BOULEVARD U,S, ROUTE 58 (60' RIGHT-OF-WAY) (M.B. 3, P. 24) NUMBER RADIUS DELTA ARC TANGENT CHORD CHORD BEARING C1 420.00' 08'57'44" 65.70' 32.92' 65.63' N02'25'18"E C2 380.00' 15'40'41" 103,98' 52.32' 103.66' S06.19'55"E NUMBER DIRECTION DISTANCE ~ INDICATES AREA OF L1 N31.04'34"E 21.21' ~RIGHT-OF-WAY TO BE '''' C~~D L2 N75.4837 E 9.34 AREA OF STREET CLOSURE: L3 N06'54'10"E 33.05' 15,749 SQ. FT. OR 0.362 ACRE L4 514'09'21 "E 79.09' L5 N76'10'20"E 14.18' APPROVED: L6 S58'49'57"E 21.16' DIRECTOR OF PLANNING L7 S76'09'06"W 69.96' 4J co <:~ ~ ;5/:8 ~f- Q!f: ~g f:!C/) Qt.i:. ;:Sf:! ~~ C/) -s:: 4t <: :$;8 ~8 ~Q:' "'~ 00 IJ:: ~8 is/:8 i5~ C/) DATE: ~ APPROVED: DIRECTOR OF PUBLIC WORKS PLAT SHOWING A PORTION OF JEFFERSON AVENUE VIRGINIA BEACH ANNEX NO. 2 (M.B. 3, P. 24)(M.B. 154, P. 7) TO BE CLOSED AND VACATED AS A PUBLIC RIGHT-OF-WAY VIRGINIA BEACH, VIRGINIA CIP 9-018 REVISED J:~3~~~ ;~: ~gg; ROUSE-SIRINE ASSOCIATES, LTD. SURVEYORS AND MAPPING CONSULTANTS 333 OFRCE SQUARE LANE VIRGINIA BEACH, VIRGINIA 23462 TEL. (757)490- 2308 .www.rouse-sirine.com 100 200 300 FEET , ' I GRAPHIC SCALE DATE: SCALE: 1 "=1 00' o I J.G. #12200-8 ACAD: 12200-8 Jefferson Revised.dwg ORDINANCE NO. 2 IN THE MATTER OF CLOSING, VACATING AND 3 DISCONTINUING A PORTION OF THAT CERTAIN 4 STREET SHOWN AS AN "AREA OF STREET 5 CLOSURE: 17,227 SQ. FT. OR 0.396 ACRE" AS 6 SHOWN ON THAT CERTAIN PLAT ENTITLED "PLAT 7 SHOWING PORTION OF MONROE AVENUE 8 VIRGINIA BEACH ANNEX NO.2 (M.B. 3, P.24) (M.B. 9 162, P. 41) TO BE CLOSED AND VACATED AS A 10 PUBLIC RIGHT-OF-WAY VIRGINIA BEACH" 11 VIRGINIA CIP 9-018": 12 WHEREAS, the City of Virginia Beach applied to the Council of the City of 13 Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and 14 vacated; and 15 WHEREAS, it is the judgment of the Council that said street be discontinued, 16 closed, and vacated, subject to certain conditions having been met on or before one (1) year from 17 City Council's adoption of this Ordinance; 18 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 19 Beach, Virginia: 20 GPIN's: See Schedule 'A' attached hereto and made apart hereof for all GPINNumbers 21 21 SECTION I 22 That the hereinafter described street be discontinued, closed and vacated, subject 23 to certain conditions being met on or before one (1) year from City Council's adoption of this 24 ordinance: 25 All that certain piece or parcel of land situate, lying and being in 26 the City of Virginia Beach, Virginia, designated and described as 27 "AREA OF STREET CLOSURE: 17,227 SQ. FT. OR 0.396 28 ACRE" as shown on that certain plat entitled "PLAT SHOWING 29 PORTION OF MONROE AVENUE VIRGINIA BEACH ANNEX 30 NO.2 (M.B. 3, P.24) (M.B. 162, P. 41) TO BE CLOSED AND 31 VACATED AS A PUBLIC RIGHT-OF-WAY VIRGINIA 32 BEACH, VIRGINIA CIP 9-018" Scale: 1"= 50', dated August 19, 33 2003 and revised through January 14, 2005, prepared by Rouse- 34 Sirine Associates, L TD, a copy of which is attached hereto as 35 Exhibit A. 36 SECTION II 37 38 The following conditions must be met on or before one (1) year from City 39 Council's adoption of this ordinance: 40 1. The City Attorney's Office will make the final determination regarding 41 ownership of the underlying fee. The purchase price to be paid to the City is normally 42 determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to 43 Street Closures," approved by City Council. Copies of said policy are available in the Planning 44 Department. No purchase price shall be charged in this street closure, however, because the 45 City is both the owner of the underlying fee and the applicant seeking this street closure. 46 2. The applicant shall resubdivide the property and vacate internal lot lines to 47 incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted 48 and approved for recordation prior to final street closure approval. 49 3. The applicant shall verify that no private utilities exist within the right-of- 50 way prvposed for closure. Preliminary comments from the utility companies indicate that there 51 are no private utilities within the right-of-way proposed for closure. If private utilities do exist, 52 the applicant shall provide easements satisfactory to the utility companies. 53 4. A Public utility easement of sufficient width as determined by the 54 Department of Public Utilities shall be provided on the final plat. 55 5. Closure of the right-of-way shall be contingent upon compliance with the 56 above stated conditions within one year of approval by City Council. If all conditions noted 57 above are not in compliance and the final plat is not approved within one year of the City 58 Council vote to close the street, this approval will be considered null and void. 59 SECTION III 60 1. If the preceding conditions are not fulfilled on or before October 3, 2006, 61 this Ordinance will be deemed null and void without further action by the City Council. 62 2. If all conditions are met on or before October 3, 2006, the date of final 63 closure is the date the street closure ordinance is recorded by the City Attorney. 64 SECTION IV 65 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 66 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 67 VIRGINIA BEACH as "Grantor" and CITY OF VIRGINIA BEACH as "Grantee." 68 SCHEDULE A 2417-76-7575 2417-76-7479 2417-76-7492 2417 -76-8228 2417-76-9265 2417-76-9665 2417-76-9571-5865 2417-76-9571-5810 2417-76-9571-5690 2417-76-9571-5710 2417-76-9571-5765 2417-76-9571-5850 2417-76-9571-5685 2417-76-9571-5760 2417-76-9571-5755 2417-76-9571-5855 2417-76-9571-5885 2417-76-9571-5800 2417-76-9571-5940 2417-76-9571-5730 2417-76-9571-5835 2417-76-9571-5880 2417-76-9571-5700 2417-76-9571-5705 2417-76-9571-5715 2417-76-9571-5875 2417-76-9571-5820 2417-76-9571-5920 2417-76-9571-5870 2417-76-9571-5740 2417-76-9571-5890 2417-76-9571-5895 2417-76-9571-5925 2417-76-9571-5935 2417-76-9571-5910 2417-76-9571-5930 2417-76-9571-5860 2417-76-9571-5780 2417-76-9571-5900 2417-76-9571-5845 2417-76-9571-5770 2417-76-9571-5905 2417-76-9571-5725 2417-76-9571-5825 2417-76-9571-5815 2417-76-9571-5750 2417-76-9571-5735 2417-76-9571-5790 2417-76-9571-5795 2417-76-9571-5805 2417-76-9571-5785 2417-76-9571-5950 2417-76-9571-5830 2417-76-9571-5840 2417-76-9571-5945 2417-76-9571-5955 2417-76-9571-5695 2417-76-9571-5745 2417-76-9571-5915 2417-76-9571-5775 2417 -76-9571-5720 EXl-+lBI-r A LINE TABLE NUMBER DIRECTION DISTANCE L 1 N31'08'14"E 21.16' L2 N76'10'20"E 20.40' L3 N76'03'48"E 4.61' L4 S76'03'48"W 5,00' L5 S58'56'12"E 21.26' ~ ~O ~qZ 1I=;o::t:l ~G')O a;:"it:J:j . I ,,~> . 1<: NOW OR FORMERLY ~ ~t:J:j CITY OF VIRGINIA BEACH 8~ (0.8. 1815, P. 615) t:J:j/ (M.B. 3, P. 24) I GPIN:2417-76-7545 N82'07'30"E ______ _L2 40.21' L3 \ - NOW OR FORMERLY CITY OF VIRGINIA BEACH (INST.#200302280031739) (INST.#200207153001349) GPIN:24 :7-76-9665 NOW OR FORMERLY CITY OF VIRGINIA BEACH (iNST.#2003070301 0 1213) (INST.#200207263007889) GPIN:2417 -76-8228 NOW OR FORMERLY CITY OF VIRGINIA BEACH (iNST. #200208263022660) (INST.#200207263007882) GPIN:2417-76-7479 N:3476433.81 E:12217846.75 NOW OR FORMERLY CITY OF VIRGINIA BEACH (iNST.#200208013011045)(M.B. 3, P. 24) (INST.#200207263007877) (D.B. 1869, P. 744) GPIN:2417-76-7492 NOW OR FORMERLY CITY OF VIRGINIA BEACH (FORMERLY SHORE WINDS, A CONDOMINIUM, 55 UNITS - SEE SHEET 2 OF 2 FOR AQUISITJON INFORMATION) LEGEND ~ INDICATES AREA OF RIGHT-OF-WAY TO BE CLOSED NOW OR FORMERLY CITY OF VIRGINIA BEACH (INST.#200307030101214) (INST. #200209063028793) GPIN:2417-76-9265 AREA OF STREET CLOSURE: 17,227 SQ, FT. OR 0.396 ACRE ,,(s " "- - 69.R9' - S76'02"16"W VIRGINIA BEACH BOULEVARD - U.S. ROUTE 58 (60' RIGHT-OF-WAY) (M.B. 3. P. 24) APPROVED: DATE: DIRECTOR OF PLANNING APPROVED: DIRECTOR OF PUBLIC WORKS DATE: PLAT SHOWING PORTION OF MONROE AVENUE VIRGINIA BEACH ANNEX NO. 2 (M.B. 3, P. 24)(M.B. 162, P. 41) TO BE CLOSED AND VACATED AS A PUBLIC RIGHT-OF-WAY VIRGINIA BEACH. VIRGINIA CIP 9-018 AUGUST 19, 2003 REVISED JANUARY 14, 200::: SCALE: 1"=50' CJOc\. ROUSE-SIRINE ASSOCIATES, SURVEYORS AND MAPPING CONSULTANTS 333 OFF1CE SQUARE LANE VIRGINIA BEACH. VIRGINIA 23462 TEL (757)490-2308.www.rouse-slrine.com 25 50 100 150 FEET ---1 LTD. o I GRAPHIC SCALE SHEET.1 OF .2 J.O. #12200-8-2 ACAD:12200-8-2 MONROE SOUTH REVISED.dwg TABLE SHOWING AQUISmON INFORMATION OF THE FORMERLY 55 UNITS OF SHORE WINDS, A CONDOMINIUM, BY THE CIlY OF VIRGINIA BEACH INST.# GPIN: 200209123032039 2417-76-9571-5865 200211253070248 2417-76-9571-5810 200302120021482 2417-76-9571-5690 200305010067379 2417-76-9571-5710 200305070071031 2417-76-9571-5765 200312170209743 2417-76-9571-5850 200401130006921 2417-76-9571-5685 20040 0066663 2417-76-9571-5760 20040 78679 2417-76-9571-5755 2004 078680 2417-76-9571-5855 2004 086589 2417-76-9571-5885 2004 086591 2417-76-9571-5800 2004 086599 2417 76 9571-5940 200486600 2417-76-9571-5730 20040 089250 2417-76-9571-5835 200406090090737 2417-76-9571-5880 200406100091316 2417 76-9571-5700 200406100091317 2417-76-9571-5705. 200406100091317 2417-76-9571-5715 200406100091317 2417-76-9571-5875 200406100091322 2417 76 9571-5820 200406100091322 2417-76-9571-5920 200406100091323 2417-76-9571-5870 200406110092278 2417-76 9571-5740 200406110092294 2417 76 9571-5890 200406110092296 2417-76-9571-5895 200406110092296 2417-76-9571-5925 200406110092296 2417-76 9571-5935 200406110092301 2417-76-9571-5910 200406110092302 2417-76-9571-5930 200406110092306 2417-76-9571-5860 200406110092307 2417 76 9571-5780 200406110092308 2417-76-9571-5900 200406110092313 2417-76 9571-5845 200406110092315 2417-76 9571-5770 200406110092316 2417-76 9571-5905 200406110092317 2417-76-9571-5725 200406110092317 2417 76 9571 5825 200406180095424 2417-76-9571-5815 200406230098025 2417 76 9571 5750 200406230098026 2417-76-9571-5735 200406230098027 2417-76-9571-5790 200406230098027 2417 76 9571 5795 200406230098032 2417-76 9571 5805 200406230098035 2417 76 9571 5785 200406230098039 2417 76 9571 5950 200406290099860 2417 76 9571-5830 200406290099860 2417-76-9571-5840 200407090105467 2417-76-9571-5945 200407090105467 2417 76 9571 5955 200407150109321 2417 76 9571 5695 200407150109321 2417 76-9571-5745 200407210112230 2417 76 9571 5915 200407300119093 2417 76 9571 5775 200408240134821 2417-76-9571-5720 APPROVED: DIRECTOR OF PLANNING DATE: APPROVED: DIRECTOR OF PUBLIC WORKS DATE: PLAT SHOWING PORTION OF MONROE AVENUE VIRGINIA BEACH ANNEX NO. 2 (M.B. 3, P. 24)(M.B. 162, P. 41) TO BE CLOSED AND VACATED AS A PUBLIC RIGHT-OF-WAY VIRGINIA BEACH, VIRGINIA CIP 9-018 SCALE: 1 "=50' CJO\ AUGUST 19, 2003 REVISED JANUARY 14, 2005 ROUSE-SIRINE ASSOCIA TES, LTD. SURVEYORS AND. MAPPING CONSULTANTS 333 OFACE SQUARE LANE VIRGINIA BEACH, VIRGINIA 23462 TEL. (757)490-2308 .www.rouse-sirine.com o I 25 50 100 GRAPHIC SCALE 1 50 FEET I SHEET 1 OF 1 J.O. #12200-8-2 ACAD: 12200-8:"'2 .MONROE SOUTH REVISEO.dwg 68 69 of October 70 71 72 CA-9657 August 15,2005 Adopted by the Council of the City of Virginia Beach, Virginia, on this #ft- day ,2005. H:IOIDlREAL ESTATEIStreet ClosurelConvention Center Street ClosureslMonroe Ave CA9657.0RD.doc 73 74 75 76 77 78 79 APPROVED AS TO CONTENT: ~ Q ,,;--O{' ~ 0 Planning Department APPROVED AS TO LEGAL SUFFICIENCY: tlJIia ~. !/J1dUJAJ CIty Attorney 1 2 3 4 ORDINANCE NO. 5 6 7 8 IN THE MATTER OF CLOSING, VACATING AND 9 DISCONTINUING A PORTION OF THAT CERTAIN 10 STREET SHOWN AS AN "AREA OF STREET 11 CLOSURE: 11,074 SQ. FT. OR 0.254 ACRE" AS 12 SHOWN ON THAT CERTAIN PLAT ENTITLED "PLAT 13 SHOWING A PORTION OF MONROE AVENUE PLAN 14 OF PROPERTY LOCATED IN VA BEACH ANNEX #2 15 (M.B. 18, P.2) TO BE CLOSED AND VACATED AS A 16 PUBLIC RIGHT-OF-WAY VIRGINIA BEACH, 17 VIRGINIA CIP 9-018": 18 19 20 WHEREAS, the City of Virginia Beach applied to the Council of the City of 21 Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and 22 vacated; and 23 WHEREAS, it is the judgment of the Council that said street be discontinued, 24 closed, and vacated, subject to certain conditions having been met on or before one (1) year from 25 City Council's adoption of this Ordinance; 26 27 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 28 Beach, Virginia: 29 30 31 32 33 GPIN's: 2417-76-7618,2417-76-7545,2417-76-8738,2417-76-8750 and 2417-76-9665 34 35 1 35 SECTION I 36 37 That the hereinafter described street be discontinued, closed and vacated, subject 38 to certain conditions being met on or before one (1) year from City Council's adoption of this 39 ordinance: 40 41 All that certain piece or parcel of land situate, lying and being in 42 the City of Virginia Beach, Virginia, designated and described as 43 "AREA OF STREET CLOSURE: 11,074 SQ. FT. OR 0.254 44 ACRE" as shown on that certain plat entitled "PLAT SHOWING 45 A PORTION OF MONROE AVENUE PLAN OF PROPERTY 46 LOCATED IN VA BEACH ANNEX #2 (M.B. 18, P.2) TO BE 47 CLOSED AND VACATED AS A PUBLIC RIGHT-OF-WAY 48 VIRGINIA BEACH, VIRGINIA CIP 9-018" Scale: 1"= 100', 49 dated August 12, 2003 and revised through January 14, 2005, 50 prepared by Rouse-Sirine Associates, LTD, a copy of which is 51 attached hereto as Exhibit A. 52 53 54 SECTION II 55 56 The following conditions must be met on or before one (1) year from City 57 Council's adoption of this ordinance: 58 1. The City Attorney's Office will make the final determination regarding 59 ownership of the underlying fee. The purchase price to be paid to the City is normally 60 determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to 61 Street Closures," approved by City Council. Copies of said policy are available in the Planning 62 Department. No purchase price shall be charged in this street closure, however, because the 63 City is both the owner of the underlying fee and the applicant seeking this street closure. 64 2. The applicant shall resubdivide the property and vacate intemallot lines to 65 incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted 66 and approved for recordation prior to final street closure approval. 2 67 3. The applicant shall verify that no private utilities exist within the right-of- 68 way proposed for closure. Preliminary comments from the utility companies indicate that there 69 are no private utilities within the right-of-way proposed for closure. If private utilities do exist, 70 the applicant shall provide easements satisfactory to the utility companies. 71 4. A public utility easement of sufficient width as determined by the 72 Department of Public Utilities shall be provided on the final plat. 73 5. Closure of the right-of-way shall be contingent upon compliance with the 74 above stated conditions within one year of approval by City Council. If all conditions noted 75 above are not in compliance and the final plat is not approved within one year of the City 76 Council vote to close the street, this approval will be considered null and void. 77 78 SECTION III 79 80 1. If the preceding conditions are not fulfilled on or before October 3, 2006, 81 this Ordinance will be deemed null and void without further action by the City Council. 82 2. If all conditions are met on or before October 3, 2006, the date of final 83 closure is the date the street closure ordinance is recorded by the City Attorney. 84 85 SECTION IV 86 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 87 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 88 VIRGINIA BEACH as "Grantor" and CITY OF VIRGINIA BEACH as "Grantee." 89 3 89 Adopted by the Council of the City of Virginia Beach, Virginia, on this 4 th day 90 of October,2005. 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 CA-9654 August 15,2005 H:IOIDIREAL ESTATEIStreet ClosurelConvention Center Street ClosureslMonroe Ave CA9654.0RD.doc 4 APPROVED AS TO CONTENT: ~ %~JS#;~ Planning Department APPROVED AS TO LEGAL SUFFICIENCY: tu{l~~.~ CIty Attorney 1 2 3 4 ORDINANCE NO. 5 6 7 8 IN THE MATTER OF CLOSING, VACATING AND 9 DISCONTINUING A PORTION OF THAT CERTAIN 10 STREET SHOWN AS AN "AREA OF STREET 11 CLOSURE: 17,904 SQ. FT. OR 0.411 ACRE" AS 12 SHOWN ON THAT CERTAIN PLAT ENTITLED "PLAT 13 SHOWING PORTION OF PARKS AVENUE THE 14 ATLANTIC INVESTMENT COMPANY OF NORFOLK, . 15 VA. (M.B. 55. P.33) TO BE CLOSED AND VACATED 16 AS A PUBLIC RIGHT-OF-WAY VIRGINIA BEACH, 17 VIRGINIA CIP 9-018": 18 19 20 WHEREAS, the City of Virginia Beach applied to the Council of the City of 21 Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and 22 vacated; and 23 WHEREAS, it is the judgment of the Council that said street be discontinued, 24 closed, and vacated, subject to certain conditions having been met on or before one (1) year from 25 City Council's adoption of this Ordinance; 26 27 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 28 Beach, Virginia: . 29 30 31 32 33 GPIN's: 2417-86-6937,2417-86-5749,2417-87-7032 and 2417-86-8899 34 35 1 35 SECTION I 36 37 That the hereinafter described street be discontinued, closed and vacated, subject 38 to certain conditions being met on or before one (1) year from City Council's adoption of this 39 ordinance: 40 41 All that certain piece or parcel of land situate, lying and being in 42 the City of Virginia Beach, Virginia, designated and described as 43 "AREA OF STREET CLOSURE: 17,904 SQ. FT. OR 0.411 44 ACRE" as shown on that certain plat entitled "PLAT SHOWING 45 PORTION OF PARKS AVENUE THE ATLANTIC 46 INVESTMENT COMPANY OF NORFOLK, VA. (M.B. 55. P.33) 47 TO BE CLOSED AND VACATED AS A PUBLIC RIGHT-OF- 48 WAY VIRGINIA BEACH, VIRGINIA CIP 9-018" Scale: 1"= 49 50', dated August 19,2003 and revised through January 14,2005, 50 prepared by Rouse-Sirine Associates, LTD, a copy of which is 51 attached hereto as Exhibit A. 52 53 54 SECTION II 55 56 The following conditions must be met on or before one (1) year from City 57 Council's adoption of this ordinance: 58 1. The City Attomey's Office will make the final determination regarding 59 ownership of the underlying fee. The purchase price to be paid to the City is normally 60 determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to 61 Street Closures," approved by City Council. Copies of said policy are available in the Planning 62 Department. No purchase price shall be charged in this street closure, however, because the 63 City is both the owner of the underlying fee and the applicant seeking this street closure. 64 2. The applicant shall resubdivide the property and vacate intema110t lines to 65 incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted 66 and approved for recordation prior to final street closure approval. 2 67 3. The applicant shall verify that no private utilities exist within the right-of- 68 way proposed for closure. Preliminary comments from the utility companies indicate that there 69 are no private utilities within the right-of-way proposed for closure. If private utilities do exist, 70 the applicant shall provide easements satisfactory to the utility companies. 71 4. A public utility easement of sufficient width as determined by the 72 Department of Public Utilities shall be provided on the final plat. 73 5. Closure of the right-of-way shall be contingent upon compliance with the 74 above stated conditions within one year of approval by City Council. If all conditions noted 75 above are not in compliance and the final plat is not approved within one year of the City 76 Council vote to close the street, this approval will be considered null and void. 77 78 SECTION III 79 80 1. If the preceding conditions are not fulfilled on or before October 3, 2006, 81 this Ordinance will be deemed null and void without further action by the City Council. 82 2. If all conditions are met on or before October 3, 2006, the date of final 83 closure is the date the street closure ordinance is recorded by the City Attorney. 84 85 SECTION IV 86 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 87 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 88 VIRGINIA BEACH as "Grantor" and CITY OF VIRGINIA BEACH as "Grantee." 89 3 89 90 Adopted by the Council of the City of Virginia Beach, Virginia, on this~ day 91 of October ,2005. 92 93 94 CA-9655 95 August 15, 2005 96 H:\OIDIREAL ESTATE\Street Closure\Convention Center Street Closures\Parks Ave CA9655.0RD.doc 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 4 APPROVED AS TO CONTENT: ~ ~"S"O~ ,e,.. Planning Department APPROVED AS TO LEGAL SUFFICIENCY: lJiaa ~ fJMIM Ity Attorney ~ :s/ff Qk! "'0 /:::! V) Cl Li: i:it:= ~~ V)~ 4J~ ~Cl 6'"" &!5 N~ ~8 iE!!J i5~ '" EXWI131T A N:3477053.75 E:12218652.17 NOW OR FORMERLY CITY OF VIRGINIA BEACH (INST.#2003060600B7692) (INST.#2002072230050B8) GPIN:2417-B6-6937 20' ALLEY (M.B. 55, P. 33) NOW OR FORMERLY CITY OF VIRGINIA BEACH (D.B. 3599, P. 2160) (M,B, 55, p, 33)(M.B. 279, p, 62) GPIN:2417-B6-5749 N:3476762.54 E:12218724.4D LEGEN D ~ INDICATES AREA OF RIGHT-OF-WAY TO BE CLOSED AREA OF STREET CLOSURE: 17,904 SQ. FT, OR 0.411 ACRE APPROVED: DATE: DIRECTOR OF PlANNING APPROVED: DATE: DIRECTOR OF PUBLIC WORKS J.D. #12200-B-2 19TH STREET (VARIABLE WIDTH RIGHT-OF -WAY) (M.B. 136, P. 49A)(M.B, 55, P. 33) NBJ'J6'21"E - 61.71' NOW OR FORMERLY CITY OF VIRGINIA BEACH (INST.#2003022BOOJ1740) (INST.#20020801301062B) GPIN:2417 -87 -7032 ~ 20' ALLEY (M.B. 55, P. 33) NOW OR FORMERLY CITY OF VIRGINIA BEACH' (O.B. 3449, P. 781) (M.B. 279, P. 62) GPIN:2417-B6-BB99 60.00 S76'04' 44"W 18TH STREET (60' RIGHT-OF-WAY) (M.B. 55. P. 33) PLAT SHOWING PORTION OF PARKS AVENUE THE ATLANTIC INVESTMENT COMPANY OF NORFOLK, VA. (M.B. 55. P. 33) TO BE CLOSED AND VACATED AS A PUBLIC RIGHT-OF-WAY VIRGINIA BEACH, VIRGINIA CIP 9-018 SCALE: 1"=50' ~ AUGUST 19, 2003 REVISED JANUARY 14, 2005 ROUSE-SIRINE ASSOCIATES, SURVEYORS AND MAPPING CONSULTANTS 333 OFFICE SQUARE LANE VIRGINIA BEACH, VIRGINIA 23462 TEL. (757)490-230B .www.rouse-sirine.com LTD. o I 25 5.0 100 , , GRAPHIC SCALE 1 50 FEET I ACAD:12200-8-2 PARKS AVENUE REVISEO.dwg 1 2 3 4 ORDINANCE NO. 5 6 7 8 IN THE MATTER OF CLOSING, VACATING AND 9 DISCONTINUING A PORTION OF THAT CERTAIN 10 STREET SHOWN AS AN "AREA OF STREET 11 CLOSURE: 8,861 SQ. FT. OR 0.203 ACRE" AS SHOWN 12 ON THAT CERTAIN PLAT ENTITLED "PLAT 13 SHOWING A PORTION OF WASHINGTON AVENUE 14 LOCATED IN BROWNIE PARK (M.B. 26, P.3) TO BE . 15 CLOSED AND VACATED AS A PUBLIC RIGHT-OF- 16 WAY VIRGINIA BEACH, VIRGINIA CIP 9-018": 17 18 19 WHEREAS, the City of Virginia Beach applied to the Council of the City of 20 Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and 21 vacated; and 22 WHEREAS, it is the judgment of the Council that said street be discontinued, 23 closed, and vacated, subject to certain conditions having been met on or before one (1) year from 24 City Council's adoption of this Ordinance; 25 26 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 27 Beach, Virginia: 28 29 30 31 32 GPIN: 2417-77-6250 33 34 1 34 SECTION I 35 36 That the hereinafter described street be discontinued, closed and vacated, subject 37 to certain conditions being met on or before one (1) year from City Council's adoption of this 38 ordinance: 39 40 All that certain piece or parcel of land situate, lying and being in 41 the City of Virginia Beach, Virginia, designated and described as 42 "AREA OF STREET CLOSURE: 8,861 SQ. FT. OR 0.203 43 ACRE" as shown on that certain plat entitled "PLAT SHOWING 44 A PORTION OF W ASHINGTON AVENUE LOCATED IN 45 BROWNIE PARK (M,B. 26, P,3) TO BE CLOSED AND 46 VACATED AS A PUBLIC RIGHT-OF-WAY VIRGINIA 47 BEACH, VIRGINIA CIP 9-018" Scale: 1"= 25', dated August 19, 48 2003 and revised through June 23, 2005, prepared by Rouse-Sirine 49 Associates, LTD, a copy of which is attached hereto as Exhibit A. 50 51 52 SECTION II 53 54 The following conditions must be met on or before one (1) year from City 55 Council's adoption of this ordinance: 56 1. The City Attorney's Office will make the final determination regarding 57 ownership of the underlying fee. The purchase price to be paid to the City is normally 58 determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to 59 Street Closures," approved by City Council. Copies of said policy are available in the Planning 60 Department. No purchase price shall be charged in this street closure, however, because the 61 City is both the owner of the underlying fee and the applicant seeking this street closure. 62 2. The applicant shall resubdivide the property and vacate internal lot lines to 63 incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted 64 and approved for recordation prior to final street closure approval. 2 65 3. The applicant shall verify that no private utilities exist within the right-of- 66 way proposed for closure. Preliminary comments from the utility companies indicate that there 67 are no private utilities within the right-of-way proposed for closure. If private utilities do exist, 68 the applicant shall provide easements satisfactory to the utility companies. 69 4. A public utility easement of sufficient width as determined by the 70 Department of Public Utilities shall be provided on the final plat. 71 5. Closure of the right-of-way shall be contingent upon compliance with the 72 above stated conditions within one year of approval by City Council. If all conditions noted 73 above are not in compliance and the final plat is not approved within one year of the City 74 Council vote to close the street, this approval will be considered null and void. 75 76 SECTION III 77 78 1. If the preceding conditions are not fulfilled on or before October 3, 2006, 79 this Ordinance will be deemed null and void without further action by the City Council. 80 2. If all conditions are met on or before October 3, 2006, the date of final 81 closure is the date the street closure ordinance is recorded by the City Attorney. 82 83 SECTION IV 84 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 85 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 86 VIRGINIA BEACH as "Grantor" and CITY OF VIRGINIA BEACH as "Grantee." 87 3 87 88 Adopted by the Council of the City of Virginia Beach, Virginia, on this 4 th day 89 of October ' 2005. 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 CA-9656 August 15, 2005 H:IOIDIREAL ESTATEIStreet ClosurelConvention Center Street ClosureslWashington Ave CA9656.0RD.doc APPROVED AS TO CONTENT: ~ t"I{"O,( ~ Planning Department APPROVED AS TO LEGAL SUFFICIENCY: IJJW ~Jll!!f!:l 4 1 2 3 4 ORDINANCE NO. 5 6 7 8 IN THE MATTER OF CLOSING, VACATING AND 9 DISCONTINUING A PORTION OF THAT CERTAIN 10 STREET SHOWN AS AN "AREA OF STREET 11 CLOSURE: 14,075 SQ. FT. OR 0.323 ACRE" AS 12 SHOWN ON THAT CERTAIN PLAT ENTITLED "PLAT 13 SHOWING PORTION OF WASHINGTON AVENUE 14 VIRGINIA BEACH ANNEX NO.2 (M.B. 3, P.24) (M.B. 15 279, PP. 62-65) TO BE CLOSED AND VACATED AS A 16 PUBLIC RIGHT-OF-WAY VIRGINIA BEACH, 17 VIRGINIA CIP 9-018": 18 19 20 WHEREAS, the City of Virginia Beach applied to the Council of the City of 21 Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and 22 vacated; and 23 WHEREAS, it is the judgment of the Council that said street be discontinued, 24 closed, and vacated, subject to celiain conditions having been met on or before one (1) year from 25 City Council's adoption of this Ordinance; 26 27 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 28 Beach, Virginia: 29 30 31 32 33 GPIN's: 2417-86-0864, 2417-86-1707, 2417-86-1712, 2417-86-1627, 2417-86-1614, 2417-86- 34 1549,2417-86-1552,2417-86-1877,2417-86-2729 and 2417-86-5749 35 36 1 36 SECTION I 37 38 That the hereinafter described street be discontinued, closed and vacated, subject 39 to certain conditions being met on or before one (1) year from City Council's adoption of this 40 ordinance: 41 42 All that certain piece or parcel of land situate, lying and being in 43 the City of Virginia Beach, Virginia, designated and described as 44 "AREA OF STREET CLOSURE: 14,075 SQ. FT. OR 0.323 45 ACRE" as shown on that certain plat entitled "PLAT SHOWING 46 PORTION OF WASHINGTON AVENUE VIRGINIA BEACH 47 ANNEX NO. 2 (M.B. 3, P.24) (M.B. 279, PP. 62-65) TO BE 48 CLOSED AND VACATED AS A PUBLIC RIGHT-OF-WAY 49 VIRGINIA BEACH, VIRGINIA CIP 9-018" Scale: 1"= 50', dated 50 August 15, 2003 and revised through January 25, 2005, prepared' 51 by Rouse-Sirine Associates, LTD, a copy of which is attached 52 hereto as Exhibit A. 53 54 55 SECTION II 56 57 The following conditions must be met on or before one (1) year from City 58 Council's adoption of this ordinance: 59 1. The City Attorney's Office will make the final determination regarding 60 ownership of the underlying fee. The purchase price to be paid to the City is normally 61 determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to 62 Street Closures," approved by City Council. Copies of said policy are available in the Planning 63 Department. No purchase price shall be charged in this street closure, however, because the 64 City is both the owner of the underlying fee and the applicant seeking this street closure. 65 2. The applicant shall resubdivide the property and vacate internal lot lines to 66 incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted 67 and approved for recordation prior to final street closure approval. 2 68 3. The applicant shall verify that no private utilities exist within the right-of- 69 way proposed for closure. Preliminary comments from the utility companies indicate that there 70 are no private utilities within the right-of-way proposed for closure. If private utilities do exist, 71 the applicant shall provide easements satisfactory to the utility companies. 72 4. A public utility easement of sufficient width as determined by the 73 Department of Public Utilities shall be provided on the final plat. 74 5. Closure of the right-of-way shall be contingent upon compliance with the 75 above stated conditions within one year of approval by City Council. If all conditions noted 76 above are not in compliance and the final plat is not approved within one year of the City 77 Council vote to close the street, this approval will be considered null and void. 78 79 SECTION III 80 81 1. If the preceding conditions are not fulfilled on or before October 3, 2006, 82 this Ordinance will be deemed null and void without further action by the City Council. 83 2. If all conditions are met on or before October 3, 2006, the date of final 84 closure is the date the street closure ordinance is recorded by the City Attorney. 85 86 SECTION IV 87 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 88 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 89 VIRGINIA BEACH as "Grantor" and CITY OF VIRGINIA BEACH as "Grantee." 90 3 90 91 Adopted by the Council of the City of Virginia Beach, Virginia, on this .itL day 92 of October ,2005. 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 CA-8954 August 15,2005 H:IOIDIREAL ESTATEIStreet ClosurelConvcntion Center Street Closuresl Washington Ave CA8954.0RD.doc 4 APPROVED AS TO CONTENT: ~ 1>,(5,,0.{ ,,? Planmng Department APPROVED AS TO LEGAL SUFFICIENCY: /UJ4~-~ CIty Attorney 1 2 3 4 ORDINANCE NO. 5 6 7 8 IN THE MATTER OF CLOSING, VACATING AND 9 DISCONTINUING A PORTION OF THAT CERTAIN 10 STREET SHOWN AS AN "AREA OF STREET 11 CLOSURE: 7,502 SQ. FT. OR 0.172 ACRE" AS SHOWN 12 ON THAT CERTAIN PLAT ENTITLED "PLAT 13 SHOWING NORFOLK PLACE VIRGINIA BEACH 14 ANNEX NO.2 (M.B. 3, P.24) TO BE CLOSED AND 15 VACATED AS A PUBLIC RIGHT-OF-WAY VIRGINIA 16 BEACH, VIRGINIA CIP 9-018": 17 18 19 WHEREAS, the City of Virginia Beach applied to the Council of the City of 20 Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and 21 vacated; and 22 WHEREAS, it is the judgment of the Council that said street be discontinued, 23 closed, and vacated, subject to certain conditions having been met on or before one (1) year from 24 City Council's adoption of this Ordinance; 25 26 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 27 Beach, Virginia: 28 29 30 31 32 GPIN: 2417-86-5749 and 2417-86-2729 33 34 1 34 SECTION I 35 36 That the hereinafter described street be discontinued, closed and vacated, subject 37 to certain conditions being met on or before one (1) year from City Council's adoption of this 38 ordinance: 39 40 All that certain piece or parcel of land situate, lying and being in 41 the City of Virginia Beach, Virginia, designated and described as 42 "AREA OF STREET CLOSURE: 7,502 SQ. FT. OR 0.172 43 ACRE" as shown on that certain plat entitled "PLAT SHOWING 44 NORFOLK PLACE VIRGINIA BEACH ANNEX NO.2 (M.B. 3, 45 P.24) TO BE CLOSED AND VACATED AS A PUBLIC RIGHT- 46 OF-WAY VIRGINIA BEACH, VIRGINIA CIP 9-018" Scale: 1"= 47 25', dated August 15,2003 and revised through January 14,2005, 48 prepared by Rouse-Sirine Associates, LTD, a copy of which is 49 attached hereto as Exhibit A. 50 51 52 SECTION II 53 54 The following conditions must be met on or before one (1) year from City 55 Council's adoption of this ordinance: 56 1. The City Attorney's Office will make the final determination regarding 57 ownership of the underlying fee. The purchase price to be paid to the City is normally 58 determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to 59 Street Closures," approved by City Council. Copies of said policy are available in the Planning 60 Department. No purchase price shall be charged in this street closure, however, because the 61 City is both the owner of the underlying fee and the applicant seeking this street closure. 62 2. The applicant shall resubdivide the property and vacate internal lot lines to 63 incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted 64 and approved for recordation prior to final street closure approval. 2 65 3. The applicant shall verify that no private utilities exist within the right-of-way 66 proposed for closure. Preliminary comments from the utility companies indicate that there are 67 no private utilities within the right-of-way proposed for closure. If private utilities do exist, the 68 applicant shall provide easements satisfactory to the utility companies. 69 4. Closure of the right-of-way shall be contingent upon compliance with the 70 above stated conditions within one year of approval by City Council. If all conditions noted 71 above are not in compliance and the final plat is not approved within one year of the City 72 Council vote to close the street, this approval will be considered null and void. 73 74 SECTION III 75 76 1. If the preceding conditions are not fulfilled on or before October 3, 2006, 77 this Ordinance will be deemed null and void without further action by the City Council. 78 2. If all conditions are met on or before October 3, 2006, the date of final 79 closure is the date the street closure ordinance is recorded by the City Attorney. 80 81 SECTION IV 82 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 83 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 84 VIRGINIA BEACH as "Grantor" and CITY OF VIRGINIA BEACH as "Grantee." 85 3 85 Adopted by the Council of the City of Virginia Beach, Virginia, on this ..4...t.L day 86 of October ,2005. 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 CA-8952 August 15,2005 H:IOIDIREAL ESTATEIStreet ClosurelCoovention Center Street ClosureslNorfolk Place CA8952.0RD.doc 4 APPROVED AS TO CONTENT: ~ ~..IYi>;- Planning Department APPROVED AS TO LEGAL SUFFICIENCY: tIJt/il ~ ~ CIty Attorney 1 2 3 4 ORDINANCE NO. 5 6 7 8 IN THE MATTER OF CLOSING, VACATING AND 9 DISCONTINUING A PORTION OF THAT CERTAIN 10 STREET SHOWN AS AN "AREA OF STREET 11 CLOSURE: 4,858 SQ. FT. OR 0.112 ACRE" AS SHOWN 12 ON THAT CERTAIN PLAT ENTITLED "PLAT 13 SHOWING PORTION OF 20' ALLEY THE ATLANTIC 14 INVESTMENT COMPANY OF NORFOLK, VA. (M.B. 15 55, P.33) TO BE CLOSED AND VACATED AS A 16 PUBLIC RIGHT-OF-WAY VIRGINIA BEACH, 17 VIRGINIA CIP 9-018": 18 19 20 WHEREAS, the City of Virginia Beach applied to the Council of the City of 21 Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and 22 vacated; and 23 WHEREAS, it is the judgment of the Council that said street be discontinued, 24 closed, and vacated, subject to certain conditions having been met on or before one (1) year from 25 City Council's adoption of this Ordinance; 26 27 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 28 Beach, Virginia: 29 30 31 32 33 GPIN's: 2417-86-8899, 2417-86-7976, 2417-87-7032, 2417-87-7084, 2417-87-8011, 2417-86- 34 8979,2417-87-8077,2417-87-9013, 2417-87-9056, 2417-97-0091 and 2417-96-0848 35 36 1 36 SECTION I 37 38 That the hereinafter described street be discontinued, closed and vacated, subject 39 to certain conditions being met on or before one (1) year from City Council's adoption of this 40 ordinance: 41 42 All that certain piece or parcel of land situate, lying and being in 43 the City of Virginia Beach, Virginia, designated and described as . 44 "AREA OF STREET CLOSURE: 4,858 SQ. FT. OR 0.112 45 ACRE" as shown on that certain plat entitled "PLAT SHOWING 46 PORTION OF 20' ALLEY THE ATLANTIC INVESTMENT 47 COMPANY OF NORFOLK, VA. (M.B. 55, P.33) TO BE 48 CLOSED AND VACATED AS A PUBLIC RIGHT-OF-WAY 49 VIRGINIA BEACH, VIRGINIA CIP 9-018" Scale: 1"= 50', dated 50 August 19, 2003 and revised through January 14, 2005, prepared 51 by Rouse-Sirine Associates, LTD, a copy of which is attached 52 hereto as Exhibit A. 53 54 55 SECTION II 56 57 The following conditions must be met on or before one (1) year from City 58 Council's adoption of this ordinance: 59 1. The City Attorney's Office will make the final determination regarding 60 ownership of the underlying fee. The purchase price to be paid to the City is normally 61 determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to 62 Street Closures," approved by City Council. Copies of said policy are available in the Planning 63 Department. No purchase price shall be charged in this street closure, however, because the 64 City is both the owner of the underlying fee and the applicant seeking this street closure. 65 2. The applicant shall resubdivide the property and vacate intema110t lines to 66 incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted 67 and approved for recordation prior to final street closure approval. 2 68 3. The applicant shall verify that no private utilities exist within the right-of-way 69 proposp.d for closure. Preliminary comments from the utility companies indicate that there are 70 no private utilities within the right-of-way proposed for closure. If private utilities do exist, the 71 applicant shall provide easements satisfactory to the utility companies. 72 4. Closure of the right-of-way shall be contingent upon compliance with the 73 above stated conditions within one year of approval by City Council. If all conditions noted 74 above are not in compliance and the final plat is not approved within one year of the City 75 Council vote to close the street, this approval will be considered null and void. 76 77 SECTION III 78 79 If the preceding conditions are not fulfilled on or before October 3, 2006, 80 this Ordinance will be deemed null and void without further action by the City Council. 1. 81 2. If all conditions are met on or before October 3, 2006, the date of final 82 closure is the date the street closure ordinance is recorded by the City Attorney. 83 SECTION IV 84 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 85 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 86 VIRGINIA BEACH as "Grantor" and CITY OF VIRGINIA BEACH as "Grantee." 87 3 87 Adopted by the Council of the City of Virginia Beach, Virginia, on this A.t.h..- day 88 of October ,2005. 89 90 91 CA-9658 92 August 15, 2005 93 H:IOIDIREAL ESTATEIStreet ClosurelConventioo Center Street Closuresl20' alley CA96S8.0RD.doc 94 95 96 97 98 99 100 101 102 103 104 105 106 107 4 APPROVED AS TO CONTENT: ~ ~~ JS"i>,{" "'~ Planmng Department APPROVED AS TO LEGAL SUFFICIENCY: tIi fffi ?J !iMIJW CIty Attorney 1 2 3 4 ORDINANCE NO. 5 6 7 8 IN THE MATTER OF CLOSING, V ACA TING AND 9 DISCONTINUING A PORTION OF THAT CERTAIN 10 STREET SHOWN AS AN "AREA OF STREET 11 CLOSURE: 6,217 SQ, FT. OR 0.143 ACRE" AS SHOWN 12 ON THAT CERTAIN PLAT ENTITLED "PLAT 13 SHOWING PORTION OF 20' ALLEY THE ATLANTIC 14 INVESTMENT COMPANY OF NORFOLK, VA. (M.B. 15 55, P.33) TO BE CLOSED AND VACATED AS A 16 PUBLIC RIGHT-OF-WAY VIRGINIA BEACH, 17 VIRGINIA CIP 9-018": 18 19 20 WHEREAS, the City of Virginia Beach applied to the Council of the City of 21 Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and 22 vacated; and 23 WHEREAS, it is the judgment of the Council that said street be discontinued, 24 closed, and vacated, subject to certain conditions having been met on or before one (1) year from 25 City Council's adoption of this Ordinance; 26 27 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 28 Beach, Virginia: 29 30 31 32 33 GPIN's: 2417-86-5749, 2417-86-3828, 2417-86-3990, 2417-86-4942, 2417-86-4990, 2417-86- 34 5907,2417-86-5986,2417-86-5944 and 2417-86-6937 35 36 1 36 SECTION I 37 38 That the hereinafter described street be discontinued, closed and vacated, subject 39 to certain conditions being met on or before one (1) year from City Council's adoption of this 40 ordinance: 41 42 All that certain piece or parcel of land situate, lying and being in 43 the City of Virginia Beach, Virginia, designated and described as 44 "AREA OF STREET CLOSURE: 6,217 SQ. FT. OR 0.143 45 ACRE" as shown on that certain plat entitled "PLAT SHOWING 46 PORTION OF 20' ALLEY THE ATLANTIC INVESTMENT 47 COMP ANY OF NORFOLK, VA. (M.B. 55, P.33) TO BE 48 CLOSED AND VACATED AS A PUBLIC RIGHT-OF-WAY 49 VIRGINIA BEACH, VIRGINIA CIP 9-018" Scale: 1"= 50', dated 50 August 19, 2003 and revised through January 14, 2005, prepared 51 by Rouse-Sirine Associates, LTD, a copy of which is attached' 52 hereto as Exhibit A. 53 54 55 SECTION II 56 57 The following conditions must be met on or before one (1) year from City 58 Council's adoption of this ordinance: 59 1. The City Attorney's Office will make the final determination regarding 60 ownership of the underlying fee. The purchase price to be paid to the City is normally 61 determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to 62 Street Closures," approved by City Council. Copies of said policy are available in the Planning 63 Department. No purchase price shall be charged in this street closure, however, because the 64 City is both the owner of the underlying fee and the applicant seeking this street closure. 65 2. The applicant shall resubdivide the property and vacate internal lot lines to 66 incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted 67 and approved for recordation prior to final street closure approval. 2 68 3. The applicant shall verify that no private utilities exist within the right-of-way 69 proposed for closure. Preliminary comments from the utility companies indicate that there are 70 no private utilities within the right-of-way proposed for closure. If private utilities do exist, the 71 applicant shall provide easements satisfactory to the utility companies. 72 4. Closure of the right-of-way shall be contingent upon compliance with the 73 above stated conditions within one year of approval by City Council. If all conditions noted 74 above are not in compliance and the final plat is not approved within one year of the City 75 Council vote to close the street, this approval will be considered null and void. 76 77 SECTION III 78 79 1. If the preceding conditions are not fulfilled on or before October 3, 2006, 80 this Ordinance will be deemed null and void without further action by the City Council. 81 2. If all conditions are met on or before October 3, 2006, the date of final 82 closure is the date the street closure ordinance is recorded by the City Attorney. 83 84 SECTION IV 85 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 86 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 87 VIRGINIA BEACH as "Grantor" and CITY OF VIRGINIA BEACH as "Grantee." 88 3 88 Adopted by the Council of the City of Virginia Beach, Virginia, on this --4th- day 89 of_October _,2005. 90 91 92 CA-9659 93 August 15,2005 94 H:IOIDlREAL ESTAfEIStreet ClosurelConvention Center Street Closuresl20' alley CA9659.0RD.doc 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 APPROVED AS TO CONTENT: ~ ~... Js..l>~ P~ning Department APPROVED AS TO LEGAL SUFFICIENCY: IiJM ~~ Ity Attorney 4 o ~~~ zz ~~ ~ 06 ;<::~~ -r'J::;E ~g g <0 ->-NC",.I-;o .....00:::0 c!,,:::!~ ~b 'i't;l~ ~~ ",00)>r>1 OJOGJ ;0 txi=::5:lDS: <OOJ(TJ ~~ )> o ::J: N:3476823.28 E:12218387.58 LEGEND ~ INDICATES AREA OF RIGHT-OF-WAY TO BE CLOSED EXt+IBIT A '0 Q Coo ~~ ~ ~ ::j z z ..po. -< G)~ ~ oz ~ OZ ""0.. 0,-...... 0 ~~~ -r'J::;E ~ ~ -c -r'J::;E ~8 8 <0 :::j!D:" <0 :::j::5 ~ ;;0'" 6,'" '" ;;0'" ~:: ~ 96 0">...0l~ ~b 0>'" CD z'" 1. -c <:) Z'" "-~ g ;;:~ ~;"!n ;;:~ to ~ ~ ~ "'~ 0> ~ ~~ ~ CD-< 9' CD-< ~~ ~ -c ~ C') 'C') ::I: ~::J: -::; 19TH STREET (VARIABLE WIDTH RIGHT-OF-WAY) (M.B. 136, p, 49A)(M.B. 55, P. 33) NOW OR FORMERLY CITY OF VIRGINIA BEACH (INST,#200212203084020) (INST.#200207183003129) ~.GPIN:2417_86_4990 GPIN:2417 -86-5907 GPIN:2417-86-5986 GPIN:2417 -86-5944 ~ 0> O. ==~ zz ~~ ~ 06 i?~~ -r'J::;E ~g g <0 ~"'u -;0 .....00:::0 I-.Jo>(j)"'~ OONO _O..J:lo. 'i't::~~~Po 0>00)>r>10 <D~~ ;0.. ~oo>CD'< co <0 (TI co '" ;J> ~~ C') ::I: '" (;5'"0 ~I> ~1~ (/) !Do~ I",~ (.1l j1trJ ~~ !J1~> ,8 . -c~-<: ..~ . -t%j ,.{ tj~2: ~~c:: ~trj ~ r>1 S ,s 0) 309.43' 20' ALLEY (M.B. 55, p, 33) S76"04'16"W 312.29' N:3476898,46 E:12218690.69 NOW OR FORMERLY CITY OF VIRGINIA BEACH (D.B, 3486, P. 755)(D.8. 3486, P. 758) (D.B. 3507, p, 1752)(D,B. 3551, p, 1255) (D.B. 3599, P. 2160) (M.B. 55. P. 33)(M.B. 238, P. 90) (M,B. 239, P. 98)(M.8. 279, p, 62) GPIN:2417-86-5749 AREA OF STREET CLOSURE: 6,217 SQ. rL OR 0.143 ACRE APPROVED: DATE: DIRECTOR OF PLANNING APPROVED: DATE: DIRECTOR OF PUBLIC WORKS J.D. #12200-8-2 PLAT SHOWING PORTION OF 20' ALLEY THE ATLANTIC INVESTMENT COMPANY OF NORFOLK, VA. (M.B. 55, P. 33) TO BE CLOSED AND VACATED ,t.,S A PUBLIC RIGHT-OF-WAY VIRGINIA BEACH, VIRGINIA CIP 9-018 SCALE: 1"=50' AUGUST 19, 2003 REVISED JANUARY 14, 2005 ~ ROUSE-SIRINE ASSOCIATES, SURVEYORS AND MAPPING CONSULTANTS 333 OFFICE SQUARE LANE VIRGINIA BEACH, VIRGINIA 23462 TEL. (757)490- 2308 .www.rouse-sirine.com LTD. o I 25 50 100 150 FEET I GRAPHIC SCALE ACAO: 12200-8-2 ALLEY WEST PARKS REVISED,dwg - 35 - Item V-K. APPOINTMENTS ITEM # 54457 BY CONSENSUS, City Council RESCHEDULED: INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA PERSONNEL BOARD (Alternates) October 4, 2005 - 36- Item V-K.1. APPOINTMENTS ITEM # 54458 Upon NOMINATION by Council Lady McClanan, City Council APPOINTED: Michael Garriott Unexpired term thru 12/31/08 EASTERN VIRGINIA HEALTH SYSTEMS AGENCY Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf October 4, 2005 - 37- Item V-K.2. APPOINTMENTS ITEM # 54459 Upon NOMINATION by Councilman Villanueva, City Council APPOINTED: Edward Deguia Unexpired term thru 12/31/08 HEALTH SERVICES ADVISORY BOARD Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf October 4, 2005 - 38- Item V-K.3. APPOINTMENTS ITEM # 54460 Upon NOMINATION by Council Lady McClanan, City Council APPOINTED: Edward DeLong 2 Year term 11/01/2005-10/31/2007 REAPPOINTED: Glenda H. Knowles Stephen S. Mansfield 2 Year term 11/01/2005-10/31/2007 HISTORICAL REVIEW BOARD Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf October 4, 2005 - 39- Item V-K.4. APPOINTMENTS ITEM # 54461 Upon NOMINATION by Councilman Reeve, City Council REAPPOINTED: Nicholas F. Anoia Charles S. Kiley Paula W. Knight 3 Year Term 9/01/05 - 8/31/08 PARKS AND RECREATION COMMISSION Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A, Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf October 4, 2005 - 40- Item V-K.5. APPOINTMENTS ITEM # 54462 Upon NOMINATION by Council Lady Wilson, City Council APPOINTED: Michela Pearl Junior Ocean Lakes High School 2 Year term 9/01/05 - 6/30/08 PUBLIC LIBRARY BOARD Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf October 4, 2005 - 41 - Item V-K.6. APPOINTMENTS ITEM # 54463 Upon NOMINATION by Councilman Dyer, City Council REAPPOINTED: Lyndon S. Remias 3 Year term 9/01/05 - 6/30/08 REVIEW AND ALLOCATION COMMITTEE Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf October 4, 2005 - 42- Item V-K.7. APPOINTMENTS ITEM # 54464 Upon NOMINATION by Councilman Reeve, City Council APPOINTED: BRAC TASK FORCE ADVISORY TO CITY COUNCIL Philip Shucet Chair Nicholas Anoia Ronald Banzi Michael Barrett Timothy Barrow Edward Bourdon Ray Breeden Dan Brockwell David G. Browning Stephen Davis Helen Dragas Joe Ferrara Carol Holt Todd Holt Brian Kirwin Robert Meeker Bernardino A. Napoleon R. J. Nutter Samuel Reid Janice Roller Steve Sandler Rob Whitacre Thomas Wilson Ted Yoder Voting: 9-1 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: Mayor Meyera E. Oberndorf October 4, 2005 - 43- Item V-No ADJOURNMENT ITEM # 54465 Vice Mayor Jones DECLARED the City Council Meeting ADJOURNED at 6:26 P.M. /J rJ)1/" J/ ~ ~~-----~-------------- Beverly 0. Hooks, CMC Chief Deputy City Clerk uth Hodges Smith, MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia After ADJOURNMENT, Public Comments relative Non Agenda Items were heard (6:53 PM) October 4, 2005 - 44- PUBLIC COMMENTS Non Agenda Items Herb Jones, 2313 Sandpiper Road, Phone: 721-1103, spoke relative "single family housing" in Sandbridge and displayed photographs. Mr, Jones distributed a photo board and advised these photographs do not reflect single family homes. This community is intended to be single family residential. Janice RoUer, 2444 Eastchester Drive, Phone: 486-2854, 30-year resident, spoke relative Eminent Domain and condemnation of homes in the APZ1 (encompassing 3,407 households) Donald Blancher, 2513 South Adventure Trail, Phone: 431-1058, encouraged City Council to speak to the public Rosalyn RoUe, 5233 Dundee Lane, Phone: 479-3803, resident of Brig ado on in Kempsville, requested Bus 60 be reinstated between Pembroke and Greenbriar. Public transportation for the handicapped is needed. (Council Members Maddox and Wood advised Mrs. RoUe a Public Hearing concerning this matter would be scheduled to gage the amount of interest in reinstating this transportation). Steve Cowan, 280 South Parliament Drive, Phone: 473-8610, member of the Towing Advisory Board, advised only one (1) meeting was held this year. He is concerned re erroneous reports and recommendations. October 4, 2005 J