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Home My WebLink AboutAUGUST 14, 2007 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR IlfEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayslde - District -I WILLIAM R. DeSTEPH, A/-Large HARRY Ii. DlEZEL, Kempsville - District 2 ROBERT M. DYER.. CenteMlle - District I BARBARA M. HENLEY, Prmcess Anne Di,,/ric/ 7 REBA S. McCLANAN, Rose Hall- District 3 JOHN E. UHRIN, Beach DIs/nct 6 RON A. VILLANUEVA, At-Large ROSEMARY WILSON, A/-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23~6-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycnc/@vbgov.com CITY MANAGER. JAMES K. SPORE CITY ATTORNEY - LES/JE L. LILLEY CITY CLERK - RUTH HODGES FRASER, MMC 14 AUGUST 2007 I. CITY MANAGER'S BRIEFINGS - Conference Room - 1:00 PM A. TELECOMMUNICA nONS FACILITIES LICENSE AGREEMENT for NEXT G Gwen Cowart, Director - Department of Communication and Information Technology B. WORKFORCE HOUSING Andrew Friedman, Director - Department of Housing and Neighborhood Preservation William Macali, Deputy City Attorney C. 2008 COMMUNITY LEGISLATIVE AGENDA Robert Matthias, Assistant to the City Manager II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA V. INFORMAL SESSION - Conference Room - 4:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Michael "Ron" Sorrell Grace Covenant Presbyterian Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS July 17, 2007 G. AGENDA FOR FORMAL SESSION H. MAYOR'S PRESENTATION 1. KING NEPTUNE XXXIV and HIS COURT Nancy A. Creech-President, Neptune Festival I. PUBLIC COMMENT 1. HEALTH CARE BENEFIT EXECUTIVE COMMITTEE RECOMMENDATIONS FOR PLAN YEAR 2008 James K. Spore, City Manager J. CONSENT AGENDA K. RESOLUTION/ORDINANCES 1. Resolution ACCEPTING the Articles of Incorporation of the Hampton Roads H20 (Help to Others) Program as a 501(c)(3) nonprofit corporation and APPOINT Thomas M. Leahy, III, as aDirector. 2. Ordinance to AUTHORIZE execution of a one-year lease with Tidewater Regional Group Home Commission (TRGHC) of City-owned land at 2293 Lynnhaven Parkway DISTRICT 1 - CENTERVILLE 3. Ordinance to AUTHORIZE acquisition of 7.317 acres ofland at the northeast corner of the intersection of Great Neck Road and Wolfsnare Road for $300,000 from GOPA SIX, L.L.C. re the Open Space program. 4. Ordinance to AUTHORIZE a refund of $40,000 to the Christian Broadcasting Network, Inc. (CBN) for a payment erroneously made to the City re a right-of-way vacation. 5. Ordinance to APPROPRIATE $1,450,000 from the Risk Management Internal Service Fund to pay SPSA for non-recoverable improvement costs and AUTHORIZE the City Manager to execute all necessary agreements for closure of the SPSA composting operation at the Virginia Beach landfill. L. PLANNING 1. Application of JOSEPH and F AYE MA TYIKO for the expansion of a Nonconforming Use at 3257 Shady Pines Lane to construct an addition to an existing duplex. DISTRICT 7 - PRINCESS ANNE. RECOMMENDATION DEFER TO AUGUST 28, 2007 2. Application of BARNETT K. THOUROGOOD for the expansion of a Nonconforming Use at 121 Butts Lane to make needed improvements to an existing structure and adding two storage units. DISTRICT 6 - BEACH RECOMMENDA TION APPRO V AL 3. Variance to ~4.4(b) of the Subdivision Ordinance that requires newly created lots meet all the requirements of the City Zoning Ordinance (CZO) in regard to certain elements of the Subdivision Ordinance, Subdivision for PYONG TU CHO, at 1212 North Inlynnview Road to subdivide the existing lot into two lots and develop the new lot with a single family dwelling. (deferred by City Council on January 9, 2007) DISTRICT 5 - L YNNHA VEN. RECOMMENDA nON DENIAL 4. Application of BELIEVER'S HOUSE WORLD WIDE MINISTRIES for a Conditional Use Permit re a church and child care education center (private school) at 544 Newtown Road, Suite 136. DISTRICT 4 - BA YSIDE RECOMMENDATION APPROVAL 5. Application of CHECKERED FLAG MOTOR CAR COMPANY for a Conditional Use Permit re motor vehicle sales, rentals and service at 5193 Virginia Beach Boulevard (referred back to the Planning Commission on April 24, 2007). DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROV AL 6. Application of HENRY C. SCOTT for a Conditional Use Permit re a recreational facility of an outdoor nature (skateboard ramp) at 2425 Melstone Court DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROV AL 7. Application of RICHARD F. ROBERTSON for a Change of Zoning District Classification from B-2 Community Business District to R-20 Residential District at 5536 and 5544 Parliament Drive to make the zoning of the properties consistent with the existing residential use. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 8. Application of JOANNE S. FERRELL and EDITH JOHANNA SMITH for a Change of Zoning District Classification from R-5D Residential District to Conditional B-2 Community Business District at 213 and 217 Louisa Avenue to enlarge the existing B-2 zoning to combine the rear portions of the property with the adjacent parcel to the west fronting on First Colonial Road. DISTRICT 6 - BEACH RECOMMENDA nON DEFER TO SEPTEMBER 11, 2007 9. Application of AGC ACQUISITION, L.L.C. for a Change of Zoning District Classification from AG-2 Agricultural District to Conditional B-4 Mixed Use District at 1291 Nimmo Parkway to develop a strip retail center and multi-family dwellings (indefinitely deferred by City Council on July 10, 2007). DISTRICT 7 - PRINCESS ANNE RECOMMENDATION INDEFINITE DEFERRAL 10. Application of SOUTH HAMPTON ROADS HABITAT FOR HUMANITY, INC. for a Change of Zoning District Classification from R-7.5 Residential District to Conditional A-12 Apartment District on the east side of Zurich Arch south ofI-264 re the construction of a ten (10) unit residential condominium. DISTRICT 3 - ROSE HALL RECOMMENDATION INDEFINITE DEFERRAL 11. Application of PRINCESS ANNE COUNTRY CLUB, INC. for a Modification of Conditions placed upon a change in a Nonconforming Use (approved by City Council on March 12, 1991) at 3800 Pacific Avenue for a request to allow three of the outdoor tennis courts to be enclosed with an air-supported structure on a seasonal basis December 1 through March 31. DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 12. An Ordinance to AMEND Section 200 of the City Zoning Ordinance (CZO) by establishing minimum setbacks from certain bodies of water for single family and duplex dwellings. RECOMMENDA nON APPROVAL M. APPOINTMENTS COMMUNITY MEDICAL ADVISORY COMMISSION HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT ********************************** PUBLIC COMMENTS Non-Agenda Items ********************************** August 21 August 28 October 16,2007 January 15,2008 Agenda 8/14/07gw www.vbgov.com CITY COUNCIL SCHEDULE Briefings, Informal, Formal Briefings, Informal, Formal, including Planning items CITYWIDE TOWN MEETINGS Location to be Announced - 7:15 pm FY 2008-2010 Budget Location to he Announced -7:15 pm Storm water Plans and Fundiml * * * * * * * * * If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 * * * * * * * * * * * - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 14,2007 Mayor Oberndorf called to order the City Manager's Briefing re Telecommunications Facilities License Agreement for NEXTG in the City Council Conference Room, City Hall, on Tuesday, August 14, 2007, at 1:00 P.M Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Barbara M Henley [Entered: 1:15 P.M) John E. Uhrin [Out of City re Economic Development) August 14, 2007 - 2 - MAYOR'S COMMENTS ITEM # 56665 While attending the Us. Conference of Mayor's Conference, Mayor Oberndorf was interviewed and photographed. Mayor Oberndorf is recognized in the most recent issue of Esquire Magazine as one of the "Best Dressed Mayors ". August 14, 2007 - 3 - C IT Y MANA G E R 'S B R IE FIN G TELECOMMUNICATIONS FACILITIES LICENSE AGREEMENT FOR NEXTG 1:00 P.M. ITEM # 56666 Gwen Cowart, Director - Department of Communication and Information Technology, referenced the request of NextG Networks re an Ordinance Granting a Temporary Nonexclusive Revocable License Agreement to NextG Networks Atlantic, Inc. to install and operate a Telecommunications System or Facilities in the City Of Virginia Beach's Rights-Of-Way . NextG Networks is headquartered in San Jose, California, and operates regional subsidiaries throughout the United States . In February 2006, NextG requested a right-of-way use agreement to access the City's public ways for the provision of telecommunications services . NextG carries voice and data traffic handed of/to it by wireless providers . Traffic is carried via fiber optic lines from antennas located on utility and/or street light poles to a central switching-like location, and from there, either back to another antenna or out to the public switched telephone network or Internet Key Considerations . Under Virginia Code: . No telecommunications service provider may locate its facilities in the public right-of- way without the consent of the City . City may not impose any restrictions or requirements on the use of the public rights-of- way which are: . Unfair or unreasonable . Any greater than those imposed on all providers of telecommunications services and non-public providers of cable television, electric, natural gas, water and sanitary sewer services . Ten-year (10) term, may be extended upon mutual agreement for one additional five year term . Non-exclusive agreement . Three other competitive local exchange service providers currently operating in the City Rights-of-Way (Cox, Cavalier, Telcove) . NextG required to maintain: . $50,000 Performance Bond during construction . $25,000 Letter of Credit during construction . Commercial General Liability Insurance with minimum single occurrence limit of $2,000,000 . All trees, landscaping and grounds restored, as nearly as may be practicable, to the condition existing prior to the facilities work . When construction is completed and City approves, Performance Bond may be reduced to $25,000 and the Letter of Credit to $10,000 August 14, 2007 - 4 - C IT Y MANA G E R 'S B R IE FIN G TELECOMMUNICATIONS FACILITIES LICENSE AGREEMENT FOR NEXTG ITEM # 56666 (Continued) Pole Attachments . Attachment to City-owned poles, if any, will be addressed in a separate pole attachment agreement . Prior to any construction, NextG must obtain all appropriate permits . NextG facilities pole attachments on existing or replacement utility poles only, subject to applicable federal and state law . With City Manager's prior written consent, subject to the City's applicable permitting process, NextG can install new poles in the absence of any existing, available or accommodating poles Council Lady McClanan expressed concern and advised the poles in her District would not support many more attachments and she is concerned for the lack of maps provided. Some poles laden with wires, are leaning sideways, from the over-weight. Ms, Cowart advised NextG would have access to all City rights-of-way. The locations are driven by the companies to whom they provide services, NextG must apply to the City for permits and all the City's processes would be applied to their operations. The intent was first to utilize existing utility poles (not towers) already in place, Federal and State Codes govern placement of wires on poles, There will be a certain capacity on poles. Christopher Sinclair, representative of NextG, was in attendance. Deputy City Attorney Macali advised information will be provided from the National Electrical Safety Code, Councilman Wood referenced the Verizon fiber project in his District, recelvmg many complaints concerning yards being "torn up", utilities being cut. One street off Great Neck Road did not have street lights for six (6) months. Concerning whether if the fiber optic lines would be underground, Ms. Cowart advised if the existing utility infrastructure is overhead, NextG has the option to be overhead. If all utility services are underground, this agreement would provide these fiber optic lines to be underground. The agreement will contain verbiage relative restoration of the current conditions afthe residential area, Their business area today is finding unique cellular pockets, Cellular phone companies require augmented services to handle the volume of cell phone usage. Under the agreement, NextG would have to request the City's permission to erect a new pole. Visuals of this proposed telecommunications system shall be provided. Deputy City Attorney Macali advised the City does not have to allow attachments on City owned poles, A Federal Law allows attachments on privately owned poles i.e, Virginia Electric and Power Company, Compensation . Governed by Virginia Code Section 56-468.1 · Only a Public Rights-of-Way Use Fee may be charged . A local ordinance is requiredfor a locality to impose a Public Rights-of-Way Fee . Several years ago Virginia Beach opted not to impose Public Rights-of-Way Fees August 14,2007 - 5 - C IT Y MANA G E R 'S B R IE FIN G TELECOMMUNICATIONS FACILITIES LICENSE AGREEMENT FOR NEXTG ITEM # 56666 (Continued) The City Attorney advised both the Federal and State government follow the Telecommunications Act of 1996. With this Act, the City basically lost control of their rights-ofway, which have to be made available on an equal basis, so one company cannot override another. Public Works issues right-ofway permits. However, Virginia Power may have a subcontractor with an unmarked truck. When damage occurs, there might be two (2) or three (3) subcontractors working the right-ofway and there is difficulty determining who is at fault for damages incurred on personal property. An ordinance is being drafted concerning the subcontractor posting a sign advising the name of their employer, This ordinance can also require this information, as well as date and hours worked, be specified on the right-ofway permit, A follow up inspection can also be performed. A Public Hearing and the Ordinance shall be scheduledfor the City Council Session of August 28, 2007. August 14, 2007 - 6 - C IT Y MANA G E R 'S B R IE FIN G WORKFORCE HOUSING 1:35 P.M ITEM # 56667 Mayor Oberndorf referenced today's August J 4, 2007, Virginian-Pilot very positive editorial entitled: "Creative Plan on Housing Costs" concerning Workforce Housing, Said information was distributed to City Council and is hereby made a part of the record Andrew Friedman, Director - Department of Housing and Neighborhood Development, advised Deputy City Attorney William Macali is the author of the Workforce Housing Ordinance. Sharon Prescott, Housing and Neighborhood Preservation, has led the program development, Mr. Friedman recognized Frank Spadea, Tim McCarthy, Mary Kay Horoszewski, Karen Lasley, Chandler Scarborough, Jessica Guglielmo, and Carolyn McPherson, who have contributed to the Workforce Housing and played an integral part in its development., Timeline . 5 Jun 2007 - Council referred ordinance and Comp Plan amendment to PC . 13 Jun 2007 - Planning Commission voted to approve ordinance and amendment . 10 Jul2007 - Council briefed on program . 14 August 2007 - Review Program Ordinance . 21 August 2007 - Public Input . 28 August 2007 - Council vote on entire package There are basically four (4) elements to the Workforce Housing Program: . Comprehensive Plan Amendment . Zoning Ordinance . Program Ordinance . Workforce Housing Advisory Board (addressed in the program ordinance) Why an Ordinance? . Establishes in law the requirements of the program . Defines who can benefit, how the program works, what happens. . Is a companion to the Zoning Ordinance which was reviewed on July 10, 2007? Section 16-42: Purpose and Intent: Amends Chapter 16 (Housing) to establish the program and help achieve the vision for housing and neighborhoods described in the Comprehensive Plan Establishes: . Eligibility . Sales prices . Procedures . Advisory board . Applies only to housing established under this ordinance Definitions - Section 16.44 . Affordability - 30% of gross household income (with additional details) . Eligible Buyer: Household income between 80-120% of Median (currently $46,000 to $69,000 for a family of three) . Household Median Income - determined annually by HUD August J 4, 2007 - 7 - C IT Y MANA G E R 'S B R IE FIN G WORKFORCE HOUSING ITEM # 56667 (Continued) Eligibility to buy a unit- Section 16-45 . Household member must live, work or can demonstrate that they will be working in VB . Not own real estate . Income limit . Asset test What does "eligibility" mean? . Allows person to become a buyer . No promise that a house will be available . Must obtain ownfinancing . Mustfind and contractfor a unit in the program . Must meet all regular legal andfinancial requirements Pricing & Discount of For-Sale Units - Sections 16-46 & 47 . Maximum qualifying prices are set by City Council based on staff and advisory board recommendation. The prices are determined based on a formula using income and household size with adjustments for market factors . Developer prices are based on a discount from the market price, in accordance with bonus density sliding scale . Developer discounted price must be under the maximum qualifying price August 14, 2007 - 8 - C IT Y MANA G E R 'S B R IE FIN G WORKFORCE HOUSING ITEM # 56667 (Continued) Sale of Units by Developer - Section 16.48 . City may purchase up to one-third . If not purchased by City, must be sold to eligible buyers . If not sold to eligible buyers, may be sold without restriction, with discount amount paid to City revolvingfund Resale of Units by Initial Purchaser - Section 16.49 . No restriction on time of sale . Must be offered to City or agent - the City will offer appraised value . City can either purchase, or assign purchase rights to an eligible buyer . If not purchased by City, buyer sells on open market and pays value of lien to workforce housing revolvingfund Restrictions on Owner-Section 16.50 . Refinancing restrictions . Pre-payment of lien before sale . Other violations and penalties - in Section 16-57. Restrictions on Owner - Second Mortgage Soft Second Mortgage Initially Equal to Workforce Housing Discount - Increases or decreases in proportion to unit's net appreciation in order to preserve affordability No monthly payment, 0% interest Repayment due at resale or transfer Workforce Housing Unit's affordability is preserved through a Second Lien Rental Housing - Section 16-51 Eligibility of renters: . Income between 60-90% of median . Not own real estate . Asset test . Live or work in Virginia Beach Rental Property Requirements Section 16-52 . Enforce by a compliance agreement . Liquidated damages for non-compliance . Rents must be below eligible maximums August 14, 2007 - 9 - C IT Y MANA G E R 'S B R IE FIN G WORKFORCE HOUSING ITEM # 56667 (Continued) Workforce Housing Advisory Board - Section 16-54 . Establishment required by State law . Membership established by State law . Ten members appointed by City Council . Members occupations/professions set by State law . Provides advice to City Council on the Workforce Housing Program . Reports annually to City Council Advisory Board Membership - Defined by State Code if Total of Ten Members Four-Year Terms After Initially Staggered Terms 2 - Either land use planners, 1 - Real Estate salesperson or civil engineers or architects broker 1 - Representative of a lender 1 - Planning or Public Works for residential development Department staff member 1 - City Council Member 1 - Representative of a non- profit housing organization 1 - Builder of single family 1 - Citizen of Virginia Beach housing 1 - Builder of multi-family housing 26 Mr. Friedman recognized Mary Kay Horoszewski, Executive Director, Virginia Beach Community Development Corporation. Virginia Beach Community Development Corporation will act as City's Agent-Section 16-55 . Virginia Beach Community Development Corporation (VBCDC) is experienced at real estate transactions and can more efficiently conduct them . Exact duties will be determined by City Manager . Virginia Beach Community Development Corporation (VBCDC) can charge a fee as part of the sales transaction . VBCDC will report annually to City Council Virginia Beach Community Development Corporation Role as Designated Agent . Designated agent will handle majority of program operation . Fee to buyers will pay costs for designated agent . City does not take title to properties . Buyersfind units and obtain financing August 14, 2007 - 10 - C IT Y MANA G E R 'S B R IE FIN G WORKFORCE HOUSING ITEM # 56667 (Continued) Establishment of Rules and Guidelines - Section 16-56 . Allows Director of Housing and Neighborhood Preservation to establish rules and guidelines to supplement the ordinance. . Rules must be in conformity with the ordinance . Rules must be approved by City Manager Buyer or Renter Violations Section 16-57 . Establishes violations and penalties for them. . Provides authority to identify and enforce violations to insure program integrity. . Must occupy unit, maintain property, comply with requirements Next Steps August 21, 2007 August 28, 2007 September/October Public Input Opportunity City Council vote on all aspects Hire Program Coordinator; develop agreements with designated agent Deputy City Attorney Macali advised this Ordinance only applies to the Workforce Housing approved under the City Zoning Ordinance. It does not apply just because a developer would say they will provide affordable housing. Mr. Friedman advised there is also the possibility a developer could have units at very affordable prices and receive that 1% discount and participate in the program for bonus density, but would always have to be approved by City Council through the Workforce Housing Program. Mr, Friedman will review the possibility for those developers i.e. Renaissance Park. who were not initially in the Workforce Housing Program to enter the program, Council Lady Wilson concurred with Councilman DeSteph re the Grantor's Tax, Delegate Terry Suit - Chair of the Housing Committee, might be able to have some type of relaxation re payment especially involving Workforce Housing. This might prove to be a worthy addition to the Community Legislative Agenda. Relative the complexity of the Ordinance, the City Attorney advised aspects of the Ordinance will be reviewed and simplified if feasible. Concerning General Assembly action re the Greantor's Tax, this might not be feasible this year. Mr, Friedman advised the importance of remembering if the Workforce Housing Program is adopted, the first applications will be received this Fall, approved this Winter and units will probably not be constructed until January 2009, There will be sufficiently adequate lead time, the Advisory Board can be appointed and issues referenced can be taken under advisement and recommendations made. August 14, 2007 - 11 - C IT Y MANA G E R <S B R IE FIN G 2008 COMMUNITY LEGISLATIVE AGENDA 2:28 P.M. ITEM # 56668 Robert Mathias, Assistant to the City Manager, presented the DRAFT 2008 Community Legislative Agenda. Two (2) items that have not been included is a placeholder for the Blue Ribbon Tax, Fee and Spending Task Force and a comprehensive item concerning requested changes to the City Code re retirement and compensation issues in response to City Council's request for additional options and in response to the Employee Benefits Review Task Force (will be distributed in Friday, August 17, 2007 Agenda Package), A Public Comment period has been scheduled for August 28, 2007, with final adoption September 11, 2007. A reception has been tentatively scheduled with the General Assembly, City Council and the Virginia Beach School Boardfor Wednesday, September 26, 2007. The 2007 Session of the General Assembly was a watershed for action by the General Assembly 011 transportation. By allowing Hampton Roads to establish a transportation authority with certain fees and the ability to toll major projects, the region can better control its destiny when it comes to transportation infrastructure improvements. For this action, this City Council is very appreciative. However, the statewide funding program still remains inadequate; especially with the possible loss of the civil penalty monies and the dependence on a surplus in the General Fund for a portion of the new statewide transportation funding program thought to not exist for the next Biennium, Furthermore, although the General Assembly has put substantial funds into maintenance, the natural growth of maintenance funding needs will very shortly deplete those additional funds, There will again be a call on the construction budget to fund maintenance, which will decrease funding for transportation including urban allocations Furthermore, although the re-benchmarking of education will mean an additional $I,2-BILLION or more for local governments over the next Biennium, the true cost of rebenchmarking is perhaps 2-3 times that amount. This is evident when the City of Virginia Beach expends $160-MILLION into education above what is required by the Standards of Quality. These funds are not to meet "local aspirations" as some in the General Assembly have categorized them; they are there to provide a quality education for our children so that they may be competitive in the world market place. The General Assembly needs to strive to fully fund the true cost of education 2008 REQUESTED CODE OF VIRGINIA CHANGES 1. TAX, FEE & SPENDING TASK FORCE Background: The City of Virginia Beach has created a taskforce to review revenues and expenses. This group will report later this year and, therefore, a "place holder" is inserted for their future recommendations August 14, 2007 - 12 - C IT Y MANA G E R 'S B R IE FIN G 2008 COMMUNITY LEGISLA TIVE AGENDA ITEM # 56668 (Continued) 2. ENVIRONMENTAL IMPACT REPORT FOR 100% LOCALLY FUNDED HIGHWAY PROJECTS Phil Davenport Interim Department Director Department of Public Works Background: During this last General Assembly session, HB3202 was passed which amends State Code Section 10.1 -1188 to require that even 100% locally funded highway projects (and only highway/road projects - all other types of local projects, regardless of impact, remain exempt) of $100,000 or more must develop and submit an environmental impact report to the Virginia Department of Transportation (VDOT). Change in the Code or Acts of Assembly required, if applicable: Repeal this legislation or greatly increase the monetary amount of projects that must submit to this requirement. 3. Loss OF MEDICAID ELIGIBILITY FOR TEENS IN FOSTER CARE WITH EARNED INCOME Dr. Terry Jenkins Department Director Department of Human Services Background information: Under current Virginia law, the local Department of Social Services must discontinue Medicaid to a foster care child between the ages of 19 and 21, if the foster child earns more than $193.74 in gross income per month. These foster children need to have the benefit of Medicaid to cover the cost of their medical expenses, and they also need to have the opportunity to earn income beyond the current limitations. This law appears to be in direct conflict with the independent living program for foster children. The independent living program was designed to assist children in foster care aged 16-21 in becoming self-sufficient. Achieving the goal of self- sufficiency must include the opportunity for youth to earn income that will prepare them for survival in an independent living situation. Request: The General Assembly is requested to direct the Department of Medical Assistance Services to adopt regulations amending title 32.1 of the Code of Virginia to allow foster children between the ages of 19-21 to be exempt from the income limitation, thus allowing them to remain eligible for Medicaid. This would give older foster children the opportunity to earn the income necessary to achieve the goal of self-sufficiency August 14, 2007 - 13 - C IT Y MANA G E R 'S B R IE FIN G 2008 COMMUNITY LEGISLATIVE AGENDA ITEM # 56668 (Continued) 4. WEAPONS IN PUBLIC BUILDINGS WHERE HEALTH SERVICES ARE PROVIDED Dr. Terry Jenkins Department Director Department of Human Services Background Information: The General Assembly passed legislation in 2003, which deprived localities of the authority to prohibit or restrict the carrying of weapons into City buildings. As a result, the City may no longer prohibit the carrying of firearms into City buildings, including facilities run by Mental Health, entail Retardation and Substance Abuse Services and Social Services. Amending the Code of Virginia to include the proposed addition to the Virginia Code 22 V AC 42-11-220 (Standards for Interdepartmental Regulation of Children's Residential Facilities) would permit localities to adopt ordinances, resolutions or motions governing the possession or carrying of firearms into buildings owned or used by such locality for governmental purposes. Request: The General Assembly is requested to amend the Code of Virginia to include language comparable to Virginia 22 V AC 42-11-220 for all mental health, mental retardation, substance abuse and social services facility and community based programs, including those operated in public and/or city owned buildings as follows: 22 VAC 42-11-220. Weapons The facility shall develop and implement written policies and procedures governing the possession and use of firearms, pellet guns, air guns, and other weapons on the facility's premises and on facility related activities. The policy shall provide that no firearms, pellet guns, air guns, or other weapons shall be permitted on the premises or at facility sponsored activities unless the weapons are: 1. In the possession of licensed security personnel or law enforcement officers 2. Kept securely under lock and key Mr. Matthias referenced the DRAFT Animal Control Facility Policy Report, provided AND distributed by David L. Hansen, Chief of Finance and Technology, This Policy relates to Item 5 - Changes to the Animal Fees. The fees could assist with the payment of a new Animal Care Facility. August 14, 2007 - 14 - CITY MANA GER 'S BRIEFING 2008 COMMUNITY LEGISLATIVE AGENDA ITEM # 56668 (Continued) 5. CHANGES TO THE ANIMAL FEES\ Dave Hansen Chief of Finance & Technology City Manager's Office Background: The City would like to amend the Code of Virginia dealing with cremation of animals, increase pet license fees and to authorize localities the option to require Veterinarians sell dog and cat licenses. Current compliance rates within the municipality are below 10%. As a matter of convenience, it is believed the Veterinarians would be of great assistance in the collection process. This would further enhance the most recent General Assembly requirement for Veterinarians to report to the local Office of the Treasurer all rabies vaccinations. Of great concern is the City's existing animal control facility is approaching 40 years of age and no longer meets the needs of citizenry. Adjusting the fee structure caps would allow the City to appropriately plan and resource the life cycle replacement of the facility, the equipment and the vehicles necessary to provide this critical public service. The City has no capability for providing for large animal disposal. Current practices require private citizens to bury the remains, or at huge expense, contract privately for disposal. In eliminating the incineration fees, the City could calculate the operational and capital costs needed to make the proper investment to support this growing requirement. This will make sure that the City's true cost for disposal of deceased animals, both large and small, is being covered in a realistic fee structure. By increasing the cap for dog and cat licenses, which has not been increased since 1993, it will allow the City to enhance the incentive for citizens to neuter and spay their pets. It would be the intent of the City to raise the neutered and spayed pet fee to $10 and the non-neutered/non-spayed dog and cat fees to $20. Request: 1. To remove the cap rate on cremation fees of $20.00 for small animals, and $75.00 for large animals. Removing the cap rate would allow localities to charge fees to recoup the funds they spend on cremating animals. Each locality could then set fees as required. State Law: 18.2-510. Burial or cremation of animals or fowls which have died 2. Increase the fee cap for dog and pet licenses to $20.00. The current cap of $10.00 is pre-1993. State Law: S 3.1-796.87. Amount oflicense tax. 3. Allow localities to require Veterinarians to offer the sale of licenses. To ensure that all cats and dogs are licensed and to offer more convenience to citizens. State Law - ~ 3.1-796.86. How to obtain license August 14, 2007 - 15 - C IT Y MANA G E R 'S B R IE FIN G 2008 COMMUNITY LEGISLATIVE AGENDA ITEM # 56668 (Continued) 6. CIVIL PENALTIES FOR FIRE CODE VIOLATIONS Interim Fire Chief Steve Cover Fire Department Background Information: The Virginia Statewide Fire Prevention Code (SFPC) provides for the use of summonses for Fire Code violations when the Fire Official is trained in accordance with the Code of Virginia (~ 27-34.2). Violations of the SFPC are Class I misdemeanors (~ 27-100). Many businesses that become repeat offenders of the Fire Code rotate managers or responsible parties so that when a violation is caught the summons goes to a different person each time. When a Magistrate summons is issued to a legal officer of the business, the resulting defense is one of denial of responsibility because they were not on site. Summonsing the manager or responsible person who is on site results in a defense, that they were acting as directed or that they had no knowledge of the occurrence of the violation of the ability to control the violation. This results in the Fire Official having to issue multiple summonses and or subpoenas to get all of the parties before the Judge to sort out responsibility. In many cases, since the responsible party is not brought into court they see this as a cost of doing business. This is a burden on the court system and on municipal resources. These cases usually result in multiple continuances with adjudication for a single offense sometimes exceeding eight to twelve months. Request: The General Assembly is requested to provide for civil penalties within the Virginia Statewide Fire Prevention Code (SFPC). The proposal would provide the option for localities that enforce the SFPC to establish a civil penalty process and fee schedule if they elect to use civil penalties. The maximum penalty per violation should be capped at $2500, the maximum fine for a Class I misdemeanor. Civil penalties that could be levied against the business would provide for a greater incentive for the business to comply with the Fire Code. The defendant would be provided due process using the appeals process provided within the Fire Code. The civil penalty, when levied against a business, results in bringing the responsible party forward to either defend the business or pay the penalty. The civil penalty unveils the true responsible party. SAMPLE CIVIL PENAL TV SCHEDULE 1 st violation 2nd violation within 12 calendar months 3rd violation within 12 calendar months 4th and subsequent violations within 12 calendar months $ 500 $1000 $2000 $2500 o A jurisdiction would be required to adopt a fee schedule using the ordinance process o All collections of fees would be within the existing framework of tax collection within the jurisdiction [] No business or individual could be subjected to a civil penalty and a summons for the same offense D Fees collected would go to the local Fire Official to support enforcement activities .Civil penalties provides for an alternative method to address violations of the SFPC and in many instances will eliminate salaried workers from being either charged with a violation of the SFPC or being subpoenaed to court for being in the wrong place at the wrong time. August 14, 2007 - 16 - C IT Y MANA G E R 'S B R IE FIN G 2008 COMMUNITY LEGISLATIVE AGENDA ITEM # 56668 (Continued) 7. CHILD ENDANGERMENT FROM ILLEGAL FIREWORKS Interim Fire Chief Steve Cover Fire Department Background Information: Fireworks are strictly regulated in the Code of Virginia and the Virginia Statewide Fire Prevention Code. The City of Virginia Beach strengthens the Code, declaring all fireworks illegal for use, sale or storage. Fireworks have become an increasing problem in the city on major holidays, such as Memorial Day and Independence Day. The quantity and quality of fireworks have continued to increase with professional quality fireworks being made available to consumers through out-of-state purchases and over the Internet. These fireworks pose a considerable hazard to both life and property. In many instances, hildren obtain these fireworks. The fireworks problem out paces all enforcement efforts and the problem continue to increase every year. This year, there were a number of children treated in emergency facilities across the city as a result of fireworks injuries. Request: The General Assembly is requested to enact mandatory reporting by all emergency medical facilities and Emergency Medical Technicians for all juvenile fireworks injuries. Reports should be filed with Child Protective Services (CPS) with the requirement that CPS forward the information to the local Fire and Police Official for further investigation. The investigation findings would be shared with CPS and as a joint effort between Law Enforcement, Fire and CPS. The intent ofthe investigation is to seek out parents who knowingly allow a child to utilizt:: fireworks. The investigation would also help reveal where some of the more dangerous fireworks are coming from with the hope that additional enforcement actions could limit the influx of illegal fireworks into Virginia or may support increasing the penalty to a felony for selling fireworks. The felony charge would allow offenders to be brought to justice when out of state. The City of Virginia Beach was pleased to learn that the House Appropriations Committee funded $200,000 for Representative Thelma Drake's project request for law enforcement technologies for yesterday. This Community Oriented Policing Services (COPS) funding will greatly enhance and upgrade the City's Police Department capabilities. This is a major step in the federal legislative process. The House and Senate Committees will still have to go through House-Senate Conferences to resolve differences in their bills and then that bill will be sent to the President for signature into public law. The City is very lucky to have such a strong federal congressional delegation promoting the City's needs in Washington. City's Specific Request and Description of Funding Request: For FY 2008, the City of Virginia Beach requests a total of $200,000 under the COPS Law Enforcement Technology account for law enforcement technologies, in which funds would be used for a Live Scan integrated booking system, SW A T team tasers, night vision goggles, and a down link viewer with a monitor for the helicopter unit. August 14, 2007 - 17 - CITY MANA GER 'S BRIEFING 2008 COMMUNITY LEGISLATIVE AGENDA ITEM # 56668 (Continued) 8. DEFINITION OF "FIREARMS" Chief A.M Jacocks Police Department Background: Arrests and successful prosecution of cases involving firearms, and similar weapons, is being seriously hampered by the various definitions of what constitutes a "firearm" under the different code sections. Code ~ 18.2-282 (Brandishing) incorporates language for firearms, air or gas operated weapons or objects similar in appearance. A "firearm" is defined as something that expels a projectile due to the explosion of a combustible material. Unfortunately, ~~ 18.2-308 (Concealed Weapon), 18.2-308.1 (Possession of a firearm on school grounds), and 18.2-308.2 (Possession of a firearm by a convicted felon) only incorporate language defining a "firearm" and do not address weapons powered by air or gas or items that look identical to a defined firearm. There have been incidents where officers observe what they believe to be firearms only to discover they are air or gas operated weapons similar in appearance to "firearms." Secondly, there have been numerous robberies committed by offenders carrying air or gas operated weapons or weapons of like appearance. If officers locate these air or gas weapons concealed on an offender, officers are unable to charge the offender with carrying a concealed weapon because it does not fall under the definition of a "firearm" or "edged weapon." If the offender takes these items on school grounds, they can't be charged with carrying a "firearm" on school grounds as it does not meet the definition of a firearm. Request: It is recommended that State Code ~ 18.2-308, ~ 18.2-308.1 and ~ 18.2-308.2 be amended to incorporate language adding air or gas operated weapons, or objects similar in appearance, to the list of prohibited items. Below are the recommended changes (note that changing ~ 18.2-308, subsection A may alleviate the need to change ~ 18.2-308.1. Any changes to ~ 18.2-308.1 may alleviate the need to change ~ 18.2-308.2). August 14, 2007 - 18 - CITY MANA GER 'S BRIEFING 2008 COMMUNITY LEGISLATIVE AGENDA ITEM # 56668 (Continued) 9. REIMBURSEMENT FOR TRANSPORT A nON DURING CIVIL ADMISSIONS Chief A,M Jacocks Police Department Background: Law enforcement agencies incur expenses for fuel, vehicle maintenance and employee overtime due to the requirements of Code ~ 37.2-810. There is currently a mechanism in place to cover transportation costs ofthese subjects under certain circumstances. Code ~ 37.2-829, Paragraph 2, provides that "In cases where the Sheriff of the jurisdiction of which the person is a resident is more than 100 miles from the nearest boundary of the jurisdiction in which the proceedings took place, it shall be the responsibility of the Sheriff of the latter jurisdiction to transport the person. The cost of transportation of any person so applying or certified for admission pursuant to J37.2-814 or J37.2-821 shall be paid by the Commonwealth from the same funds as for care in jail." Other law enforcement agencies receive no reimbursement by the Commonwealth for these costs. It is recommended that all transportation costs, incurred by law enforcement agencies during the TDO process under ~37.2 -810, be reimbursed to cover the costs of transportation. The Virginia Beach Police Department has been required to transport subjects from Virginia Beach to as far away as Richmond, Fredericksburg, Petersburg, the Eastern Shore and Staunton. These costs have come from the City's own budget. ~ 37.2-810: Transportation of person in the temporary detention process (Paragraph B): A law enforcement officer may lawfully go, or be sent beyond the territorial limits of the county, city, or town in which he serves to any point in the Commonwealth, for the purpose of executing any order for temporary detention pursuant to this section. All transportation costs incurred by the law enforcement agencies will be reimbursed by the Commonwealth. 2008 FUNDING ITEMS Mr. Matthias referenced the omission of one funding item. Council Members Henley and Diezel wished funding also be utilizedfor the ITA (Interfacility Traffic Area) BRAe FUNDING James K. Spore City Manager City of Virginia Beach Request: Request that the General Assembly provide funds either directly to the City of Virginia Beach for the Base Realignment and Closure Commission (BRAC) Compliance Plan in the amount of $7.5-MILLION per year over the biennium or direct that those funds flow through the Military Strategic Response Fund of the Virginia National Defense Industrial Authority. Providing these funds will send a strong message to the U.S. Navy that the Commonwealth and City of Virginia each are serious about preserving Naval Air Station Oceana. August 14, 2007 - 19 - C IT Y MANA G E R'S B R IE FIN G 2008 COMMUNITY LEGISLATIVE AGENDA ITEM # 56668 (Continued) 1. NEED FOR ADDITIONAL GROUP-HOME BEDS IN THE LOCALITY FOR YOUTH NEEDING OUT OF HOME PLACEMENT Dr. Terry Jenkins Department Director Department of Human Services Request: The General Assembly is requested to approve an appropriation of $1.9-MILLION for the construction of a 12-bed facility to be used as a group home for CSA-mandated and non- mandated youth needing out-of-home placement. Operational costs would be paid with CSA funds, Juvenile Court Services funds and other fee revenue. 2. CSA ADMINISTRATIVE ALLOCATION Dr. Terry Jenkins Department Director Department of Human Services Request: The General Assembly is requested to amend Title 2.2, Chapter 52 of the Code of Virginia to eliminate the maximum administrative allocation of $50,000 in order to improve localities ability to meet the administrative requirements of the CSA and to permit a maximum amount equal to 2% of allocation, in the amount of $234,968, to be used for administrative costs. 3. SUPPORT FOR ADDITIONAL ST ATE GENERAL FUND DOLLARS FOR CSB PROGRAMS Dr. Terry Jenkins Department Director Department of Human Services Request: The City of Virginia Beach is requesting that the General Assembly fully fund the mental health, mental retardation, and substance abuse system to meet the needs of children and adults on waiting lists for services. Additionally, the City requests that funds be made available to meet the needs of low-income families to include child care, affordable housing, employment, health care and transportation. August 14, 2007 - 20- C IT Y MANA G E R 'S B R IE FIN G 2008 COMMUNITY LEGISLA TIVE AGENDA ITEM # 56668 (Continued) 4. Funding for Public Health Services Dr, Terry Jenkins. Department Director Department of Human Services Request: The General Assembly is requested to fully fund the Virginia Beach Public Health Department and equalize funding for Virginia Beach on a per capita basis to match Norfolk and Portsmouth. 5. VIRGINIA BEACH LIFELONG LEARNING CENTER (JOINT USE LIBRARY: A PARTNERSHIP BETWEEN THE CITY OF VIRGINIA BEACH AND TIDEWATER COMMUNITY COLLEGE- VIRGINIA BEACH CAMPUS) Marcy Sims Department Director Department of Public Libraries Request: The General Assembly is requested to include funding of $46-MILLION in the Budget for the 2008-2010 Biennium for Tidewater Community College's share of the Joint Use Library. The City of Virginia Beach has approved the City's share of the capital costs, which is approximately $10-MILLION 6. ADAM THOROUGHGOOD HOUSE AND L YNNHA VEN HOUSE - HISTORIC PRESERVATION FUNDING FOR ENVIRONMENTAL MONITORING, WINDOWS, CHIMNEYS AND ROOFING Lynn Clements Department Director Virginia Aquarium & Marine Science Center Request: The Virginia Beach Historic Houses are asking the General Assembly for $250,000 to make needed repairs and preservation improvements to the Adam Thoroughgood House and the Lynnhaven House. The funding will provide for implementation of a twelve month environmental monitoring program at the Lynnhaven House including an analysis/diagnostic report from a professional firm; replacement of the cedar roof at Lynnhaven House; repairs and re-pointing, both exterior and interior, of two massive chimneys at both houses to eliminate water infiltration during rain storms and falling brick and mortar; and, repair/replacement to the lead came casement windows and installation of unobtrusive interior storm windows with ultra violet light filtration. Implementation of these preservation repairs will assist the City of Virginia Beach in meeting the maintenance needs of these two significant historic houses. August 14, 2007 - 21 - C IT Y MANA G E R 'S B R IE FIN G 2008 COMMUNITY LEGISLA TIVE AGENDA ITEM # 56668 (Continued) 7. VIRGINIA AQUARIUM & MARINE SCIENCE CENTER - OCEAN IN MOTION AQUARIUM TRUCK Lynn Clements Department Director Virginia Aquarium & Marine Science Center Request: The Virginia Aquarium is asking the General Assembly for $900,000 to purchase a replacement Ocean in Motion vehicle outfitted with state-of-the art aquariums; upgrade the vehicle's onsite "docking" facilities; expand the holding systems for marine species used in outreach; and support the staffing critical to the success of the program. Mileage and salt water have started to take their toll on the existing vehicle, which will need to be replaced within two years. We will add a large "truck port" to protect the vehicle from the elements and provide shelter for staff doing weekly maintenance. We plan to increase the number of animals carried aboard the truck and will need additional holding space for them in the upcoming Marine Animal Care facility. Finally, the success of the program hinges on having qualified staff to coordinate with schools, conduct the programs, handle routine vehicle maintenance and provide care to the animals and life support systems. 8. SHERIFF'S WORK RELEASE FACILITY Dave Hansen Chief of Finance & Technology City Manager's Office Request: The total estimated cost for design, site selection and construction of a facility is $6.7-MILLION. While total project costs are subject to change pending the completion of the design work and bid of the project. In 2005-2006, $600,000 in City dollars was allocated to fund preliminary design work and site selection of the facility. State funding for this project was recently eliminated from the State's Biennial budget and the City is requesting that in the interest of public safety the General Assembly fund at least 25% of the total project. This can be an authorization with funding to come as a reimbursement in FY 2010-11. 9. VIRGINIA BEACH CONVENTION CENTER FUNDING James Ricketts Department Director Convention & Visitors Bureau Request: The General Assembly is requested to provide the remainder of the $10-MILLION, beyond what has been appropriated. This is in keeping with the benefits to the Commonwealth based on the amount of state tax revenue that will be generated from the new facility over a ten-year period and the precedent set in funding the Richmond Convention Center. August 14, 2007 - 22- CITY MANA GER 'S BRIEFING 2008 COMMUNITY LEGISLATIVE AGENDA ITEM # 56668 (Continued) 10. SANDLER CENTER FOR THE PERFORMING ARTS Emily Spruill Cultural Arts Coordinator Office of Cultural Affairs Request: The General Assembly is requested to appropriate $300,000 needed for the operations of the Sandler Center for the Performing Arts. 2008 COMMUNITY GROUP ITEMS The following requests were made during the City's outreach process to the Community Groups and came from Civic Leagues and Associations as well as interested individuals from the Community. 1. ADEQUATE PUBLIC FACILITIES Community Groups City of Virginia Beach Background: Adequate public facilities statue is a perennial issue with the General Assembly. Request: Request that there be a requirement that rezoning not be granted until adequate public facilities are in place to support existing and new development or that these infrastructures be provided for by the developer. 2. FUNDING FOR MASS TRANSIT Community Groups City of Virginia Beach Background: Currently 80% of the Transportation Trust Fund goes to roads. 14.7% goes to Mass Transit and the remaining percentage is split among ports and airports. Increasing the amount from 14.7% to 9% that would go to Mass-Transit while holding the other modes, like rail, ports and airports harmless, would cause a like decrease in the amount of money available for road construction. Request: Request to increase the amount of money from the Transportation Trust Fund to the Mass Transit Fund from 14.7% to 19%. August 14,2007 - 23 - CITY MANA GER 'S BRIEFING 2008 COMMUNITY LEGISLATIVE AGENDA ITEM # 56668 (Continued) 3. PUBLIC MEETING NOTICE & PARTICIPATION Community Groups City of Virginia Beach Background: Public Meetings are being called and held at times and places that prevent those who work and have other obligations during the day from attending and likewise public meetings have been held at the state and local level where public is invited but has no avenue to address the board, commission or legislative body on the issue. There is need for more public input on the process. Request: Hold meetings requesting public input at times after 7:00 p.m. on weeknights and at central locations, i.e., those with public transportation access. Furthermore, a standard format should be developed for the public's ability to comment. 4. PEDESTRIAN SAFETY Community Groups City of Virginia Beach Background: In 2003, there were 118 pedestrian deaths in Virginia and many ofthese, as well as the thousands of injury accidents, have taken place in pedestrian crosswalks. Request: To enact the legislation that has been proposed for many years to require vehicle operators to stop for pedestrians at crosswalks, crossing with the traffic or walk signal. 5. MOTORIZED VEHICLE USE BY MINORS Community Groups City of Virginia Beach Background: Sales of motorized vehicles including motorized skateboards and mini bikes have increased in recent years. Many of the persons targeted for purchasing these vehicles are minors under 10 years of age. These underage drivers have no training or understanding of traffic laws oR consequences of operating these vehicles. August J 4, 2007 - 24- C IT Y MANA G E R 'S B R IE FIN G 2008 COMMUNITY LEGISLATIVE AGENDA ITEM # 56668 (Continued) Request: Remove loopholes from laws involving the use of motorized vehicles on streets and roadways by minors. Restrict sales of such vehicles to licensed outlets that comply with standards for vehicle sales. Such vehicles should only be sold to adults and disclosure statements should be signed off by the adult acknowledging responsibility to restrict the use of such vehicles to off-road environments. 6. ENFORCEMENT OF ENVIRONMENT AL LAWS Community Groups City of Virginia Beach Background: Violations of State and local laws on illegal dumping, littering and the Chesapeake Bay Preservation Act are not being prosecuted; and, as a result, perpetrators of such crimes are faced with little to no sanctions for their crimes. Cost of remediation and cleanup of communities are being warned by the municipality and laws against littering and illegal dumping and non- permitted destruction of wetlands are ramped. Request: Provide legislation and judicial support for enforcement and persecution of violators with the goal being to correct behavior and have violators pay to remediate areas damaged and destroyed by their acts. 7. EQUALIZATION OF PENALTIES FOR DRIVING Community Groups City of Virginia Beach Background: This is related to the enhanced civil penalties portion of the HB 3202 passed by the General Assembly. Request: Amend the law to provide equity to in-state versus out-of-state violators or eliminate the penalties for Virginia residents. This is currently under court review. August 14, 2007 - 25 - C IT Y MANA G E R 'S B R IE FIN G 2008 COMMUNITY LEGISLATIVE AGENDA ITEM # 56668 (Continued) 8. PUBLIC DISCLOSURE OF HALF-W A Y OR TRANSITIONAL HOUSING Community Groups City of Virginia Beach Background: Over the past few years, there have been incidents involving opportunities for additional housing communities. The public is not aware of contractor operated facilities providing services in the City, which are located in their neighborhoods. These are primarily mental retardation and mental health group homes that are being opened and operated without knowledge of the neighborhood home owner's association, et cetera Request: Direct that State Departments providing funding for programs and engaging in dialogue to include the public and all interested agencies to provide input and publicity on such housing. Legislation should include all agencies and non-profits that provide services under contracts whether federal, state or local law enforcement, mental health and mental retardation departments. 9. BAYS IDE RECREATION CENTER Community Groups City of Virginia Beach Background: There is a request for the City to lease the former Farmer Jack Grocery in the Bayside area and to provide an interim Community Recreation Center until a permanent Bayside Recreation Center can be constructed. Request: Members of the House Appropriations Committee representing Norfolk and Virginia Beach have suggested that the City could request reimbursement for the expenses to convert the former grocery into an interim recreation center. 10. WETLANDS BOARD Community Groups City of Virginia Beach Background: There is lack of funding from the Virginia Institute of Marine Science for them to provide technical support to the Wetlands Board across the State. Request: Provide more funding to VIMS so that they can provide the required technical support to the Wetlands Boards and other local agencies. August 14, 2007 - 26- CITY COUNCIL LIAISON REPORTS 3:22 P.M. ITEM # 56669 Mayor Oberndorf requested the City Clerk provide a listing of the City Council Liaisons for review, as status reports were not being received. Relative the Advertising Advisory Committee, represented by Council Members John E. Uhrin and Ron A, Villanueva, Councilman Villanueva advised the Committee meets once a month. The reporting is encompassed in the Annual Report indicating funds expended for advertising. Their information is also contained within the Minutes of the Resort Advisory Commission. (RAC) Mayor Oberndorfrequested a one page report be submitted to City Council periodically. Vice Mayor Louis R. Jones and Council Lady McClanan, Liaisons to the Certificates of Public Need, advised regular meetings had not been conducted and they were not aware a standardized meeting was to be conducted. However, Vice Mayor Jones has met with Sentara representatives and had to reschedule a meeting with the Bon Secours representatives. Vice Mayor Jones advised concern was expressed during the City Council Meeting of July 17, 2007, relative appointments to the Community Medical Advisory Commission re involvement in Bon Secours and Sentara 's requests for Certificates of Need in Virginia Beach. Council Lady Wilson suggested the City Council review the City Council Liaison list and determine if they need to provide a report on their particular Committee, If so, they should provide the information during the City Council Session of August 21, 2007, ITEM # 56670 Councilman DeSteph, Liaison - Southeastern Public Service Authority (SPSA), advised the members are currently reviewing implementing flow control. Catheryn Whitesell, Director - Management Services and John E. Barnes, Public Utilities - Engineering, will provide information re costs, Councilman DeSteph views this concept as a transfer of fees to businesses. This would heavily affect entities utilizing private trash haulers. Councilman DeSteph will advise his recommendation when all information has been provided. August 14, 2007 - 27- CITY COUNCIL COMMENTS 3:28 P.M. ITEM # 56671 Mayor Oberndorf referenced cutting the ribbon for Avalon Bay, a Customer Care Center, 2901 Sabre Drive. This service industry coupled with real estate is extremely technologically advanced. This facility will employ one hundred thirteen (113), with a minimal annual salary of $41,000. Through a joint effort of Hampton Roads Economic Development Alliance and the Virginia Beach Economic Development, this facility chose to locate in Virginia Beach after searching for a site throughout the United States, Avalon Bay was impressed with the standards of education, beautiful neighborhoods, the recreational facilities and the impressive work force they found in Virginia Beach. ITEM # 56672 Concerning scheduling of City Council's Retreat, the City Clerk advised March 10 and 17, 2008 (one day Mid-Year Retreats) are "on hold" for City Council's decision. Calendars are reserved re 2008 for the third and fourth weeks of August, i.e. August 15 and 16, as well as August 22 and 23rd. By Consensus, the City Council Goal Setting Workshop (Retreat) will be confirmedfor 2007 and 2008. Mayor Oberndorf advised the last week in September is the Neptune Festival, ITEM # 56673 Councilman Villanueva expressed appreciation to the City Attorney who requested the Alcoholic Beverage Control Board (ABC) rescind the adverse and unfair conditions placed on an applicant at the Oceanfront. August 14, 2007 - 28 - AGE N DA REV IE W S E S ION 3:40 P.M. ITEM # 56674 K.3. Ordinance to AUTHORIZE acquisition of 7. 317 acres of land at the northeast corner of the intersection of Great Neck Road and Wolftnare Roadfor $300,000 from GOPA SIX L.L.c. re the Open Space program. A majority of the property is water, marsh and wetlands and, therefore, unbuildable, However, the owner has obtained a variance from the Chesapeake Bay Preservation Board allowing the construction of one residential unit on the corner of Great Neck Road and Wolftnare Road City staff believes construction of a home on the property with a curb cut on Great Neck Road would be unnecessarily dangerous and recommends acquisition of the property for preservation as open space. The Open Space Subcommittee has endorsed this acquisition. Council Members Diezel, Dyer, McClanan and Wood will vote NAY. ITEM # 56675 BY CONSENSUS, the following shall compose the CONSENT AGENDA K. RESOLUTIONS/ORDINANCES 1. Resolution A CCEPTING the Articles of Incorporation of the Hampton Roads H20 (Help to Others) Program as a 501 (c)(3) nonprofit corporation and APPOINT Thomas M Leahy, III, as a Director. 4. Ordinance to AUTHORIZE a refund of$40, 000 to the Christian Broadcasting Network, Inc. (CBN) for a payment erroneously made to the City re a right-of- way vacation. 5. Ordinance to APPROPRIATE $1,450,000 from the Risk Management Internal Service Fund to pay SPSA for non-recoverable improvement costs and A UTHORIZE the City Manager to execute all necessary agreements for closure of the SPSA composting operation at the Virginia Beach landfill, August 14, 2007 - 29- AGENDA RE VIE W SESSION ITEM # 56676 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA L. PLANNING 1, Application of JOSEPH and FAYE MATYIKO for the expansion of a Nonconforming Use at 3257 Shady Pines Lane to construct an addition to an existing duplex. DISTRICT 7 - PRINCESS ANNE. 2, Application of BARNETT K. THOUROGOOD for the expansion of a Nonconforming Use at 121 Butts Lane to make needed improvements to an existing structure and adding two storage units. DISTRICT 6 - BEACH 4. Application of BELIEVER'S HOUSE WORLD WIDE MINISTRIES for a Conditional Use Permit re a church and child care education center (private school) at 544 Newtown Road, Suite 136. DISTRICT 2 - KEMPSVILLE 5. Application of CHECKERED FLAG MOTOR CAR COMPANY for a Conditional Use Permit re motor vehicle sales, rentals and service at 5193 Virginia Beach Boulevard (referred back to the Planning Commission on April 24, 2007). DISTRICT 2 - KEMPSVILLE 6. Application of HENR Y C. SCOTT for a Conditional Use Permit re a recreationalfaGility of an outdoor nature (skateboard ramp) at 2425 Melstone Court DISTRICT 7 - PRINCESS ANNE 7. Application of RICHARD F. ROBERTSON for a Change of Zoning District Classification from B-2 Community Business District to R-20 Residential District at 5536 and 5544 Parliament Drive to make the zoning of the properties consistent with the existing residential use. DISTRICT 2 - KEMPSVILLE 8. Application of JOANNE S. FERRELL and EDITH JOHANNA SMITH for a Change of Zoning District Classification from R-5D Residential District to Conditional B-2 Community Business District at 213 and 217 Louisa Avenue to enlarge the existing B-2 zoning to combine the rear portions of the property with the adjacent parcel to the west fronting on First Colonial Road. DISTRICT 6 - BEACH August 14, 2007 - 30 - AGE N DA REV IE W S E S S ION ITEM # 56676 (Continued) 9. Application of AGC ACQUISITION, L.L.C.for a Change of Zoning District Classification from AG-2 Agricultural District to Conditional B-4 Mixed Use District at 1291 Nimmo Parkway to develop a strip retail center and multi- family dwellings (indefinitely deferred by City Council on July 10, 2007). DISTRICT 7 - PRINCESS ANNE 10. Application of SOUTH HAMPTON ROADS HABITAT FOR HUMANITY, INC. for a ChanJ!e ofZoninJ! District Classification from R-7.5 Residential District to Conditional A-12 Apartment District on the east side of Zurich Arch south of 1-264 re the construction of a ten (10) unit residential condominium. DISTRICT 3 - ROSE HALL 11. Application of PRINCESS ANNE COUNTRY CLUB, INC. for a Modification of Conditions placed upon a change in a Nonconforming Use (approved by City Council on March 12, 1991) at 3800 Pacific Avenuefor a request to allow three of the outdoor tennis courts to be enclosed with an air-supported structure on a seasonal basis December 1 through March 31. DISTRICT 6 - BEACH 12, An Ordinance to AMEND Section 200 of the City Zoning Ordinance (CZO) by establishing minimum setbacks from certain bodies of water for single family and duplex dwellings. Item L. I (MATYIKO) will be DEFERRED, BY CONSENT, until the City Council Session of August 28, 2007 Item L.8 (FERRELL/SMITH) will be DEFERRED, BY CONSENT, until the City Council Session of September I I, 2007 Item L.9 (AGC ACQUISITION) will be DEFERRED INDEFINITELY, BY CONSENT Item L.10 (SOUTH HAMPTON ROADS HABITAT FOR HUMANITY, INC.) will be DEFERRED INDEFINITELY, BY CONSENT Council Lady Wilson DISCLOSED re Item I I (PRINCESS ANNE COUNTRY CLUB, INC.), she and her husband are Members of the Princess Anne Country Club. However, the City Attorney, has advised she may participate in the discussion and vote. August 14,2007 - 31 - ITEM # 56677 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2,1-3711 (A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration 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)(1) Council Appointments: Boards, Commissions, Committees, Authorities and Agencies Performance of Council Appointees 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: Former Near-Post Property APZ-1 Properties Right-of Way at London Bridge Crossing 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), Indigo Dunes Upon motion by Councilman Wood, seconded by Vice Mayor Jones, City Council voted to proceed into CLOSED SESSION (4:05 P.M.). August 14, 2007 - 32 - ITEM # 56677 (Continued) Voting: 9-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin and Ron A. Villanueva (Break: 4:08 P.M. - 4:20 P.M.) (Closed Session: 4:20 P.M. -5:40 P.M.) (Dinner: 5:40 P.M. - 5:55 P.M.) August 14,2007 - 33 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL August 14, 2007 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, August 14, 2007, a 6:00 P.M Council Members Present: William R, "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: John E. Uhrin [Out of City re Economic Development} INVOCATION: Dr. Michael "Ron" Sorrell Ordained Elder - Grace Covenant Presbyterian Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial") purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial, and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 1 0, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure, Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. August 14,2007 - 34 - 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. August 14, 2007 - 35 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 56678 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, 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, Mayor Meyera E. Oberndorf Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin August 14, 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 #56677, Page 31, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 22-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law, NOJiY, 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. ~.J R Hodges Fraser, MMC City Clerk August 14,2007 - 36 - Item V-F.1. MINUTES ITEM # 56679 Upon motion by Vice Mayor Jones, seconded by Councilman DeSteph, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of July 17,2007. 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 *, Mayor Meyera E. Oberndorf, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin *Council Lady McClanan ABSTAINED on the portion of the Minutes related to the STRATEGIC GROWTH AREAS TOUR, Areas 3 and 4 - Newtown Road and Pembroke, at 1:00 P.M, and the City Manager's Briefing re "SHAPING OUR COMMUNITY", in the Economic Development Conference Room, Town Center, on Tuesday, July 17, 2007, at 2:07 P,M She was unable to attend August 14, 2007 - 37 - Item V-G 1. ADOPT AGENDA FOR FORMAL SESSION ITEM 56680 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION August 14, 2007 - 38 - Item V-G 2. MAYOR'S STATEMENT INDIGO DUNES ITEM 56681 Mayor Oberndorf read a statement on behalf of the City Council of Virginia Beach. After careful consideration, the City Council directed the City Attorney to appeal the decision of the Virginia Marine Resources Commission to the Circuit Court on the Indigo Dunes project. Mayor Oberndorf further advised the City Council had received all of the e-mails forwarded and has a complete file of this correspondence. No e-mails have been deleted. Mayor Oberndorf will be answering each of e-mails on behalf of herself and the City Council, August 14, 2007 - 39- Item V-H.I MAYOR'S PRESENTATION ITEM 56682 Mayor Oberndorf recognized the following Boy Scouts in attendance to fulfill requirements for their Communications badges. Troop 473 Courthouse Community Homeowners Association Jerry Benbrook Scout Master John Edmondson Assistant Scout Master Mayor Oberndorf presented the Scouts with City Seal pins August 14, 2007 - 40- Item V-H.2 MAYOR'S PRESENTATION ITEM 56683 Mayor Oberndorf introduced John Malbon, previous King Neptune XXXIII, and Chairman of the Board of Directors - Virginia Beach Events Unlimited. Mr. Malbon requested Tony Nero. 2007 Chair - Virginia Beach Neptune Festival, share the highlights and introduce the Royal Court, Mr. Nero believes this year, the fund raising record would be broken. The Neptune Statue will become an icon of Virginia Beach. Mr. Nerro s PRESENTED King Neptune XXXIV and his Court: 2007 ROYAL COURT KING NEPTUNE XXXIV David Lemoine Bernd (accompanied by Lady Helen) PRINCESSES Bailey Brunick Katelyn DeFord Victoria H u Auriel Johnson Anna Mandaleris Angela Nelson Elizabeth Napolitano Lauren Papineau Brittany Smith TRITONS Eric Apperson President - Armada Hofjler Construction Company Michael Benedetto Persident/Owner, TFC Recycling Dr. Gregg Eure Urology of Virginia (unable to attend) John Edward Little President - Amerigroup Relations Fred Napolitano, II Senior Vice President - Napolitano Homes David Rippy Partner in Charge, Virginia Beach Office - Goodman and Company August 14, 2007 - 41 - Item V-H.2 MAYOR'S PRESENTATION ITEM 56683 (Continued) Triton Mike Trainor Exeuctie Vice President - Compass Technology Council John Uhrin Director of Operations - Burlage Management (Out of City re economic development) King Neptune expressed appreciation to the City and presented the Mayor and City Council with the symbolic Neptune coin, August 14, 2007 - 42- Item V-L 1. PUBLIC COMMENT ITEM 56684 HEALTH CARE BENEFIT EXECUTIVE COMMITTEE RECOMMENDATIONS FOR PLAN YEAR 2008 Mayor Oberndorfread her statement into the record: "Before I call for the public hearing on health care benefits, I would like to provide some background information. Tonight's Public Hearing concerns health care benefits for calendar year 2008. Every year, annual adjustments are made to health care benefits the City provides to employees and retirees. Last October, Councilmember DeSteph introduced a resolution that established an Employee Benefits Review Task Force. The Task Force serves in an advisory capacity to City Council, and it includes a public safety employee, a second City employee, two (2) Council Members, three (3) subject matter experts, and three (3) business professionals. The Task Force began its work by focusing solely on employee benefits, but in January, City Council expanded the Task Force's duties to include an evaluation of benefits provided to current and future retirees. The Task Force has provided City Council with recommended adjustments to the calendar year 2008 health care benefits, and the City Manager's Health Care Benefit Executive Committee has prepared an alternative set of recommendations for year 2008 benefits. City Council has not proposed or voted on any changes to the City's Health Care Benefits. City Council has made it clear that we want to hear from you-the City's employees and citizens- before any changes are made to employee and retiree health care benefits. Tonight's Hearing focuses solely on proposed changes to the calendar year 2008 Health Care Benefits provided to employees and retirees. " August 14, 2007 - 43 - Item V-I. 1. PUBLIC COMMENT ITEM 56684 (Continued) HEALTH CARE BENEFIT EXECUTIVE COMMITTEE RECOMMENDATIONS FOR PLAN YEAR 2008 Mayor Oberndorf introduced the City Manager to summarize the Health Care Recommendations for 2008 Timeline of Actions . Finalize Plan Year 2008 in Augustfor Open Enrollment this Fall . Evaluate audited Self-Insurance Reserve on June 30, 2007 - Available November 2007 . Conduct a new GASB 45 Valuation this Fall . Provide City Council and School Board with options for Plan Year 2009 and beyond by the end of December . Include funding requirements in the FY 2009 budget process in February for decision in May 2008 . Provide opportunity for employee, retiree and public input . Develop GASB 45 Liability Funding policy and funding vehicle option in Spring 2008 . Report GASB 45 Annual Required Contribution (ARC) on financial statement for fiscal year ending June 30,2008 Plan Year 2008 Recommendations HMO Plan Design Out of Pocket Max per calendar year Annual Wellness Exam/Pre\enti", Outpatient Surgery Inpatient Diagnostic Imaging Dependent Age $1,600 member /$3.000 famll $20 co a /100% coinsurance $100 copa /100% coinsurance $26000 . /100%colnsurance $160 00 a /100% coinsurance 26 $2,000/$3,600 100% $100190% $260190% $160190"-' 23 Employer Contribution Emplo ee Premium for Singie Subscriber CO\erage 2007 Cunvnt Plan $6,226 $0 2008518" Recommendation $6,400 6%. Financial Impact CitytSchools Savings Employee/Retiree Premium Increase (except single subscriber cO\erage) 10%. .. Recormend Subscriber only payrrent of 5% of prerrium ($2.2M based on 2007 rate) be directed to other tiers to hok:$ prerrium increase to 10% (Ex. Farrily COverage) August 14, 2007 - 44- Item V-I 1. PUBLIC COMMENT ITEM 56684 (Continued) Mayor Oberndorf INVITED Public Comment: The following registered to speak expressing concerns re the Plan Year 2008 Recommendations: Rebecca Lear, Public Works employee, 812 Ringfield Road, Phone: 721-2063, requested careful consideration of the substantial impact of this Health Care Plan on the City's workforce. Karl Smithson, 34 'h-year employee with Public Works, 2269 Sandy Woods Lane, Phone: 427-2534 Bill Smith, City employee for thirty-one (31) years, 9055 Berkley Court, Chesapeake, Phone: 546-8648 Dena Cottle, City employee, 3612 Starlighter Drive, 23452, Phone: 498-9587 Joe Scott, 27-year City employee, 1941 Lewisham Way, Phone: 323-1932 Arlene Hamilton, employee of Social Services since 1978,4804 Algonac Avenue, 23455, Phone: 437-3330 Easter Grizzel, Employee of Community Employment Options re people with disabilities, 301 Gambrill Court, 23462, Phone: 692-4098 Norbert Kuhn, Engineer - Department of Public Works, 16-year employee, 3128 Quimby Road, Phone: 385-4591, distributed a spreadsheet entitled: City of Virginia Beach and Virginia Beach Public Schools, Projected 2008 Costs: Select HMO - Optima Health. Said information is hereby made a part of the record. Marc Neuhoff, representing Permits, Inspection and Planning Department, 1306 Dark Star Run, 23454, Phone: 650-6414. Mr, Neuhofff distributed a spreadsheet entitled: Regional Health Care Plans and Cost, Which is hereby made a part of the record. Virginia Beach pad the lowest per capita rate to the employees. Ellen Jones, 12-year employee of the Department of Human Services - Beach House, 3143 Magic Hollow Boulevard, Suite 100, Phone: 385-6930, Ms. Jones distributed a request signed by several City employees requesting the City to look into alternative ways to increase revenue without cutting the benefits of employees. Khaleelah Ishmael, resident and 5-year City employee, 3143 Magic Hollow Boulevard, Suite 100, Phone: 385-6930 David Squires, Sergeant in Police Department, 4825 Lookout Road, Phone: 373-2047 David Jarman, Project Manager - Public Worksfor over three (3) years, 446 Slate Street, Chesapeake, Phone: 385-4144 Nancy Monteith, City Employee, Department of Human Services - Mental Retardation (approximately fifteen (15) years, , Pembroke 6, Suite 208, Phone: 437-6099 Joe Natoli, 4-year City Employee, 1120 Redmill Boulevard, 23454, Phone: 430-3141. Mr. Natoli advised his daughter needs a double lung transplant and is on the listfor donors at the University of Virginia. The surgery is $1.5-MILLION Mr. Natoli expressed concern re his paying 10% of this cost. August 14,2007 - 45 - Item V-I 1. PUBLIC COMMENT ITEM 56684 (Continued) HEALTH CARE BENEFIT EXECUTIVE COMMITTEE RECOMMENDATIONS FOR PLAN YEAR 2008 Charles Condon, President of Police Supervisors Association and 31-year employee, 1965 Country Manor Lane, 23456, Phone: 427-2301 Howard Carr, retired City employee (Police Department, 1160 Eagle way, 23456, Phone: 233-8117 Dreda McCreary, Public Works - Mosquito Control Biologist, 804 Lord Leighton Court, 23454, Phone: 496-8019 William Bailey, employee of the Fire Department, 4841 Rosecroft Street, 23464, Phone: 495-0637. Mr. Bailey requested the City honor its commitment and protect the employee. Iva Nash, representing Virginia Beach Education Association, 540 Cedar Lane, 23452, Phone: 486-3146, VBEA cannot support the health care changes, Kenneth Pravetz, President -Virginia Beach Professional Firefighters, 4305 Shrew Trail, Phone: 416-1120, requested the City Council oppose the staffrecommendations Al Henley, retired City employee of 38 Y2 years, 3112 Colechester Road, 23456, Phone: 426-6991, August 14, 2007 7)-HS As you know the City is planning to cut medical benefits and put more of the cost back on the employees of Virginia Beach. This may be the first of many changes set to occur over the next months that could affect us both economically and in other ways. If you disagree with this plan, we are asking that you sign this letter so that we may present it to the City Council. We are asking the City to look into alternative ways to increase revenue without cutting the benefits of employees who are the backbone of the programs that the City runs. ~~/(~ ~ LJ, - 46- Item V.K. RESOLUTION/ORDINANCES ITEM #56685 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson. City Council APPROVED IN ONE MOTION Resolution/Ordinances 1, 4, and 5 of the CONSENT AGENDA Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R, Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin August 14, 2007 - 47- Item v.K.1. RESOLUTION/ORDINANCES ITEM #56686 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution ACCEPTING the Articles of Incorporation of the Hampton Roads H20 (Help to Others) Program as a 501 (c)(3) nonprofit corporation and APPOINT Thomas M Leahy, III, as a Director Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin August 14, 2007 1 A RESOLUTION APPROVING THE ARTICLES OF 2 INCORPORATION OF THE HAMPTON ROADS H20 3 (HELP TO OTHERS) PROGRAM AS A 501 (c) (3) 4 NONPROFIT CORPORATION AND APPOINTING 5 THOMAS M. LEAHY, III A DIRECTOR THEREOF 6 7 8 WHEREAS, the Hampton Roads H20 (Help to Others) Program (the "Program") 9 was established as a pilot program through the Hampton Roads Planning District 10 Commission in 1997; and 11 12 WHEREAS, the City of Virginia Beach has participated in the Program since its 13 inception; and 14 15 WHEREAS, the Program provides financial assistance to families in danger of 16 losing water or sewer service due to an inability to pay their bill because of a family 17 crisis, such as a death, illness or loss of employment; and 18 19 WHEREAS, funding to support the financial assistance furnished through the 20 Program is provided by voluntary donations from citizens throughout the Hampton 21 Roads Region; and 22 23 WHEREAS, it is likely that donations to the Program would increase if the 24 donations were tax deductible, allowing for increased assistance to Hampton Roads 25 residents; and 26 27 WHEREAS, donations to the program are used entirely to provide assistance to 28 residents and are not used for program administration; and 29 30 WHEREAS, all program administration costs are borne by the participating local 31 government utilities, Hampton Roads Sanitation District and social services providers; 32 and 33 34 WHEREAS, incorporation of the Program as a 501 (c)(3) nonprofit corporation is 35 necessary to ensure that donations to the program are tax deductible; and 36 37 WHEREAS, the Hampton Roads Planning District Commission ("HRPDC") has 38 accepted the recommendation of its Directors of Utilities Committee to incorporate the 39 Program as a 501 (c)(3) nonprofit corporation 40 41 WHEREAS, the City Council commends the efforts of the Program and desires 42 that it continue to provide the valuable service it offers; and 43 44 WHEREAS, each member of the proposed nonprofit corporation is entitled to 45 appoint one director to the Board of Directors; 46 47 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 48 OF VIRGINIA BEACH, VIRGINIA 49 50 That the City of Virginia Beach hereby approves the proposed Articles of 51 Incorporation of the Hampton Roads H20 (Help to Others) Program as a 501 (c) (3) 52 nonprofit corporation. A summary of such Articles is attached hereto and a copy is on 53 file in the City Clerk's Office. 54 55 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF 56 VIRGINIA BEACH, VIRGINIA, and 57 58 That Thomas M. Leahy, III is hereby appointed a director of the Program, 59 60 Adopted by the City Council of the City of Virginia Beach on the 14th day 61 of .lmgm::t ,2007, j/Y}~ J1C-, APPROVED AS TO LEGAL SUFFICIENCY: Mk-tt( ~{ tJa~~) City Attorney's Office APPROVED AS TO CONTENT: CA 10463 R-1 July 26, 2007 2 Hampton Roads H20 (Help to Others) Program Articles of Incorporation Summary of Material Terms Background: Hampton Roads H20 (Help to Others) desires to incorporate as a nonprofit 501 (c) (3) corporation in order to allow contributions to be tax deductible. Members: Members consist of Hampton Roads Sanitation District and sixteen (16) localities in Hampton Roads, including all South Hampton Roads localities. Purposes and Powers: 501 (3) (3) nonprofit corporation organized exclusively for charitable, educational, literary and scientific purposes. Subject to limitations on activities of 501 (c) (3) corporations see "Limitation on Powers" below), the Corporation has the power to conduct all lawful affairs not required to be stated specifically in the Articles of Incorporation. Directors: Total of seventeen (17) directors (one director to be appointed by each member), unless number of directors is changed in by-laws. Directors seNe 5-year terms and may seNe successive terms without limitation. Members' Powers: Except for appointing directors, members may not vote on any matter. Limitation on Powers: Organized exclusively for charitable, educational, purposes. literary and scientific None of net earnings are payable to directors, officers or other private persons, except that it may pay reasonable compensation for seNices rendered. No substantial part of corporation's activities may include lobbying, except to the extent permitted for 5-1 (c) (3) corporations by Internal Revenue Code, participating in political campaigns or any other activity not permitted to be carried on by any corporation exempt from federal income tax under Section 501 (c) (3) of Internal Revenue Code. Dissolution: If corporation is dissolved, assets to be distributed to such other 501 (3) (3) corporation as Board of Directors may determine. 2 H20 PROGRAM SUMMARY Program History 1999: HRPDC Approves establishment of Program, which is joined by fourteen cities and counties, two towns and HRSD. 1999-2005: Program active with semiannual fundraising campaigns Total funds disbursed - $205,000; Families aided - 1,400 H20 Program Purpose To provide one time per year financial aid to families or individuals in danger of losing residential water service due to a non-payment of a water bill due to a family crisis. The delinquent water bill can be from HRSD and/or local public utilities. Utility Eligibility The water utility must agree to: . Pool all donations into one regional fund that is allocated based on an approved formula, . Participate in a regionally coordinated fundraising program. Individual/Family Eligibility . Eligible once per year. . Live in service area of a participating utility. . Must be in danger of losing residential water service, . Must demonstrate personal or family crisis. . Must be willing to participate in an educational program. . Must provide partial payment of bill if financially able. Donations . Regional fund raising effort occurs twice a year. (Ending February 10th and August 10th) . Donations are solicited through water bill advertisements. . 100% of donations are applied to program. . At present, the program is not tax exempt. Administration . Cooperative effort among the water utilities, HRSD, and social service providers. The water utilities are responsible for identifying the social service provider. . HRPDC is the coordinating agency, . Administrative costs are paid for by the water utilities, HRSD and HRPDC. . Social service providers determine the individual's/family's eligibility. . A voucher is sent by the social service provider to the water utility and HRSD. . HRSD distributes funds from the regional pool to HRSD and the water utility based on the voucher. Regional Advisory Committee . The Committee is comprised of representatives from across the Hampton Roads region, who were appointed by the HRPDC Chairman based on local nominations, . The purpose is to evaluate the program and to make recommendations as appropriate, . Met at least biannually from 1999-2005. - 48 - Item V.K.2. RESOLUTION/ORDINANCES ITEM #56687 Linda Filippi, Executive Director - Tidewater Regional Group Home Commission, 2404 Airline Boulevard, Portsmouth, Phone: 483-1256, spoke in SUPPORT Said statement is hereby made a part of the record. Bruce Bright, Court Services Unit, Phone: 385-4361, spoke in SUPPORT Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED a MONTH TO MONTH LEASE, NOT TO EXCEED SIX (6) MONTHS, AND TIDEWATER REGIONAL GROUP HOME COMMISSION SHALL ESTABLISH DIALOGUE WITH THE CITY STAFF FOR RELOCATION: Ordinance to AUTHORIZE cxccutien ef a ene yeffl" lease a month to month lease, not to exceed six (6) months, with Tidewater Regional Group Home Commission (TRGHC) of City-owned land at 2293 Lynnhaven Parkway DISTRICT 1 - CENTERVILLE Voting: 9-1 Council Members Voting Aye: William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R, Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Harry E. Diezel Council Members Absent: John E. Uhrin August 14, 2007 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER 2 TO EXECUTE A LEASE FOR SIX MONTHS WITH 3 TIDEWATER REGIONAL GROUP HOME 4 COMMISSION, FOR 4,080 SQUARE FEET OF CITY- 5 OWNED LAND LOCATED AT 2293 L YNNHA VEN 6 PARKWAY IN THE CITY OF VIRGINIA BEACH 7 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain 10 parcel of land located at 2293 Lynnhaven Parkway in the City of Virginia Beach (the 11 "Property"). The City desires to lease 4,080 square feet of the Property as set forth 12 on Exhibits A and B (the "Premises"); 13 14 WHEREAS, Tidewater Regional Group Home Commission, a public body 15 corporate established pursuant to Virginia Code 916.1-315, et seq., ("TRGHC") has 16 agreed to lease the Premises from the City for six months with a lease payment of 17 One Dollar ($1.00). 18 19 WHEREAS, TRGHC has leased the Premises from the City for approximately 20 30 years; 21 22 WHEREAS, the Premises will be utilized as a transitional living program 23 house providing residential housing for juvenile offenders and for no other purpose. 24 25 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 That the City Manager is hereby authorized to execute a lease for the term of 29 six months, between Tidewater Regional Group Home Commission, a public body 30 corporate established pursuant to Virginia Code 916.1-315, et seq., ("TRGHC") and 31 the City, for the Premises in accordance with the Summary of Terms attached hereto 32 and such other terms, conditions or modifications as may be satisfactory to the City 33 Manager and the City Attorney. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia on the 14th 36 day of 2!.llgll~t ,2007 CA10314 v :\applications\citylawprod\cycom32\Wpdocs\D027\P002\OOO36111 ,DOC R-1 June 28, 2007 APPROVED AS TO SUFFICIENCY A FO APPROVED AS TO CONTENT City Attorney Si~bJiJ 1 iJ I~ >,/ ~- ;'1", 5 ;t1 &-1 Department SUMMARY OF TERMS LEASE FOR THE USE OF 4,080 SQUARE FEET OF CITY REAL PROPERTY LESSOR: City of Virginia Beach LESSEE: Tidewater Regional Group Home Commission PREMISES: Approximately 4,080 square feet of City property located at 2293 Lynnhaven Parkway in the City of Virginia Beach TERM: July 1, 2007 through December 31, 2007 RENT: Rent shall be one dollar ($1.00). RIGHTS AND RESPONSffiILITIES OF TIDEWATER REGIONAL GROUP HOME COMMISSION: . Will use the Premises for a transitionalliving program providing residential housing for juvenile offenders and for no other purposes. . Will comply with all terms, conditions and reporting requirements regarding the behavior of the residents set forth in the Lease and Memoranda of Understanding between TRGHC and the City, attached as Exhibit 1, and TRGHC and the City of Virginia Beach Police Department, attached as Exhibit 2. . Will keep, repair, and maintain the Premises at its expense and will do so in a workmanlike manner. . Will maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Such insurance shall name the City of Virginia Beach as an additional insured. Lessee shall provide a certificate evidencing the existence of such insurance. . Will assume the entire responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. . Will comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease, including Virginia Beach Code Section 23-59. RIGHTS AND RESPONSffiILITIES OF THE CITY: . Will have access to the Premises at any time, without prior notice, in the event of an emergency. . Will have the right to require Tidewater Regional Group Home Commission to surrender possession and control of the Premises to the City upon forty-eight (48) hours notice in the discharge of its powers, purposes, or responsibilities. . Will have the right to grant easements and rights of way across, in, under and through the Premises for streets, alleys, public highways, drainage, and other similar purposes. TERMINATION: The City may terminate the Lease anytime prior to December 31, 2007 upon providing thirty (30) days written notice to Tidewater Regional Group Home Commission. V :lapplicationslcitylawprodlcycom321 WpdocslD027\P002100036112.DOC EXHIBIT A The Premises are a part of the property identified as GPIN: 1475-35-2438 and generally known as 2293 Lynnhaven Parkway and are more particularly shown as the shaded area on the map on Exhibit B and extend from the access road on the east to the tree line on the west and from the fence on the north to Lynnhaven Parkway on the south. (j o "0 '< - "'"t: o"Q' ~ tv <::> <::> o-l "0 nor 0" ". ;3 sl 5', h; :3 ~ O' ::l !?2.. MEMORANDUM OF UNDERSTANDING Between the City of Virginia Beach and Tidewater Regional Group Home Commission August 1, 2007 The intent of this memorandum is to establish guidelines which will enhance the level of communication between the City of Virginia Beach ("City") and the Tidewater Regional Group Home Commission ("TRGHC"). TRGHC operates residential programs for youth at two City locations: 2293 Lynnhaven Parkway (Transitional Living Program) and 811 13th St. (Crisis Intervention Home). TRGHC will report the following information to the City Manager's Office: 1. Any serious incidents involving active program clients committing crimes against citizens or property and/or any incidents that have the potential for media coverage. 2. Any plans to change the mission of a program, to close a program or to change the target population to be served. 3. Any sanctions by regulatory authorities. 4. Any child protective services reports against staff ofthe facilities. 5. Injury or death of a program resident. 6. Any legal action taken against the program or TRGHC. 7. Any major disputes between TRGHC facilities and the adjoining neighbors or neighborhood associations. 8. Damage to the buildings or property caused by fire, flood, vandalism, natural or man-made disasters. The City will inform TRGHC ofthe following: 1. Potential changes in city property uses that may impact a TRGHC program. 2. Budgetary and/or funding decisions which will change local government's level of support for juvenile justice services. 3. Economic development initiatives which will change the neighborhood environments in which TRGHC operates. The above examples are not intended to be all inclusive but cover major areas needing direct communication. It is agreed that the City's Chief of Staff and the Executive Director ofTRGHC will hold a face to face meeting at least annually to review areas of mutual interest and to address any pending issues. Li~P!~ Executive Director, TRGHC ~ 1!CJ 7 Date ~tulj. NaUhm g -tJ'l-o 1 Date Susan D. Walston Chief of Staff, City of Virginia Beach Memorandum of Understanding between the Virginia Beach Police Department (VBDP) and Transitional Living Program (TLP), a program operated by the Tidewater Regional Group Home Commission (TRGHC) August 1, 2007 This Memorandum of Understanding will provide protocols for communication and collaboration between the Transitional Living Program (TLP) and the Virginia Beach Police Department (VBPD) to maximize community safety. TLP will evaluate their current selection process to ensure enhanced screening of applicants. This will include additional layers of review of applicants by TRGHC Deputy Director and/or Executive Director for referrals involving felony crimes against persons (Le. malicious wounding). Effective March 16, 2006, all new admissions into the TLP will be placed on electronic monitoring using real-time GPS tracking for a minimum of the first 30 days. Release from the monitoring will be contingent on the youth making a satisfactory adjustment with no major program rule violations. Monitoring will include the exclusion of youths from those areas with high crime patterns and gang activity. Residential areas surrounding the Transitional Living Program will also be included in the exclusion zones. Records of the GPS monitoring are available indefinitely for subsequent review should the whereabouts of any of the residents need to be ascertained during monitoring or after it has been discontinued. TLP will continue to use metal detector wands to check for weapons on both the youth and their rooms TLP has increased the use of vehicle transportation for youths going to jobs, school, etc. to reduce foot traffic by program residents in the neighborhood The VBPD will inform TLP of potential problem areas, crime trends, and gang activity around the TLP. TLP will also use iPRO (Electronic Police Reports) to identify potential problem areas. TLP will then restrict youths from these areas. TLP will monitor video surveillance cameras around the TLP and provide logs of activity to VBPD when requested. TLP will notify VBPD of youths who are AWOL or have generated GPS alerts The VBPD 4th Precinct will visit TLP every 2-3 weeks without advance notice to interact with youth and "humanize" the police. Also provides opportunity for PD to become familiar with youths. In addition, an officer of the VBPD 4th Precinct will communicate with the program's administration on a bi-weekly basis for updates on the current population. TLP will notify VBPD, 4th Precinct of all new admission and those who exit from the program A representative from the Transitional Living Program will attend VBPD 4th Precinct CAC meetings to observe and listen to citizen concerns in the Precinct TLP and VBPD will exchange information on any suspicious behavior involving youths within the confines of current privacy legislation. Li~C~xecutive Director c1/~ 7 Date g-'1-07 Date - 49- Item v'K.3. RESOLUTION/ORDINANCES ITEM #56688 William Bailey, 4841 Rosecroft Street, Phone: 495-0637, spoke in OPPOSITION to the Ordinance. . Investing $300,000 on a lot which can accommodate only one (1) home, is not a good investment of tax payers dollars, Upon motion by Councilman Wood, seconded by Vice Mayor Jones, City Council DENIED: Ordinance to AUTHORIZE acquisition of 7,317 acres of land at the northeast corner of the intersection of Great Neck Road and Wolfsnare Roadfor $300,000from GOPA SIX, 1.1.c. re the Open Space program, Voting: 10-0 Council Members Voting Aye: William R, "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin August 14, 2007 - 50 - Item V.K.4. RESOLUTION/ORDINANCES ITEM #56689 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AUTHORIZE a refund of $40,000 to the Christian Broadcasting Network, Inc. (CBN) for a payment erroneously made to the City re a right-oi-way vacation. Voting: 10-0 (By Consent) Council Members Voting Aye: William R, "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin August 14, 2007 1 AN ORDINANCE TO AUTHORIZE A REFUND OF 2 $40,000 TO THE CHRISTIAN BROADCASTING 3 NETWORK, INC. (CBN) FOR A PAYMENT 4 ERRONEOUSLY MADE TO THE CITY 5 6 WHEREAS, on October 26, 1993, the City Council approved a street closure for 7 the Christian Broadcasting Network, Inc, (CBN) for a portion of West Centerville 8 Turnpike; 9 10 WHEREAS, at the time of closure CBN's title information indicated that the 11 underlying fee in the street was owned by the City and CBN paid the City $40,000 for 12 the closed street, which sum was established by appraisal; 13 14 WHEREAS, it was subsequently determined that the Commonwealth of Virginia, 15 not the City, was the owner of the underlying fee, and CBN has negotiated to acquire 16 the property from the Commonwealth; 17 18 WHEREAS, CBN has requested that the City refund the $40,000 which was paid 19 to the City. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 1, That a refund in the amount of $40,000 for the payment erroneously made 25 is hereby authorized and directed to be made to CBN, 26 27 2, That $40,000 is transferred from the General Fund Reserve for 28 Contingencies to the Non-Departmental section of the FY 2006-07 Operating Budget for 29 the purpose of reimbursing CBN for the overpayment. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day 32 of August , 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~!flY- anage ent ervices - CA10416 R-3 July 19, 2007 - 51 - Item V.K.5. RESOLUTION/ORDINANCES ITEM #56690 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, , City Council ADOPTED: Ordinance to APPROPRIATE $1,450,000 from the Risk Management Internal Service Fund to pay SPSA for non-recoverable improvement costs and AUTHORIZE the City Manager to execute all necessary agreements for closure of the SPSA composting operation at the Virginia Beach landfill.. Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin August 14, 2007 1 AN ORDINANCE TO APPROPRIATE $1,450,000 2 FROM THE RISK MANAGEMENT INTERNAL 3 SERVICE FUND AND AUTHORIZE THE CITY 4 MANAGER TO EXECUTE ALL NECESSARY 5 AGREEMENTS FOR CLOSURE OF THE SPSA 6 COMPOSTING OPERATION AT THE VIRGINIA 7 BEACH LANDFILL 8 9 WHEREAS, following a comprehensive analysis, it was determined that the 10 composting facility operated by SPSA at the Virginia Beach landfill is incompatible with 11 the surrounding area and needs to be closed; and 12 13 WHEREAS, the City of Virginia Beach and SPSA have reached tentative 14 agreement on closure of the composting operation, which will require the City to pay 15 SPSA $1,450,000 to offset non-recoverable site improvement costs. 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 1. That $1,450,000 of fund balance from the Risk Management Internal Service 21 Fund is appropriated to pay SPSA for non-recoverable improvement costs. 22 23 2. That the City Manager is hereby authorized to execute on behalf of the City of 24 Virginia Beach all necessary agreements for closure of the SPSA composting operation 25 at the Virginia Beach landfill. 26 27 Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day 28 of Augus t ' 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: JJ OArtJ (1. f1~ Management Services ::e~~ City Attorney's Off CA10474 R-1 August 7, 2007 AGREEMENT THIS AGREEMENT (the "Agreement"), is made this_ day of August, 2007, by and between, the SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA (the "Authority" or "SPSA") and the CITY OF VIRGINIA BEACH, VIRGINIA (the "City"). SPSA and the City are each referred to herein as a "Party" and together as the "Parties", Recitals: A. SPSA operates on a portion of Virginia Beach Landfill No.2 (the "Virginia Beach Landfill") a facility for the processing of yard waste materials delivered to the Virginia Bcach Landfill ("Yard Waste Facility") involving composting, mulching and the sale of compost and mulch to the public, B, The operation of the Yard Waste Facility is provided as a service to SPSA's member communities and commercial customers and affords them an opportunity to recycle a portion of their solid waste at a reduced disposal rate and further benefits such members and customers by extending the capacity of SPSA's landfill located in Suffolk, Virginia, C. The Yard Waste Facility is operated by SPSA on the portion of the Virginia Beach Landfill (the "Yard Waste Site") that is leased to SPSA under the terms of a lease with the City dated November 10,2003 ("Yard Waste Facility Lease") and pursuant to a conditional use permit approved by Virginia Beach City Council at its meeting on January 13,2004 (the "City Approval"). The Yard Waste Site is described with particularity in the Yard Waste Facility Lease and is shown on Exhibit A attached thereto and made a part thereof. D. Certain residents of adjacent residential neighborhoods have demanded that SPSA cease operating the Yard Waste Facility because of odors emanating therefrom and alleged health problems associated with composting operations conducted at the Yard Waste Facility. E. Notwithstanding numerous operational improvements that SPSA has implemented and proposed for the Yard Waste Facility, the City has insisted that SPSA close the Yard Waste Facility. F. SPSA and the City have entered into this Agreement providing for closure oCthe Yard Waste Facility on terms that recognize SPSA's investment, that allow SPSA to relocate its mulching operations to another site at the Virginia Beach Landfill where such operations wcre formerly conducted, that allow SPSA to continue operating its white goods recycling program on City property, and that insure that closure of the Yard Waste Facility and cessation of composting activities occurs as soon as reasonably practicable. Agreement: NOW, THEREFORE, for good and valuable consideration and the mutual promises and covenants contained herein, the receipt and sufficiency of which are acknowledged, thc Authority and the City do hereby agree as follows: 1-756555.5 08/07/2007 1. Payment for SPSA's Investment. The City will pay SPSA the sum of One Million Four Hundred Fifty Thousand Dollars ($1,450,000.00) as compensation for SPSA's investment in the Yard Waste Facility, which sum the City has paid to SPSA upon execution of this Agreement. 2. Wind Down of Yard Waste Facility Operations. SPSA stopped accepting leaves, grass and bagged yard waste at the Yard Waste Site on June 1, 2007 arid will process and sell or otherwise remove all such yard waste no later than December 31, 2007. SPSA' s continued operation at the Yard Waste Site will be conducted in accordance with current practices, subject to the terms of the Yard Waste Facility Lease and the City Approval. SPSA will comply with all existing regulations and best management practices at the Yard Waste Site. SPSA will have no obligation to make any additional improvements to the Yard Waste Site or to upgrade Yard Waste Facility operations. 3. Lease Termination and Facility Closure. The Parties have entered into an agreement of even date herewith that provides for the termination of the Yard Waste Facility Lease (the "Lease Termination Agreement"). Upon termination, the City will accept the Yard Waste Site from SPSA and the City will assume all responsibility for closure of the Yard Waste Site including compliance with DEQ closure requirements and any modifications to the Yard Waste Site required to meet long-term storm water or other issues. Prior to termination, SPSA will process and sell or otherwise remove all yard waste materials and its equipment and structures from the Yard Waste Site. All roads and pavement will remain in place. 4. Lease of Property for Mulching Facility and White Goods Operation. Pursuant to the terms of a lease between the City and SPSA of even date herewith (the "2007 Lease"), the City has agreed to lease to SPSA the nine (9) +/- acre site previously leased by SPSA that is shown on Exhibit A of the 2007 Lease (the "Mulching Site") for operation ofa mulching facility, The 2007 Lease shall be for a term ending January 24, 2018, the expiration date of the City's August 8, 1984 Use and Support Agreement with SPSA (the "Use and Support Agreement"). In lieu of rent for the Mulching Site, SPSA has agreed to provide white goods recycling services to the City without charge at the one-half (1/2) +/- acre site shown on Exhibit B of the 2007 Lease (the "Recycling Site") that SPSA has been using and will continue to use for recycling, its white goods operations, and its household hazardous waste activities. The 2007 Lease provides SPSA with the right to use the Recycling Site for recycling, its white goods operations, and its household hazardous waste activities. 5. No Effect on Solid Waste Disposal Fees. The terms of this Agreement will have no effect on the calculation of fees charged for the disposal of yard waste or other solid waste, Disposal and other fees charged by SPSA shall be subject to SPSA's regular rate setting procedures and to the terms of the Use and Support Agreement and the August 8, 1984 Agreement for Disposal of Ash and Process Residue between the City and SPSA. 6. Release by SPSA. The Authority hereby releases and forever discharges the City of and from all debts, demands, actions, causes of action, suits, accounts, covenants, contracts, agreements, damages and any and all claims, demands and liabilities whatsoever of every name and nature, both at law and in equity, known and unknown, which the Authority has or has ever had whatsoever against the City for any and all actions of the City's actions. inactions, 1-756555.5 08/07/2007 2 omissions, negligence, or failures to act under the terms of the Yard Waste Facility Lease or otherwise related to the City's ownership and/or leasing of Yard Waste Site and for any claim by any third party against the Authority for any personal injury, death or property damage arising out of, resulting from or related to the operation, ownership or leasing of the Yard Waste Facility Site by the City. 7. Release by the City, The City hereby releases and forever discharges the Authority of and from all debts, demands, actions, causes of action, suits, accounts, covenants, contracts, agreements, damages and any and all claims, demands and liabilities whatsoever of every name and nature, both at law and in equity, known and unknown, which the City has or has ever had whatsoever against the Authority for any and all of the Authority's actions, inactions, omissions, negligence, or failures to act under the terms of the Yard Waste Facility Lease or otherwise related to the Authority's operation of the Yard Waste Facility and/or its leasing of Yard Waste Site and for any claim by any third party against the City for any personal injury, death or property damage arising out of, resulting from or related to the operation or leasing of the Yard Waste Facility by SPSA. 8. No Admission of Liability, The relinquishment of the respective legal rights of the Parties and the execution of this Agreement by the Parties are not to be construed as an admission of liability on the part of either Party for any matters related to the activities and transactions of the Parties respecting the leasing of the Yard Waste Site, the ownership and operation thereof, and/or the rights and duties of the Parties related thereto. It is expressly understood and agreed, as a condition hereof, that this Agreement shall not constitute or bc construed to be an admission on any part of either Party or as evidencing or indicating in any degree an admission of the truth or correctness of any claims asserted. The undersigned Parties expressly deny liability to one another, and intend merely to avoid litigation with respect to such claims. 9. Notice. Notices or other communications required under this Agreement shall bc in writing and shall be sent by certified mail, return receipt requested, by national overnight courier company, or by personal delivery. Notice shall be deemed given upon receipt or refusal to accept delivery. Each Party may change its respective address for notice hereunder by like notice to the other Party to this Agreement. The notice addresses are as follows: The City: City of Virginia Beach City Manager's Office Municipal Center, Bldg. 1 2401 Courthouse Drive, Suite 234 Virginia Beach, Virginia 23456 1-756555.5 08/07/2007 3 With a COPY to: City Attorney's Office Municipal Center, Bldg. 1 2401 Courthouse Drive Virginia Beach, Virginia 23456 SPSA: Southeastern Public Service Authority The Regional Building 723 W oodlake Drive Chesapeake, Virginia 23320 Attn: John S. Hadfield, Executive Director With a COPY to: Willcox & Savage, P.c. 1800 Bank of America Center One Commercial Place Norfolk, Virginia 23510 Attn: Anthony M. Thiel, Esquire 10. Mediation and Litigation. Any dispute, claim or controversy between the Parties arising under, out of, in connection with or relating to this Agreement, the Lease Termination Agreement or the 2007 Lease or the transactions contemplated thereby, or any course of conduct, course of dealing, statements (oral or written), or actions of any Party relating to this Agreement, the Lease Termination Agreement or the 2007 Lease, including any claim based on or arising from an alleged tort (each, a "Dispute"), shall be resolved solely in the following manner: (a) Mediation. (i) Each Party shall cause its designee to first meet with the other Party's designee and attempt to resolve the Dispute by agreement. (ii) Failing resolution, either Party may submit to the other Party a written request for non-binding mediation, Within twenty (20) days aftcr such writtcn request is made, the Parties shall attempt to agrce on a single mediator. (iii) Mediation shall take place at the place or places and at the time or times set by the mediator, but shall not be held in public. The rules of procedure, evidence and discovery with respect to any mediation shall be as directed by the mediator. The Parties may bc represented at hearings before the mediator by an attorney. (iv) The mediator's expenses shall be borne equally by the Parties. 1-756555.5 08/07/2007 4 (b) Litigation. (i) If any Dispute is not resolved by mediation as provided abovc, either Party may resort to litigation, (ii) With respect to any litigation relating to any Dispute, each Party irrevocably waives all rights to trial by jury, 11. Miscellaneous. This Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Virginia. This Agreement, the Lease Termination Agreement and the 2007 Lease set forth the entire agreement and understanding bctwecn the Parties with respect to the contemplated transactions and supersedes all prior agreemcnts, arrangements and understandings regarding such transactions, but shall not change or alter in any respect the terms of the Use and Support Agreement or the August 8, 1984 Agreement for Disposal of Ash and Process Residue between the Parties, Failure of any Party at any timc or times to require performance of any provisions hereof shall in no manner affect the right at a later time to enforce the provision. No waiver by either Party of any condition, or the breach of any term, covenant, or condition contained in this Agreement, whether by conduct or otherwise. in anyone or more instances, shall be deemed a further or continuing waiver of any term, condition or covenant, of this Agreement. Any change to this Agreement shall be made only in writing executed by the Party sought to be charged thereby. The captions and paragraph headings are for convenience only and shall not be used in construing or enforcing any of the provisions of this Agreement. This Agreement is executed under seal. The inclusion of the word "(SEAL)" next to the signature lines below shall have the same effect as if the applicable seal were physically affixed hereto. If any period or date under this Agreement would expire or fall on a weekend or holiday, such period or date shall be extended until the first business day thereafter. The terms "herein", "hereof', "hereunder", and similar references shall refer to this Agreement as a whole and not to any particular provision unless otherwise clearly statcd herein, The term "include" or "including" shall mean without limitation by reason of enumcration, Words importing the singular include the plural and vice-versa, and words importing gendcr include the masculine, feminine and neuter gender. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns, [Signatures Appear on the Following Pages) 1-7565555 08/07/2007 5 Attest: 1-756555.5 08/07/2007 AUTHORITY: SOUTHEASTERN PUBLIC SERVICI~ AUTHORITY OF VIRGINIA By: (SEAL) John S. Hadfield, Executive Director 6 Attest: Approved as to form: Title: 1-7565555 08/07/2007 CITY: CITY OF VIRGINIA BEACH, VIRGINIA By: James K. Spore, City Manager 7 (SEAL) LEASE TERMINA nON AGREEMENT THIS LEASE TERMINATION AGREEMENT (the "Termination Agreement") is made this day of August, 2007, by and between, the SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA (the "Tenant," the "Authority" or "SPSA") and the CITY OF VIRGINIA BEACH, VIRGINIA (the "Landlord" or the "City"), SPSA and the City are each referred to herein as a "Party" and together as the "Parties." Capitalized terms not otherwise defined herein shall have the same meanings set forth in the Settlement Agreement, as hereinafter defined. Recitals A. Pursuant to that certain agreement and lease dated November 10,2003 (the "Lease"), Landlord leased to Tenant the Yard Waste Site which is described in the Lease and shown on Exhibit A thereto, on terms and conditions set forth in the Lease. B. Pursuant to the terms of an agreement between the Parties of even date herewith (the "Settlement Agreement"), the Parties have agreed that the Tenant will cease its operations on the Yard Waste Site and will terminate the Lease in accordance with the agreements set forth in the Settlement Agreement, the 2007 Lease and this Termination Agreement. C. Landlord and Tenant have agreed to execute and deliver this Termination Agreement in furtherance of the terms of the Settlement Agreement. Agreement NOW, THEREFORE, in consideration of the mutual covenants herein contained and other good and valuable consideration, the parties hereto covenant and agree as follows: 1. Termination of Lease. The Lease shall terminate on the date (the "Lease Termination Date") that is the earlier to occur of December 31, 2007 or the date when the Tenant ceases all operations on the Yard Waste Site and delivers the Yard Waste Site to the Landlord. All obligations, liabilities and rights of Landlord and Tenant under the Lease shall cease as of the Lease Termination Date, except as otherwise expressly set forth in this Termination Agreement. 2. Rents and Other Charges. Landlord and Tenant acknowledge and agree that (i) no rent. other charges or other sums or monetary amounts are due by Tenant to Landlord under the Lease and (ii) Landlord does not owe Tenant any monetary amounts or other sums under the Lease, 3. Delivery of Premises. Tenant agrees that Landlord shall have the right to possession of the Premises effective on the Lease Termination Date, 4. Release of Claims, Landlord and Tenant, and their respective successors and assigns, each hereby remises, releases and forever discharges the other and its employees. and their respective successors and assigns, of and from any and all actions, causes of action, suits, 1-758607.4 07/27/07 proceedings, debts, sums of money, accounts, contracts, damages, and claims in law or in equity against the other existing at any time on account of, in any way incident to, arising directly or indirectly from, or by reason of the Lease, the use and occupancy of the Premises and/or the condition of the Premises except for the following: (a) Claims, demands, actions, causes of action, and suits asserted by third parties against Landlord and/or Tenant arising out of the use or occupancy of the Premises by the Tenant or the failure by either party to perform its obligations under the Lease during the term of the Lease through the Lease Termination Date; and (b) The obligations and duties of Landlord and Tenant under provisions of this Agreement. 5. Notice. Notices or other communications required under this Termination Agreement shall be in writing and shall be sent by certified mail, return receipt requested, by national overnight courier company, or by personal delivery. Notice shall be deemed given upon receipt or refusal to accept delivery. Each Party may change its respective address for notice hereunder by like notice to the other Party to this Agreement. The notice addresses are as follows: The City: City of Virginia Beach City Manager's Office Municipal Center, Bldg, 1 2401 Courthouse Drive, Suite 234 Virginia Beach, Virginia 23456 With a COpy to: City Attorney's Office Municipal Center, Bldg. 1 2401 Courthouse Drive Virginia Beach, Virginia 23456 SPSA: Southeastern Public Service Authority The Regional Building 723 Woodlake Drive Chesapeake, Virginia 23320 Attn: John S. Hadfield, Executive Director 2 1-758607.4 7127/2007 With a COPY to: Willcox & Savage, P.C. 1800 Bank of America Center One Commercial Place Norfolk, Virginia 23510 Attn: Anthony M. Thiel, Esquire 6. Dispute Resolution. Any Dispute hereunder shall be resolved in accordancc with the provisions set forth in Section 10 of the Settlement Agreement. 7. Miscellaneous, This Termination Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Virginia. This Termination Agreement. the Settlement Agreement and the 2007 Lease set forth the entire agreement and understanding between the Parties with respect to the contemplated transactions and supersedes all prior agreements, arrangements and understandings respecting the Lease. Failure of any Party at any time or times to require performance of any provisions hereof shall in no manner affect the right at a later time to enforce the provision. No waiver by either Party of any condition, or the breach of any term, covenant, or condition contained in this Termination Agreement, whether by conduct or otherwise, in anyone or more instances, shall be deemed a further or continuing waiver of any term, condition or covenant, of this Termination Agreement. Any change to this Termination Agreement shall be made only in writing executed by the Party sought to be charged thereby. The captions and paragraph headings in this Termination Agreement are for convenience only and shall not be used in construing or enforcing any of the provisions of this Termination Agreement. This Termination Agreement is executed under seal. The inclusion of the word "(SEAL)" next to the signature lines below shall have the same effect as if the applicable seal were physically affixed hereto. If any period or date under this Termination Agreement would expire or fall on a weekend or holiday, such period or date shall be extended until the first business day thereafter. The terms "herein", "hereof', "hereunder", and similar references shall refer to this Termination Agreement as a whole and not to any particular provision unless otherwise clearly stated herein. The term "include" or "including" shall mean without limitation by reason of enumeration. Words importing the singular include the plural and vice-versa, and words importing gender include the masculine, feminine and neuter gender. This Termination Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns. [Signatures Appear on the Following Pages) 3 1-758607.4 7/27/2007 WITNESS the following signatures and seals: LANDLORD: CITY OF VIRGINIA BEACH, VIRGINIA By: jSEAL) James K. Spore, City Manager Attest: Approved as to form: Title: 4 1-758607.4 7/27/2007 Attest: 1-758607.4 7/27/2007 TENANT: SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGfNIA By: ___ (SEAL) John S. Hadfield, Executive Director 5 DEED OF LEASE (SPSA - City of Virginia Beach, Virginia) THIS DEED OF LEASE (the "Lease") is made as of the __~ day of August, 2007, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("Landlord or the "City") and the SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA, a political subdivision of the Commonwealth of Virginia ("Tenant," the "Authority" or "SPSA"). SPSA and the City are each referred to herein as a "Party" and together as the "Parties." Landlord, in consideration of the covenants and promises hereinafter specified to be performed by Tenant, does hereby lease, let and demise the real estate described below and Tenant, in consideration of the covenants and promises to be performed by Landlord, does hereby lease from Landlord such real estate, both upon the terms, conditions and covenants set forth herein. 1. Premises and Recycling Site. Landlord leases to Tenant the portion of Landlord's property known as Landfill No. 2 located in Virginia Beach, Virginia (the "Landfill") that consists of the 9 +/- acre parcel of land shown on Exhibit A attached hereto and made a part hereof (the "Mulching Site"), together with a non-exclusive right of Tenant and its customers, contractors and suppliers (the "Right of Access") to use all streets, driveways and roadways now existing or hereafter located in the Landfill ("Roads") for truck and other vehicular access to and from Jake Sears Road and any other public streets providing access to the Landtill. The Mulching Site and the Right of Access are together referred to herein as the "Premises." Landlord shall also continue to provide Tenant with the right to use for the term provided in Section 2 below the portion of the Landfill consisting of approximately one-half acre site shown on Exhibit B attached hereto and made a part hereof (the "Recycling Site") for rccycling, white goods operations and hazardous waste activities as provided in Section 3 below, together with the Right of Access for the Recycling Site. Landlord shall have the right to relocate the Roads provided that such relocation does not unreasonably interfere with Tenant's access, use and operation of the Mulching Site and Recycling Site as described in Section 4 below. 2. Term, This Lease and all rights hereunder shall be effective upon the date of its execution and shall end on January 24,2018. 3. No Rent; Operation of White Goods Disposal Program and Additional Activities. In lieu of the payment of rent, Tenant agrees to continue to receive and dispose of "White Goods" (as defined on Schedule I) for the entire term of this Lease (the "Term") on the terms and conditions set forth on Schedule I attached hereto and made a part hereof. In addition to the receipt and disposal of White Goods for Landlord, Tenant may continue to use the Recycling Site for the receipt, storage, sorting, processing and disposal off site of White Goods and other recyclables and household hazardous waste (collectively "Additional Activities"), 4. Use and Operation. The Mulching Site shall be used for a mulching facility and operation involving the collection and processing of felled trees, stumps, branches and other woody materials into mulch, the coloring of the mulch and sale of the mulch for pick up by Tenant's customers or delivery by Tenant to its customers. The Recycling Site may be used for the disposal of White Goods for the Landlord and the Additional Activities, all in accordance 1-757036.7 08/07/2007 with the requirements of Schedule I. Tenant shall not be permitted to use the Premises or the Recycling Site (together, the "Property") for any purposes other than those set forth in this Lease without obtaining prior written consent from Landlord, which consent shall not be unreasonably conditioned, withheld or delayed. 5. Buildings, Fixtures and Other Property. Tenant may, at its sole cost and expense, make such changes, alterations or improvements, including the construction and installation of buildings, fixtures, equipment and other improvements to the Property (collecti vcly "Improvements"), as Tenant may deem necessary or appropriate for the use of the Property as permitted under Section 4 above ("Permitted Use"), All Improvements located on the Property are and shall remain the property of Tenant; provided, however, that any Improvements remaining on the Property for more than sixty (60) days following the expiration of the term or earlier termination of this Lease shall become the property of Landlord. Tenant will submit construction plans for any Improvements ("Tenant's Plans") to Landlord for review and approval and obtain any required permits prior to the commencement of construction. Landlord agrecs that its approval of Tenant's Plans in its capacity as lessor shall not be unreasonably withheld, conditioned or delayed. Within forty-five day (45) days following rcceipt of any Tcnant's Plans, Landlord in its capacity as lessor shall either (i) approve Tenant's Plans in writing or (ii) notify Tenant in writing of any reasonable modifications Landlord requircs to Tenant's Plans. If Landlord advises Tenant in writing that reasonable modifications are required and Tenant submits modified Tenant's Plans, then Landlord will within twenty (20) days either (i) approve in writing the modified Tenant's Plans or (ii) notify Tenant in writing of furthcr reasonable modifications Landlord requires to Tenant's Plans. This process shall continue until Tenant's Plans are approved (or deemed approved) by Landlord, If Landlord fails to respond within the initial forty-five day (45) period or any subsequent twenty (20) day period, then Landlord will be deemed to have approved Tenant's Plans as then existing. Notwithstanding the foregoing, however, construction of improvements shall also be subject to all approvals required for the issuance of any necessary permits. Landlord agrees to act expeditiously in conducting its permit revIew. 6. Maintenance, Repair and Alterations. (a) Landlord agrees to maintain and repair the Roads so that they are usable by Tenant and its customers, contractors and suppliers. Landlord will operate and maintain the Landfill in a safe condition and in compliance with all applicable federal, state and local laws and regulations ("Laws"). (b) Tenant shall maintain the Property and all Improvements in a safe condition in compliance with all Laws and shall conduct all of its operations in accordance with accepted management practices and make any alterations in conformity with all Laws, 7. Taxes and Utilities. (a) While both Landlord and Tenant are currently exempt from the payment of state and local taxes, the Parties agree that Tenant (or any approved assignee or subtenant) shall be responsible for the payment of any taxes that may become due by reason of the use and occupancy of the Property if at any time any such tax is assessed, levied or imposed upon Tenant 2 1-757036.7 08/07/2007 or any such assignee or sub-tenant. If taxes are assessed against the Landfill, then Tenant shall pay its pro-rata share of such taxes based upon the ratio that the area of the Property bears to thc total area of the Landfill. If taxes are assessed against the Improvements, Tenant shall pay all such taxes, (b) Landlord agrees to provide at no cost to Tenant such easemcnts as arc necessary to provide electric power, water and sewer services ("Utilities") to the Property. All Utilities providing service to the Property shall be separately metered and Tenant shall pay promptly when due all fees charged for the use of these Utilities including all service fees, deposits, tap fees and any other connection, hook up and other use fees and charges rclated thereto. 8, Insurance. Tenant shall maintain during the Term commercial general liability insurance, including personal injury and property damage, in the following amounts: $2,000,000.00 total and $1,000,000.00 per occurrence. The insurance policy shall namc Landlord as an additional insured and shall provide that such insurance shall not be cancelled unless thirty (30) days prior written notice is given to Landlord, Tenant shall deliver to Landlord a certificate of such insurance. To the extent required by law, Tenant shall also maintain worker's compensation or similar insurance. All insurance coverage required under this Section 8 shall be maintained by Tenant at its sole expense and Tenant shall pay promptly when due all premiums for such insurance. 9. Quiet Possession and Title. Provided that Tenant is not in default under the provisions of this Lease beyond applicable cure periods, Landlord covenants that Tenant shall have and enjoy during the Term quiet and peaceable possession of the Property, subject to all terms and provisions of this Lease, free of molestation by Landlord, Landlord further covenants, represents and warrants that it is the owner in fee simple of the Landfill and that no rezoning, use permit or other approval by the City is required for Tenant to use the Property for the Permitted Use. 10. Memorandum of Lease. This Lease shall not be recorded. However, the Parties agree that upon request, either will execute a memorandum of lease in the form prescribed by the applicable Virginia statute which will include the commencement date and expiration date of the Term. Either Party may record such memorandum of lease in the land records at its own expense. 11, Assignment and Subletting. (a) Tenant shall not have the right to assign, mortgage, hypothecatc or encumber this Lease or sublet (or grant other occupancy rights to) the Premises (each a "Transfer"; collectively, "Transfers"), without the prior written consent of Landlord which consent shall not be unreasonably delayed, conditioned or withheld. Under no circumstanccs shall Tenant assign less than its full interest in the Lease or sublet less than the entire Premises. (b) Landlord's consent to one or more assignments or subleases shall not be deemed to waive the requirement that Landlord's consent be obtained for any subsequent assignment or subletting. 3 1-757036.7 08/07/2007 (c) Tenant agrees that Landlord may reject any proposed Transfer requiring Landlord's approval that fails to satisfy any or more of the following requirements: (1) the financial strength of the proposed Transferee must be at least equal to that of the existing Tenant (both as of the commencement date of this Lease and as of the date of the proposed Transfer) and the financial strength of the proposed Transferee must be at such level that Landlord would generally approve the proposed Transferee as a tenant without regard to the continued liability of Tenant; (2) the business reputation of the proposed Transferee must be in accordance with generally acceptable commercial standards; (3) the proposed Transferee must be experienced in operation of businesses in accordance with the use proposed by the Transferee and be licensed and capable of performing the solid waste disposal activities authorized hereunder; (4) the use of the Property by the proposed Transferee must comply in all respects with Section 4 of this Lease and must not breach or violate any applicable Laws or any covenants, restrictions or agreements affecting the Premises or Landlord; (5) no outstanding defaults exist under this Lease; and (6) such other standards as are then commercially reasonable at the time of the proposed Transfer in Landlord's business discretion. (d) Each and every assignee shall be required to assume the obligations of Tenant under this Lease by written agreement of which Landlord is a beneficiary. Each and every subtenant shall be required to execute an agreement to continue or terminate its sublease, at Landlord's option, in the event of any termination of this Lease prior to the expiration of the then current Term, and such subtenant agrees to recognize and attorn to Landlord if Landlord elects to continue such sublease. No sublease or other occupancy agreement shall be permitted to be assigned or shall provide for further subletting or other grants of occupancy rights. Upon Landlord's (or any successor Landlord's) sale or conveyance of the Premises and assignment of this Lease to the transferee, Landlord (or any successor Landlord) shall be released from its obligations under this Lease, except for liability accruing prior to such sale or conveyance, (e) Permitted Use. No Transferee shall occupy or use the Property for any purpose except the 12. Force Majeure. Either Party shall be excused from performance and shall be relieved of liability to the other to the extent that the Party's failure to perform is caused by an act of force majeure. "Force majeure" shall mean any cause beyond the control and without the fault or negligence of a Party, including, but not limited to, acts of God, terrorists or other public enemy, acts of government (other than an act of the Party asserting force majeure), weather conditions (including tornadoes, hurricanes and other storms), fires, floods, epidemics, quarantine restrictions, or strikes affecting material or equipment suppliers of sole-source providers of the Party. A Party whose performance is affected by an act of force majeure shall use commercially reasonable due diligence to remedy the failure to perform, 13. Default. The happening of anyone or more of the following events ("Events of Default") shall constitute a default and a breach of this Lease for which Landlord shall have the remedies set forth in Section 14 below: (a) The failure of Tenant to perform or diligently proceed to perform any of the other covenants, conditions or provisions of this Lease within thirty (30) days after written notice from Landlord of such failure. However, if the default cannot reasonably be cured within 4 1-757036.7 08/07/2007 said thirty (30) day period and if Tenant shall have diligently taken all reasonable and necessary action to cure the default within said thirty (30) day time period, no Event of Default shall be deemed to occur if Tenant proceeds to remedy the default promptly and diligently and if the default is remedied within ninety (90) days after such written notice. (b) The abandonment of the Premises. (c) The appointment of a receiver for the property of Tenant, if such appointment is not terminated within sixty (60) days; or the levy of execution or other taking of property, assets or the leasehold interest of Tenant by process of law or in satisfaction of any judgment, debt or claim, if such levy or other taking is not satisfied or dismissed within thirty (30) days. 14. Remedies Upon Default. Upon the occurrence of one or more Events of Default by Tenant, Landlord shall have the following remedies: (a) Landlord may proceed as it deems advisable to enforce the provisions of this Lease at law or in equity. (b) Landlord at any time thereafter may, at its option, terminate this Lease by giving Tenant at least thirty (30) days' advance written notice of the date the Term shall end, and Tenant will then quit and surrender the Premises to Landlord, but Tenant shall remain liable under this Lease as provided in this Section 14. (c) Landlord may re-enter the Premises and may repossess the Premises. Such re-entry and/or repossession may be effected by summary proceedings, ejectment or otherwise. Upon such-re-entry or repossession, Landlord may dispossess Tenant and may remove Tenant from the Premises without further notice to Tenant. Tenant waives any right to notice of Landlord's intention to re-enter and waivers any right to re-enter the Premises or restore the operation of this Lease provided for by any present or future law. (d) Regardless of the remedy(ies) chosen by Landlord, Tenant shall in any event reimburse Landlord for all costs and expenses (including reasonable attorneys' fees) incurred by Landlord as a result of Tenant's default. (e) In the event of Tenant's failure to perform or satisfy any covenant or obligation of Tenant under this Lease (regardless of whether such failure constitutes an "Event of Default" under this Lease), Landlord shall have the right (in addition to the foregoing remedies of Landlord under this Section 14) to perform such covenant or obligation (i) if no emergency exists, after giving thirty (30) days notice to Tenant and provided Tenant has not commenced to cure the default within the thirty (30) day period and thereafter is diligently prosecuting the same to completion, and (ii) in an emergency situation, immediately upon giving such prior oral or written notice to Tenant, if any, as is practicable given the nature of the emergency (otherwise Landlord shall give Tenant written notice as soon thereafter as is practicable). Upon receipt of a billing for the costs and expenses incurred hereunder by Landlord, Tenant shall reimburse Landlord for such amounts, 5 1-757036.7 08/07/2007 15. Notice. Notices or other communications required under this Lease shall be in writing and shall be sent by certified mail, return receipt requested, by national overnight courier company, or by personal delivery. Notice shall be deemed given upon receipt or refusal to accept delivery. Each Party may change its respective address for notice hereunder by like notice to the other Party to this Lease. The notice addresses are as follows: The City: City of Virginia Beach City Manager's Office Municipal Center, Bldg. 1 2401 Courthouse Drive, Suite 234 Virginia Beach, Virginia 23456 With a Copy to: City Attorney's Office Municipal Center, Bldg. 1 2401 Courthouse Drive Virginia Beach, Virginia 23456 SPSA: Southeastern Public Service Authority The Regional Building 723 W oodlake Drive Chesapeake, Virginia 23320 Attn: John S. Hadfield, Executive Director With a CoPy to: Willcox & Savage, P.c. 1800 Bank of America Center One Commercial Place Norfolk, Virginia 23510 Attn: Anthony M. Thiel, Esquire 16. Mediation and Litigation, Any dispute, claim or controversy between the Parties arising under, out of, in connection with or relating to this Lease, or the transactions contemplated thereby, or any course of conduct, course of dealing, statements (oral or written), or actions of any Party relating to this Lease including any claim based on or arising from an alleged tort (each, a "Dispute"), shall be resolved solely in the following manner: (a) Mediation. 6 1-757036.7 08/07/2007 (i) Each Party shall cause its designee to first meet with the other Party's designee and attempt to resolve the Dispute by agreement. (ii) Failing resolution, either Party may submit to the other Party a written request for non-binding mediation. Within twenty (20) days after such written request is made, the Parties shall attempt to agree on a single mediator, (iii) Mediation shall take place at the place or places and at the time or times set by the mediator, but shall not be held in public. The rules of procedure, evidence and discovery with respect to any mediation shall be as directed by the mediator. The Parties may be represented at hearings before the mediator by an attorney. (iv) The mediator's expenses shall be borne equally by the Parties, (b) Litigation. (i) If any Dispute is not resolved by mediation as provided above, either Party may resort to litigation. (ii) With respect to any litigation relating to any Dispute, each Party irrevocably waives all rights to trial by jury. 17. Surrender. Upon expiration or sooner termination of the Lease, Tenant will quit and surrender possession of the Premises quietly and peaceably and in as good order and condition as the same were at the inception of Term, consistent with Tenant's permitted use of the Premises and reasonable wear, tear and damage by the elements or by Landlord excepted. 18. Miscellaneous. This Lease shall be governed and construed in accordance with the laws of the Commonwealth of Virginia. This Lease sets forth the entire agreement and understanding between the Parties with respect to the transactions hereunder and supersedes all prior agreements, arrangements and understandings with respect to such transactions, but does not change or alter in any respect the terms of the City's August 8, 1984 Use and Support Agreement with SPSA or the August 8, 1984 Agreement for Disposal of Ash and Process Residue between the Parties. Failure of any Party at any time or times to require performance of any provisions hereof shall in no manner affect the right at a later time to enforce the provision. No waiver by either Party of any condition, or the breach of any term, covenant, or condition contained in this Lease, whether by conduct or otherwise, in anyone or more instances, shall be deemed a further or continuing waiver of any term, condition or covenant, of this Lease, Any change to this Lease shall be made only in writing executed by the Party sought to be charged thereby. The captions and paragraph headings are for convenience only and shall not be used in construing or enforcing any of the provisions of this Lease. This Lease is executed under seal. The inclusion of the word "(SEAL)" next to the signature lines below shall have the same effect as if the applicable seal were physically affixed hereto. If any period or date under this Lease would expire or fall on a weekend or holiday, such period or date shall be extended until the first business day thereafter. The terms "herein", "hereof', "hereunder", and similar references shall refer to this Lease as a whole and not to any particular provision unless otherwise clearly stated herein. The term "include" or "including" shall mean without limitation by reason of enumeration. Words importing the singular include the plural and vice-versa, and words 7 1-757036.7 08/07/2007 importing gender include the masculine, feminine and neuter gender. This Lease shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assIgns. [Signatures Appear on Following Page,~) 8 1-757036.7 08/07/2007 WITNESS the following signatures and seals: LANDLORD: CITY OF VIRGINIA BEACH, VIRGINIA By:_ Name: Title: Approved as to form: Title: 1-757036.7 08/07/2007 9 (SEAL) 1-757036.7 08/07/2007 TENANT: SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA By: Name: Title: (SEAL) 10 Schedule I Operation of White Goods Disposal Program and Additional Activities A. Tenant, for and during the Term, agrees to receive and dispose of "White Goods" from the City and any resident located therein ("Beneficiaries") at no cost, on the terms and conditions set forth in this Schedule I. For purposes of this Lease, "White Goods" shall mean and include appliances of the type commonly known and referred to as white goods, including but not limited to refrigerators, freezers, window and central air conditioners, stoves, washers, dryers, hot water heaters and dishwashers. White Goods shall not include televisions, microwaves, radios. stereo equipment, computer monitors or other computer equipment except with Tenant's approval. B. Landlord grants to Tenant the right to connect to all Utilities at or to the Recycling Site. Tenant shall be solely responsible for the costs of maintaining and operating the Recycling Site for the collection and disposal of White Goods and for the Additional Activities. Tenant shall determine the hours of operation and any other policies or rules governing the use and operation of the Recycling Site. C. The Recycling Site shall be available to receive White Goods delivered by Beneficiaries only during hours of operation established by Tenant, but no less than Tenant shall have no responsibility for the collection of White Goods or for their delivery to the Recycling Site, Tenant may in its sole discretion accept in connection with its Additional Activities the following ("Other Materials"): (i) White Goods from parties other than the City and (ii) from the City, other localities and other parties, recyclables (in addition to White Goods), household hazardous waste, used oil, lead acid and rechargeable batteries and compressed gas cylinders. SPSA may fix and determine policies and procedures, including fees, for the receipt of Other Materials, provided that the Recycling Site remains available for deliveries of White Goods from Beneficiaries. Tenant shall be responsible for determining the materials that will be accepted at the Recycling Site. Except as authorized in this Lease, Tenant may expand the servicing operation or utilize the Recycling Site for other purposes only with the approval of Landlord. D. Tenant shall remove and properly dispose of White Goods and Other Materials received at the Recycling Site in accordance with all Virginia Department of Environmental Quality requirements. Tenant shall determine the frequency with which it removes material from the Recycling Site for disposal, but shall prevent any accumulation of material that is dangerous, unreasonable, or that impairs use and operation of the Recycling Site for acceptance of White Goods from Beneficiaries. Tenant shall remove freon and any other gasses or materials required by law or sound environmental practice to be removed from White Goods prior to disposal, and shall dispose of all White Goods and Other Materials in an environmentally responsible manner. Tenant shall be solely responsible for the costs of disposing of the White Goods and Other Materials, and any components of them, and shall be entitled to retain any proceeds of that disposal, including, but not limited to, the proceeds from the sale or other disposal of metals, gasses, and other products, 11 Error! Unknown document property name, 08/08/2007 E. The term "White Goods" shall not include, and Tenant shall not be required to receive or accept for disposal, any material that is classified as hazardous waste under any local, state or federal law or regulation in effect during the term of this Lease. Tenant may accept and dispose of household hazardous waste materials received in connection with its Additional Activities. Hazardous waste that is not White Goods or Other Materials is referred to herein as "Prohibited Hazardous Waste." Landlord and Tenant agree to cooperate fully, and to use reasonable efforts, to prevent the delivery of Prohibited Hazardous Waste to the Recycling Site. If Tenant discovers Prohibited Hazardous Waste and is unable to reasonably identify the source of that waste, Tenant shall take all steps necessary and appropriate for the containment thereof in a safe and reasonable manner. Tenant shall promptly notify Landlord by telephone and in writing if any Prohibited Hazardous Waste comes on to the Recycling Site. Landlord shall be responsible for the safe removal and disposal of any Prohibited Hazardous Waste delivered by Beneficiaries. Tenant shall be relieved of its obligations under this Schedule I to the extent that the Recycling Site is rendered inoperable or Tenant's performance is otherwise prevented by the presence, containment or removal of Prohibited Hazardous Waste, 12 Error! Unknown document property name, 08/08/2007 - 52 - Item V-L.1. PLANNING ITEM #56691 1. JOSEPH and FAYE MATYIKO NONCONFORMING USE 2. BARNETT K THOURGOOD NONCONFORMING USE 3. PYONG TU CHO VARIANCE 4. BELIEVER'S HOUSE WORLD WIDE CONDITONAL USE PERMIT MINISTRIES 5. CHECKERED FLAG MOTOR CAR COMPANY CONDITIONAL USE PERMIT 6. HENRY C SCOTT CONDITONAL USE PERMIT 7. RICHARDSON F. ROBERTSON CHANGE OF ZONING 8. JOANNE S. FERRELL AND EDITH JOHANNA SMITH CONDITIONAL CHANGE OF ZONING 9. AGC ACQUISITION, L.L.C CONDITIONAL CHANGE OF ZONING 1~SOUTHHAMPTONROADSHABITAT FOR HUMANITY, INC CONDITIONAL CHANGE OF ZONING 11. PRINCESS ANNE COUNTRY CLUB, INC MODIFICATION OF CONDITIONSI NONCONFORMING USE (approved by City Council on 3112191) 12. CITY ZONING ORDINANCE AMEND Section 200 re establishing minimum setbacks from certain bodies of water 1 single family and Duplex dwellings August 14, 2007 - 53 - Item V-I. PLANNING ITEM #56692 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION Items 1 (DEFERRED), 2, 3 (DEFERRED INDEFINITELY), 4, 5, 6, 7 ,8 (DEFERRED, 9 (DEFERRED INDEFINITELY), 10 (DEFERRED INDEFINITELY), 11 and 12 of the Planning by Consent Agenda. Item I.l (MATYIKO) shall be DEFERRED, BY CONSENT, until the City Council Session of August 28. 2007. Item I. 3. (PYONG TU CHO) shall be DEFERRED INDEFINITELY, BY CONSENT. Item I.8 (FERRELVSMITH) shall be DEFERRED, BY CONSENT, until the City Council Session of September 11, 2007, Item I. 9, (AGC ACQUISITION, I. I. C.) shall be DEFERRED INDEFINITELY, BY CONSENT. Item I.I0 (SOUTH HAMPTON ROADS HABITAT FOR HUMANITY, INC.) shall be DEFERRED INDEFINITELY, BY CONSENT. Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R, Jones. Reba S. McClanan, Mayor Meyera E. Oberndorf Ron A, Villanueva, Rosemary Wilson and James I. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin Council Lady Wilson DISCLOSED re Item 11 (PRINCESS ANNE COUNTRY CLUB, INC.), she and her husband are Members of the Princess Anne Country Club. However, the City Attorney has advised she may participate in the discussion and vote. August 14, 2007 - 54 - Item V-I. I, PLANNING ITEM #56693 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED until the City Council Session of August 28, 2007, the application of JOSEPH and FAYE MA TYIKO for the expansion of a Nonconforminf! Use at 3257 Shady Pines Lane to construct an addition to an existing duplex. Resolution authorizing the Enlargement of a Nonconforming Use on property located at 3257 Shady Pines Lane, DISTRICT 7 - PRINCESS ANNE City Staff's evaluation is not complete, and thus a deferral for two (2) weeks is requested. Voting: 10-0 (By Consent) Council Members Voting Aye: William R, "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva, Rosemary Wilson and James I. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin August 14, 2007 - 55 - Item V-I. 2. PLANNING ITEM #56694 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED the application of BARNETT K. THOUROGOOD for the expansion of a Nonconforming Use at 121 Butts Lane to make needed improvements to an existing structure and adding two storage units, Application of Barnett K. "Karl" Thourogood for the Expansion of a Nonconforming Use on property located at 121 Butts Lane (GPIN 2417533592), DISTRICT 6 - BEACH The following conditions shall be required: I, The applicant shall install a 5/12 pitched gable roof as depicted on the submitted elevations. The elevations have been exhibited to the Virginia Beach City Council and are on file in the Planning Department, 2, The applicant may install two 8joot by 12-foot (8 'xI2 ') storage units to be used for the residents of the multi-family structure. The storage units shall meet minimum 3D-foot front yard setback and fivejoot rear and side yard setbacks. 3, The applicant shall install a minimum of four parking spaces on the site. The spaces shall be arranged so that any automobile may enter and exit the parking space without requiring moving of another vehicle. Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva, Rosemary Wilson and James I. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin Item V-I. 3. August 14, 2007 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 1 2 3 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A NONCONFORMING USE ON PROPERTY LOCATED AT 121 BUTTS LANE, BEACH DISTRICT WHEREAS, Barnett K. "Karl" Thourogood (hereinafter the "Applicant"), has made application to the City Council for authorization to enlarge a nonconforming use with the alteration of a roof line and the addition of storage sheds on a multi-family structure on a certain lot or parcel of land having the address of 121 Butts Lane, in the R-7.5 Residential District; and WHEREAS, the said use is nonconforming, as it is multi-family structure, which is not presently allowed in the R-7.5 Residential District. This dwelling was constructed prior to the adoption of the Princess Anne County or Town of Virginia Beach Zoning Ordinance; and WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the enlargement of a nonconforming use is unlawful in the absence of a resolution of the City Council authorizing such action upon a finding that the proposed use, as enlarged, will be equally appropriate or more appropriate to the zoning district than is the existing use; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby finds that the proposed use, as enlarged, will be equally appropriate to the district as is the existing use. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the proposed enlargement of the multi-family dwelling is hereby authorized, upon the following conditions: 1. The applicant shall install a 5/12 pitched gable roof as depicted on the submitted elevations. The elevations have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 2. The applicant may install two 8-foot by 12-foot (8'x12') storage units to be used for the resid~nts of the multi-family structure. The storage units shall meet minimum 30-foot front yard setback and five-foot rear and side yard setbacks. 3. The applicant shall install a minimum of four parking spaces on the site. The spaces shall be arranged so that any vehicle may enter and exit the parking space without requiring moving of another vehicle. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of August 2007. TENT: APPROVED AS TO ~~GAL I SU FI CY. ~. City ttorney's Office CA 10469 R-1 August 1, 2007 - 56 - Item V-I. 3. PLANNING ITEM #56695 Attorney Les Watson, One Columbus Circle, Phone: 497-6633, represented the applicant and requested INDEFINITE DEFERRAL. Greg Tuthill, 1220 North Inlynnview Road, Phone: 650-7610, registered in OPPOSITION, but was not OPPOSED to the DEFERRAL Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED INDEFINITELY a Variance to ~4.4(b) of the Subdivision Ordinance that requires newly created lots meet all the requirements of the City Zoning Ordinance (CZO) in regard to certain elements of the Subdivision Ordinance, Subdivision for PYONG TU CHO, at 1212 North Inlynnview Road to subdivide the existing lot into two lots and develop the new lot with a single family dwelling. Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Pyong Tu Cho. Property is located at 1212 North Inlynnview Road (GPIN 1498459841). DISTRICT 5 - LYNNHA VEN Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva, Rosemary Wilson and James I. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin August 14, 2007 - 57 - Item V-LA. PLANNING ITEM #56696 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of BELIEVER'S HOUSE WORLD WIDE MINISTRIESfor a Conditional Use Permit for a church and private school: ORDINANCE UPON APPLICATION OF BELIEVER'S HOUSE WORLD WIDE MINISTRIES FOR A CONDITIONAL USE PERMIT FOR A CHURCH AND PRIVATE SCHOOL R080734232 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Believer's House World Wide Ministries for a Conditional Use Permit for a church and private school on property located at 544 Newtown Road, Suite 136 (GPIN 1468303340), DlSTPJCT 1 BAYS/DE DISTRICT 2 - KEMPSVILLE The following conditions shall be required: 1. The applicant must comply with all applicable City requirements for building codes, fire safety and suppression, for the change of use to a place of assembly prior to issuance of an Occupancy Permit for this unit. This includes obtaining a fire inspection, a fire code permit, and a Certificate of Occupancy from the Building Official's office. 2, The number of congregants at any worship service shall not exceed the occupancy number for the unit established by the City's Fire Marshall. 3. Mobile basketball hoops are to be placed back inside the building after the end of the school day or by 6:00 PM Ifpermanent hoops are to be provided, a fenced in area with a locked gate for the facility will be required. 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 Fourteenth of August Two Thousand Seven August 14, 2007 - 58 - Item V-LA. PLANNING ITEM #56696 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin August 14, 2007 - 59 - Item V-L.5. PLANNING ITEM #56697 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of CHECKERED FLAG MOTOR CAR COMPANY for a Conditional Use Permitfor motor vehicle sales, rentals and service: ORDINANCE UPON APPLICATION OF CHECKERED FLAG MOTOR CAR COMPANY FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES, RENTALS AND SERVICE SCHOOL R080734233 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Checkered Flag Motor Car Company for a Conditional Use Permit for motor vehicle sales, rentals and service on property located at 5193 Virginia Beach Boulevard (GPIN 1467762274), DISTRICT 2 - KEMPSVILLE The following conditions shall be required: 1, The site and landscaping shall be developed in substantial conformance with the submitted site plan entitled "Checkered Flag Smart Car Site Conditional Use Permit" prepared by LandMark Design Group, dated May 18,2007 and last revised May 21,2007. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department, 2. The proposed building shall be constructed substantially in accordance with the submitted elevations. Said elevations have been exhibited to the Virginia Beach City Council and are onfile with the Virginia Beach Planning Department. 3. Only one entrance shall be allowedfor this lot on Virginia Beach Boulevard. The second entrance off of Virginia Beach Boulevard shall be eliminated. The remaining entrance on Virginia Beach Boulevard shall meet all current City of Virginia Beach Public Works standards. This will require reconstruction of the existing entrance. 4, All required parking spaces shall be remarked (painted) clearly on the site, including installing the required handicap spaces in accordance with Americans with Disabilities Act (ADA) regulations, 5. The proposed landscaping on the site shall be in substantial conformance with the submitted preliminary site plan, reference in Condition 1, All landscaping shall meet or exceed the minimum requirements of the City's Zoning and Site Plan Ordinances, 6. The applicant shall submit a photometric plan for any exterior lightingfor review and approval, 7. All signs on the site shall be in conformance with the Zoning Ordinance in regards to signage regulations. August 14, 2007 - 60- Item V-L.5, PLANNING ITEM #56697 (Continued) 8. No outside storage of parts, equipment, or vehicles wrecked or in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, such vehicles shall be stored within the building, 9. All automotive repair work shall be conducted inside the building. 10. No outside paging system shall be permitted. 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 Fourteenth of August Two Thousand Seven Voting: 10-0 (By Consent) Council Members Voting Aye: William R, "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin August 14, 2007 - 61 - Item V-L.6. PLANNING ITEM #56698 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of HENRY C. SCOTT for a Conditional Use Permit for a recreational facility of an outdoor nature (skateboard ramp): ORDINANCE UPON APPLICATION OF HENRY C. SCOTT FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL FACILITY OF AN OUTDOOR NATURE (SKATEBOARD RAMP R080734234 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Henry C. Scott for a Conditional Use Permit for a recreational facility of an outdoor nature (skateboard ramp) on property located at 2425 Melstone Court (GPIN 2404677636). DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1. The skateboard ramp shall be located and constructed in substantial compliance with the submitted property survey entitled "Site Plan of Lot 128, Hunt Club Forest Section Six" and dated A ugust 28,1986. 2, Use of the ramp shall be limited to the hours between 10:00 a.m. and dusk. 3. To reduce the level of sound emanatingfrom the ramp when in use, the following shall be utilized in the construction of the ramp: (a) the underside of the plywood beneath the skating surface shall be insulated; (b) the sides and ends of the ramp shall be enclosed with wood; and (c) vinyljlooring (as indicated on the submitted construction detail) shall be installed between the plywood and the skating surface of the ramp, 4. A chain shall be secured across the ramp when the ramp is not in use such that the ramp cannot be used. 5. At least one adult shall be outside the house and present when the ramp is in use. 6. The applicant shall enforce the rules submitted with the application regarding use of the ramp. The Zoning Administrator shall annually evaluate whether the rules have been enforced and the conditions above have been adhered to. If the evaluation reveals that the rules and conditions are being met, the use permit shall be renewedfor an additional year, with an annual evaluation thereafter. If the evaluation reveals that the rules and conditions are not being met, the Zoning Administrator shall refer the use permit to the City Council for revocation, August 14, 2007 - 62- Item V-L.6. PLANNING ITEM #56698 (Continued) This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of August Two Thousand Seven Voting: 10-0 (By Consent) Council Members Voting Aye: William R, "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin August 14, 2007 - 63 - Item V-I. 7. PLANNING ITEM #56699 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of RICHARD F. ROBERTSON for a Change of Zoning District Classification ORDINANCE UPON AP PLICA TION OF RICHARD F. ROBERTSON FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 COMMUNITY BUSINESS DISTRICT TO R-20 RESIDENTIAL DISTRICT Z08071284 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Richard F. Robertson for a Change of Zoning District Classification from B-2 Community Business District to R-20 Residential District on property located at 5536 and 5544 Parliament Drive (GPINs 1467232861; 1467233789). DISTRICT 2 - KEMPSVILLE 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 Fourteenth of August Two Thousand Seven Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A, Villanueva, Rosemary Wilson and James I. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin August 14, 2007 - 64- Item V-L 8. PLANNING ITEM #56700 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED until the City Council Session of September 11, 2007, an Ordinance upon application of JOANNE S. FERRELL AND EDITH JOHANNA SMITH for a Conditional Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF JOANNE S. FERRELL & EDITH JOHANNA SMITH FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5D RESIDENTIAL DISTRICT TO CONDITIONAL B-2 COMMUNITY BUSINESS DISTRICT Ordinance upon application of Joanne S. Ferrell & Edith Johanna Smith for a Change of Zoning District Classification from R-5D Residential District to Conditional B-2 Community Business District on property located at 213 and 217 Louisa Avenue (GPINs 2407856101; 2407856107). DISTRICT 6 - BEACH Voting: 10-0 (By Consent) Council Members Voting Aye: William R, "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin August 14, 2007 - 65 - Item V-L 9, PLANNING ITEM #56701 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED INDEFINITELY Ordinance upon application of AGC ACQUISITION, L.L.C. for a Conditional Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF AGC ACQUISITION, L.L.c. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 AGRICULTURAL DISTRICT TO CONDITIONAL B-4 MIXED USE DISTRICT Ordinance upon application of AGC Acquisition, L.L.c. for a Change of Zoninz District Classification from AG-2 Agricultural District to Conditional B-4 Mixed Use District on property located at 1291 Nimmo Parkway (GPIN 2414161683), DISTRICT 7 - PRINCESS ANNE Voting: 10-0 (By Consent) Council Members Voting Aye: William R, "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin August 14, 2007 - 66 - Item V-L 10. PLANNING ITEM #56702 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED INDEFINITELY an Ordinance upon application of SOUTH HAMPTON ROADS HABITAT FOR HUMANITY, INC. for a Conditional Change of Zoning re the construction of a ten (10) unit residential condominium: ORDINANCE UPON APPLICATION OF SOUTH HAMPTON ROADS HABITAT FOR HUMANITY, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-7.5 TO CONDITIONAL A-I2 Ordinance upon Application of South Hampton Roads Habitat for Humanity, Inc.for a Change of Zoning District Classi[icationfrom R-7,5 Residential District to Conditional A-I2 Apartment District on property located on the east side of Zurich Arch, south of 1-264 (GPIN 1487939540), DISTRICT 3 - ROSE HALL Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin August 14, 2007 - 67- Item V-L 11 PLANNING ITEM #56703 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council MODIFIED Conditions upon application of PRINCESS ANNE COUNTRY CLUB, INC. placed upon a change in a Nonconforming Use (approved by City Council on March 12, 1991) at 3800 Pacific Avenuefor a request to allow three of the outdoor tennis courts to be enclosed with an air-supported structure on a seasonal basis December I through March 31, Application of Princess Anne Country Club, Inc. for a MODIFICATION OF CONDITIONS placed upon a Change in Nonconforming Use for a request approved by City Council on March 12, 1991. Property is located at 3800 Pacific Avenue (GPIN 2418942388). DISTRICT 6 - BEACH The following conditions shall be required: 1. The applicant shall obtain all the required permits and inspections and a certificate of occupancy from the Permits and Inspections division of the City of Virginia Beach Planning Department. 2. The proposed air-supported structure shall be installed on the three tennis courts as depicted on the submitted exhibit entitled "Air Structure Exhibit of a Portion of Parcel PAAC-J", prepared by MSA, PC, and dated 4/5/07. Said exhibit has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin Council Lady Wilson DISCLOSED re Item 11 (PRINCESS ANNE COUNTRY CLUB, INC.), she and her husband are Members of the Princess Anne Country Club. However, the City Attorney has advised she may participate in the discussion and vote, August 14, 2007 1 2 3 4 5 A RESOLUTION AUTHORIZING THE MODIFICATION OF CONDITIONS FOR THE ENLARGEMENT OF A NONCONFORMING USE APPROVED ON MARCH 12, 1991 ON PROPERTY LOCATED AT 3800 PACIFIC AVENUE, BEACH DISTRICT 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 WHEREAS, Princess Anne Country Club, Inc. (hereinafter the "Applicant"), has made application to the City Council for modification of conditions placed upon the approval of an enlargement of a nonconforming use on March 12, 1991 to allow the seasonal enclosure of tennis courts and related storage area on a certain lot or parcel of land having the address of 3800 Pacific Avenue, in the R-7.5 Residential District; and WHEREAS, the said use is nonconforming, as it is not presently a permitted use in the R-7.5 Residential District. This use was constructed prior to the adoption of the Princess Anne County or Town of Virginia Beach Zoning Ordinance; and WHEREAS, the prior approval allowed the permanent enclosure of four tennis courts, and the request is to modify this with the seasonal enclosure of three courts and the addition of a storage area; and WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the enlargement of a nonconforming use is unlawful in the absence of a resolution of the City Council authorizing such action upon a finding that the proposed use, as enlarged, will be equally appropriate or more appropriate to the zoning district than is the existing use; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby finds that the proposed modification of the conditions of approval on March 12, 1991 will be equally appropriate to the district as are the existing conditions. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the proposed modification of conditions is hereby authorized, with the following conditions: 1. The applicant shall obtain all the required permits and inspections and a certificate of occupancy from the Permits and Inspections division of the City of Virginia Beach Planning Department. 2. The proposed air-supported structure shall be installed on the three tennis courts as depicted on the submitted exhibit entitled "Air-Structure Exhibit of a portion of Parcel PACC-1", prepared by MSA, PC., and dated 4/5/07. Said exhibit has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of August, 2007. APPROVED AS TO LEGAL SUWfJJ;t ~N~ City Attorney's ~ffice CA10470 R-1 August 1, 2007 - 68 - Item V-L 12 PLANNING ITEM #56704 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AMEND Section 200 of the City Zoning Ordinance (CZO) by establishing minimum setbacks from certain bodies of water for single family and duplex dwellings. Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R, Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: John E. Uhrin August 14, 2007 1 AN ORDINANCE TO ESTABLISH MINIMUM 2 SETBACKS FROM PERMANENT BODIES OF 3 WATER FOR SINGLE-FAMILY AND SEMIDETACHED 4 DWELLINGS AND DUPLEXES 5 WHEREAS, the public necessity, convenience, general welfare and good zoning 6 practice so require; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That Section 200 of the City Zoning Ordinance be, and hereby is, amended and 12 reordained to read as follows: 13 14 15 (g) Erection of structures on lot. Except as herein provided, there shall be no more 16 than one (1) single-family detached dwelling, semidetached dwelling or duplex erected 17 on a lot; provided, however, that one (1) single-family detached dwelling and one (1) 18 ancillary single-family detached dwelling shall be allowed on lots within the R-5D(OB) 19 Residential Duplex District or any Apartment or Resort Tourist District within the Old 20 Beach Overlay District, in accordance with the provisions of section 1903. Except 21 where a qreater setback or buffer is required, the setback for any such dwellinq from a 22 permanent body of water shall be no less than five (5) feet. as measured from the mean 23 hiqh water mark of tidal bodies of water and from the normal water level of nontidal 24 bodies of water, in any zoninq district. 25 26 Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of 27 August, 2007. - 69- Item V-M..l. APPOINTMENTS ITEM #56705 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: COMMUNITY MEDICAL ADVISORY COMMISSION HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION August 14, 2007 - 70- Item V- P. ADJOURNMENT ITEM # 56706 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 8:38 P.M. ~__~_L~_~L~_ Beverly 0. Hooks, CMC Chief Deputy City Clerk ~~~. " City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia The Public Comment Session adjourned at 9:35 P.M. August 14, 2007 - 71 - OPEN DIALOGUE Non Agenda Items Donna Doddy, 1654 Mill Oak Drive, Phone: 467-3050, advised she is a 9-year employee of Virginia Beach Schools (Teacher Assistant), and cannot afford to insure her husband, resident of the Rosemont Forest area and her family is a victim of continual flooding. Mrs. Doddy is also concerned re the affect of W orkjorce Housing and the "ladder effect" which could cause more flooding. Mrs, Doddy referenced the Beacon article re the approval of Stumpy Lake Golf Course to connect to the City Sewage and Drainage system ($3.3-MILLION). Work will proceed starting in December and January. Mrs, Doddy suggested this Pump station be connected to Rosemont Forest. Fourteen (14) houses flooded in the last storm. Her new flood insurance quote is $3,800 a year. Andrew Hellmann, 1576 Bridle Creek Boulevard, Phone; 467-2612, victim of flooding in Rosemont Forest and as a result flood insurance has increased to $2,500, Mr, Doddy expressed concern re the Stumpy Lake Golf Course connection. Mr. Hellman requested the City provide some relief Lynn Henry, 3328 Scarborough Way, Phone: 430-1203, represented Scarborough Square Civic League. Ms, Henry referenced concern re the proposed RaceCo, The increased traffic will add to the potential for motor vehicle accidents, There already exists a Car Spot at the Corner of Lynnhaven and Holland Roads, three (3) gas stations at Shipps Corner, and another gas station/convenience store at Dam Neck and Holland Road. This item is scheduledfor the City Council Session of August 28, 2007. Marie Porath, 5100 Rugby Road, Phone: 717-0060, resident of Rosemont Forest, spoke reflooding and the issue of gang violence, Mrs, Porath care takes two (2) Hurricane Katrina survivors, her Sister and Mother. William Bailey, 4841 Rosecroft Street, Phone: 495-0637, expressed concern relative the new payroll system effective January First. The City will hold one (1) week's pay in abeyance. The City should advise the employees Gary F. Wilson, 1658 Mill Oak Drive, Phone: 635-2897, spoke re the Rosemont Forest Flooding. Mr. Wilson purchased his home in 1995 and this is the second time they have flooded. Wayne Doddy, 1654 Mill Oak Drive, Phone: 467-3050, spoke re the Rosemont Forest Flooding and requested assistance. August 14, 2007