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HomeMy WebLinkAboutJUNE 12, 2007 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 WILLIAM R. DeSTEPH, At-Large HARRY E DIEZEL. Kempsvi/le - District 2 ROBERT M. DYER" Cen/erville - District I BARBARA M. HENLEY, Princess Anne - District 7 REBA S. McClANAN, Rose Ha/l- District 3 JOHN E UHRIN, Beach District 6 RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES FRASER, MMC 12 JUNE 2007 I. CITY COUNCIL COMMENTS II. REVIEW OF AGENDA III. INFORMAL SESSION A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com - Conference Room - - Conference Room - 4:00 PM 5:00 PM IV. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION 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 June 5, 2007 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA I. ORDINANCES 1. Ordinances to AMEND the City Code: a. AMEND 91-12.2 re an increase in the Courthouse Security Fee imposed upon persons convicted of criminal or traffic offenses b. INCREASE the Department of Sheriff and Corrections FY 2007-08 Special Revenue fund by $300,000 re four (4) additional deputy positions with an increase to part-time wages for Courthouse Security Screeners c. ADD 96-127 to Chapter 6 Beaches, Boats and Waterways and ESTABLISH regulations re the Lynnhaven River Watershed "No Discharge Zone" d. AMEND 96-32 re the penalty for casting garbage into any waters of Virginia Beach 2. Ordinances re Beaches and Waterways Advisory Commission: a. DELETE 96-165 of the City Code re termination of the Commission b. AMEND the Bylaws re expansion of the Commission to eleven (11) members 3. Ordinance to AUTHORIZE, in accordance with Virginia Code 933.1-371.1, the issuance of a vegetation control permit to Edwin B. Lindsley, Jr., re the removal and replacement of certain vegetation on Virginia Beach Boulevard near Rosemont and Bonney Roads. DEFERRED JUNE 5, 2007 4. Ordinance to REQUEST the Virginia Department of Transportation (VDOT) establish a Wesleyan Drive Improvement Project; ACCEPT and APPROPRIATE $640,550 of Regional Surface Transportation Program (RSTP) funds from the City of Norfolk and $4,950,000 RSTP funds from the State to complete the project design; and, AUTHORIZE the City Manager to execute a Cost Participation Agreement with the City of Norfolk. 5. Ordinances to REVISE categorical appropriations for the School Operating Fund; and, AMEND the City's FY 2007-08 Operating Budget and FY 2007-08 Capital Budget as requested by the School Board: a. Adjusted appropriations to the School Operating Budget: 1. $555,724,972 to Instruction 2. $ 24,189,034 to Administration, Attendance and Health 3. $ 30,891,040 to Pupil Transportation 4. $ 96,357,081 to Operations and Maintenance b. Adjusted $12,108,658 transfer to the Capital Budget re decrease in the appropriation for Various Site Acquisitions - Phase 1 c. Adjusted $1,185,000 appropriation to the School Operating Budget re additional State revenue d. Adjusted $4,681,645 appropriation to the School Athletic Special Revenue Fund 6. Ordinances to APPROPRIATE and/or TRANSFER: a. APPROPRIATE $596,077 in additional Community Development Block Grant (CDBG) and HOME Program income to the Department of Housing and Neighborhood Preservation's budget to be used for additional grants DEFERRED JUNE 5, 2007 b. ACCEPT $60,000 from other Commonwealth's Attorney's offices and APPROPRIATE $40,000 to the FY 2006-07 and $20,000 to the FY 2007-08 Commonwealth's Attorney's Operating Budget re upgrades to the Virginia Commonwealth's Attorney Information System (VCAIS) c. APPROPRIATE $38,563 from Cost Recovery Revenue and ACCEPT $10,716 from the Fire Department Gift Fund to be appropriated to the Department's FY2006- 07 Operating Budget re the support of several fire programs d. APPROPRIATE $49,572 from the DEA Seized Property Special Revenue Fund and $23,000 from the Sale of Weapons Fund to the FY2007-08 Police Operating Budget re the Police Computer Crimes Unit and Wellness Center e. TRANSFER $150,000 from the FY 2006-07 TGIF Fund and $150,000 from Various Site Acquisitions to the FY2006-07 Planning and Community Development Operating Budget re the development of the Resort Area Strategic Action Plan f. TRANSFER $135,000 from Full-Time Salaries to Part-Time Salaries within the FY 2006-07 Operating Budget for the Virginia Aquarium Special Revenue Fund re increased personnel costs J. PLANNING 1. Application of M&M CONTRACTORS, INC. for a Modification of Condition No. 1 on a Conditional Use Permit (approved by City Council on July 3, 2001, amended and approved February 26, 2002, and indefinitely deferred January 31, 2006) at 533 South Lynnhaven Road re additional storage space. DISTRICT 3 - ROSE HALL DEFERRED RECOMMENDATION JANUARY 23 AND 31, 2007 APPROVAL 2. Application of GARNETT POINT ROAD, L.L.C. for a Chanf!e ofZoninf! District Classification from A-12 Apartment District to Conditional A-12 Apartment District with a PD-H2 Planned Unit Development District Overlay at 416-516 Garnett Point re the construction of forty (40) single-family dwellings. DISTRICT 2 - KEMPSVILLE RECOMMENDA nON APPROV AL 3. Application of SOUTH INDEPENDENCE ACQUISITION, L.L.C., for a Chanf!e of Zoninf! District Classification from R-5D and R-I0 Residential Districts to Conditional A-36 Apartment District, Conditional B-4 Mixed Use District and Conditional A-12 Apartment District with a PD-H2 Overlay at South Independence Boulevard, Princess Anne Road and 1632 Salem Road, "Spence Farm," re 103 single-family dwellings, 347 townhomes, and 230 twin townhomes and Senior Housing. DISTRICT 1 - CENTERVILLE and DISTRICT 7 - PRINCESS ANNE DEFERRED RECOMMENDATION MA Y 22, 2007 DEFERRAL TO JUNE 26, 2007 4. Application of SOUTH HAMPTON ROADS HABITAT FOR HUMANITY, INC. for a Chanf!e ofZoninf! District Classification from R-7.5 Residential District to Conditional A-12 Apartment District on the east side of Zurich Arch re the construction of a ten (10) unit residential condominium. DISTRICT 3 - ROSE HALL STAFF RECOMMENDATION PLANNING COMMISSION RECOMMENDA nON DENIAL APPROVAL 5. Application ofDTG OPERATIONS, INC. for a Conditional Use Permit at 3750 Virginia Beach Boulevard, Suite 1, re motor vehicle rentals within an existing shopping center. DISTRICT 5 - L YNNHA VEN RECOMMENDATION APPROV AL 6. Application of DARK AGE ENTERPRISES, L.L.C. for a Conditional Use Permit at 590 Baker Road re a car wash. DISTRICT 2 - KEMPSVILLE RECOMMENDA nON APPROVAL K. APPOINTMENTS BEACHES and WATERWAYS COMMISSION BLUE RIBBON TAX, FEE, and SPENDING TASK FORCE OPEN SPACE ADVISORY COMMITTEE REVIEW and ALLOCATION COMMITTEE (COG) L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT CITYWIDE TOWN MEETINGS June 19 Virginia Beach Convention Center -7:15 pm Shaping our Community and Ourselves to Protect our Waterways **Due to this Town Meeting, the regular City Council Workshop at 4:00 PM is cancelled. September 18 Time and Location to be Announced FY 2008-2010 Budget November 20 Green Run Homeowners Association Building - 7:15 pm SwrmwawrPfunsandFundmg CITY COUNCIL SUMMER SCHEDULE July 3 July 10 July 17 Cancelled Briefings, Informal, Formal, including Planning items Briefings, Informal, Formal, including Planning items August 7 August 14 August 21 August 28 Cancelled Briefings, Informal, Formal, including Planning items Briefings, Informal, Formal Briefings, Informal, Formal, including Planning items ********* 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 06/07/2007mb www.vbgov.com - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 12, 2007 Mayor Meyera E Oberndorf called to order the City Council Session in the City Council Conference Room, City Hall, on Tuesday, June 12, 2007, at 4:00 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, Rosemary Wilson and James L. Wood Council Members Absent: Ron A. Villanueva [Delayed in traffic - Out of City} June 12, 2007 - 2 - MA YOR 'S COMMENTS 4:00 P.M. ITEM # 56518 Mayor Oberndorf expressed appreciation for the beautiful plant from the City Council Members, during her recuperation from surgery. ITEM # 56519 Mayor Oberndorf advised on June Sixth, Secretary of the Navy Donald C. Winter, visited the City and she played Host. The Secretary was very well informed on the City's Base Realignment and Closurt! Commission (BRAC) compliance, as well as other activities throughout the City. City Attorney Les Lilley, Charles Meyer, Chief Operating Officer, and Robert Matthias, Assistant City Manager, accompanied the Mayor. City Attorney Lilley provided an excellent presentation of the City's BRAC compliance program. ITEM # 56520 The City was honored with an Award for Outstanding Achievement in Local Government at the Alliance for Innovation Conference on Thursday, June 7, 2007. The Public Voices on Redevelopment Project Team received the award and made a presentation on the innovative project. The presentation was selected in a competition to be part of the Citizen Engagement track for the National Conference of the Alliance for Innovation. ITEM # 56521 Mayor Oberndorf referenced visiting the 14th Annual North American Sand Soccer Championships (June 8 -10,2007) at the oceanfront. Other beach sports attractions included beach wrestling, football, tennis and rugby. Eight hundred sixty (860) teams participated. The Championships are held on over one mile and a 'half of white sand. Mayor Oberndorf expressed appreciation to the dedicated volunteers Mayor Oberndorf advised the wresting representatives from the West Coast presented her with a wrestling trophy. Mayor Oberndorf advised this event attracts participants and visitors from throughout the United States and many countries. ITEM # 56522 Mayor Oberndorf referenced attending the graduation of the DARE Drug Abuse Resistance Education Program) Elementary School participants. Mayor Oberndorf advised the young women directing this program were extraordinary teachers even though Sherriff's deputies. The children, parents and grandparents were very impressed and supportive of this program, Mayor Oberndorf expressed appreciation to Sherriff Lanteigne. June 12, 2007 -3- CITY COUNCIL COMMENTS ITEM # 56523 Council Members Dyer and DeSteph referenced attending on Sunday, June 10, 2007, the Navy SEAL Memorial Fund Rally consisting of a Relay of two hundred seventy-three (273) "mini "Cooper motor vehicles. This relay broke the "Guinness Book of World Records ". There were not two (2) mini Cooper's alike. The participants are throughout the United States. There will be another Rally in August with hopefully over five hundred (500) cars participating. Mayor Oberndorf advised her daughter, a pilot with United Airlines, owns and drives a Cooper in order to afford the gas in San Francisco. ITEM # 56524 Council Lady Henley referenced the Citywide Town Meeting scheduled for June 19, 2007, 7:15 P.M. at the Virginia Beach Convention Center, re Shaping our Community and Ourselves to Protect our Waterways. The Workshop of June 19, 2007, will be CANCELLED. The Green Ribbon Committee has been meeting all this year and met recently compiling the recommendations of the various Subcommittees re regulatory and other methods of improving water quality in the City's waterways. One of the main recommendations from all the Subcommittees was the City setting the standard re practices for water quality. City policy should ensure all new City projects and renovations meet water quality requirements and are a positive example of "green " building techniques and standards. One of the discussions will concern methods individuals can follow on their own properties to help water quality, Council Lady Henley referenced the U.S. News and World Report article of June Fourth, which referenced water quality. Maximum Daily Load (TMDL) study concerns the Southern Rivers (Nanney's Creek, West Neck Creek and Mill Dam Creek) . Council Lady Henley referenced the item on the Formal Session: I.1. c. Ordinance to AMEND the City Code and ADD §6--127 to Chapter 6 Beaches, Boats and Waterways and ESTABLISH regulations re the Lynnhaven River Watershed "No Discharge Zone" Council Lady Henley advised apparently it is not unique for boats to discharge sewage, whether treated or not, into the Waters of the Lynnhaven. Council Lady Henley has concerns and inquired re other waterways which might be designated "No Discharge Zones. " Councilman DeSteph advised just about everywhere where a boat can get gasoline, sewage discharge areas are fully manned and ready to pump out ` for free ". There is no excuse. Council Lady Henley advised Virginia Beach has the second only "No Discharge Zone " in the State. Councilman Uhrin referenced a pump out station right by Chic's Marina on the inside of Lesner Bridge. The facility was not manned on Sunday, Memorial Day weekend. The City Manager advised the employee is no longer with the City and the City is attempting to backfill this position on a temporary basis. Tvv,o 1 ~ ~nn~ - 4 - CITY COUNCIL COMMENTS ITEM # 56525 Council Lady Henley referenced the article appearing in the Virginia Municipal League (VML) Newsletter concerning a one day symposium. The symposium entitled "Using the Transportation Act of 2007 to Make Growth Work" will be held July 2lh (10:00 A.M. - 3:30 P.M.) in Henrico and will review the impact fees, cash proffers and how to develop Urban Development areas. The City Manager advised staff will be attending and encouraged City Council Members to attend. Transportation is determined to be City Council's Number One Priority. June 12, 2007 - 5 - AGE N DA REV IE W S E S ION 4:17 P.M ITEM # 56526 I.e. Ordinance to AMEND the City Code ADD 96-127 to Chapter 6 Beaches, Boats and Waterways and ESTABLISH regulations re the Lynnhaven River Watershed "No Discharge Zone" Associate City Attorney Kay Wilson advised this Ordinance authorizes the Federal, State and local Police to provide enforcement. However, the City's Marine Patrol will probably do the majority of enforcement. This designation of a "No Discharge Zone" was a two-year process. Public Works/Engineering is currently reviewing Rudee as a "No Discharge Zone". These designations must be approved through the Department of Environmental Quality (DEQ) as well as the Environmental Protection Agency. Councilman DeSteph believes watersheds should be reviewed as a group, rather than individually. Charles Meyer, advised additional personnel impact is not expected through enforcement of additional "No Discharge Zones. " ITEM # 56527 3. Ordinance to AUTHORIZE, in accordance with Virginia Code 933.1-371.1, the issuance of a vegetation control permit to Edwin B. Lindsley, Jr., re the removal and replacement of certain vegetation on Virginia Beach Boulevard near Rosemont and Bonney Roads. Deputy City Attorney Macali advised good news. The five (5) crepe myrtles to be removed will be relocated within three (3) miles, as per the City's direction. Relative the fifty-six (56) existing Euonymus shrubs to be removed; however, the first twenty-four (24) from Rosemont Road West do not have to be replaced,' however, there are others that are dying or deceased and Mr. Lindsey will transplant those from this billboard to the new location as replacements. In addition, the area along the base of the billboard visible from Virginia Beach Boulevard and Bonney Road will have twelve (12) Mini Crepe Myrtles and such number of Dwarf Yaupon Holly shrubs as will be sufficient to fully screen the supporting structures of the billboard from view. The remaining portion of the hedge will be replaced with Dwarf Yaupon Hollys. Deputy City Attorney Macali will distribute the AMENDED Ordinance during the Formal Session. Council Lady McClanan advised Cheryl Klobucher, Nancy Parker, and Johnnie Miller - Members -- Virginia Beach Beautification Commission met yesterday morning, June 4, 2007, with Attorney Ken Geroe, Mr. Lindsley and Deputy City Attorney Macali. Concerns have been addressed. Members of the Beautification Commission wish to speak. This item will be discussed during the Formal Session. ITEM # 56528 BY CONSENSUS, the following shall compose the CONSENT AGENDA 1. Ordinances to AMEND the City Code: a. AMEND 91-12.2 re an increase in the Courthouse Security Fee imposed upon persons convicted of criminal or traffic offenses b. INCREASE the Department of Sheriff and Corrections FY 2007-08 Special Revenue fund by $300,000 re four (4) additional deputy positions with an increase to part-time wages for Courthouse Security Screeners June 12, 2007 - 6 - AGE N DA REV IE W S E S ION ITEM # 56528 (Continued) c. ADD ~6-127 to Chapter 6 Beaches, Boats and Waterways and ESTABLISH regulations re the Lynnhaven River Watershed "No Discharge Zone" d. AMEND ~6-32 re the penalty for casting garbage into any waters of Virginia Beach 2. Ordinances re Beaches and Waterways Advisory Commission: a. DELETE ~6-165 of the City Code re termination of the Commission b. AMEND the Bylaws re expansion of the Commission to eleven (J 1) members 4. Ordinance to REQUEST the Virginia Department of Transportation (VDOT) establish a Wesleyan Drive Improvement Project; ACCEPT and APPROPRIATE $640,550 of Regional Surface Transportation Program (RSTP) funds from the City of Norfolk and $4,950,000 RSTP funds from the State to complete the project design; and, AUTHORIZE the City Manager to execute a Cost Participation Agreement with the City of Norfolk. 5. Ordinances to REVISE categorical appropriations for the School Operating Fund; and, AMEND the City's FY 2007-08 Operating Budget and FY 2007-08 Capital Budget as requested by the School Board: a. Adjusted appropriations to the School Operating Budget: 1. $555,724,972 to Instruction 2. $ 24,189,034 to Administration, Attendance and Health 3. $ 30,891,040 to Pupil Transportation 4. $ 96,357,081 to Operations and Maintenance b. Adjusted $12,108,658 transfer to the Capital Budget re decrease in the appropriation for Various Site Acquisitions - Phase 1 c. Adjusted $1,185,000 appropriation to the School Operating Budget re additional State revenue d. Adjusted $4,681,645 appropriation to the School Athletic Special Revenue Fund 6. Ordinances to APPROPRIATE and/or TRANSFER: a. APPROPRIATE $596,077 in additional Community Development Block Grant (CDBG) and HOME Program income to the Department of Housing and Neighborhood Preservation's budget to be usedfor additional grants June 12, 2007 - 7 - AGE N DA REV IE W S E S ION ITEM # 56528 (Continued) b. ACCEPT $60,000 from other Commonwealth's Attorney's offices and APPROPRIATE $40,000 to the FY 2006-07 and $20,000 to the FY 2007- 08 Commonwealth's Attorney's Operating Budget re upgrades to the Virginia Commonwealth's Attorney Information System (VCAIS) c. APPROPRIATE $38,563 from Cost Recovery Revenue and ACCEPT $10, 716from the Fire Department Gift Fund to be appropriated to the Department's FY2006-07 Operating Budget re the support of several fire programs d. APPROPRIATE $49,572from the DEA Seized Property Special Revenue Fund and $23,000 from the Sale of Weapons Fund to the FY2007-08 Police Operating Budget re the Police Computer Crimes Unit and Wellness Center e. TRANSFER $150,000from the FY 2006-07 TGIF Fund and $150,000 from Various Site Acquisitions to the FY2006-07 Planning and Community Development Operating Budget re the development of the Resort Area Strategic Action Plan f TRANSFER $135,000 from Full- Time Salaries to Part- Time Salaries within the FY 2006-07 Operating Budgetfor the Virginia Aquarium Special Revenue Fund re increased personnel costs June 12, 2007 - 8 - AGE N DA REV IE W S E S ION ITEM # 56529 3. Application of SOUTH INDEPENDENCE ACQUISITION, L.L. c., for a Change of Zoning District Classification from R-5D and R-lO Residential Districts to Conditional A-36 Apartment District, Conditional B-4 Mixed Use District and Conditional A-12 Apartment District with a PD-H2 Overlay at South Independence Boulevard, Princess Anne Road and 1632 Salem Road, "Spence Farm, "re 103 single-family dwellings, 347 townhomes and 230 twin townhomes and Senior Housing. DISTRICT 1 - CENTERVILLE and DISTRICT 7 - PRINCESS ANNE Jack Whitney, Interim Director - Planning Department, advised the applicant has requested a DEFERRAL until the City Council Session of June 26, 2007, in order to meet with the surrounding communities and modify the proffers re further reduction in traffic impacts. ITEM # 56530 4. Application of SOUTH HAMPTON ROADS HABITAT FOR HUMANITY, INC for a Chanf!e of Zoning District Classificationfrom R-7.5 Residential District to Conditional A-12 Apartment District on the east side of Zurich Arch re the construction of a ten (10) unit residential condominium. DISTRICT 3 - ROSE HALL Council Lady McClanan advised Kenneth Lacy, President - Lynnhaven Woods Civic League, wishes to share concerns re this development. He is concerned re the Total Maximum Daily Load (TMDL) Plan. Council Lady McClanan referenced the correspondence re City/Navy Memorandum of Understanding. The Memorandum of Understanding between the City and NAS Oceana requires representatives of both parties to meet in order to discuss and evaluate discretionary development applications of uses that are designated as Not Compatible in either the City's AICUZ Overlay Ordinance or the Navy's AICUZ Program. The Memorandum of Understanding (MOU) Committee met on April 26, 2007, and was of the opinion that there are no other reasonable uses for the property that are compatible with the Navy's AICUZ Program guidelines. A maximum development potential of the site, six (6) unit residential condominium is not unreasonable. The applicant will be requesting a DEFERRAL until the City Council Session of August 14, 2007, concerning reducing from a ten (10) unit to a six (6) unit residential condominium. This application is within the 65-70 dB DNL Noise Zone. ITEM # 56531 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA J PLANNING 1. Application ofM&M CONTRACTORS, INCfor a Modification of Condition No.1 on a Conditional Use Permit (approved by City Council on July 3,2001, amended and approved February 26,2002, and indefinitely deferred January 31,2006) at 533 South Lynnhaven Road re additional storage space. DISTRICT 3 - ROSE HALL 2. Application of GARNETT POINT ROAD, L.L.Cfor a Change of Zoning District Classification from A -12 Apartment District to Conditional A -12 Apartment District with a P D-H2 Planned Unit Development District Overlay at 416-516 Garnett Point re the construction offorty (40) single-family dwellings. DISTRICT 2 - KEMPSVILLE June 12, 2007 - 9 - AGE N DA REV I E W S E S ION ITEM # 56531 (Continued) 3. Application of SOUTH INDEPENDENCE ACQUISITION, L.L.C., for a Change of Zoninz District Classi/icationfrom R-5D and R-10 Residential Districts to Conditional A-36 Apartment District, Conditional B-4 Mixed Use District and Conditional A-12 Apartment District with a PD-H2 Overlay at South Independence Boulevard, Princess Anne Road and 1632 Salem Road, "Spence Farm," re 103 single-family dwellings, 347 townhomes, and 230 twin townhomes and Senior Housing. DISTRICT 1- CENTERVILLE and DISTRICT 7 - PRINCESS ANNE 5. Application ofDTG OPERATIONS, INC.for a Conditional Use Permit at 3750 Virginia Beach Boulevard, Suite 1, re motor vehicle rentals within an existing shopping center. DISTRICT 5 - LYNNHA VEN 6. Application of DARK A GE ENTERPRISES, L.L. C. for a Conditional Use Permit at 590 Baker Road re a car wash. DISTRICT 2 - KEMPSVILLE Item J3 (South Independence Acquisition, L.L.c.) will be DEFERRED, BY CONSENT, until the City Council Session of June 26, 2007. June 12, 2007 - 10- ITEM # 56532 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2. 1-371 1 (A), Code of Virginia, as amended,for the following purpose: PERSONNEL MATTERS: Discussion, consideration of 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)(l) Council Appointments: Boards, Commissions, Committees, Authorities and Agencies Upon motion by Council Lady Wilson, seconded by Councilman Wood, City Council voted to proceed into CLOSED SESSION (4:58 P.M.). Voting: 9-0 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin and Ron A. Villanueva (Closed Session: 4:58 P.M. - 5:35 P.M.) (Dinner: 5:35 P.M. - 6:00 P.M.) June 12, 2007 - 11 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL June 12, 2007 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, June 12, 2007, 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, Rosemary Wilson and James L. Wood Council Members Absent: Ron A. Villanueva [Delayed in traffic - Out of the City) 1NVOCA TION: Reverend T. E. "Gene" Thieman, DD Retired Baptist Pastor PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial") purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial, and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict, If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 1 0, 2007, is hereby made a part of the record. 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. June 12, 2007 - 12 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL (Continued) 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 sht1 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. June 12,2007 - 13 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 56533 Upon motion by Councilman Dyer, seconded by Councilman DeSteph, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva June 12, 2007 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 #56532, Page 10, and in accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS: Section 22-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW; THEREFORE, BE IT RESOL 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. R h Hodges Fraser, MMC City Clerk June 12, 2007 - 14 - Item V-F.J. MINUTES ITEM #56534 Upon motion by Councilman Dyer, seconded by Councilman DeSteph, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of June 5, 2007. Voting: 9-0 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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Mayor Meyera E. Oberndorf Council Members Absent: Ron A. Villanueva Mayor Oberndorf ABSTAINED as she was not in attendance during the City Council Session of June 5, 2007, as she was at home recoveringfrom surgery. June 12, 2007 - 15 - Item V-G 1. ADOPT AGENDA FOR FORMAL SESSION ITEM 56535 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION June 12, 2007 - 16 - Item V-G 1. ITEM 56536 PRESENTATION Mayor Oberndorf recognized the following Boy Scout in attendance to fulfill requirements for his Communications and Citizenship badge. Troop 407 Bow Creek Presbyterian Church Andrew Becker Mayor Oberndorf presented the Scout with a City Seal pin from the City of Virginia Beach. June 12, 2007 - 17 - Item v.l. ORDINANCES ITEM #56537 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION Ordinances 1a/ble/d, 2alb., 4, 5a/ble/d and 6,a/ble/dle/fofthe CONSENT AGENDA Voting: 10-0 (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. Oberndorj, John E. Uhrin, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva June 12, 2007 - 18 - Item V.I.] aalb/c/d ORDINANCES ITEM #56538 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinances to AMEND the City Code: AMEND ~1-12.2 re an increase in the Courthouse Security Fee imposed upon persons convicted of criminal or traffic offenses INCREASE the Department of Sheriff and Corrections FY 2007-08 Special Revenue fund by $300,000 re four (4) additional deputy positions with an increase to part- time wages for Courthouse Security Screeners ADD 96-127 to Chapter 6 Beaches, Boats and Waterways and ESTABLISH regulations re the Lynnhaven River Watershed UNo Discharge Zone" AMEND ~6-32 re the penalty for casting garbage into any waters of Virginia Beach Voting: 10-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva June 12, 2007 1 AN ORDINANCE TO AMEND CITY CODE SECTION 1-12.2 2 PERTAINING TO THE COURTHOUSE SECURITY FEE 3 IMPOSED UPON PERSONS CONVICTED OF CRIMINAL 4 OR TRAFFIC OFFENSES 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 9 That Section 1-12.2 of the City Code is hereby amended and reordained to read 10 as follows: 11 12 Sec. 1-12.2. Assessment of court costs for the cost of persons admitted to jail 13 following conviction and the costs of court house security. 14 15 16 (b) (1) In addition to any other fees prescribed by law, a fee of Hve ten 17 dollars (~$10.00) is hereby imposed in each criminal and traffic case 18 in which the defendant is convicted of a violation of any statute or 19 ordinance. The clerks of the district and circuit courts shall charge and 20 collect this assessment as a part of the fees taxed as costs. 21 22 (2) After collection by the clerk of the court in which the case is heard, 23 the assessment shall be remitted to the city treasurer and held subject to 24 appropriation by the city council to the sheriffs office for funding court 25 house security personnel. 26 27 Be it further ordained that the effective date of this ordinance shall be July 1, 28 2007. 29 30 Adopted by the City Council of the City of Virginia Beach, Virginia on this 1 ih 31 day of June, 2007. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 AN ORDINANCE TO INCREASE THE DEPARTMENT OF SHERIFF AND CORRECTIONS FY 2007-08 SPECIAL REVENUE FUND IN THE AMOUNT OF $300,000 AND TO APPROVE FOUR DEPUTY POSITIONS FOR COURTHOUSE SECURITY WHEREAS, the Sheriff's Department is responsible for providing courtroom and courthouse security; and WHEREAS, the 2007 General Assembly amended section S53.1-120 of the Code of Virginia to allow localities to increase the assessment per conviction of a violation of any criminal or traffic violation to a total of $10 per conviction; and WHEREAS, this fee shall be used solely by the Sheriff's Department for the funding of courthouse security personnel and equipment. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $300,000 in increased estimated revenue is a result of the increased fee from five dollars ($5) to ten dollars ($10) per conviction of any criminal or traffic violation; and 2. That $300,000 in estimated revenue from the increase of the court security fee is hereby appropriated to the Sheriff's Department FY 2007-08 Operating Budget for four additional deputies for courtroom security and increases to part-time wages for courthouse security screeners; and 3. That these additional deputies for courtroom security and increases to part-time wages will be eliminated or funding within the Sheriff's Operating budget will be permanently reallocated to support these increases costs if the fee authorization is reduced by the state in the future; and 4. That $300,000 from local revenue sources is increased accordingly. Requires an affirmative vote by a majority of the members of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 12th day of June , 2007. Approved as to Content: ~l!!djL Approved as to Legal Sufficiency: ;f~~ City Attorney's Office CA 10423 R-2 June 1, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (a) 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 AN ORDINANCE ADDING SECTION 6-127 TO CHAPTER 6 BEACHES, BOATS AND WATERWAYS OF THE VIRGINIA BEACH CITY CODE ESTABLISHING REGULATIONS FOR THE L YNNHAVEN RIVER WATERSHED NO DISCHARGE ZONE Section Added: 6-127 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 6-127 of the City Code is hereby added and ordained to read as follows: Chapter 6 BEACHES, BOATS AND WATERWAYS Article V. Boating, Skiing and Surfing. Sec. 6-127. No Discharqe Zone. For purposes of this section, the followinq phrases shall have the meaninqs respectfully ascribed to them: (1 ) Container seal shall mean a tamper-evident plastic or wire security device. (2) Discharae shall include, but is not limited to, any spillinq, leakinq, pumpinq, pourinq, emittinq, emptyinq, or dumpinq. (3) Lvnnhaven River Watershed in the City of Virqinia Beach is desiqnated as all contiquous waters south of the Lesner Bridqe at Lynnhaven Inlet (latitude 36054'27.90"N and lonqitude 76005'30.90"W) and north of the watershed break point at the intersection of West Neck Creek and Dam Neck Road (latitude 36047'17.60"N and lonqitude 76004'14.62"W). (4) Macerator /Jum/J valve shall mean a valve in a vessel's sewaqe pipinq that in the open position allows an overboard discharqe of sewaqe via a throuqh-hull fittinq. 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 (b) 70 71 72 73 (c) 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 (5) Marine sanitation device shall mean any equipment installed on a vessel and that is desiqned to receive. retain. treat. or discharqe sewaqe and any process to treat such sewaqe. (6) No Discharae Zone shall mean an area determined by the U.S. Environmental Protection Aqency and the Commonwealth where there is established a complete prohibition of all treated or untreated discharqes of sewaqe from all vessels. (7) Sewaae shall mean human body wastes. the wastes from toilets and other receptacles intended to receive or retain human wastes. and liquid-carried human wastes toqether with such industrial wastes and other liquid as may be present. (8) Vessel shall mean every description of watercraft or other artificial contrivance used. or capable of beinq used on the waters of the Commonwealth. includinq boats and houseboats. reqardless of size. means of propulsion or place of reqistrv. (9) Y-valve shall mean a valve in a vessel's sewaqe pjpinq that in the open position allows an overboard discharqe of sewaqe via a throuqh-hull fittinq and in the closed position prevents an overboard discharqe and retains sewaqe in a holdinq tank. The Lynnhaven River Watershed has been desiqnated a No Discharqe Zone by the U.S. Environmental Protection Aqency and the Commonwealth of Virqinia. The followinq requirements apply in the No Discharqe Zone: (1) All discharqe of sewaqe. whether treated or not. and other wastes from all vessels into the No Discharqe Zone is prohibited. (2) Vessels without installed toilets shall dispose of any collected sewaqe from portable toilets or other containment devices at appropriate facilities approved by the Virqinia Department of Health. in a manner that complies with state law. (3) Vessels with installed toilets shall have a marine sanitation device to allow sewaqe holdinq capacity. unless the toilets are rendered inoperable. (4) Houseboats havinq installed toilets shall have a holdinq tank with the capability of collectinq and holdinq sewaqe and disposinq of collected sewaqe at a pump-out facility or other facility approved by the Virqinia Department of Health for collection of sewaqe wastes; if 2 91 the houseboat lacks such capabilitv. the installed toilet shall be 92 removed. 93 94 (5) Y-valves, macerator pump valves or any other throuqh-hull fittinq 95 valves capable of allowinq a discharqe of sewaqe from marine 96 sanitation devices shall be secured in the closed position bv a 97 device that is not readilv removable. includinq, but not limited to, a 98 numbered container seal. such that throuqh-hull sewaqe discharqe 99 capabilitv is rendered inoperable. 100 101 (6) Every owner or operator of a marina within the No Discharqe Zone 102 shall notify boat patrons leasinq slips of the sewaqe discharqe 103 restriction. As a minimum. notification shall consist of No 104 Discharqe Zone information in the slip rental contract and a siqn 105 indicatinq the area is a No Discharqe Zone. 106 107 (7) All vessels shall place in their marine sanitation device a dye tablet 108 supplied bv the City. 109 110 (d) Violations of this section shall. upon conviction. be a Class 1 111 misdemeanor. 112 113 (e) The Virqinia Beach Police Department and other law-enforcement officers 114 of this Commonwealth and the Federal Government shall have the 115 authority to enforce this section. 116 117 Adopted by the City Council of the City of Virginia Beach, Virginia on this 118 12th day of June, 2007. 3 APPROVED AS TO CONTENT ~.c-- Pub' . s.. -- APPROVED AS TO CONTENT CA 10384 R3 May 2, 2007 APPROVED AS TO LEGAL SUFFICIENCY: Jl~1!J jfrmi 4 1 AN ORDINANCE TO AMEND SECTION 6-32 OF THE CITY 2 CODE PERTAINING TO THE PENALTY FOR CASTING 3 GARBAGE INTO WATERS 4 5 Section Amended: City Code 9 6-32 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That the City Code is hereby amended and reordained by the amendment of 11 Section 6-32 to read as follows: 12 13 CHAPTER 6 14 BEACHES, BOATS AND WATERWAYS 15 16 17 18 Sec. 6-32. Casting garbage, etc., into waters. 19 20 Except as otherwise permitted by law, it shall be unlawful for any person to cast, 21 throw or dump any garbage, refuse, dead animal, trash, carton, can, bottle, container, 22 box, lumber, timber or like material, or other solid waste, except fish or crab bait in any 23 form, into any of the waters of this city. When a violation of any provision of this section 24 has been observed by any person, and the matter dumped or disposed of has been 25 ejected from a boat, the owner or operator of such boat shall be presumed to be the 26 person ejecting such matter; provided, however, that such presumption shall be 27 rebuttable by competent evidence. Every such act shall be a misdemeanor punishable 28 by a fine not to exceed one hundred thousand dollars ($100.00) ($1000.00) or 29 confinement in jail not to exceed thirty (30) days, or both. 30 31 This Ordinance shall become effective on July 1, 2007. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of June, 2007. - 19 - Item V,I.2a1b ORDINANCES ITEM #56539 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinances re Beaches and Waterways Advisory Commission: DELETE 96-165 of the City Code re termination of the Commission AMEND the Bylaws re expansion of the Commission to eleven (11) members Voting: 10-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva June 12, 2007 1 AN ORDINANCE TO DELETE SECTION 6-165 OF THE 2 CITY CODE PERTAINING TO THE TERMINATION OF THE 3 BEACHES AND WATERWAYS ADVISORYCOMMISSION 4 5 Section Deleted: City Code 9 6-165 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That the City Code is hereby amended and reordained by the deletion of Section 11 6-165 to read as follows: 12 13 CHAPTER 6 14 BEACHES, BOATS AND WATERWAYS 15 16 17 ARTICLE VIII. BEACHES AND WATERWAYS ADVISORY COMMISSION 18 19 20 21 Soc. 6 165. Termination. 22 23 The commission shall terminate automatically at midnight on June 30, 2005, 24 unless it is terminated or extended by city council prior to that date. 25 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of June, 2007. 1 AN ORDINANCE TO AMEND THE BYLAWS OF THE 2 BEACHES AND WATERWAYS ADVISORY COMMISSION 3 4 WHEREAS, the Bylaws of the Beaches and Waterways Advisory Commission 5 were adopted by City Council by Ordinance 2583 on May 23, 2000; 6 7 WHEREAS, the City Code was amended by Ordinance 2588 on June 13, 2000 to 8 provide for the incorporation of the creation and termination of the Commission into the 9 City Code; 10 11 WHEREAS, the Bylaws were not amended at that time to include the expansion 12 of the Commission from seven (7) to eleven (11) members; 13 14 WHEREAS, the Bylaws also provided for the termination of the Commission on 15 June 30, 2005; and 16 17 WHEREAS, the attached Bylaws (incorporated herein) are corrected to reflect the 18 current composition of the Commission and to delete the termination provision. 19 20 THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That the Bylaws of the Beaches and Waterways Advisory Commission are 24 hereby amended and reordained to read as attached: 25 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of June, 2007. 1 BYLAWS OF THE BEACHES AND WATERWAYS 2 ADVISORY COMMISSION 3 4 ARTICLE I 5 NAME 6 7 The name of the commission shall be the Beaches and Waterways Advisory 8 Commission. 9 10 ARTICLE II 11 PURPOSE 12 13 The purpose of the Commission shall be: 14 15 1. To review issues referred to it by City Council concerning access to, and the 16 preservation, development and use of, the City's beaches and waterways, and to make 17 recommendations to the City Council regarding such issues. 18 19 2. To serve as the City's local erosion advisory commission and carry out the 20 responsibilities imposed on such local commissions pursuant to 9 10.1-711 of the Code 21 of Virginia. 22 23 ARTICLE III 24 MEMBERS 25 26 Section 1. Number. The Commission shall be comprised of seven (7) eleven (11) 27 members, with one (1) member being appointed by City Council from the residents of 28 each of the City's seven (7) election districts. and four (4) members beinq appointed by 29 City Council from residents of the City at larqe. 30 31 Section 2. Term. The initial terms of the members appointed from the Bayside, Beach 32 and Centerville districts shall be for three (3) years; the initial terms of the one (1) at- 33 larqe member and the members appointed from the Kempsville and Lynnhaven districts 34 shall be for two (2) years; and the initial terms of the one (1) at-Iarqe member and the 35 members appointed from the Princess Anne and Rose Hall districts shall be for one (1) 36 year. Thereafter, all members shall be appointed to serve more than three (3) years. In 37 accordance with 9 2-3 of the City Code, no member shall be appointed to serve more 38 than three (3) consecutive three-year terms. All initial appointments shall commence on 39 the same date. 40 41 Section 3. Qualifications. Each member must be a resident of the district from which he 42 or she is appointed. and the at-Iarqe member must be a resident of the City of Virqinia 43 Beach. The appointees shall have knowledge and experience concerning beach and 44 waterway-related issues. 45 46 Section 4. Chair and Vice-Chair. The Chair and Vice-Chair shall be appointed by a 47 majority vote of the Commission held on the first meetinq in Julv, and shall serve for a 48 term of one (1) year. The Chair (or Vice-Chair in the Chair's absence) shall preside over 49 all meetings of the Commission. The Chair and Vice-Chair may be re-appointed for 50 additional terms. 51 52 Section 5. Attendance. Attendance records shall be kept at each meeting of the 53 Commission and an annual report of the attendance of the members shall be filed with 54 the City Clerk by June 30 of each year for review by city Council. No member shall 55 accumulate an annual total of more than three (3) absences (or be absent from more 56 than one-fourth of the total number of meetings). If this limitation is exceeded from 57 reasons other than personal illness, death, or other unusual circumstances, the 58 appointment shall be terminated automatically, or as otherwise prescribed by law. 59 Members shall be paid $50.00 for each meeting attended. 60 61 Section 6. Vacancies. A vacancy caused by death, resignation, termination, expiration, 62 or otherwise shall be filled by City Council for the unexpired term thereof, or in the case 63 of an expiration, for three (3) years, within thirty (30) days of said vacancy. 64 65 ARTICLE IV 66 MEETINGS 67 68 Section 1. Regular meetings. When the Commission has business it shall meet at least 69 once a month at a time and location to be determined by the Chair upon consultation 70 and coordination with the other members. 71 72 Section 2. Special meetings. A special meeting may be called by the Chair of three (3) 73 members of the Commission, or may be convened by City Council, to consider any 74 matter that, in the determination of the Chair, the members, or the City Council, needs to 75 be addressed prior to a regular meeting. 76 77 Section 3. Requirements. A majority of Commission members shall be present in order 78 for any official action to be taken. All actions of the Commission shall be conducted at a 79 regular or special meeting and shall require a majority vote of those members present. 80 81 ARTICLE V 82 REPORTS 83 84 Section 1. Annual Report. Within forty-five (45) days of the end of the rascal year, the 85 Commission shall prepare, and submit to City Council, an annual report of its activities, 86 recommendations, and proposals, including a financial statement, if applicable. Interim 87 reports to City Council may be provided when deemed appropriate or necessary by the 88 Commission or the Council. 89 90 Section 2. Requirements. All reports shall be approved by a majority of the members of 91 the Commission. In any report to the Council, the Commission shall identify any 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 conflicts that its report may have with the proposals and/or recommendations of other City agencies. ARTICLE VI COORDINATION Section 1. City departments. The Commission shall work with and through the Department of Public Works ("the department") which shall, in close cooperation with the City Manager's Office, be responsible for coordinating the efforts of the Commission with other City departments, boards, and commissions to (1) ensure that there is no unnecessary duplication of efforts; (2) enable the Commission to review the proposals and recommendations of such other City departments, boards and commissions for compatibility (or incompatibility) with Commission objectives; and (3) enable such other City departments, boards and commissions to review and provide comments on Commission-generated proposals and recommendations. Section 2. Other agencies. The Commission and the Department shall make a special effort to establish open lines of communication with other agencies involved in the review of beach and waterway-related issues. ARTICLE VII COMMITTEES The Chair of the Commission shall have the authority to appoint committees, comprised of members of the Commission and non-members with special expertise, to study and review specific areas of concern and to report back to the full Commission for such action as the Commission may deem appropriate. ARTICLE VIII AMENDMENTS No alteration, amendment, repeal of these Bylaws or any section hereof shall be effective without the prior consent of City Council. ARTICLE IX TERMINATION The Commission sh311 termin3te 3utom3tic311y 3t midnight on June 30, 2005, unless termin3ted or extended by City Council prior to th3t d3te. Adopted by the City Council of the City of Virginia Beach on the of June ,2007 12th day - 20- Item V.I. 3. ORDINANCES ITEM #56540 Attorney Ken Geroe, 1369 Laskin Road, Phone: 428-6021, represented the estate of Edwin Lindsley, Jr, and advised meeting with the members of the Virginia Beach Beautification Commission. Deputy City Attorney William Macali drafted a REVISED Ordinance, with which all parties concurred. Cheryl Klobuchar, 758 Suffolk Lane, Phone: 463-4885, President - Virginia Beach Beautification Commission and Past President of Council of Garden Clubs of Virginia Beach, expressed appreciation to City Attorney William Macali concerning amendments. Deputy City Attorney Macali advised representatives of the Virginia Beach Beautification Commission met with Mr. Lindsley and Attorney Geroe, and reached an agreement. The five (5) crepe myrtles to be removed will be relocated within three (3) miles, as per the City's direction. Mr. Lindsley will monitor the health of these plants for one (1) year. Fifty-six (56) existing Euonymus shrubs are to be removed; However, the first twenty jour (24) from Rosemont Road West do not have to be replaced. There are others that are dying or deceased and Mr. Lindsley will transplant these from this billboard as replacements to the new location. In addition, the area along the base of the billboard visible from Virginia Beach Boulevard and Bonney Road will have twelve (12) Mini Crepe Myrtles and such number of Dwarf Yaupon Holly shrubs as will be sufficient to fully screen the supporting structures of the billboard from view. The remaining portion of the hedge will be replaced with Dwarf Yaupon Hollys. Upon motion by Council Lady McClanan, seconded by Vice Mayor Jones, City Council ADOPTED, AS REVISED: Ordinance to AUTHORIZE, in accordance with Virginia Code 833.1- 371.1, the issuance of a vegetation control permit to Edwin B. Lindsley, Jr., re the removal and replacement of certain vegetation on Virginia Beach Boulevard near Rosemont and Bonney Roads. Voting: 10-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva June 12, 2007 1 AN ORDINANCE APPROVING THE APPLICATION OF EDWIN B. 2 LINDSLEY, JR. FOR A VEGETATION CONTROL PERMIT TO 3 ALLOW THE REMOVAL AND REPLACEMENT OF CERTAIN 4 VEGETATION LOCATED ON VIRGINIA BEACH BOULEVARD 5 AND IMPOSING CONDITIONS UPON SUCH PERMIT 6 7 8 WHEREAS, Edwin B. Lindsley, Jr., by Kenneth P. Lindsley ("Lindsley"), his duly 9 appointed conservator, has submitted to the City a vegetation control permit application 10 pursuant to Section 33.1-371.1 of the Virginia Code, which authorizes the removal of 11 vegetation that obstructs motorists' view of signs displayed on outdoor advertising 12 structures located on highways within the Commonwealth of Virginia; and 13 14 WHEREAS, more particularly, such application seeks the removal of five (5) Crepe 15 Myrtle trees from their current location on the south side of Virginia Beach Boulevard, west 16 of Rosemont Road Drive, and the removal of fifty-six (56) existing Euonymus shrubs and 17 their replacement by an equal number of Dwarf Yaupon Holly shrubs, all as is more 18 particularly described in the landscaping_ plan submitted by Lindsley as a part of the 19 application; and 20 21 WHEREAS, the Commonwealth Transportation Commissioner has delegated to the 22 City the authority to administer, in accordance with the applicable statutes and regulations, 23 the vegetation control program set forth in Virginia Code Section 33.1-371.1, and the City 24 has accepted such delegation of authority; and 25 26 WHEREAS, notwithstanding the opposition of the City and many other persons to 27 certain legislation introduced during the 2006 General Assembly session, such legislation 28 was enacted, thereby rendering all highways within the City subject to the vegetation 29 control permit program; and 30 31 WHEREAS, while it is the sense of the City Council that the aforesaid legislation is 32 inimical to its longstanding and abiding efforts to beautify the roadways within the City of 33 Virginia Beach, the City Council is bound by the provisions of Virginia Code Section 33.1- 34 371.1 and the regulations promulgated thereunder; and 35 36 WHEREAS, Lindsley has submitted to the City cash surety, in the amount required 37 by statute, securing the performance of the conditions of the permit; 38 39 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 40 VIRGINIA BEACH, VIRGINIA: 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 That the City of Virginia Beach hereby grants the aforesaid application of Edwin B. Lindsley, Jr., for a vegetation control permit upon the following conditions: 1. The vegetation to be removed shall be limited to the (5) five Crepe Myrtle trees and fifty-six (56) Euonymus shrubs designated in the application and supporting materials; 2. Lindsley shall replant the five (5) Crepe Myrtle trees at such location or locations, within a radius of three (3) miles, as the City may determine. The City shall be responsible for maintenance of such trees; provided, however, that for a period of one (1) year after their replanting, Lindsley shall be strictly liable for the replacement of any of the five (5) Crepe Myrtle trees that, in the sole judgment of the City, require replacement by reason of drought or disease; 3. Lindsley shall replant such number of the fifty-six (56) Euonymus shrubs as the City may specify to replace diseased or dying shrubbery in adjacent City beautification projects on Virginia Beach Boulevard; 4. Lindsley shall replace the fifty-six (56) Euonymus shrubs as follows: (a) The twenty-four (24) easternmost shrubs shall not be required to be replaced; and (b) The thirty-two (32) westernmost shrubs shall be replaced, on a one- to-one basis, by Dwarf Yaupon Holly shrubs. 5. Lindsley shall plant, on property owned by him, at least twelve (12) Mini Crepe Myrtles and such number of additional Dwarf Yaupon Holly shrubs as will be sufficient to fully screen the supporting structures of the subject billboards from Virginia Beach Boulevard and Bonney Road. Lindsley shall maintain such shrubbery in good condition at all times, and any diseased, dying or dead vegetation shall be replaced by Lindsley, at his sole expense, in a timely manner consistent with good landscaping practices; 6. All replacement vegetation and the five (5) Crepe Myrtle trees to be relocated shall be installed as soon after the removal and relocation of the Crepe Myrtle trees and Euonymus shrubs as is consistent with good landscaping practices, and under the direct supervision of a certified arborist. 2 79 80 6. Lindsley shall comply with all applicable laws and regulations, including, 81 without limitation, the vegetation control regulations promulgated by the Commonwealth 82 Transportation Commissioner. 83 84 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 1 2ttiay of 85 ,Jl]ne ' 2007. AP~..:!~~I/::\~O L~GALlSUFFIC'7CY . /l C t &U~ , , / City Attorney's Office CA-1 0386 R-3 June 12, 2007 3 fD)~@~ow~rm wu APR - 3 'lJJ1/ lW ----' Form ITS (page 1 of 2) Rev. 10/15/98 COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION VEGETATION CONTROL APPLICATION 24 VAC 30-200-10 et seq. HAMPTON ROADS DISTRICT ROADSIDE ~2J , 't$ 2007 To A~c ~'(I2Ufc"J , Resident Engineer at Application is hereby made to work on State Highway trees on Route sea in the City/County of VU~c.,-'.UA. r:3e:.A..CoH between AO~e.roOfUT 'Z1';:).and "qcu..~1A.. ~ '&..."\10 J ~. in accordance with description of work, 3 33.1-371.1 of the Code of Virginia, Vegetation Control Regulations 24 VAC 30-200-10 et seq., and such other rules and regulations of the Commonwealth Transportation Board as may be applicable thereto. All work to be done under the direct supervision of S. G ~'Tut<:1it l.A...."':::>~ 'PE~ , Address 2.32. CI.'I'U"nU<Vh,J,.E 'Tl1~Pll(,E l\10R.TI-l City c......B;~E.. '\JA. , Phone No. ('1f!S1) 4'7Q ...l./-9l.oc , Certified Arborist No, 1\1"", Ol(p~ . All work shall be completed within days from issuance of this permit. REASON FOR WORK: Improve motorist's view of {3,....L..e,04J2'OS . If outdoor advertising sign - Permit Number ICjq~" ~ . Permit Guaranteed performance of this work is covered by (a) Certified Check in the amount of $2,500.00 enclosed, which may be used in whole or in part to complete the work outlined or it will be retumed when the work has been completed in a satisfactory manner; or (b) Bond No. of Company. Check, for the non-refundable application and permit fee, in the amount of $400.00 is enclosed. Applicant ~: ~ 'i~rJ ~ I ~~ :r;. Address: $1'1- Co Ff... + c.l_I~I-ZJ ,.:z;r<l-q Signed by: _____.::<< J. _ QQ.=-_ TItle: (!~ Telephone No. (7$7) 4-2.5" ~454- Federal Tax I. D. No. 2.3'-'1.. - 0 .(02.- (For Official Use Only) All trees listed in description of work have been inspected and found to be on State Rights of Way. The undersigned recommend that this permit be issued. An inspector will be assigned to supervise this work at the permittee's expense Yes No. Inspector's Name Resident Engineer , Date Environmental Manager , Date Tree Trimming Permit No. issued at ,,19_ ""'- In so far as the Commonwealth Transportation Board has the right and power to grant same, the above applicant is permitted to perform tree work as outlined. The Commonwealth Transportation Board reserves full municipal control over subject matter of this permit. Trans. Roadside Development Mgr for Dist. Administrator Proposed Landscaping Plan For Edwin B. Lindsley, Jr., Outdoor Sign - Va Beach Blvd/Rosement & Bonney Rd. Upon approval by the City of Virginia Beach Landscape Services Department this plan will be implemented. PLAN: (Reference attached sketch) 1. The proposed work, and the replacement plants and materials to be supplied, will be performed by Signature Landscapes. Their address, phone number and their point of contact are as follows: 232 Centerville Turnpike North, Chesapeake, Virginia 23320, Phone (757) 479-4960, Mr. Oscar Richardson. 2. Proposed work: a. Replace approximately fifty-six (56) existing shrubs (each located 3ft on center) with fifty-six (56) DwarfYoupon Holly plants (3 gallon size). Includes bedding compost and hardwood mulch for all plants. Includes 1 year warranty with watering for the warranty period. Includes perpetual maintenance for the plants. b. Rdocate five (5) Crepe Myrtle trees to reasonably nearby City property, specific location to be determined by the City of Virginia Beach. _ Includes the compost, the hardwood mulch; and the replacement, with an 8' to 10' Crepe Myrtle (pink) tree, of any of the five trees, during a period of one year, due to disease or drought. c. Work will begin as early as late Fall, pending weather and the recommendation of Signature Landscapes and the City of Virginia Beach Landscape Services Department. Approved by: --~ . "7 ~'~ f:.- l' !. I-- <,k.1-V~ . -. .. -0 '/l' I t:.. ,>7 <"? .~ /) ..~ Py .~ (. I ,~c{"~,,;:~ 'Edwin B. Lindsley, Jr. '-. ' /lIb' J{ '2 K; 200 7' Date ::. ---.5: IJ OJ t: ~ "';-"~;;,j..."'='-< c.:> ..,. :...l t'I /~J '--- \"t r~ \'"' ~ '0,.. ., :r ...b -' . ..... :i " -1: ~ '-1 0", ..... ~ .~ ~ ""';, ';, \\ G c () o '" () o o o '\:) Q \) '" <l@ \il J: u 4; iii fl 0( 7. - o ~ ;:;:. ~ [] <!l 10 o 'CD C e o ~ <0 Q lZ> o \@\ '"' \ Q ~ " ~ o CD Q Q Gl .0 I!> \ \ \ \ o \ \ :@\\ a \ IE) <:) Ii) o Gl $ ,.. , '3 ..J .q: ~ ~ ...J <) il_ l..: ~ <: Z 0.1 III :r. t- :J ~ . A 0( c Q<! "- III z ;z '" ~ .-;--. ~ o l- .... ~ '-S \n r'{ :: II v ~ iJ \!) 1-- i r ~ ", " j \ ,-1 5. , 'i' - 21 - Item V.IA. ORDINANCES ITEM #56541 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to REQUEST the Virginia Department of Transportation (VDOT) establish a Wesleyan Drive Improvement Project; ACCEPT and APPROPRIATE $640,550 of Regional Surface Transportation Program (RSTP) funds from the City of Norfolk and $4,950,000 RSTP funds from the State to complete the project design; and, A UTHORlZE the City Manager to execute a Cost Participation Agreement with the City of Norfolk Voting: 10-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva June 12, 2007 1 AN ORDINANCE TO REQUEST THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO ESTABLISH A 3 PROJECT FOR IMPROVEMENT OF WESLEYAN DRIVE, 4 TO ACCEPT AND APPROPRIATE $640,550 OF RSTP 5 FUNDS FROM THE CITY OF NORFOLK AND $4,950,000 6 OF RSTP FUNDS FROM THE STATE TO CIP #2-145, 7 WESLEYAN DRIVE, TO COMPLETE THE PROJECT 8 DESIGN, AND TO AUTHORIZE THE CITY MANAGER TO 9 EXECUTE A COST PARTICIPATION AGREEMENT WITH 10 THE CITY OF NORFOLK 11 12 13 WHEREAS, the Wesleyan Drive project (CIP #2-145, VDOT 52148) will provide 14 for design and construction to widen Wesleyan Drive to a four-lane road between Baker 15 Road and Northampton Boulevard; 16 17 WHEREAS, approximately fifty percent (50%) of Wesleyan Drive is located in 18 Virginia Beach and fifty percent (50%) is located in Norfolk; 19 20 WHEREAS, the project is funded primarily with federal Regional Surface 21 Transportation Program (RSTP) funding; 22 23 WHEREAS, project selections are made by the Hampton Roads Planning District 24 Commission (HRPDC) and the federal program funds are administered by the Virginia 25 Department of Transportation (VDOT); 26 27 WHEREAS, RSTP funding is being provided to Virginia Beach for the portion of 28 the project in Virginia Beach and VDOT has approved $4,950,000 of RSTP funding in 29 FY 2008 for this project for Virginia Beach; 30 31 WHEREAS, Norfolk is receiving RSTP funding for the portion of the project in 32 Norfolk; 33 34 WHEREAS, based on current estimates, the project is fully funded; 35 36 WHEREAS, the City of Norfolk has requested that the City of Virginia Beach 37 manage the Norfolk Wesleyan Drive project as part of the Virginia Beach project; 38 39 WHEREAS, the project design for the roadway section within the City of Norfolk 40 will be funded by transferring $640,550 of Norfolk's allocation of RSTP funding to the 41 City of Virginia Beach; 42 43 WHEREAS, Virginia Beach and Norfolk have prepared a Cost Participation 44 Agreement for the design of the Wesleyan Drive project; and 45 46 WHEREAS, in accordance with the Virginia Department of Transportation 47 construction allocation procedures, it is necessary that Council request VDOT to 48 establish an urban highway project in the City of Virginia Beach. 49 50 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 51 VIRGINIA BEACH, VIRGINIA: 52 53 1. That the City Council of the City of Virginia Beach, Virginia, requests the 54 Virginia Department of Transportation to establish an urban system highway project for 55 Wesleyan Drive from Baker Road to the western city limits. 56 57 2. That the Council of the City of Virginia Beach agrees to pay its share of the 58 total cost for preliminary engineering, right-of-way and construction of this project in 59 accordance with Section 33.1-44 of the Code of Virginia, and that if the City of Virginia 60 Beach subsequently elects to cancel this project, the City of Virginia Beach agrees to 61 reimburse the Virginia Department of Transportation for the total amount of the costs 62 expended by the Department through the date the Department is notified of such 63 cancellation. 64 65 3. That the City Manager is hereby authorized to execute on behalf of the City of 66 Virginia Beach all necessary project agreements, including, but not limited to, the Cost 67 Participation Agreement. 68 69 4. That Regional Surface Transportation Program funding of $640,550 from the 70 City of Norfolk and $4,950,000 from VDOT is accepted and appropriated to CIP #2-145, 71 Wesleyan Drive, with estimated revenues increased accordingly, to complete the project 72 design from Baker Road to Northampton Boulevard. 73 74 Requires an affirmative vote by a majority of the members of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the .1 ?t-h day of .l'me ' 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~.~ anagem t ervices ----- Lf~, I~ <).l{/0- City Attorney's fflce CA 10421 R-4 June 1, 2007 Cost Participation Agreement for Design of Wesleyan Drive Roadway Improvements THIS AGREEMENT is made as of this day of , 2007, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("Virginia Beach") and the CITY OF NORFOLK, a municipal corporation of the Commonwealth of Virginia ("Norfolk") (individually, "party" and collectively, the "parties"). RECIT ALS A. Wesleyan Drive is a two lane road that is approximately 0.85 miles long and runs perpendicular to Baker Road in Virginia Beach and Northhampton Boulevard in Norfolk. B. Wesleyan Drive traverses the boarder between Virginia Beach and Norfolk and is located approximately fifty three percent (53%) in Virginia Beach and forty seven percent (47%) in Norfolk. C. The parties have agreed to jointly design and construct certain improvements to the portion of Wesleyan Drive between Baker Road in Virginia Beach and Northhampton Boulevard in Norfolk. D. The parties desire to widen Wesleyan Drive so that it is a four lane road, with two lanes running in the northwest direction towards Norfolk and two lanes running in the southeast direction towards Virginia Beach. E. Specifically, Virginia Beach desires to widen Wesleyan Drive from its existing terminus at Baker Road to the 5900 block of Wesleyan Drive, and Norfolk desires to widen Wesleyan Drive between Northhampton Boulevard and the 6099 block of Wesleyan Drive. F. The simultaneous design and construction of both the Virginia Beach and the Norfolk portion of Wesleyan Drive will result in a significant cost savings to the parties and will minimize public inconvenience and potential damage to public infrastructure. AGREEMENT For and in consideration of the mutual covenants hereinafter set forth, the parties do hereby agree as follows: I. The Roadway Improvements 1. Design. Virginia Beach shall cause to be designed, in accordance with all applicable specifications and standards of the Virginia Department of Transportation, the City of Norfolk, and the City of Virginia Beach, roadway improvements that will result in the widening of the portion of Wesleyan Drive between its existing terminus at Northampton Boulevard and its intersection with Baker Road ("Roadway Improvements"). The design shall include all survey, geotechnical and engineering work to prepare a complete set of construction documents required for the Roadway Improvements. The typical section to be included in the Roadway Improvements shall be an arterial four-lane divided roadway. The Roadway Improvements project shall be established as a locally administered project by the City of Virginia Beach for the Virginia Department of Transportation. 2. Project Manager. The Project Manager for the design of the Roadway Improvements shall be an employee of the City of Virginia Beach. As the Project Manager, Virginia Beach shall be responsible for the following: (1) soliciting proposals for the design of the Roadway Improvement; (2) awarding the design contract; (3) overseeing and managing the design of the Roadway Improvements; and (4) preparing final bid plans and specifications for construction of the Roadway Improvements. Norfolk shall designate one of its employees as an Assistant Project Manager. 3. Design Team. A Design Team shall be established for the purpose of developing design objectives and requirements, reviewing design proposals, and reviewing design plans. The Design Team shall consist of the following members: (l) representatives of both parties' Departments of Public Works; and (2) any other individual deemed necessary by both parties for the completion of the design. The Design Team shall convene as necessary to accomplish the objectives set forth in this section. 4. Cost Allocation. The cost of designing the Roadway Improvements shall be borne as follows: (a) Virginia Beach shall be responsible for paying all design costs for Roadway Improvements to the portion of Wesleyan Drive lying in Virginia Beach, namely between the intersection of Wesleyan Drive and Bakers Road, and the city line (approximately 0.45 mile). The design shall be prepared in accordance with the Virginia Department of Transportation specifications and standard(s) associated with a four-lane divided urban roadway. (b) Norfolk shall be responsible for paying all design costs for Roadway Improvements to the portion of Wesleyan Drive lying in Norfolk, namely between the intersection of Northhampton Boulevard and Wesleyan Drive, and the city line (approximately 0.40 mile). The design shall be prepared in accordance with the Virginia Department of Transportation specifications and standard(s) associated with a four-lane divided urban roadway. 5. Payment. Each party shall fund its respective portion of the design costs for the Roadway Improvements. Norfolk shall transfer funds for design of the Roadway Improvements, plus a fifteen percent (15%) contingency, from its Regional Surface Transportation Program ("RSTP") funds, to Virginia Beach, through the Hampton Roads Planning District Commission ("HRPDC"), to be used for payment of Norfolk's portion 2 of the design of the Roadway Improvements. Norfolk shall transfer funds to Virginia Beach within sixty (60) days of execution of this Agreement. Virginia Beach shall use its RSTP funds to pay for Virginia Beach's portion of the design for the Roadway Improvements. 6. Award of Roadway Improvements Design Contract. (a) Within ninety (90) days of the execution of this Agreement, Virginia Beach shall issue a request for proposals ("RFP") seeking proposals for geotechnical and topographic studies and the design of the Roadway Improvements. The RFP shall be issued in accordance with the consultant procurement requirements contained in the Urban Construction Initiative, Program Administration Guide of the Virginia Department of Transportation. (b) Within fourteen (14) days after receipt of the proposals, Virginia Beach shall convene a meeting of the Design Team for the purpose of reviewing the proposals and selecting a design contractor. After a contractor has been selected, Virginia Beach shall award the design contract. 7. Roadway Improvements Design Phase. (a) During the design phase of the Roadway Improvements, the parties shall jointly conduct at least one (1) citizen information meeting and one (1) design public hearing for the purpose of collecting public input on the Roadway Improvements. (b) Plans shall be submitted by the design contractor to Virginia Beach at intervals of twenty five percent (25%), fifty five percent (55%), ninety percent (90%), one hundred percent (100%), and final bid plans. Design plans shall be distributed by Virginia Beach to the Design Team for review. The Design Team shall convene to review and discuss the design plans. ( c) If necessary, each party shall be responsible for securing access to private property in their respective locality during the design phase so that surveyor environmental investigations may be completed. (d) Each party shall coordinate with the private utility companies in their respective locality to determine if any relocation is necessary and to obtain an estimate of work to be completed. 8. Change Orders. Either party may request a change order during the term qf this Agreement. The party requesting a change order shall promptly notify the other party, in writing, of the nature of the change order. If the party receiving a notice of requested change order objects, the Design Team shall convene to review and discuss the requested change order. The Project Manager shall have the authority to make the final determination as to the necessity of a requested change order, after consultation with the Assistant Project Manager. The Design Team shall convene to review any proposed change order which would exceed one percent (1 %) ofthe cost of the design contract. 3 II. General Provisions. 9. Term. This agreement shall be effective upon execution and shall remain in full force and effect until the completion of the Roadway Improvements design. 10. Termination. In the event that either party shall for any reason or through any cause be in default of the terms ofthis Agreement, the other party may give it written notice of such default. Unless otherwise provided, the party in default shall have twenty- one (21) days from the date such notice is mailed or delivered in which to cure the default, except to the extent such cure period requires a reasonably longer period, in which case, such longer period shall apply, provided, however, that such actions required to cure are commenced and proceeded with to completion in a prompt and diligent manner. If such default is not timely cured, the other party may cancel and terminate this Agreement as of the date of the default notice. This Agreement may also be terminated without cause by either party. The party seeking to terminate the Agreement shall give the other party sixty (60) days prior written notice, at the address set forth in Section 16 herein, of its intention to terminate. Each party shall pay its share of the expenditures outstanding at termination. 11. Assignment. Neither party shall assign its rights and duties under this Agreement without the prior written consent of the other party, which shall not be unreasonably delayed, refused or denied. 12. Modification. No modification of this Agreement shall be effective unless made in writing and executed by the authorized representatives of both parties. 13. Performance. The parties shall perform their respective obligations to effectuate the intent of this Agreement in a timely and diligent manner, with time being of the essence. 14. Indemnification. To the extent permitted by law, and without waiving their sovereign immunity, the parties shall be responsible to one another for any and all damages to persons or property caused by, resulting from, or arising out of any gross negligence or intentional wrongdoing on the part of the party, its contractors, subcontractors, agents or employees under or in connection with this Agreement. 15. Applicable Law; Compliance With All Laws; Venue. (a) Applicable Law. This Agreement shall be deemed to be a Virginia contract and shall be governed as to all matters whether of validity, interpretations, obligations, performance or otherwise exclusively by the laws of the Commonwealth of Virginia, and all questions arising with respect thereto shall be determined in accordance with such laws. Regardless of where actually delivered and accepted, this Agreement shall be deemed to have been delivered and accepted by the parties in the Commonwealth of Virginia. 4 (b) Compliance With All Laws. The parties shall comply with all federal, state and local statutes, ordinances, and regulations now in effect or hereafter adopted, in the performance of their obligations set forth herein. The parties shall at all times observe all health and safety measures and precautions necessary for the sanitary and safe performance of their obligations set forth herein. (c) Venue. Any and all suits for any claims or for any and every breach or dispute arising out of this Agreement shall be maintained in the appropriate court of competent jurisdiction in the City of Virginia Beach. 16. Notices. Any notice given hereunder may be mailed, delivered or faxed to the named project contact at the address provided below: For Virginia Beach: Tabitha Crowder, P.E. City of Virginia Beach Dept. of Public Works 2405 Courthouse Drive, Building 2 Virginia Beach, Virginia 23456 (757)385-5668 For Norfolk: Rob Brown, P.E. City of Norfolk Dept. of Transportation 810 Union St - Room 200 Norfolk, VA 23510 (757)664-7311 17. Force Majeure. Neither party shall be deemed to be in default with respect to the performance of any of the terms, covenants and conditions of this Agreement where a party's failure to perform, or delay in performance, is caused by war, invasions, insurrection, blockage, domestic or foreign embargoes, riots, floods, earthquakes, fire, epidemics, lock-outs or other labor disturbance adversely affecting the party's ability to perform, interruption, delay or other inadequacy of carriers or other transportation facilities of any type, the operation of domestic or foreign statutes, law, rules, rulings or regulations, interference by domestic, civil or military authority, agency or governmental unit, shortages of materials, services or supplies, failure of parties with whom the party has contracted for services to provide the same, or any other causes whether of the same or different character from those herein specified, which cannot be avoided or prevented by the due diligence of the party. To the extent that any such cause of the party's failure or delay in performance ceases, the period for the performance by the party of any act required under the terms of this Agreement shall be extended for a reasonable period of time thereafter. IN WITNESS WHEREOF, the parties hereto have executed and sealed Agreement as of the day and year first above written. 5 CITY OF VIRGINIA BEACH By: City Manager City Manager APPROVED AS TO CONTENT: Department of Public Works, Virginia Beach APPROVED AS TO LEGAL SUFFICIENCY: Office of City Attorney, Virginia Beach CITY OF NORFOLK By: APPROVED AS TO CONTENT: Director, Department of Public Work, Norfolk APPROVED AS TO FORM AND CORRECTNESS: Assistant City Attorney, Norfolk 6 SUMMARY OF TERMS COST PARTICIPATION AGREEMENT FOR DESIGN OF WESLEY AN DRIVE ROADWAY IMPROVEMENTS City of Virginia Beach's Responsibilities: . Cause to be designed, in accordance with all applicable specifications and standards of the Virginia Department of Transportation, roadway improvements that will result in the widening of the portion of Wesleyan Drive between its existing terminus at Northampton Boulevard and its intersection with Baker Road. . Act as Project Manager for the design ofthe Roadway Improvements. . Responsible for the following: soliciting proposals for the design of the Roadway Improvement; awarding the design contract; overseeing and managing the design of the Roadway Improvements; and preparing final bid plans and specifications for construction of the Roadway. . Pay all design costs for Roadway Improvements to the portion of Wesleyan Drive lying in Virginia Beach. . Issue a request for proposals ("RFP") seeking proposals for geotechnical and topographic studies and the design of the Roadway Improvements. . Convene a meeting of the Design Team for the purpose of reviewing proposals and selecting a design contractor. . Award the design contract. . Jointly conduct at least one (1) citizen information meeting and one (1) design public hearing with Norfolk. . Secure access to private property during the design phase. . Coordinate with the private utility companies to determine if any relocation is necessary. City of Norfolk's Responsibilities: . Designate one of its employees as an Assistant Project Manager. . Pay all design costs for Roadway Improvements to the portion of Wesleyan Drive lying in Norfolk. . Transfer funds for design of the Roadway Improvements, plus a fifteen percent (15%) contingency, from its Regional Surface Transportation Program ("RSTP") funds, to Virginia Beach. . Jointly conduct at least one (1) citizen information meeting and one (1) design public hearing with Virginia Beach. . Secure access to private property during the design phase. . Coordinate with the private utility companies to determine if any relocation is necessary 1- - I .., ~ ~ ~I a ~ mO z C'l nClin ~ '" i!1 5) _I)> z r -o~--i C'l !:' V> -: c II N:> 0 .., (3 ~ '" ~ZZ V> ~ n n ~ e ~~~ ~ ~ '" c ~ -:> 0 0 c ~-o "T1 "T1 :s Z < ~ 0 ;;0 E. ;;0 CJ "T1 0 0 Z r- )> ^ o::l ~ n I ~ ~ ~ z a ,. ~ ~ c:l ~ - ~ ~ b C'l z ~ L--/ 4: lO,::::-- < ~ nZ ~s; h;::E C)m mVl ~ Z x ;/ .., .Q 9 ~ - 22- Item V.I.5.a/b/c/d ORDINANCES ITEM #56542 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinances to REVISE categorical appropriations for the School Operating Fund; and, AMEND the City's FY 2007-08 Operating Budget and FY 2007-08 Capital Budget as requested by the School Board: Adjusted appropriations to the School Operating Budget: 1. $555,724,972 to Instruction 2. $ 24,189,034 to Administration, Attendance and Health 3. $ 30,891,040 to Pupil Transportation 4. $ 96,357,081 to Operations and Maintenance Adjusted $12,108,658 transfer to the Capital Budget re decrease in the appropriation for Various Site Acquisitions - Phase 1 Adjusted $1,185,000 appropriation to the School Operating Budget re additional State revenue Adjusted $4,681,645 appropriation to the School Athletic Special Revenue Fund Voting: 10-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva June 12, 2007 1 AN ORDINANCE TO REVISE CATEGORICAL 2 APPROPRIATIONS FOR THE SCHOOL OPERATING FUND 3 AND AMEND THE CITY'S FY 2007-08 OPERATING 4 BUDGET AND FY 2007-08 CAPITAL IMPROVEMENT 5 BUDGET AS REQUESTED BY THE SCHOOL BOARD 6 7 WHEREAS, the City's FY 2007-08 Operating Budget as approved by City Council 8 on May 15, 2007, required a $10,920,916 reduction to total school funding; and 9 10 WHEREAS, to achieve a portion of this reduction, the School Board desires to 11 decrease the General Fund transfer to a school project in the Capital Improvement 12 Program for various site acquisitions; and 13 14 WHEREAS, additional state revenues in the amount of $1,185,414 is available for 15 school operations; and 16 17 WHEREAS, the transfer from the School Operating fund to the School Athletic 18 Special Revenue Fund will be decreased by $67,411; and 19 20 WHEREAS, a resolution to revise the categorical appropriations in the School 21 Operating Fund, reduce the General Fund transfer to the School Operating Fund, and to 22 reduce the funds available to the Schools other special revenue funds was approved by the 23 School Board on May 22,2007; and 24 25 WHEREAS, a resolution to decrease the General Fund transfer to the Capital 26 Improvement Program for student various site acquisitions was approved by the School 27 Board on May 22, 2007. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: 31 32 1. That the following adjustments are hereby allocated to the following categories in 33 the FY 2007-08 School Operating Budget: 34 35 (a) appropriations to the Instruction category are decreased by $3,917,522, resulting 36 in a total appropriation of $555,724,972; and 37 38 (b) appropriations to the Administration, Attendance and Health category are 39 decreased by $179,576, resulting in a total appropriation of $24,189,034; and 40 41 (c) appropriations to the Pupil Transportation category are decreased by 42 $2,876,468, resulting in a total appropriation of $30,891,040; and 43 44 (d) appropriations to the Operations and Maintenance category are decreased by 45 $2,208,796, resulting in a total appropriation of $96,357,081. 46 2. That the General Fund transfer to the Capital Improvement Program is hereby 47 decreased by $1,000,000, resulting in a total transfer from the General Fund of 48 $12,108,658. And that appropriations to Capital Project 1-006, Various Site Acquisitions- 49 Phase I are decreased by $1,000,000 accordingly. 50 51 3. That $1,185,000 in additional state revenues is hereby appropriated to the FY 52 2007 -08 School Operating budget. 53 54 4. That $67,411 in appropriations to the School Athletic Special Revenue Fund is 55 hereby reduced in the FY 2007-08 Schools budget, with local revenue decreased 56 accordingly, resulting in a total appropriation of $4,681,645. 57 58 Requires an affirmative vote by a majority of the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 2tlPay of June , 2007. Approved as to Content: Approved as to Legal Sufficiency: ~~j[~~ ;<!? ~.1-0C ~ City Attorney's Office CA 10427 May 31,2007 R2 Summary of School Budget Changes School Budget Changes Requested Adopted by by the School Board School Board City Council to Distribute the Adopted School Operating Fund on May 15th Reductions Mav 22nd Revenue from Local Sources From Use of Money and Property $ 465,000 $ - $ 465,000 Charges for Services $ 1,761,594 $ - $ 1,761,594 Miscellaneous Revenue $ 472,000 $ - $ 472,000 Revenue from the Commonwealth $ - State Share Sales Tax $ 76,188,327 $ 222,435 $ 76,410,762 Other Sources from the Commonwealth $ 275,447,976 $ 962,979 $276,410,955 Revenue from the Federal Government $ 14,771,131 $ - $ 14,771,131 Transfers from Other Funds $ 335,870,685 $ 1,000,000 $336,870,685 Total Revenue $ 704,976,713 $ 2,185,414 $707,162,127 Administration, Attendance, and Health $ 24,368,610 $ (179,576) $ 24,189,034 Instruction $ 559,642,494 $ (3,917,522) $555,724,972 Operations and Maintenance $ 98,565,877 $ (2,208,796) $ 96,357,081 Pupil Transportation $ 33,767,508 $ (2,876,468) $ 30,891,040 Less City Reduction Reduction by the City Manager $ (446,860) $ 446,860 $ - Reduction by the City Council $ (10,920,916) $ 10,920,916 $ - Total School Operating Fund $ 704,976,713 $ 2,185,414 $707,162,127 School General Revenue Capital Projects Fund Transfer from Other Funds $ 13,108,658 $ (1,000,000) $ 12,108,658 Capital Project 1-006 Various Site Acquisition- Phase I $ 1,000,000 $ (1,000,000) $ - School Athletic Special Revenue Fund Revenue from Local Sources From Use of Money and Property $ 45,000 $ - $ 45,000 Charges for Services $ 484,348 $ - $ 484,348 Miscellaneous Revenue $ 4,195,708 $ (67,411) $ 4,128,297 Specific Fund Reserves $ 24,000 $ - $ 24,000 $ 4,749,056 $ (67,411) $ 4,681,645 Education - Athletic $ 4,749,056 $ (67,411) $ 4,681,645 -9IRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE BUDGET RESOLUTION SCHOOL BOARD Daniel D. Edwards Chairman Dlstnct 1 . Cenlerville 1513 Beachview Drive VA Beach. VA 23464 495.3551 (h). 717-0259 (c) Rita Sweet Bellitto Vice Chairman At-Large PO Box 6446 VA Beach. VA 23456 416-0960 (c) Todd C. Davidson At-Large 2424 Savannah Trail VA Beach. VA 23456 4n3330 (w) . 285-9409 (c) Emma L. "Em" Davis Distnct 5 - Lynnhaven 1125 Michaelwood Drive VA Beach. VA 23452 340-8911 (hi Patricia G. Edmonson District 6 . Beach 401-205 Harbour POint VA Beach. VA 23451 428-5240 (hi Edward F. Fissinger, Sr. At.Large 412 Becton Place VA Beach. VA 23452 486-4567 (hi Dan R. Lowe District 4 - Bayside 4617 Red Coat Road VA Beach, VA 23455 490.3681 (h) Lyndon S. Remias District 7 - Princess Anne 3225 Nansemond Loop VA Beach, VA 23456 630-6102 (c) Sandra Smith-Jones Dist<ic\ 2 -\\el<\?s'/i\\e 705 Rock Creek Court VA Beach, VA 23462 490-8167 (h) Michael W. Stewart District 3 - Rose Hall 105 Brentwooll<:ourt I/A. BeachA'A 23452 498-4383 [h) ..445.4637 (w) Carolyn..l.l. Weems At..t.arge 1420 Qffludia Drive VA B~, VA 23455 464-6~74 (hI SUPERINTENDENT WHEREAS, the mission of the Virginia Beach City Public Schools, in partnership with our entire community, is to ensure that each student is empowered with the knowledge and skills necessary to meet the challenges of the future; and WHEREAS, the School Board of the City of Virginia Beach has adopted a comprehensive strategic plan and school improvement priorities to guide budgetary decisions; and WHEREAS, the School Board has studied the recommended School Operating Budget FY 2007-08 Amended in view of state and federal requirements, additional demands for space and operations, the strategic plan, priorities, expectations, competitive compensation for employees and the best educational interests of its students; and WHEREAS, the total funds available for FY 2007-08 from the City of Virginia Beach to Virginia Beach City Public Schools under the Revenue Sharing Policy is $390,381,437; and WHEREAS, the debt service payment is estimated to be $41,402,094 leaving a balance of $348,979,343 to allocate between the Operating Budget and the Capital Improvement Program. WHEREAS, the School Board Proposed Operating Budget has been reconciled to meet the funding provided by the City Council on May 15, 2007; and Now, therefore, be it RESOLVED: That the $348,979,343 be allocated as follows: $336,870,685 to the Operating Budget, and $12,108,658 to the Capital Improvement Program (CIP); and be it FURTHER RESOLVED: That City of Virginia Beach has also transferred $4,488,750 from the Sandbridge TIF to the Schools PAYGO; and be it FURTHER RESOLVED: That the Virginia Beach City School Board requests a lump sum appropriation of $707,162,127 for FY 2007-08 from the City Council of Virginia Beach for the School Board Proposed Operating Budget FY 2007-08 Amended. For information, this includes the following categories: Instruction Administration, Attendance and Health Pupil Transportation Operations and Maintenance and be it $555,724.972 24,189,034 30,891,040 96,357,081 FURTHER RESOLVED: That the School Board of the City of Virginia Beach requests an appropriation of $102,338,368 for special grants, and other special revenue funds, for the 2007-2008 fiscal year; and be it FURTHER RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City Council, the City Manager, and the City Clerk. Adopted by the School Board this 22nd day of May, 2007 SEAL A~crd~-- Daniel D. Edwards, Chairman Attest: Jame& G. MerrilL Ed.D. 2512 George Ma&o~ Onve VA Beach. VA 23456 I A _" .,0. /'\. IJ. - -- - _4. ~ 263--1007 ~ If. ~~ Dianne P. Alexander, Clerk of the Board School Administration Building' 2S 12 George Mason Drive . P.O. Box 6038 . Virginia Beach. VA 23456-0038 www.vbschools.com + IRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE CIP RESOLUTION SCHOOL BOARD FY 2007-08/FY 2012-13 CAPITAL IMPROVEMENT PROGRAM Daniel D. Edwards Chairman District 1 - Centerville 1513 Beachvlew Drive VA Beach. VA 23464 495.3551 (h)' 717.0259 Ic) Aita Sweet Sellitto Vice Chairman At-Large PO Box 6448 VA Beach. VA 23456 418-0960 (c) Todd C. Davidson AI.Large 2424 Savannah Trail VA Beach. VA 23456 427-3330 (w) . 285-9409 (c) Emma L, "Em" Davis District 5 - Lynnhaven 1125 Michaelwood Drive VA Beach, VA 23452 340-8911 (h) Petri cia G. Edmonson District 6 - Beach 40\-205 Harbour Point VA Beach. VA 23451 428-5240 (h) Edward F. Fissinger, Sr. At.Large 412 Becton Place VA Beach. VA 23452 486-456'1 (hi Dan A. Lowe Dislricl 4 . Bayslde 4617 Aed Coat Road VA Beach. VA 23455 490-3681 (h) Lyndon S. Aemias District 7 - Princess Anne 3225 Nansemond Loop VA Beach, VA 23456 630-6102 (c) Sandra Smith-Jones Distnct 2 - Kempsville 705 Rock Creek Court VA Beach. VA 23462 490-8167 (h) Michael W, Stewart District 3 - Rose Hall 105 Brentwood Court VA Beach, VA 23452 498.4303 (h) . 445-4637 (w) Carolyn O. Weems At-Larg~ 1420 Claudia Drive VA Beach, VA 23455 ~1>\-667~ (h) SUPERINTENDENT WHEREAS, the mission of the Virginia Beach City Public Schools, in partnership with our entire community, is to ensure that each student is empowered with the knowledge and skills necessary to meet the challenges of the future; and WHEREAS, the School Board of the City of Virginia Beach has adopted a comprehensive strategic plan and school improvement priorities to guide budgetary decisions; and WHEREAS, the School Board has studied the recommended Capital Improvement Program FY 2007-08/FY 2012-13 Amended in view of state and federal requirements, additional demands for space and operations, the strategic plan, priorities, expectations, competitive compensation for employees and the best educational interests of its students; and WHEREAS, the total funds available for FY 2007-08 from the City of Virginia Beach to Virginia Beach City Public Schools under the Revenue Sharing Policy is $390,381,437; and WHEREAS, the debt service payment is estimated to be $41,402,094 leaving a balance of $348,979,343 to allocate between the Operating Budget and the Capital Improvement Program; and WHEREAS, the School Board Proposed Capital Improvement Program has been reconciled to meet the funding provided by the City Council on May 15, 2007. Now, therefore, be it RESOLVED: That the School Board of the City of Virginia Beach adopts a CIP program of $620,614,484 (as shown on the attached funding summary dated May 22, 2007); and be it FURTHER RESOLVED: That the approved School Board Operating Budget allocates $12,108,658 to PA YGO funding for FY 2007-08; and be it FURTHER RESOLVED: That the City of Virginia Beach has also transferred $4,488,750 from the Sandbridge TIF to the Schools PAYGO resulting in a total of $16,597,408 allocated towards PAYGO CIP Funding for FY 2007-08; and be it FURTHER RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City Council, the City Manager, and the City Clerk. Adopted by the School Board this 22nd day of May, 2007 ~~~ Daniel D. Edwards, Chairman SEAL Attest: James G. Merrill, Ed.D, 2512 George Mason Drive VA Beach. VA 23456 263.1007 ~ ~.~~ Dianne P. Alexander, Clerk of the Board School Administration Building . 2512 George Mason Drive . P.O. Box 6038 . Virginia Beach, VA 23456-0038 www.vbschools.com - 23 - Item v'I.6.a/b/cld/e/j ORDINANCES ITEM #56543 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinances to APPROPRIATE and/or TRANSFER: APPROPRIATE $596,077 in additional Community Development Block Grant (CDBG) and HOME Program income to the Department of Housing and Neighborhood Preservation's budget to be used for additional grants ACCEPT $60,000 from other Commonwealth's Attorney's offices and APPROPRIATE $40,000 to the FY 2006-07 and $20,000 to the FY 2007-08 Commonwealth's Attorney's Operating Budget re upgrades to the Virginia Commonwealth's Attorney Information System (VCAIS) APPROPRIATE $38,563 from Cost Recovery Revenue and ACCEPT $10,716 from the Fire Department Gift Fund to be appropriated to the Department's FY2006-07 Operating Budget re the support of several fire programs APPROPRIATE $49,572 from the DEA Seized Property Special Revenue Fund and $23,000 from the Sale of Weapons Fund to the FY2007-08 Police Operating Budget re the Police Computer Crimes Unit and Wellness Center TRANSFER $150,000 from the FY 2006-07 TGIF Fund and $150,000 from Various Site Acquisitions to the FY2006-07 Planning and Community Development Operating Budget re the development of the Resort Area Strategic Action Plan TRANSFER $135,000 from Full-Time Salaries to Part- Time Salaries within the FY 2006-07 Operating Budget for the Virginia Aquarium Special Revenue Fund re increased personnel costs June 12, 2007 - 24- Item v.l. 6.a/b/c/d/e/f ORDINANCES ITEM #56543 (Continued) Voting: 10-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva June 12, 2007 1 AN ORDINANCE TO APPROPRIATE $596,077 2 IN ADDITIONAL COMMUNITY DEVELOPMENT 3 BLOCK GRANT (CDBG) AND HOME 4 PROGRAM INCOME TO THE DEPARTMENT 5 OF HOUSING AND NEIGHBORHOOD 6 PRESERVATION'S FY 2007-08 OPERATING 7 BUDGET 8 WHEREAS, more program revenue will be realized in the Department of 9 Housing and Neighborhood Preservation's CDBG and HOME Programs than 10 expected due to higher than estimated repayment of loans because of home re-sales 11 and re-financings. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 (1) That $116,208 from CDBG program income is hereby appropriated to the 17 Department of Housing and Neighborhood Preservation's FY 2007-08 Operating 18 Budget to provide additional grants to homeowners for home rehabilitation for facades 19 and home repair, with estimated revenue from program income increased 20 accordingly. 21 22 (2) That $479,869 from HOME program income is hereby appropriated to the 23 Department of Housing and Neighborhood Preservation's FY 2007-08 Operating 24 Budget to provide additional grants to non-profit organizations, and to increase 25 funding for rental security deposit assistance and to first-time home buyers, with 26 estimated revenue from program income increased accordingly. 27 28 Adopted by the City Council of the City of Virginia Beach, Virginia on this _12th 29 day of June, 2007. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY ~~ ~ forG:.-t~(f7.v Pt,I,.,hdrJfl' ~ ~ r;,--- Management Services City Attorney's Office 6---- CA 10405 R-2 May 23, 2007 Attachment to Ordinance to Appropriate Excess CDBG and HOME Program Income Revised 6/6/07 to Remove funding for Habitat Project Proposed Uses of HOME Funds Purpose/Organization Amount of New HOME Funds Program Reserves $150,000 Judeo Christian Outreach- New Construction: West $100,000 Lane Multi Family Judeo Christian Outreach- $29,869 Acquisition 1 Rehab First Time Homebuyer $150,000 Assistance Rental Security Deposit $50,000 Assistance Total New HOME Funds $479,869 to i\ppropriate Proposed Use ofCDBG Funds Purpose/Organization Amount of New CDBG Funds Homeowner Rehabilitation $58,000 - Fayade Program Homeowner Rehabilitation $58,208 - Home Repair Program Total New CDBG Funds $116,208 to i\ppropriate 1 AN ORDINANCE TO ACCEPT $60,000 FROM OTHER 2 COMMONWEALTH'S ATTORNEY'S OFFICES AND 3 APPROPRIATE $40,000 TO THE FY 2006-07 OPERATING 4 BUDGET OF THE COMMONWEALTH'S ATTORNEY'S 5 OFFICE AND $20,000 TO THE FY 2007-08 OPERATING 6 BUDGET OF THE COMMONWEALTH'S ATTORNEY'S 7 OFFICE TO UPGRADE THE VIRGINIA COMMONWEALTH'S 8 ATTORNEY INFORMATION SYSTEM (VCAIS) 9 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 13 That $60,000 is hereby accepted, with $40,000 appropriated to the FY 2006-07 14 Operating Budget of the Commonwealth's Attorney's Office and $20,000 appropriated to 15 the FY 2007-08 Operating Budget of the Commonwealth's Attorney's Office to upgrade the 16 Virginia Commonwealth's Attorney Information System, with revenue from the 17 commonwealth reflected accordingly. 18 19 Requires an affirmative vote by a majority of the members of the City Council. of Adopted by the Council of the City of Virginia Beach, Virginia on the 12th June 2007. day Approved as to Content: Approved as to Legal Sufficiency: ~~~ City Attorney's Office CA 10425 R-3 June 1, 2007 COMMONWEALTH a/VIRGINIA Commonwealth IS Attorneys' Services Council Past OffICtl Box 3549, Williamsburg, Vi'9inia 231,87-3549 Telephone: (7S7) 2S3-4146 Fax: (757) 253-7159 EmaH: cascoff@wm.edu Website: WWW.Ci1S.sliIte.va.U5 Date: March 12,2007 To: Commonwealth's Attorneys - VCAlS Jurisdictions From: Bob Harris Re: VeAlS Version 3 As most of you know, the basic design ofVCAIS has not changed significantly since the release of Version 2 in 2000. This past year the City of Virginia Beach funded a project to refresh the core design ofVCAlS and the result is veAls Version 3.0. I am writing to let you know about the features of Version 3 and the current plans to make the updated version available to the 45 VCAlS jurisdictions, In a nutshell, the new Version 3 is a very good product; those jurisdictions that choose to upgrade will be asked to share in the development cost; Council asks you to be patient as we work to schedule upgrades; and, Version 2 will continue to provide the same perfonnance if you do not upgrade. The rest of this letter is the details. veAls VERSION 3 The VCAlS User's GToup submitted a list of requests and suggestions based on users' experience with the existing product and Virginia Beach was able to incorporate many of the changes into the Version 3 design. There are numerous benefits to the new design, the most significant of which are 'listed below: Design Stabilization: One of the biggest challenges in VCAlS has been the badly fragmented core design that has developed since 2000. Each new installation received a slightly different, more evolved version ofVCAIS. One of the primary goals of Version 3 is to fix and unify this constantly changing design. Version 3 will have what Lotus Notes calls a design template that contains the basic core design of VCAlS. As new changes and bug fixes are added to the design, the template will be updated and replicated automatically to each VCAlS server in our domain. The individual Domino server automatically will update the design of VCAlS at each site. The design template will be carefully controlled to ensure the integrity of the core design. Version 3 preserves one of the biggest strengths ofVCAlS: the flexibility that allows each site to have features unique to the site. That means local customization of the VCAlS form documents (e.g., subpoenas, indictments, transportation orders, and witness letters) will remain under complete control of the local jurisdiction and local custom features will be protected from change in the template update process. Performance Stabilization: VCAlS Version 2 uses a two-database design to contain the data; the Open Case Database and the Closed Case Database. The size of the open case database is reasonably stable but the natural growth over time of closed cases in every jurisdiction slows performance in the closed case database. . More significantly, the process of closing an open case in the open case database takes longer and longer because the process that moves the case requires an update to all of the active indices in the closed case database. Version 3 uses a three-database design: an open case databaset a closed case database and an archived case database. The archived case database contains cases that meet a pre-defined age threshold. Cases are moved from the closed case database to the archive on a nightly basis by a scheduled program process. Index refreshes of the growing archive database occur after normal working hours when user load is small and server availability is at a maximum. Cases in the open case database will continue being closed as before and the more stable size of the closed cas'e database allows the process of updating indices to remain consistent. This design has been in operation in Virginia Beach for over six months and has proved to be effective solution to the performance dilemma. The streamlined and compact index structure of the archived case database should offer long-term performance consistency for even the largest offices. . User Interface Modernization' The VeAlS Version 2 user interface was based on the technology available in Lotus NoteslDomino version 4,6, Lotus Notes is now in version 7,0.2 with version 8.0 now in beta testing. The VCAlS user interface takes advantage of these new capabilities and gives the screens an updated appearance. Functionality of the various buttons and menus has not changed. Bug Fixes: A number ofminor~ annoying bugs in the VeAlS Version 2 application have been corrected. The most noticeable one caused some cases that were closed to remain in the open database. Another error did not allow the name of the defense attorney to be pushed down to new events. Dialog boxes used to select charges on events have been improved to allow a more precise selection of charges. The box now includes victim's name and date of offense. New Capabilities and Features: . Version 3 allows simultaneous searching of defendant information in open, closed and archived databases and the search result includes the number of cases available in each database with links to all three databases, In Version 2 the Open and Closed databases had to be searched separately. . A new document type has been added that allows detailed information of forensic evidence submission and tracking. . Version 3 provides a new capability for copying witness information from one case to another: lIDs change is helpful in cases where there are codefendants and eliminates having to enter the same witness information on all cases. . VCAlS Version 2 supported only a single offense date; Version 3 enables the user to specify a range of dates. . Version 3 adds a greatly enhanced closing letter program. The pro~am reviews a case that has been concluded, gathers all sentence infonnation and prepares a closing letter to selected witnesses. . Version 3 checks court event dates to avoid entering weekends and court holidays. Override capabilities give complete control to the user. . Version 3 includes a new application to manage asset forfeiture cases. It allows automation and standardization of asset forfeiture documents and procedures. [Microsoft Word templates for the majority of orders and letters are required for the asset forfeiture management application.] . Version 3 users now have the ability to enter gang affiliation from a locally-defined pick list. . Version 3 has the capability to include alternate address information so home and work addresses can be recorded with witness information. . The enhanced Version 3 Multiple Charge feature is easier to use and allows for entry of different victim information for each of the charges. . Version 3 permits entry of multiple victims on indic1ments. . Version 3 has a new database that will track restitution details for those offices that monitor restitution. . Version 3 has added five new variables that can be added to the language that makes up the body of the indictment. This highly sought after change provides significant enhanced capabilities in offenses like forgery and uttering, use of false identification, credit card fraud and drug offenses. UPGRADING COSTS MONEY VCAlS is now more than seven years old. Initial funding for VeAlS was provided by Federal grant funds and a one-time investment from the Public Defenders led to Version 2. The Commonwealth's Attorney's Services Council does not have a budget line item for VeAlS except for the services of the Lead Engineer. The Commonwealth of Virginia funnels all IT investments through the Virginia Information Technology Agency (VITA) and VITA does not provide support for Lotus Notes and Domino as approved technologies for state agencies. A 200S review of VCAlS by an outside contractor found that the underlying structure of veAls was sound, the use of Lotus Notes and Domino as the platform was appropriate and replacement with other technology would require a major financial investment. The current upgrade is substantially less expensive. Virginia Beach funded the development ofVCAlS Version 3 at a cost of approximately $50,000. During the process, it was suggested that participating VCAlS jwisdictions share in the development costs in proportion to their usage ofVCAlS. A schedule was prepared that reflects each office's share and that schedule is attached. The funds will be paid to the Virguna Beach Conunonwealth's Attorney's office which plans to deposit the funds in that office's technology budget. Checks should be made out to ''The Treasnre of the City of Virginia Beach" :{:Ju:.T MAILED TO: Office of the Commonwealth's Attorney-Virginia Beach c/o A.B. Chapman, Administrator. 2425 Nimmo Parkway Virginia Beach, Virginia 23456 Plefl:Se ensure that the checks, are sent directlv to the Vueinia Beach Commonwealth 's... Attornev's offICe. A check sent straight to the Treasurer's office would be deposited in the City of Virginia Beach General Funds. The Virginia Beach Commonwealth's Attorney's Office will be happy to send you an invoice for the upgrade, and this may help speed the process through your County or City Administrat9rs infrastructure. If you desire such an invoice, please contact: Vickie P. Rogers~ (757) 385-8723 or e-mail: VRo~rtiloca.vbll:ov.com. Also, Lotus Notes has changed significantly since 2000 and the contractor who did the Version 3 programming used many of the newly added Lotus Notes features to add functionality to VCAlS. Consequently, Version 3 requires a more up-to-date version of Lotus Notes (the workstatiQn client) and Domino (the server platform) than was needed for the earlier version of VCAlS. Version 3 requires Lotus Notes and Domino version 6.5.5 or newer to ell8ure compatibility. If you are. not UBin2' this newer venion of Notes yOU will need to uDuade to the most current version~ Purchase of updated Lotus software is the responsibility of the local jurisdiction and the software licenses must be obtained via your nonnal IT software procurement process. The CASe engineer will be happy to cooperate with your IT resources to identitY the proper components that need to be ordered and he will work with your office to install the new version of Lotus. UPGl\ADING TAKES TIME There are more than 45 offices running Version 2 of VCAlS and the conversion process will take some time. CASC has one full-time support resource for VCAlS who already is regularly overscheduled by local emergencies. Council is investigating ways to add manpower to the upgrade process. Converting veAls Version 2 to Version 3 requires significant work. The Virginia Beach installation required an entire 3-day weekend of data conversion. This is not a do-it-yourself conversion. A careful screening of the existing local design is necessary to ensure that al1local customizations are retained in the new design on the local server. Conversion processes for smaller sites will be much quicker but will still require a period of down-time for VeAlS operations as the design changes are applied and the existing data converted. C01IDCil will schedule VeAlS upgrades of jurisdictions that have made arrangements with Virginia Beach for assisting in the cost of Version 3. Be prepared to wait until a site visit can be reasonably scheduled. It will not be strictly first-come, fust-served, but will accommodate CASC's engineer's schedule and the most efficient use of his time. VERSION 2 STILL WORKS J.......--- Because the existing design of VCAlS 2 does not depend on a central template and there is no central replica of the VeAlS application, the timing of the upgrade is not critical. Version 2 will continue to provide the same performance for as long as you care to run it. The features offered by Version 3 are significant, this is a clear step in the evolution of an operational program. Council will continue to provide support for VeAlS Version 2 as needed but no new features will be added to the Version 2 design. Support will be limited to resolving operational problems. All future veAls design enhancements will build on the Version 3 design template. SHARED COST SCHEDULE The following schedule is based generally on the following formula: scale 1-2 altOmeyP $!joo ,3-5 ."'~ 1160 ,&-10 dom.. $1,000 11-1$ ~ ",500 : 16'-%0 ~ $2,000 21~ aIlOrneys -43.000 2.8-30 a\tClrp8YP$4.ClIlO 31-1' allDfTMlYB" $6.000 1 AN ORDINANCE TO APPROPRIATE $38,563 FROM COST 2 RECOVERY REVENUE AND $10,716 FROM THE FIRE 3 DEPARTMENT GIFT FUND TO THE FIRE 4 DEPARTMENT'S FY 2006-07 OPERATING BUDGET 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 1. That $38,563 in cost recovery revenue is hereby appropriated to the Fire 10 Department's FY 2006-07 Operating Budget for reimbursement of various costs, 11 with miscellaneous revenue increased accordingly. 12 13 2. That $10,716 in additional gift fund revenue is hereby accepted and 14 appropriated to the Fire Department's FY 2006-07 Operating Budget to support 15 several fire programs with gift fund revenue increased accordingly. 16 Requires an affirmative vote by a majority of the members of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 12t.h day of June , 2007. Approved as to Content: Approved as to Legal Sufficiency: ~~~ ;:e~ r City Attorney's Office CA 1 0424 R4 June 1, 2007 1 AN ORDINANCE TO APPROPRIATE $49,572 FROM THE 2 DEA SEIZED PROPERTY SPECIAL REVENUE FUND AND 3 $23,000 FROM THE SALE OF WEAPONS FUND TO THE 4 POLICE DEPARTMENT'S FY 2007-08 OPERATING 5 BUDGET TO PURCHASE REPLACEMENT COMPUTER, 6 FORENSIC LAB, AND FITNESS EQUIPMENT FOR THE 7 POLICE DEPARTMENT'S COMPUTER CRIMES UNIT AND 8 THE WELLNESS CENTER 9 10 WHEREAS, the Police Department has identified $49,572 within the FY 2007-08 11 DEA Seized Property Special Revenue Fund and $23,000 from the FY 2007-08 Sale of 12 Weapons Fund for the purchase of replacement computer, forensic lab, and fitness 13 equipment; and 14 15 THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 16 BEACH, VIRGINIA: 17 18 That $49,572 is hereby appropriated from the DEA Seized Property Special 19 Revenue Fund and $23,000 is hereby appropriated from the Sale of Weapons Fund to the 20 Police Department's FY 2007-08 Operating Budget for the purchase of replacement 21 computer, forensic lab, and fitness equipment. 22 23 Requires an affirmative vote by a majority of the members of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of ,2007. Juno Approved as to Content: Approved as to Legal Sufficiency: ~~~ Manag e t Services -:7? 1 -- L .~ ~c. ~1.R/!.~.(.6/[ r City Attorney's Office CA 10428 May 31,2007 R2 REQUESTED BY COUNCIlMEMBER UHRIN 1 AN ORDINANCE TO TRANSFER $150,000 FROM THE FY 2 2006-07 TGIF FUND AND $150,000 FROM CIP #3-368, 3 VARIOUS SITE ACQUISITIONS, TO THE DEPARTMENT OF 4 PLANNING AND COMMUNITY DEVELOPMENTS FY 2006-07 5 OPERATING BUDGET FOR A RESORT AREA STRATEGIC 6 ACTION PLAN 7 8 WHEREAS, in December of 2005, City Council adopted an Oceanfront Resort Area 9 Plan, Resort Area Design Guidelines and a number of related amendments to the City 10 Zoning Ordinance. 11 12 WHEREAS, subsequent efforts are necessary to further refine the content of these 13 adopted documents to further express the City's vision for the Oceanfront Resort Area. 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 18 1. That $150,000 is hereby transferred from the FY 2006-07 TGIF Fund to the 19 Department of Planning and Community Development's FY 2006-07 Operating Budget; 20 and 21 22 2. That $150,000 is hereby transferred from CIP #3-368, Various Site Acquisitions, 23 to the Department of Planning and Community Development's FY 2006-07 Operating 24 Budget for the solicitation of proposals for a Resort Area Strategic Action Plan. 25 26 Requires an affirmative vote by a majority of the members of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 ?th day of June , 2007. Approved as to Content: Approved as to Legal Sufficiency: ~~~ ~~ City Attorney's Offir CA 1 0383 May 31,2007 R-2 1 AN ORDINANCE TO TRANSFER $135,000 FROM 2 FULL-TIME SALARIES TO PART-TIME SALARIES 3 WITHIN THE VIRGINIA AQUARIUM SPECIAL 4 REVENUE FUND TO COVER INCREASED COSTS 5 6 7 WHEREAS, the Virginia Aquarium and Marine Science Center uses part-time 8 labor for a variety of functions; and 9 10 WHEREAS, the Aquarium Special Revenue Fund has the required funding to 11 transfer from full-time salary accounts to part-time salary accounts; and 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 1. That $135,000 is hereby transferred within the FY 2006-07 Operating 17 Budget of the Virginia Aquarium Special Revenue Fund to cover increased 18 personnel costs. 19 20 Adopted by the Council of the City of Virginia Beach, Virginia on the 12th day 21 of June ,2007. Approved as to Content: Approved as to Legal Sufficiency: Z;h/~~ ~ City Attorney's Office CA 10429 May 31,2007 R1 - 25 - Item V-J.1. PLANNING ITEM #56544 1. M & M CONTRACTORS, INC. 2. GARNETT POINT ROAD, L.L.c. 3. SOUTH INDEPENDENCE ACQUISITION, L.L.c. 4. SOUTH HAMPTON ROADS HABITAT FOR HUMANITY 5. DTG OPERATIONS, INC. 6. DARK AGE ENTERPRISES, L.L.C. MODIFICATION of Condition No. 1. ConduwnalUsePermu (Approved: 7/3/2001/amended 2/26/2002 and Indefinitely Deferred 1/31/2006) CONDITIONAL CHANGE OF ZONING CONDITIONAL CHANGE OF ZONING CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT June 12, 2007 - 26- Item V-J. PLANNING ITEM #56545 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED Items 1, 2. 3 (Deferred), 5 and 6 of the PLANNING BY CONSENT AGENDA. Item J.3 (South Independence Acquisition, 1.1. c., was DEFERRED, BY CONSENT, until the City Council Session of June 26, 2007. Voting: 10-0 (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, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva June 12, 2007 - 27- Item V-J.1. PLANNING ITEM #56546 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council MODIFIED Ordinance upon application of M&M CONTRACTORS, INC. for a Modification of Condition No.1 on a Conditional Use Permit (approved by City Council on July 3,2001, amended and approved February 26, 2002, and indefinitely deferred January 31, 2006) at 533 South Lynnhaven Road re additional storage space (The request is to allow an additional 4,225 square feet of additional storage space to the north of the existing facility.) ORDINANCE UPON APPLICATION OF M&M CONTRACTORS, INe. FOR A MODIFICATION OF CONDITIONS FOR A CONDITIONAL USE PERMIT APPROVED BY THE CITY COUNCIL ON FEBRUARY 26, 2002. BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of M&M Contractors, Inc. for a Modification of Conditions for a Conditional Use Permit approved by the City Council on February 26, 2002. Property is located at 533 South Lynnhaven Road (GPIN 14962713680000). DISTRICT 3 - ROSE HALL. The following conditions shall be required: 1. All conditions of the Conditional Use Permit granted by the City Council on July 3, 2001, with the exception of Condition Number 1, and all conditions of the Modification of Conditions granted by the City Council on February 22, 2002, shall remain in affect. Condition Number 1 of the July 3, 2001, Conditional Use Permit is deleted and replaced with the following: When the property is developed, it shall be developed substantially as shown on the exhibit entitled, "Conceptual Site Layout and Landscape Plan of Wyoming Mini Storage, South Lynnhaven Road, Virginia Beach, VA," prepared by MSA, Inc., dated September 7, 2004. 2. The architectural design elements and exterior building materials shall be substantially in conformance with those depicted on the elevation entitled "Proposed Detail Elevations, Morton Realty Property, Self Storage Facility, "prepared by Sampson and Associates Architects, P.e., dated November 21, 2001, with one exception: the use of Nichihafiber cement Brestone - Forest Brown shall be substituted in lieu of the previously required brick on the block far;ade facing South Lynnhaven Road and any other blockfar;ade visible from South Lynnhaven Road. June 12, 2007 - 28 - Item V-J.l. PLANNING ITEM #56546 (Continued) Voting: 10-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva June 12, 2007 - 29- Item V-J.2. PLANNING ITEM #56547 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of GARNETT POINT ROAD, L.L.C. for a Conditional Change of Zoning at 416-516 Garnett Point re the construction offorty (40) single-family dwellings. ORDINANCE UPON APPLICATION OF GARNETT POINT ROAD, LLC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROMA-12 TOCONDITIONALA-12 WITHA PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT o VERLA Y Z06071282 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Garnett Point Road, L.L.c. for a Chanf!e of Zoning District Classification from A -12 Apartment District to Conditional A-12 Apartment District with a PD-H2 Planned Unit Development District Overlay on property located at 416-516 Garnett Point Road (GPINs 1467688397; 1467780500; 1467780653). DISTRICT 2 - KEMPSVILLE The following condition shall be required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court and is hereby made a part of the record.. 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 June Two Thousand Seven Voting: 10-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva June 12, 2007 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6637 DATE: May 29,2007 FROM: Leslie L. Lilley -.. &\).J B. Kay Wilson DEPT: City Attorney TO: DEPT: City Attorney RE: Conditional Zoning Application: Garnett Point Road, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on June 12, 2007. I have reviewed the subject proffer agreement, dated February 27,2007 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 GARNETT POINT ROAD, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 27th day of February, 2007, by and between GARNETT POINT ROAD, L.L.C., a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of three (3) contiguous parcels of property located in the Kempsville District of the City of Virginia Beach, containing approximately 3.71 acres which are more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcels are herein collectively referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from A-12 Apartment District to Conditional A-12 (PD-H2) Apartment District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, 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 cope with the situation to which the Grantor's rezoning application gives rise; and, PREPARED BY ~m SYHS.IWL'PDON. GPIN: 1467-68-8397 mil Al-ERN &. Lrv'Y. p,c. 1467-78-0500 1467-78-0653 1 WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the A-12 (PD-H2) Apartment Zoning District by the existing overall Zoning Ordinance, 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 Grantor, for itself, its successors, personal representatives, assigns, grantee, 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 Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property IS developed as a residential condominium, the "GARNETT'S WATCH CONCEPT LAYOUT", dated February 26, 2007, prepared by Kimley-H'orn and Associates, Inc. ("Concept Plan"), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, shall be substantially adhered to so that there shall be coordinated design and development of the site in terms of vehicular circulation, parking, buffering, landscaping, building location, building orientation, and recreational amenities to better foster a sense of community. 2. When the Property is developed, vehicular Ingress and Egress to the Property shall be limited to one (1) entrance from North Garnett Point Road. 3. When the Property is developed, there will be no more than forty (40) single PREPARED BY family condominium dwelling units utilizing the setbacks and land use plan designated ~m SYKhS, ~OUJDOi'!, and depicted on the Concept Plan. m AtlIR?:& IX\'Y. P.e. 2 4. The architectural design of the residential buildings will be substantially as depicted on the three (3) exhibits entitled "ARCHITECTURAL ELEVATIONS - GAR..l\~'ETI'S WATCH"", dated November 15, 2006, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). 5. The areas depicted on the Concept Plan which will not be occupied by buildings, including drive aisles, parking areas, setbacks, landscaping features, and fencing are open spaces which may only be utilized as such. Open Spaces shall be rezoned to P-1 Preservation District prior to Site Plan Approval and shall be maintained and used by the Condominium Association consistent with the intent and regulations set forth in Article 3 of the Zoning Ordinance ("Preservation District"). 6. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until 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. PREPARED BY: The Grantor covenants and agrees that: ~ SVHS.. R. ammo;\, (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be m rllifRl\' &. U:YY. P.c. vested ,.vith all necessary authority, on behalf of the governing body of the City of Virginia 3 PREPARED BY: (;I]J svns. gOURDON. OJ A!-Irn~ &. LD'Y. P.c. Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for 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 name of the Grantor and the Grantee. 4 PREPARED BY m.m SYKES. ::JOL';.(JO:t WN:i'II j 'IT"RN ~ ''','\' P r WI!I. tr..:.:t..1 'lX l..:t. ..:.. .'._. WITNESS the follo\\ing signature and seal: I II 'I I II I Ii II I: Ii I I I STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: Grantor: Garnett Point Road, L.L.C., a Virginia limited liability company .. , /(' ; . /'?? I ,/ I I-;~ " /' ,~/ , ~ I ,/. .. '/'. .. ," .r --,-// ...ci- ,-0',1....- 1,,'jVt:!)'~;,..0<... .' Steven Bishard, Managing Member By: (SEAL) The foregoing instrument was acknowledged before me this 28th day of February, 2007, by Steven Bishard, Managing Member of Garnett Point Road, L.L.C., a Virginia limited liability company, Grantor. I pi". / -./ / J! /1 7tJ ~ 'f -----.- /)) __.....; r. ! :. /' \' <'" .1/... v " \. I . ;' Notary Public ,1 /, ~ ,ni' i) /111 I ~"I .;".1 / J/ :' v"L">oc--.L- My Commission Expires: August 31, 2010 5 PREPARED BY: ~m SI'](tS, :gOURDD~, B'iI\lJ~l;>\, Q Lrvv j.l L- 00 c' t i:.h' lX :t. .. . . I EXHIBIT "A" PARCEL I: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon and the appurtenances belonging, lying, situate and being in the City of Virginia Beach, Virginia and known, numbered and designated as the western one-half of Section "F" as shown on the plat of property of Minnie L. Woodward, 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 22, at Page 71, and with reference to said plat being more particularly bounded and described as follows, to-wit: BEGINNING at a pin marking the northeast corner of the property herein conveyed, v,'hich pin is also set in the dividing line between Sections "F" and "G" and is 239.20 feet as measured along a course N. 560 45' W. from a pin set at the northeast corner of Section "F", all as shown on the aforesaid plat of Minnie L. Woodward, and from said point of beginning running thence N. 56045' W. 252 feet to a point set in the eastern line of North Garnett Point Road; thence turning and running on a course S. 160 12' W. along the eastern line of North Garnett Point Road a distance of 175.70 feet to a point; thence turning and running on a course S. 560 45' E. a distance of 252 feet to a pin set at the southeast corner of the property hereby conveyed; thence turning and running on a course N. 16012' E. a distance of 175.70 feet to the point of beginning. i LESS AND EXCEPT that certain strip of land 10 feet in width dedicated to the City of Virginia Beach for Road purposes as shown on plat recorded in Map Book 55, Page 41. GPIN: 1467-68-8397 PARCEL II: ALL THAT certain lot, piece or parcel of land, lying and being in Kempsville District, City of Virginia Beach, formerly Princess Anne County, Virginia, designated as Section "G" as shown on the plat of property of Minnie L. Woodward, near Davis Corner, Virginia Beach, formerly Princess Anne County, Virginia, made by W. B. Gallup, County Surveyor, bearing date November 25, 1947, and more particularly bounded and described as follows: BEGINNING at a point on the Eastern line dividing the property of Minnie L. Woodward from the property now or formerly belonging to Martin, which point is the dividing line between Sections "F" and "G", as shown on the hereinabove mentioned plat; which said plat is recorded with a certain deed from Minnie L. Woodward to Elvert R. Johnson, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, formerly Princess Anne County, Virginia, and running thence North Fifty-Six Degrees, Forty-Five Minutes (560 45') West Five Hundred Eleven and Two Tenths (511.2') feet to the Eastern line of a Twenty (20') Foot right of way; thence North Sixteen Degrees, Twelve Minutes (160 12') East along said line of said right of way One Hundred and Eighty-One (181') Feet to the dividing lines between Sections "G" and "H"; thence South Fifty-Six Degrees, Forty-Five Minutes (560 45') East Four Hundred Ninety-Seven and one-half (497 112) feet to the 6 PREPARED BY: ~ syns, QOL'RDO\'. r.1od _\1T-ry\ 9 L~\'\' ,,~ AlU. tll.~,1J( ~... Y.l. dividing line of the said Woodward and Marti property; thence South Twelve Degrees, Eight Minutes (120 8') East One Hundred Eighty-Five (185') Feet to the point of beginning. TOGETHER with a right of way the width of Twenty (20') feet running to the Virginia Beach Boulevard, as shown on said plat. LESS AND EXCEPT that portion of land 30 feet in width dedicated to the City of Virginia Beach for road purposes as sho'\o\-'ll on plat recorded in Map Book 55, Page 41. GPIN: 1467-78-0500 PARCEL III: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate in the City of Virginia Beach, Virginia and known, numbered and designated as part of Lot H, as shown on the plat of property of Minnie 1. Woodward, located near Davis Corner, 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 22, at Page 71, particularly described as follows, to-wit: BEGINNING at a point on the Eastern side of North Garnett Pont Road in the dividing line between Lots H and I, as shown on the above plat; thence South 56 degrees 45 minutes East along the said dividing line between Lots H and I a distance of 455.99 feet to a point; thence South 12 degrees 08 minutes West a distance of 92.82 feet to a point in the dividing line between Lots Hand G, as shown on the above plat; thence North 56 degrees 45 minutes West along the said dividing line between Lots Hand G a distance of 463.06 feet to a point in the eastern side of North Garnett Point Road; thence Northerly along the eastern side of said North Garnett Point Road North 16 degrees 18 minutes 40 seconds east a distance of 90.51 feet to the point of beginning; said parcel being shown on Physical Survey of Lot H, #516 North Garnett Point Road, Property of Minnie 1. Woodward, Map Book 22, Page 71, for Charles E. Ross, Nedra K. Ross and Stephan Van Wart, dated August 8,1995, made by Langley & McDonald, P.C. and recorded in Deed Book 3533, at Page 1751. GPIN: 1467-78-0653 Conditiona!Rezone/ GarnettPointRoad/Proffer2.C!ean Rev.2/28/07 7 - 30 - Item V-J.3. PLANNING ITEM #56548 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED until the City Council Session of June 26, 2007, Ordinance upon application of SOUTH INDEPENDENCE ACQUISITION, L.L.C., for a Conditional Change of Zoning, "Spence Farm", re 103 single-family dwellings, 347 townhomes and 230 twin townhomes and Senior Housing.: ORDINANCE UPON APPLICATION OF SOUTH INDEPENDENCE ACQUISITION, L.L.c. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5D AND R-10 TO CONDITIONAL A-36, CONDITIONAL B-4 AND CONDITIONAL A-12 WITH A PD-H2 OVERLAY Ordinance upon application of South Independence Acquisition, L.L. C. for a Change of Zoning District Classification from R-5D and R-10 Residential Districts to Conditional A-36 Apartment District, Conditional B-4 Mixed Use District and Conditional A -12 Apartment District with a P D-H2 Overlay on property located on the southeast and southwest corners of South Independence Boulevard and Princess Anne Road and 1632 Salem Road (GPINs 1485050352; 1485251012; 1475856017). DISTRICT 1 - CENTERVILLE & DISTRICT 7 - PRINCESS ANNE Voting: 10-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva June 12, 2007 - 31 - Item V-JA. PLANNING ITEM #56549 Attorney Edward Bourdon, Pembroke Office Park, Building One, 281 Independence Boulevard, Phone: 499-8971, represented the applicant and requested DEFERRAL until August 14, 2007. His clients have spoken to Kenneth Lacy, President - Lynnhaven Woods Civic League, re storm water runoff and will make arrangements to meet with the Lynnhaven Woods Civic League. Upon motion by Council Lady McClanan" seconded by Councilman Dyer, City Council DEFERRED until the City Council Session of August 14, 2007, Ordinance upon application of SOUTH HAMPTON ROADS HABITAT FOR HUMANITY, INC.for a Conditional Change of Zoning re the construction of a ten (10) unit residential condominium ORDINANCE UPON APPLICATION OF SOUTH HAMPTON ROADS HABITAT FOR HUMANITY, INC FOR A CHANGE OF ZONING DISTRICT CLASSIFICA TION FROM R-7. 5 TO CONDITIONAL A-12 Ordinance upon Application of South Hampton Roads Habitat for Humanity, Inc. for a Change ofZoninz District Classification from R-7.5 Residential District to Conditional A-12 Apartment District on property located on the east side of Zurich Arch, south of 1-264 (GPIN 1487939540). DISTRICT 3 - ROSE HALL Council Lady McClanan reiterated the concern and reduced the Conditional Use Permit from a ten (10) unit to a six (6) unit residential condominium. The Memorandum of Understanding (MOU) Committee met on April 26, 2007, and was of the opinion that there are no other reasonable uses for the property that are compatible with the Navy's AICUZ Program guidelines. A maximum development potential of the site, six (6) unit residential condominium is not unreasonable. This application is within the 65-70 dB DNL Noise Zone. Voting: 10-0 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva June 12, 2007 - 32 - Item V-J.5. PLANNING ITEM #56550 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of DTG OPERATIONS, INC. for a Conditional Use Permit re motor vehicle rentals within an existing shopping center: ORDINANCE UPON APPLICATION OF DTG OPERATIONS, INC. FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE RENTALS R060734227 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CIIT OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of DTG Operations, Inc. for a Conditional Use Permit for motor vehicle rentals on property located at 3750 Virginia Beach Boulevard, Suite 1 (GPIN 1487444873). AICUZ is Less than 65 dB Ldn. DISTRICT 5 - LYNNHA VEN The following conditions shall be required: 1. Hours of operation shall be Monday thru Friday, 8:00 a.m. to 6:00 p.m. and Saturday 8:00 a.m. to 2:00 p.m. 2. No outside paging or sound amplification system shall be permitted. 3. No additional freestanding signs beyond what currently exists on the site shall be permitted. 4. No more than 10 rental motor vehicles shall be allowed on the site at any time. Rental vehicles shall be parked in the area designated on the site plan as "Permitted area for parking or tenant's rental vehicles" prepared by The Vision Group, dated February 27, 2007, entitled Birchwood Shopping Center Suite 1. 5. There shall be no sale of automobiles on the site. 6. There shall be no on-site washing, detailing or maintenance of any motor vehicles on the site. 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 June Two Thousand Seven June 12, 2007 - 33 - Item V-J.5. PLANNING ITEM #56550 (Continued) Voting: 10-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva June 12, 2007 - 34 - Item V-J. 6. PLANNING ITEM #56551 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of DARK AGE ENTERPRISES, L.L.c. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF DARK AGE ENTERPRISES, L.L.C FORA CONDITIONAL USE PERMIT FORA CAR WASH R060734228 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Dark Age Enterprises, L.L.C for a Conditional Use Permit for a car wash on property located at 590 Baker Road (GPIN 1468302759). AICUZ is Less than 65 dB Ldn. DISTRICT 2 - KEMPSVILLE The following conditions shall be required: 1. The site shall be developed in substantial conformance with the submitted site plan prepared by The Livas Group Architects p, C 2. The structure shall be modified in substantial conformance with the submitted elevation prepared by The Livas Group Architects P. C 3. The applicant shall submit a landscape plan for review and approval showing required landscaping around the existing freestanding sign and showing the location of existing and proposed site landscaping. At minimum, three additional trees of at least 2-inch caliper shall be installed. 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 June Two Thousand Seven June 12, 2007 - 35 - Item V-J. 6. PLANNING ITEM #56551 (Continued) Voting: 10-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva June 12, 2007 - 36 - Item V-K.1. APPOINTMENTS ITEM #56552 By CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: OPEN SPACE ADVISORY COMMITTEE June 12, 2007 - 37 - Item V-K.2. APPOINTMENTS ITEM #56553 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: *City Council adopted ordinances pertaining to this appointive agency in City Code Section 6- 166 and an amendment to the By Laws on June 12, 2007. The new By Laws define the Commission's "purpose is to review issues referred to it concerning access, preservation and development of the City's beaches and waterways; and, to serve as the City's local Erosion Advisory Commission. " The Commission shall be comprised of eleven (J 1) Members, one from each of the seven (7) Districts andfour (4) At Large. Terms shall be 3 years: The appointments made on June 12, 2007 have been recorded: Thomas E. Fraim (Princess Anne) William A. Hearst (At Large) Stan E. Cawlfield (Kempsville) 3-year term - 07/01/2007 - 06/30/2010 3-year term - 07/01/2007 - 06/30/2010 Unexpired term plus 3-years - 06/30/2011 BEACHES and WATERWAYS COMMISSION *This Ordinance and Bylaws were revised June 26,2006. Voting: 10-0 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva June 12, 2007 - 37 - Item V-K2. APPOINTMENTS ITEM #56553 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: City Council adopted ordinances pertaining to this appointive agency in City Code Section 6-166 and an amendment to the By Laws on June 12, 2007, The new By Laws define the Commission's "purpose is to review issues referred to it concerning access, preservation and development of the City's beaches and waterways; and, to serve as the City's local Erosion Advisory Commission. " The Commission shall be comprised of eleven (11) Members, one from each of the seven (7) Districts andfour (4) At Large. Terms shall be 3 years: The appointments made on June 12, 2007 have been recorded: Thomas E. Fraim (Princess Anne) William A. Hearst (At Large) Stan E. Cawlfield (Kempsville) 3-year term - 07/01/2007 - 06/30/2010 3-year term - 07/01/2007 - 06/30/2010 3-year term - 07/01/2007 - 06/30/2010 BEACHES and WATERWAYS COMMISSION Voting: 10-0 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. Oberndorj John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva June 12, 2007 - 38 - Item V.K.3. APPOINTMENTS ITEM #56554 Upon NOMINATION by Council Lady Wilson, City Council APPOINTED: Linwood Branch (Chair) Rosemary Wilson (City Council) Robert M. Dyer (City Council) Delegate Terri Suit and Senator Frank Wagner (General Assembly Representatives) Rob Goodman (local business leader representing Virginia Beach Visions) Dr. Maggie Sizer (local business leader representing the Chamber of Commerce) Dan Baxter and Chandler Scarborough (Council of Civic Organizations' Representatives) Captain Thomas Keeley, USN, Retired (Citizen - Military Representative) James Cooper (Citizen Representative) BLUE RIBBON T~ FEE, and SPENDING TASK FORCE This Task Force is to serve in an advisory capacity to City Council. The Task Force shall create a Local Tax and Fee Subcommittee and a Local Spending Subcommittee. The Task Force shall report to the City Council no later than November 30, 2007 June 12, 2007 - 39 - Item V.X.3. APPOINTMENTS ITEM #56554 (Continued) Voting: 10-0 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva June 12, 2007 - 40- Item V-K.3 APPOINTMENTS ITEM #56555 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: William Brunke Joanne Griggs Leslie L. Lilley, City Attorney James K Spore City Manager John E. Uhrin Council Member James L. Wood, Council Member INTERNAL AUDIT COMMITTEE Voting: 10-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva June 12, 2007 - 41 - Item V-K4. APPOINTMENTS ITEM #56556 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Priscilla Beede Patrick L Shuler 3-year terms 09/01/2007-08/31/2010 REVIEW and ALLOCATION COMMITTEE (COG) Voting: 10-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva June 12, 2007 - 42- Item V-No ADJOURNMENT ITEM # 56557 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:38 P.M. ~___a_L~!-[~- Beverly 0. Hooks, CMC Chief Deputy City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia June 12, 2007