HomeMy WebLinkAboutJUNE 26, 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. DlEZEL, Kempsville - District 2
ROBERT M. DYER" Centerville - District I
BARBARA M. HENLEY, Princess Anne - District 7
REBA S. McCLANAN, Rose Hall - District 3
JOHN E. UHRIN, Beach .- District 6
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMbS L. WOOD, Lynnhaven -District 5
CITY COUNCIL AGENDA
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE:(757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycncl@vbgov.com
CI1Y MANAGER - JAMES K. SPORE
CITY ATTORNEY - LESLIE L. LILLEY
CITY CLERK - RUTH HODGES FRASER, MMC
26 JUNE 2007
1.
CITY COUNCIL BRIEFING - Conference Room -
1:00 PM
A. VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) -
Annual Activity Report
Andy Friedman, Director, Department of Housing and Neighborhood Preservation
Mary Kay Horoszewski, Executive Director
II. CITY MANAGER'S BRIEFINGS
A. WATER QUALITY BUFFER
Clay Bernick, Environmental Management Administrator - Planning
B. HEALTH CARE
James K. Spore, City Manager
III. CITY COUNCIL COMMENTS
IV. REVIEW OF AGENDA
V. INFORMAL SESSION
- Conference Room -
3:30 PM
A. CALL TO ORDER - Vice Mayor Louis R. Jones, Presiding
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V1. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCATION:
Reverend Dan B. Goff, DD
Pastor, Calvary Assembly of God
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 12, 2007
G. AGENDA FOR FORMAL SESSION
H. MAYOR'S PRESENTATION - Vice Mayor Louis R. Jones
1. ACHIEVEMENT for EXCELLENCE in FINANCIAL REPORTING
Government Finance Officers Association
Patricia A. Phillips - Director - Finance
1. CONSENT AGENDA
J. RESOLUTIONS/ORDINANCES
1. Resolution re a REGIONAL CONSENT ORDER dealing with sanitary sewer overflows
2. Resolution to EXTEND to January 1, 2008, the suspension of increases in health insurance
premiums for Retirees
3. Ordinances to ADD, AMEND, REPEAL and/or REORDAIN the City Code to reflect
provisions of the State Code as adopted by the 2007 General Assembly:
a. ~S 6-122 - 6-122.3 re administration of breath or blood tests from within two hours to
within three hours of boating under the influence
b. ~~2-462 and 2-464 re Sheriff being designated as the State mandated High Constable
c. ~~21-303, 21-307, 21-312 re State Inspection Decals and other parking prohibitions
d. S~23-22.1 and 23-22.2 re drinking alcoholic beverages in, and definition of, "public
places"
e. ~23-43.1 re disruptive passengers on public transportation constituting Class 4
Misdemeanor and defining "public transportation service"
f. ~38-2.1 re requiring fingerprinting for new concealed weapon permits only
4. Ordinances re Beaches and Waterways Advisory Commission
a. AMEND and REORDAIN ~6-162 of the City Code re terms of members
b. AMEND by-laws re removal of staggered terms
5. Ordinance to AUTHORIZE execution ofa Deed of Release and Exchange re an Agricultural
Lands Preservation (ARP) easement for GEORGE B., JR. and JUANITA F.
PENDLETON re a three acre building site at Indian Creek Road near Baum Road
DISTRICT 7 - PRINCESS ANNE
6. Ordinances to AUTHORIZE temporary encroachments into portions of City property by
DAVID F. and JERRY A. HARRIS to remove an existing float, ramp and pier to construct
the same and repair the pier at 700 Kennedy Avenue in Lake Rudee DISTRICT 6 - BEACH
7. Annual PERMIT RENEW AL for area private and non-profit EMS organizations:
American Lifeline Medical Transport
Children's Hospital of the King's Daughters
Eastern Shore Ambulance
Life EV AC of Virginia Medical Transport
Lifeline Ambulance Service, Inc.
Medical Transport
Nightingale Regional Air Ambulance
Network Medical Systems
8. Ordinance to APPOINT the Directors of Parks and Recreation, Planning and Public Works as
Viewers for one-year terms beginning July 1, 2007, re closures of City streets and alleys.
9. Ordinances to ACCEPT and APPROPRIATE grant funds from the Virginia Department of
Transportation (VDOT) to ESTABLISH new Capital Improvement Programs (CIP), Bicycle
and Pedestrian Safety, re installation of pedestrian signs and flashing lights:
a. $63,450 for P ACIFIC AVENUE between 5rh and 43rd streets
b. $36,288 for SHORE DRIVE between Kendall Street and Vista Circle
Ordinances to ACCEPT and APPROPRIATE:
c. $322,999 from the State Compensation Board and $235,479 from the Sheriff's Special
Revenue Fund to his budget re pay increases for uniformed personnel
d. $300,000 in earned revenue from admissions and store sales to the Virginia Aquarium
Special Revenue Fund
e. $29,983 from Eagle Cove Subdivision re Cash-in-Lieu-of-Park Reservation-Payment for
park improvement within the Indian River/Elbow Road corridor
f. $16,802 from the Virginia Tobacco Settlement Foundation re "Too Good For Drugs"
(TGFD) program to be administered by Parks and Recreation
g. $2,426 from the American Cancer Society to compensate Hampton Roads Transit (HRT) re
shuttle service for the Relay for Life fundraiser
K. PLANNING
1. Applications at 1763 Princess Anne Road DISTRICT 7 - PRINCESS ANNE
a. HAC PROPERTIES, LLC, re Modification of Proffer No 3 to allow low speed motor
vehicle sales, and future retail establishments, laboratories for the production and repair of
eye glasses, hearing aids and prosthetic devices (approved on June 22, 2004)
RECOMMENDA nON
APPROV AL
b. NORMA DIANE PAYNE HEWIT t/a ARGO OF TIDEWATER for a Conditional
Use Permit re sale oflow speed vehicles at 1763 Princess Anne Road
RECOMMENDATION
APPROV AL
2. Application of CAVALIER GOLF & YACHT CLUB for a Conditional Use Permit re a
golf club Agronomy facility at Kamichi Court. DISTRICT 5 - L YNNHA VEN
RECOMMENDATION
APPLICANT REQUESTS DEFERRAL TO JULY 10, 2007
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 ("Renaissance Park") DISTRICT 1 - CENTERVILLE
and DISTRICT 7 - PRINCESS ANNE
DEFERRED
RECOMMENDATION
PLANNING COMMISSION RECOMMENDA nON
MAY 22, & JUNE 12, 2007
APPROV AL
APPROV AL WITH PROFFER
L. APPOINTMENTS
BIKEW A YS AND TRAILS
HUMAN RIGHTS
OPEN SPACE ADVISORY COMMISSION
REVIEW AND ALLOCATION COMMITTEE - COG
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
CITYWIDE TOWN MEETINGS
September 18
Time and Location to be Announced
FY 2008-2010 Budget
November 20
Green Run Homeowners Association Building -7:15 pm
Srormwa~rPfflnsandFundmg
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
Cancelled
August 14
August 21
August 28
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 6/26/07st
www.ybgoy.com
- 1 -
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
June 26, 2007
Vice Mayor Louis R. Jones called to order the City Council Briefing re VIRGINIA BEACH
COMMUNITY DEVELOPMENT CORPORATION (VBCDC) in the City Council Conference Room,
City Hall, on Tuesday, June 26,2007, at 1:00 P.M
Council Members Present:
William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley,
Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin and
Ron A. Villanueva
Council Members Absent:
Mayor Meyera E. Oberndorf
[Attending Us. Conference of
Mayors 75th Annual Meeting]
Robert M Dyer
[Entered: 1:20 P.M - Luncheon]
Rosemary Wilson
[Entered: 1:35 P.M]
James L. Wood
[Entered: 1:30 P.M -Luncheon]
June 26, 2007
- 2 -
CITY COUNCIL BRIEFING
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC)
1:00 P.M.
ITEM # 56558
Andy Friedman, Director - Department of Housing and Neighborhood Preservation, advised the Virginia
Beach Community Development Corporation is a City Council appointed Board (created -1985), as well
as a special entity, a nonprofit 501(c)(3) corporation. The Virginia Beach Community Development
Corporation (VBCDC) owns real estate in the City worth considerably more than $20-MILLION plus
improvements valued at approximately $10-MILLION on this real estate. VBCDC has an annual
operating budget of approximately $3-MILLION VBCDC is considered a financial entity of the City
and is reviewed as part of the Comprehensive Annual Financial Report. The VBCDC has successfully
fulfilled their role by creating low and moderate income housing opportunities in the City. This has been
accomplished on a financially sound basis and VBCDC has become close to self-sustaining. VBCDC has
increased their assets, operating revenue and managed carefully. A growing role is envisioned for
VBCDC in the development of more affordable housing, as well as workforce housing. Mr. Friedman
introduced Mary Kay Horoszewski, Executive Director, Virginia Beach Community Development
Corporation.
Mary Kay Horoszewski recognized the Virginia Beach Community Development Board of Director
(appointed by City Council)
Greg Dragas
President
Barbara Clevenger
Vice President
Carol Hare
Secretary/Treasurer
Members
Elsie Barnes
Brian Camden
Ann K. Crenshaw
Chris Fanney
Denise Howard
Helen Moore
Emmanuel Voces
Skip Templeton
Ms. Horoszewski reiterated the VBCDC Purpose:
"Provide housing opportunities for low and moderate income families
and assist THE City in neighborhood revitalization"
June 26, 2007
- 3 -
CITY COUNCIL BR1EFING
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC)
ITEM # 56558 (Continued)
A flow chart was depicted, noting the City Council appoints the Board of Directors. The Executive
Director is employed by the Board of Directors. Currently three (3) departments; Finance, Community
Development and Operations, compose the VBCDC. At the present time, the staff consists of twenty-one
(21) members. The Operating Revenue for this Fiscal Year is approximately $2.9-MlLLION. 64.90% of
the Revenue is .from rental and other income, with 5.1% .from development fees, 22.5% - Federal Grants,
State Grants - 3.3% and City Funding - General Revenue - 4.1%.
VIRGINIA BEACH COMMUNITY DEVELOPMENT
CORPORA TIONIFISCAL YEAR 2007-2008
Operating Revenue 2006
. Development Fees
$149,077
5.1%
o Rental & Other
Income
$1,899,739
64.90%
. State Grants
$97,561
3.3%
I3l Federal Grants
$660,068
22.5%
o City Funding
$120,793
4.1%
June 26, 2007
- 4 -
CITY COUNCIL BRIEFING
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC)
ITEM # 56558 (Continued)
The Virginia Beach Community Development Corporation (VBCDC) has a Continuum of Housing.
Continuum of Housing
The Emergency Shelter houses two (2) families at anyone time for up to ninety (90) days. Transitional
Housing is temporary for families and individuals up to twenty-four (24) months. Individuals are eligible
for various case management services. Permanent Rental Housing serves individuals with disabilities,
low income elderly as well as families and individuals. The Homeownership program has been
accomplished through new construction, rehabilitation of existing properties and home buyer education.
Who Do We Serve?
. Low-moderate income families, elderly and disabled persons
. Homeless families and individuals
. 2/3 of the tenants make less than 50% of the area median income-$28,850
. The median income of tenants is $19,590, (for a family of three, this is less than 40% of the
area median income)
. 75% of the tenants are workingfamilies
. Of the 25% that do not work, the majority are disabled or elderly
Mary Kay Horoszewski displayed various examples of Transitional Housing. Approximately 267
properties are owned and scattered throughout the City.
The Transitional Housing Program provides housing and services: case management, life skills
education, childcare, utility assistance, education, transportation, health/dental, housing start-up and
food assistance. Photographs of Permanent Rental Housing, comprising units in the Green Run Area,
Lake Edward, Campus East, Kempsville, Oceana Area and Rosemont were depicted. Eight (8) units are
available for low income senior citizens. Beach Park is a small multi-family housing for persons with
disabilities. Beach Park is comprised often (10) units and is located behind the Arts Center. This project
is in cooperation with the Virginia Beach Human Services Department. Atlantis Manor, located in the
Bayside Area, Newsome Farm, is comprised of twelve (12) units and serves persons with disabilities.
Human Services staff res ides on-site in one of these units.
June 26, 2007
- 5 -
CITY COUNCIL BRIEFING
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC)
ITEM # 56558 (Continued)
A few years ago, a single family home, Gladiola Crescent Group Home, was purchased. A large addition
was added, comprised of a fifth bedroom and a second fully accessible bathroom. Five (5)
developmentally disabled residents reside in this home. Human Services staff is on-site, on a "24-hour, 7
day-a-week basis". Two (2) years ago, Bitnet Village was developed in cooperation with the Virginia
Beach Community Development Corporation, Housing and Neighborhood Preservation, Human Services,
and a non-profit BIZnet, Incorporated. The City donated the land to VBCDC, which was responsible for
obtaining the various grants and financing to construct two (2) intermediate care facilities. Biznet is
located off West Neck Road. Each of the two (2) buildings has twelve (12) bedrooms. Housing will be
provided for people with profound, developmental disabilities. Human Services' staff will be on-site, on
a "24-hour, 7 day-a-week basis". This project is approximately 80% complete, and, hopefully, an Open
House will be conducted in the Fall. The Homeownership program was commenced in 1987. An example
of the 10(jh house sold (Princess Anne District) to a First Time Homebuyer was depicted. Examples of
Rehabilitation of existing properties were also displayed.
In September 2002, Andrew Friedman, Mary Kay Horoszewski and staff traveled to Roanoke and
attended the Conference where they received at the Governor's Housing award for Best Housing
Collaboration. This award recognized VBCDC's project, under the Federal Low Income Housing Tax
Credit Program (32 scattered sites).
Achievements
. Assisted one hundred twenty-eight (128) families to purchase homes through "first time home
buyers" program
. Own/Manage two hundred sixty-seven (267) rental units on scattered sites in Virginia Beach
. Developed thirty-two (32) units for Low Income Housing Tax Credit project
. Fourteen (14) VBCDC Tenants purchased homes from VBCDC
. Developed housing for persons with disabilities
. Lead agency for HUD Homeless Management Information System
. Expanded partnerships: with DHS & Biznet, Inc.
. Conducted First time Buyer Education Program
Vision for the Future
. Assist in Operating the Workforce Housing Program
. Expand Homeownership opportunities for low and moderate income families
. Develop rental housing for low and moderate income families
. Develop rental housing for persons with disabilities
. Develop rental housing and services for low income seniors
Mary Kay Horoszewski advised, concerning more housing for people with profound, developmental
disabilities, 90% of these individuals are not capable of living on their own. Biznet Village is not an
institution. There is room for additional housing on this site; however, some portions of this site are
wetlands.
City Council expressed appreciation for Mary Kay's management and VBCDC's dedicated activities.
They appreciate receiving monthly minutes re the Virginia Beach Community Development Corporation
(VBCDC).
June 26, 2007
- 6 -
CITY MANA GER 'S BRIEFING
WATER QUALITY BUFFERS
1 :40 P.M.
ITEM # 56559
Clay Bernick, Environmental Management Administrator - Planning, advised concerning the four (4)
major areas addressed re Water Quality Buffers:
. Benefits (Functions and Values)
. General Design Criteria
. General Location Criteria
. Policy Considerations
WHY BUFFERS?
.. The United States is obsessed with grass:
. 30-MILLION acres of lawn managed
. $800-MILLION annually on grass seed
. 2.5 to 5-MILLION tons of fertilizer annually
. 70-MILLION pounds of pesticides annually
. Grass clippings 25-40% landfill space in growing season
. 10, OOO-square foot lawn requires 10.000 gallons of water per summer in lawn irrigation
. 30% of East Coast water goes to lawn irrigation
. Lawn mowers emit 10 (ten) times more hydrocarbon emissions than a typical car per
hour of operation -- string trimmers twenty-five (25) times and leaf blowers thirty-four
(34) times
The City needs to change their practices re air and water quality, human health, wildlife, microclimate
and economics.
Mr. Bernick advised:
BENFITS
Water Quality
.. Purify Water Runoff
.. Improve Water Clarity
.. Improve Water Temperature
Erosion and Sediment Control
.. Stabilize Soils with Plant Root systems
.. Reduce Shoreline Erosion and Stabilize Stream bank or Shoreline
.. Sediment Reduction
.. Improve Soil Quality
Nutrient and Chemical Control
.. Phosphorus Loading Reduction
.. Nitrogen Loading Reduction
.. Contaminants Loading Reduction
.. Carbon Sequestering (instead of emitting into the atmosphere)
June 26. 2007
- 7 -
C IT Y MANA G E R 'S B R IE FIN G
WATER QUALITY BUFFER
ITEM # 56559 (Continued)
Hydrologic
+ Reduce Runoff by Increasing Infiltration
+ Reduce Flood Severity
+ Replenish Groundwater Supplies
Habitat
+ Improve Terrestrial Wildlife Habitat
+ Improve Aquatic Wildlife Habitat
+ Improve Aquatic Fish Habitat
+ Improve Aquatic Benthic Habitat
Other
+ Generate Harvestable Products
+ Enhance Natural Scenic Beauty
+ Manage Sustainable Landscape Aesthetics
The Lynnhaven and Back Bay are huge nursery area headwaters for the Albemarle Pamlico System to the
south in North Carolina. This year, individuals were able to eat oysters out of the Lynnhaven for the first
time in many years. Within the next two (2) weeks, there will be discussion re a major project from the
United States Army Corps of Engineers re constructing over one hundred (100) acres of oyster reefs and
seed them with oysters this coming year. Mr. Bernick displayed a photograph depicting a buffer area,
located on the Elizabeth River near Carolanne Farms, which was constructed with grant fund
approximately ten (10) years ago,
DESIGN CRITERIA
Sustain ability is Key and Considerations should include:
+ Functional
+ Maintainable
+ Environmentally Sound
+ Cost Effective
+ Visually Pleasing
+ Optimum Width
+ Jump Start Natural Process
Relative optimum width buffers, the State mandates one hundred (100) feet in the Chesapeake Bay
Watersheds. The City mandates, for the local ordinances, fifty (50) feet in the Southern Watersheds.
Basically, any kind of buffer will assist.
Design Sequence for Buffer Restoration and Enhancement
+ Site Data Survey
+ Physical Site Analysis
+ Develop Plan
+ Develop Materials List and Budget
+ Construction
+ Maintenance
June 26, 2007
- 8 -
C IT Y MANA G E R 'S B R IE FIN G
WATER QUALITY BUFFER
ITEM # 56559 (Continued)
DESIGN SPECIFICS
., Buffer Preference - Natural, Managed, Specialty
., Plant Selection - Types, Sources
., Soil Enhancement - Nutrients, Mulch
., Project Cost - approximately
$0.20-0.25 per square foot
if using seedlings and
self-installed
LOCATION CRITERIA
., Waters on or Connected to Natural or Free Flowing Systems
., Disturbed or Degraded Riparian Areas
., Impaired Waterways
., Open Space Corridors
POLICY CONSIDERATIONS
., Green Ribbon Committee
., Regulatory Boards (Wetlands, Chesapeake Bay Preservation Area)
., City Properties
., Encroachment Requests
., Development Review Process
., Conservation Easements
., Incentives
Mr. Bernick advised the Regulatory Boards (Wetlands and Chesapeake Bay Preservation Area Boards)
are increasingly placed in the position of having to address policy considerations re water quality buffers
as part of their review requirements. Mr. Bernick displayed photographic examples of buffer projects.
Mr. Bernick advised recommendations will be forthcoming from the Green Ribbon Committee re tree
protection and replacement. The Committee has been working with the City Attorney's office relative this
issue. There are some very strong provisions of State Law limiting localities' authority re trees. There
will be recommendations to be contained within the Legislative Package to request the General Assembly
to reduce some of this limitation. This authority has been given to some of the localities in Northern
Virginia. The City Council will receive a presentation on August 14, 2007, re the Legislative Package.
Education outreach will be conducted with information on the City's website: www. vbgov.com and
prepackaged presentations to Civic Leagues.
Council Members expressed appreciation to the Green Ribbon Committee and their dedicated efforts re
producing the excellent CityWide Town Meeting at the Virginia Beach Convention Center, June 19, 2007
- ((Shaping our Community and Ourselves to Protect our Waterways."
June 26, 2007
- 9-
C IT Y MANA G E R 'S B R IE FIN G
HEALTHCARE
2: 12 P.M.
ITEM # 56560
The City Manager introduced Susan Walston, Chief of Staff and David Hansen, Chief of Finance and
Technology to discuss the City's current practice re Health Care Plan, Retiree Liability and the
consequences of GASB 45. The goal is to make certain all have a common understanding of the currenf
practice of the City's Benefits. As health care costs have continued to escalate over the last number of
years, many companies in the private sector have been "cutting back" on benefits. This reduction has not
been as strong in the public sector. This Healthcare issue entails a major expenditure in terms of
employee and city contributions.
David Hansen recognized representatives from Virginia Beach City Public Schools, Farrell E. Hazaker,
Chief Financial Officer and Linda Matkins, Combined Benefits Officer.
Mr. Hansen advised he will attempt to answer the question: "What is staff doing in regards to making
City contributions and setting employee premiums for health care?"
Current Practice - Total Costs
Type Number Actual
enrolled Cost
EE 7,075 $4,131
EE + 2,232 $13,254
Family
EE 861 $6,097
Retired
EE Ret + 291 $12,227
Spouse
Employer EE Total % of
Contribution Share Premium cost
$5,225 $0 $5,225
$5,225 $6,009 $11,234
$5,225 $0* $5,225**
$5,225 $4,463 $9,688
I Totals 114,462 I
I $75.56M I $23.73M I $99.3M
.VBCPS: $474
..VBCPS $5,699
15
*Virginia Beach City Public Schools have followed through on the Employees Benefits Review Task
Force Recommendations and requested their Retirees pay a premium increase of $474 a year.
**The total premium for Virginia Beach Public Schools is $5,699, as opposed to the City's total
premium being held at $5,225.
The $99.3-MILLION Total Premium is a decrease from the projected $102-MILLION cost.
Mr. Hansen advised the Total Premium percentage of cost is 126% for an eligible single employee and
that is the method in which the Implicit Subsidy is created. The Implicit Subsidy is a contribution that is
greater than the actual cost of the active single employee's actual cost.
June 26, 2007
- 10 -
CITY MANA GER 'SBRIEFING
HEALTHCARE
ITEM # 56560 (Continued)
Current Practice - Total Costs
Type Number Actual
enrolled Cost
EE 7,075 $4,131
EE + 2,232 $13,254
Family
EE 861 $6,097
Retired
Employer EE Total
Contribution Share Premium
$5,225 $0 $5,225
$5,225 $6,009 $11,234
$5,225 $0* $5,225**
I Totals 114,462 I
I $75.56M I $23.73M I $99.3M
Implicit subsidy generated by Active single EE:
$5225 - $4131= $1094
$1094 x 7075 = $7.74M
*YBCPS: $474
**YBCPS $5,699
16
Current Practice - Total Costs
Type Number Actual
enrolled Cost
EE 7,075 $4,131
EE + 2,232 $13,254
Family
EE 861 $6,097
Retired
Employer EE Total
Contribution Share Premium
$5,225 $0 $5,225
$5,225 $6,009 $11,234
$5,225 $0 $5,225
I $75.56M I $23.73M I $99.3M
I Totals 114,462 I
City contribution beyond Active single EE actual costs:
$5225 - $4131= $1094
$1094 x 14,462 = $15.82M (of which $7.74M is implicit subsidy)
17
Mr. Hansen referenced changing the City'S contribution to match exactly the cost of the single active
employee; instead of a $5,225 contribution, thereby creating a $1094 change in the contribution per
member participating across all the tiers and this would create a $15.82-MILLION savings for the
employer (the City). A reduction in employer contribution from $75. 56-MILLION to $59. 74-MILLION
would result. This premium cost would be transposed onto the employees, because the cost of medical
coverage does not change under the current plan, still costing the City $99.3-MILLION annually.
June 26, 2007
- 11 -
C IT Y MANA G E R 'S B R IE FIN G
HEALTHCARE
ITEM # 56560 (Continued)
Current Practice - Total Costs
IChahg~(Citycontributj()ntQeq!4~IACtiVe$in9Ieeec()stl
Type Number Actual Employer EE Total 1
enrolled Cost Contribution Share Premium
EE 7,075 $4, 1 31 ~ $4,131 $0 ~ $4,1
EE + 2,232 $1 3,254 $~$4,131 ~ ~4 I
Family $9,123 $13,2
EE 861 $6,097 ~ $4,131 ~ ~ I
Retired $1 ,966 $6,0
.
31
54
97
I Totals 114,462 I
$~M $99.3M
$39.56M
To eliminate the entire implicit subsidy:
EE + Family share would have to increase 52%
EE single retired share would increase $1,966 from $0 18
Current Practice - Total Costs
e Single EE Cost
Type Number Actual Employer EE
enrolled Cost Contribution Share
EE 7,075 $4,131 ~$4,131 $0 ~ $4,131
EE + 2,232 $13,254 ~$4,131 ~ ~4 $13,25
Family $9,123
EE 861 $6,097 ~$4,131 ~ $6,097
Retired $1,966
EE Ret + 291 $12,227 ~$4,131
Spouse $8,086 $12,227
I Totals \14,462 $99.3M
To eliminate the entire implicit subsidy:
EE + Family share would have to increase 52%
EE single retired share would increase $1,966 from $0 19
EE Ret + Spouse would increase 81%
June 26, 2007
- 12 -
C IT Y MANA G E R 'S B R IE FIN G
HEALTHCARE
ITEM # 56560 (Continued)
Mr. Hansen displayed charts depicting the Blended Rates.
What if the City contribution was reduced from $5,225 to a blended rate based on
single subscribers both active & retired?
TVDe
Active EE
Retired EE
).> Blended Rate
Enrolled
7,075
861
Cost
$4,131
$6,097
$4,354
Blended Rate
Type Number Actual
enrolled Cost
Single EE 7,075 $4,131
Employer EE Total
Contribution Share Premium
$4,354 $0 $4,354
~ $5,225 - $4354 = $871 reduction per EE
~ $871 x 7,075 = $6.16M reduction in City contribution (from Single active EE)
~ However, because the total premium required is not reduced from
$99.3 million, this $6.16 million reduction of implicit subsidy must be
spread to all other participating employees whose actual costs
exceed the City's blended contribution.
~ 14,462 -7075 = 7,387
~ $6.16 million + 7,378 = $834 added to the employee share for 28
active and retired families and retired employees.
Blended Rate
Type Number Actual
enrolled Cost
EE 7,075 $4,131
EE + 2,232 $13,254
Family
Employer EE Total
Contribution Share Premium
$4,354 $0 $4,354
$4,354 $7,714 $12,068
~ $5,225 - $4,354 = $871 (Transfer of City Contribution
reduction to EE)
~ Distribution of the implicit subsidy ($6.16M +
7,387) = $834
~ $6,009 + $871 + $834 = $7,714 (28% increase)
30
June 26, 2007
- 13 -
C IT Y MANA G ER 'S B R IE FIN G
HEALTHCARE
ITEM # 56560 (Continued)
Blended Rate
Type Number Actual
enrolled Cost
EE 7,075 $4,131
EE + 2,232 $13,254
Family
EE 861 $6,097
Retired
Employer EE Total
Contribution Share Premium
$4,354 $0 $4,354
$4,354 $7,714 $12,068
$4,354 $1 ,705 $6,059
~ $5,225 - $4,354 = $871
~ Implicit subsidy transfer $834
~ $0 + $871 + $834 = $1,705
City retirees currently paying $0 and VBCPS retirees are paying $474.
32
Blended Rate - Total Costs
Type Number Actual
enrolled Cost
EE 7,075 $4,131
EE + 2,232 $13,254
Family
EE 861 $6,097
Retired
Employer EE Total
Contribution Share Premium
$4,354 $0 $4,354
$4,354 $7,714 $12,068
$4,354 $1,705 $6,059
I $62.97M I $36.3M I $99.3M
I Totals 114,462 I
';r City Contribution Reduced $12.59M
Unfortunately, the total health care premium cannot be reduced; therefore,
the $12.59M is transferred to all participating members whose actual health
care costs exceed the blended rate City contribution 33
Relative the practice of providing health care subsidy to retired City employees and their dependents
care, the City Manager referenced the previous adoption of three (3) Resolutions by the City Council.
Resolution to provide health care coverage to Virginia Beach City Employees who retire
prior to age 65 with at least twenty-five (25) years of Service Credit (Adopted: December
16,1985)
June 26, 2007
- 14 -
C IT Y MANA G E R 'S B R IE FIN G
HEALTHCARE
ITEM # 56560 (Continued)
Resolution to provide Health Care Coverage to Virginia Beach City Employees who
retire prior to age 65 with at least twenty-five (25) years of Service or on a Work Related
Disabilitv after IJfteen (15) vears of service. (Adopted: May 29,1990)
Resolution to provide Health Care Coverage to Virginia Beach City Employees who
retire prior to age 65 with at least twenty-five (25) years of Service or on a Work Related
Disability <<fief f-ifteen (15) yell'S o-f sen'ice with five (5) or more vears of service.
(Adopted: December 15,1992)
Susan Walston, Chief of Staff, advised documentation could not be found relative establishing a policy for
this practice of subsidizing health care for dependents of retired City employees. Susan Walston has
determined the idea of the "employee only" premium subsidizing the dependent tiers has been in practice
a long time. Establishing one flat contribution for everyone is not the most common practice across plans,
but how this amount is utilized to subsidize the other tiers is very comparable to the cities of Chesapeake,
Norfolk and Newport News (who pay a percentage of all planned tiers).
Councilman DeSteph requested the City Attorney advise concerning his interpretation of the 1992
Resolution. The City Attorney advised he cannot find any support for the dependent contribution, but this
has been a consistent practice for many years, to include the dependent coverage. The Employees
Benefits Task Force began with one (1) individual, a Payroll Supervisor, in the Finance Department,
which expanded over the years. The City Councils have probably voted on total cost, but were not
involved with all the details. With GASB, a through review of all the calculations has become imperative.
As long as the City Attorney has been associated with the City, the dependent contribution has been a
practice.
Councilman DeSteph advised Resolutions have been drafted by the Employees Benefits Review Task
Force concerning this issue of retired dependent subsidy. The impact is substantial. The City Council
was not aware of paying this and the employees did not know they were being given this benefit.
Susan Walston, Chief of Staff, advised relative actual costs for the first quarter of 2007, Mercer and
Associates has taken these costs with the data provided by the Health Provider and calculated the
annualized costs based upon typical trends (peaks during certain times of the year). $4,131 is the
calculated annual cost for 2007 (employee only). The $5,225 premium established for this year was
adopted in the City's Budget for this Fiscal Year and projected at a 14% increase from the previous year,
based on trend costs. Mr. Hansen advised re the increase to $5,750, medical costs are projected to grow
10% (between 10% and 11% for 2008) Mercer keeps the City apprised of the medical industry and
growth in cost of health care, plus they review the applicability of the City's safety programs, disability
rates and cost associated with retiree versus active employee.
Vice Mayor Jones advised as a conscious decision was made to subsidize dependent health care that this
be utilized to depict how this impacts the Implicit Liability under Governmental Accounting Standards
Board (GASB) 45.
Ms. Walston referenced the long term implications of Governmental Accounting Standards Board
(GASB 45), which requires the City to account for future retiree health care costs as workers earn the
benefits.
June 26, 2007
- 15 -
CITY MANA GER 'SBRIEFING
HEALTHCARE
ITEM # 56560 (Continued)
This particular evaluation was accomplished in October 2006 and was based on the Census population of
June 2006. The June enrollment, plan design, trends in claims costs, contributions and premiums, as
well as the assumptions of morality, turnover and retirement age rates was reviewed.
GASB 45 Financial Results - City and Schools
Liability and ARC Calculations for 2007
Annual Required Contribution
Expected 2007 Costs
Cash Flow Increase
16.7
3.5
0.0
23.1
6.2
0.0
9.7
0.0
3.5
8.5
6.2
10.5
9.7
19.0
. The City of VA Beach would need to disclose in the financial statement a liability
of:
- $332.2 million if unfunded
- $200.6 million if funded
. Based on GASB 45 rules, if the City decides to attain a funded status, the City
must establish a formal OPEB funding policy
. Projected first year deposit = $28.7 million (the ARC)
_ Plan costs (retiree claims & expenses) should be paid from this amount
Mercer Health & Benefits 21
Breakdown of GASB Liability by Contribution (Explicit Subsidy) and
Implicit Subsidy = $332.2M
City VBCPS
Explicit Implicit Explicit Implicit
Employees reaching 25 or more years of
service $ 74,3M $13,7M $104.8M $ 19.4M
Dependents $0 $14.3M $0 $ 20.0M
Employees less than 25 years of service $0 $ 5.9 M $0 $ 8,3M
Dependents $0 $ 6,1M $0 $ 8.6M
Retirees 25 or more years of service $ 22,7M $1.7M $ 14.3M $ 3,1M
Dependents $0 $ 5,6M $0 $1.6M
Retirees less than 25 years of service $0 $ 1.1M $0 $ 2,OM
Dependents $0 $ 3,7M $0 $1.0M
Total $97M $ 52.1M $ 119.1M $ 64.0M
22
June 26, 2007
- 16 -
C IT Y MANA G E R 'S B R IE FIN G
HEALTHCARE
ITEM # 56560 (Continued)
How do we reduce liability?
Limit Access to coverage in retirement
Retirees 25 or more years of service
Retirees less than 25 years of service
Dependents
Current Employees
New Employees
Create Health Savings Account
Change Plan Design
Cost Sharing
Timeline
July 10, 2007
July 31,2007
October - November 2007
January 1, 2008
Spring 2008
Spring 2008
May 2008
June 30, 2008
Task Force Recommendations
Finalize Plan Design and Rates for 2008
Open Enrollment
Plan year Start
GASB Valuation
Policy Decision on Liability
Budget Adoption
Report Liability
Councilman Diezel advised the recommendations of the Employees Benefits Review Task Force were
centered upon the Rretiree.
Susan Walston advised the Task Force has expended the majority of time re retiree health care due to the
urgency of the GASB 45 requirements.
Vice Mayor Jones believes the City Council should review all concepts in order to evaluate the total cost.
Council Lady Wilson suggested Mercer and Associates assist with the recommendations. Council Lady
McClanan requested the costs of Mercer and Associates services be provided. Mrs. Walston advised
Mercer and Associates has responded to numerous questions raised by the Employees Benefits Review
Task Force as well as verifying pertinent numbers associated with the recommendations.
Vice Mayor Jones requested the funding cost for the next year be provided re the Implicit Liability under
GASB 45, if dependent health care were not covered by the City. $12.9-MILLION is being expendedfor
subsidies, plus the Implicit Liability must be funded. The total of the two (2) needs to be provided by July
Tenth. The same information needs to be provided re the Virginia Beach City Schools.
Councilman Uhrin requested the recommendations of the Employees Benefits Review Task Force list the
cost impacts to the current Operating Budget and impact to GASB 45.
The City Attorney advised under GASB 45, it does not mean you are setting aside, but rather placing in
an irrevocable trust fund.
Susan Walston clarified in order for City Council to make a policy decision re GASB 45, by Spring 2008,
response must be provided re the avenues available to be credited as afunded status.
June 26, 2007
- 17 -
AGE N DA REV IE W S E S ION
3:55 P.M.
ITEM # 56561
BY CONSENSUS, the following shall compose the CONSENT AGENDA
J. RESOLUTIONS/ORDINANCES
1. Resolution re a REGIONAL CONSENT ORDER dealing with sanitary sewer
overflows
2. Resolution to EXTEND to January 1, 2008, the suspension of increases in health
insurance premiums for Retirees
3. Ordinances to ADD, AMEND, REPEAL and/or REORDAIN the City Code to
rejlect provisions of the State Code as adopted by the 2007 General Assembly:
a. 996-122 - 6-122.3 re administration of breath or blood tests from within two
hours to within three hours of boating under the influence
b. 992-462 and 2-464 re Sheriff being designated as the State mandated High
Constable
c. H21-303, 21-307, 21-312 re State Inspection Decals and other parking
prohibitions
d. 9923-22.1 and 23-22.2 re drinking alcoholic beverages in, and definition of
"public places"
e. 923-43.1 re disruptive passengers on public transportation constituting Class 4
Misdemeanor and defining "public transportation service"
f. 938-2.1 re requiring fingerprinting for new concealed weapon permits only
4. Ordinances re Beaches and Waterways Advisory Commission
a. AMEND and REORDAIN 96-162 of the City Code re terms of members
b. AMEND by-laws re removal of staggered terms
5. Ordinance to AUTHORIZE execution of a Deed of Release and Exchange re an
Agricultural Lands Preservation (ARP) easementfor GEORGE B., JR. and
JUANITA F. PENDLETON re a three acre building site at Indian Creek Road near
Baum Road DISTRICT 7 - PRINCESS ANNE
6. Ordinances to A UTHORIZE temporary encroachments into portions of City
property by DA VID F. and JERRY A. HARRIS to remove an existingjloat, ramp
and pier to construct the same and repair the pier at 700 Kennedy Avenue in Lake
Rudee DISTRICT 6 - BEACH
June 26, 2007
- 18 -
AGE N DA REV IE W S E S ION
ITEM # 56561 (Continued)
7. Annual PERMIT RENEWAL for area private and non-profit EMS organizations:
American Lifeline Medical Transport
Children's Hospital of the King's Daughters
Eastern Shore Ambulance
Life EVAC of Virginia Medical Transport
Lifeline Ambulance Service, Inc.
Medical Transport
Nightingale Regional Air Ambulance
Network Medical Systems
8. Ordinance to APPOINT the Directors of Parks and Recreation, Planning and Public
Works as Viewers for one-year terms beginning July I, 2007, re closures of City streets
and alleys.
9. Ordinances to ACCEPT and APPROPRIATE grantfundsfrom the Virginia Department
of Transportation (VDOT) to ESTABLISH new Capital Improvement Programs (CIP),
Bicycle and Pedestrian Safety, re installation of pedestrian signs andflashing lights:
a. $63,450 for PACIFIC A VENUE between 5th and 43rd Streets
b. $36,288 for SHORE DRIVE between Kendall Street and Vista Circle
Ordinances to ACCEPT and APPROPRIATE:
c. $322,999 from the State Compensation Board and $235,479 from the Sheriff's
Special Revenue Fund to his budget re pay increases for uniformed personnel
d. $300,000 in earned revenue from admissions and store sales to the Virginia
Aquarium Special Revenue Fund
e. $29,983 from Eagle Cove Subdivision re Cash-in-Lieu-of-Park Reservation-Payment
for park improvement within the Indian River/Elbow Road corridor
f. $16,802from the Virginia Tobacco Settlement Foundation re "Too Good For
Drugs" (TGFD) program to be administered by Parks and Recreation
g. $2,426 from the American Cancer Society to compensate Hampton Roads Transit
(HRT) re shuttle service for the Relay for Life fundraiser
June 26, 2007
- 19 -
AGE N DA REV IE W S E S ION
ITEM # 56562
1. Applications at 1763 Princess Anne Road DISTRICT 7 - PRINCESS ANNE
a. HAC PROPERTIES, LLC, re Modification of Proffer No 3 to allow low
speed motor vehicle sales, and future retail establishments, laboratories for
the production and repair of eye glasses, hearing aids and prosthetic devices
(approved on June 22, 2004)
b. NORMA DIANE PAYNE HEWIT t/a ARGO OF TIDEWATER for a
Conditional Use Permit re sale of low speed vehicles at 1763 Princess Anne
Road
Council Lady Henley expressed concern and requested DEFERRAL. The applicant currently has n
existing tenant that proposes to expand its product line to include Low Speed Vehicles (LSV). Council
Lady Henley does not believe the parking could accommodate. The original Proffer 3 stated:
"When the Property is developed, only the following uses will be permitted: a) business
studios, offices and clinics; b) mini-warehouses; c) repair and sales for radio and
television and other household appliances and small business machines.
The applicant desires to modify that proffer to allow motor vehicle sales; retail establishments; and,
laboratories and establishments for the production and repair of eye glasses, hearing aids and prosthetic
devices. The applicant is already selling the low speed vehicles, as well as golf carts. Council Lady
Henley also is concerned where these vehicles would be allowed to operate. These vehicles can be
operated anywhere the speed limit is 35 miles per hour or less. This deferral would allow more
information to be provided.
ITEM # 56563
3. 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 PD-H2 Overlay at South Independence
Boulevard, Princess Anne Road and 1632 Salem Road, "Spence Farm, " re 103
singlejamily dwellings, 347 townhomes and 230 twin townhomes and Senior
Housing ("Renaissance Park").
DISTRICT 1- CENTERVILLE and DISTRICT 7 - PRINCESS ANNE
This item will be discussed during the FORMAL SESSION
ITEM # 56564
BY CONSENSUS, thefollowing shall compose the PLANNING BY CONSENT AGENDA
K. PLANNING
2. Application of CA VALIER GOLF & YACHT CLUB for a Conditional Use Permit
Re a golf club Agronomy facility at Kamichi Court. DISTRICT 5 - LYNNHA VEN
Item 2 (Cavalier) shall be DEFERRED, BY CONSENT, until the City Council Session of July 10,2007.
June 26, 2007
- 20-
CITY COUNCIL COMMENTS
4:00 P.M.
ITEM # 56565
Councilman DeSteph referenced the City Manager's correspondence and Memorandum of Patricia A.
Phillips, Director of Finance, dated June 22, 2007, re the Increased Pension Multiplier for Public
Safety. Councilman DeSteph is very concerned re this conflicting information. Said letter and
memorandum are hereby made a part of the record.
"It is too late to delay implementation of the 1lh% general increase for public safety since
the system has already been programmed. In addition, implementation prior to July 1,
2008, will be extremely difficult since staff are heavily immersed in the implementation of
the Human Resource/Payroll System ... "
The City Manager advised the computer is programmed to start issuing checks July First, The City
Manager's staff had indicated previously that if a different direction were to be taken re the 1 1/2%
increase, direction was necessary by June 14th or 15th. The decision can be made at anytime and the pay
tables can be adjusted, but cannot be effective July First with the new pay system. The City Council
ADOPTED the FY 2007-2008 BIENNIAL RESOURCE MANAGEMENT PLAN on May 15,2007, and
this Ilh% general increase for public safety was included.
Councilman DeSteph advised according to a City Policy, benefit changes can be made by July Fifth.
The City Manager and City Attorney highlighted the verbatim transcripts concerning the multiplier and
1-lh% safety compensation re the RESOURCE MANAGEMENT PLAN (FY 2007-2008 Operating and
Capital Budget) Workshop May 8, 2007, and made the decision based on the discussions and intent.
The City Manager specifically asked the Mayor and Vice Mayor during the Agenda meeting, May 30,
2007, and was told the City was proceeding with the increase. The instruction had been to have this
concept reviewed by the Employees Benefits Review Task Force and present their recommendation, which
has not been received.
The City Attorney wished to clarify he did not review the aforementioned transcript until after June
Fourteenth.
Councilman Wood concurred with the increased multiplier and to attempt to find a way to fund it. He
believes there are other ways to fund this and requested the City Staff review methods as personal,
birthday, flex days which could be utilized and be more equitable. Eliminating the 1.5% compensation
might result in another compression pay issue.
Vice Mayor Jones requested information concerning the method by which the State and other
municipalities are funding this multiplier. Are they doing the reduction of the 1.5% compensation, or just
providing the funding? Vice Mayor Jones requested alternatives.
Councilman DeSteph believes they are now forced to find another funding source.
Council Lady Henley was under the impression funding the multiplier could be done sometime in the
future. She believes the employees, including safety, were expecting the 1.5% compensation increase on
July First.
Councilman Diezel is in favor of implementing the multiplier. Councilman Wood believes in
implementing the multiplier immediately but review a method of funding other than the 1. 5%
compensation increase. Council Lady Wilson concurred with Councilman Wood.
Vice Mayor Jones advised the majority of City Council is requestingfurther information concerning cost
of the multiplier. Vice Mayor Jones does not believe the 1.5% compensation should be taken back.
June 26, 2007
- 21 -
ITEM # 56566
Vice Mayor Louis R. Jones entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.1-3711 (A), Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS: Discussion, consideration 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
PUBLICLY-HELD PROPERTY: Discussion or consideration of the,
acquisition, or of the disposition of publicly-held property, where
discussion in an open meeting would adversely affect the bargaining
position or negotiating strategy of the public body pursuant to Section
2.2-3711 (A)(3).
Acquisition/Disposition of Property
Lynnhaven City Marina
Town Center.
LEGAL MATTERS: Consultation with legal counselor briefings by
staff members, consultants, or attorneys pertaining to actual or probable
litigation, where such consultation or briefing in an open meeting would
adversely affect the negotiating or litigating posture of the public body,
or consultation with legal counsel employed or retained by a public body
regarding specific legal matters requiring the provision of legal advice
by counsel pursuant to Section 2.2-3711 (A)(7).
Witchduck Lake Enterprises, Inc. v. City of Virginia Beach
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council voted to proceed
into CLOSED SESSION (4:20 P.M.).
June 26, 2007
- 22-
ITEM # 56566 (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, John E. Uhrin, Ron A.
Villanueva, Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
[Attending u.s. Conference of
Mayors 7 J'h Annual Meeting]
(Break: 4:22 P.M. - 4:30 P.M.]
(Closed Session: 4:30 P.M. - 5:30 P.M.)
(Dinner: 5:30 P.M. - 5:55 P.M.)
June 26, 2007
- 23 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
June 26, 2007
6:00 P.M.
Vice Mayor Louis R. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, 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,
John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L.
Wood
Council Members Absent:
Mayor Meyera E. Oberndorf
[Attending u.s. Conference of
Mayors 75th Annual Meeting]
INVOCATION: Louis R. Jones
Vice Mayor
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 10, 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 t(l
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 26, 2007
- 24-
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 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 26, 2007
- 25 -
Item V-E.
CERTIFICATION OF CLOSED SESSION
ITEM # 56567
Upon motion by Councilman Dyer, seconded by Councilman Diezel, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered
by Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
June 26, 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 #56566, Page 21, and in accordance with the provisions of The
Virginia Freedom of Information Act, and,
WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law.
NOJf, 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.
@Ld~~' /
th Hodges raser, MMC -
City Clerk
June 26, 2007
- 26-
Item V-F.1.
MINUTES
ITEM # 56567
Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council APPROVED the
Minutes of the INFORMAL and FORMAL SESSIONS of June 12,2007.
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, John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
June 26. 2007
- 27 -
Item V-G 1.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM 56568
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
June 26, 2007
- 28 -
Item V-H.
VICE MAYOR'S PRESENTATION
ITEM 56569
Vice Mayor Jones PRESENTED:
Government Finance Officers Association (GFOA) Award
to
Patricia Phillips
Director - Department of Finance
Vice Mayor Jones acknowledged the dedicated and excellent service of Patricia A. Phillips, Director -
Department of Finance. This is a Government Finance Officers Association (GFOA) Award and is a
certificate of achievement for excellence in financial reporting presented to the City of Virginia Beach for
its Comprehensive Annual Financial Report (CAFR). Government Finance Officers Association of the
United States and Canada (GFOA) presents this award to government units and public employee
retirement systems, whose Comprehensive Annual Financial Reports achieve the highest standard in
government accounting and financial reporting.
Mrs. Phillips ACCEPTED the award and advised this is the twenty-sixth consecutive year the
Department has been so recognized for its accounting practices. Mrs. Phillips acknowledged this award
also reflects the good judgment and professionalism of the City Council and City Departments. The
Certificate of Achievement is the highest form of recognition in the area of Governmental accounting
and financial reporting. Financial reporting is accomplished in the field of ''full disclosure". The recent
upgrading of the City's credit by Standard and Poors to AAA reflects the factors of financial policy and
consistency in its reporting. Mrs. Phillips expressed appreciation and recognized the CAFR team as well
as members of Management Services.
June 26, 2007
- 29-
Item v.J.
RESOLUTIONS/ORDINANCES
ITEM #56570
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED IN
ONE MOTION Resolutions/Ordinances 1, 2, 3a-j, 4a/b, 5, 6, 7, 8, 9a-g and Planning K.1 (DEFER) of
the CONSENT AGENDA
Item K.1 (Cavalier) was DEFERRED, BY CONSENT, until the City Council Session of July 10, 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, John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
June 26, 2007
- 30 -
Item v.J.1.
RESOLUTIONS/ORDINANCES
ITEM #56571
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED:
Resolution re a REGIONAL CONSENT ORDER dealing with sanitary
sewer overflows
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, John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
June 26, 2007
1 A RESOLUTION APPROVING A REGIONAL
2 CONSENT ORDER PACKAGE PERTAINING
3 TO SANITARY SEWER OVERFLOWS
4
5 WHEREAS, the Hampton Roads Sanitation District ("HRSD") provides sewage
6 treatment service for the cities of Chesapeake, Hampton, Newport News, Poquoson,
7 Portsmouth, Suffolk, Virginia Beach, and Williamsburg; the counties of Gloucester, Isle
8 of Wight, and York; the James City County Service Authority; and the town of Smithfield.
9 (collectively, the "Localities"); and
10
11 WHEREAS, the City of Virginia Beach and other localities individually own and
12 operate sanitary sewer collection systems in their own jurisdictions, which systems
13 collect sewage that is delivered to the HRSD system for treatment; and
14
15 WHEREAS, due to pipe breaks, electrical outages, wet weather events,
16 insufficient capacity in the collection, interceptor and treatment systems, and other
17 factors, untreated sewage is, on occasion, discharged from various locations in the
18 HRSD sewer system and from the Localities' sanitary sewer systems; and
19
20 WHEREAS, at the behest of the Virginia Department of Environmental Quality
21 ("DEQ") and the U.S. Environmental Protection Agency ("EPA"), HRSD and the
22 Localities, working under the aegis of the Hampton Roads Planning District Commission
23 ("HRPDC"), have expeditiously developed a comprehensive program to remedy these
24 problems; and
25
26 WHEREAS, the aforesaid program consists of a regional element, which requires
27 the Localities and HRSD to use uniform standards to design the infrastructure
28 improvements needed to manage peak wet weather flows throughout the Hampton
29 Roads Sewer System in a cost-effective manner, and an individual element, which
30 requires HRSD and the Localities to address their individual system conditions that
31 cause or contribute to discharges of untreated sewage; and
32
33 WHEREAS, these regional and individual commitments are set forth in the
34 following three documents that have been developed in consultation with the staff of the
35 DEQ (collectively, the "Regional Consent Order Package"):
36
37 (1) State Water Control Board Enforcement Action: Special Order by
38 Consent Issued by the DEQ to the Hampton Roads Sanitation
39 District; the Cities of Chesapeake, Hampton, Newport News,
40 Poquoson, Portsmouth, Suffolk, Virginia Beach and Williamsburg;
41 the Counties of Gloucester, Isle of Wight and York; the James City
42 County Service Authority; and the Town of Smithfield ("Regional
43 Consent Order");
44
45 (2) Attachment 1 to the Special Order by Consent: Regional Technical
46 Standards ("Regional Technical Standards"); and
47
48 (3) Memorandum of Agreement for Regional Sanitary Sewer System
49 Operation, Maintenance and Enhancement ("Memorandum of
50 Agreement")
51
52 WHEREAS, the success of these initiatives depends upon the cooperative efforts
53 of HRSD and the Localities, and the approval of the Virginia State Water Control Board
54 ("SWCB") and the DEQ; and
55
56 WHEREAS, the ongoing efforts of the Localities and HRSD to maintain, repair
57 and improve the sanitary sewer system at substantial cost, for the benefit of the region's
58 quality of life, is endorsed and commended;
59
60 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
61 OF VIRGINIA BEACH:
62
63 1. That, subject to the provisions of Paragraph (3) below, the City Council
64 hereby approves the Regional Consent Order Package, including the Special Order by
65 Consent and Regional Technical Standards, and the Memorandum of Agreement for
66 Regional Sanitary Sewer System Operation, Maintenance and Enhancement, the
67 material terms of which are attached hereto and copies of which are on file in the City
68 Clerk's Office;
69
70 2. That, subject to the provisions of Paragraph (3) below, the City Council
71 hereby authorizes and directs the City Manager to execute the Regional Consent Order
72 and Memorandum of Agreement on behalf of the City of Virginia Beach and submit the
73 Regional Consent Order Package to DEQ for public notice and approval by the SWCB;
74
75 3. That the City Council's approval of the Regional Consent Order is
76 expressly conditioned upon there being no material additions to, or alterations or
77 deletions of, any of its provisions that are, in the opinion of the City Attorney and City
2
78 Manager, adverse to the City of Virginia Beach, and the City hereby reserves the right
79 to revoke its approval in the event there are any such material changes in the final
80 Regional Consent Order issued by the State Water Control Board; and
81
82 4. That the City Manager and the City Attorney are hereby authorized and
83 directed to take such actions as may be necessary or appropriate to implement the
84 intent of this Resolution.
85
86 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
87 VIRGINIA BEACH:
88
89 That it commends the efforts of its staff and those of the other Localities, the
90 Hampton Roads Sanitation District, Hampton Roads Planning District Commission and
91 Department of Environmental Quality in connection with the development of the
92 Regional Consent Order Package.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 2.6.t.b
day of .Tllnp , 2007.
APPROVED AS TO CONTENT:
~::~P:U~~
APPROVED AS TO LEGAL SUFFICIENCY:
W ()jJtl1/~ JUoJ \
City Attorney's Office
CA10419
R-6
June 15, 2007
3
Policy Report
REGIONAL SPECIAL ORDER BY CONSENT
INTRODUCTION
This report is in support of a request for the City Council to approve the City's participation in the
Regional Special Order by Consent (Consent Order). This is a regulatory order between the Virginia
Department of Environmental Quality (DEQ), Virginia Beach, the Hampton Roads Sanitation District
(HRSD) and other communities in Hampton Roads. The other participating communities are the cities
of Chesapeake, Hampton, Newport News, Poquoson, Portsmouth, Suffolk, Williamsburg; the counties of
Gloucester, Isle of Wight, and York; the James City Service Authority; and the town of Smithfield.
Norfolk is not included because it is already under a consent order with the DEQ and the HRSD. When
executed, the Consent Order has the same force and effect as state environmental law and regulation.
BACKGROUND
The federal Clean Water Act (CW A) prohibits the discharge of untreated wastewater into the waters of
the United States - it always has. The United States Environmental Protection Agency (EP A) and the
DEQ (the state primacy agency) administer the CW A in Virginia. For most of the thirty-five years that
the CW A has been in existence, the regulatory focus for the EP A and DEQ has been the wastewater
treatment plants and the water quality of the related discharges to state waters.
However, alarmed by a nation-wide increase of sanitary sewer overflows (SSO's) caused by aging,
leaking, poorly maintained, and undersized collection systems, the EP A sent a report to Congress in
August 2004 outlining national enforcement actions and priorities for SSO control and reduction. EPA's
Office of Enforcement and Compliance (OECA) simultaneously adopted an enforcement strategy that all
major municipal collection systems with a total treatment capacity of greater than 100 million gallons
per day (mgd) and the associated satellite collection systems would be under enforceable administrative
or judicial orders to control and reduce sanitary sewer overflows by September 2007. This strategy was
not related to the performance of the respective sanitary sewer systems. It was based solely upon the
size of the systems.
The HRSD and its municipal satellites comprise one of five sanitary sewer systems in EP A Region III
with a capacity of greater than 100 mgd. The other four (Allegany County/Pittsburgh, Baltimore,
Baltimore County; and the Washington Suburban Sanitary Commission) are already under state and
federal orders for SSO reduction. Hampton Roads was the last system to be addressed because the EP A
felt this area had fewer problems relative to the other four regions. The EP A and DEQ presented their
expectations and requirements for a Regional Special Order by Consent to the Hampton Roads directors
of utilities and the HRSD in a September 2005 meeting facilitated by the staff of the Hampton Roads
Planning District Commission.
F or the last 18 months, the directors of utilities and staff specialists, the HRSD and the HRPDC have
been working and negotiating with the DEQ and EP A to develop the Special Order by Consent and
supporting documents. These documents, dated May 2007 and included herewith, have been
collectively assembled and entitled "Hampton Roads Regional Consent Order Package."
CONSIDERATIONS
The consent order will mandate evaluations, increased operations and maintenance, and increased capital
spending. Complying with this order could cost the HRSD upwards of $1 billion over the next two
decades, and an equal sum required of the satellite localities. Virginia Beach alone could be required to
make additional expenditures of $200 million or more over the next 15 to 20 years.
Two years ago, City Council authorized five years of water and sewer rate increases to fund current
operations, and increase the Public Utilities Water and Sewer CIP from $15 million per year to $25
million per year to address aging infrastructure. Those rate increase were 6.5% for FY2006 and an
average of 3.8% per year for FY2007 through FY201 O.
Of the $25 million per year Public Utilities Water and Sewer CIP, $15 million per year is devoted to
aging sanitary sewer infrastructure. There is an overlap between aging sewer infrastructure and the
mandates in the Consent Order. Public Utilities has implemented, or is in the process of implementing, a
number of the Consent Order mandates, and most of what is required would have been implemented,
eventually. However, the Consent Order will require programs and projects to be implemented at a
faster pace than Public Utilities would have recommended in the absence of the order. For Fiscal Years
2008 through 2012, the Consent Order will require approximately $5 million dollars per year more than
what was originally programmed in the CIP for sanitary sewer rehabilitation and repair.
Public Utilities proposes to address the FY2008 through 2010 shortfalls by reprioritizing projects in the
CIP and transfer of funds from retained earnings. Public Utilities is not requesting a rate increase above
what has been approved for FY2008, and it has established that same goal for FY2009 and 2010.
However, rate increases will definitely be required for FY2011 and beyond.
There will be other impacts that will result from the Consent Order. Fats, oils, and grease (FOG) cause
about one-third of the City's sanitary sewer overflows and contribute to another one-third. As part of the
Regional Consent Order, all Hampton Roads localities will have to implement aggressive FOG control
programs.
The principle sources of FOG are single-family homes, multi-family apartments and condominiums,
schools, jails, grocery stores and restaurants. The state plumbing code requires that the non-residential
FOG generators install and maintain FOG traps. Proper maintenance requires regular removal of the
FOG, because when the traps fill up, they bypass the FOG directly to the sanitary sewer. However, there
is little or no enforcement with respect to pumping and cleaning of these devices - it is essentially an
honor system. A recent pilot test by Public Utilities indicates that there is widespread non-compliance
with respect to the cleaning and pumping of FOG traps.
Permits and Inspections certifies that a FOG trap is installed when an applicable facility is permitted, but
it does not provide follow-up inspection or maintenance enforcement. It is possible that both Permits
and Inspections, and Housing and Neighborhood Preservation have the authority to conduct regular
inspections and maintenance enforcement. However, neither entity has ever been charged with this
responsibility, nor would they have the necessary manpower and resources to do it if they were. Public
Utilities will be requesting changes to the City Code to allow it to enforce FOG control with respect to
non-residential FOG generators.
Certain private properties including shopping centers, apartment complexes, trailer parks, condominiums
and private individual laterals can make significant infiltration and inflow (1&1) contributions to the
collection system. In fact, for some service areas, private-side 1&1 is the predominate factor. At the
present time, the City Code does not provide the authority to Public Utilities or any other department to
require private entities to make repairs for the purpose of reducing infiltration and inflow. Public
Utilities will be requesting changes to the City Code to allow it to require private property owners to
reduce the amount of infiltration and inflow from their systems.
The Consent Order does contain certain protections for municipalities that execute the order and carry
out the obligations, therein. The Order conforms to federal and state law provisions, referred to as "safe
harbor" provisions, which provide that compliance with the Order protects the municipalities from fines
from DEQ or EPA for past SSO's and from third-party lawsuits seeking fines or injunctive relief for past
SSO's.
The HRSD and localities are scheduled to approve and execute the Consent Order in May and June
2007. The DEQ plans to submit the Consent Order to the State Register by July 2 for publication on July
23,2007. Following a 30-day comment period, the State Water Control Board will vote to authorize the
DEQ to execute the order during its September 2007 quarterly meeting.
PUBLIC INFORMATION
The Regional Consent Order was the subject of a City Council Briefing on June 5, 2007, and was also
discussed as part of the budget briefing for the Public Utilities Capital Improvement Program on May 1,
2007. The requested action has been advertised as part of the regular City Council agenda for June 12,
2007. Any requests for water or sewer rate increases, beyond those already approved by City Council,
or City Code changes for FOG control or private-side infiltration and inflow reduction would be made at
future City Council meetings. Those actions would be advertised and noticed as appropriate.
ALTERNATIVE COURSES OF ACTION
Technically, there are two alternatives - authorize execution of the Consent Order, or reject it. However,
as a practical matter, the City has little choice but to execute the Consent Order. EP A and DEQ have
said that any municipality that does not join the Consent Order will be prosecuted for violations of the
CW A. The agencies can do this because the Clean Water Act (CW A) contains a paradox: All SSO's are
prohibited - yet all large wastewater collection systems experience them, from time-to-time. This is
particularly true of systems with significant aging infrastructure, and located in low-lying, flood prone
areas with high water tables (like Hampton Roads).
With respect to any municipality that does not execute the Consent Order, standard operating procedure
would be for DEQ or EPA or both to seek fines for past and future SSO's, and injunctive orders that
would impose upon the municipality the same obligations (or more) that are contained in the Consent
Order.
RECOMMENDATIONS:
The course of action prescribed by the Consent Order will reduce SSO's, protect the environment,
protect the City from fines and third-party lawsuits, and contribute to the health, safety and welfare of
the residents of Virginia Beach. While the Consent Order will require the Department of Public Utilities
to implement programs and projects at a faster rate than it would have otherwise, there is little in the
order that Public Utilities would not have undertaken, eventually. It is recommended that Council
authorize the City Manager to sign and execute the proposed Regional Special Order by Consent in June
2007 for publication in the State Register on July 2,2007.
ATTACHMENT:
Hampton Roads Regional Consent Order Package
REVIEW AND APPROVAL:
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Reviewed by City Attorney
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Approved by Public Utilities ~(
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Date
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Date
4;;pjo]
Regional Consent Order Package
Summary of Material Terms that Impact Virginia Beach
This is a summary of the document entitled "Hampton Roads Regional Consent Order Package."
The document is divided into three sections: 1) The Regional Special Order by Consent; 2)
Attachment 1 to the Special Order by Consent - the Regional Technical Standards; and 3) The
Regional Memorandum of Agreement.
1) Regional Consent Order
Section C: Findings of Fact and Conclusions of Law - This is standard information from
DEQ that is contained in every DEQ order. It describes the wastewater system in Hampton
Roads, establishes that sanitary sewer overflows (SSO's) occur in violation of state law, and
states that there will be two-phases of orders to address the SSO's. This order is Phase One.
Phase Two will come after 2012. This section also establishes the regional approach to the
order.
Section D: Agreement and Order - This section includes the enforcement part of the order.
It requires Virginia Beach to comply with Appendix H of the order, as described below.
HRSD and the other localities are required to comply with their own respective appendices.
This section also establishes a requirement that HRSD and the localities develop a Regional
Wet Weather Management Plan (R WWMP).
Section E: Administrative Provisions - This section includes standard language for
modifying the consent order, venue, enforcement, force majure and termination. It also
includes a section that resolves all past SSO's and limits the potential for certain third party
lawsuits against the localities.
Appendix H - City of Virginia Beach: This appendix, which is similar to the appendices for
the other localities, requires the City to prepare a Sanitary Sewer Evaluation Survey (SSES)
plan due 15 month after the signing ofthe order. It also mandates certain interim repairs to
the sanitary sewer system; requires a Management Operations & Maintenance (MOM) plan;
and requires annual reports to DEQ.
2) Regional Technical Standards (RTS)
Introduction and Purpose: Outlines the purpose of the document.
Definition of Terms: Provides a definition ofterms used in the Regional Technical
Standards.
Data Collection and Flow Monitoring: Requires analysis and characterization ofthe number
and causes of SSOs. Requires at least 20% of all sanitary sewer service areas to be
monitored for flow. Identifies criteria for implementation.
Condition Assessment of Sewers and Pump Stations: Identifies the method and parts of the
sanitary sewer system that need condition assessment; identifies a find & fix program for
prioritization of system defects.
SSES Planning: Provides guidance for prioritization of sewer service areas that need SSES.
Hydraulic Performance Assessment: Provides guidance for the development of a sanitary
sewer system-wide hydraulic computer model.
Rehabilitation Planning: Provides guidance on prioritization of repairs needed from the
SSES plans performed above.
Regional Wet Weather Management Plan: Outlines the purpose and method of performing
the RWWMP.
Exhibit A - Regional Design Guidelines: These are an agreed upon set of design standards
for the entire region.
Exhibit B - Regional Sanitary Sewer System Operating Guidelines: These are an agreed
upon set of operating guidelines for the Hampton Roads Sanitation District.
3) Memorandum of Agreement
This agreement will be executed by the localities included in the Regional Special Order by
Consent and HRSD.
Section A - Definitions: Standard definitions, consistent with those used in the Consent
Order.
Section B - Statement of Principals: This section declares that the localities and HRSD have
a shared responsibility to operate their respective systems effectively and efficiently; to share
data and information; to agree to implement the Regional Technical Standards and to make
decisions collectively on issues that will affect other localities and/or HRSD. It also declares
that we will work to reduce SSOs at the lowest overall cost to ratepayers, and that we will
seek to resolve disputes administratively before resorting to judicial action.
Section C - Roles and Responsibilities: This establishes HRPDC as a regional facilitator, and
the HRPDC Directors of Utilities Committee (DUC) as the regional entity to coordinate and
facilitate all aspects of the Consent Order. HRSD agrees to participate and be a part of the
DUC. The localities agree to participate in the DUC and comply with the Consent Order and
the Regional Technical Standards.
Section D - Compliance with Regional Technical Standards and Development and
Implementation of Regional Wet Weather Management Plan: Each locality and HRSD agree
to work together to prepare and submit a RWWMP to DEQ on or before December 31,2013,
and to comply with that plan.
Section E - Proposed Modifications to the Regional Order and the Regional Technical
Standards: This section outlines how the localities will request and agree to modifications to
the Regional Special Order by Consent and the Regional Technical Standards. Modifications
to the Regional Technical Standards can be made only with the consent of all Utilities.
Section F - Remedies and Reservations of Rights: This section describes an administrative
dispute mechanism, and provides that an aggrieved party must show actual harm caused by
another party to institute formal legal action.
Section G - Miscellaneous: This section contains standard language for Amendments,
Severability, Authority, Reservation, Notices and Written Communications, Term,
Governing Law, Force Majeure, Counterparts, Not for Benefit of Third Parties, and Binding
Effect.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Approving a Regional Consent Order Package Pertaining to Sanitary Sewer
Overflows
MEETING DATE: June 26,2007
. Background: In 2005, the Environmental Protection Agency (EPA) and the Virginia
Department of Environmental Quality (DEQ) informed the Hampton Roads Sanitation District
(HRSD) and its constituent localities that they would be placed under a Regional Consent Order,
as part of a nationwide effort under the Clean Water Act (CWA) to reduce and control sanitary
sewer overflows (SSO's). HRSD and the localities have been negotiating with DEQ, in
consultation with EPA, and have reached agreement on the terms and conditions of the Consent
Order. The Consent Order, including the technical standards, will then be placed before the State
Water Control Board for approval, probably at its September meeting.
HRSD, Hampton Roads Planning District Commission (HRPDC) and the localities have also
agreed upon the terms of a Memorandum of Agreement for the purpose, among others, of
defining their respective roles, responsibilities, and obligations.
Public Utilities is requesting City Council approval for the City Manager to execute the Consent
Order, including the technical standards in it, and the MOA.
. Considerations: All SSO's are prohibited under the CWA, but cannot be totally avoided.
All large wastewater collection systems experience them, especially during heavy rainfall events,
notwithstanding measures taken to avoid them. This is particularly true of systems with aging
sewer infrastructure, and located in low-lying, flood-prone areas with high water tables. The
object of the Consent Order is to ensure that local sanitary sewer systems take the corrective
actions necessary to minimize SSO's to the maximum extent practicable. By entering into and
thereafter complying with the Consent Order, the City (as well as the other localities) will greatly
reduce its exposure to penalties for past and future SSO's, avoid judicial action by EPA and DEQ,
or both, and protect the City from third-party lawsuits.
The Consent Order will require higher sanitary sewer service charges in the future. However,
Public Utilities is not seeking increased service charges beyond those already approved by City
Council for FY 2008 through 2010. Rate increases will be necessary for FY 2011 and beyond.
The Consent Order will require changes to the City Code to insure the maintenance of grease
traps by restaurants, grocery stores, and other non-residential generators of fats, oils and grease
(FOG). Code changes will also be necessary to mandate repairs to reduce private-side infiltration
and inflow. Public Utilities will submit those changes for consideration later this year.
The attached policy report and Summary of Material terms provide more detail and information
concerning the Consent Order.
. Public Information: This agenda item has been the subject of two previous briefings to
City Council and was advertised as part of the normal agenda process. Future requests for rate
increases or code changes would be advertised at the time they are brought to the City Council.
. Alternatives: There are two alternatives - authorize execution of the Consent Order, or
reject it. Any municipality that does not join the Consent Order will be subject to legal action for
violations of the CWA. The Department of Justice, EPA and/or DEQ may seek fines for past and
future SSO's, and injunctive orders mandating the same obligations (or more) that are in the
Consent Order. The course of action prescribed by the Consent Order will reduce SSO's, protect
the City's residents, protect the environment, and protect the City from fines and third-party
lawsuits.
.
Recommendations: Authorize execution of the Regional Special Order by Consent.
. Attachments: Resolution, Policy Report and Summary of Material Terms
Recommended Action: Approval of Regional Consent Order Package
Submitting Department/Agency: Public Utilities .J ~ ~4 ll~
City Manager~ /L , as~
- 31 -
Item V.J.2.
RESOLUTIONS/ORDINANCES
ITEM #56572
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED:
Resolution to EXTEND to January 1, 2008, the suspension of increases
in health insurance premiums for Retirees
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, John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
June 26, 2007
Requested by Councilmember Diezel
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
A RESOLUTION TO EXTEND THE SUSPENSION
OF INCREASES IN HEALTH INSURANCE
PREMIUMS FOR RETIREES
WHEREAS, City Council was made aware of a proposal to increase the
premiums paid by retired City employees for health insurance coverage, effective
January 1, 2007; and
WHEREAS, on October 24, 2006, City Council created the Employee Benefits
Task Force (the "Task Force") to make recommendations to City Council regarding
retiree benefits; and
WHEREAS, the Task Force has put forth recommendations regarding retiree
benefits, including health insurance, that would be effective January 1, 2008; and
WHEREAS, the City's health insurance programs are based on calendar years,
with the current year ending on December 31, 2007.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the planned increase in retiree health insurance premiums shall be
suspended until January 1, 2008. Until that time, health insurance premiums paid by
City retirees shall remain at the 2006 rates.
2. That $217,000 is hereby transferred from the FY 2007-08 general fund
reserve for contingencies to the health insurance fund.
Adopted by the Council of the City of Virginia Beach, Virginia on the _2...6..t.b day
,2007.
of
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Approved as to Legal Sufficiency:
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City Attorney's Office
CA 1 0433
June 12, 2007
R5
- 32 -
Item V.J.3.a/f.
RESOLUTIONS/ORDINANCES
ITEM #56573
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinances to ADD, AMEND, REPEAL and/or REORDAIN the City
Code to reflect provisions of the State Code as adopted by the 2007
General Assembly:
~~ 6-122 - 6-122.3 re administration of breath or blood
tests from within two hours to within three hours of boating
under the influence
~ ~2-462 and 2-464 re Sheriff being designated as the State
mandated High Constable
H21-303, 21-307, 21-312 re State Inspection Decals and
other parking prohibitions
~~23-22.1 and 23-22.2 re drinking alcoholic beverages in, and
definition oj, "public places"
~23-43.1 re disruptive passengers on public transportation
constituting Class 4 Misdemeanor and defining "public
transportation service"
~38-2.1 re requiring fingerprinting for new concealed weapon
permits only
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, John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
June 26, 2007
1 AN ORDINANCE TO AMEND SECTIONS 6-
2 122,6-122.01,6-122.2 AND 6-122.3 OF THE
3 CITY CODE PERTAINING TO BOATING
4 UNDER THE INFLUENCE
5
6 SECTIONS AMENDED: SS 6-122, 6-122.01,
7 6-122.2 AND 6-122.3
8
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA:
11
12 That Sections 6-122,6-122.01,6-122.2 and 6-122.3 of the Code of the City of
13 Virginia Beach, Virginia, are hereby amended and reordained to read as follows:
14
15 Sec. 6-122. Operating motor boat, vessel, water skis, etc., while under influence
16 of intoxicating beverages or drugs : penalty: removal of vessel.
17
18 (a) No person shall operate any watercraft or motorboat which is underway (i)
19 while such person has a blood alcohol concentration of 0.08 percent or more by weight,
20 by volume or 0.08 grams or more per t'.vo hundred and ten (210) liters of breath as
21 indicated by 3 chemical test administered in accordance 'A'ith section 6 122.2, at or
22 qreater than the blood alcohol concentration at which it is unlawful to drive or operate a
23 motor vehicle as provided in Code of Virqinia Section 18.2-266 as indicated by a
24 chemical test administered in accordance with Section 6-122.2, (ii) while such person is
25 under the influence of alcohol, (iii) while such person is under the influence of any
26 narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or
27 any combination of such intoxicants or drugs to a deqree which impairs his ability to
28 operate the watercraft or motorboat safely, Gf-(iv) while such person is under the
29 combined influence of alcohol and any drug or drugs, to a degree which impairs his
30 ability to operate the watercraft or motorboat safely, or (v) while such person has a
31 blood concentration of any of the followinq substances at a level that is equal to or
32 qreater than: (a) 0.02 milliqrams of cocaine per liter of blood, (b) 0.1 milliqrams of
33 methamphetamine per liter of blood, (c) 0.01 milliqrams of phencyclidine per liter of
34 blood, or (d) 0.1 milliqrams of 3,4-methylenedioxymethamphetamine per liter of blood.
35
36 (b) For purposes of this article, the word "operate" shall include being in
37 actual physical control of a watercraft or motorboat and "underway" shall mean that a
38 vessel is not at anchor, or made fast to the shore, or aground.
39
40 (c) Any person who violates any provision of this sSection shall be guilty of a
41 Class 1 misdemeanor and subiect to the provisions of Code of Virqinia Section 29.1-
42 738.5.
43
44 (d) In any case in which a law enforcement officer arrests the operator of a
45 vessel, and there is no leqal cause for the retention of the vessel by the officer, the
46 officer shall allow the person arrested to desiqnate another person who is present at the
47
48
49
50
51
52
53
54
55
56
57
58
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61
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scene of the arrest to operate the vessel from the scene to a place desiqnated by the
person arrested. If such a desiqnation is not made. the officer may cause the vessel to
be taken to the nearest appropriate place for safekeepinq.
Sec. 6-122.01.
Persons under age twenty-one operating watercraft after
consuming alcohol; penalty.
(a) It shall be unlawful for any person under the age of twenty-one (21) to
operate any watercraft or motorboat upon the waters of the GCommonwealth after
consuming alcohol. Any such person with a blood alcohol concentration of 0.02 percent
or more by weight by volume or 0.02 grams or more per two hundred and ten (210)
liters of breath but less than 0.08 by weight by volume or less than 0.08 grams per two
hundred and ten (210) liters of breath as indicated by a chemical test administered in
accordance with sSection 6-122.2 shall be in violation of this sSection.
(b) A violation of subsection (a) shall be punishable by denial by the court of
such person's privilege to operate a watercraft or motorboat for a period of six (6)
months from the date of conviction and by a fine of not more than five hundred dollars
($500.00). Any person convicted of a violation of this sSection shall be eligible to attend
an Alcohol Safety Action Program under the provisions of sSection 29.1-738.5 of the
Code of Virginia. as amended.
Sec. 6-122.2. Consent to blood or breath test.
(a) Any person who operates a watercraft or motorboat which is underway
upon waters of the GCommonwealth shall be deemed thereby, as a condition of such
operation, to have consented to have samples of his or her blood, breath or both blood
and breath taken for a chemical test to determine the alcohol, drug or both alcohol and
drug content of his or her blood, if such person is arrested for operating a watercraft or
motorboat which is underway in violation of subsection (a) of sSections 6-122 or 6-
122.01, within two (2) three (3) hours of the alleged offense. Any person so arrested for
a violation of clause (i) or (ii), or both, of sSection 6-122(a), or for a violation of sSection
6-122.01 (a). shall submit to a breath test. If the breath test is not available, or the
person is physically unable to submit to a breath test, a blood test shall be given. The
accused shall, prior to the administration of the test, be advised by the person
administering the test that he/she has a right to observe the process of analysis and to
see the blood-alcohol reading on the equipment used to perform the breath test. If such
equipment automatically produces a written printout of the breath test result, this written
printout, or a copy thereof, shall be given to the accused in each case.
(b) Any person, after having been arrested for a violation of clause (iii) 9f--jiv)
or (v) of sSection 6-122(a) or for a violation of sSection 6-122.01, may be required to
submit to a blood test to determine the drug or both drug and alcohol content of his or
her blood. When a person, after having been arrested for a violation of clause (i) or (ii),
or both, of sSection 6-122(a) or for a violation sSection 6-122.01, submits to a breath
test, in accordance with subsection (a) of this sSection, or refuses to take or is
93 incapable of taking such a breath test, he/she may be required to submit to tests to
94 determine the drug or both drug and alcohol content of his or her blood if the law-
95 enforcement officer has reasonable cause to believe the person was operating a
96 watercraft or motorboat under the influence of any drug or combination of drugs, or the
97 combined influence of alcohol and drugs.
98
99 (c) If a person, after being arrested for a violation of subsection (a) of
100 sSections 6-122 or 6-122.01 and after having been advised by the arresting officer that
101 a person who operates a watercraft or motorboat which is underway upon the waters of
102 the eCommonwealth shall be deemed thereby, as a condition of such operation, to have
103 consented to have a sample of his or her blood and breath taken for a chemical test to
104 determine the alcohol or drug content of his or her blood, and that the unreasonable
105 refusal to do so constitutes grounds for a court to order him or her not to operate a
106 watercraft or motorboat which is underway upon the waters of the eCommonwealth,
107 then refuses to permit the taking of a sample of his or her blood or breath or both blood
108 and breath samples for such tests, the arresting officer shall take the person arrested
109 before a committing magistrate. If the person is unable to be taken before a magistrate
110 because the person is taken to a medical facility for treatment or evaluation of his
111 medical condition, the arresting officer at a medical facility, in the presence of a witness
112 other than a law-enforcement officer, shall again advise the person, at the medical
113 facility, of the law requiring blood or breath samples to be taken and the penalty for
114 refusal. If he/she again so refuses after having been further advised by such magistrate
115 or by the arresting officer at the medical facilitv of the law requiring a blood or breath
116 sample to be taken and the penalty for refusal, and so declares again his or her refusal
117 in writing upon a form provided by the Supreme Court of Virginia, or refuses or fails to
118 so declare in writing and such fact is certified as prescribed in Code of Virginia, sSection
119 18.2-268.3, then no blood or breath sample shall be taken even though he/she may
120 thereafter request same.
121
122 (d) When any person is arrested for operating a watercraft or motorboat which
123 is underway in violation of subsection (a) of sSection 6-122, the procedures and
124 requirements of Code of Virginia, sSections 18.2-268.1 through 18.2-268.11 shall apply,
125 mutatis mutandis, to this sSection.
126
127 (e) If the court or jury finds the defendant guilty of unreasonably refusing to
128 permit a blood or breath sample to be taken, the court shall order such person not to
129 operate a watercraft or motorboat which is underway for a period of twelve (12) months
130 for a first offense and for twenty-four (24) months for a second or subsequent offense of
131 refusal within five (5) years of the first or other such refusal. However, if the defendant
132 pleads guilty to a violation of subsection (a) of sSections 6-122 or 6-122.01, the court
133 may dismiss the refusal warrant.
134
135 Sec. 6-122.3. Presumptions from alcoholic content.
136
137 In any prosecution for operation of a watercraft or motorboat which is underway
138 in violation of clause (ii) or (iv) of subsection (a) of sSection 6-122, the amount of
139 alcohol in the blood of the accused at the time of the alleged offense as indicated by a
140 chemical analysis of a sample of the accused's blood or breath to determine the
141 alcoholic content of his blood in accordance with the provisions of sSection 6-122.2
142 shall give rise to the following rebuttable presumptions.;.-at Code of Virqinia Section 18.2-
143 269(A)(1) throuqh (4).
144
145 (1) If there 'Nas at that time 0.05 percent or less by \\'eight by volume of
146 alcohol in the accused's blood, or 0.05 grams or less per two hundred ten (210) liters of
147 the accused's breath, it shall be presumed that the accused 'Nas not under the influence
148 of alcoholic intoxicants;
149
150 (2) If there was at that time in excess of 0.05 percent but less than 0.08
151 percent by ...:eight by volume of alcohol in the accused's blood, or 0.05 grams but less
152 than 0.08 grams per two hundred ten (210) liters of the accused's breath, such facts
153 shall not give rise to any presumption that the accused was or was not under the
154 influence of alcoholic intoxicants, but such facts may be considered with other
155 competent evidence in determining the guilt or innocence of the accused;
156
157 (3) If there v:as at that time 0.08 percent or more by weight by volume of
158 alcohol in the accused's blood, or 0.08 grams or more per two hundred ten (210) liters
159 of the accused's breath, it shall be presumed that the accused was under the influence
160 of alcoholic intoxicants.
161
162 Be it further ordained that the effective date of this ordinance shall be July 1,
163 2007.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 26th
day of June, 2007.
1 AN ORDINANCE TO AMEND SECTIONS 2-462 AND
2 2-464 OF THE CITY CODE PERTAINING TO HIGH
3 CONSTABLE
4
5 SECTIONS AMENDED: S 2-462 AND 2-464
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9
10 That Sections 2-462 and 2-464 of the Code of the City of Virginia Beach, Virginia,
11 are hereby amended and reordained to read as follows:
12
13 Sec. 2-462. High constable; appointment.
14
15 Pursuant to sections 20.11 and 20.14 of the Charter, the sheriff is hereby
16 appointed as the high constable and is authorized to designate deputy sheriffs to act on
17 his behalf in carrying out the duties of the high constable as set forth in section 4-49J 2-
18 463.
19
20
21
22 Sec. 2-464. Fees collected by high constable.
23
24 (a) The fees collected by the high constable shall be the same as those fees
25 set forth in section 14.1 105 17.1-273 of the Code of Virginia, as amended.
26
27 (b) All such fees shall be deposited into the city treasury for use in the general
28 operation of the city.
29
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 26th
day of June, 2007.
1 AN ORDINANCE TO AMEND SECTION 21-
2 303 OF THE CITY CODE, REPEAL SECTION
3 21-307, AND ADD SECTION 21-312, ALL
4 PERTAINING TO PARKING PROHIBITIONS
5
6 SECTION AMENDED: S 21-303
7 SECTION REPEALED: S 21-307
8 SECTION ADDED: S 21-312
9
10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
11 BEACH, VIRGINIA:
12
13 That Section 21-303 of the Code of the City of Virginia Beach, Virginia, is hereby
14 amended and reordained, that Section 21-307 is hereby repealed, and Section 21-312
15 is hereby added and ordained to read as follows:
16
17 Sec. 21-303. General parking prohibitions; penalties for violation.
18
19 (a) No person shall park a vehicle, except when necessary to avoid conflict
20 with other traffic or in compliance with the directions of a police officer or traffic-control
21 device, in any of the following places:
22 (1) '1'Jithin fiftoen (15) feet of a fire hydrant.
23 f21ill Within any designated fire lane.
24 ~m At any place so as to block any fire department connection.
25 ~ru Within fifteen (15) seventy-five (75) feet of the driveway entrance to any
26 fire station aflG, if properly posted, or on the side of a street opposite the
27 entrance to any fire station, within seventy five (75) feet of the entrance,
28 v/hen properly signposted.
29 (5) '.^!ithin fifteen (15) feet of the entrance to a building housing rescue squad
30 equipment or ambulances, pro'.'ided such buildings arc plainly designated.
31 (e1ffi In front of a public or private driveway.
32 (7) '1'1ithin an intersection.
33 ~@ On the roadway side of any vehicle parked at the edge or curb of a street
34 (double parking).
35 f9t@ Upon any bridge or other elevated structure upon a street or highway or
36 within a tunnel.
37 fiG1illOn the left-hand side of roadway of a two-way street. The provisions of
38 this sub-section exclude those city vehicles operated by city employees
39 executing official duties that require repeated vehicle exit and entry.
40 0-11lIDAt any place so as to impede or render dangerous the use of any street or
41 highway.
42
43 (b) No person shall park a vehicle, except when necessary to avoid conflict
44 with other traffic or in compliance with the directions of a police officer or traffic-control
45 device, in any of the following places:
46 (1) On a sidewalk.
47 (2) On a crosswalk.
48 (3) Within twenty (20) feet of a marked crosswalk at an intersection; provided,
49 however, th3t v..here there is no cross\\'3Ik at 3n intersection, no person
50 shall so park a vehicle within t\\'enty (20) feet from the intersection of curb
51 lines or, if none, then within fifteen (15) foet of the intersection of property
52 Mes.
53 (4) Within thirty (30) feet upon the approach to any flashing beacon, stop sign
54 or traffic-control signal located at the side of a roadway.
55 (5) Between a safety zone and the adjacent curb or within thirty (30) feet of
56 points on the curb immediately opposite the ends of a safety zone, unless
57 a different length is indicated by official signs or markings.
58 (6) Within fifty (50) feet of the nearest rail of a railroad grade crossing.
59 (7) Alongside or opposite any street excavation or obstruction, when such
60 parking would obstruct traffic.
61 (8) At any place where official signs prohibit, reserve or restrict parking,
62 (9) In a residential or apartment district (area), if such vehicle is a commercial
63 vehicle in excess of twenty (20) feet in length and/or seven (7) feet in
64 height. This restriction shall not apply to commercial vehicles parked while
65 engaged in the normal conduct of business or in the delivery or provision
66 of goods or services in a residential or apartment district (area).
67 (10) At any place so as to prevent the use of a curb ramp located on public
68 property or on privately owned property open to the public.
69 (11) At any place, angle parked or perpendicular to a curb, unless street
70 markings permit.
71 (12) On any street or highway or any City parking lot, displaying a sign or
72 lettering indicating that the vehicle is offered for sale or rent.
73
74 (c) No person shall park on any street or highway, or on any City parking lot,
75 any vehicle which fails to display one (1) or more of the following:
76 (1)!\ valid st3te vehicle safety inspection decal.
77 (2) V yalid and current state license plates.
78
79 (d) (1) VVhen a notice or citation is attached to a vehicle found parked in
80 viol3tion of 3ny provision of this Section, the owner of the vehicle may,
81 within fourteen (11) calendar days thereafter, pay to the City Treasurer, in
82 s3tisfaction of such viol3tion, a penalty of thirty five dollars ($35.00), for a
83 viol3tion of any provision of subsection (3) or (c), except (3)(2), or twenty
84 dollars ($20.00) for 3 violation of any provision of subsection (b), for each
85 hour or fr3ction thereof during which such vehicle was unl3wfully parked.
86 Such payment shall constitute a plea of guilty of the violation in question. If
87 such p3yment is not postmarked or received by the City Tre3surer within
88 fourteen (11) calendar days after issuance of such notice or citation, the
89 penalty shall be seventy dollars ($70.00) for a violation of any provision of
90 subsection (a) or (c) of this section, except (3)(2), and forty dollars
91 ($10.00) for a violation of any provision of subsection (b) of this Section.
92 (2) For violations of subsection (a)(2), the penalty shall be fifty dollars
93 ($50.00) if paid to the City Treasurer within fourteen (11) days after the
94 notice or citation is issued, and if payment is not postmarked or received
95 by the City Treasurer 'Nithin fourteen (11) days after issuance of the notice
96 or citation, the penalty shall be one hundred dollars ($100.00).
97
98 (e) The failure of any owner to make payment in accord 'I.'ith subsection (d)
99 abovo or present the notice or citation for a violation of this Section at an office of the
100 City Treasurer for certification to the General District Court, v.'ithin thirty (30) days, shall
101 render such O'.\'ner subject to a fine of not more than fifty dollars ($50.00) in addition to
102 the penalty prescribed by subsection (d).
103
104 (d) Penalties
105 (1) When a notice or citation is attached to a vehicle found parked in violation of
106 any provision of this Section or Section 21-1 incorporatinQ the provisions of Title 46.2 of
107 the Code of VirQinia. the owner of the vehicle may pay to the City Treasurer, in
108 satisfaction of any such violation, a penalty fine as listed below when such payment is
109 postmarked or received by the City Treasurer within fourteen (14) calendar day after
110 issuance of such a notice or citation. Such payment shall constitute a plea of Quilty to
111 the violation in Question.
112 (i) A penalty fine as provided by the Rules of the Supreme Court for all violations
113 of City Code Section 21-1 incorporatinQ the provisions of Title 46.2 of the Code of
114 VirQinia.
115 (ij) A penalty fine of thirty-five dollars ($35) for a violation of any provision of
116 subsection (a), except (a)(2), for each hour or fraction thereof durinQ which such
117 vehicle was unlawfully parked.
118 (iii) A penalty fine of twenty dollars ($20) for a violation of any provision of
119 subsection (b) for each hour or fraction thereof durinQ which such vehicle was
120 unlawfully parked.
121 (iv) A penalty fine of thirty-five dollars ($35) for a violation of subsection (c) for
122 each day or fraction thereof durinQ which such vehicle was unlawfully parked.
123 (v) A penalty fine of fifty dollars ($50) for a violation of subsection (a)(2) for each
124 hour or fraction thereof durinQ which such vehicle was unlawfully parked.
125 (2) If such payment is not postmarked or received by the City Treasurer within
126 fourteen (14) calendar days after issuance of such notice or citation, the penalty fine
127 shall increase to double that indicated above.
128 (3) For failure to respond to notices or citations within thirty (30) days. refer to
129 Section 21-312(b) below.
130
131 Soc. 21 307. Parking vehicle without current state liconso.
132
133 It shall be unlavJful for any person to park any vehicle having no current state
134 license on any high'Nay v:ithin the City.
135
136
137 Sec.21-312 Penalty for violations of Division; Fine for Failure to Pay in Timely
138 Manner.
139
140 (a) Unless otherwise provided, when a notice or citation is attached to a vehicle
141 or Qiven to a driver pursuant to this Division. the owner of the vehicle may. within
142 fourteen (14) calendar days thereafter. pay to the City Treasurer. in satisfaction of the
143 violation. a ~enalty of thirty-five dollars ($35). Such payment shall constitute a plea of
144 Quilty to the violation. If such payment is not postmarked or received by the City
145 Treasurer within fourteen (14) calendar days after receipt of such notice or citation, the
146 penalty shall be seventy dollars ($1Q1.
147
148 (b) Any owner who. within thirty (30) days of notice or citation issuance. fails to
149 either make payment as provided by this Division. or to present the citation or notice of
150 violation at any office of the City Treasurer for certification to the General District Court,
151 shall be subiect to a supplementary fine of not more than fifty dollars ($50) in addition to
152 the penalty set forth in this Division.
153
154 Be it further ordained that the effective date of this ordinance is July 1, 2007.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 26th
day of June, 2007.
1 AN ORDINANCE TO AMEND SECTIONS 23-
2 22.1 AND 23-22.2 OF THE CITY CODE
3 PERTAINING TO DRINKING ALCOHOLIC
4 BEVERAGES IN PUBLIC PLACES OR ON
5 PUBLIC SCHOOL GROUNDS
6
7 SECTIONS AMENDED: SS 23-22.1 AND 23-22.2
8
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA:
11
12 That Sections 23-22.1 and 23-22.2 of the Code of the City of Virginia Beach,
13 Virginia, are hereby amended and reordained to read as follows:
14
15 Sec. 23-22.1. Drinking alcoholic beverages, or tendering to another, in public
16 place.
17
18 (a) If any person shall take a drink of alcoholic beverage or shall tender a
19 drink thereof to another, whether accepted or not, or manually possess any unsealed or
20 open container of any kind which contains an alcoholic beverage, at or in any public
21 place, as defined bv section 4.1-100, Code of VirQinia, or on or within any vehicle
22 located in a public place, he shall be guilty of a Class 4 misdemeanor.
23
24 (b) It shall be unlawful and punishable as a Class 4 misdemeanor for any
25 person to consume an alcoholic beverage while driving a motor vehicle upon a public
26 highway of this city. A rebuttable presumption that the driver has consumed an alcoholic
27 beverage in violation of this section shall be created if (i) an open container is located
28 within the passenger area of the motor vehicle, (ii) the alcoholic beverage in the open
29 container has been at least partially removed and (iii) the appearance, conduct, odor of
30 alcohol, speech or their physical characteristic of the driver of the motor vehicle may be
31 reasonably associated with the consumption of an alcoholic beverage.
32
33 (c) This section shall not prevent any person from drinking alcoholic
34 beverages or offering a drink thereof to another in the dining room or other designated
35 room, as defined in section 4-25, Code of Virginia, of a hotel, restaurant, club or boat, or
36 in a dining car, club car, or buffet car of any train, or beer only within all seating areas,
37 concourses, walkways, concession areas, as well as other additional locations
38 designated by the Virginia Alcoholic Beverage Control Commission, in coliseums,
39 stadia, or similar facilities, during the performance of a professional sporting exhibition
40 or event, provided such beer is served in a paper, plastic or similar disposable
41 container, or in any other establishment, provided such hotel, restaurant, club, boat,
42 dining car, club car, buffet car, coliseum, stadium or similar facility or other
43 establishment, or the person who operates the same, including a concessionaire, is
44 licensed to sell at retail for consumption in such dining room, room, car, seating areas,
45 concourses, walkways, concession areas, as well as other additional locations
46 designated by the commission, in such coliseum, stadium or similar facility or
47 establishment, such alcoholic beverages, and the alcoholic beverages drunk or offered
48 were purchased therein.
49
50 Sec. 23-22.2. Drinking or possession of alcoholic beverages in or on public
51 school grounds.
52
53 If any person, in or upon the grounds of any free public element:3rY or secondary
54 school, during school hours or school or student activities, shall take 3 drink of any
55 31coholic bever3ge or h3'1e in his possession any alcoholic beverage, he shall bo guilty
56 of a misdeme3nor punish3ble by confinement in jail for not more th3n six (6) months
57 3nd 3 fine of not more than five hundred dollars ($500.00), either or both.
58
59 a. No person shall possess or drink any alcoholic beveraqe in or upon the
60 qrounds of any public elementary or secondary school durinq school hours or durinq
61 school or student activities.
62
63 b. No person shall drink and no orqanization shall serve any alcoholic
64 beveraqe in or upon the qrounds of any public elementary or secondary school after
65 school hours, or after student activities. except for reliqious conqreqations usinq wine
66 for sacramental purposes only.
67
68 c. Any person convicted of a violation of this section shall be quilty of a Class
69 2 misdemeanor.
70
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 26th
day of June, 2007.
1 AN ORDINANCE TO ADD SECTION 23-43.1
2 TO THE CITY CODE PERTAINING TO
3 TRESPASSING ON PUBLIC
4 TRANSPORTATION
5
6 SECTION ADDED: 9 23-43.1
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10
11 That Section 23-43.1 of the Code of the City of Virginia Beach, Virginia, is hereby
12 added to read as follows:
13
14 Sec. 23-43.1 Trespassing on public transportation; penaltv
15
16 @l Any person who enters or remains upon or within a vehicle operated by a
17 public transportation service without the permission of, or after havinq been forbidden to
18 do so by the owner, lessee, or authorized operator thereof is quilty of a Class 4
19 misdemeanor.
20
21 lQ.l "Public transportation service" means passenqer transportation service
22 provided by bus. rail or other surface conveyance that provides transportation to the
23 qeneral public on a reqular and continuinq basis.
24
25 Be it further ordained that the effective date of this ordinance is July 1, 2007.
26
27 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 26th
28 day of June, 2007.
1 AN ORDINANCE TO ADD SECTION 38-2.1
2 TO THE CITY CODE PERTAINING TO
3 FINGERPRINTING FOR CONCEALED
4 HANDGUN PERMITS
5
6 SECTION ADDED: 9 38-2.1
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10
11 That Section 38-2.1 of the Code of the City of Virginia Beach, Virginia, is hereby
12 added to read as follows:
13
14 Sec.38-2.1 Finaerprints required; exception
15
16 ill As authorized bv Code of Virqinia & 15.2-915.3, each person filinq an
17 application for a concealed firearm permit shall submit to finqerprintinq for the purposes
18 of obtaininq the applicant's state or national criminal history record.
19
20 Ql Finqerprintinq shall not be required for the renewal application of an
21 existinq permit issued pursuant to Code of Virqinia & 18.2-308(1).
22
23 Be it further ordained that the effective date of this ordinance is July 1, 2007.
24
25 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 26th
26 day of June, 2007.
- 33 -
Item V.J.4.alb.
RESOLUTIONS/ORDINANCES
ITEM #56574
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinances re Beaches and Waterways Advisory Commission
a. AMEND and REORDAIN ~6-162 of the City Code re terms of members
b. AMEND By-Laws re removal of staggered terms
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, John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
June 26, 2007
1 AN ORDINANCE TO AMEND SECTION 6-162 OF THE CITY
2 CODE PERTAINING TO THE TERMS OF MEMBERS OF
3 THE BEACHES AND WATERWAYS ADVISORY
4 COMMISSION
5
6 Section Amended: City Code S 6-162
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA:
10
11 That the City Code is hereby amended and reordained by the amendment of
12 Section 6-162 to read as follows:
13
14 CHAPTER 6
15 BEACHES, BOATS AND WATERWAYS
16
17
18
19 ARTICLE VIII. BEACHES AND WATERWAYS ADVISORY COMMISSION
20
21
22
23 Sec. 6-162. Composition; terms of members.
24
25 (a) The commission shall be comprised of eleven (11) members, with one member
26 being appointed by city council from the residents of each of the city's seven (7) election
27 districts, and four (4) members being appointed by city council from the residents of the
28 city at large. Members shall be appointed for terms of three (3) years.
29
30 (b) The initial terms of two (2) at large members and the members appointed from
31 the Bayside, Beach and Centerville districts shall be for three (3) years; the initial terms
32 of one at large member and the mombers appointed from the Kempsville and
33 Lynnhaven districts shall be for 1\\'0 (2) years; and the initial terms of one at large
34 member and the members appointed from the Princess ^nne and Rose Hall districts
35 shall be for one year. Thereafter, the terms of all members shall be for three (3) years.
36
Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th day of
June, 2007.
APPROVED AS TO LEGAL
SUFFICIENCY:
ldlifkA IW.N0J4j
City Attorney's Office
CA 10426
R-4
June 15, 2007
1 AN ORDINANCE TO AMEND THE BYLAWS OF THE
2 BEACHES AND WATERWAYS COMMISSION REGARDING
3 TERMS OF MEMBERSHIP
4
5 WHEREAS, the Bylaws of the Beaches and Waterways Advisory Commission
6 were adopted by the City Council on May 23, 2000; and
7
8 WHEREAS, such Bylaws provided for staggered initial terms of members of the
9 Commission; and
10
11 WHEREAS, all such initial terms have expired, such that there is no further need
12 to provide for staggered initial terms for the Commission.
13
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16
17 That Article III, Sections 2 and 3 and Article V, Section 1 of the Bylaws of the
18 Beaches and Waterways Advisory Commission are hereby amended and reordained to
19 read as follows:
20 ARTICLE III
21 MEMBERS
22
23
24
25 Section 2. Term. The initial terms of the members appointed from the Bayside, Beach
26 ~md Centerville districts shall be for three (3) years; the initial terms of the one (1) at
27 large member and the members appointed from the Kempsville and Lynnhavon districts
28 shall be for two (2) years; and the initial terms of the one (1) at large member and the
29 members appointed from the Princess I\nne and Rose Hall districts shall be for one (1)
30 year. Thereafter, a_members Members shall be appointed to serve more than three
31 (3) years terms, and in accordance with ~ Section 2-3 of the City Code, no member shall
32 be appointed to serve more than three (3) consecutive three-year terms. All initial
33 appointments shall commence on the same date.
34
35 Section 3. Qualifications. Each member must be a resident of the district from which he
36 or she is appointed, and the at-large member~ must be a-resident~ of the City of Virginia
37 Beach. The appointees shall have knowledge and experience concerning beach and
38 waterway-related issues.
39
40 ARTICLE V
41 REPORTS
42
43 Section 1. Annual Report. Within forty-five (45) days of the end of the rascal fiscal
44 year, the Commission shall prepare, and submit to City Council, an annual report of its
45 activities, recommendations, and proposals, including a financial statement, if
46 applicable.
47
48
49
50 A true copy of the Bylaws of the Beaches and Waterways Advisory Commission
51 is attached as amended.
52
Adopted by the Council of the City of Virginia Beach, Virginia on the 26th day of
June, 2007.
BYLAWS OF THE BEACHES AND WATERWAYS
ADVISORY COMMISSION
ARTICLE I
NAME
The name of the commission shall be the Beaches and Waterways Advisory
Commission.
ARTICLE II
PURPOSE
The purpose of the Commission shall be:
1. To review issues referred to it by City Council concerning access to, and the
preservation, development and use of, the City's beaches and waterways, and to make
recommendations to the City Council regarding such issues.
2. To serve as the City's local erosion advisory commission and carry out the
responsibilities imposed on such local commissions pursuant to S 10.1-711 of the Code
of Virginia.
ARTICLE III
MEMBERS
Section 1. Number. The Commission shall be comprised of eleven (11) members, with
one (1) member being appointed by City Council from the residents of each of the City's
seven (7) election districts, and four (4) members being appointed by City Council from
residents of the City at large.
Section 2. Term. Members shall be appointed to serve three (3) year terms, and In
accordance with Section 2-3 of the City Code, no member shall be appointed to serve
more than three (3) consecutive three-year terms.
Section 3. Qualifications. Each member must be a resident of the district from which he
or she is appointed, and the at-large members must be residents of the City of Virginia
Beach. The appointees shall have knowledge and experience concerning beach and
waterway-related issues.
Section 4. Chair and Vice-Chair. The Chair and Vice-Chair shall be appointed by a
majority vote of the Commission held on the first meeting in July, and shall serve for a
term of one (1) year. The Chair (or Vice-Chair in the Chair's absence) shall preside over
all meetings of the Commission. The Chair and Vice-Chair may be re-appointed for
additional terms.
Section 5. Attendance. Attendance records shall be kept at each meeting of the
Commission and an annual report of the attendance of the members shall be filed with
the City Clerk by June 30 of each year for review by city Council. No member shall
accumulate an annual total of more than three (3) absences (or be absent from more
than one-fourth of the total number of meetings). If this limitation is exceeded from
reasons other than personal illness, death, or other unusual circumstances, the
appointment shall be terminated automatically, or as otherwise prescribed by law.
Members shall be paid $50.00 for each meeting attended.
Section 6. Vacancies. A vacancy caused by death, resignation, termination, expiration,
or otherwise shall be filled by City Council for the unexpired term thereof, or in the case
of an expiration, for three (3) years, within thirty (30) days of said vacancy.
ARTICLE IV
MEETINGS
Section 1. Regular meetings. When the Commission has business it shall meet at least
once a month at a time and location to be determined by the Chair upon consultation
and coordination with the other members.
Section 2. Special meetings. A special meeting may be called by the Chair of three (3)
members of the Commission, or may be convened by City Council, to consider any
matter that, in the determination of the Chair, the members, or the City Council, needs to
be addressed prior to a regular meeting.
Section 3. Requirements. A majority of Commission members shall be present in order
for any official action to be taken. All actions of the Commission shall be conducted at a
regular or special meeting and shall require a majority vote of those members present.
ARTICLE V
REPORTS
Section 1. Annual Report. Within forty-five (45) days of the end of the fiscal year, the
Commission shall prepare, and submit to City Council, an annual report of its activities,
recommendations, and proposals, including a financial statement, if applicable. Interim
reports to City Council may be provided when deemed appropriate or necessary by the
Commission or the Council.
Section 2. Requirements. All reports shall be approved by a majority of the members of
the Commission. In any report to the Council, the Commission shall identify any
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 (lithe 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.
Adopted by the City Council of the City of Virginia Beach on the 26th day
of .111 n p , 2007
- 34 -
Item V.J.5.
RESOLUTIONS/ORDINANCES
ITEM #56575
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to AUTHORIZE execution of a Deed of Release and
Exchange re an Agricultural Lands Preservation (ARP) easement for
GEORGE B., JR. and JUANITA F. PENDLETON re a three acre
building site at Indian Creek Road near Baum Road 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, John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
June 26, 2007
1 AN ORDINANCE AUTHORIZING AND DIRECTING
2 THE CITY MANAGER TO EXECUTE A DEED OF
3 RELEASE AND EXCHANGE PERTAINING TO AN
4 AGRICULTURAL LANDS PRESERVATION
5 EASEMENT LOCATED ON LAND OF GEORGE B.
6 PENDLETON, JR. AND JUANITA F. PENDLETON
7
8
9 WHEREAS, on September 13, 2000, the City of Virginia Beach (hereinafter the "City") and
10 George B. Pendleton, Jr. and Juanita F. Pendleton (hereinafter "Pendleton") entered into
11 Installment Purchase Agreement Number 2000-30, whereby the City acquired an Agricultural
12 Lands Preservation Easement (hereinafter "Preservation Easement") upon certain property
13 owned by Pendleton; and
14
15 WHEREAS, as part of the aforesaid transaction, Pendleton reserved for future
16 development a portion of property having an area of 3.000 acres, more or less, such that the
17 Preservation Easement does not encumber the reserved area; and
18
19 WHEREAS, Pendleton desires to exchange an area of land not encumbered by the
20 Preservation Easement for an equal area of land which is to be encumbered by the Preservation
21 Easement, as shown on the attached plat entitled "AMENDED EXHIBIT SHOWING EASEMENT
22 EXCEPTION ON PROPERTY STANDING IN THE NAME OF GEORGE B. & JUANITA F.
23 PENDLETON JR DB 937 PG 286 FOR CITY OF VIRGINIA BEACH AGRICULTURAL RESERVE
24 PROGRAM VIRGINIA BEACH, VIRGINIA" Scale 1" = 40', dated June 5, 2007, and prepared by
25 Digital Survey Services, LLC; and
26
27 WHEREAS, pursuant to Section 11 of the Agricultural Lands Preservation Ordinance
28 (hereinafter "Ordinance"), a landowner may petition the City Council for the extinguishment of a
29 Preservation Easement in exchange for the conveyance to the City of a Preservation Easement
30 on a different portion of the landowner's property, under certain conditions set forth in the
31 Ordinance; and
32
33 WHEREAS, the Ordinance provides that the City Council shall approve such an exchange
34 if it makes certain findings enumerated in the Ordinance; and
35
36 WHEREAS, the City Council does hereby make such findings, to-wit:
37
38 (1) the acquisition of the proposed Preservation Easement in lieu of the existing Preservation
39 Easement does not adversely affect the City's interests in accomplishing the purposes of the
40 Ordinance;
41 (2) the proposed Preservation Easement area meets all of the eligibility requirements set forth
42 in Section 7 of the Ordinance;
1
43
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51
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(3) the land to be encumbered by the proposed Preservation Easement is of at least equal fair
market value, is of greater value as permanent open space, and of as nearly as feasible
equivalent usefulness and location for use as permanent open-space land as the property on
which the existing Preservation Easement is located; and
(4) the consideration for the acquisition of the new Preservation Easement consists solely of
the extinguishment of the existing Preservation Easement.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH:
That subject to the determination of the City Attorney that there are no defects in title to
the property to be placed under the Preservation Easement or other restrictions or
encumbrances thereon which may, in the opinion of the City Attorney, adversely affect the City's
interests, the City Manager be, and hereby is, authorized and directed to execute a Deed of
Release and Exchange pursuant to which the City releases the existing Preservation Easement
on a portion of the property, as shown on the aforesaid survey, and acquires, in exchange
therefore, land equal in area to be placed under the Preservation Easement, as shown on such
survey.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 2..6..t19ay of
,2007.
JURO
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June 18, 2007
APPROVED AS TO CONTENT:
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SUFFICIENCY:
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Item V.J.6.
RESOLUTIONS/ORDINANCES
ITEM #56576
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to AUTHORIZE temporary encroachments into portions of
City property by DAVID F. and JERRY A. HARRIS to remove an
existing float, ramp and pier to construct the same and repair the pier at
700 Kennedy Avenue in Lake Rudee DISTRICT 6 - BEACH
The following conditions shall be required:
1. The Temporary Encroachment shall be constructed and maintained in accordance with
the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in
accordance with the City's specifications and approval.
2. Nothing shall prohibit the City from immediately removing or ordering the removal of all
or any part of the encroachment in the event of an emergency or public necessity, and
applicant shall bear all costs and expenses of such removal.
3. The Temporary Encroachment herein authorized terminates upon notice by the City to
the applicant, and that within thirty (30) days after the notice is given, the Temporary
Encroachment must be removed from the Encroachment Area by the applicant; and that
the applicant will bear all costs and expenses of such removal.
4. The applicant shall indemnify and hold harmless the City, its agents and employees, from
and against all claims, damages, losses and expenses including reasonable attorney's
fees in case it shall be necessary to file or defend an action arising out of the location or
existence of the Temporary Encroachment.
5. Nothing herein contained shall be construed to enlarge the permission and authority to
permit the maintenance or construction of any encroachment other than that specified
herein and to the limited extent specified herein, nor to permit the maintenance and
construction of any encroachment by anyone other than the applicant.
6. The applicant agrees to maintain the Temporary Encroachment so as not to become
unsightly or a hazard.
7. The applicant must obtain a permit from the Office of the Planning Department prior to
commencing any construction within the Encroachment Area.
8. The applicant must obtain and keep in force all-risk property insurance and general
liability or such insurance as is deemed necessary by the City, and all insurance policies
must name the City as additional named insured or loss payee, as applicable. The
applicant also agrees to carry comprehensive general liability insurance in an amount
not less than $500,000.00 combined single limits of such insurance policy or policies.
The applicant will provide endorsements providing at least thirty (30) days written notice
to the City prior to the cancellation or termination of, or material change to, any of the
insurance policies. The applicant assumes all responsibilities and liabilities, vested or
contingent, with relation to the Temporary Encroachment.
June 26, 2007
- 36 -
Item v.J. 6.
RESOL UTIONS/ORDINANCES
ITEM #56576 (Continued)
9. The temporary encroachment must conform to the minimum setback requirements.
10. Must submit for review and approval "as built" plans sealed by a registered
professional engineer, as required by the City Public Works/Operations Management
Division and the Engineering Division of Public Utilities.
11. The City, upon revocation of such authority and permission so granted, may remove the
Temporary Encroachment and charge the cost thereof to the applicant, and collect the
cost in any manner provided by law for the collection of local or state taxes; may require
the applicant to remove the Temporary Encroachment; and pending such removal, the
City may charge the applicant for the use of the Encroachment Area, the equivalent of
what would be the real property tax upon the land so occupied if it were owned by the
applicant; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
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, John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
June 26, 2007
1
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Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE
TEMPORARY ENCROACHMENTS INTO
CITY PROPERTY KNOWN AS LAKE
RUDEE LOCATED AT THE REAR OF
700 KENNEDY AVENUE FOR THE
ADJACENT PROPERTY OWNERS,
DAVID F. HARRIS AND JERRY A.
HARRIS, THEIR HEIRS, ASSIGNS
AND SUCCESSORS IN TITLE
WHEREAS, David S. Harris and Jerry A. Harris desire to
remove an existing float, ramp, and pier and to construct and
maintain a proposed float, fixed pier, and ramp, upon City
property located at the rear of 700 Kennedy Avenue upon and into
the City property known as Lake Rudee.
WHEREAS, City Council is authorized pursuant
2009 and 15.2-2107, Code of Virginia, 1950, as
authorize temporary encroachments upon and into
property subj ect to such terms and conditions as
prescribe.
to 55 15.2-
amended, to
the City's
Council may
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof
contained in 55 15.2-2009 and 15.2-2107, Code of Virginia, 1950,
as amended, David S. Harris and Jerry A. Harris, their heirs,
assigns and successors in title are authorized to remove an
existing float, ramp, and pier and to construct and maintain a
proposed float, fixed pier, and ramp, into the City's property
as shown on the map entitled: "PROPOSED ENCROACHMENT FOR DAVID
F. & JERRY A. HARRIS LOT 22, BLOCK 40, 700 KENNEDY AVENUE
SHADOWLAWN HEIGHTS BEACH DISTRICT, VIRGINIA BEACH, VIRGINIA", a
copy of which is on file in the Department of Public Works and
to which reference is made for a more particular description;
and
BE IT FURTHER ORDAINED, that the temporary encroachments
are expressly subj ect to those terms, conditions and criteria
contained in the Agreement between the City of Virginia Beach
and David F. Harris and Jerry A. Harris (the "Agreement"), which
is attached hereto and incorporated by reference; and
'^~/'\
46
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55
56
BE IT FURTHER
authorized designee
Agreement; and
ORDAINED, that the City
1S hereby authorized
his
the
Manager or
to execute
BE IT FURTHER ORDAINED, that this Ordinance shall not be in
effect until such time as David F. Harris and Jerry A. Harris
and the City Manager or his authorized designee execute the
Agreement.
the
26th
Adopted by
Virginia, on the
CA9623
Council of the
day of June
City of Virginia
, 2007.
Beach,
X:\OID\REAL ESTATE\EncroachmentslPW Ordinances\CA9623 Harris Ordinance,doc
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R-1
PREPARED: 5/1/07
APPROVED AS TO CONTENTS
~rroo C.~4-..
FtlREAL ESTATE
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
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Mffi Cf ~
CITY ATTORNEY
A ]iJ
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDA TION TAXES
UNDER SECTION 58.1-811 (C)(4)
THIS AGREEMENT, made this 4th day of
May
, 2007, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and DAVID F. HARRIS AND JERRY A.
HARRIS, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though
more than one.
WIT N E SSE T H:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as Lot 22, Block 40, as shown on that certain plat entitled "MAP
OF SHADOW LAWN HEIGHTS VIRGINIA BEACH PRINCESS ANNE CO" and recorded in
Map Book 7, Page 14 in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, and being further designated and described as 700 Kennedy Avenue, Virginia Beach,
Virginia 23451 ;
WHEREAS, it is proposed by the Grantee to remove an existing float, ramp, and
pier and to construct and maintain a float, ramp, and fixed pier, the "Temporary Encroachment",
in the City of Virginia Beach;
WHEREAS, in constructing and maintaining the Temporary Encroachment, it is
necessary that the Grantee encroach into a portion of existing City property known as Lake
Rudee, the "Encroachment Area"; and
GPIN (CITY PROPERTY - NO GPIN)
2427-01-5392
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the benefits
accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in
hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the
Grantee permission to use the Encroachment Area for the purpose of constructing and
maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment will be
constructed and maintained in accordance with the laws of the Commonwealth of Virginia and
the City of Virginia Beach, and in accordance with the City's specifications and approval and is
more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as shown
on that certain plat entitled: "PROPOSED ENCROACHMENT
FOR DAVID F. & JERRY A. HARRIS LOT 22, BLOCK 40,700
KENNEDY AVENUE SHADOWLA WN HEIGHTS BEACH
DISTRICT, VIRGINIA BEACH, VIRGINIA," a copy of which is
attached hereto as Exhibit "A" and to which reference is made for a
more particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment
from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall
bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Temporary Encroachment
herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30)
days after the notice is given, the Temporary Encroachment must be removed from the
2
/"
Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such
removal.
It is further expressly understood and agreed that the Grantee shall indemnify and
hold harmless the City, its agents and employees, from and against all claims, damages, losses
and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend
an action arising out of the construction, location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein contained shall
be construed to enlarge the permission and authority to permit the maintenance or construction of
any encroachment other than that specified herein and to the limited extent specified herein, nor
to permit the maintenance and construction of any encroachment by anyone other than the
Grantee.
It is further expressly understood and agreed that the Grantee agrees to maintain
the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain a permit
from the Office of Planning Department prior to commencing any construction within the
Encroachment Area.
It is further expressly understood and agreed that the Grantee must obtain and
keep in force all-risk property insurance and general liability or such insurance as is deemed
necessary by the City, and all insurance policies must name the City as additional named insured
or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability
insurance in an amount not less than $500,000.00, combined single limits of such insurance
policy or policies. The Grantee will provide endorsements providing at least thirty (30) days
written notice to the City prior to the cancellation or termination of, or material change to, any of
3
the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the construction, location, and/or existence of the Temporary
Encroachment.
It is further expressly understood and agreed that the Temporary Encroachment
must conform to the minimum setbacks requirements, as established by the City.
It is further expressly understood and agreed that the Grantee must submit for
review and approval, a survey of The Encroachment Area, certified by a registered professional
engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment
sealed by a registered professional engineer, if required by either the City Engineer's Office or
the Engineering Division ofthe Public Utilities Department.
It is further expressly understood and agreed that the City, upon revocation of
such authority and permission so granted, may remove the Temporary Encroachment and charge
the cost thereof to the Grantee, and collect the cost in any manner provided by law for the
collection of local or state taxes; may require the Grantee to remove the Temporary
Encroachment; and pending such removal, the City may charge the Grantee for the use of the
Encroachment Area, the equivalent of what would be the real property tax upon the land so
occupied if it were owned by the Grantee; and if such removal shall not be made within the time
ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One
Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is
allowed to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, David F. Harris and Jerry A. Harris, the said Grantee,
have caused this Agreement to be executed by their signatures. Further, that the City of Virginia
4
Beach has caused this Agreement to be executed in its name and on its behalf by its City
Manager and its seal be hereunto affixed and attested by its City Clerk.
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2007, by
, CITY MANAGER! AUTHORIZED
DESIGNEE OF THE CITY MANAGER.
Notary Public
My Commission Expires:
5
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
,2007, by RUTH HODGES FRASER, City Clerk for the CITY OF VIRGINIA
BEACH.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY/cornn~{ OF V (Jr1:J~ , to-wit:
The foregoing instrument was acknowledged before me this LJ."rh day of
~' 2007, by David F. Harris.
~~~
Notary Public
My Commission Expires: .5 ~ \ an (0
STATE OF VIRGINIA
CITY/COrnny OF ~'^ ~d, , to-wit:
The foregoing instrument was acknowledged before me this ~ day of
,-.J-tO ,2007, by Jerry A. Harris.
~~
Notary Public
My Commission Expires: 6lst\ a. a 10
6
APPROVED AS TO CONTENTS
~rm(S c. Cffvwsc..-.
SIGNATURE
PbJ ~Olj ~e:.
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
~\^.
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L--- PROPERlY UNE
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GPIN:2427-01-5471
KENNEDY 2
(M.B. 124, PG. 19)
engineering services, inc.
Civil Engineering - Land Surveying
3351 Stoneshore Road, Virginia Beach, VA. 23452
(757) 468-6800 FAX (757) 468-4966
E-mail: emailOesiolva.com
Pro.ect Scale: Drawn 8
93028 1-=30' JLR
Date
03/09/07
~'"
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PROPOSED ENCROACHMENT
FOR
DAVID F. & JERRY A HARRIS
LOT 22, BLOCK 40, 700 KENNEDY AVENUE
SHADOWLAWN HEIGHTS
BEACH DISTRICT, VIRGINIA BEACH, VIRGINIA
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- 37 -
Item v.J. 7.
RESOLUTIONS/ORDINANCES
ITEM #56577
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED:
Annual PERMIT RENEWAL for area private and non-profit EMS organizations:
American Lifeline Medical Transport
Children's Hospital of the King's Daughters
Eastern Shore Ambulance
Life EVAC of Virginia Medical Transport
Lifeline Ambulance Service, Inc.
Medical Transport
Nightingale Regional Air Ambulance
Network Medical Systems
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, John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
June 26, 2007
1 AN ORDINANCE TO GRANT PERMITS ALLOWING
2 CERTAIN EMERGENCY MEDICAL SERVICES
3 AGENCIES TO OPERATE IN THE CITY OF VIRGINIA
4 BEACH
5
6 WHEREAS, pursuant to City Code Section 10.5-2, any organization that operates
7 an emergency medical services agency or any emergency medical services vehicle within
8 the City must first obtain a permit from City Council, and such permits must be renewed on
9 an annual basis; and
10
11 WHEREAS, applications for permit renewals have been received by the following
12 agencies: American Lifeline Medical Transport, Children's Hospital of the King's Daughters,
13 Life Evac of Virginia Air Medical Transport, Medical Transport, Network Medical Systems,
14 Lifeline Ambulance Service, Eastern Shore Ambulance Service, and Nightingale Air
15 Ambulance; and
16
17 WHEREAS, the above-listed private ambulance agencies perform services not
18 provided by the City's volunteer rescue squads, such as non-emergency inter-facility
19 transports, which include both basic and advance life support calls.
20
21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
22 VIRGINIA BEACH;
23
24 1. That the City Council hereby grants Emergency Medical Services permits to the
25 following agencies:
26
27 American Lifeline Medical Transport, Children's Hospital of the King's Daughters,
28 Life Evac of Virginia Air Medical Transport, Medical Transport, Network Medical
29 Systems, Lifeline Ambulance Service, Eastern Shore Ambulance Service, and
30 Nightingale Air Ambulance.
31
32 2. That these permits shall be effective from July 1, 2007 until June 30, 2008.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 26th day
of June , 2007.
JL~
Emergency Medical Services
APPROVED AS TO LEGAL SUFFICIENCY:
~~.~
APPROVED AS TO CONTENT:
CA 1 0434
R-3
June 20, 2007
- 38 -
Item V.J.8.
RESOLUTIONS/ORDINANCES
ITEM #56578
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to APPOINT the Directors of Parks and Recreation,
Planning and Public Works as Viewers for one-year terms beginning
July 1, 2007, re closures of City streets and alleys.
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, John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
June 26, 2007
1 AN ORDINANCE APPOINTING THREE (3) VIEWERS FOR
2 ONE-YEAR TERMS BEGINNING JULY 1, 2007, TO VIEW
3 EACH STREET OR ALLEY PROPOSED TO BE CLOSED
4
5 WHEREAS, Section 33-11.2 of the City Code provides that "[t]hree (3) viewers
6 shall be appointed each year to serve terms of one year beginning July 1 to view each
7 and every street or alley proposed to be altered or vacated during the term;" and
8
9 WHEREAS, it is the desire of City Council to appoint the Directors of the
10 Departments of Planning, Public Works and Parks and Recreation to serve as viewers
11 for one-year terms, beginning July 1, 2007 and ending June 30, 2008.
12
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA:
15
16 That the Director of Planning, Director of Public Works and Director of Parks and
17 Recreation of the City of Virginia Beach are each hereby appointed as a viewer to serve
18 a one-year term beginning July 1, 2007 and ending June 30, 2008, to view each and
19 every application to close a street or alley, and to report in writing their opinion of what
20 inconvenience, if any, would result from discontinuing the street or alley or portion
21 thereof.
Adopted by the Council of the City of Virginia Beach, Virginia on the 26th
day of June ,2007.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
X~F
City Attorney's Offi
CA 1 0445
R-1
June 20, 2007
- 39 -
Item V.J.9.a/b.
RESOLUTIONS/ORDINANCES
ITEM #56579
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinances to ACCEPT and APPROPRIATE grant funds from
the Virginia Department of Transportation (VDOT) to
ESTABLISH new Capital Improvement Programs (CIP), Bicycle
and Pedestrian Safety, re installation of pedestrian signs and
flashing lights:
a. $63,450 for PACIFIC A VENUE between 5th and 43rd Streets
b. $36, 288 for SHORE DRIVE between Kendall Street and Vista Circle
Voting:
J 0-0 (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, John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
June 26, 2007
1 AN ORDINANCE TO ESTABLISH CIP #2-166, PACIFIC
2 AVENUE BICYCLE AND PEDESTRIAN SAFETY, AND TO
3 ACCEPT AND APPROPRIATE A $63,450 GRANT FROM THE
4 VIRGINIA DEPARTMENT OF TRANSPORTATION TO
5 INSTALL PEDESTRIAN SIGNS AND FLASHING LIGHTS
6 ALONG PACIFIC AVENUE BETWEEN 5TH AND 43RD
7 STREETS
8
9
10 WHEREAS, a Bicycle and Pedestrian Safety Grant totaling $63,450 from the
11 Virginia Department of Transportation is available to be accepted and appropriated to CIP
12 #2-166, Pacific Avenue Bicycle and Pedestrian Safety, to install pedestrian signs with
13 flashing lights along Pacific Avenue between 5th and 43rd Streets;
14
15 WHEREAS, $7,460 in contributed staff time will be provided as an in-kind match for
16 this project.
17
18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA:
20
21 That CIP #2-166, Pacific Avenue Bicycle and Pedestrian Safety is hereby
22 established as a capital project.
23
24 That a $63,540 grant from the Virginia Department of Transportation is accepted
25 and appropriated to CIP #2-166 to install pedestrian signs with flashing lights along Pacific
26 Avenue between 5th and 43rd Streets, with estimated revenues increased accordingly.
27
28 Requires an affirmative vote by a majority of the members of the City Council.
29
30 Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th day of
31 J'mQ' 2007.
APPROVED AS TO CONTENT:
~tS P4l~"
anage en rvlces
APPROVED AS TO LEGAL SUFFICIENCY:
;::e~
City Attorney's Officet;;--
CA 10436
R-2
June 14, 2007
EXHIBIT A: PACIFIC AVENUE
FROM 5th STREET
TO 24th STREET
SYrfQ~T
CITY OF ".-GUllA KADI
DI.'PT.OIFPU.u:;WOI:.
I
o
700
DISCLAIMER: The data is provided "as is' and the City of Virginia Beach expressly disclaims all warranties, UCC, and otherwise, express or implied including particular purpose, and further eJl:pressly
disclaims responsibility for all incidental, consequential or special damages arising out of or in connection with the use or performance of th~ data. The user actmo.wledges the ~isclaimer 0: ~ar':8~ty
EXHIBIT B: PACIFIC AVENUE
FROM 24th STREET
TO 43rd STREET
DISCLAIMER: The data is provided "as is. and the City of Virginia Beach expressly disclaims aM warranties, UCC, and otherwise, express or implied including particular purpose, and further expressly
disclaims responsibility for all incidental, consequential or special damages arising out of or in connection with the use or perfonnance of the data. The user acknowl..nnA" I".. ,j;~,..b;~6. _< ..____"
and waives aN warranties expressed or implied and waives any riaht of r:j"im fnr rl.....,,~_~ '~..u"__'_' u_ ." .
Aerial Itnaael"V {rl ?no? rn__M".__I...L. _L ,,,__ .
1 AN ORDINANCE TO ESTABLISH CIP#2-163, SHORE DRIVE
2 BICYCLE AND PEDESTRIAN SAFETY, AND TO ACCEPT
3 AND APPROPRIATE A $36,288 GRANT FROM THE VIRGINIA
4 DEPARTMENT OF TRANSPORTATION TO INSTALL
5 PEDESTRIAN SIGNS AND FLASHING LIGHTS ALONG
6 SHORE DRIVE BETWEEN KENDALL STREET AND VISTA
7 CIRCLE
8
9
10 WHEREAS, a Bicycle and Pedestrian Safety Grant totaling $36,288 from the
11 Virginia Department of Transportation is available to be accepted and appropriated to CIP
12 #2-163, Shore Drive Bicycle and Pedestrian Safety, to install pedestrian signs with flashing
13 lights along Shore Drive between Kendall Street and Vista Circle;
14
15 WHEREAS, $4,032 in contributed staff time will be provided as an in-kind match for
16 this project.
17
18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA:
20
21 That CIP #2-163, Shore Drive Bicycle and Pedestrian Safety is hereby established
22 as a capital project.
23
24 That a $36,288 grant from the Virginia Department of Transportation is accepted
25 and appropriated to CIP #2-163 to install pedestrian signs with flashing lights along Shore
26 Drive between Kendall Street and Vista Circle, with estimated revenues increased
27 accordingly.
28
29 Requires an affirmative vote by a majority of the members of the City Council.
30
31 Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th day of
32 June, 2007.
APPROVED AS TO CONTENT:
~~~.
APPROVED AS TO LEGAL SUFFICIENCY:
~~F
City Attorney's Offic
CA 1 0435
R-2
June 14, 2007
8
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- 40-
Item V.J.9.c/g.
RESOLUTIONS/ORDINANCES
ITEM #56580
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinances to ACCEPT and APPROPRIATE
b. $322,999 from the State Compensation Board and $235,479
from the Sheriffs Special Revenue Fund to his budget re pay
increases for uniformed personnel
c. $300,000 in earned revenue from admissions and store sales to
the Virginia Aquarium Special Revenue Fund
d $29,983 from Eagle Cove Subdivision re Cash-in-Lieu-ofPark
Reservation-Payment for park improvement within the Indian
River/Elbow Road corridor
e. $16,802from the Virginia Tobacco Settlement Foundation re
"Too Good For Drugs" (TGFD) program to be administered
by Parks and Recreation
f $2,426 from the American Cancer Society to compensate
Hampton Roads Transit (HRT) re shuttle service for the Relay
for Life fundraiser
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, John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
June 26, 2007
1 AN ORDINANCE TO APPROPRIATE $322,999 FROM
2 THE STATE COMPENSATION BOARD AND $235,479
3 FROM THE FUND BALANCE OF THE SHERIFF'S
4 DEPARTMENT SPECIAL REVENUE FUND TO THE
5 DEPARTMENT OF SHERIFF AND CORRECTIONS'
6 FY 2007-08 OPERATING BUDGET TO PROVIDE
7 FUNDING TO ADVANCE TO JULY 1, 2007 THE 4%
8 STATE PAY INCREASES FOR UNIFORMED
9 SHERIFF'S PERSONNEL
10
11 WHEREAS, the Sheriff has requested the use of Fund Balance from the Sheriff's
12 Department Special Revenue Fund to advance to July 1, 2007 the 4% pay raises for
13 uniform personnel granted by the State Compensation Board that is effective December
14 1,2007;
15
16 WHEREAS, this request qualifies for the use of fund balance because state
17 revenue provides the on-going support beginning in December 2007;
18
19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
20 VIRGINIA BEACH, VIRGINIA:
21
22 1. That $322,999 is hereby accepted and appropriated from the State
23 Compensation Board to the Department of Sheriff and Corrections' FY 2007-08
24 Operating Budget to fund pay raises for Sheriff's employees, with state revenue
25 increased accordingly.
26
27 2. That $235,479 is hereby appropriated from the Fund Balance of the
28 Sheriff's Department Special Revenue Fund to the Department of Sheriff and
29 Corrections' FY 2007-08 Operating Budget to provide one-time funding to advance the
30 4% pay raises for uniform personnel to July 1, 2007, with local revenue increased
31 accordingly.
32
33 3. That $456,545 that has been set aside in a dedicated reserve in the
34 General Fund for pay increases is hereby transferred as needed to the Sheriff's
35 Department's Special Revenue Fund to the Department of Sheriff and Correction's FY
36 2007 -08 Operating Budget to fund the fringe benefit and increases to the salary
37 supplement portion of the pay increases for Sheriff's personnel.
38
39 Requires an affirmative vote by a majority of the members of the City Council.
40
41 Adopted by the Council of the City of Virginia Beach, Virginia on the ?6th day
42 of June , 2007.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
R~~
City Attorney's Offic
CA 10438
R-2
June 14, 2007
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
AN ORDINANCE TO APPROPRIATE $300,000 IN
EARNED REVENUE TO THE VIRGINIA AQUARIUM
SPECIAL REVENUE FUND
WHEREAS, revenues earned through Aquarium admissions, Aquarium stores
and memberships are projected to exceed the budgeted appropriation.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That $300,000 in earned revenue is hereby appropriated to the Virginia Aquarium
Special Revenue Fund with revenue from Charges for Services 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 26th day
of June ,2007.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
~!P~
~anage nt ervices
R~ &==
City Attorney's Ottic
CA 10437
R-2
June 14, 2007
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $29,983 FROM THE EAGLE COVE SUBDIVISION
3 DEVELOPMENT TO CAPITAL IMPROVEMENT
4 PROGRAM PROJECT 4-023, "NEIGHBORHOOD PARK
5 ACQUISITION AND DEVELOPMENT - PHASE II"
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA:
9
10 That a $29,983 cash-in-lieu-of-park-reservation payment is hereby accepted from
11 the Eagle Cove Subdivision Development and appropriated to Capital Improvement
12 Program Project 4-023, "Neighborhood Park Acquisition and Development - Phase II" for
13 the purposes of improving neighborhood parks in the Indian River Road/Elbow Road
14 corridor, with revenue from the local sources increased accordingly in the FY 2006-07
15 Capital Improvement Budget.
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 26th day
of June 2007.
Approved as to Content:
Approved as to Legal Sufficiency:
~~~
anagem t S rvices -
::e~~ r
City Attorney's Office
CA 10440
R-2
June 14, 2007
I ,
" I
City
Council
Policy
TItle Cash Payment In Lieu of Park Reservation Index Number 301
Date of Adoption I Date of RevIsion Page , of 2
, 0 Purpose end Need for Policies and Procedures
Section 4 5 of the SubdlVlsron Ordinance, Public Sites and Open Spaces, has been used as the tool to acquire
neighborhood parks and open space In developing areas Section 4 5 IS alsO a tool for acqUlflng senSitIVe
environmental land It reqUIres the developer to reserve a parcel of land for open sp3ce and recreational
purposes according to a formula based on lot sIze T"le City has the option of purchaSing thIS reserved land
wlthm five years at current market value The following alternatives to reservation are currently available In the
SubdiVISion Ordinance
Dedication' Dedication of land at no cost to the City Dedlc3tlon IS one-half of reservatIon reqUirement
specifIed In the SubdiVIsion Ordinance
Other Arrangements' Other mutually agreeable arrangements approved by City Council which could Include
a cash payment
Homeowners' Anocl.tlon Establish a homeowners' aSSOCiation which would own the property and would
constitute an equivalent recreational amenity
As noted, Section 4 5 of the SubdiVIsion Ordinance allows for cash payments as an alternative to reservations
Cash payments In heu of a reservation or dedication IS deSirable when the dedication requirement IS small (less
than one acrel or due to an analYSIS of eXisting open space/recreation amenities 10 relation to standards based
on population. It IS determined that additIOnal land IS not needed ThiS poliCY IS needed to claflfy the process
and value for determining cash payments to ensure a conSIstent and equitable approach for cash payments.
This poliCY tS Intended lIS . gl.Jld. fOl determining cash m lieu of reservations 01 dedications. The current
subdiviSion oldlnBneB cannot 1eqUlre clIsh pllyment In lieu of 1eSfJrv.tlons or dfJd,c.tion.. Once receIVed. the
cash payments are to be deSignated fer Imptovements wlthm the planning area of the developmg subdiVISion
2. 0 f.Q!.!fX
Cash payments are tecommended as an acceptable alternative to dedication of open space area when the
dedicatiOn reQullement IS such that the tesulttng park space would not be a useful amenity based on statistical
crltefla and standards used for acquIsItion of r;atk space (generally less than one acrel All cash In heu of
payments ate to be del ermined by the Clt y Real Estate Assessor and based on the dedication requirement
multlphed by The assessed land value In the case where a property has a current land value and market value
due to land use Taxation for qualifYing farm and reforested property. the market value wll' be used to determine
the cash payment Cash payments Will be cue upon approval by City CounCil unless other arrangements are
approved by City Councrl
3 0 Procedure to Accomplish Policy
SubdiVISion plans are currently tevlewed for compliance With the SubdiVISion Ordinance as coordinated by the
Planning Depanment Parks and Recreation reviews all subdIVISion plans requlfed to meet Section 4 5 of the
SubdiVISion Ordinance The procedures and Dohcres are m place to determine Ihe reservation or dedlcallon
requirement i'he assessed value of propenles IS determined by the City Assessor's Office
I .
4 0 Responslbllitv and Authol'11Y
The Duector of Parks and Recreation shall be responsible for coordinating the review process for cash payments.
Representatives from the Department of Parks and Recreation. Public Works/Real Estate. City Assessor's Office.
Department of Planning, and the City Attorney's Office ......'" review cash In heu of payments. The City
Assessor's Office WIll determine the assessed land value The DlIector of Parks and RecreatIon Will reView the
proposal for cash an heu dedlcatlon/reservatlon against the City's Outdoors Plan and attach a signed finding of
conformlty/comphance with the Plan.
5 0 Definitions
Dedication Requirement: Dehned In SectIon 4 5 of the SubdivISion Ordinance. The dedication requIrement 15
one half of the reservation reqUirement
Assessed Value: Current monetary value of the property as determmed by the City Assessor's Office.
6 0 SpeCifIC ReqUirements
All cash payments In lieu of park dedlcatlons are to be approved by City CounCil as IdentIfied an the SubdivISion
Ordinance. Staff Will proVide statistIcal analYSIS, appraisal Information, calculation of the cash payment, and
agreement from the developer A cash In lieu of form and agreement WIll be used In thIS process (see attachedl.
These Items are to be Included In the Agenda Request for approval of the cash payment.
Approved as
to Content:
~tU- .J~
df/95"
Date
Darect or I Admlnlst rator
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Approved as
to Legal SuffiCiency:
APPROVED BY
CITY COUNCIL.
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Date
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1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A
2 GRANT FROM THE VIRGINIA TOBACCO SETTLEMENT
3 FOUNDATION IN THE AMOUNT OF $16,802 TO THE
4 DEPARTMENT OF PARKS AND RECREATION'S FY2007-08
5 OPERATING BUDGET
6
7 THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9
10 (1) That a $16,802 grant is accepted from the Virginia Tobacco Settlement Fund
11 and appropriated to the Department of Parks and Recreation's FY 2007-08 Operating
12 Budget, with estimated State revenue increased accordingly.
13
14 (2) That a 0.5 FTE Prevention SpecialisUEducator and a 0.1 FTE clerical support
15 position are authorized for the period of the grant, July 1, 2007 - June 30,2008 and, that
16 these positions will be terminated at the end of the grant period.
17
18 Requires an affirmative vote by a majority of the members of the City Council.
19
20 Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th day of
21 June, 2007.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
~~~
Manage nt S rvices ~
;:e~
City Attorney's Office J[---
CA 10443
R-2
June 14, 2007
VIRGINIA TOBACCO
SE"rrLEMENT FOUNDATION
May 23, 2007
Charles W. Meyer
Chief Operating Officer
City of Virginia Beach Youth Opportunities Office
2289 Lynnhaven Parkway
Virginia Beach, VA 23456
Dear Mr. Meyer:
Congratulations! Your application for VTSF program RFP #852P008 has been approved
for funding for the grant term of July I, 2007 -June 30, 2008. Funding is being awarded
in the amount of$16,802.
Please mail two signed copies of the contract to my attention at the VTSF Richmond
office (701 E. Franklin Street, Suite 501, Richmond, VA 23219). As soon as the
contract copies are received, they will be reviewed for completeness. VTSF will then
sign the contracts and return one original to you.
Thank you for your interest in providing quality tobacco use prevention programs to the
youth of the Commonwealth of Virginia. We look forward to working with you.
1 AN ORDINANCE TO APPROPRIATE $2,426 FROM THE
2 AMERICAN CANCER SOCIETY TO THE DEPARTMENT OF
3 PLANNING AND COMMUNITY DEVELOPMENT FY 2006-07
4 OPERATING BUDGET TO COMPENSATE THE HAMPTON
5 ROADS TRANSIT (HRT) FOR PROVIDING SHUTTLE
6 SERVICE TO THE AMERICAN CANCER SOCIETY ANNUAL
7 RELAY FOR LIFE FUNDRAISER
8
9 WHEREAS, the American Cancer Society held their annual Relay for Life fundraiser
10 on June 2nd and 3rd at Redwing Park; and
11
12 WHEREAS, Hampton Roads Transit (HRT) provided shuttle service for the event, at
13 a cost of $2,426; and
14
15 WHEREAS, HRT has billed the City for this expense, and the American Cancer
16 Society has agreed to reimburse the City for this cost.
17
18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA:
20
21 That $2,426 is hereby accepted and appropriated to the Department of Planning
22 and Community Development's FY 2006-07 Operating Budget to compensate the Hampton
23 Roads Transit for providing shuttle service to the American Cancer Society for their annual
24 Relay for Life fundraiser and that estimated revenue be adjusted accordingly.
25
26 Adopted the by the Council of the City of Virginia Beach, Virginia, 2..6t..h. day of
27 June , 2007.
28
29 Requires an affirmative vote by a majority of the members of the City Council.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
~~lPC
lVlanage ent Services
CA 10439
R-2
June 14, 2007
May 23,2007
Travis Campbell
Planner III
Va. Beach Department of Planning
Municipal Center, Building 2, Room 115
2405 Courthouse Drive
Virginia Beach, V A 23456
Mr. Campbell,
The American Cancer Society is committed to pay the sum of $2,425.92 to cover
the cost of the HRT shuttle service for the Relay For Life on June 2 & 3.
The schedule is as follows:
Relay For Life of Virginia Beach
Red Wing Park
June 2 & 3 (Saturday & Sunday)
Transportation is needed between Red Wing and the overflow parking lots of Geico &
Lockheed Martin, off of Corporate Landing.
Hours of transportation on Saturday are 11 :OOam to 11 :OOpm and Sunday from 7:00am to
12:00pm.
Two buses would run on Saturday from II :OOam to 8:00pm.
We appreciate the use of this service and we look forward to working with the HRT in
the future. For any further questions or concerns please call Emily Simmons at
757.493.7954.
Sincerely,
Emily Simmons
Emily Simmons
Income Manager
American Cancer Society
4416 Expressway Drive
Virginia Beach, V A 23452
757-493-7954 (Phone)
757-493-9450 (Fax)
- 41 -
Item V-K.1.
PLANNING ITEM #56581
1.a. HAC PROPERTIES, L.L.c. MODIFICATION OF Proffer No.3
(Approved: June 22, 2004)
1. b. NORMAL DIANE PAYNE HEWITT CONDITIONAL USE PERMIT
t1aARGO OF TIDEWATER
2. CA VALIER GOLF & YACHT CLUB CONDITIONAL USE PERMIT
3. SOUTH INDEPENDENCE ACQUISITION, L.L.C.
CONDITIONAL CHANGE OF ZONING
June 26, 2007
- 42-
Item V-K.1. a/b.
PLANNING
ITEM #56582
Attorney R. E. Bourdon, Pembroke Office Park - Building One, 281 Independence Boulevard,
Phone: 499-8971, represented the application, concurred with request for Deferral to resolve
issues re the electric-powered low speed vehicles (LSV) and the addition of retail for the entire
office warehouse development.
Upon motion by Council Lady Henley, seconded by Council Lady Wilson, City Council DEFERRED
until the City Council Session of July 10, 2007, MODIFICATION of Proffer No.3 upon application of
HAC PROPERTIES, LLC to allow low speed motor vehicle sales and an Ordinance upon application
of NORMA DIANE PAYNE HEWIT tla ARGO OF TIDEWATER for a Conditional Use Permit for
motor vehicle sales (low speed vehicles): StaJJwas requested to consider restricting allowances of these
vehicles to areas where speed limits are 25 miles per hour or less,
The property owner currently has an existing tenant that proposes to expand its product line from golf
carts to include electric-powered low speed vehicles (LSV). The LSV is a four-wheeled, electrically-
powered vehicle whose maximum speed is greater than 20 mph but less than 25 mph. The additional uses
proposed for addition to Proffer 3 will permit future tenants to use the property
ORDINANCE UPON APPLICATION OF HAC PROPERTIES, L.L.c.
FOR A MODIFICATION OF PROFFERS FOR A REQUEST
APPROVED BY CITY COUNCIL ON JUNE 22,2004.
Ordinance upon application of HAC Properties, LLC. for a
Modification of Proffers for a request approved by City Council on June
22, 2004. Property is located at 1763 Princess Anne Road (GPIN
2403916498). DISTRICT 7 - PRINCESS ANNE
AND,
ORDINANCE UPON APPLICATION OF NORMA DIANE PAYNE
HEWETT TIA ARGO OF TIDEWATER FOR A CONDITIONAL USE
PERMIT FOR MOTOR VEHICLE SALES (LOW SPEED VEHICLES)
Ordinance upon application of Norma Diane Payne Hewett tla Argo of
Tidewater for a Conditional Use Permit for motor vehicle sales (low
speed vehicles) on property located at 1763 Princess Anne Road, Suites
101 and 102 (GPIN 2403916498). DISTRICT 7 -PRINCESS ANNE.
June 26, 2007
- 43 -
Item V-K.1. a/b.
PLANNING ITEM #56582 (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, John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
June 26, 2007
- 44-
Item V-K.2.
PLANNING
ITEM #56583
Correspondence of Attorney R. J. Nutter, Troutman Sanders LLP, dated June 18, 2007, requesting
DEFERRAL until July 10, 2007, is hereby made a part of the record.
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council DEFERRED until
the City Council Session of July 10, 2007, Ordinance upon application of CAVALIER GOLF and
YACHT CLUB for a Conditional Use Permit. re golf club Agronomy facility
ORDINANCE UPON APPLICATION OF CAVALIER GOLF & YACHT
CLUB FOR A CONDITIONAL USE PERMIT FOR A GOLF CLUB
(MAINTENANCE FACILITY)
Ordinance upon application of Cavalier Golf & Yacht Club for a
Conditional Use Permit for a golf club (maintenance facility) on
property located on the south side of Kamichi Court, approximately 300
feet east of Cardinal Road (GPIN 24184145480000). DISTRICT 5 -
LYNNHAVEN
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, John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
June 26, 2007
TROUTMAN SANDERS LLP
ATTORNEYS AT LAW
A liMITED LIABILITY PARTNERSHIP
222 Central Park Avenue
Suite 2000
VIRGINIA BEACH, VIRGINIA 23462
www.troutmansanders.com
TELEPHONE: 757-687-7500
FACSiMILE: 757-687-7510
R, J, Nutter, II
rj,nutter@troutmansanders.com
Direct Dial: 757-687-7502
Direct Fax: 757-687-1514
June 18, 2007
BY FACSIMILE 757/385-5669
Ruth Hodges Smith, CMC
City Clerk
City of Virginia Beach
2401 Courthouse Drive, Room 281
Virginia Beach, Virginia 23456
RE: Conditional Use Permit Application Cavalier Golf & Yacht Club
Dear Mrs. Smith:
I represent the Cavalier Golf & Yacht Club which has applied for a Conditional Use
Permit to locate an Agronomy Center on the club's property off of Kamichi Court. Their
application is currently scheduled to be heard by the Virginia Beach City Council on Tuesday,
June 26, 2007. The purpose of this correspondence is to request a deferral of this application to
the City Council's July 10,2007 meeting.
I have conferred with Jim Wood, the District Council representative, who has no
objection to the deferral and I have spoken to Kevin Martingayle, the attorney representing the
oppositIon to this application, and he also has no objection.
Thanking you for your kind consideration in this matter, I am
cc: The Honorable James L. Wood
Kevin E. Martingayle, Esquire
ATLANTA. HONG KONG. LONDON. NEW YORK. NEWARK. NORFOLK. RALEIGH
RICHMOND. SHANGHAI. TYSONS CORNER. VIRGINIA BEACH . WASHINGTON. D,C.
- 45 -
Item V-K.3
PLANNING
ITEM #56584
The following registered in SUPPORT:
Attorney R. J. Nutter, 222 Central Park Avenue, Phone: 687-7500, represented the applicant and
advised this application, is currently zoned R-5D, is comprised of 133.8 acres. The property is
surrounded by major arterials. Evaluation of the tax implications indicate this application would
generate between $3-and $3-If2-MILLlON annually. 76% of this amount could be generated entirely by
the non residential components of the property. The traffic study resulted in the applicants making
a variety ofojfsite improvements in excess of$I-MILLlON The number of units has been reduced
by one hundred (100) and one hundred (100) of the remaining units are dedicated to the age restricted
community. The other concession was made to the retail area, resulting in an overall 11% traffic
reduction. This project is a completely integrated mixed-use development. The applicant proposed a
"right-in turn lane" only on Princess Anne Road. This purpose was to reduce traffic concerns.
Steve Porter, Vice President - Administrator - Bayside Sentara Health Care, 6015 Poplar Hall Drive,
stated this development will provide a wider array of housing options for employees at the new Princess
Anne Health Campus The more than 60 workforce housing units will also appeal to the nurses and other
health care workers.
Quintin B. Bullock, Provost - Virginia Beach Campus, Tidewater Community College, 1700 College
Crescent, Phone: 822-7212, spoke in favor on behalf of Dr. Deborah M DiCroce, President -
Tidewater Community College.
Dan Baxter, 2001 Drumheller Court, expressed appreciation for the introduction of this project earlier
at the Town Hall meetings.
Bill Dore, 4598 Broad Street, housing analyst and resident of the corridor for twenty-two (22) years
Dr. David Konikojf, 2100 Lynnhaven Parkway #100, adjacent land owner spoke in favor
Frank McKinney, Realtor - 4705 Chalford Drive, represented Empower Hampton Roads and Tim
McCarthy, Chair - Housing Task Force. Mr. McKinney read into the record a letter of support
from Empower Hampton Roads
Attorney Don Clark, Williams Mullen - Town Center, Phone: 473-5301, has represented the Spence
family for more than thirty (30) years. The government has taken a total of twelve (12) acres from The
Spence family to create the road system that exists today. The Spence Family made a conscious decision
to select L.M Sander for the purchase of their property. The family wished to be assured whoever
developed this property did a "first rate" job.
The following registered in OPPOSITION:
Steve Kelley, President - Bellamy Plantation Civic League, 1945 Grey Friars Chase, Phone: 363-0336,
submitted a Petition containing over six hundred (600) signatures in OPPOSITION Said petition is
hereby made a part of the record
Pierre Granger, President - Brigadoon Civic League, 1705 Tweed Circle, Phone; 651-6236, expressed
concern re traffic
Barry Ezell, Salem Woods, Phone: 544-4311, represented the Roads before Density Coalition and
President - Salem Woods Civic Association
June 26, 2007
- 46-
Item V-K.3
PLANNING
ITEM #56584 (Continued)
Upon motion by Councilman Dyer, seconded by Councilman Villanueva, City Council ADOPTED an
Ordinance upon application of SOUTH INDEPENDENCE ACQUISITION, L.L.C. for a Conditional
Change of Zoning, "Spence Farm", re 103 singlejamily dwellings, 347 townhomes and 230 twin
townhomes and Senior Housing ("Renaissance Park").:
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 Z06071283
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
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 PD-H2 Overlay on property located on the southeast and
southwest corners of South Independence Boulevard and Princess Anne
Road and 1632 Salem Road "Spence Farm", (GPINs 1485050352;
1485251012; 1475856017). DISTRICT 1 - CENTERVILLE & DISTRICT
7 - PRINCESS ANNE
The following condition shall be required:
1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and
is hereby made a part of the record.
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 Twenty-sixth of June Two
Thousand Seven
June 26, 2007
- 47 -
Item V-K.3
PLANNING ITEM #56584 (Continued)
Voting: 8-2
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice Mayor
Louis R. Jones, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
Barbara M Henley and Reba S. McClanan
Council Members Absent:
Mayor Meyera E. Oberndorf
June 26, 2007
City c>f Virgir1ia Beach
VBgov.com
LESLIE L. LILLEY
CITY ATTORNEY
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9004
(757) 385-4531
FAX (757) 385-5687
TOO (757) 385-4305
In Reply Please Refer to OP-07042
June 13,2007
Councilmember James L. Wood
Virginia Beach City Council
Municipal Center
Virginia Beach, V A 23456
Re: Request for Conflict of Interests Act Opinion
Dear Councilmember Wood:
I am writing in response to your request for an opinion as to whether the State and Local
Government Conflict oflnterest Act restricts your ability to participate in City Council's discussion
of, and vote or votes on, a conditional zoning application of South Independence Acquisitions,
L.L.C.
SUMMARY CONCLUSION
Because you do not have a "personal interest" in South Independence Acquisitions, L.L.C.,
and because it is not reasonably foreseeable that you or your business will realize a financial benefit
or detriment as a result of City Council's consideration of this application, the Conflict of Interests
Act provides that you may participate without restriction in Council's discussions and vote or votes
on the application.
My analysis is based on the facts you provided, which are detailed below. Please review and
verify the accuracy of the facts. Because my analysis is fact-specific, you may only rely upon this
opinion to the extent that these facts are complete and accurate.
Councilmember Wood
2
June 13, 2007
FACTS PRESENTED
JD& W, Inc. is a commercial general contracting firm that specializes in renovations, new
construction, and design/build work. You are vice-president of JD&W, Inc., and you have an
ownership interest in JD&W, Inc. that exceeds three percent of the corporation's total equity.
Your mother, Dorothy Wood, is a member of the Planning Commission and is a board
member of the Virginia Beach Performing Arts Center Foundation, Inc. ("Arts Center Foundation").
The Arts Center Foundation engages in fundraising to support the Sandler Center for the Performing
Arts at Virginia Beach ("Sandler Center"), which is a City-owned performing arts facility. The
Sandler Center is so named because Arthur B. and Steven C. Sandler donated $5 million for the
center to be named in honor of their parents. Mrs. Wood is also the chair of the Virginia Beach
Performing Arts Theatre Advisory Committee, which was created and appointed by City Council for
the purpose of advising City Council regarding the Sandler Center.
South Independence Acquisition, L.L.C. ("South Independence") has applied for a change of
zoning district classification for a proposed development known as Renaissance Park. Arthur B. and
Steven C. Sandler are members of the corporation, which is an affiliated business entity of 1.M.
1
Sandler & Sons, Inc.
Attorney R.J. Nutter, a partner with the law firm of Troutman Sanders, is providing legal
services with respect to the project. Joel Rubin of Rubin Communications Group has provided
public relations services with respect to the project. Other service providers include Faggert &
Friden, P.c., Equity Title Company, L.L.C., Looney Ricks Kiss, Engineering & Testing Service, Inc.,
Kimley-Horn & Associates, Rouse-Sirine Associated, Lt., Lewis Scully Gionet, Bryant B. Goodloe,
P .C., and URS Corporation.
Although JD&W, Inc. provides construction services and design/build work, JD&W, Inc. has
not been retained to perform any work on the Renaissance Park proj ect, and South Independence has
not expressed an interest in retaining JD&W, Inc. to work on the project. Neither you, your mother,
nor any member of your immediate family have any ownership interest or option for an ownership
interest in the land that is the site of the proposed project or adjoining land. Neither you, your
mother, nor any member of your immediate family have an ownership interest or option for an
ownership interest in South Independence, its affiliated business entities, or the businesses that are
providing services to South Independence for the project. Finally, neither you, your mother, nor any
I Additional affiliated business entities of South Independence with properties located in Virginia
Beach are Equity Title Company, L.L.C., Greendale, L.L.C., SAS Investors, Sandler at Ashville Park, L.L.c.,
Sandler at Brenneman Farm, L.L.C., Sandler at Brown Farm, L.L.c., Sandler at Brown Farm II, L.L.c.,
Sandler at Lexington, L.L.C., Tate Terrace Realty Investors, Inc., Tidewater Mortgage Services, Inc.,
Tidewater Finance Company, Today Homes, Inc., Wedgewood Associates, L.L.c., and Westview Plaza
Associates, L.P.
Councilmember Wood
3
June 13,2007
member of your immediate family are employed by South Independence or its affiliated entities or
the businesses that are providing project-related services.
ISSUE PRESENTED
Does the Conflict of Interests Act place any restrictions on your ability to participate in City
Council's discussion of, and vote or votes on, the conditional zoning application of South
Independence Acquisitions, L.L.C.?
DISCUSSION/CONCLUSION
The State and Local Government Conflict of Interests focuses on the financial interests of
governmental officers and employees. The Act addresses "personal interests" of councilmembers. A
personal interest in a business generally arises because an officer or immediate family member has
an ownership interest in the business or is employed by the business. 2 You have a "personal interest"
in JD& W, Inc. because of your ownership interest in the corporation. Past business relationships
with service providers such as attorneys or architects does not cause an officer to have a "personal
interest" in the service providers. Thus, even if you or JD& W, Inc. had employed one or more ofthe
service providers listed above, that employment would not cause you to have a "personal interest" in
those businesses.
The Act provides that a councilmember will have a "personal interest in a transaction" if the
councilmember or a member of his immediate family has a "personal interest" in a business or land
that is the subject ofthe transaction or if it is reasonably foreseeable that a business or land in which
he or an immediate family member has an interest may realize a reasonably foreseeable direct or
indirect benefit or detriment as a result of the action by City Council on the transaction.3 Neither
2 "'Personal interest' means a financial benefit or liability accruing to an officer or employee or a
member of his immediate family. Such interest shall exist by reason of (i) ownership in a business if the
ownership interest exceeds three percent of the total equity of the business; (ii) annual income that exceeds, or
may reasonably be anticipated to exceed, $10,000 from ownership in real or personal property or a business;
(iii) salary, other compensation, fringe benefits, or benefits from the use of property or any combination
thereof, paid or provided by a business or governmental agency that exceeds, or may reasonably be anticipated
to exceed, $10,000 annually; (iv) ownership of real or personal property if the interest exceeds $10,000 in
value and excluding ownership in a business, income, or salary, other compensation, fringe benefits or
benefits from the use of property; (v) personal liability incurred or assumed on behalf of a business if the
liability exceeds three percent of the asset value of the business; or (vi) an option for ownership ofa business
or real or personal property if the ownership interest will consist of (i) or (iv) above." Va. Code 9 2.2-3101.
3 '" Personal interest in a transaction' means a personal interest of an officer or employee in any matter
considered by his agency. Such personal interest exists when an officer or employee or a member of his
immediate family has a personal interest in property or a business or governmental agency, or represents or
provides services to any individual or business and such property, business or represented or served individual
or business (i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or indirect
benefit or detriment as a result of the action of the agency considering the transaction. Notwithstanding the
Councilmember Wood
4
June 13,2007
JD& W, Inc. nor any other business or land in which you or a member of your immediate family has
an interest is the subject of the South Independence application. Thus, the pertinent question is
whether JD & W, Inc. may realize a reasonably foreseeable benefit or detriment as a result of
Council's consideration of South Independence's application. Because JD&W, Inc. has not been
retained to provide any services with respect to the Renaissance Park project, and because South
Independence has not even expressed an interest in retaining JD& W, Inc. in the future for the proj ect,
it would be speculative to conclude that JD&W, Inc. may realize a financial benefit or detriment as a
result of Council's vote. The Attorney General has concluded that in circumstances where the effect
of a transaction is speculative, remote, or contingent upon factors beyond the officer's control, it is
not reasonably foreseeable that the officer's personal interest will benefit or suffer as a result ofthe
transaction.4 Because it is not reasonably foreseeable that JD&W, Inc. may realize a financial benefit
or detriment Cl;s a result of Council's consideration of the application, you do not have a "personal
interest in the transaction." Accordingly, the Act provides that you may participate without
restriction in City Council's consideration of South Independence's application.s
As a final note, the Conflict of Interests Act deals with the types of influences upon a public
officer's judgment which are clearly improper. The law does not, however, protect against all
above, such personal interest in a transaction shall not be deemed to exist where an elected member of a local
governing body serves without remuneration as a member of the board of trustees of a not- for-profit entity and
such elected member or member of his immediate family has no personal interest related to the not- for-profit
entity." Va. Code S 2.2-3101.
"Each officer and employee of any state or local governmental or advisory agency who has a personal
interest in a transaction [s ]hall disqualify himself from participating in the transaction if (i) the transaction has
application solely to property or a business or governmental agency in which he has a personal interest or a
business that has a parent-subsidiary or affiliated business entity relationship with the business in which he has
a personal interest or (ii) he is unable to participate pursuant to subdivision 2, 3 or 4. Any disqualification
under the provisions ofthis subdivision shall be recorded in the public records of the officer's or employee's
governmental or advisory agency. The officer or employee shall disclose his personal interest as required by S
2.2-3114 E or S 2.2-3115 E and shall not vote or in any manner act on behalf of his agency in the transaction.
The officer or employee shall be prohibited from (i) attending any portion of a closed meeting authorized by
the Virginia Freedom ofInformation Act (s 2.2-3700 et seq.) when the matter in which he has a personal
interest is discussed and (ii) discussing the matter in which he has a personal interest with other governmental
officers or employees at any time[.]" Va. Code S 2.2-3112(A)(1). (Subdivisions 2, 3, and 4 do not apply to the
facts addressed by this opinion).
4 1986-87 Op. Va. Att'y Gen. 11. The test of reasonable foreseeability should be applied at the time of
the transaction. !d. (discussing West v. Jones, 228 Va. 409, 323 S.E.2d 96 (1984)).
5 The fact that your mother serves as a member of the Planning Commission, the Council-appointed
theater advisory board, and the board of directors of the Arts Center Foundation does not cause you to have a
personal interest in this application. As noted above, she has no ownership interest in the applicant or its
affiliated entities, nor is she employed by them. For the reasons outlined above, she also did not have a
personal interest in the application when South Independence appeared before the Planning Commission.
Councilmember Wood
5
June 13,2007
appearances of improper influence. In that respect, the Act places the burden on the individual
officer to evaluate whether the facts presented create an appearance of impropriety which is
unacceptable or which could affect the confidence of the public in the officer's ability to be
impartial.
Please contact me should you desire any additional information.
Very truly yours,
~
Leslie L. Lilley
City Attorney
Seen and Concurred:
~~~~ e
Harvey ryant, U
Commonwealth's Attorney
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CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPO~DENCE
In Reply Refer To Our File No, DF-6628
DATE: June 13, 2007
FROM:
Leslie L. Lilley r--,
B. Kay Wilson&V
DEPT: City Attorney
TO:
DEPT: City Attorney
RE: Conditional Zoning Application: South Independence Acquisitions, LLC
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on June 26.2007. I have reviewed the subject proffer agreement, dated May
31, 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 ../
Prepared B):
Troutman Sanders LLP
222 Central Park A\'fnue. Suite 2000
Virginia Beach. V A 23462
AGREEME:\T
THIS AGREE:\1E~T (the "Agreement'") is made as of the 31 ,( day of May. 1007, by and
among SOUTH INDEPE~DENCE ACQLJISITON, L.L.C.. a Virginia limited liability
company, and SOUTH INDEPENDENCE ACQUISITION II, L.L.c., a Virginia limited
liability company (collectively, the "Grantor"), owner of that certain property located in the City
of Virginia Beach more particularly described in Exhibit A attached hereto and incorporated
herein by reference (the "Property"); and the CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee").
WIT N E SSE T H:
WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of
Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification
of the Property from R-5D (Residential Duplex District) to Conditional A-12 (Apartment
District) with a PD-H2 (Planned Unit Development District) overlay (j: 84.4 acres), Conditional
B-4 (Mixed Use District) (2: 26.3 acres) and Conditional A-36 (Apartment District) (j: 23.1
acres); and
WHEREAS, the Grantee's policy is to provide only for the orderly development of land
for various purposes, including mixed-use purposes, through zoning and other land development
legislation; and
WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses
conflict, and that in order to permit differing uses on and in the arca of the subject Propcrty and at
thc same time to recognize the effects of change and the necd for various typcs of uses, certain
rcasonable conditions governing the use of the Property for the protection of the community that
are not generally applicable to land similarly zoned Conditional A-12 with a PD-H1 overlay.
GPINs: 1475-85-6017-0000. 1485-05-0352-0000 and 1485-25-1012-0000
Conditional B-4 and Conditional :\-36 an: nt:~d~d to cop~ with the situation to \\hid1 the
Grantor's raoning application giv~s rise: and
WHEREAS, tht: Grantor has voluntarily proffaed in writing in advance of and prior to
the public hearing before the Grantee. as part of the proposed conditional am~ndment to the
Zoning Map. in addition to the regulations provided for in the existing A-12. PD-H2. B-4 and
A-36 zoning districts by the existing City's Zoning Ordinance (CZO), 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 new Zoning Map relative to the Property, all of which have a
reasonable relation to the rezoning and the need for which is generated by the rezoning; and
WHEREAS, said conditions having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall
continue in full force and effect until a subsequent amendment changes the zoning on the
Property covered by such conditions; provided, however, that such conditions shall continue
despite a subsequent amendment if the subsequent amendment is part of the comprehensive
implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the
foregoing, these conditions are 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 subject Property at the time of recordation of such instrument; provided, further,
that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of
the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing
before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section
15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent.
NOW THEREFORE, the Grantor, for itself. its successors. assigns. grantees. and other
successors in title or interest, voluntarily and without any requirement by or exaction from the
Grantee or its governing body and without any elem~nt of compulsion of quid pro qUO for
zoning. rezoning. site plan. building permit or subdivision approval. hereby makes th~ following
declaration of conditions and restrictions which shall restrict and govern the physical
2
dc\ dopment. operation and us~ l)f the Prop~rty and h~r~by co\~nants and agre~s that th~se
proffers (collectin:1). the uprofti:rsU) shall constitute cownants running \vith the said Prop~rty.
which shall be binding upon th~ Propcrty and upon all parties and pcrsons claiming under or
through the Grantor. its hcirs. personal representatives. assigns. grantees and other successors in
interc.:st or title. namely:
I. In order to create a sense of place featuring storm water retention ponds as
aesthetic amenities, community centers, multiple residential products along with commercial
development, including a hotel, the Grantor agrees to develop the Property with the elements and
character set forth on the Land Use Plan entitled, "CONCEPTUAL MASTER PLAN" (the
"Plan"), prepared by LRK as depicted in the Renaissance Park Design Guidelines book (the
"Design Guidelines"), dated November 28, 2006, last revised March 23, 2007. a copy of which is
on file with the Department of Planning and has been exhibited to the City Council.
2. It is recognized that the detailed building plans, as well as the site plans for the
various elements within a Village, may change as the planning stage progresses. The intent of
the elevations referred to throughout this Agreement is to demonstrate the architectural style and
quality 'of the buildings represented. The intent of the site plans referred to throughout this
Agreement is to identify the elements that will be developed within each Village, though the
actual siting, dimensions and orientation of those elements within a Village may change as final
design dictates. Final elevations and locations for all of the structures shall be submitted to the
Planning Director for review and approval prior to site plan approval.
..,
.)
:\1l;L TI-F AMIL Y APART"tE:\T VILLAGE
(CO~DITIO~AL A-36 ZO~I:\G DISTRICT)
3. The village depicted on the Plan as "Multi-Family Apartment Village" shall be
developed as a multiple family residential apartment community. The residential dwdlings
facing Princess Anne Road and South Independence Boulevard shall be developed with
architectural features that are similar to those depicted on the architectural elevation entitled
"MULTI-FAMILY APARTMENTS STREET FRONTAGE ELEVATION.', as shown in the
Design Guidelines. The architectural features are to include brick veneer on the low level, picket
railings on the balconies, horizontal lapped siding, and roofs with a 5 in 12 minimum slope. Any
tour-story portions of the buildings are to be at least 100' from the adjoining residential property.
The interior residential dwellings shall be developed with architectural features that are similar to
those depicted on the architectural elevation entitled "MUL TI-F AMIL Y APARTMENTS
FRONT ELEVATION - INTERIOR BUILDING", as shown in the Design Guidelines. Parking
for the residential apartment community may include detached and/or attached garages, in
addition to surface parking.
4. The Multi-Family Apartment Village shall include a community center with an
exercise facility, a pool, a business office and surrounding open space. The community center
building shall be developed with architectural features that are similar to those depicted on the
architectural elevation entitled "MULTI-FAMIL Y APARTMENTS CLUBHOUSE
ELEV A TION'" as shown in the Design Guidelines.
5. The total number of multi-family apartments to be developed on the Property
zoned Conditional A-36 shall not exceed 400 units.
6. At the time each section or phase of the Multi-Family Apartment Village is
developed. Grantor shall install a combination of landscaping and berming along Princess Anne
Road and South Independence Boulevard.
4
RESIDE~TIAL VILLAGE
(COl\DITIONAL A-12 WITH A PD-H2 OVERLAY)
7. The village depicted on the Plan as "Residential Village" shall be developed with
a mix of residential products in a condominium regime with architectural features that are similar
to those depicted on the architectural elevations entitled as "TWIN TO\\;NHOMES FRONT
ELEVATION", "TWIN TOW1\1-IOMES SIDE ELEV ATIONS", "SINGLE FAMILY
A TT ACHED ELEV A nON", and "SINGLE F AMIL Y DETACHED HOME ELEV A nONS.', as
shown in the Design Guidelines.
8. The Residential Village shall include a community center with an exercise facility,
a pool and surrounding open space. The community center building shall be developed with
architectural features that are similar to those depicted on the architectural elevation entitled
"RESIDENTIAL CLUBHOUSE ELEV A nON", as shown in the Design Guidelines.
9. The total combination of single-family detached, single-family attached and twin
townhouses to be developed on the Property zoned Conditional A-12 with a PD-H2 overlay shall
not exceed 680 units.
10. Grantor shall record a declaration of protective covenants, conditions and
restrictions (the "Restrictions") governing all of the Property zoned Conditional A-12 with a PD-
H2 overlay, which shall be administered and enforced by a mandatory homeowners association
which will be responsible for maintaining all common areas including, but not limited to, the
clubhouse, pool, open space areas, landscape buffers and stormwater retention ponds located
within the Residential Village.
11. Grantor shall restrict at least one hundred (100) dwelling units within the Property
for occupation, on a full time basis, by at least one adult resident of fifty-five (55) years of age or
older. Such restriction shall also prohibit persons under twenty (20) years of age from residing in
such units for more than one hundred and twenty (] 20) days in any calendar year. The age
restrictions shall be contained in a Declaration of Restrictions recorded against the restricted
units and shall be administered and enforced by the homeowners association. In the event the
5
appro\t~d site plan(s) for the Propert) pro\ide for less than 1080 dwelling units. Grantor shall be
entitled to reduce the number of age-restricted units it reSCf\es by a number equal to the
difference between 1080 units and the number of dwelling units pern1itted to be constructed in
accordance with the approved site plan(s).
12. With respect to the areas shown on the Plan within the Residential Village as
"Open Space" (the "Open Space Area"), Grantor shall file and obtain approval of a rezoning
petition to rezone the Open Space Area to P-l (Preservation District), as defined in the CZO.
prior to the date the first building permit in the Residential Village is issued. Such Open Space
Area shall be subject to recorded restrictive covenants which prohibit the use of such areas for
any purpose other than recreation and open space use.
13. Grantor shall provide for maintenance of the Open Space Area by the
homeowners association, in which case all property owners within the Residential Village shall
be responsible for the costs and expenses of such maintenance.
14. When developed, all single-family detached, single-family attached and twin
townhouses within the Residential Village shall meet or exceed the setbacks and lot dimensions
set forth on the page entitled "Design Criteria" in the Design Guidelines.
15. Grantor shall ensure that the addresses for units within the Residential Village that
are located on alleys will have addresses located on the rear of the structure.
16. Grantor shall provide street trees along the streets within the Residential Village.
In addition, Grantor shall provide ornamental trees throughout the Residential Village in those
areas where space and conditions permit. The street trees will be selected from the City's list of
recommended street trees and spaced accordingly.
17. At the time each section or phase of the Residential Village is developed, Grantor
shall install a combination of landscaping and berming along South Independence Boulevard.
Salem Road and Lynnhaven Parkway.
6
18. Grantor shall r~sa\e sixty-two (6~) dwdling units for work forl.:~ housing (as set
forth bdow). Grantor shall work \\ ith the Directors of Planning and Housing and ~~ighborhood
Pr~s~rvation to ~nsure the implementation of a program that r~seI\es such homes for sale to
credit-worthy bu)ws having inl.:omes between 80% and 120% of area median household income.
detem1ined using HCD-published tigures as adjusted for family size. for the year in which the
home buyer is qualified to purchase. Such program shall provide: (a) that the Grantor shall
distribute reserved dwelling units among credit-worthy buyers at all spectrums of the median
household income range set forth above; (b) that sale of the reserved units shall result in a
housing cost ratio for the qualified buyer that is acceptable to the Director of Housing; (c) for
integration of those dwelling units reserved for qualified buyers throughout the townhouse and
twin townhouse portions of the Residential Village (both in terms of location and in terms of
time of sale); and (d) for reserved dwelling units that are physically indistinguishable on the
exterior from other dwelling units of the same type and size.
COMMERCIAL VILLAGE
(CONDITIONAL B-4)
19. The Commercial Village depicted on the Plan shall be developed as a pedestrian
friendly commercial center having retail space, office space. anchor tenants and a hotel. The
Commercial Village shall be developed in the character of a "'main street" retail and commercial
concept, though the final siting, dimensions and orientation of the buildings, drive aisles and
parking areas may differ from that reflected in the Plan depicted in the Design Guidelines.
20. The buildings within the Commercial Village on the Plan shall use multiple
building articulations, and a variety of building materials, finishes and colors. The buildings shall
be of a quality and of a similar architectural character as those reflected in the photographs
entitled "SHOPS A:\D OFFICE ARCHITECTURAL CHARACTER" as shown in the Design
Guidelines.
7
21. Outpanxl buildings. as m~lI as tht.: hotel. shall b~ d~\dop~d usmg building
d~signs and archit~ctural mat~rials substantially similar to and compatibl~ with th~ d~signs and
materials stated in proffer 20 above.
II The Commercial Village shall voluntarily comply with the following sections of
the CZO pertaining to design standards for retail establishments and shopping centers: Sections
245(a)(2), 245(a)(3), 245(a)(4), 245(b)(1). 245(c)(1). 245(c)(2), 245(c)(3). 246(d)(5). 247(c).
247(d), 247(e) and 248(a).
23. Monument signs identifying the Commercial Village shall be located along
Princess Anne Road and South Independence Boulevard in the locations shown on the Plan in
the Design Guidelines.
24. Signs containing movmg or scrolling text shall be prohibited within the
Commercial Village.
25. The service and/or loading areas of the shops, offices and anchor buildings shown
on the Plan shall be painted neutral, earth tone colors and shall be screened from the view from
public rights-of-way and/or residentially zoned property as depicted on the drawings entitled
"SERVICE AREA SCREENING" as shown in the Design Guidelines.
26. All dumpsters shall be enclosed on at least three sides and screened as required by
the CZO. Dumpster locations shall be depicted on the final site plan.
27. All site lighting installed along any portion of a building in the Commercial
Village facing an adjoining residential use and all site lighting installed in a parking area
adjoining a residential use shall be directed away from the adjoining residential neighborhood
and shall be downward directed and shielded to minimize light seepage into the adjoining
residential neighborhood.
28. At the time each section or phase of the Commercial Village is developed.
Grantor shall install a landscaped berm. consisting of a continuous hedge row and staggcrcd
8
trt:\?s. of at It:ast 30' in width along Princt:ss Ann~ Road and at It:ast 15' in \\ idth along South
Indt:pcndence Boulevard.
29. The Grantor shall construct a pedestrian connection to provide pedestrian access
between the hotel and the "main street"" feature of the Commercial Village.
30. One right in only turn lane from Princess Anne Road into the Commercial Village
shall be permitted. Such turn lane shall be constructed in accordance with City standards.
31. Grantor shall comply with the recommendations for roadway improvements listed
as Recommendations 1 through 7 in Chapter 7 of the Traffic Impact Analysis (the '"TIN')
prepared by Bryant B. Goodloe, P.C., last revised February 26,2007, a copy of which is on file
with the Department of Public Works, Traffic Engineering Division, and has been reviewed and
approved by the Department of Planning and the Department of Public Works.
32. The TIA projects that the proposed development on the Property as submitted by
Grantor to the Department of Planning on December 1, 2006, will generate 21,212 total vehicle
trips per day. Grantor agrees to modify the intensity of the development on the Property from the
level submitted by Grantor on December I, 2006, such that the total vehicle trips per day
generated from the development of the Property is no more than 18,879 total vehicle trips per
day. With each site plan submitted for any portion of the Property, Grantor shall submit a
supplemental traffic projection prepared by a professional traffic engineer containing a
comparison of the traffic generation set forth in the TIA as compared to the proposed level of
development in the submitted site plan to ensure that the site plan complies with the above-
referenced reductions. Prior to approval of the site plan, the Planning Director shall review and
approve the supplemental traffic projection in accordance with this paragraph.
9
33. Grantor shall install a pull in/pull out bus stop for public transportation with
cown.:d shelter on the Property at a location to be determined during site plan n:view.
34. Further conditions lawfully imposed by applicable development ordinances may
be required by the Grantee during detailed site plan and/or subdivision review and administration
of applicable City Codes by all cognizant City agencies and departments to meet all applicable
City Code requirements.
All references hereinabove to zoning districts and to regulations applicable thereto, refer
to the CZO of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning
amendment is approved by the Grantee.
The Grantor covenants and agrees that (I) the Zoning Administrator of the City of
Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing
body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions,
including (i) the ordering in writing of the remedying of any noncompliance with such
conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions,
including mandatory or prohibitory injunction, abatement, damages or other appropriate action,
suit or proceedings; (2) the failure to meet all conditions 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 the provisions of the
City Code, the CZO or this Agreement. the Grantor shall petition the governing body for the
review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an
appropriate symbol on the map the existence of conditions attaching to the zoning of the subject
10
Propl.:rty on the map and that the ordinance and the conditions may be made readily a\ailable and
accessible for public inspection in the office of the Zoning Administrator and in the Department
of Planning and that 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 Grantee.
This Agreement may be signed in one or more counterparts, which, upon execution by all
the parties, shall constitute a single agreement.
IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the
date first written above.
GRANTOR:
SOUTH INDEPENDENCE ACQUISITION, L.L.C.,
a Virginia limited liability company
By:
~
Nathan D. Benson, Manager
COMMONWEAL TH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was sworn to and acknowledged before me this J-.L day of
, " , 2007, by Nathan D. Benson, in his capacity as Manager of South Independence
Acquisition, L.L.C., a Virginia limited liability company, on behalf of the company.
My Commission Expires:
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IN WITNESS WHEREOF. the undersigned Grantor executes this Agreement as of the
date first written above.
GRANTOR:
SOUTH INDEPENDENCE ACQUISITION II. L.L.c..
a Virginia limited liability company
~
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
_', The foregoing instrument was sworn to and acknowledged before me this .l.l.- day of
~ 'v . '. '- , 2007, by Nathan D. Benson, in his capacity as Manager of South Independence
Acquisition II, L.L.C., a Virginia limited liability company, on behalf of the company.
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EXHIBIT A
Lee:al Description
PARCEL ONE:
ALL THAT certain tract or parcel of land, located in the City of Virginia Beach, (formerly the
COllnty of Princess Anne, in the Kempsville District) in the State of Virginia, of which John C.
Spence died seized and possessed, consisting of one hundred thirty-three (133) acres, more or
less, but by survey of October 1909, contains 21 0.7 acres and bounded as follows: On the North
by the lands of T. J. Kiff; on the East by the lands of Griffin Hewitt, deceased; on the South by
the lands of John R. Fentress; and on the West by the North Landing Road.
LESS, SAVE AND EXCEPT, however, the following parcels:
(i) that certain parcel ofland comprised of 3.15 acres, more or less, taken by the Commonwealth
of Virginia by instrument recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, in Deed Book 154 at page 471; (ii) that certain parcel of land
comprised of .79 acres, more or less, conveyed to Luther Foxwell, et ux, by instrument recorded
in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book
248 at page 466; (iii) that certain parcel of land comprised of 64.848 acres, more or less,
conveyed to W & F Investment Corporation by instrument recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 732 at page 592; (iv) that
certain parcel of land comprised of 1.035 acres, more or less, conveyed to William L. Spence, Jr.
by instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, in Deed Book 1196 at page 718; (v) that certain parcel of land comprised of 1.609
acres, more or less, taken by the City of Virginia Beach by instrument recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2823 at page
1318; (vi) that certain parcel of land comprised of 2.502 acres, more or less, taken by the
Commonwealth Transportation Commission by instrument recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2867 at page 754; (vii) that
certain parcel of land comprised of 3.98 acres, more or less, taken by the City of Virginia Beach
by instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, in Deed Book 2923 at page 110; (viii) that certain parcel of land comprised of .00 I
acres, more or less, taken by the Commonwealth Transportation Commission by instrument
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in
Deed Book 3163 at page 1763; (ix) that certain parcel ofland comprised of 1.797 acres, more or
less, taken by the City of Virginia Beach by instrument recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 3778 at page 589; and (x)
that certain parcel of I land comprised of 1.1435 acres, more or less, conveyed to William L.
Spence. III, by instrument recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach. Virginia, as Instrument number 200404070055145.
IT BEING a portion of the same property conveyed to Spence Family Farm, L.P. by deed dated
December 26, 1985 from William L. Spence and Kathleen P. Spence. husband and wife, and
13
recorded in the Ckrk's Office of the Cin:uit Court of the City of Virginia Beach. Virginia. in
Deed Book 2467 at page 2021.
PARCEL TWO:
ALL THAT certain lot. piece or parcel of land. with the buildings and improvements thereon,
and the appurtenances thereunto belonging, situate. lying and being in the City of Virginia Beach,
Virginia, and being known and designated as "PARCEL A HOMESITE: as shown on the plat
entitled, "Subdivision of Property of Spence Family Farm, L.P., Virginia Beach, Virginia:, dated
July 12, 2000, prepared by W. P. Large, Inc. and recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach. Virginia in Map Book 291 at page 72.
IT BEING the same property conveyed to William L. Spence, III, by Deed of Distribution dated
March 12, 2004 from Linda Spence Widgeon, Successor Trustee under the revocable trust
agreement creating THE KATHLEEN PETREE SPENCE REVOCABLE TRUST DATED
OCTOBER 30, 1997, and recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, as Instrument number 200404070055145.
14
- 48 -
Item V-L.l.
APPOINTMENTS
ITEM #56585
Upon NOMINATION by Council Lady McClanan, City Council APPOINTED:
Bruce W. Drees
3 Years
07/01/07 - 06/30/10
BIKEWAYS & TRAILS COMMITTEE -
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, John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
June 26, 2007
- 49-
Item V-L.2.
APPOINTMENTS
ITEM #56586
Upon NOMINATION by Council Lady McClanan, City Council APPOINTED:
E. Ray Cox, Jr.
Unexpired thru 3/31/08 plus - 3 yrs 4/1/08 -3/31/11
HUMAN RIGHTS 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, John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
June 26, 2007
- 50 -
Item V-L.3.
APPOINTMENTS
ITEM #56587
Upon NOMINATION by Council Lady McClanan, City Council APPOINTED:
Jeremy C. Johnson
Unexpired thru 05/31/10
OPEN SPACE ADVISORY 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, John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
June 26, 2007
- 51 -
tem V-L.4..
APPOINTMENTS
ITEM #56588
Upon NOMINATION by Council Lady McClanan, City Council APPOINTED:
Richard A. Alagaban
Unexpired thru 8/31/08
Angela Scott Kellam
Unexpired thru 8/31/09
Kim Thummel
3 yrs - 9/1/07 - 8/31/10
OPEN SPACE ADVISORY 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, John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
June 26, 2007
- 52 -
Item V-O.
ADJOURNMENT
ITEM # 56589
Vice Mayor Louis R. Jones DECLARED the City Council Meeting ADJOURNED at 7:35 P.M.
a~___~:__~_~~
Beverrrh Hooks, CMC
Chief Deputy City Clerk
Louis R. Jones
Vice Mayor
th Hodges Fraser, MMC
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
June 26, 2007