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Home My WebLink AboutAPRIL 01, 2003 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AM YDR MEYERA E OBEJWD ORF At Large I S M4F R LOUIS R JONES Bay"e Damel 4 HAMY Z D=EL KempsvWe Disact "GAXETL EVE Czwervdk Dirt ! RERA S McCUMAN loose Hall District 3 R!CH.4RD A AmDDOx Beach i-twer JIM REEVE Princess Anne Distrier PETER W SCHAUD7 Al Lam RONA VILUNUEVA Al Large ROSEA ARY ALSO V At Large J4A,ffS L WOOD Lynnhown Diana 5 CITY C01JNCEL AGENDA JAMES K SPORE City Mumgu LESLIE L LELLEY Curr Aftornev RUTH H DOGES SNMI4.MM City Clerk E I CITY MANAGER'S BRIEFINGS A I April 2003 C177 HALL B LULDI VG 1 2401 COUP THO USE DRIVE ;7RGINL4 BEACH ;7RGNIA 234J6-80051 PHOS (757) 4274303 FAX (757) 426-5669 E MML Ctvcncl vbgov court - Conference Room - 2 30 Al i CONVENTION AND VISITOR DEVELOPMENT BUSIlVESS PLAN James B Ricketts, Director, Department of Convention and Visitor Development B LCOMNMRCIAL PARKING LOT IlvlPROVEMENTS Karen Lasley, Zoning Admuustratar II REVIEW OF AGENDA ITEMS I III CUUNCIL LIAISON REPORTS INFORMAL SESSION - Conference Room - 5 30 Phi CALL TO ORDER - Mayor Mey ra E Obemdorf ROIL CALL OF CITY CUNC C RECESS TO CLOSED SESSION CERTIFICATION OF CLOSED SESSION E CITY COUNCIL INFORMAL DISCUSSION VI FORMAL SESSION A CALL TO ORDER - Mayor M cera E Obmmdorf INVOCATION Jimmy Bennett, Pastor Avalon Church of Christ - Councd Chamber - 6 00 PI S C PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ELECTRONIC IIC ROLL CALL OF CrrY COUNCIL TES I INFORMAL AND FORMAL SESSIONS March 25, 2003 F AGENDA FOR FORMIAL SESSION G CONSENT AGENDA H PRESENTATION 1 RESOURCE MANAGEMENT PLAID FISCAL YEAR 2003-2044 City's Proposed Operating Budget - "Community for a Life Time" James K Spore, City Manager I PUBLIC HEARING 1 AGRICULTURAL RESERVE PROGRAM (ARP) -Stowe Road 3 GRIN AN CLS 1 Ordinance to AUTHORIZE the acquisition of Agricultural Reserve Preservation (ARP) easement and Issuance of contract obligations for 41 $1 acres at Stowe Road in behalf of Wilmer H Aygarn for $188,231 (Installment Agreement 2003-54) (DISTRICT 7 -PRINCESS ANNE) 2 Ordinance to AUTHORIZE the City Manager to enter into a contract for Fiscal Years 2043 and 2004 with Cherry, Bekaert &Holland LLP for an independent audit of the City of Virguva Beach and the Development Authority at a cast of $144,480, AUTHORIZE the City Manager to contract for one (1) year renewals as appropnahons are available, and, the increase for future years is not to exceed that of the Consumer Pace Index (CPI) K APPOINTMENTS PARKS AND RECREATION COAMSSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) L UNFIMS D BUSINESS M NEW USINESS N ADJOURNMENT 2003 Tune Resource Management Schedule April 1 6 00 pm Presentation to City Council of FY 2403-04 Proposed Resource Management Schedule Apnl 8 Econonuc Vitality and Caltural and Recreational Opo1 LLLLa1# es RMP Workshop Apt l 15 3 00 pm to 6 O pm Quality Education and Lifelong eaminINT Workshop Apnl 22 Quality Organization 111P Workshop Apnl 24 2 00 pm to 5 00 pm Safe Commumty I NO Workshop April 24 6 00 pm Public H arrng - Proposed FY20031-04 Resort Management Planning - Kellen High School - 6 00 P M pnJ 29 Quality Ay ical Environment May 1 2 oo to 5 00 pm Fanuly and Youth oppoxtmtles RW Workshop May 1 6 00 pm Public Heann -Proposed FY Resort Management Planner - City Council h.arnber 6 00 P May 6 Reconcihation Workshop May 13 6 00 pm City Council ADOPTION F 2003-04 Resort Management Plan City Council, in trying to be more responsive to the reds of citizens who attend the meetings, has adopted the ollo ing time limits for future Formal Sessions Applicant or Applicant's 10 Representative ]I mutes Attorney or Representature for 10 Opposition mutes Other Speakers - each Minutes Applicant s rebuttal imijoutes THESE TIMES WILL BE STRICTLY ADHERED T If you are physically dsabled or vvisually impatred and need assistance at this meeting please call the CITY CLERK S OFFICE at 4274303 Ekartag impatrK call TDD only 4274305 (TDD Telephonic Device for the Deaf) Agenda 1 1103/gw w%%r%v vbgov com I CITY MANAGER'S AGE 'S BRIEFINGS - Conference Zoom - 2 30 AM CONVENTION AND 'ISITOR DEVELOPMENT BUSINESS PLAN ,Tames B Facketts. Director, Department of Convention and Visitor Development COMMERCIAL PANG LOT IMPROVEMENTS Daren Lley, Zoning Admarustrator 11 REVIEW OF AGENDA ITEMS III COUNCIL LLAISON REPORT'S W CITY COUNCIL COMMENTS li V INFORMAL SESSION CALL TO ORDER - Mayor Meyera E Oberndorf ROLL CALL OF CITY COUNCIL C RECESS TO CLOSED SESSION CERTIFICATION CLOSED SESSION - Conference Room - 5 30 PVI U 4. �r Cts 0", oust 11roatuttatt CER'TIFICAT'ION of CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHERJEAS The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance vnth the provisions of The Virginia Freedom of Information Act, and, VIILR S Section 2 2-3712of the Code of Virgiwa requires a certification by the gove nun bodv that such Closed Session was conducted m eonfornut with Virginia Lave. NOW, THEREFORE, L IT RESOLVED That the Virginia Beach Cite Council hereby vF ee rti ie that, to the best of each meter' knowledge, only public business matters 111v exempted from p cn Meeting requirements by virgaua Law were discussed in Closed Session to which thus 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 virgirna Beach City Council CITY COUNCIL INFORM kL DISCUSSION VI FORMAL SESSION - Councd Chamber - 6 00 PM CALL TO ORDER - Mayor Meyera E Oberndorf INVOCATION Jimmy Bennett, Pastor Avalon Gini of Cst C PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D ELECTRONIC ROLL CALL OF CITY COUNCIL E MINUTES I INFORMAL AND FORMAL SESSIONS March 25, 2003 F AGENDA FOR P SESSION G CONSENT AGENDA H PRESENTATION 1 RESOURCE MANAGEMENT A EM., NT PLAN FISCAL YEAR 2003-2004 City's Proposed Operating Budget - "Co r i - auruty for a Life Tyne" James K Spore, City Manager I PUBLIC HEARING AGRICULTURAL RESERVE PROGRAM (ARP) -Stowe Road 2R 00 '00 C CD O" ,-4 cl O C +-- N 00 (O % C c?) 00 V) Com] [` e% n e% ., n Com] .. 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The Public HeWW9 whIc h rr2y be contimied or adau a �� On, Apel 1 vAll be t y the Ckthe 2nd rrd 2003 at 6 00 p m in the C'sty OUnCil r located on n Boor of the Cay Hall 8utld+r 201 o a r 8M be Beach ViVnia Any persons interested .n thus matter may P heard CITY OF VIRGINIA BEACH ViR INIA Putti No es Smith MMC CrtyClef* Beacon March 1,ra and March 23 2003 10205354 ORDINANCES Ordinance to AUTHORIZE the acquisition of Agricultural Reserve Preservation (ARP) easement and issuance of contract obligations for 4181 acres at Stowe Road in behalf of Wilmer H Aygarn for $18$,231 (Installment Agreement 2003-54) (DISTRICT 7 -PRINCESS ANNE) Ordinance to AUTHORIZE the Cit Manager to enter into a contract for Fiscal Years 2003 and 2004 with Cherry*, Bekaert & Holland LLP for ars independent audit of the Cite of Virginia Beach and the evelopmentuthonh, at cost o 144,480, AUTHORIZE the it F Manager to contract for one 1 year renewals as appropriations are available, and, the increase for future years is not to exceed that of the Consumer Pace Index (CPI) rt� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM An Ordinance Authorizing the Acquisition of an Agricultural Land Preservation Easement and the Issuance by the City of its Contract Obligations in the Maximum Amount of $188,231 (Property of Wilmer H Aygarn) MEETING DATE April 1, 2003 ■ Background fin May, 1995, the Agricultural Lands Preservation ordnance (the "Ordinance was adopted by the city Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern porton of the city Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance,, are allowed on the land The subject property has been appraised by an independent appraiser retained by the City The appraiser has determined the fair market value of the property, based upon eighteen (18) comparable sales From the fair market value, the value of the development rights has been determined by subtracting X900 per acre, which has previously been established as the farm value (i e , value of the land restricted to agricultural uses) for land throughout the southern rural area of the City The resulting amount is the value of the development rights of the property All offers by the City to purchase the development rights to property are expressly made contingent upon the absence of any tale defects or other conditions which,, in the opinion of the City Attorney, may adversely affect the city's interests, and other standard contingencies a considerations The subject property consists of one 1parcel of land having approximately 41 81 acres outside of marshland or swampland It is owned by Wilmer H Aygarn Under current development regulations, there is a total development potential six (6) single-family dwelling building sites, none of which would be reserved for future development Thus, the preservation easement acquired by the City would corer approximately 41 81 acres The site, which is shown on the attached Location Map, is located on Stone Road, in the District of Princess Anne The proposed purchase pace, as stated in the ordinance) is $188,231 This price is the equivalent of approximately $4,503 per acre of easement acquired The teras of the proposed acquisition are that the City could pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing The interest rate to be paid by the City will be the greater of 4 25% per annum or the per annum rate which is equal to the yield on U S Treasury STRIPS purchased by the city to fund its principal obligation under the Installment Purchase Agreement, not to exceed 6 25% without the further approval of the City Council The proposed terms and conditions of the purchase of the Development Rights Pursuant to the Install rnent Purchase Agree ment, incl uding the pu rchase price and manner of payment are fair and reasonable and in furtherance of the purposes of the Ordinance ■ Public lio Informaition The ordinance has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weels ■ Alternatives The City Council may decline to purchase the development rights to the property ■ Recommendations Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met ■ Attachments Summaryof Material Terms of Installment Purchase Agreement (full Agreement is on file in the City Attorneys Office) Recommended Action Adoption Submifting Department/Agency City ManagerQlry�j Department of Agriculture •{�{~ max. ti �i�.�'Y`#t�}-''Yi +x rx''i .' ' -• }•r9 - ,icy -s. w- '�?4 tic �. .do-. YFv }� ��r LLL. M1�.4 �: �' i � TT{: � fy�s'M1 Y j •�} }, � s�� AyINF ✓' r [ } � 'i` (i t � � t Y xt'�+•�i y, l .-h'- .art .. ry. 4 i • kit ; ` •: 2 3 9 5 6 7 10 11 12 1 14 1 I 17 1 19 2 21 22 3 24 AN ORDINANCE AUTHORIZING THE ACQUISITION of AN AGRICULTURAL LAID PRESERVATION EASEMENT AND THE ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT of $188r231 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been presented to the City Council a request for approval of an Installment Purchase Agreement (the form and standard provisions of which have been previously approved by the City Counc-il, a summary of the material teras of which is hereto attached, and a true copy of which is on file in the City Attorney's Office) for the acqu.isition of the Devel.oloment Rights (as defined in the Installment purchase Agreement) on certain property located in the City and more fully described in Exhibit B of the Installment Purchase Agreement for a purchase price of $188,231, and WHEREAS, the aforesaid Development Fights shall be acquired through the acquisition of a perpetual agricultural land preservation easement, as defined in, and In compliance with, the .-requirements of the Ordinance, and WHEREAS, the C-ity Council has reviewed the proposed terms and conditions of the purchase as evidenced by the Installment Purchase kgreement, 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 6 CITY of VIRGINIA BEACH, VIRGINIA 27 1 The City Council hereby determines and finds that 8 the proposed terms and conda-tions of the purchase of the 29 Development Rights pursuant to the Installment Purchase 30 Agreement, including the purchase price and manner of payment, 1 are fair and reasonable and in furtherance of the purposes of 32 the ordinance, and the City Manager or his designee is hereby 33 authorized to approve, upon or before the executi-on and 4 delivery of the Installment Purchase Agreement, the rate o 5 interest to accrue on the unpaid principal balance of the 6 purchase price set forth hereinabove as the greeter of 4 2 7 per annum or the per annum rate which is equal to the yield on 38 United States Treasury STRIPS purchased by the City to fund 39 such unpaid principal balance, provided, however, that such 40 rate of interest shall not exceed 6 2 unless the approval of 41 the-ity Council by resolution duly adopted is first obtained 42 2 The City Council hereby further determa nes that 43 funding is available le for tie acquisition of the Development 44 Rights pursuant to the Installmenz Purchase Agreement on the 45 terms and conditions set f rE h therein 46 3 The City Counc 1 l hereby expressly approves the 47 Installment Purchase Agreement and, sub]ect to the 48 eteit�r of the City Attorney that there are no defects K 9 in title to the property or other restrictions or encumbrances 0 thereon wh3-ch may, in the op1I11on of the City Attorney 1 adversely affect theCity's iriterests, authorizes the City 2 Manager or his designee to execute and deliver the Installment 53 Purchase Agreement in substantially the same form and 54 substance as approved hereby with such minor modifications, 55 insertions, completions or omissions which do not materially 56 alter the purchase price or manner of payment, as the City f Manager or his designee shall approve The City Council 58 further directs the City Clerk to affix the seal of the City 9 to, and attest same on, the Ins �.allment Purchase Agreement o The City council expressly authorizes the incurrence of the 1 indebtedness represented by the issuance and delivery of the 2 Installment Purchase Agreement 63 d The City Council hereby elects to issue the 4 indebtedness under the Charter of the City rather than 65 pursuant to the Public Finance Act of 1931 and hereby 66 constitutes the indebtedness a contractual obligation bearing 67 the full faith and credit of the City 68 Adopted by the Courcil of the City of Virginia Beach, 9 Virginia, on this day of , 2003 3 70 Adoption requires an affirmcall.---ive Grote of a ma3ority of 71 all members ber the City Council CA8772 r urch e aygarnc arnor pd -1 March 3, 2003 APPROVED AS To CONTENT A APPROVED AS TO LEGAL SUFFICIENCY Law Department APPROVED AS TO AVAILABILITY Off' FUNDS r ri ti 1. Fln n e De[ artm 4 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT No 2003-54 SUMMARY of MATERIAL TERMS SELLER Wilmer H Ay am PROPER'L'Y LOCATION 2264 Stowe Road PURCHASE PRICE $189,231 LASENI NT ARTA 41 91 acres more or less DEVELOPMENT POTENTIAL 5single-family dwelling sites (6 acc}wred) DURATION Perpetual INTERESTRATE Equal to yield on S Treasury STRIPS acquired by City to farad purchase pace, but not less than 4 25% (actual rate to be determined when STRIPS are purchased prior to execution of ]PA) Rate may not exceed 6 25% Without approval of City Council TERMS Interest only twice per year for 25 years, with payment of prr cip l due 25 years from IPA date RESTRICTIONS ON TRANSFER IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of IPA .16, CITY OVIRGINIA BEACH! AGENDA ITEM ITEM Ordinance Authorizing the City Manager to Enter into a Contract for Audit Services MEETING DATE April 1, 2003 ■ Background A financial audit selection committee, comprised of City, School Board and Development Authority representatives, was appointed by the City Manager The purpose of the committee was to recommend to City Council an accounting firm to conduct an independent audit of the City's financial statements for fiscal years ending 2003 and 2004 Section S Ofi of the City Charter requires an annual independent audit with the firm selected by City Council Considerations The financial audit selection committee prepared and distributed a Request for Proposal "RFP" to each of the four international accounting firms and other national and large regional firms Notification of this FFP was also placed in the newspaper, posted on Finan a Pur hasin 's Internet Demand Star Service, and a pre -proposal conference was conducted As a result of this Process, proposals were received from KPMG LLP, Cherry, Bekaert & Holland LLP, and, Deloitte Touche LLP who w ith withdrew during the process for independence reasons Interviews and negotiations were conducted and the committee rated Cherry, ekaert & Holland LLP the highest in qualifications The FFP allows for the City and School Division to contract individually with the selected flan The selection committee conducted negotiations with Cherry, Bekaert Holland LLP which resulted in the following audit costs For the contract terra ending June 3, 2003 TOTAL CITY � SCHOOLS' I DEYELOPMEM 1 aUTHORM 1 I TOTAL FEE 1 _ $190,480 _ 1 $134,000 1 $46,000 1 $109480 i For the contract term ending Mune 30, 2004, the total fee will be adjusted by the Consumer Price Index *The School Division will enter into a separate contract 0 Public Information This item will be published as part of the City Council's agenda ■ Alternatives None An annual audit is required by Section 8 Qfi of the City Charter ■ Recommendation Adoption of the ordinance Recommended Action Submitting Departmen#/Agency City Manager Q r )LO Adoption Department of Audit Services 1 AN ORD I IANC E AUTHORIZING THE CITY SAGER 1 ENTER INTO A CONTRACT FOR AN INDEPENDENT AUDIT OF THE CITY OF VIRGINIA BEACH'S FINANCES 4 WHEREAS, an independent audit of the City's finances at the end of each fiscal year is required by the City Charter, 13 WHEREAS, pursuant to the RFP, the School Division intends 14 to eater into a separate contract for this audit, and 15 WHERE, sufficient appropriL a t jL ons have been provided for 16 the City's audit in the fiscal year 2003 Operating Budget 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 18 OF VIRGINIA BE CH, VIRGINIA 19 WHEREAS, a financial audit selection committee has enter into prepared and distributed aRequest for Proposal ("RFP") for an & Holland LLP, in a form independent audit of the City' s financial statements, including the School Division, for the 2003 and 2004 fiscal years, respectively, 10 WHEREAS, after evaluating the proposals, the selection 11 committee has recommended Cherry, Be cert & Holland LLP to perform 12 the independent audit, 13 WHEREAS, pursuant to the RFP, the School Division intends 14 to eater into a separate contract for this audit, and 15 WHERE, sufficient appropriL a t jL ons have been provided for 16 the City's audit in the fiscal year 2003 Operating Budget 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 18 OF VIRGINIA BE CH, VIRGINIA 19 I The City Tanager is hereby authorized to enter into 20 a contract with Cherry, Be cert & Holland LLP, in a form acceptable 21 to the City Attorney, for the performance of an independent annual 22 audit of the financial statements of the City of Virginia Beach and 23 the City of Virginia Beach Development Authors t for FY 2003 and 24 2004, at a cost of One Hundred Forty -Four Thousand, Four Hundred 25 Eighty and 00 /100 Dollars ($144,480 0 ) for FY 2003 6 27 2 For FY 2004 and subsequent gears, the annual cost of 28 these audit services raay be increased at an amount not to exceed 29 the increase in the Consumer Price Index "CPI") 30 3 The City Manager is hereby authorized to renew the 31 contract, sub3 ct to the availability of appropriations, for 32 additional years thereafter, not to exceed two one-year periods 33 Adopted by the Council of the City of Virginia Beach on 34 the 15t day of April, 2003 A-8810 CRDIN\NONCCDF independauditord wpd March 21, 2003 Approved as to Content jr. 'd 111111111111 P d:Lt Services Approved as to Legal sufficiency f e0e vof�l Law Departme" K APPOINTMENTS PARKS AND RECREATIOl` COMMISSION VIRGINIA BEACH COMML]NITY DEVELOPMENT CORPORATION (VBCDC)