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Home My WebLink AboutDECEMBER 12, 2006 MINUTES CITY OF VIRGINIA BEACH A COMMUNITY FOR A LIFETIME CITY COUNCIL MAYOR MHYERA E. OBHRNDORI'~ At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 WILLIAM R. "Bill" DESTEPH, At-Large HARRY E. DIEZEL Kempsville - District 2 ROBERT M. "Bob" DYER, Centerville - District I BARBARA M. HENLEY, Princess Anne - District 7 REBA S. McCLANAN, Rose Hall- District 3 JOHN E. UHRIN, Beach - District 6 RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-I,arge JAMES L WOOD, I,ynnhaven -District 5 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com CITY COUNCIL AGENDA CITY MANAGER - JAMES K SPORE CITY A 77'ORNEY - LESLIE L LILLEY CITY CUiRK - RUTH HODGES SMITH, MMC 12 DECEMBER 2006 I. CITY COUNCIL BRIEFING - Conference Room - 1:00 P A. MINORITY BUSINESS COUNCIL Prescott Sherrod, Chairman II. CITY MANAGER'S BRIEFING A. NEWSRACK ORDINANCE Mike Eason, Resort Programs Administrator - Convention and Visitors Bureau III. CITY COUNCIL DISCUSSION A. CITY'S FUND BALANCE IV. CITY COUNCIL COMMENTS V. REVIEW OF AGENDA VI. INFORMAL SESSION - Conference Room - 4:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Dr. J. Scottie Griffin Lynnhaven Presbyterian 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 December 5,2006 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARING 1. PRINCESS ANNE ROAD PHASE VII AT ELSON GREEN AVENUE INTERSECTION Proposed Condemnation 1. CONSENT AGENDA J. RESOLUTIONSIORDINANCES 1. Resolution re issuance by the Virginia Beach Development Authority (VBDA) of Industrial Revenue Bonds in the amount of $3,000,000 for Acoustical Sheetmetal, Inc. for a manufacturing plant at the intersection of Production Road and Central Drive. (DISTRICT 6 - BEACH) 2. Resolution to SUPPLEMENT the 2007 Community Legislative Package re adding proposed ABC establishments that pose a threat to public safety. 3. Resolution to AUTHORIZE the City's application for allocation of $ I-Million through the Virginia Department of Transportation (VDOT) 2006-07 Revenue Sharing Program; and, AUTHORIZE the City Manager to execute all necessary agreements for the Lynnhaven Parkway Phase IX project's development and construction. 4. Resolution to AUTHORIZE the City Manager to execute a Memorandum of Agreement (MOA) with Hampton Roads Planning District Commission (HRPDC) re the Hampton Roads Regional Water Supply Planning Process. 5. Resolution to AUTHORIZE the Department of Emergency Medical Services (EMS) to apply for an upgrade to its agency license from an Emergency Ground Transport Agency to an Emergency Ground Transport and Air Ambulance Agency. 6. Commonwealth of Virginia Vegetation Control Permit Program: a. Resolution to AUTHORIZE an Agreement for the delegation of administration to the City of Virginia Beach. b. Ordinance re the application of ADAMS OUTDOOR ADVERTISING to allow the removal and replacement, with conditions, of certain vegetation on Virginia Beach Boulevard 7. Ordinance to AUTHORIZE the City Manager to execute a Deed of Release and Exchange re an Agricultural Lands Preservation Easement (ARP) re a land exchange of equal area on property owned by Edward L Vaughan and previously approved by City Council. 8. Ordinance to AUTHORIZE the acquisition of property in fee simple, including temporary and permanent easements, at General Booth Boulevard, Elson Green Avenue and Upton Drive/Sandbridge Road for the right-of-way for Princess Anne Road, Phase VII, either by agreement or condemnation. 9. Ordinances to AUTHORIZE the City Manager to issue Franchise Agreements to Old Virginia Carriage Co., LLC, from November 15,2006 to April15, 2007, re: a. Guided horse tours on the sand beach between Rudee Inlet and 42nd Street b. Horse-drawn carriage rides on the Boardwalk 10. Ordinances to TRANSFER: a. $421,810 from the Lynnhaven XI project to the Buckner Boulevard Extended project and AUTHORIZE the City Manager to execute a Cost Participation Agreement with Baymark Construction Corporation, Colonial Self Storage and Public Storage re the extension of Buckner Boulevard. b. $350,000 from Reserve for Contingencies to the Department of Economic Development's FY 2006-07 operating budget re continued operating costs for the Tournament Players Club (TPC) golf course through March 31, 2007. K. PLANNING 1. Application of EDWARD A., JR. and KATHLEEN T. KURPIEL for a Variance to ~ 4.4(b) of the Subdivision Ordinance at 2184 Princess Anne Road re subdividing an existing lot into two lots. (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION DENIAL 2. Application of CINGULAR WIRELESS for a Conditional Use Permit re a communications tower at 5638 Baccalaureate Drive. (DISTRICT 2 - KEMPSVILLE) (Applicant requests Deferral to January 9, 2007) RECOMMENDATION DEFER TO JANUARY 9, 2007 3. Application of DISCIPLESHIP TABERNACLE for a Conditional Use Permit re a church at 3540 Holland Road. (DISTRICT 3 - ROSE HALL) RECOMMENDA TION APPRO V AL 4. Applications of BE CO DEVELOPMENT, L.L.C. at 6226 Providence Road: (DISTRICT 1 - CENTERVILLE) a Chanf!e of Zoninf! District Classification from B-2 Community Business District to Conditional A-36 Apartment District b. Conditional Use Permit re a senior housing project STAFF RECOMMENDATION PLANNING COMMISSION RECOMMENDATION DEFERRAL APPROVAL 5. Application of OCEAN PROPERTIES, L.L.C. for a Chanf!e of Zoning District Classification from B-2 Community Business District to Conditional B-4 Mixed Use District at Centerville Turnpike and Lynnhaven Parkway to develop the site with retail, restaurants, offices and multi-family condos. (DISTRICT 1 - CENTERVILLE) RECOMMENDA TION APPROVAL 6. Application of DEEP BLUE MARINE, L.L.c. for a Modification of Conditions at 3716 Shore Drive (approved by City Council on October 25, 2005) re landscape plantings and site improvements. (DISTRICT 4 - BA YSIDE) RECOMMENDATION APPROV AL L. APPOINTMENTS ARTS AND HUMANITIES COMMISSION EMPLOYEE BENEFITS TASK FORCE HAMPTON ROADS ECONOMIC DEVELOPMENT AUTHORITY (HREDA) HUMAN RIGHTS COMMISSION INVESTMENT PAR TNERSHIP ADVISORY COMMITTEE-PPEA OPEN SP ACE ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE PLANNING COMMISSION SOCIAL SERVICES BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT CITY COUNCIL SESSIONS SCHEDULE JANUARY 2007 COMBINE THE FIRST AND SECOND REGULAR TUESDAYS - JANUARY 9, 2007 REGULAR THIRD TUESDAY WORKSHOP - JANUARY 16,2007 THE REGULAR FOURTH TUESDAY AGENDA - JANUARY 23, 2007 ************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 * * * * * * * * * * * Agenda 12/12/2006 gw www.vbgov.com - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 12 December 2006 Mayor Meyera E Oberndorf called to order the City Council Briefing re MINORITY BUSINESS COUNCIL in the City Council Conference Room, City Hall, on Tuesday, December 12, 2006, at 1 :00 P.M Council Members Present: Harry E. Diezel, William R. "Bill" DeSteph, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McC/anan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None December 12, 2006 - 2 - CITY COUNCIL BRIEFING MINORITY BUSINESS COUNCIL 1 :00 P.M. ITEM # 55889 Prescott Sherrod, Chair - Minority Business Council (MBC), advised the Minority Business Council Annual Report, will be presented in three (3) parts. Mr. Sherrod will cite the major accomplishments, with Michael Chinn denoting the demographics and contract/procurement data. Wanda J Cooper, will outline the Next Steps. Mr. Sherrod referenced the Liaisons and Members of the Minority Business Council. Liaisons and Members Minority Business Council ~ Councilman Bob Dyer, City Council Liaison ~ Ms. Louisa Strayhorn, Governor's Liaison ~ Councilman Ron Villanueva, City Council Liaison ~ Mr. Michael Stewart, School Board Liaison ~ Mr. Prescott Sherrod, Chairperson ~ Mr. Dan Pearsall, Vice-Chair ~ Mr. William R. Brown, Financial Counselor ~ Ms. Wanda J. Cooper, Secretarial Officer ~ Ms. Linda Bright ~ Ms. Angelica Ceron ~ Mr. Michael Chinn ~ Mr. James K. Hill ~ Mr. Luis Rivera ~ Mr. Edwin Tirona ~ Mr. John M. Williams Minority Business Council Vision: To be the leading influence in contractor resources with city opportunities. Mission Statement Advance and facilitate an environment of business opportunities, focusing on increasing expenditures to minority and women-owned businesses by the City of Virginia Beach as a means to further the City's economic development and vitality. Goals IdentifY and encourage city agencies and firms projecting the city's image to fairly reflect Virginia Beach as a City of ethnic and racial diversity when carryingforward the city's business. Help achieve and maintain the opportunity for improved minority business participation levels in the procurement process for goods and services and construction and housing. December 12, 2006 - 3 - CITY COUNCIL BRIEFING MINORITY BUSINESS COUNCIL ITEM # 55889 (Continued) The Minority Business Council was organized into four (4) subcommittees: Minority Awareness, Outreach Programs, Policy Development and Data Collection & Analysis On April 4, 2006, City Council ADOPTED, an Ordinance to AMEND Section 2-224.1 through 2-224.8 of the City Code re Minority participation in City contracting. This amendment strengthened contracting with minority subcontractors, by requiring a Woman and Minority Participation Plan on construction contracts and Request for Proposals (RFPs). In addition, the Woman and Minority Participation Plan form has recently undergone its second revision, reducing the number of pages from nine (9) to three (3) and simplifying the form. Major Accomplishments ~ Ordinance Change Strengthened requirements for construction Bids and RFP's Women and Minority Participation Plans ~ Networking events With Governor Kaine's staff-April 7, 2006 Virginia Department of Transportation and Small Business Administration - August 4, 2006 ~ Liaisons VBDA School Board Governor's Office Additional City Council Liaison ~ Increased number of on-going Contractor Counselings ~ Improved MBC Website - www.vbf!ov.com/finance/mbc ~ Most successful Minority Business Council EXPO ~ By Laws and Vision ~ Newly created Relationships US Internal Revenue Service Empowerment 2010 US Small Business Administration Virginia Department of Minority Business Enterprise Virginia Department of Business Assistance Hampton Roads Hispanic Chamber of Commerce ~ Partnered with: Economic Development Business Appreciation Golf and Networking Event; Various City departments to participate in the USA Black Pages Directory ~ Database: Obtained approval from DMBE to access their SWAM database (realtime model) The Minority Business Council held the Eighth Annual Minority Business Expo with a record number of attendees of three hundred sixty-two (362) participants and sixty-eight (68) booths. December 12, 2006 - 4 - CITY COUNCIL BRIEFING MINORITY BUSINESS COUNCIL ITEM # 55889 (Continued) ~ Participated in: Matchmaking Session for the National Association of Women Business Owners VMSDC Business Opportunity Fair Empowerment 2010 Small BusinessIVeterans Owned Businesses Conference Black EXPO Steering Committee ~ Benchmarked with: City of Jacksonville City of Charlotte ~ Increased Minority Expenditures and Awards The Commonwealth of Virginia Department of Minority Business Enterprise has agreed to allow access to their Small, Women and Minority-Owned (SWAM) business database. Communications and Information Technology is currently developing a "front end" to this database which will ease use for not only delegated procurement users, but also for prime contractors. This will improve the probability of contract awards to SWAM businesses. Mr. Sherrod is now a member of the Virginia Beach Development Authority. Michael Chin referenced the Population Diversity chart and the percentage of Minority, since 1980, has more than doubled. POPULATION DIVERSITY December 12, 2006 - 5 - CITY COUNCIL BRIEFING MINORITY BUSINESS COUNCIL ITEM # 55889 (Continued) Mr. Chinn referenced charts entitled: Award Data: Goods and Services Contracts over $50,000 - 8.58% to Minorities - 2006 =$6.1-MILLION and Construction Contracts Awarded - Contracts over $50,000 Total for 2006: $814,700 $10 $9 $8 $7 g $6 ~ $5 $4 $3 $2.26 $2 $1 $0 FY99 $8.12 $ 9 $5.27 $ 9 $4.49 $4.31 $2.96 $8 $7 $6.62 $6.14 $6 $4.67 '" $5 . Expendillxes c $4 .2 $3 III # of Firms ~ $2 $1 $0 FY99 FYOO FYO I FY02 FY03 FY04 FY05 FY06 December 12, 2006 - 6 - CITY COUNCIL BRIEFING MINORITY BUSINESS COUNCIL ITEM # 55889 (Continued) Mr. Chinn advised the chart, entitled Percent of Total Payments Minorities and Women-Owned combines data from the aforementioned two (2) charts. In 2006 the percentage of Minority Vendors (3.4%) and Women-Owned Vendors (2.6%) was above average. Wanda J. Cooper, outlined the Next Steps: ~ Improve access to and disseminate annual forecasts of contract opportunities ~ Continue to form new partnerships ~ Continue to monitor progress ~ Active participation in establishment of local Chapter of the National Association of Minority Contractors ~ Build stronger relationships with City departments ~ Administrative Directive ~ Recognition and A wards ~ Continue to build database and website ~ Evaluate contractor performance ~ Contractor assistance program Access to Capital! Scholarships Private Sector Support and Mentoring MOU with the Department of Business Assistance ~ Hire Minority Business Specialist Representative (Vice Chair Dan Pearsall appointed re assisting with this process of determining representative ~ Strengthen partnership with Small Business Administration ~ Continue to look for opportunities to debundle requirements (where feasible) December 12, 2006 - 7 - CITY COUNCIL BRIEFING MINORITY BUSINESS COUNCIL ITEM # 55889 (Continued) Mr. Sherrod acknowledged with appreciation the support throughout the process" including the City Council, Patricia Phillips, Director - Finance, William R. Brown - Financial Counselor, Barbara Booker-Williams, Minority Business Coordinator and the Management Leadership Team (MLT). The MLT presented briefings which provided an increased understanding of the organization and operation of the City of Virginia Beach. Councilman Wood referenced the requirement of General Contractors to have a Minority Participation in place. William Brown advised the Plan was just implemented in June. As of this date, a project has not closed out for a final reporting. However, the Minority Participation Plans are being completed and the Minority Business Council has worked with a number of the general contractors in the community to refine this document, making it more user friendly. Councilman Villanueva advised the Ambassador of the Philippines and representatives will be here in January to review the partnership. The Minority Business Council is a diverse organization and will take a proactive approach to be included in the Filipino Pages. Mayor Oberndorf referenced a meeting; she and Councilman Villanueva attended re increasing availability of funds for Minorities to establish their businesses. Both Governor Warner and Governor Kaine have been very proactive and assured their Liaisons of these areas were accomplished Minority Business representatives (Louisa Strayhorn and Ed Hale). December 12, 2006 - 8 - C IT Y MANA G E R 'S B R IE FIN G NEWSRACK ORDINANCE 1:30 P.M. ITEM # 55890 Mike Eason, Resort Programs Administrator - Convention and Visitors Bureau, expressed appreciation to Associate City Attorney Rod Ingram and Assistant City Attorney Amy Sullivan who have been instrumental in the composition of this proposed Newsrack ordinance. Mr. Eason displayed photographs of the free and paid publication newsracks on Atlantic Avenue. A photograph of a module in Tampa, Florida, depicting free and paid publications was also displayed. This module type which would consolidate publications was encompassed within the draft ordinance. The Resort area is a highly desirable area to distribute literature. Mr. Eason referenced background material re the Newsrack Ordinance: Initial efforts to control publication boxes began in the mid 1990 's Increased visitation to the Resort Area has made it a highly desirable area to distribute literature The number of publications targeting tourist has grown tremendously Proliferation of boxes have raised public safety and aesthetic concerns Resort Survev * 2002 2005 2006 No. Publications 32 30 34 Boxes: Newspapers 115 95 81 Free Publications 308 501 595 Total Boxes 423 596 676 (*The area surveyed encompassed Atlantic Avenue, Pacific Avenue (from Rudee Inlet to 40'h Street and to the western edge of Pacific Avenue) June 2004- members of the RAC, Virginian Pilot, owners of Sunny Day and Visitor Guide and City staff began discussing options to consolidate distribution boxes February 2005- Voluntary program implemented to place all publications into modules Virginian Pilot would install and maintain the modules - City would collect funds to facilitate the program - Essential all publications would need to participate - May 2005- fees collected from all publications except one major newspaper Virginian Pilot withdraws support due to lack of 100% participation September 2005- Staff began drafting ordinance and implementation plan to consolidate publication into modules - Draft ordinance was reviewed and endorsed by the Resort Advisory Commission (RAC). March 2006- City staff scheduled meeting with all publication representatives to review draft ordinance - Publications raised objections to draft ordinance - Requested until July 15th to develop a voluntary program as an alternative to staff prepared ordinance - Publications unable to develop program August 2006- City Staff began refining draft ordinance Councilman DeSteph requested statistics relative revenue generated by the advertising of these publications. December 12, 2006 - 9 - CITY MANA GER 'S BRIEFING NEWSRACK ORDINANCE ITEM # 55890 {Continued} Mr. Eason summarized the proposed Newsrack Ordinance. Applicability - Public rights-ol-way in Resort Area areas of concentration (eight (8) or more in ten-foot (10') radius) Permit Process - Permit required to use City-owned boxes - Publishers apply for permit with Resort Management Office ("RMO '') - Annual permit fee required (composed of City's cost for maintenance, installation, administrative costs) - Permit valid for 1 year, up to 4 renewals - No permit issued in violation of City's obscenity laws Location of Racks - Resort Management Office (RMO) has surveyed and determined locations - Resort Management Office (RMO) usedfourteen (14) criteria to determine locations - Twenty-seven (27) locations identified in Resort Area and three (3) locations identified in areas of concentration for Phases I and II Allocation - Boxes installed in two (2) phases and thereafter as needed - Lottery at commencement of each phase - Equal opportunity given to each applicant to receive desired location - After lotteries for Phase I and IL spaces allocated on first come, first served basis, within ten (10) days of receipt of application, if space available Installation - City installs boxes - Proprietary newsracks removed after City installs boxes - Owners of proprietary racks given 14 calendar days to remove Standards - No more than two (2) boxes with eight (8) compartments at anyone location - if demand exceeds availability, Resort Management Office (RMO) can consider additional boxes at existing locations or new locations - No advertisements or logos - City to maintain boxes, not coin collection mechanisms - Publications can install and maintain coin collection mechanisms No unused spaces in box - Permit can be revoked ifbox remains empty for thirty (30) days or more Transfers and Leases - Prohibited; permit can be revoked upon notice Mr. Eason advised a Policy Report will be forwarded to City Council (after final review by City staff). Another meeting with the affected publications concerning subtle changes to the Ordinance will be conducted. Mr. Eason referenced the December 8, 2006, memorandum from City Attorney Leslie L. Lilley, suggesting a Public Hearing of the Newsrack Ordinance be scheduled for January 9, 2007, with scheduling of the Ordinance for the City Council Session of January 23, 2007. In order to maintain an attractive appearance, Mr. Eason advised maintenance costs were factored into the cost of permitting these newsracks. December 12, 2006 - 10- CITY MANA GER 'S BRIEFING NEWSRACK ORDINANCE ITEM # 55890 (Continued) Councilman DeSteph referenced the e-mail from Terri Liskey - Virginia Beach Guide Publications and he requested prior to January 9, 2007, a meeting be conducted with Guy and Terri Liskey as well as the other publishers comprising the Task Force, the City Attorney, the City Manager, the Resort Management Office and a representative of Finance to discuss this proposal further. The City Attorney advised contacting Terri Liskey and being unable to arrange a meeting prior to this briefing. The City Attorney referenced their willingness to work with the Task Force and similar groups. Some of the publications do not believe a program of this nature should be instituted and the City will be unable to resolve those differences. The City Attorney advised this ordinance does apply to the entire city as noted "for Resort Area and areas of concentration" defined as public rights-of-way with eight (8) or more proprietary newsracks within a ten-foot (10') radius. Councilman Uhrin urged City Council action to eliminate this clutter problem prior to the Tourist Season. Council Lady Henley believes this is the same principal utilized with the Agricultural signs in Pungo. The key was all participated and the system is a success. This concept has the same degree of fairness. Council Lady McClanan advised two (2) years ago, she called this proposed ordinance "the litter box" ordinance. The City staff is to be commended. Freedom of the press does not mean "freedom to litter ". Mayor Oberndorf advised she, the City Manager and the City Attorney have met with some of the local publicists who clarified their concerns. Mayor Oberndorf expressed appreciation to the City Manager and City Attorney. December 12, 2006 - 11 - CITY COUNCIL DISCUSSION CITY'S FUND BALANCE 2:00 P.M. ITEM # 55891 The City Manager referenced the options concerning the City's Fund Balance ranging from City Council's concurrence with priorities re one time expenditures to deferring the decision to May 2007, as a part of the Capital Improvement Program, individual appropriations on a project-by-project basis, and appropriating a portion now, awaiting unanticipated projects (an example would be on Friday afternoon, December 15, 2006, bids will be opened on one-half of the Virginia Aquarium project, and whether or not these bids are over the estimates). The City Manager advised City Staff is seeking City Council's guidance re the City's fund balance. Vice Mayor Jones prepared a listing of the allocation of FY 2006 Year End Fund Balance, incorporating the thoughts provided by City Council re uses of the fund balance. Vice Mayor Jones distributed his priorities re Use of Fund Balance which is hereby made a part of the record. The fund balance reserve will equal 1 0% with the expenditure of $2 7.1-MILLION PROJECTS Estimated Cost Shore Drive Corridor Improvements - Phases IL III and IV design, land $ 2.5-MILLION acquisition and private utility relocation. This does not include construction Shore Drive Interim Safety Improvements - Design and build sidewalks from $ I-MILLION Independence Boulevard to Straiford Drive on the south side of Shore Drive and from Straiford Drive to Great Neck Road on the north side of Shore Drive, and to make pedestrian safety improvements at the intersections of Shore Drive Road and Great Neck Road, Straiford Drive, Vista Circle and Starfish Lane (Pedestrian countdown heads, handicapped ramps and crosswalks). Neither of these projects would have to be removed with a larger demonstration project Bayside Community Center - design only $ 800,000 Constitution Drive Extended - 35% design, the cost to be split 50/50 with the $ 320,000 developer (only city portion reflected) Fire and Rescue Station Chesapeake Beach - site acquisition and design only $ 2.3-MILLION Town Center Pedestrian Bridge - design only, this funding is in addition to the $ 200,000 $200,000 already provided Norfolk and Southern right-of-way acquisition - Reallocate $IO-MILLION in BRT State BRT(Bus Rapid Transit) funding from the State Funds Congestion Relief/Safety Improvement Program - Public Works prioritized list of $ 2. I-MILLION road/intersection improvements: 1. $I.05-MILLIONfor left turn lanefrom southbound South Independence Boulevard onto eastbound Lynnhaven Parkway 2. $I.05-MILLIONfor right turn lanefrom eastbound Buckner Boulevard to southbound South Rosemont Road 3. $1. 95-MILLIONfor right turn lanefrom southbound Holland Road onto westbound Dam Neck Road 4. $I.95-MILLION for left turn lane from westbound Providence Road onto southbound Edwin Drive (Funding provided is for first two (2) projects on the list) Storm Water Maintenance Backlog - Public Works is reviewing the impact of $ 800,000 Ernesto on the storm water infrastructure; however, the following projects would provide initial funding: 1. $200,000 for Engineering/Drainage studies on Neighborhood Flooding 2. $600,000 to extend the length of the Stumpy Lake Ouifall in conjunction with Public Utilities projet to replace the ouifall. This will help with neighborhood drainage. 3. $2.0-MILLION as a set aside to address neighborhoodflooding based on the results of Public Works Ernesto review. (Funding provided isfor first two (2) projects on the list) Southeastern Parkway and Greenbelt - Continue current policy of acquiring Continue with site properties in the right-of-way that are threatened by development until state acquisition strategy funding and Environmental Impact Statement (EIS) issues are resolved December 12, 2006 - 12 - CITY COUNCIL DISCUSSION CITY'S FUND BALANCE ITEM # 55891 (Continued) PROJECTS Estimated Cost Pavement Maintenance Program - this would allow some improvement to $ 1.0-MILLION repaving efforts in light of rising prices City Bikeways and Trails Plan - Fund according to new recommendations from $ 500,000 the Bikeway and Trails Commission and direct staff to provide an annual appropriation in the CIP as pay-as-you-go funding allows. This was a high priority with citizens during budget hearings last Spring. (Costs is higher than original list due to a misunderstanding of the Commission's request) Parks and Playground Equipment - this will provide the second installment of $ 1.26-MILLION replacing the playground equipment removed due to federal regulations last year Replenishment of the Various Site Acquisition Project - provide additional $ 6. 55-MILLION funding for strategic land purchases authorized by City Council. Funding includes potential acquisitions recently discussed in Closed Session. Unfunded Retiree Health Care Liabilities - require Public Utilities and Storm $ 3. 26-MILLION Water Enterprise Funds to cover their proportionate share ($210,000 and $35,000 respectively). This is the first installment 31st Street Parking Garage Settlement - A settlement has been reached with Gold $ 108,000 Key PHR regarding construction of the parking garage. The agreed to amount is $108,205. This will avoid a much costlier litigation. Staff can provide a briefing if needed 31st Street Park Restrooms - Construct, in partnership with PHR, a new permanent $ 90,000 stage with sound wall and restroom facilities. PHR will provide $500,000 to the project with the City providing the remaining $90,000 61:''1 Street Pump Station - Additional funding is needed to construct the pump $ O.O-MILLION station. The pump station is needed to address heavy rains. (Construction fUnding is not needed immediately, the project is in the design phase, however, there is no funding identified in the six-year Capital Program for construction./ Avalon A venue - Additional funding to construct the 3,600 feet of roadway $ 1.5-MILLION Rural Roads - Allocate funds to address one of the proposed turn lanes on $ 300,000 Princess Anne Road Fire & Rescue Station Blackwater - Design only $ 600,000 Aquarium Pedestrian Bridge - Fully funds construction of the pedestrian bridge over General Booth Boulevard2 ReI!ional SRO HousinI! Proiect (VirI!inia Beach Shore/ $ 1.3-MILLION Kempsville Greens Golf Course Pond Stabilization - this would provide funding $ 500,000 for Ponds # 1 and # 11 (total of 11 ponds) Arts and Humanities Commission - this would provide one-time funding for a $ 100,000 third video wall art exhibit at the Convention Center TOTAL $ 27.1-MILLION Thefund balance reserve will equal 10% with the expenditure of$27.1-MILLION 1 Council Direction: consider $4.5-MILLION in construction costs for 61'1 Street Pump Station as part Of the FY 2007-08 Capital Improvement Program Budget 2. Estimated cost of $3-MILLION to be considered as part of the FY 2007-08 Capital Improvement Program Budget 3 City Council briefed in Closed Session on potential real estate acquisition. December 12, 2006 - 13 - CITY COUNCIL DISCUSSION CITY'S FUND BALANCE ITEM # 55891 (Continued) Council Lady Henley advised preparation of a similar list. The School Board has forwarded a proposal re allocation of their year-end fund. Council Lady Henley advised she would be grateful if these funds are available to divert into Capital Projects in a "pay-as-you-go" fashion. These projects are in the Capital Improvement Program document; however under the heading "Requested But Not Funded". The City Council has conducted a thorough discussion concerning these items. Councilman Uhrin concurred and advised the majority of the projects are concentrating on public safety improvements. Vice Mayor Jones advised the major change appears in the Replenishment of the Various Site Acquisition Projects (originally $10-MILLION now $6.55-MILLION) and the 6Ft Street Pump Station ($0.0- MILLION) as this project is in the design phase and there is no funding identified in the six-year capital program for construction. Councilman Wood is comfortable as long as this is addressed in the Capital Improvement Program with the next Operating Budget process. Councilman Dyer requested deferring the year-end fund balance decision until January. The constituents' are better served by taking into consideration the entire context of the Capital Improvement projects rather than the piecemeal approach utilized concerning the $27-MILLION Councilman Dyer recommended scheduling a mini-retreat in January dedicated to a comprehensive assessment of the Capital Project needs and funding. By deferring a decision on the fund balance and devoting more time to discussion and funding capital needs, Councilman Dyer believes better decisions will be made with significant impact. Councilman Dyer's e-mail request to City Council is hereby made a part of the record. Council Members Diezel, Dyer and Villanueva sponsored a Town Hall Meeting, Monday evening (December 11, 2006) attended by over three hundred (300) citizens. Councilman Diezel advised the Town Hall Meeting comments reflected public safety, drainage and traffic as the major themes. Councilman Diezel believes this list of Use of Fund Balance as a positive reinforcement into the neighborhoods addressing their issues as proposed by Vice Mayor Jones. The City Council might wish to review the Master Street and Highway Plan Councilman DeSteph referenced the Arts and Humanities Commission funding in the amount of $100,000. The correspondence had stated $10,000 was to be utilizedfor a video wall and $90,000 was to purchase a piece of art to be installed in the Sandler Center for the Performing Arts. Councilman DeSteph is concerned re the GASB 45 interpretations re Unfunded Retiree Health Care Liabilities. Councilman DeSteph wished the decision of the year-end fund balance deferred until January. Catheryn Whitesell, Director - Management Services, advised Arts and Humanities had forwarded a clarification letter and will provide same to Councilman DeSteph. Council Lady Wilson advised the $10,000 was for another film for the video wall (as there are only two (2) films at present) and the remainingfunds will be utilized for art acquisition for the Sandler Center for the Performing Arts. Councilman Villanueva referenced Interim Director Phillip Davenport, during the Town Hall Meeting, advised out of twelve (12) Virginia Department of Transportation (VDOT) projects; only four (4) are funded. The Capital Improvement projects need to be reviewed and determine which are of benefit to the community. December 12, 2006 - 14 - CITY COUNCIL DISCUSSION CITY'S FUND BALANCE ITEM # 55891 {Continued} Mayor Oberndorf advised she discussed with the City Attorney the ability of Northern Virginia to place a moratorium on growth versus traffic capacity and if that could be applicable in Virginia Beach. The General Assembly has two (2) sets of criteria, one for counties and one for cities. The City Attorney advised the General Assembly has enacted certain provisions in Northern Virginia that are not applicable in other localities. Generally the rule is the governing body must allow land to have a reasonable use. If land does not have a reasonable use, it must be rezoned to the reasonable use, whether or not adequate public facilities are available. However, if the land has a reasonable use, and the facilities are inadequate to accommodate a change, the governing body is not required to increase the density to the highest and best use. The Comprehensive Plan should also reflects support of this premise. If the land is already zoned for reasonable use, then the City Council must permit, by right, the land to develop; however City Council does not have to permit "upzoning". Council Lady McClanan referenced an article in The Washington Post re three (3) localities in Northern Virginia and Maryland placing a moratorium on development as their transportation capacity was not capable of handling. Council Lady Wilson was pleased the SRO Housing Project (funds to develop permanent rental housing for the homeless) was included within this allocation of FY 2006 Year End Fund Balance. Councilman Villanueva requested after the Capital Improvement Projects are voted upon by City Council, these projects be placed on the new more user friendly website: www.vbf!ov.com Councilman DeSteph requested a meeting with the City Attorney and Patricia Phillips to review the interpretation of GASB 45, as he is uncomfortable with the employee health care liability. Susan Walston, Chief of Staff, advised the meeting scheduled for Tuesday, December 19, 2006, at 10:00 A.M., included the City Attorney and representatives of Mercer, was relative the GASB liability. Mrs. Walston advised the information forwarded re rates was to clarify the first discussion concerning deferring the increases for 2007 City Retirees. The first estimate was "across the board" with the number of enrolled City Retirees and calculating the increase in Retiree only care. The new amount is closer to $217,000 (rolling back the increase for six (6) months which is based on Councilman Deizel's intent in a proposed Resolution (Resolution to suspend increases in health insurance premiums for Retirees until July 1, 2007. Health care premiums paid by City Retirees shall remain at the 2006 rates. BY CONSENSUS of the majority, a PUBLIC HEARING and vote by City Council re Amendment to the FY 2006-07 Capital Budget and allocation of FY 2006 Year End Fund Balance, shall be scheduled for the City Council Session of January 9, 2007. (Council Members DeSteph and Dyer wished to DEFER the Public Hearing and vote). December 12, 2006 - 15 - CITY COUNCIL COMMENTS 2:53 P.M. ITEM # 55892 Mayor Oberndorf met with Jones Hooks, President - Hampton Roads Economic Development Alliance, Sunday. December 10, 2006, as industrial representatives from China were visiting. Mayor Oberndorf, Mike Barrett and other region representatives attended a dinner with the industrial representatives. Mayor Oberndorf personally saw an effort being made by the Economic Development Partnership to assure Virginia Beach is given the opportunity to speak to potential industrialists. The statue of King Neptune at the Resort was very well received. The guests were very impressed. These investments are being recognized by our World visitors. Councilman Uhrin noted approximately ten percent (10%) of the visitors to Virginia Beach are from Canada. ITEM # 55893 Mayor Oberndorf referenced yesterday, December 11, 2006, the Oceana Land Use Conformity Committee met with the Navy to commence discussions re possibility of the locations of purchases of duplexes to reduce the density in this area. Mayor Oberndorf, Vice Mayor Jones, the City Manager and the City Attorney were in attendance on the City's behalf. ITEM # 55894 Councilman Villanueva advised the Mount Trashmore Park is under renovation and the concrete skate board slide has been installed and should be operational by January 2007. The new Woodstock Skate Park will be operational by Spring. Councilman Villanueva extended appreciation to the City Council and staff ITEM # 55895 Council Lady Wilson complimented the City's new/improved website (www.vbgov.com) Council Lady Wilson requested on-line a bulk pick-up. Within fifteen minutes, a City staff member had called. Council Lady Wilson was amazed at the quick response and ease of utilizing this impressive on-line service. The City Manager advised the City of Virginia Beach (prior to these improvements) had already been judged the best website in the United States. ITEM # 55896 Council Lady Henley referenced the City Page announcement of the Virginia Beach 2007 Boardwalk History Festival meeting. The meeting is scheduled for Monday, January 22,2007, at 7:00 P.M. in the Eastern Shore Chapel, 2020 Laskin Road. Booths will be provided to display the history of the representative organizations. The Virginia Beach 2007 Boardwalk History Festival will be held on Saturday, April 28, 2007. Council Lady Henley hopes all groups will be represented. Approximately one hundred (100) groups have committed to attendance. December 12, 2006 - 16 - CITY COUNCIL COMMENTS ITEM # 55897 Council Members Diezel, Dyer and Villanueva sponsored a Town Hal/ Meeting (Kempsville and Centerville Districts), last evening (December 11, 2006) attended by over three hundred (300). The Town Meeting was held at 6:30 P.M. at Tal/wood High School. Mayor Oberndorf advised approximately thirty (30) Department Directors (i.e. Police Chief, Fire Chief, Traffic Engineer, Directors of Public Works and Utilities) or their representatives were in attendance. Mayor Oberndorf urged cognizance that these individuals are not compensated for their attendance and should be utilized judiciously. Council Lady Henley advised during her Town Forums, she does not have staff present unless a particular issue requires their presence. Her meetings are very informal with participants being able to exchange ideas. December 12, 2006 - 17 - AGE N DA REV IE W S E S ION 3:00 P.M. ITEM # 55898 1. 6. Commonwealth of Virginia Vegetation Control Permit Program: b. Ordinance re the application of ADAMS OUTDOOR AD VERT/SING to allow the removal and replacement, with conditions, of certain vegetation on Virginia Beach Boulevard Speakers are registered re this item. ITEM # 55899 1.9. Ordinances to AUTHORIZE the City Manager to issue Franchise Agreements to Old Virginia Carriage Co., LLC, from November 15, 2006 to April 15, 2007, re: a. Guided horse tours on the sand beach between Rudee Inlet and 42nd Street b. Horse-drawn carriage rides on the Boardwalk Speakers are registered re this item which will be discussed during the Formal Session. ITEM # 55900 Councilman Diezel distributed a Resolution to suspend increases in health insurance premiums for Retirees (Second Revised Version) to be ADDED to the Agenda. ITEM # 55901 BY CONSENSUS, the following shall compose the CONSENT AGENDA: 1. RESOLUTIONS/ORDINANCES 1. Resolution re issuance by the Virginia Beach Development Authority (VEDA) of Industrial Revenue Bonds in the amount of $3,000,000 for Acoustical Sheetmetal, Inc. for a manufacturing plant at the intersection of Production Road and Central Drive. (DISTRICT 6 - BEACH) 2. Resolution to SUPPLEMENT the 2007 Community Legislative Package re adding proposed ABC establishments that pose a threat to public safety. 3. Resolution to AUTHORIZE the City's application for allocation of $1-Million through the Virginia Department of Transportation (VDOT) 2006-07 Revenue Sharing Program; and, AUTHORIZE the City Manager to execute all necessary agreements for the Lynnhaven Parkway Phase IX project's development and construction. 4. Resolution to AUTHORIZE the City Manager to execute a Memorandum of Agreement (MOA) with Hampton Roads Planning District Commission (HRPDC) re the Hampton Roads Regional Water Supply Planning Process. December 12, 2006 - 18 - AGE N DA REV IE W S E S ION ITEM # 55901 (Continued) 5. Resolution to A UTHORIZE the Department of Emergency Medical Services (EMS) to apply for an upgrade to its agency license from an Emergency Ground Transport Agency to an Emergency Ground Transport and Air Ambulance Agency. 6. Commonwealth of Virginia Vegetation Control Permit Program: a. Resolution to A UTHORIZE an Agreement for the delegation of administration to the City of Virginia Beach. 7. Ordinance to A UTHORIZE the City Manager to execute a Deed of Release and Exchange re an Agricultural Lands Preservation Easement (ARP) for a land change of equal area on property owned by Edward L Vaughan and previously approved by City Council. 8. Ordinance to A UTHORIZE the acquisition of property in fee simple, including temporary and permanent easements, at General Booth Boulevard, Elson Green Avenue and UptonDrive/Sandbridge Roadfor the right-ofway for Princess Anne Road, Phase VII, either by agreement or condemnation. 10. Ordinances to TRANSFER: a. $421,810from the LynnhavenXlproject to the Buckner Boulevard Extended project and A UTHORIZE the City Manager to execute a Cost Participation Agreement with Baymark Construction Corporation, Colonial Self Storage and Public Storage re the extension of Buckner Boulevard. b. $350,000 from Reserve for Contingencies to the Department of Economic Development's FY 2006-07 operating budget re continued operating costs for the Tournament Players Club (TPC) golf course through March 31, 2007. December 12,2006 - 19 - AGE N DA REV IE W S E S S ION ITEM # 55902 K.1. Application of ED WARD A., JR. and KA THLEEN T. KURPIEL for a Variance to $ 4.4(b) of the Subdivision Ordinance at 2184 Princess Anne Road re subdividing an existing lot into two lots. (DISTRICT 7 - PRINCESS ANNE) The applicant wishes to speak re this item recommended for DENIAL. ITEM # 55903 K.4. Applications of BE CO DEVELOPMENT, L.L.C. at 6226 Providence Road: (DISTRICT 1- CENTERVILLE) a. Change of Zoning District Classification from B-2 Community Business District to Conditional A-36 Apartment District b. Conditional Use Permit re a senior housing project Concern was expressed re the size of the project. Mayor Oberndorf advised this building resembles the Sunstates application off Shore Drive. This building resembles what the City Council ultimately decided was similar to "warehousing the elderly". The City Council purchased the land, due to a fire during the building of this facility. Council Lady McClanan believes these applications resemble "rent control" housing. ITEM # 55904 K.5. Application of OCEAN PROPERTIES, L.L.C.for a Change of Zoning District Classification from B-2 Community Business District to Conditional B-4 Mixed Use District at Centerville Turnpike and Lynnhaven Parkway to develop the site with retail, restaurants, offices and multi-family condos. (DISTRICT 1 - CENTER VILLE) Councilman Villanueva requested City Staff brief City Council concerning the status of the Lynnhaven Parkway and Centerville Turnpike. ITEM # 55905 BY CONSENSUS, thefollowing items shall compose the PLANNING BY CONSENT Agenda: K. PLANNING 2. Application of CINGULAR WIRELESS for a Conditional Use Permit re a communications tower at 5638 Baccalaureate Drive. (DISTRICT 2 - KEMPSVILLE) 3. Application of DISCIPLESHIP TABERNACLEfor a Conditional Use Permit re a church at 3540 Holland Road. (DISTRICT 3 - ROSE HALL) December 12, 2006 - 20- AGE N DA REV IE W S E S S ION ITEM # 55905 (Continued) 6. Application of DEEP BLUE MARINE, L.L.C.for a Modification of Conditions at 3716 Shore Drive (approved by City Council on October 25,2005) re landscape plantings and site improvements. (DISTRICT 4 - BAYSIDE) Item K.2 (Cingular Wireless) shall be DEFERRD BY CONSENT December 12, 2006 - 21 - ITEM # 55906 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-3711 (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) Council Appointments: Boards, Commissions, Committees, Authorities and Agencies 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). Dome Site Upon motion by Councilman Dyer, seconded by Councilman DeSteph, City Council voted to proceed into CLOSED SESSION (3:27 P.M.). Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None (Closed Session: 3:40 P.M. - 5:10 P.M.) (Break: 3:30 P.M. - 3:40 P.M.) (Dinner: 5:10 P.M. - 6:00 P.M.) December 12, 2006 - 22- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL December 12, 2006 6:00 P.M. Mayor Meyer E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, December 12, 2006, at 6:00 P.M. Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Dr..J. Scottie Griffin Lynnhaven Presbyterian Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record. December 12, 2006 - 23 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 55907 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exemptfrom 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: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: Barbara M. Henley December 12, 2006 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 # 55906, Page 21, and in accordance with the provisions of The Virginia Freedom of Information A~ and, WHEREAS. Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NO>>'; THEREFORE, BE IT RESOL VED 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. December 12, 2006 - 24- Item V-F.1. MINUTES ITEM #55908 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of December 5, 2006. Voting: 9-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva and James 1. Wood Council Members Voting Nay: None Council Members Abstaining: Rosemary Wilson Council Members Absent: Barbara M. Henley Council Lady Wilson ABSTAINED as he was not in attendance during the City Council Session of December 5,2006, being onfamily vacation with her family in New York. December 12, 2006 - 25- Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM #55910 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION December 12,2006 - 26- Item V-H.J. PUBLIC HEARING ITEM #55911 Mayor Oberndorf DECLARED A PUBLIC HEARING: PROPOSED CONDEMNATION Princess Anne Road Phase VII at Elson Green Avenue intersection There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING: December 12, 2006 - 27- Item V-H.2. ADD-ON ITEM # 55912 Upon motion by Councilman Diezel, seconded by Council Lady Wilson, City Council ADDED to the Consent Agenda as Item J.ll: Resolution to suspend increases in health insurance premiums for Retirees. Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Barbara M Henley December 12, 2006 - 28- Item V-H.3 PRESENTATION ITEM# 55913 Mayor Oberndorf referenced a note from Councilman DeSteph advising Mrs. Watson's Government Class of students from Princess Anne High School are in attendance. Mayor Oberndorf expressed appreciation for their attendance and presented each with a City Seal pin. December 12, 2006 - 29- Item v'J. RESOLUTIONS/ORDINANCES ITEM #55914 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION Resolutions/Ordinances 1, 2, 3, 4, 5, 6a., 7, 8, lOa/b. and 11 (ADDED) of the CONSENT AGENDA Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 12, 2006 - 30- Item v'J.l. RESOLUTIONS/ORDINANCES ITEM # 55915 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution re issuance by the Virginia Beach Development Authority (VEDA) of Industrial Revenue Bonds in the amount of $3,000,000 for Acoustical Sheetmetal, Inc. for a manufacturing plant at the intersection of Production Road and Central Drive. (DISTRICT 6 - BEACH) Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 12, 2006 1 2 3 4 5 6 7 8 9 RESOLUTION OF CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR ACOUSTICAL SHEETMETAL, INC. WHEREAS, the City of Virginia Beach Development 10 Authority (the Authority) has considered the application of 11 Acoustical Sheetmetal, Inc. (the Company) for the issuance 12 of the Authority's Revenue Bonds (the Bonds) in an amount 13 not to exceed $3,000,000 to assist the Company in (a) 14 financing the construction and equipping of an 15 approximately 63,000 square foot building to house a 16 facility to manufacture fuel tanks, sound attenuated 17 enclosures and attendant electrical systems (the Project) 18 located on a parcel of land containing approximately 4.2 19 acres located on Production Road approximately 1.2 miles 20 east of the intersection of Production Road and Central 21 Drive in the City of Virginia Beach, Virginia, and (b) to 22 finance costs associated with the issuance of the Bonds; 23 and 24 WHEREAS, the Authority has held a public hearing with 25 respect to the Project and the Bonds on November 21, 2006, 26 and has adopted an inducement resolution with respect 27 thereto; and 28 WHEREAS, the Internal Revenue Code of 1986, as amended 29 (the Code), provides that the highest elected governmental 30 officials of the governmental unit having jurisdiction over 31 the issuer of private activity bonds shall approve the 32 issuance of such bonds; and 33 WHEREAS, the Authority issues its bonds on behalf of 34 the City and the members of the City Council of the City 35 (the Council) constitute the highest elected governmental 36 officials of the City; and 37 WHEREAS, Section 15.2-4906 of the Code of Virginia of 38 1950, as amended (the Virginia Code), provides that the 39 Council shall, within sixty (60) calendar days from the 40 public hearing with respect to industrial development 41 revenue bonds either approve or disapprove the issuance of 42 such bonds; and 43 WHEREAS, a copy of the Authority's resolution 44 approving the issuance of the Bonds, a reasonably detailed 45 summary of the comments expressed at the public hearing 46 with respect to the proj ect and the Bonds and a statement 47 in the form prescribed by Section 15.2-4907 of the Virginia 48 Code have been filed with the Council, together with the 49 Authority's recommendation that the Council approve the 50 issuance of the Bonds; 51 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 52 THE CITY OF VIRGINIA BEACH, VIRGINIA: 53 1. The recitals made in the first preamble to this 54 resolution are hereby adopted as a part of this resolution. 55 2 . The City Council of the City of Virginia Beach, 56 Virginia, approves the issuance of the Bonds by the 57 Authority for the purposes stated herein, such approval 58 being given to the extent required by the Code and Section 59 15.2-4906 of the Virginia Code. 60 3. The approval of the issuance of the Bonds, as 61 required by the Code and the Virginia Code, does not 62 constitute an endorsement to a prospective purchaser of the 63 Bonds of the creditworthiness of the Company and, as 64 required by Chapter 643 of the Acts of Assembly of 1964, as 65 amended (the Act), the Bonds shall provide that neither the 66 City nor the Authority shall be obligated to pay the Bonds 67 or the interest thereon or other costs incident thereto I 68 except from the revenues and monies pledged therefor and 69 neither the faith or credit nor the taxing power of the 70 Commonwealth of Virginia, the City or the Authority shall 71 be pledged thereto. 72 4. This resolution shall effect immediately upon its 73 adoption. 74 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 12th day of December 75 CAI0158 V\applications\citylawprod\cycom3 2\ Wpdocs\DO 15\P00 1 \00023 504.DOC R-l November 30, 2006 , 2006. APPROVED AS SUFFICIENCY TO LEGAL ~~~ City A torney h?~ ?-~6 The virginian-Pilot -------------------- -~---------------------------+------------------------ I I I I I I I I I I I I I This day,Dreama Johnson personally appeared before! me and after being duly sworn. made oath that: I 1) She is affidavit clerk of The Virginian-Pilot, I a newspaper published by Landmark Communications I Inc., in the cities of Norfolk, Portsmouth, I Chesapeake, Suffolk, and Virginia Beach, Common- I wealth of virginia and in the state of North I Carolina 2)That the advertisement hereto annexed I has been published in said newspaper on the date I stated. I I I I I I I I I I I I I I I I I I I I TOTAL COST: 8Q4.96 AD SPACE: 106 LINEI FILED ON: 1,;i/~7/06 .,' I - - - -~. - - - - - - - - - J ~ -{-'7 - - - - - - - - - - - - -.';"', -/:.-'- -.:- - -..- - - - _. - - - - -f- - - - .- - -. - ~> -. - - - - - - - - - - - - .,~.... I,egal ~f:iant: I' ' "', i SUbsC'r'.~~e&.',a~d ~wi;(n to beffll-<: 'l\le.in ll1Y c~.ty and state on the day and year aforesa~~ \hlS -f-\:.:J,..JiaR. ~f ~~ .";. .,.-,-\C'; ": ,. '\ \ l-<;";)\ \. Notary-:_ J-1.J,,,,~~.,"'.._'~ '~:"~~~ommission expires January 31, 2008 Exhibit A THE VIRGINIAN-PILOT NORFOLK, VIRGINIA AFFIDAVIT OF PUBLICATION KAUFMAN & CANOLES, SUITE 2100 150 W MAIN ST NORFOLK VA 23510 P.C. REFERENCE: 10236406 16088977 NOTICE OF PUBLIC HEA State of Virginia City of Norfolk PUBLISHED ON: 11/07 11/14 ..,,-----....<>0.-,. HEARING ON IHI)USTRIAL OEV$.. fJVENUE BONOS FINANQING."yllfl.ClTYOF VIRGINIA BEACH J)EVEl.()PM~T AUTHORITY FOR ACC>USnCAL SHEETMETAL. INC. 1\Iotw.e isi1<!reby gIVen tl1i>! !l1I>. eil> ~f Virginia Bench Dr,vel ()prneril f\illtrorlty (thf.l4V1hont~t whose mJdmst'l 1,;' ,222 Ci:n Iml Pnrk,i\ve""", Slil!!>t(l()<), \"rg""~ Bll,wh. Vk$t"''' 2:3462, will ho-lda pVOlfi.'f lit(iting()i't tt'ta pfarl (}f fInance ol/\ct<USltCal S!teI1tntetaJ,: file, ithe Cmt\fWltl), wtl()$e t*rziness _i~ IVtit1t;!'d Ht 122 S. 'N'!c!I<IUCk Road. Vl!glnl~ i'l<>ach, Vlrifllln:r:l452. tOt tl'M? issuance by the AuthO:nty of it"; ,teV~i1\1e tKlt.ds !fii)fl allWtlnl n~Ho e).Ce~$3;0Q0.OOO to a~!;.!~t 111ft CI)!1lpun~ H1 ; ,,} fmanc!n&_tM cons:tt~~,lQll ,,' ~n~'1 B'rrLhp~~, f)f . an ,.M'Pt{lXI" :~:~~~:ra~~;?/~~j'\~t~Zjs.f~~u~;~t~t~n~;~tt!~rJ~~(~;~'l~.~~~1~t~:1r;;.; anertdante~trifiid 5YtterrH,',lthe Projt1-ct} IIX'.mSd, on i~, pmcel ()f land containing i1~)(ox!mawt~', 4,,2 acm':i, Itx:attJu (Ill Pm- du<:UOJ\ Rr>adapproxH1ialety .L2,tmle$ ea.,;;. l)t Vjt;"iI1tef!.~uc tiOfi o~' ~l){1uc1.i()n R(iM1anrtt:~mrftl, DflvHftl t'he City of Vir ~mta~..t)i;h. Vugim8" :etl~ (~i, payJryg, thtlfl.}$l of n:mUlog. tho OOlyjs. . lhe PrWe(;! will tjf< .'lWTle<'l1ll' tile (;(l!l1i1"ny.. lhe put> (K; tmarmg. wtu(:;i1ma:YJ:woonl1ft\H~d nrad~)l;mett will IJt+ h~ld at 8:110 a.Ill.OIl Novemlle' 21, 2006. befort. II", Authority m thfJ contf,;H,rw;e tU(.ffn" ~ its (1ffl{;6. The L'ond~ wjil no~ pl~ttw;t)~r~.(~n nrth& taxiflgpnv/N (~f t.ho(>ly {:sf Vu. !?in1n OCefch,. VngJf>>il. o~ ',the "A..~thonty, btlt WtU be payable ;')olf~fyfr(.)nl,(e\'fHlu~sdefived frorn tN~ Company, ArW perSi;tI1 IntBH~stt)d 10, too {S5Uftf1(i:e of the hom1F ()r the, h')t,.-atl{)(j or flalu1dof the' prQje<:{ (Hay appe~and fltlhtWftL A copy otthe re~d!utiCtfl to be r.or,Sidered 'by 'the AuthOrity aft~'jr thu PUhliC' he.:'ving wiU i.:>e 011 We artfJOj)(m tOf lri$pt\~hO(l fit Y*' A~jq1()rjly'$offiC(fd(itJ-rt.g~htJs'!nif1'f,,!' hrnJ!'t; fiHCrf t1) Hli" fJlJt11u, 11'!dl")1,g, 7.1~ - "-'~'-"'~"-"",,,,- """"-.........~......,,~ NOTICE OF PUBLIC HEARING ON PROPOSED INDUSTRIAL DEVELOPMENT REVENUE BONDS FINANCING BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY FOR ACOUSTICAL SHEETMET AL, INC. Notice is hereby given that the City of Virginia Beach Development Authority (the Authority) whose address is 222 Central Park Avenue, Suite 1000, Virginia Beach, Virginia 23462, will hold a public hearing on the plan of finance of Acoustical Sheetmetal, Inc. (the Company), whose business is located at 122 S. Witchduck Road, Virginia Beach, Virginia 23462, for the issuance by the Authority of its revenue bonds in an amount not to exceed $3,000,000 to assist the Company in (a) financing the construction and equipping of an approximately 63,000 square foot building to house a facility to manufacture fuel tanks, sound attenuated enclosures and attendant electrical systems (the Project) located on a parcel of land containing approximately 4.2 acres located on Production Road approximately 1.2 miles east of the intersection of Production Road and Central Drive in the City of Virginia Beach, Virginia, and (b) paying the cost of issuing the bond. The Project will be owned by the Company. The public hearing, which may be continued or adjourned, will be held at 8:30 a.m. on November 21, 2006, before the Authority in the conference room at its office. The bonds will not pledge the credit or the taxing power of the City of Virginia Beach, Virginia, or the Authority but will be payable solely from revenues derived from the Company. Any person interested in the issuance of the bonds or the location or nature of the Project may appear and be heard. A copy of the resolution to be considered by the Authority after the public hearing will be on file and open for inspection at the Authority's office during business hours prior to the public hearing. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY TO BE PUBLISHED IN THE VIRGINIAN-PILOT ON TUESDAY, NOVEMBER 7, 2006, AND TUESDAY, NOVEMBER 14,2006 ::ODMA\PCDOCS\DOCSNFK\!!47739\! Exhibit B SUMMARY OF PUBLIC HEARING WITH RESPECT TO INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR ACOUSTICAL SHEET MET AL, INC. At 8:30 a.m. on November 21, 2006, the Chairman of the City of Virginia Beach Development Authority (the Authority) announced th.e commencement of a public hearing of the Authority in the conference room at its office located at 222 Central Park Avenue, Suite 1000, Virginia Beach, Virginia 23462, on the plan of finance of Acoustical Sheetmetal, Inc. (the Company), whose business is located at 122 S. Witchduck Road, Virginia Beach, Virginia 23462, for the issuance by the Authority of its revenue bonds in an amount not to exceed $3,000,000 to assist the Company in (a) financing the construction and equipping of an approximately 63,000 square foot building to house a facility to manufacture fuel tanks, sound attenuated enclosures and attendant electrical systems (the Project) located on a parcel of land containing approximately 4.2 acres located on Production Road approximately 1.2 miles east of the intersection of Production Road and Central Drive in the City of Virginia Beach, Virginia, and (b) paying the cost of issuing the bond. The Project will be owned by the Company. Caryl S. Johnson, Bond Counsel, spoke and disclosed to the Authority the nature of the financing plan, and then invited questions concerning the financing from members of the Authority. No questions were raised. No other comments being made by anyone from the public, the public hearing was closed at 8:45 a.m. ::ODMA\PCDOCS\DOCSNFK\1158250\1 Exhibit C RESOLUTION OF CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY WHEREAS, there has been described to the City of Virginia Beach Development Authority (the Authority), the request of Acoustical Sheetmetal, Inc., a Virginia corporation (the Company) the principal business address of which is 122 S. Witchduck Road, Virginia Beach, Virginia 23462, for the issuance by the Authority of its revenue bonds in an amount not to exceed $3,000,000 (the Bonds) to assist the Company in (a) financing the construction and equipping of an approximately 63,000 square foot building to house a facility to manufacture fuel tanks, sound attenuated enclosures and attendant electrical systems located on a parcel of land containing approximately 4.2 acres located on Production Road approximately 1.2 miles east of the intersection of Production Road and Central Drive in the City of Virginia Beach, Virginia (the Project), and (b) financing the cost of issuing the Bonds; and WHEREAS, the Company in its appearance before the Authority and its application has described the benefits to the City of Virginia Beach, Virginia (the City), to be derived from the Project and has requested the Authority to agree to issue the Bonds under Chapter 643 of the Acts of Assembly of 1964, as amended (the Act); and WHEREAS, a public hearing with respect to the above matters has been held on November 21,2006, as required by Virginia law and Section 147(1) of the Internal Revenue Code of 1986, as amended (the Code). BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY: 1. It is hereby found and determined that the issuance of the Bonds will benefit the inhabitants of the City and promote their safety, health, welfare, convenience and prosperity. 2. The Authority hereby agrees to assist the Company in the financing of the Project by undertaking the issuance of the Bonds upon terms and conditions to be mutually agreed upon between the Authority and the Company. The Company will execute and deliver a promissory note which will provide payments to the Authority sufficient to pay the principal of and premium, if any, and interest on the Bonds and to pay all other expenses in connection with the issuance of the Bonds and the Authority's administration thereof. The Bonds shall be issued in form and pursuant to terms to be set by the Authority, and the payment of the Bonds shall be secured by an assignment, for the benefit of the holders thereof, of the Authority's rights to payments under the promissory note. 3. It having been represented to the Authority that it is necessary to proceed immediately with the acquisition and installation of the Project, the Authority hereby agrees that the Company may take such steps as it may deem appropriate in connection therewith, provided that nothing herein shall be deemed to authorize the Company to obligate the Authority without its consent in each instance to the payment of any moneys or the performance of any acts in connection with the Project. The Authority agrees that the Company may be reimbursed from the proceeds of the Bonds for all costs so incurred by it beginning from the date that is 60 days prior to the date of this resolution and as otherwise approved by bond counsel. 4. The Authority hereby agrees to the recommendation of the Company that Kaufman & Canoles, P.c., be appointed as bond counsel and hereby appoints such firm to supervise the proceedings and approve the issuance ()f the Bonds. 5. The Authority hereby agrees, if requested, to accept the recommendation of the Company with respect to the purchase of the Bonds by a commercial bank or investment bank pursuant to terms to be mutually agreed upon. 6. All costs and expenses in connection with the financing plan shall be paid from the proceeds of the Bonds to the extent permitted by law or from funds of the Company and the Authority shall have no responsibility therefor. 7. All acts of the officers of the Authority which are in conformity with the purposes and intent of this resolution and in furtherance of the issuance and sale of the Bonds is hereby approved and confirmed. 8. The Authority hereby recommends that the City Council of the City of Virginia Beach, Virginia (the Council), approve the issuance of the Bonds and hereby directs the Chairman or Vice Chairman of the Authority to submit to the Council the statement in the form prescribed by ~ 15.2-4907 of the Virginia Code, a reasonably detailed summary of the comments expressed at the public hearing held by the Authority pursuant to ~15.2-4906 of the Virginia Code on the date hereof, and a copy ofthis resolution. 9. The Authority hereby elects to have the provisions of Section 144(a)(4) of the Code applied to the Bonds. 10. This resolution shall take effect immediately upon its adoption. The undersigned hereby certifies that the above resolution was duly adopted by a roll call vote of the commissioners of the City of Virginia Beach Development Authority at a meeting duly called and held on November 21, 2006, and that such resolution is in full force and effect on the date hereof. Dated: ~Q~Lt<"o~ 1..'ll-OO\c;, ~''-v~ c.'no.., (' S-eentl\:', City of AuthOrity . ia Beach Development ::ODMA\PCDOCS\DOCSNFK\!!4780!\! 2 Exhibit D DISCLOSURE STATEMENT Date: November 21, 2006 Applicant's Name(s): Acoustical Sheetmetal, Inc. All Owners (if different from applicant): NI A Type of Application: Rezoning: From To Conditional Use Permit: Street Closure: Subdivision Variance: Other: Bond Application *****************************************~************************************ The following is to be completed by or for the Applicant: 1. If the applicant is a CORPORATION, list all the officers of the Corporation: See attached schedule. 2. If the applicant is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or partners in the organization: N/A The following is to be completed by or for the Owner (if different from the applicant) 1. If the Owner is a CORPORATION, list all the officers of the Corporation: N/A 2. If the Owner is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or partners in the organization: N/A . f';-. OFFICERS AND DIRECTORS Petra E. Snowden President and Director Michael S. Ireland Executive Vice President and Director Dieter P. Steinhoff Secretary/Treasurer and Director ::ODMA\PCDOCS\DOCSNFK\l14816l\1 Exhibit E VIRGINIA BEP-1CH Department of Economic Development 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 (757) 437-6464 FAX (757) 499-9894 Website: www.vbgov.com E-mail: ecdev@vbgov.com CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY APPROVAL OF THE ISSUANCE BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY TO ISSUE BONDS FOR ACOUSTICAL SHEET METAL, INC. TO ASSIST IN CONSTRUCTION AND EQUIPPING OF AN APPROXIMATELY 63,000 SQUARE FOOT FACILITY AND TO FINANCE THE COSTS ASSOCIATED WITH THE ISSUANCE OF THE BONDS. The Development Authority recommends approval ofthe above-referenced financing. The benefits ofthe Project to the City is as follows: (a) this is in the best interest of the public and will benefit the inhabitants of the City through the promotion of their safety, health, welfare, convenience and prosperity, and (b) the constructing and equipping of the Project for the Company in the City will provide a public benefit to the City by, among other things, promoting industry, commerce and developing trade. Exhibit F FISCAL IMPACT STATEMENT SUBMITTED TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY The undersigned applicant, in order to permit Acoustical Sheetmetal, Inc. to submit the following information in compliance with Section 15.2-4907 of the Code of Virginia of 1950, as amended, states: Name of applicant: Acoustical Sheetmetal, Inc. Facility: On Production Road near the Intersection of Production Road and Central Drive in the City of Virginia Beach, Virginia 1. Maximum amount of fmancing sought $3,000,000 2. Estimated taxable value of facility's real property to be constructed in the locality $3,600,000 3. Estimated real property tax per year using present tax rates $36,000 4. Estimated personal property tax per year using present tax rates $l5,300 5. Estimated merchant's capital tax per year using present tax rates -0- 6. a. Estimated dollar value per year of goods that will be purchased From Virginia companies within the locality $8l6,700 b. Estimated dollar value per year of goods that will be purchased from non-Virginia companies within the locality $774,000 c. Estimated dollar value per year of services that will be purchased from Virginia companies within the locality $172,000 d. Estimated dollar value per year of services that will be purchased from non-Virginia companies within the locality $510,695 7. Estimated number of regular employees on year round basis (FTE) 25 8. Average annual salary per employee $34,ll2 Dated: November 21,2006 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By: ~(~ v'~--t -;x~ Chairma C. ::ODMA\PCDOCS\DOCSNFK\1148160\1 Exhibit G SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY REVENUE BOND 1. PROJECT NAME: 2. LOCATION: 3. DESCRIPTION OF PROJECT: 4. AMOUNT OF BOND ISSUE: 5. PRlNCIP ALS: 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property b. Is rezoning proposed: c. If so, to what zoning classification? Acoustical Sheetmetal, Inc. 1.2 miles east of the intersection of Production Road and Central Drive in the City of Virginia Beach, Virginia Manufacturing Facility $3,000,000 See attached list of officers and directors Light Industrial Yes No XX OFFICERS AND DIRECTORS Petra E. Snowden President and Director Michael S. Ireland Executive Vice President and Director Dieter P. Steinhoff SecretarylTreasurer and Director ::ODMA\PCDOCS\DOCSNFK\! ]48]62\\ Exhibit H VIRGINIA BE.~CH Virginia Beach Development Authority 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 (757) 385-6464 FAX (757) 499-9894 Website: www.vbgov.com November 21,2006 Mr. Donald V. J ellig Chair Virginia Beach Development Authority 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 Re: Acoustical Sheetmetal, Inc. Bond Financing Dear Don: The Department of Economic Development concurs with the issuance of Industrial Revenue Bonds in an amount not to exceed $3,000,000 for Acoustical Sheetmetal, Inc. These funds are to be utilized primarily to finance the cost of constructing and equipping an approximately 63,000 square foot building to house a facility to manufacture fuel tanks, sound attenuated enclosures, and attendance electrical systems. The resulting public benefits are as follows: (a) this is in the best interest of the public and will benefit the inhabitants of the City through the promotion of their safety, health, welfare, convenience and prosperity, and (b) the constructing and equipping of the Project for the Company in the City will provide a public benefit to the City by, among other things, promoting industry, commerce and developing trade. I will be happy to answer any questions you may have at our meeting of November 21 st. Sincerely, -'0\~W~ Mark R. Wawner Project Development Coordinator MRW:lls - 31 - Item v'J.2. RESOLUTIONS/ORDINANCES ITEM # 55916 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution to SUPPLEMENT the 2007 Community Legislative Package by adding proposed ABC establishments that pose a threat to public safety. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 12, 2006 1 2 3 4 5 6 7 8 A RESOLUTION SUPPLEMENTING THE 2007 COMMUNITY LEGISLATIVE AGENDA BY ADDING A PROPOSAL FOR LEGISLATION REGARDING ABC ESTABLISHMENTS THAT POSE A THREAT TO PUBLIC SAFETY WHEREAS, on September 12, 2006, the City Council adopted 9 its 2007 Community Legislative Agenda and requested that members 10 of the City's local Delegation to the General Assembly sponsor 11 and/or support legislation therein; and 12 WHEREAS, state legislation is needed to enable to protect 13 the public from establishments that serve alcoholic beverages 14 and pose a threat to public safety, but a request for such 15 legislation is not currently part of the 2007 Community 16 Legislative Agenda; 17 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 That the City Council hereby amends its 2007 Community 20 Legislati ve Agenda by adding the attached request for 21 legislation regarding ABC establishments. 22 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 That the City Clerk is hereby directed to transmit a copy 25 of this Resolution and the attachment to each member of the 26 City's Delegation to the General Assembly. 27 28 Adopted by the City Council of the City of Virginia Beach, 29 Virginia, this 12th day of December , 2006. 30 APPROVED TO CONTENT AND LEGAL SUFFICIENCY: ~i'he ~ CA-10224 V:\applications\citylawprod\cycom32\Wpdocs\D001\P001\00024335.DOC December 1, 2006 R-1 ATTACHMENT ABC ESTABLISHMENTS THAT POSE A THREAT TO PUBLIC SAFETY Virginia Beach Police Department Background Information: When a bar in the City presents serious public safety concerns, the Police Department can submit a report to the local Alcoholic Beverage Control ("ABC") officer, who may chose to investigate the matter. Following the investigation, the local ABC officer may chose to request an administrative hearing before an ABC hearing officer to determine whether the bar's license to serve alcoholic beverages should be suspended or revoked, or whether conditions should be imposed on the bar's continued operation. Because of the limited number of ABC hearing officers and delays that often are sought by bar owners, the hearing generally is not held for several months. If the hearing officer rules against the bar, then the bar owners routinely appeal to the full ABC Board. During this entire time-investigation, hearing before the hearing officer, and the appeal before the ABC Board-the bar is allowed to continue operating, despite the threat to public safety.. Request: The General Assembly is requested to enact legislation with the following provisions: Any locality may file a complaint in the Circuit Court seeking a temporary injunction preventing an establishment or club within its jurisdiction from serving alcoholic beverages upon a finding by the local police chief or sheriff that the establishment or club is a threat to the public safety of the community. Any Complaint for a temporary injunction filed under this section shall be supported by an Affidavit of the local police chief or sheriff demonstrating that the establishment or club has become a place of gathering of persons committing violations of the law so frequent and serious as to be deemed a threat to public safety. The Affidavit shall be supported by records of such violations. The Complaint, accompanied by the Affidavit and attachments, shall be served upon the owner of such establishment or club by personal service or by posting at the address of the establishment or club. Notice shall also be provided to the Regional Alcoholic Beverage Control Officer who shall initiate an inquiry and hearing as to whether the ABC license of the establishment or club should be revoked. A hearing shall be held, and evidence taken, by the Court within ten days after service of the Complaint on the owner of the establishment as provided herein. Upon a finding by the Court that the establishment or club is a threat to the public safety of the community, the Court shall enjoin the serving of alcoholic beverages by the establishment or club. The locality shall not be required to post a bond in order for an injunction under this section to issue. If the court grants a temporary injunction, the injunction shall remain in effect until the Alcoholic Beverage Control Board has entered a final determination regarding the status of the ABC license. If the court does not grant the temporary injunction, the Alcoholic Beverage Control Board shall nevertheless continue its inquiry as to the charges alleged in the Affidavit and make such findings and take such actions as are otherwise provided by law. - 32 - Item v'J.3. RESOLUTIONS/ORDINANCES ITEM # 55917 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution to A UTHORIZE the City's application for allocation of $1- Million through the Virginia Department of Transportation (VDOT) 2006-07 Revenue Sharing Program; and, AUTHORIZE the City Manager to execute all necessary agreements for the Lynnhaven Parkway Phase IX project's development and construction. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 12, 2006 1 2 3 4 A RESOLUTION FOR APPROVAL TO APPLY FOR PROJECT MATCHING FUNDS UNDER THE VDOT REVENUE SHARING PROGRAM 5 WHEREAS, the City Council of Virginia Beach desires to 6 submit an application for an allocation of funds of up to 7 $1,000,000 through the Virginia Department of Transportation Fiscal 8 Year 2006-2007 Revenue Sharing Program; and 9 WHEREAS, $1,000,000 of these funds will be requested to 10 augment the funding for the Lynnhaven Parkway-Phase IX project (CIP 11 #2-157). 12 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 13 OF VIRGINIA BEACH, VIRGINIA THAT: 14 1. The City Council hereby supports this application for 15 an allocation of $1,000,000 through the Virginia Department of 16 Transportation Fiscal Year 2006-2007 Revenue Sharing Program. 17 2. The City Manager is hereby authorized to execute on 18 behalf of the City of Virginia Beach all the necessary agreements 19 for project development and construction. 20 Adopted by the Council of the City of Virginia Beach, 21 Virginia, on the 12th day of December , 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Jw}U.2 K ,1ti~ City Attorney's 0 lce CA10223 v:\applications\citylawprod\cycom32\WpdocS\D029\P001\O0024008.DOC R-2 November 29, 2006 \ --.. ~ 1'0 ~1l'<<'-1,0~ /-~ <:> '\..' ,\\ ~, l\;\ " 'I ~--- ,'ill iJ~\ ~\ ' ~~'~ \ 'C1;: ~~?~\, , (o~~~I\' '.1 ~~~, "'~ m'\() Y-"\\"l~t~~, ~ ~~,~ ~~ / .>V'/ I~ 'I ~/f-f.. ' ~"""'~ ~ ~ ~ ~ (/111 ~ ~'-' ~ ~Ev.. ,:0, (). ~ ,~~'):.. ~~~'r','! ~~ ~".'~~l~ \r-~ '.'':"---L '", ~ c,.''"-J:::..::.~ L 7 ...., -..I ---;.....:.. ........ \, \ ~ 1 "'-4 - ~ ...;:. .'~ E-1 ~ " -- , ,;:s;y 7 J ~.,<~:;'- '" '. ~'~ ~, ~~~\ ~.dA ~ '- -- .,..,..;. L-- I) '-1/ II..-- ~ / 1;1,li 350 700 '><<::, ~~ ---1 f--J "'<-- - I ''--./ t: ,,:1 'I! I f--.-.' 1\," )\ I--- 1 \ '. >.1 1 ... ',," 1: ,~:::2_ . IlL ----..:' -/ -, '. " '# ~~" ." "tj 5ij I:'l .... ; '~,' ' '0. ..' . ,,~\-1 \ ,,-, ~ LOCATION MAP SHOWING'~ 1\ LYNNHAVEN PARKWAY PHASE IX"< ~ CIP #2-157 1,400 . ~ / I Feet ~~,,;.~ ~,,<:>... ~ .;.[7 I II 7 ..'" 't:h,,;., "I~ '~ ,,~ .' 'I '/ 11 i ../. , . , -", I'OJ : ~I~ o I "rlf~ "lOOI? .~ k-"'" Prepared by p.w.lEng.lEng. Support Services Bureau 11122/06 ~ ~ ~ 'J'A"-' ~ ~ '1/ ~.".J:', /:?' ~ J..I~ . .,/ ~ ~ ~v - I ~ ~ o i\:~ Y'~ X:\Projects\ARC Files\Agenda Maps\Lynnhaven IX\Lynnhaven IX.mxd - 33 - Item v'J.4. RESOLUTIONS/ORDINANCES ITEM# 55918 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution to AUTHORIZE the City Manager to execute a Memorandum of Agreement (MOA) with Hampton Roads Planning District Commission (HRPDC) re the Hampton Roads Regional Water Supply Planning Process. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 12, 2006 [i~.~..'" ..:~, .. -.... . I.' "" ; *.: ...... ~J ol'::.J ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing And Directing The City Manager To Execute On Behalf Of The City Of Virginia Beach A Memorandum Of Agreement Pertaining To The Hampton Roads Regional Water Supply Planning Process MEETING DATE: December 12,2006 . Background: In the aftermath of the 2001-2003 drought, the Commonwealth of Virginia enacted legislation and regulations mandating the development of local and/or regional water supply plans. Local governments are required to prepare a water supply plan, or participate with other jurisdictions to develop a regional plan, for submittal to the Department of Environmental Quality (DEQ) by 2008. The Hampton Roads Planning District Commission (HRPDC) has offered to prepare a regional water supply plan in cooperation with the jurisdictions in the region, pursuant to a proposed agreement negotiated by the directors of the area-wide water supply systems. . Considerations: Program costs will be allocated among the local governments based upon the locality's share of total regional water connections. Virginia Beach's cost share is expected to be 27% of the total program cost, or approximately $28,000. If the City declines to participate, it will have to prepare and submit a water supply plan of its own, independent of the regional effort. . Public Information: This item will be advertised as part of the City Council agenda. . Alternatives: The alternative to participating in the regional water supply planning effort is to reject the resolution and not participate. The regional water supply planning program would go forward, but without the City's participation. This would be counterproductive, as the water systems in the region are significantly intertwined and the utilities cooperate on a number of water and wastewater issues that benefit the City. The Department of Public Utilities has sufficient funding in its reserves for contingencies to cover the City's share of the cost. If Council approves the resolution, funds will be transferred accordingly for this expense. . Recommendations: Adopt resolution authorizing the City Manager to execute the participation agreement. . Attachments: Resolution, Summary of Material Terms Recommended Action: Adoption of Resolution Submitting Department/Agency: Department of Public Utilities j fV/ c.L. - d - ?Jl -. City Manager:~ )( , 0() ~ ~~7 1 2 3 4 5 6 7 8 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY OF VIRGINIA BEACH A MEMORANDUM OF AGREEMENT PERTAINING TO THE HAMPTON ROADS REGIONAL WATER SUPPLY PLANNING PROCESS WHEREAS, in the aftermath of the 2001-2003 drought, the 9 Commonwealth of Virginia enacted legislation and regulations 10 mandating the development of local and/or regional water supply 11 plans; and 12 WHEREAS, such legislation and regulations require local 13 governments either to prepare a local water supply plan or to 14 participate with other jurisdictions to develop a regional plan; 15 and 16 WHEREAS, such plans are to be submitted to the Department 17 of Environmental Quality (DEQ) by 2008; and 18 WHEREAS, the Hampton Roads Planning District Commission 19 (HRPDC) has offered to prepare a regional water supply plan in 20 cooperation with the jurisdictions in the region, pursuant to a 21 proposed agreement negotiated by the directors of the area-wide 22 water supply systems; and 23 WHEREAS, program costs will be allocated among the local 24 governments based upon the locality's share of the total number 25 of water connections in the region, with Virginia Beach's share 26 expected to be in the approximate amount of Twenty Eight 27 Thousand Dollars ($28,000); and 28 WHEREAS, water systems in this region are significantly 29 intertwined, and the various localities' Public Utility 30 Departments cooperate on a number of water and wastewater issues 31 that benefit the City, such that it is in the best interests of 32 the City to join with the other local governments in the region 33 to cooperate in developing a regional water supply plan meeting 34 the requirements of the aforesaid legislation and regulations; 35 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 36 OF VIRGINIA BEACH, VIRGINIA: 37 That the City Manager is hereby authorized and directed to 38 execute, on behalf of the City Of Virginia Beach, a Memorandum 39 of Agreement pertaining to the Hampton Roads Regional Water 40 Supply Planning Process, a summary of the material terms of 41 which is hereto attached and a copy of which is on file in the 42 City Clerk's Office. 43 44 Adopted by the Council of the City of Virginia Beach, 45 virginia, on the 12th day of December , 2006. 46 CA-10220 OID/ORDRES/regional water supply MOA res.doc November 28, 2006 R-1 2 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~ c!!JlL~;far/ jiJ? 3 Hampton Roads Regional Water Supply Planning Process Summary of Material Terms Background: Legislation adopted by the General Assembly in 2004 and the Water Control Board's regulations require local governments to develop a water supply plan or to participate in a regional water supply plan. Plans must be approved by the Department of Environmental Quality. Plans must be reviewed at least once every five (5) years and revised at least once every ten (10) years. Parties: Hampton Roads Planning District Commission & all constituent localities. Basic Premise: City agrees to participate in a regional water supply planning process that: . Ensures the long-term availability of a high quality, safe water supply for the citizens of Hampton Roads; and . Enables the localities of the Hampton Roads Region to meet local and regional water supply planning requirements A final draft Regional Water Supply Plan will be completed by August 2008 and submitted to all signatory localities for review and approval. HRPDC Responsibilities: To facilitate a consensus process leading to the development of the Regional Water Supply Plan. Local Government Responsibilities: To participate and provide agreed upon funding to support the Regional Water Supply Planning Process. Cost: . Based on the proportionate share of total regional water connections and be subject to annual appropriations from the participating localities. City cost approximately $28,000. . Financial support from state and federal agencies to be sought Duration and Termination: . Initial term is through December 31, 2011; may be extended by the parties. . Each party may withdraw from the Memorandum of Agreement and develop its own local water supply plan on ten (10) days' written notice. . May be terminated by majority vote at any time. Limitation of Liability: . No liability for damages or penalties caused by or associated with the failure of any other signatories to discharge its' duties under the Agreement; no waiver of any defenses or immunities. . No responsibility for any other locality's compliance with obligations and requirements mandated under any applicable law, regulation, administrative order, contract or agreement. Other Conditions: . Regional Water Supply Plan will not be submitted to the DEQ unless all parties agree to the Plan 2 - 34 - Item v'J.5. RESOLUTIONS/ORDINANCES ITEM # 55919 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution to AUTHORIZE the Department of Emergency Medical Services (EMS) to apply for an upgrade to its agency license from an Emergency Ground Transport Agency to an Emergency Ground Transport and Air Ambulance Agency. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 12, 2006 1 2 3 4 A RESOLUTION TO UPGRADE THE AGENCY LICENSE OF THE DEPARTMENT OF EMERGENCY MEDICAL SERVICES TO AIR AMBULANCE CLASSIFICATION 5 WHEREAS, funding was appropriated by this Council in July 6 of 2006 to cover costs associated with customizing a police 7 helicopter to serve as an air ambulance; and 8 WHEREAS, the Department of Emergency Medical Services' 9 current license limits it to providing only Emergency Ground 10 Transport; and 11 WHEREAS, Virginia EMS Regulations require an ordinance from 12 the local governing jurisdiction to modify the agency license; 13 and 14 WHEREAS, it shall benefit the citizens of Virginia Beach 15 when the Department of EMS can provide Air Ambulance services. 16 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 That the Department of EMS shall make application to modify 19 its agency license to include Air Ambulance operations. 20 Adopted by the Council of the City of Virginia Beach, 21 Virginia, on the 12th day of December , 2006. lli~JAJ ~ Department of Emergency Medical Services APPROVED AS TO LEGAL SUFFICIENCY: ~ice ' APPROVED AS TO CONTENT: - 35 - Item v'J.6a. RESOLUTIONS/ORDINANCES ITEM # 55920 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Commonwealth of Virginia Vegetation Control Permit Program: a. Resolution to A UTHORlZE an Agreement for the delegation of administration to the City of Virginia Beach. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 12, 2006 1 A RESOLUTION APPROVING AN AGREEMENT FOR THE 2 DELEGATION OF ADMINISTRATION OF THE STATE'S 3 VEGETATION CONTROL PERMIT PROGRAM FROM THE 4 COMMONWEALTH TRANSPORTATION COMMISSIONER TO 5 THE CITY OF VIRGINIA BEACH 6 7 8 WHEREAS, Virginia Code Section 33.1-371.1 empowers the 9 Corrunonwealth Transportation Corrunissioner (the "Corrunissioner") to 10 issue vegetation control permits allowing the selective pruning, 11 wi thin highways rights-of-way, of vegetation that obstructs 12 motorists' view of signs displayed on outdoor advertising 13 structures; and 14 WHEREAS, with respect to highways within certain 15 localities, including the City of Virginia Beach, the 16 Corrunissioner is required to delegate the administration of the 17 vegetation control permit program to the locality; and 18 WHEREAS, pursuant to Section 33.1-371.1, an applicant for a 19 vegetation control permit has the right to appeal any adverse 20 decision of a locality to the Corrunissioner within ten (10) days 21 of the date of such decision; and 22 WHEREAS, it is the sense of the City Council that it is 23 appropriate for the administration of the vegetation control 24 program for highways within the City of Virginia Beach to be the 25 responsibility of the City; 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 27 CITY OF VIRGINIA BEACH, VIRGINIA: 28 1. That the City of Virginia Beach hereby accepts the 29 delegation of authority from the Corrunonweal th Transportation 30 Commissioner to administer the vegetation control permit 31 program; and 32 2 . That the City Manager lS hereby authorized and 33 directed to execute, on behalf of the City, the "AGREEMENT 34 BETWEEN THE COMMONWEALTH TRANSPORTATION COMMISSIONER AND THE 35 CITY OF VIRGINIA BEACH, VIRGINIA FOR THE DELEGATION OF 36 ADMINISTRATION OF THE VEGETATION CONTROL PERMIT PROGRAM," a 37 summary of the material terms of which is hereto attached and a 38 copy of which is on file in the City Attorney's Office. 39 40 41 42 Adopted by the City Council of the City of Virginia Beach, 43 Virginia, on the 12th da y 0 f December 44 2006. APPROVED AS TO LEGAL SUFFICIENCY: ~j!l/i1~ City Attorney's Office CA-10225 OID\land use\ordres\vdot delegation agmt res.doc R-1 December 1, 2006 2 Vegetation Control Permit Program Delegation Agreement Summary of Material Terms Background: Virginia Code Section 33.1-371.1 authorizes the Commonwealth Transportation Commissioner (Commissioner) to issue vegetation control permits allowing the selective pruning of trees on highways with the State. In localities such as Virginia Beach, the Commissioner must delegate that authority to the locality with respect to roadways with the territorial limits of the locality. Parties: Commonwealth Transportation Commissioner and City of Virginia Beach. Premise: Commissioner delegates the authority to administer the vegetation control permit program to the City, and City accepts such delegation. Term: Indefinite; parties may terminate by mutual agreement at any time. Plan. AGREEMENT BETWEEN THE COMMONWEALTH TRANSPORTATION COMMISSIONER AND THE CITY OF VIRGINIA BEACH, VIRGINIA FOR THE DELEGATION OF ADMINISTRATION OF THE VEGETATION CONTROL PERMIT PROGRAM THIS AGREEMENT is made this 12th day of December, 2006, between the Commonwealth Transportation Commissioner (the "Commissioner") and the City of Virginia Beach, Virginia (the "City"). WITNESSETH: WHEREAS, Section 33.1-371.1 of the Code of Virginia (the "Virginia Code"), sets forth certain requirements for the Commissioner's implementation of the vegetation control permit program; and WHEREAS, pursuant to Section 33.1-371.1(4) of the Virginia Code, the Commissioner shall delegate the administration of Section 33.1-371.1 of the Virginia Code to a locality where the public right-of-way is within the jurisdictional limits of a city or town on a highway or street not within the jurisdiction of the Commissioner under Section 33.1-353 of the Virginia Code, and the locality shall apply the provisions of the Virginia Code; and WHEREAS, the City has public right of way within its jurisdictional limits that is not within the jurisdictional limits of the Commissioner under Section 33.1-353 of the Virginia Code, and WHEREAS, the Commissioner desires to delegate to the City, and the City desires to assume, the administration and implementation of the vegetation control permit program in accordance with the provisions of Section 33.1-371.1 of the Virginia Code; NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows: 1. This Agreement is entered into by authorized representatives of the parties following approval by the City Council in a public meeting held on December 12, 2006. 2. The Commissioner hereby delegates to the City, and the City hereby accepts from the Commissioner, the administration and implementation of the vegetation control permit program in accordance with the provisions of Section 33.1-371.1 of the Virginia Code. 3. This Agreement may be amended or terminated at any time by the written agreement of the parties. WITNESS the following signatures and seals: COMMONWEAL TH TRANSPORTATION COMMISSIONER David S. Ekern CITY VIRGINIA BEACH: ATTEST: By City Manager City Clerk 2 - 36 - Item v'J.6.b. RESOLUTIONS/ORDINANCES ITEM # 55921 The following registered in OPPOSITON: Jessica 0 'Connor, President - Virginia Beach Beautification Commission, 800 Linkhorn Drive, Phone: 428-3994. $120,000 tax-payer dollars were expended on landscaping this portion of Virginia Beach Boulevard. Anne Herrick, 921 Prince Phillip Drive, Phone: 340-3525, President - Council of Garden Clubs of Virginia Beach (comprised of over 1500 voting members) Tom Ward, 201 78'h Street, Phone: 482-8949, Past President Virginia Beach Beautification Commission and former Chair of the Virginia Beach Color Project. Photographs and an alternative solution were distributed re the Billboard issue. Said information is hereby made a part of the record. Nancy Parker, 600 Goldsboro, Phone: 651-4840,former Member of City Council, Member- Virginia Beach Beautification Commission and Color Project. Six seconds of visibility on an interstate highway with sixty (60) to seventy (70) miles an hour speed limit do not naturally transfer to an urban setting. There are many conflicting opportunities for the driver to ignore the billboards. The Commission wished to promote an option that allows the billboards visibility, as well as preserves the integrity of the City/street landscaping. Attorney Robert G. Jones, former Mayor of the City, 128 South Lynnhaven Road, Phone,' 486-0333, represented the Virginia Beach Beautification Commission and the Virginia Beach Garden Clubs Stephen Living, 3909 Airline Boulevard, Chesapeake, Virginia, Phone; 409-2725, Watchable Wildlife Biologist - Virginia Department of Game and Inland Fisheries, encouraged incorporation of native plants into landscape designs. Richard Williams, 2604 East Kings Road, Phone: 404-0800, life-long resident of Virginia Beach. Based on research, the average age of these trees is only eighteen (J 8) years. We are in a community where the history goes backfour hundred (400) years. Eileen Ryan Seeley, 3737 Lynnfield Drive, Phone: 463-5959, representing the Little Neck Garden Club, presented petitions containingfifty-four (54) signatures from the Little Neck Garden Club members in support of the Council of Garden Clubs of Virginia Beach and the Virginia Beach Beautification Commission The following registered in SUPPORT: Jim Balestino, General Manager - Adams Outdoor Advertising, 5547 East Virginia Beach Boulevard, Norfolk, Phone: 461-1355 Attorney John G. "Chip" Dicks, 823 East Main Street, Suite 1801 Richmond, Virginia 23219, Phone: (804) 225-5507, represented Adams Outdoor Advertising Billy Almond, 242 Mustang Trail Suite 8, Phone: 431-1041, Landscape Architect December 12, 2006 - 37 - Item v'J.6.b. RESOLUTIONS/ORDINANCES ITEM # 55921 (Continued) Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council DENIED: Commonwealth of Virginia Vegetation Control Permit Program: b. Ordinance re the application of ADAMS OUTDOOR ADVERTISING to allow the removal and replacement, with conditions, of certain vegetation on Virginia Beach Boulevard Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 12, 2006 - 38 - Item v'J. 7. RESOLUTIONS/ORDINANCES ITEM # 55922 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AUTHORIZE the City Manager to execute a Deed of Release and Exchange re an Agricultural Lands Preservation Easement (ARP) re a land change of equal area on property owned by Edward L Vaughan and previously approved by City Council. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None December 12. 2006 29 WHEREAS, pursuant to Section 11 of the Agricultural Lands 30 Preservation Ordinance (hereinafter ~Ordinance"), a landowner may 31 petition the City Council for the extinguishment of a Preservation 32 Easement in exchange for the conveyance to the City of a Preservation 33 Easement on a different portion of the landowner's property, under 34 certain conditions set forth in the Ordinance; and 35 WHEREAS, the Ordinance provides that the City Council shall approve 36 such an exchange if it makes certain findings enumerated in the 37 Ordinance; and 38 WHEREAS, the City Council does hereby make such findings, to-wit: 39 (1) the acquisition of the proposed Preservation Easement in lieu of 40 the existing Preservation Easement does not adversely affect the City's 41 interests in accomplishing the purposes of the Ordinance; 42 (2) the proposed Preservation Easement areas meet all of the 43 eligibility requirements set forth in Section 7 of the Ordinance; 44 (3) the land to be encumbered by the proposed Preservation Easement is 45 of at least equal fair market value, is of greater value as permanent 46 open space, and of as nearly as feasible equivalent usefulness and 47 location for use as permanent open-space land as the property on which 48 the existing Preservation Easement is located; and 49 (4) the consideration for the acquisition of the new Preservation 50 Easement consists solely of the extinguishment of the existing 51 Preservation Easement. 2 52 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 53 VIRGINIA BEACH: 54 That subject to the determination of the City Attorney that there 55 are no defects in title to the property to be placed under the 56 Preservation Easement or other restrictions or encumbrances thereon 57 which may, in the opinion of the City Attorney, adversely affect the 58 City's interests, the City Manager be, and hereby is, authorized and 59 directed to execute a Deed of Release and Exchange pursuant to which the 60 City releases the existing Preservation Easement on a portion of the 61 property, as shown on the aforesaid surveys, and acquires, in exchange 62 therefore, land equal In area to be placed under the Preservation 63 Easement, as shown on such surveys. 64 Adopted by the City Council of the City of Virginia Beach, 65 Virginia, on this 12th day of DecemhE'T , 2006. CA-10119 V :lapplicalionslcitylawprodlcycom321 WpdocslD0031POO 110002 1 358.DOC R-1 November 28, 2006 APPROVED AS TO CONTENT: - APPROVED AS TO LEGAL SUFFICIENCY: WaC! ~ IhtuftlW City At orney's Office 3 Q) r-, on : ~ ! ..d I U I >< i ~ : t\S ! ~ i < r o .-0 I o t\S, .~ ~:, .~~-~~~~:=l-' ~ .)/----- Q) 0 ,'" .---- ~ ~! ~ bb' ~ ~: o t\S1 Q) ~ I s ~i Q) I rfJ. I t\S : ~ I I o ' t\S ~ ~ > ,.~" I I I I I I I I I I 1____ 4 Z .. /oc~o~,:;;~;__) i~A - ~ ~ ~ = ~ ...,=-- ..... .- = ~....-....- = / ~ _ ~ ~i =~~$ f'I. ~._ = _ ,.... .- ~ CJ ~~..cO =....-..... = .- ~ < U ~ _ = ~~ =< = > /. ..!t7. g' C< ~ i >_..~ ,i/ ~....... ... /'-......::: / ../ 1o.",Cf:"'" / f .... --, I I I I I I I I .J ., 1iWe-. ... .... . . tW1IWM" " f1Ift jf'lMQI ..' A .IIOMON '.' Q) on ~ ~ U ~ ~ C\j Q) ~ < 5 ro .~ 0 a~ Q) ~J U ~f ~ C\j'. .M':"" . ". . r';i ~! .~ ~}:U:~""".... ~ on- - ~ ___ ., .. . . ~ g ....Id~,,' I..... ...:;.\....-~...:...::,.. ... --.: ~ ~ .lE .....r-.'.:: S...., ~ I:IIS... ~...:~~.~.';.... ~ ..' .:~, .... ~ i:l~!! ::at:i.;\- =#:(ooy 0Cl0i'):U~",~ V3W I'.' ..... JJ1'I .~.>:~:'~': Q) ,:.ii.. ~tO"IR" " 00 .~f ~ 11.1 ~ ~ N f.l! .0\ on Ii ~ =~~I!,g :::s ;~I ~ e ': i.I-,5 ~ II g.~a1'1 '-v ... = ... I > ~ f;I;l <01 f~ ~ t N .InOf 3M,... .~--'-I i Iii I I ~ ~.i; i.! ~ ; I!I! . ~ i! j . I I! ~ .... = ~ e ~ ell =M ~. =tt: . :~ .- ~ ~=tt: .- ~ ell . ~ = ~. ~.... ,. -;-< e' = . .-Q . ~ .- . = ..... .... ~'-"..-' Q. CJ' ~ ~',. . -< ~ ',.. ~. j~~t !'~~I i . lllil . . .wtOI. ~ 1.0' ~~ti IIII b gi 1. THIS PLAT DOES NOT CONSTITUTE A SUBDIVISION OF LAND. 2. THIS PLAT WAS DONE WITHOUT THE BENEFIT OF A TITLE REPORT. 3. MERIDIAN OF THIS PLAT IS BASED ON VIRGINIA STATE PLANE COORDINATE SYSTEM, SOUTH ZONE. NAD 83/86. rl N04 '02'30"[!/ ~ fid~~~:~:~9 TAX i87:33' --, i--'---'- PARCEL LINE I N/F N/F EDWARD L. VAUGHAN EDWARD L. VAUGHAN I WB 74, PC. 1175 WB. 74, PG. 1175 I DB. 42.32, PG. 503 DB. 4232, PC. 503 I GPIN 2401-35-2670 GPIN 2401'-35--4006 I I EASEMENT-:NE~ ./7 -it- -- - HEREBY VACATED~I I ! I III ! I : I II II ; I ! I CURVE ! I i I ; I ,N 3415069.353 I . " E 12203~92.129 .r! ~ I I r'- . Ul I"') zr---o <( r- '" I~l o "" ::JOI"') ~5QI Z -0 >-""'<t Ir'-", I- <(a:iz ~:S:ii o ~I' , M \D V If) . . \D ~( ClZ ~o < i= <( .-: u a.. 1.&.1 u... 01.&.1 ~. U ...J U <('<( 0 <( 1.&.1 X Ul ~1.&.Ir-t- 0 Cl~O~~g ~I.&.I...J~~ . ::::!: 1.&.1 0 I'l ~I.&.I Ull'l OUl <.... ~< 1.&.1 a.. 1.&.1 I I I z o '<t r= 00'> ~ z~ ou t-'" zx"'zo r=www8 (/)1-1-::;;;1"') xzUi::Jco Ww 11::0 ::;;; 1-", W (/)0 (/) ~o <( 0J W --. Cl ~ ....... ~ r-- ~ N ~ 10 to C1Z -S04.02'30'V- 129,60' 100' 50' I 0' , I~ MIf) v ' -\D \D1f) (]\ . \DM I~ I I I L VIRGINIA STATE PLANE COORDINA TE SYSTEM :) ~ ~ SOUTH ZONE NAD 83186 EXISTING EASEMENT EXCEPTION SITE 1 INSTRUMENT NO. 200208303025594 (TO BE RELOCATED) Cl CURVE RADIUS 104.50' TANGENT 27.46' LENGTH 53.70' CHORD 53.11' TABLE DELTA 29'26'34" CHORD BEARING S 10'26'04" E o . LEGEND PIN SET PIN FOUND VAUGHAN ROAD (PROPOSED 50' R/W) EASEMENT LINE HEREBY VACATED ~ Cf. PAVEMENT "BYRD ACT" 100' SCALE 1"=100' REV. 11/21/06 REV. 10/12/06 REV. 10/10/06 I Drown: TRD II Dot., SEPTEMBER 20. 2006 200' I ON EXHIBIT SHOWING PROPOSED RELOCATED EASEMENT EXCEPTION LOT A PROPERTY STANDING IN THE NAME OF EDWARD L. VAUGHAN W.B. 74, PG. 1175 FOR CITY OF VIRGINIA BEACH AGRICULTURAL RESERVE PROGRAM VIRGINIA BEACH, VIRGINIA Pat too H a r r i s R u s t & Ass 0 cia t e s, lOG Engineers. Surveyors. Planners. Londscape Architects. ~ 195 Rosemont Rood, Suite 101 + Virginia Beach, VA 2.3452 T 757.497.7472 F 757.497.0250 115cole: 1"=100' IIChecked: WHB I Prof No. 14144-1-0 P:\PrOject\ 14144\ 1-0\Survey\Work Areo\VAUGHAN-EXHIBIT.dwg 1. THIS PLAT DOES NOT CONSTITUTE A SUBDIVISION OF LAND. 2_ THIS PLAT WAS DONE WITHOUT THEI BENEFIT OF A TITLE REPORT. 3_ MERIDIAN OF THIS PLAT IS BASED bN VIRGINIA STATE PLANE NIA STATE PLANE COORDINATE SYSTEM, SOUTH ZONE,I NAO 83/86. V~g~RDINA TE SYSTEM EXISTING TAX I E:) ~ ~ PARCEL LINE . I I N04.02'30'E rl 187.76' I I i I r1t--- Ii I i I i I ~IM 1'1 ~~ In oJ) ~I~ II i I II ! I : I : I II II N/F EDWARD L. VAUGHAN WB. 74, PG. 1175 DB. 4232, PG. 503 GPIN 2401- 35-4006 EXISTING . I EASEMENT EXCEPTION SITE 2 INSTRUMENT NO. 200208303025594 (TO BE RELOCATED) EASEMENT LINES HEREBY VACATED 3918.85' TO PUNGO RIDGE CT. I -i- I , I~ M In ~ ~ oJ) lO ~ a II ~I ~ <( F= . CI? gfu L;St. i.i:l~lD~o~ o:wl-l-U)e C\zO~liig ~ w --1 ~ tq,,.; O~ we a...W (/)1') oU) <(-- 0:<( W a...w I z o '" f= om 8J z~ I~ ~ ~ ~ ~ i=WwwJ>") ~f-~::;:;g XZ(f)~CO Ww f-o I ~ ~g <C N W VAUGHAN ROAD (PROPOSED 50' R/W) 100' I 50' 0' 100' SCALE 1"= 1 00' REV. 10/12/06 REV. 10/10106 I Drawn: TRD II Dot.: SEPTEMBER 20, 2006 SOUTH ZONE NAD 83/86 N 3415330.064 E 12203312.813 EASEMENT LINES -1 HEREBY VACATED \ \ \ \ \ \ \ \ \ \ N/F EDWARD L. VAUGHAN WB. 74, PG. 1175 DB. 4232, PG. 503 GPIN 2401-35-2670 o LEGEND PIN SET N 3 15256.646 E 12\04005.362 EXHIBIT SHOWING PROPOSED RELOCATED EASEMENT EXCEPTION LOT B ON PROPERlY STANDING IN THE NAME OF EDWARD L. VAUGHAN W_B. 74, PG. 1175 FOR CI1Y .oF VIRGINIA BEACH AGRICULTURAL RESERVE PROGRAM VIRGINIA BEACH, VIRGINIA 200' I Pat ton H a r r i s R u s t & Ass 0 cia t e s, lnc Engineers. Surveyors. Planners. Landscope Architects. PrIM 195 Rosemont Road, Suite 101 + Virginia Beach, VA 23452 T 757.497.7472 F 757.497.0250 IIsoalo: '"=100' II Chocked: WHB II Pro~ No. 14144-1-0 P:\Project\ 14144\ 1-0\Survey\ Work Area \VAUGHAN-EXHIBIT.dwg - 39 - Item v'J.8. RESOLUTIONS/ORDINANCES ITEM # 55923 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to A UTHORlZE the acquisition of property in fee simple, including temporary and permanent easements, at General Booth Boulevard, Elson Green Avenue and UptonDrive/Sandbridge Road for the right-ofway for Princess Anne Road, Phase VII, either by agreement or condemnation Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 12, 2006 1 AN ORDINANCE TO AUTHORIZE ACQUISITION 2 OF PROPERTY IN FEE SIMPLE FOR RIGHT OF 3 WAY FOR PRINCESS ANNE ROAD PHASE VII 4 PROJECT (C.I.P. 2-195) AND THE ACQUISITION 5 OF TEMPORARY AND PERMANENT 6 EASEMENTS, EITHER BY AGREEMENT OR 7 CONDEMNATION 8 9 10 WHEREAS, in the opinion ofthe Council of the City of Virginia Beach, Virginia, a public 11 necessity exists for the construction of this important roadway project to reduce traffic congestion 12 and improve transportation within the City and for other related public purposes for the preservation 13 ofthe safety, health, peace, good order, comfort, convenience, and for the welfare ofthe people in 14 the City of Virginia Beach. 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 1 7 Section 1. That the City Council authorizes the acquisition by purchase or condemnation 18 pursuant to Sections 15.2-1901, et seq., Sections 33.1-89, et seq., and Title 25.1 of the Code of 19 Virginia of 1950, as amended, of all that certain real property in fee simple, including temporary and 20 permanent easements (the "Property"), as shown on the acquisition plats for GPIN 2414-14-1532 and 21 2414-13-7942 and, as affecting said properties, as shown on the plans entitled "PRINCESS ANNE 22 ROAD PHASE VII, CIP NO. 2-195," (the "Project") (plats and plans collectively referred to as the 23 "Plans"), the Plans being on file in the Engineering Division, Department of Public Works, City of 24 Virginia Beach, Virginia. 25 Section 2. That the City Manager is hereby authorized to make or cause to be made on behalf 26 of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners 27 or persons having an interest in said Property. If refused, the City Attorney is hereby authorized to 28 institute proceedings to condemn said Property. 29 Adopted by the Council of the City of Virginia Beach, Virginia, on the _i!tJiday of 30 December , 2006. 31 32 33 CA- 10162 34 PREPARED: 11/28/06 35 APPROVED AS TO CONTENT 36 ~s C. ~~ NATURE ~ REAl f~e DEPARTMENT 37 38 39 40 41 42 43 44 APPROVED AS TO LEGAL SUFFICIENCY AND FORM 45 ;ft&( ()l ~ CITY ATTORNEY , 46 47 48 49 f--- ~ "~~~'<< ~ LV~ v~-",lt~~ ~ ~~{)~~.1'1\~~\ ~f1~Lrftr:. ,,~ 1 ~ D '~~~ ~S~{t>\~ ~ rl ~iJ:_/~\ ~ If ~~D$?\~ l "-,~~-=--~~ ~ ~ O\Q\(7 0/ ~/G'[j c , / ~ ~ G G } '-0/ - j/-~. 6~~~\; ~ I \OJ$' 0 J ~ ~ ~ Y'l 0 eJL t::J 0 0 l Ira ~~~~ ,~;:::~~~-- ~ r ~ ~ [ \ <:> \ > \''1--' ti ~"'% ~r/ /'/ ~ :/'t~"-~ Oi ~~ ~ ; ~'f(} 'rN'/;' " ~ (.), -~U f/! ~li!t~ ~ · ~. \i) flm;;:.... ~ ~;% ~ <;; ~ - ?(if:'1 ~~ ~ ;n ",crt. . I;;> z;) ~ ( - -~TE " r r ",--'J j ~ \-.-__ I r:; f) ~ {j '^- ~,~ f1 G trV-- o - r\ ~ 'I. a v 9 CJ b 0 iJa~~~~ '~ .. <> ~~o d L;;l. II 00 <-' ~ c>\~ ~ r --- ~L~~~'\? Wftli_:I Ql~ CJ ~\ ~ q1-4 ' ") h <> " '1 0 1 [] "1[;1 Yc:\, 00 IlO~r,-~ [S Q, ~~~ ~\,'~ nOD tl D 'CJ~ GPIN -~ f8 <> [b 0 D "; 2414-14-1532 ;l~~\[)~. 0 JL/GR DCJC]I )...) lOG l, D 11l.('L> ~ & J ~ _/ ~ GPIN 2414-13-7942 ~c::>. / .~ .... /:-'$ ~ \ '<...x:. " \. ~ ~ <::? ~ plj C / lie ~- ~ J~o~~ r C) (f;:J~- ~~~ ( Ij. ,iJ -LOCATION MAP ~~s;~~ ~ L-7f PRINCESS ANNE ROAD~. 1tJ. I 1r<:1 E;ll I 01- ~y(1:; s . ~"_<n~' ~ PHASE VII 2';:;~~ ~ ~~~I1" ~ iJt:3 500~ C.I.P. #2-195 t~: .\t::7/ t1 ~~~~ _ _ IV'I <:>\..-.7<,.. .;;- .."". Yo. J:~:J __ II} p_r....l~IGlIt' nlp...,.~~ 'Ill'} riJl~ )r-;- -= ~ ~~ 'j, X:\Projects\ARC Files\Agenda Maps\PrincessAnne Rd Phase VII CIP 2-195\PRINCESS ANNE RD PH VII.MXD 11/31/06 c:===: I .~ o u - 40- Item v'J.9.aIb/ RESOLUTIONS/ORDINANCES ITEM # 55924 The following registered in SUPPORT: Marlry Strother, 2700 Shirley Landing, Phone: 432-0320, long time resident of Virginia Beach. Mr. Strother owns a small farm with horses Susan Niedenthal, 2520 Bellpage, Chesapeake, Phone: 571-9198, involved in the horse industry for approximately fifty (50) years, teaching riders, training and riding horses, managing barns, conducting Summer camp programs, and showing horses Beverly Sizemore, 716 Centerville Turnpike, North, Chesapeake, Phone: 479-1251, employee- Kempsville Veterinary Hospital, Member - Southeastern Association of Trail Riders and owner and border of horses for over twenty (20) years Barry Jackson, Post Office Box 57006,23457, Phone: 620-4917, distributed his statement, which is hereby made a part of the record. Mr. Jackson holds Life memberships with Virginia and Virginia Beach Horse Show Associations (Past President), the United States Equestrian Federation and the United States Hunter Jumper Association Jan Miller, 921 Beaver Dam Road, Chesapeake, Phone:432-8061, President - Tidewater Horse Council, raised, trained and given lessons on horses for more than thirty-five (35) years Jackie K. Roland, 1056 Princess Anne Road, Phone: 721-0415, recently retired 31-year City of Virginia Beach employee and member of the Tidewater Horse Council Dana Miller, 1101 Woodcock Lane, Phone: 285-0293, riding horses since the age of six. Kim Vaughan, Post Office Box 7116, Phone: 536-7688, Trainer/ Show Horses, owner and operator of Kim's Farrier Service involving trimming and shoeing horses. Ms. Vaughan has ridden her horse with the Southeastern Association of Trail Riders and in the Neptune Festival Park Parade the last two years Gene Hansen, 2313 Sandfiddler Road, Phone: 721-6736, President of Virginia Horse Council (umbrella organization for all horse owner organizations in the Commonwealth of Virginia), owner of Horse farm in Pungo, member of the Virginia Horse Industry Board, former Chair of the Legislative Trail Ride and President - Back Bay/Pungo Civic League. The largest single agricultural aspect in Virginia Beach is the horse industry. There are 3,000 horses in Virginia Beach. Nancy Lindsey, 236 Benson Lane, Phone: 717-3290 - General Manager - Old Dominion Carriage Company, member of Carriage Operators of North America, Tidewater Horse Council, and 4-H Red Baron Riders. Ms. Lindsey is also a Volunteer and Rehabilitator with Wildlife Response and Portsmouth Humane Shelter. The bun bags on the horses are emptied each and every time. The maximum load on the Carriage would befour (4) adults and two (2) children. December 12, 2006 - 41 - Item v'J.9.a/b/ RESOLUTIONS/ORDINANCES ITEM # 55924 (Continued) The following registered in OPPOSITION: Jackie Vergerio, 501 Front Street, Norfolk, Phone: 962-8285, Animal and Entertainment specialist- PETA (People for the Ethical Treatment of Animals). Ms. Vergerio displayed photos depicting the Negative face of the horse carriage industry. Jennifer Woods, 3133 Hunters Chase, Phone: 635-0866, advised "this is only a clever way to attract Tourists to the Resort during the slow season ". Jennie Martin, 413 Putnam Road, Phone: 497-7331, requested alternatives be reviewed that do not exploit animals Deborah Edwards, 3836 Croonenbergh, Phone: 404-4407, Virginia Beach resident for twenty-five years. Coleen 0 'Brien, 827 Cannonade, Phone: 721-3482, advised weather conditions can sometimes prove fatal for working horses. Sara Chenoweth, 2314 Sandol/ar Court, Phone: 618-0600. Susan Eaves, 505 Benlea Court, Phone: 858-6543 expressed concern re enough qualified employees of the Old Virginia Carriage Company and accommodations to handicapped visitors Hannah Schein, 127 Hidalgo Drive - Hampton, Phone: 805-2767, read an excerptfrom correspondence to the Virginia Beach City Council by Elizabeth Forel, Director - Coalition to Ban Horse-Drawn Carriages in New York City. Said letter is hereby made a part of the record. Teresa Chagrin, 306 North Street, Portsmouth, Phone: 399-3750 Desiree Achel/a, 1811 Hampton Boulevard, Norfolk, Phone: 630-2257, read correspondence from Sara Whalen, Director - Pets Alive. Said letter is hereby made a part of the record Christy Griffin, 826 Princess Anne Road, Norfolk, Phone: 305-7019 Stephanie Corrigan, 1043 Brandon, Norfolk, Phone: 389-2439. Virginia Beach has so many things to offer. Laura Yanne, 2225 B Beech Street, Phone: (781) 771-2405, expressed concerns re the unpredictability of the animals and the circumstances which could easily affect their behavior. Caleb Wheeldon, 1043 Brandon Avenue, Norfolk, expressed concern re the possibility of neglect and abuse of horses Nicole Barrera, 2857 East Meadow Drive, Chesapeake, Phone: 483-2979, urged other viable, profitable means of entertaining tourists without having to resort to placing animals at risk of injury, abuse and neglect. December 12, 2006 - 42- Item v'J.9.a/b/ RESOLUTIONS/ORDINANCES ITEM # 55924 (Continued) The following registered in OPPOSITION (Continued): Wendy Barrera, 2857 East Meadow Drive, Chesapeake, Phone: 483-2979 Erin Edwards, 1049 Gates Avenue, Phone: 622-5936, Norfolk, read correspondence from Holly Cheever, a world-renowned equine veterinarian, encouraging banning of horse and carriage rides. Said correspondence is hereby made a part of the record. Dr. Alaka Chandra, 1040 Spotswood Avenue, #205 (Norfolk), Phone: 622-2470 Peter Wood, Cruelty Case Worker - PETA, displayed a large photograph of Nickels, a carriage horse, who suffered and died for the entertainment of others Ann Marie Dori, 2143 Pier Pointe Place, Phone: 469-5424, resident of Virginia Beachfor over two (2) years. Yvonne Minor-Harvey, 36012 Burns Court, Phone: 615-9596, resident of 23 years, member of PETA and several animal advocate agencies Patti Tillotso, 749 Maury Avenue, Apartment #1, Norfolk, Phone: 213-8711, stated horses do not have any business in the noisy city amid potentially extereme weather conditions Jaume' Rivell, 1802 Sheringham, Phone: 412-2114, displayed photograph of a horse which collapsed while pulling a carriage. Tim Enstice and two (2) daughters, 1431 Chickadee Lane, Phone: 491-0131, resident of the Redwing neighborhood and frequent visitors to the Oceanfront Heidi Parker, Antictam Court, Phone: 962-8522 Jayne San tell-Fearn, 4406 East Honeygrove Court, Phone: 226-8695 Cal Schiemann, Agricultural Extension Agent of Virginia Tech, advised having a Bachelor of Science in Animal Science from Virginia Tech, a Master's Degree in Animal Science Livestock Management from Oregon State University and two (2) additional years of graduate study of Research and Livestock Genetics. Mr. Schiemann will be a member of the Oversight Committee to inspect the animals involved in this Franchise. Mike Eason, Resort Coordinator - Convention and Visitors Bureau, advised, based on a series of discussions with the SPCA, two (2) additional attachments with the proposed Franchise will be requested for approval: Horse and Carriage Franchise Operating Standard and the Carriage Operators of North America Guidelines and Standards of Operation. Ms. Lindsey's organization is already a member and meets these standards. This information has been incorporated into the contract. December 12,2006 - 43 - Item v'J.9.aIb/ RESOLUTIONS/ORDINANCES ITEM # 55924 (Continued) Council Lady Henley requested a Briefing be provided to City Council during the time this Franchise operates. Upon motion by Councilman Uhrin, seconded by Council Lady Wilson, City Council ADOPTED, AS the Applicant AGREED WITH STAFF, Ordinances to AUTHORIZE the City Manager to issue Franchise Agreements to Old Virginia Carriage Co., LLC,jrom November 15, 2006 to April 15, 2007, re: a. Guided horse tours on the sand beach between Rudee Inlet and 42nd Street b. Horse-drawn carriage rides on the Boardwalk Voting: 9-2 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: Reba S. McClanan and Mayor Meyera E. Oberndorf, Council Members Absent: None December 12, 2006 Requested by Councilmember Diezel 1 2 3 4 5 6 AN ORDINANCE GRANTING A FRANCHISE TO OLD VIRGINIA CARRIAGE CO., LLC TO CONDUCT GUIDED HORSE TOURS ON THE SAND BEACH BETWEEN RUDEE INLET AND 42ND STREET WHEREAS, the City staff has solicited proposals for the 7 operation of guided horse tours on the sand beach between Rudee 8 Inlet and 42nd street between the dates of November 15, 2006 and 9 April 15, 2007 (the initial term) with the possibility of 10 extending the right to operate for up to four (4) additional 11 terms; 12 WHEREAS, the City staff has reviewed all proposals and has 13 made a recommendation to the City Council that a franchise be 14 awarded to Old Virginia Carriage Co., LLC; and 15 WHEREAS, the City Council agrees with the recommendation of 16 the City staff and finds that the award of a franchise to Old 17 Virginia Carriage Co., LLC will promote the public interest and 18 will serve to enhance the festive atmosphere at the oceanfront. 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA: 21 1. That a franchise is hereby granted to Old Virginia 22 Carriage Co., LLC to operate guided horse tours on the sand 23 beach between Rudee Inlet and 42nd Street. 24 2. That the grant of the franchise is subject to the terms 25 of the Franchise Agreement which has been presented to the City 26 Council and the terms of the Invitation to Bid which were 27 disseminated for this proposal. 28 3. That the City Manager or his designee is authorized to 29 executed the Franchise Agreement which lS hereby approved. 30 31 Adopted by the Council of the City of Virginia Beach, 32 Virginia on the ~ day of December , 2006. Approved as to Content Approved as to Legal Sufficiency: ~~ Convention and Visitors Bureau CA10200 v:\applications\citylawprod\cycorn32\Wpdocs\D030\P001\O0022815.DOC November 28, 2006 R-2 2 GUIDED HORSE TOURS Summary of Contract Terms Franchisee: Old Virginia Carriage Co., LLC Nature of Franchise: Guided horseback rides on sand beach between Rudee Inlet and 42nd Street. Term: Initial term is November 15,2006 through April 15, 2007. By agreement of both parties, the Agreement may be extended for up to four (4) additional terms, each running from November 15 to April 15 ofthe next year. Franchise Fee: $2,500 for the initial term. If the Agreement is extended for additional terms, the parties must agree to a new fee and state the fee in a separate writing before November 1 of the year of the new term. Non Exclusive Franchise: The City is authorized to grant other franchises in the subject area. Operational Criteria: The Agreement stipulates operational standards and safeguards such as: . Appropriate training of operators . Walking pace for horses . Limit of nine (9) horses on a tour . City must review and approve an operating plan which recognizes different experience levels of riders . Horses must have appropriate ability, training and demeanor . Helmets required . Bun Bags to be used . Manure collected and disposed . Horses to be rabies free and have negative Coggins certifications . Temporary corral . No unloading on Boardwalk . Equipment to be in good condition . No solicitations on public property . Operator must be employee of Franchisee and operator must be with tour patrons at all times . Employees to wear attire which identifies the tour operation . No advertisement other than the name of the operation and the fee and location of the tour station shall be placed on the property Hold Harmless: Franchise indemnifies and holds harmless the City for loss and liability. Insurance: $2,000,000 combined single limits Termination: City may terminate Agreement for reason of Franchisee's failure to comply with the terms of the Agreement. Requested by Councilmember Diezel 1 2 3 4 AN ORDINANCE GRANTING A FRANCHISE TO OLD VIRGINIA CARRIAGE CO., LLC TO CONDUCT A HORSE CARRIAGE RIDE ON THE BOARDWALK 5 WHEREAS, the City staff has solicited proposals for the 6 operation of horse-drawn carriage rides on the Boardwalk 7 between the dates of November 15, 2006 and April 15, 2007 (the 8 initial term) with the possibility of extending the right to 9 operate for up to four (4) additional termSi 10 WHEREAS, the City staff has reviewed all proposals and 11 has made recommendation to the City Council that a franchise 12 be awarded to Old Virginia Carriage Co., LLCi and, 13 WHEREAS, the City Council agrees with the recommendation 14 of the City staff and finds that the award of a franchise to 15 Old Virginia Carriage Co., LLC will promote the public 16 interest and will serve to enhance the festive atmosphere at 17 the oceanfront. 18 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA: 20 1. That a franchise is hereby granted to Old Virginia 21 Carriage Co., LLC to operate a horse carriage ride operation 22 on the Boardwalk at the oceanfront. 23 2 . That the grant of the franchise is subject to the 24 terms of the Franchise Agreement which has been presented to 25 the City Council and the terms of the Invitation to Bid which 26 were disseminated for this proposal. 1 Adopted by the Council of the City of Virginia Beach, 27 28 29 Virginia, on the 13th day of December , 2006. Approved as to Content: 'uZ Convention & Visitor Bureau Approved as to Legal Sufficiency: CAI0199 V:\applications\citylawprod\cycom32\Wpdocs\D030\P001\00022816.DOC November 28, 2006 R-2 2 HORSE CARRIAGE RIDES Summary of Contract Terms Franchisee: Old Virginia Carriage Co., LLC Nature of Franchise: To conduct horse carriage rides on the Boardwalk. Term: Initial term is November 15,2006 through April15, 2007. By agreement of both parties, the Agreement may be extended for up to four (4) additional terms, each running from November 15 to Apri115 of the next year. Franchise Fee: $1,500 for the initial term. If the Agreement is extended for additional terms, the parties must agree to a new fee and state the fee in a separate writing before November 1 of the year of the new term. Non Exclusive Franchise: The City is authorized to grant other franchises in the subject area. Operational Criteria: The Agreement stipulates operational standards and safeguards such as: . Appropriate training of operators . Good condition of equipment . Walking pace for horses . Limit of two (2) carriages on Boardwalk at any time . Rubber shoes on horses . Safety equipment . Bun Bags on horses . Horses to be rabies free and have negative Coggins certifications . Temporary corral . No unloading from trailers on Boardwalk . Operator must be employee of Franchisee and be present with patrons at all times . Employees to wear attire which identifies the tour operation . No advertisement other than the name of the operation and the fee and location of the tour station shall be placed on the property Hold Harmless: Franchisee indemnifies and holds harmless the City for loss and liability. Insurance: $2,000,000 combined single limits Termination: City may terminate Agreement for reason of Franchisee's failure to comply with the terms of the Agreement. Carriage Operators of North America Page 1 of6 Appendix A CARRIAGE OPERATORS OF NORTH AMERICA GUIDELINES AND STANDARDS OF OPERATION Adopted March 1, 1991 Revised February 26,2003 Carriage Operators of North America maintains that facilities, businesses and individuals striving to follow these Guidelines and Standards will promote a safer and more humane environment for horse-drawn carriage activities. By establishing these Guidelines and Standards, CONA does not mean to suggest that these are the only ways in which to promote safety. Nor does CONA suggest or infer that those who do not follow these Guidelines and Standards engage in unsafe practices. In addition, CONA makes no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the information contained in these Guidelines and Standards. CONA cannot guarantee that adherence to these Guidelines and Standards will guarantee no accidents, injuries, or litigation. These Guidelines and Standards are intended to assist businesses and/or individuals in developing an individualized program designed to promote safety and humane treatment of carriage animals. I. Definitions II. Horse and Carriage Company Owners III. Equipment IV. Carriage Stands, Client Pick Up Locations, and Staging Areas V. Care and Shelter of Horses VI. Harness VII. Weather Conditions VIII. Feeding IX. Stables and Stalls X. Horse Drawn Carriage Driver Qualifications XI. Conduct of Drivers Preface It is well known that horse drawn operations attract both tourists and residents of any city in which they work. They are highly visible, image oriented businesses that help cities and towns promote a good image. Because of this high visibility, carriage operations are constantly under scrutiny and this scrutiny soon becomes legislation. CONA, an organization that promotes the safe use of horses and horse drawn vehicles on the streets of America, has developed these Guidelines and Standards of Operation with the welfare and safety of the horse, the passengers, the operators and the general public in mind. They have also been developed to allow the carriage operator enough latitude to run a quality operation of which the city or town where the operator works can be proud. I. Definitions: The following terms shall have the following meanings: 1. "Carriage", means any device in or upon which any person is or may be transported or drawn, designed to be or capable of being drawn by a file://X:\Resort ManaQement\Resort Admin\Horse Carriage Operators of North America.... 11/28/2006 Carriage Operators of North America Page 2 of6 horse or horses. 2. "Horse", means any animal of the genus equus. 3. "Person", means an individual, partnership, corporation, association or other legal entity. 4. "Stable", means any place, establishment or facility where one or more horses are housed and maintained. 5. "Veterinarian", means a person licensed to practice veterinary medicine. 6. "Work". A horse is considered working when it is out of the stable and at its carriage stand, place where it regularly picks up passengers or place of hire. Work ends when the horse leaves its stand or place of hire to go to the stable. 7. "New driver", is a person that, prior to hire, has never been licensed for or driven for a commercial horse drawn carriage company. II. Horse and Carriage Company Owners A. Each carriage company should have written permission, permits, or a business license as required for the area in which it works. B. Owners should have prior experience and qualifications, which enable them to properly and humanely operate a horse drawn carriage business. C. Each carriage company should carry liability insurance, whether or not required by local or state ordinance. D. Each carriage company should maintain an emergency procedure and protocol package including the telephone number where the owner or manager may be contacted in case of an emergency. III. Equipment Each vehicle should be equipped with electric turn signals or emergency flashing lights, taillights and front lights which are visible for a distance of 500 feet. (Variance allowed if an automobile with emergency flashers follows the carriage and if appropriate, leads the carriage. ) A. No company should use a carriage not equipped with brakes. (Variance allowed for vintage carriages using appropriate harness.) B. Each carriage should be equipped with a slow moving vehicle emblem to be attached to the rear of the vehicle whenever there is a reasonable possibility that the vehicle could encounter automotive traffic on roadways. C. Carriages should be properly lubricated and wheels should spin freely. D. Carriages used on public property should be equipped with a device to catch horse manure and prevent it from falling on the pavement. Missed droppings should be cleaned up at the end of each shift. E. Each carriage should be maintained in a reasonably safe and sanitary condition. F. No horse drawn carriage should carry more passengers than it was originally designed to carry. G. No one other than the driver, a company employee, or apprentice should sit in the driver's seat. H. Each company should conduct regular safety inspections of its vehicles. I. No vehicle should be allowed into service that has lights, brakes or file:/IX:\Resort Management\Resort Admin\Horse Carriage Operators of North America.... 11/28/2006 Carriage Operators of North America Page 3 of6 other safety features that are inoperable. If lights become faulty during use, a car with emergency flashers on should follow and, if appropriate, lead the carriage until it can be safely removed from traffic. J. Carriages should be equipped with fifth wheel or cut under turning mechanisms on the front axle. (Variance allowed for vintage carriages. ) K. Each company is encouraged to use reflective material wherever appropriate on carriages, harness and horse. L. Radio equipped carriages are encouraged. Cell phone equipped carriages should keep incoming call rings low. IV. Carriage Stands, Client Pick Up Locations, and Staging Areas Carriage companies should keep carriage stands/usage areas reasonably clean and free of manure and urine at all times. Urine should be diluted with water or water with disinfectant as it occurs. A. Water for the horses should be maintained in full view at all times if the horse will be working from that location for more than l-~ hours. B. Stand signage should include rates and hours of operation. Equine Activity Liability Act warning signs should be posted as may be required under applicable state law. C. Stands should be limited to parking only horse drawn vehicles to prohibit other vehicles from parking there. D. Stand site should be reasonably safe, have good footing, lighting and space for horses, carriages, and the public, preferably free of automotive traffic. V. Care and Shelter of Horses No horse should be used to draw a carriage unless the animal is in good health and the following standards are met: 1. The horse should not have open sores or wounds, nor should such horse be noticeably lame or have any other ailments, unless the driver has in the driver's possession a written statement by a veterinarian that the horse is fit for such work, notwithstanding such condition. 2. The hooves of the horse while working on pavement, brick, concrete or other like hard surfaces should be properly shod utilizing rubber or elastomer shoes or pads to prevent concussion injuries. Borium tip shoes can be utilized to help prevent slipping. Metal shoes can be used on the rear legs of the horse, if the horse's hooves will not accommodate the use of rubber pads there. 3. The horse should be properly and appropriately groomed. 4. The horse should have adequate flesh and tone. 5. Horses should be kept in a working condition. F. Every horse in use by a horse drawn carriage company should have a certificate of serviceability for specified carriage work, signed by the examining veterinarian on an annual basis. G. Horses should be de-wormed regularly. H. Horses should be vaccinated under the direction of a veterinarian for appropriate file://X:\Resort ManaQement\Resort Admin\Horse Carriage Operators of North America.... 11/2812006 Carriage Operators of North America Page 4 of6 diseases and risk factors of the area. I. Horses used to pull carriages should have water made available to them during their work period if their work period is in excess of 1 'l2 hours. J. Horses should not work more than eight consecutive hours, or ten hours with a 1 'l2 hour break, disconnected from the carriage, in a 24-hour period. K. Horses should not work more than six days in a seven-day period. L. Horses should not be worked with equipment causing an impairment of vision, other than normal blinders. M. Horses drawing a carriage should not be worked at a speed faster than a slow trot N. Horses should not be subject to any cruel or harassing treatment. O. Carriage horses should not be sold or disposed of except in a humane manner. VI. Harness Horses should not be worked with harness or bits that are not safe and humane. A. The harness should be oiled and cleaned so as to be appropriately in reasonable condition. B. Harness, bridles, bits and padding should be properly fitted and kept in reasonably clean and good repair. C. The harness should be kept reasonably free of makeshifts like wire, rope, and rusty chain. VII. Weather Conditions Owners and drivers should use caution when working horses in adverse weather conditions such as snow, ice, heavy rain, and other slippery or reduced visibility situations. A. Companies and drivers should work horses only when reasonably safe weather conditions exist. When the sum ofthe Fahrenheit temperature and the humidity is equal to 150, caution should be used. At a total of 180, care steps should be taken for the prevention of heat stress. B. Companies and drivers should work horses only when reasonably safe weather conditions exist. Special attention and discretion should be used during periods of high humidity, extreme cold and wind chill. Proper shoes should be used during icy conditions. C. Horses should be properly acclimated to the weather environment they will be working in, including special shoeing for conditions known to be icy. VIII. Feeding Horses should receive adequate and substantial feed daily, which is free from contamination. The feed should be sufficient quantity, nutritive value, and frequency to meet normal daily requirements for the condition, special needs, environmental factors and size of the animal so as to maintain a healthy flesh. A. Clean drinking water should be available to an off duty horse at all times. B. Off duty horses should have access to salt in block or loose form. IX. Stables and Stalls Stables used for housing horses should be well lighted and ventilated and provide protection from the weather. Stables should be kept clean and in good repair and manure should be removed daily. Any enclosure where horses are kept should be graded and raked to keep the surface file://X:\Resort Mana2:ement\Resort Admin\Horse Carriage Operators of North America.... 11/28/2006 Carriage Operators of North America Page 5 of6 reasonably dry. A. Foot hazards and sharp surfaces should not be permitted in any area or building where they may come in contact with the animals. B. Roofs should be kept free of leaks that drain into areas where animals are kept. C. Box stalls should be large enough for the horse to lie down and turn around. D. Tie stalls should be a minimum width and length to allow the horse to safely lie down. E. Horses that are not worked at least every other day or not turned out daily should not be kept in tie stalls. F. Stalling spaces should be bedded or have a specialized surface as to keep animals cl~ dry and free of concussion, abrasion or pressure points. G. A pest control program should be used to control flies and other insects. H. Feed should be kept free of contamination. I. Interior and exterior areas of the stable should be kept reasonably clean, properly drained and free of nuisances including, but not limited to unreasonable and excessive odors and unreasonable accumulation of refuse and excrement. 1. There should be no smoking at any time in stables. K. Cities and other municipalities should make every effort to allow stables within a walking distance of carriage stands for the health and well being of the horse. L. Equine Activity Liability Act warning signs should be posted in stables where applicable under state law. X. Horse Drawn Carriage Driver Qualifications Each driver should have a valid motor vehicle driver license and social security card or work visa. A. Each driver should be at least 18 years of age. B. Each driver should be free of alcohol and drug addiction. C. Each driver should demonstrate his or her ability to drive, inspect and care for the horse and equipment. D. Carriage company owners and managers should have a practical exam to give to drivers which they should successfully complete. The driver should demonstrate proficiency in grooming the horse, cleaning the harness and padding, fitting the bridle, bit and harness to the horse, hitching the horse to the carriage and driving the carriage upon the city streets in a safe and humane fashion. E. New drivers should be required to complete a thorough driver training program, administered by the company or another qualified professional, and to serve as an apprentice. New drivers should be required to ride with a seasoned driver for at least 24 hours to observe the proper handling and driving of a horse drawn carriage and the methods of handling emergency situations or unexpected animal behavior. The new driver should drive a carriage under supervision of a seasoned driver for at least 16 hours of apprenticeship. XI. Conduct of Drivers Each driver should have his or her valid state issued driver's license in his or her possession while operating a carriage. A. The driver should obey all traffic laws and regulations of the city and state. B. Drivers should not operate a carriage while under the influence of alcohol or narcotic file:/IX:\Resort Mana2:ement\Resort Admin\Horse Carria2:e Onerators of North America.... 11/28/2006 Carriage Operators of North America Page 60f6 drugs. C. No person should drink alcohol while such person is operating a horse drawn vehicle. D. For optimum safety and control of the horse and carriage, drivers should be prohibited from smoking, eating or wearing of headphones while the carriage is in motion. E. Drivers of each carriage during travel :from sunset until sunrise, and at all other times as conditions of poor visibility exist, should cause the :front and tail lights of the carriage to be in operation. F. Drivers should not permit the speed at which any horse drawn carriage is driven to exceed a slow trot. G. No driver should abandon his carriage, permit another to drive for him or her, except an apprentice, or permit any passenger to ride on the driver's seat. H. Drivers should not permit more passengers in a carriage than it has been designed for. I. No passenger should be permitted to stand or ride on any part of the carriage while in motion, except seated inside the carriage. Drivers should take all necessary precautions to prohibit such activity. All passengers should be seated except when loading or unloading. J. Drivers should at all times be responsible for the proper and humane care and treatment of the horse under his or her direct supervision and control. K. Drivers should at all times be dressed neatly and cleanly, with an appropriate costume or uniform preferred. L. Drivers should be in the driver's seat and have driving lines in hand, and foot firmly on the brake before loading or unloading passengers. M. No one should unbridle a horse while the horse is connected to any horse drawn vehicle. N. Drivers should regularly offer water to working horses. file://X:\Resort ManaQement\Resort Admin\Horse Carriage Operators of North America.... 11/2812006 Horse and Carriage Franchise Operating Standards The following operating standards are hereby a part of the Franchise Agreement for Guided Horse Riding Tours on the Beach and the Franchise Agreement for Horse Carriage Rides on the Boardwalk. 1. All operators, drivers, stable hands, veterinarians and others who are employed by the franchisee, shall sign a statement indicating that they have never been convicted of animal neglect or cruelty. 2. The franchisee's veterinarian will certify the fitness of all horses. Such cetification will be filed with the city at least semi annual basis, filing that certificate with the City so that it will be a part of a public record. 3. All complaints of any nature, along with all veterinary records, will be available for public review. 4. A committee comprised of representatives of the Virginia Beach Animal Control Bureau, Virginia Beach Police Department Mounted Patrol, Department of Agriculture and Resort Management Office will conduct random inspections of the operation, health of the animals and boarding conditions for compliance with these Operating Standards and standards outlined in the franchise agreement. 5. A waste management plan for the Bike Path, Boardwalk and Beach will be filed by the franchisee as part of the agreement 6. Horses used for guided tours will not be used for carriage rides tour, or vice versa, during a 24 hour period. 7. All complaints of potential animal health or animal cruelty issues will be forwarded to the Resort Management Office for investigation by the inspection committee comprised of representatives from Animal Control, Dept of Agriculture, Police and the Resort Management Office. Depending on the severity of the complaint, a veterinarian report may be required at the franchisee expense. A written response to the complaint will be made within 14 days. - 44- Item V,J.I0 aIb/ RESOLUTIONS/ORDINANCES ITEM # 55925 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinances to TRANSFER: a. $421,810from the Lynnhaven XI project to the Buckner Boulevard Extended project and AUTHORIZE the City Manager to execute a Cost Participation Agreement with Baymark Construction Corporation, Colonial Self Storage and Public Storage re the extension of Buckner Boulevard. b. $350,000 from Reserve for Contingencies to the Department of Economic Development's FY 2006-07 operating budget re continued operating costs for the Tournament Players Club (TPC) GolfVourse through March 31,2007. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 12, 2006 1 AN ORDINANCE TO TRANSFER $421,810 TO CIP #2- 2 073, BUCKNER BOULEVARD EXTENDED, TO FUND THE 3 CITY'S PORTION OF A COST-PARTICIPATION 4 AGREEMENT AND AUTHORIZE THE CITY MANAGER TO 5 EXECUTE THE AGREEMENT FOR THE EXTENSION OF 6 BUCKNER BOULEVARD 7 8 9 WHEREAS, the City is seeking to enter into an agreement 10 with Baymark Construction Corporation, Colonial Self Storage, and 11 Public Storage for constructing the extension of Buckner Boulevard 12 to connect with Shipps Corner Road, with the City to pay its 13 proportionate share; and 14 WHEREAS, an additional $421,810 is needed to fully fund 15 the City's portion of the project costs. 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 17 OF VIRGINIA BEACH, VIRGINIA: 18 (1) That $421,810 from CIP #2-167, Lynnhaven Parkway- 19 Phase XI, is hereby transferred to CIP #2-073, Buckner Boulevard 20 Extended, to fund the City's portion of a cost-participation 21 agreement. 22 (2) That the City Manager is hereby authorized to 23 execute a cost-participation agreement for the extension of Buckner 24 Boulevard in form and substance acceptable to the City Manager and 25 the City Attorney. 26 Adopted by the Council of the City of Virginia Beach, 27 Virginia, on the 12th day of December , 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: , /~ t K~fM. City Attorney's 0 ice CA10221 V;\applications\citylawprod\cycom32\Wpdocs\D028\P001\O0023953.DOC R-2 November 29, 2006 "0 g o w o 1m o..~ <(w ~ 0 C") Z a:: J'... o ~~ ~ L: W =I:t: ~ r:: ~ 0.. <( ::>- (Jou om .-Ja:: W z ~ u ::> m .... 0) c: ~ U :J CD - <J) 0- ro ~ ro "0 c: 0) $ <J) J!1 u: ~ 0) .~ 9" X L() ci co ~ o ~ ..- z+oo ~ :J ro ~ :J CD <J) ~ .~ 0) C/) -e o 0- 0- :J C/) ci> c: !!! ci> c: w ~ a.: ~ "0 0) .... ro 0- 0) .... 0... 1 2 3 4 5 6 7 8 AN ORDINANCE TO TRANSFER $350,000 FROM RESERVE FOR CONTINGENCIES TO THE DEPARTMENT OF ECONOMIC DEVELOPMENT'S FY 2006-07 OPERATING BUDGET FOR OPERATING COSTS ASSOCIATED WITH THE TPC GOLF COURSE WHEREAS, the Tournament Players Club of Virginia Beach, 9 L. L. C. ("TPC L. L. C.") has a contractual obligation to operate 10 the TPC course through December 29, 2006; and 11 WHEREAS, arrangements for the future operation of the 12 course beyond December 29, 2006 have not been finalized; and 13 WHEREAS, after December 29, 2006, the course will be owned 14 by the Virginia Beach Development Authority ("VBDA"); and 15 WHEREAS, TPC L. L. C. has agreed to continue operations of 16 the course through March 31, 2007, subject to certain 17 contractual payments from the VBDA. 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA: 20 1. That the City Council hereby requests the VBDA to 21 extend the management agreement between TPC L.L.C. and the VBDA 22 for the operation of the TPC course through March 31, 2007, 23 consistent with the summary of terms attached hereto. 24 2. That $350,000 is hereby transferred from Reserve for 25 Contingencies to the Department of Economic Development's FY 26 2006-07 Operating Budget for costs associated with the Virginia 27 Beach Development Authority's agreement with TPC for the 28 continued operation of the TPC golf course through March 31, 29 2007. 30 Adopted by the Council of the City of Virginia Beach, 31 Virginia on the 12th day of Decemhpr , 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I . '- ) a if)'l( E'. I( ~~l iA~,- _ City Attorney'sJOffice CA10229 V:\applications\citylawprod\cycom32\Wpdocs\D006\P001\OO024566.DOC R-4 December 7, 2006 TPC INTERIM MANAGEMENT AGREEMENT SUMMARY OF TERMS Commencement date: December 29, 2006. Initial Term: December 29,2006 to March 31, 2007. Renewal Term: One (1) thirty (30) day renewal at the option of the VBDA Manaaement Fee: None. Standards: Facility will be operated and maintained as a Tournament Players Club. Expense of operation: To be borne by VBDA/City of Virginia Beach, including a license fee to be payable to PGA TOUR, Inc. in the amount of $1 O,OOO/month. Total expenses for the term of this agreement will not exceed $350,000. Revenue: Payable to VBDA/City of Virginia Beach, except for revenues from sale of exempt property as defined in the Lease Termination Agreement, which revenues shall belong to operator. - 45- Item V,J.ll RESOLUTIONS/ORDINANCES ITEM # 55926 ADD-ON Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution to suspend increases in health insurance premiums for Retirees. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None December 12, 2006 SECOND REVISED VERSION Requested by Councilmember Harry Diezel A RESOLUTION TO SUSPEND INCREASES IN HEALTH INSURANCE PREMIUMS FOR RETIREES 1 WHEREAS, In 1992, City Council~ adopted a resolution 2 authorizing City staff to provide health care coverage to 3 certain retirees with the same coverage as that provided to City 4 employees; and 5 WHEREAS, City Council has been made aware of a proposal to 6 increase the premiums paid by retirees for such coverage, 7 effective January 1, 2007; and 8 WHEREAS, City Council believes that it should specifically 9 authorize any difference in health care benefits and premiums for 10 retireesi and 11 WHEREAS, on October 24, 2006, City Council created the 12 Employee Benefits Task Force (the "Tas k Force") to make 13 recommendations to City Council regarding retiree benefits; and 14 WHEREAS, the ordinance provided that the Task Force shall 15 provide a report to City Council no later than February 1, 2007; 16 and 17 WHEREAS, an analysis of that report would aid City Council 18 In determining whether premium increases are appropriate; 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA: 21 1. That the planed increase In retiree health insurance 22 premiums shall be suspended until July 1, 2007 or until such 23 time as Council directs by subsequent ordinance or resolution. 24 Until that time, health care premiums paid by City retirees 25 shall remain at the 2006 rates. 26 2. That $217,000 lS hereby transferred from the reserve 27 for contingencies-salary to the health lnsurance fund. 28 Adopted by the Council of the City of Virginia Beach, 29 Virginia on the 12th day of December , 2006. Approved as to Legal Sufficiency: ~~btLc~ r City Attorney's Office CA10231 v:\applications\citylawprod\cycom32\WpdocS\D019\P001\ December 12, 2006 R4 - 46- Item V-K. PLANNING ITEM # 55927 1. EDWARD A., JR. and KATHLEEN T. KRUPIEL 2. CINGULAR WIRELESS 3. DISCIPLESHIP TABERNACLE 4. BECO DEVELOPMENT, L.L.C. 5. OCEAN PROPERTIES, L.L.C. 6. DEEP BLUE MARINE, L.L.C. VARIANCE CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING MODIFICATION OF CONDITIONS Re Conditional Use Permit (approved: 10/25/2005) December 12, 2006 - 47- Item V-K. PLANNING ITEM # 55928 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Items 2 (DEFERRED), 3, and 6 of the PLANNING BY CONSENT AGENDA. Item 2 was DEFERRED BY CONSENT, until the City Council Session of January 9, 2007. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 12, 2006 - 48- Item V-K.1. PLANNING ITEM # 55929 Attorney James Lam, 2425 George Mason Drive, Suite 209, Courthouse Commons Building 7, Phone: 427-3348, represented the applicants and requested the application be referred back to the Planning Commission. Attorney Lam advised he was unable to represent the Kurpiel 's, as he was in Circuit Court during the last Planning Commission Hearing of this application. The applicant will pay for the readvertisement. Upon motion by Council Lady Henley, seconded by Council Lady Wilson, City Council REFERRED BACK TO THE PLANNING COMMISSION application of EDWARD A., JR. and KATHLEEN T. KURPIELfor a Variance to $ 4.4(b) of the Subdivision Ordinance at 2184 Princess Anne Road re subdividing an existing lot into two lots. Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Edward A. Kurpiel, Jr. and Kathleen T Kurpiel. Property is located at 2184 Princess Anne Road (GPIN 2414059787). DISTRICT 7 - PRINCESS ANNE Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None December 12, 2006 - 49- Item V-K.2. PLANNING ITEM # 55930 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED until the City Council Session of January 9, 2007, Ordinance upon application of CINGULAR WIRELESS for a Conditional Use Permit re a communications tower. ORDINANCE UPON APPLICATION OF CINGULAR WIRELESS FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATIONS TOWER Ordinance upon application of Cingular Wireless for a Conditional Use Permit for a communications tower on property located at 5638 Baccalaureate Drive (GPIN 1468230888). DISTRICT 2 - KEMPSVILLE Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 12,2006 - 50- Item V-K.3. PLANNING ITEM # 55931 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of DISCIPLESHIP TABERNACLE for a Conditional Use Permit re a church: ORDINANCE UPON APPLICATION OF DISCIPLESHIP TABERNACLE FOR A CONDITIONAL USE PERMIT FOR A CHURCH R0120634198 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Discipleship Tabernacle for a Conditional Use Permit for a church on property located at 3540 Holland Road (GPIN 1486741011). DISTRICT 3 -ROSE HALL The following conditions shall be required: 1. No signagefor the church adjacent to any public right-of-way shall be allowed 2. All necessary alteration permits and a Certificate of Occupancy for the change of use from the Department of Planning/Permits and Inspections Division shall be obtained before occupancy and use of the buildingfor a church This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of December Two Thousand Six Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoif, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 12, 2006 - 51 - Item V-K.4. PLANNING ITEM # 55932 Attorney R. E. Bourdon, Pembroke Office Park - Building One, 281 Independence Boulevard, Fifth Floor, Phone: 499-8971, represented the applicant and advised the following BECO Development representatives were in attendance: Eric G. Olson, Managing Member, Jeff Miller - Director of Development and Lynn Rhodes, Director - Asset Management and Manager of the proposed Project. The proposal is for high quality, moderately priced senior housing on this 4-acre site, known as College Square Senior Apartments. The application will consist of two (2) residential buildings of 4-stories), as well as a club house and swimming pool. The total number of units will be one hundred forty-four (144), seventy-two (72) of which will be one-bedroom units, each comprising 772 square feet, the other seventy-two (72) units will contain approximately 1,161 squarefeet. Attorney Bourdon distributed sketches of various floor plans and a phamplet concerning Alexander Heights, a BECO Development in Fredericksburg. Said information is hereby made a part of the record. Information relative a similar application of RH Builders for Senior Housing in the Bayside District (this facility was a larger 5-story building). Robert Scott, Director of Planning, advised the staff was concerned re the mass and size of the building. There are single-family dwellings to the south across Providence Road that will face the "mass" of the building. This application will benefit through additional work concerning the design to fit better with the surroundings. Upon motion by Councilman Dyer, seconded by Councilman Villanueva, City Council DEFERRED until the City Council Session of January 23, 2007, Ordinances upon application of BECO EVELOPMENT, L.L. C. for a Conditional Change of Zoning and Conditional Use Permit: ORDINANCE UPON APPLICATION OF BECO DEVELOPMENT, 1.1. C. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO CONDITIONAL A-36 Ordinance upon application of Beco Development, L.L. C. for a Change of Zoning District Classification from B-2 Community Business District to Conditional A-36 Apartment District on property located at 6226 Providence Road (GPIN 1456335185). DISTRICT 1- CENTERVILLE AND, ORDINANCE UPON APPLICATION OF BECO DEVELOPMENT, L.L.C. FOR A CONDITIONAL USE PERMIT FOR SENIOR HOUSING Ordinance upon application of Beco Development, 1.1. C. for a Conditional Use Permit for senior housing on property located at 6226 Providence Road (GPIN 1456335185). DISTRICT 1- CENTERVILLE This deferral will enable the applicant to address the concerns of staff. December 12, 2006 - 52 - Item V-K.4. PLANNING ITEM # 55932 (Continued) Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 12, 2006 - 53 - Item V-.K.5 PLANNING ITEM # 55933 Attorney R. E. Bourdon, Pembroke Office Park - Building One, 281 Independence Boulevard, Fifth Floor, Phone: 499-8971, represented the applicant, distributed correspondence from the Alexandria Civic League in support of the application. Said letter is hereby made a part of the record. A traffic Impact study has been completed and submitted to the staff. Issues involving the length of the turn lanes into the facility and signalization will be addressed during site plan review. Councilman Villanueva referenced that of the twelve (12) Virginia Department of Transportation projects, only three (3) will be funded This particular Lynnhaven Parkway segment has been further delayed. This application needs to be reviewed with the total transportation system. Phillip Davenport, Interim Public Works Director, advised two (2) phases of Lynnhaven Parkway are close to this project: one phase immediately adjacent, running back to Volvo Parkway at the Chesapeake City Line, is under construction and scheduled for completion in May 2007; Lynnhaven Parkway Phase XI, on the other side of Centerville Turnpike, has $4-Million in funding, and the balance of the funding is beyond the 6-year program of the VDOT schedule. Centerville Turnpike (2-lane) is an unfunded project still identified as a City project and is in the "requested but not funded" lists of projects. Centerville Turnpike, in this area, operates at approximately a service level "C". Traffic moves fairly smoothly and even with this project, with the addition of approximately 5,500 vehicles per day, with traffic signalization, there will probably be no impact on the level of service. Upon motion by Councilman Dyer, seconded by Councilman Villanueva, City Council ADOPTED an Ordinance upon application of OCEAN PROPERTIES, L.L.C.for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF OCEAN PROPERTIES, L.L.c. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO CONDITIONAL B-4 Z012061271 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Ocean Properties, L.L. C. for a Change of Zoning District Classification from B-2 Community Business District to Conditional B-4 Mixed Use District on property located at the northwest intersection of Centerville Turnpike and Lynnhaven Parkway (GPINs 1454980202; 1454983391). DISTRICT 1- CENTERVILLE The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. December 12, 2006 - 54 - Item V-K.5 PLANNING ITEM # 55933 (Continued) This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of December Two Thousand Six Voting: 10-1 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: None December 12, 2006 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6539 DATE: November 30,2006 FROM: Leslie L. Lilley "'- C\~~.y B. Kay Wilso~ DEPT: City Attorney DEPT: City Attorney TO: RE: Conditional Zoning Application: Ocean Properties The above-referenced conditional zoning application is scheduled to be heard by the ~ City Council on December 12, 2006. I have reviewed the subject proffer agreement, dated June 28,2006 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/als Enclosure cc: Kathleen Hassen -~ PREPARED BY: ~m SYn:s. ROURDON. ~~ 4HfRN &. 1M. F.e. OCEAN PROPERTIES, L.L.C., a Virginia limited liability company LILLEL FARMS, INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CI1Y OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 28th day of June, 2006, by and between OCEAN PROPERTIES L.L.C., a Virginia limited liability company, Grantor, party of the first part; LILLEL FARMS, INC., a Virginia corporation, Grantor, party of the second part; and THE CI1Y OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the third part. WITNESSETH: WHEREAS, the party of the second part is the owner of that certain parcel of property located in the Centerville District of the City of Virginia Beach, containing approximately 13.33 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the party of the first part, being the contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from B-2 Community Business District to Conditional B-4 Mixed Use District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 1454-98-0202 1454-98-3391 1 WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantors' proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "Conceptual Site Layout Plan of The Cascades at Woods Corner Centerville Tnpk.jLynnhaven Pkwy. Virginia Beach, VA", dated 5/31/06, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Concept Plan"). 2. When the mixed use buildings and residential buildings depicted on the Concept Plan are developed, they will be in substantial compliance with the Mixed Use PREPARED BY: Development Guidelines contained in the Grantee's Comprehensive Land Use Plan and the ~ SYKfS. t}ommON. exterior of the buildings shall be substantially similar in architectural features, details and 61 MlIRN &. uvy, P.c. appearance to the exhibits entitled, (1) "SIGNATURE BUILDING RENDERING", (2) 2 "SIGNATURE BUILDING ELEVATIONS", (3) "RESIDENTIAL BUILDING ELEVATIONS", (4) "MIXED USE BUILDING ELEVATIONS", and (5) "RESIDENTIAL LOFT BLDG. ELEVATIONS", "THE CASCADES AT WOODS CORNER, A Mixed Use Village for Virginia Beach", prepared by RDA, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Cascades Renderings") . 3. Further conditions may be required by the Grantee during detailed Site Plan and/ or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the B-2 and B-4 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be PREPARED BY: vested with all necessary authority, on behalf of the governing body of the City of Virginia SY1CJ;S, IlOURDON. Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, . - Al-JERN &. lEVY. P.c. including the authority (a) to order, in writing, that any noncompliance with such 3 PREPARED BY: ~m syn:s. ROURDON. rw- -tHrnN & lM. P.C conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 4 PREPARED BY: ~.m SYKfS. ROURDON. m~ "-YfRN &. n:vy. P.C WITNESS the following signature and seal: GRANTOR: Ocean Properties, L.L.C., a Virginia limited liability company n . By: vCt\.uJ. () ~/v^.0-~ David Terry, Mana~ng Member (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 3rd day of July, 2006, by David Terry, Managing Member of Ocean Properties, L.L.C., a Virginia limited liability company, Grantor. 1/ 4. / I '//1(1/[ I/O vU' . / /1/ t-tJ -rr-f:-/ Notary Public My Commission Expires: 81-3 ( /o&- ( I 5 PREPARED BY, ~.m SYI([S. ROURDON. ~.1fII billmN 8: LM. P.c. WITNESS the following signature and seal: GRANTOR: Lillel Farms, Inc., a Virginia corporation By: 4 ). A~~..A 6) ,~/Cr./ (SEAL) T. I /J ' It e: f./,~---" STATE OF VIRGINIA CI1Y OF VIRGINIA BEACH, to-wit: ., vc:1 The for~going_ instr~.~ent was acknowled~~d bef~re-;- me this ~) .- day of July, 2006, by LL, Beep J( tQOO , t1~E9 (XJ{ I of Lillel Farms, Inc., a Virginia corporation, Grantor. /~ /(; 11..,-, IJ - ~ i C:~[XP ( J!;j/Jc U5JJ!J!/L/ Notary Public C .. E' ~j h8 (').()/D My ommlSSlon xplres: c::::r1~ F I I I 6 PREPARED BY: (;!IB SYI(fS. IlOURDON. mJl AHERN Ii Lm. P.C EXHIBIT "A" Parcell: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as "PARCEL 49-469 ACRES", as shown on that certain plat entitled "SUBDIVISION OF PROPERlY OF ALEX C. AND VIRGINIA S. BROWN, FEBRUARY 20, 1985, KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA", which plat was made by Talbot & Associates, Ltd., recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2433, at Pages 260 and 261. GPIN: 1454-98-3391 Parcel 2: ALL THAT certain tract, piece or parcel of land situate, lying and being in the Centerville District of the City of Virginia Beach, Virginia, together with all appurtenances thereunto belonging, being designated as "Residual Parcel" and depicted on that certain plat entitled "RESUBDIVISION OF PROPERlY OF LILLEL FARMS, INC., Lynnhaven Parkway and Monument Drive, formerly Kempsville Borough, Virginia Beach, Virginia", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 271, at Pages 65 and 66. GPIN: 1454-98-0202 ConditionaIRezone/OceanProperties/CascadesatWoodsCorner /Proffer 7 - 55 - Item V-K.6. PLANNING ITEM # 55934 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council MODIFIED Conditions upon application of DEEP BLUE MARINE, L.L.C. for a Conditional Use Permit (approved by City Council on October 25,2005) re landscape plantings and site improvements. ORDINANCE UPON APPLICATION OF DEEP BLUE MARINE, L.L.c. FOR A MODIFICATION OF CONDITIONS FOR A CONDITIONAL USE PERMIT (APPROVED BY CITY COUNCIL ON OCTOBER 25, 2005) Ordinance upon application of Deep Blue Marine, L.L. C. for a Modification of Conditions on property located at 3716 Shore Drive (GPINs 1489494148; 1489494067). DISTRICT 4 - BAYSIDE The following conditions shall be required: 1. All conditions, with the exception of Number 1 and 2(b,) attached to the Conditional Use Permit granted by the City Council October 25, 2005, shall remain in affect. 2. Condition Number 1 and 2(b) of the October 25,2005, Conditional Use Permit are deleted. Condition 1 is replaced with the following: The site shall be developed as depicted on the revised plan entitled, "Revised Planting Plan and Exhibit, Deep Blue Marine Sales & Service, LLC, " dated August 28, 2006, prepared by WPL, with the exception of the boat display area, which must be paved with an all weather surface, not including gravel. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of December Two Thousand Six Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 12, 2006 ft.":'"':',;....' *tr'-' ~ .utt- ~;:-~'"f~~i';'~~'. .,.., [",~~.... It./_.;'..... ~''''~~',$',.''k"",,~''''' ~. 1'/"' ~ e,.._.:i:~ ~~ ::1f:.;,{A"'';h,i .,,''''~ "l!!"-'.:!:' ; () ! t..,,~wt!, ;>.~ ..t".T '';_ ,.;......,~ !;..,'~"~ ~ .....;:-~7'~....:.= ;:~-.. .....,:'" -r<:!: t.. '"I''' ~= ...~ ",..~t .. "P'~:-U" ~~:::;"'''''<~i',?~ :10"~ ,,":"fl ~ 1IIIifL~~ ..'e"'....;=: __'>-.... ,'~'" ''''-~ ~~!t~.. " '>~"'"'..(...~"".),.;;J( SHORE DRIVE !'......~.. .....,~.: ......l.~.,::-~':"- ~", 7......~ '" "', ~'T"'""'"t'h Ill'\. lSa." rL\:\ 11:\G '1..':\ &; [:\JII.n DEEP BLUE MARISE SALES & SERVICES. LLC "........... 'if.... ~... ,""..IN. '":\K.'Ulfll"l' ~R"nUlt.' U"L.."t.I....1:b . .... ;t ~_ f'Vil,............. Ni"~...t I! - 56 - Item v'L.I. APPOINTMENTS ITEM # 55935 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:: HUMAN RIGHTS COMMISSION INVESTMENT PARTNERSHIP ADVISORY COMMITTEE-PPEA OPEN SPACE ADVISORY COMMITTEE December 12, 2006 - 57 - Item v'L.2. APPOINTMENTS ITEM # 55936 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Juanita G. Felton Unexpired term thru 6/30/10 ARTS AND HUMANITIES COMMISSION Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 12, 2006 - 58 - Item v'L.3. APPOINTMENTS ITEM # 55937 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Diana G. Ruche/man 3- year term 01/01/07 -12/31/09 COMMUNITY SERVICES BOARD Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None December 12,2006 - 59 - Item v'L.4. APPOINTMENTS ITEM # 55938 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Councilman William R. DeSteph - Council Representative Councilman Harry E. Diezel - Council Representative C. Paulette Braithwaite - City Employee Representative Norrie Hoff-Business Professional Representative Glen Huff-Business Professional Representative Kerry C. Jordan - Private Sector Representative Paul Lanteigne - Public Safety Representative William Lechler - Business Professional Representative Robert Schleh - General Benefits Representative Susan Walston - City Staff Representative EMPLOYEE BENEFITS TASK FORCE City Council scheduled the Committee make their report on April 3, 2007, after which the Committee will be dissolved Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None December 12,2006 - 60- Item v'L.5. APPOINTMENTS ITEM # 55939 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Sanford M. Cohen Mayor Meyera E. Oberndorf 1 year term 01/01/07 -12/31/07 APPOINTED: Stephen R. Romine David A. Bradley 1 year term 01/01/07 -12/31/07 HAMPTON ROADS ECONOMIC DEVELOPMENT AUTHORITY (BREDA) Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 12, 2006 - 61 - Item v'L.6. APPOINTMENTS ITEM # 55940 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Janice P. Anderson - Beach District Katherine K. Katsias - Lynnhaven District 4-year term 01/01/07 -12/31/10 PLANNING COMMISSION APPOINTED: David S. Redmond - Bayside District Donald H. Horsley - Princess Anne District 4 year term 1/1/07 -12/31/10 PLANNING COMMISSION Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 12,2006 - 62- Item v,L. 7. APPOINTMENTS ITEM # 55941 Upon NOMINATION by Council Lady Wilson, City Council APPOINTED: Barry D. Knight - At Large Unexpired term thru 12/31/07 PLANNING COMMISSION Voting: 10-1 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Barbara M Henley Council Members Absent: None December 12, 2006 - 63 - Item v'L.8. APPOINTMENTS ITEM # 55942 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Robert M. Beardsworth, PhD Unexpired term thru 6/30/08 SOCIAL SERVICES BOARD Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 12, 2006 - 64- Item v'L.9. APPOINTMENTS ITEM # 55943 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Jeffrey R. Gordon No Term THE OLD BEACH DESIGN REVIEW Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 12, 2006 - 65 - Item V-D. ADJOURNMENT ITEM # 55944 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 10:05 P.M. (J~__ti_~__~-1~~_ Beverly 0. Hooks, CMC Chief Deputy City Clerk uth Hodges Smith, MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia December 12, 2006