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Home My WebLink AboutSEPTEMBER 4, 2007 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYORMEYERA E, OBERNDORF, At-Large VICE MAYOR LOUIS R, JONES, Bayside - District 4 WILLIAM R. DeSTEPH, At-Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M DYER" Centerville - District 1 BARBARA M HENLEY, Princess Anne - District 7 REBA S. McCLANAN, Rose Hall - District 3 JOHN E, UHRIN, Beach - District 6 RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA CITY MANAGER - JAMES K. SPORE CITY A1TORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES FRASER, MMC 4 SEPTEMBER 2007 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com I. CITY MANAGER'S BRIEFINGS - Conference Room - 2:00 PM A. ANIMAL CONTROL FEES Dave Hansen, Chief of Finance and Technology B. LAND USE ITEMS REVIEW Jack Whitney, Director of Planning II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA V. INFORMAL SESSION - Conference Room - 3:30 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf 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. Obemdorf B. INVOCATION: Reverend Dan B. Goff Calvary Assembly of God C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS August 28, 2007 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARING 1. EXCESS CITY PROPERTY 1250 Bayne Drive re Fire Station No.8 I. PUBLIC COMMENT 1. COMMUNITY LEGISLATIVE AGENDA 2. INDOOR SPORTS FACILITY Princess Anne Commons J. CONSENT AGENDA K. ORDINANCES/RESOLUTION 1. Ordinance to AMEND SS33-53 and 33-63 of the City Code re permits for pending utility work involving public streets and/or rights-of-way with notification to residents of adjacent properties - [Requested by Council Lady Wilson] 2. Ordinance to AUTHORIZE a Cooperative Agreement with the Virginia Beach School Board re legal services thereto by the City Attorney for FY 2008. 3. Ordinances re the Virginia Beach Rescue Squad, new Great Neck Rescue Station: a. AUTHORIZE $5,000,000 interest free loan, establish a Capital Improvement Program (CIP) and TRANSFER $750,000 b. DECLARE 2.46 acres at 1250 Bayne Drive as Excess Property 4. Ordinances to ACCEPT and APPROPRIATE supplemental federal and state funds: a. $11,871,000 re Witchduck Road-Phase I site acquisition b. $45,000 re full-time Probation Officer for Community Corrections; $110,000 re Clinician II and III in the Child and Youth Program; $326,412 re services to mentally ill adults; and $255,928 re one-time start-up costs for Biznet in the Department of Human Services 5. Resolution re the FY-2007-08 State Performance Contract between the Virginia Beach Community Services Board (CSB) and the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services (MH/MR/SA) L. APPOINTMENTS HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL PUBLIC LIBRARY BOARD TIDEWATER COMMUNITY COLLEGE BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WORKFORCE HOUSING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ********************************** PUBLIC COMMENTS Non-Agenda Items ********************************** CITYWIDE TOWN MEETINGS October 16, 2007 Location to be Announced - 7:15 pm FY 2008-2010 Budget January 15, 2008 Location to be Announced -7:15 pm Swrmwa~rPfflnsandFunmng ********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** Agenda 9/4/07/5t www.vbgov.com - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 4, 2007 Mayor Oberndorf called to order the City Manager's Briefing re ANIMAL CONTROL FEES in the City Council Conference Room, City Hall, on Tuesday, September 4, 2007, at 2:00 P,M Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin and James L. Wood Council Members Absent: Ron A. Villanueva [Entered: 2:15 P.MJ Rosemary Wilson [Entered: 2:20 P.MJ September 4, 2007 - 2 - CITY MANA GER 'S BRIEFING ANIMAL CONTROL FEES 2:00 P.M. ITEM # 56780 David Hansen, Chief of Finance and Technology, recognized John Atkinson - City Treasurer, Sharon Adams, Executive Director - Society for the Prevention of Cruelty to Animals (SPCA) , Associate City Attorney Kathy Rountree and Captain Kevin Perry - Animal Control (the participants relative this analysis of animal control fees). Mr. Hansen also expressed appreciation to Rich Quinn, Reporter - The Virginian-Pilot, concerning his exemplary front page coverage. Following the Leroy Dive briefing, City Staff was requested to review and assess the current fee structure associated with the animal control mission. ).> Current dog/cat licensing compliance is under 10% ).> Vets now required to submit rabies vaccination data ).> Current license fee caps established by General Assembly are pre-1993 ).> Costs for this public safety mission are borne by the General Fund ).> License renewal is thru the mail or performed at a few sites ).> Impoundment fees do not escalate with additional occurrences ).> Impoundmentfee structure is pre-1984 ).> Costs of incineration are not covered by the fees ).> Animal controlfacility is the City's #1 facility replacement project Compliance ).> In 2006 only 23,310 dog/cat licenses were issued ).> Current estimate is there are 297,850 dogs/cats in the City ).> 7.8% compliance rate ).> Matter of convenience versus civil disobedience ).> Current process is a burden ).> Need a better way - need some help Reporting Requirement Code of Virginia 3.1-796.87:1 Requires all Veterinarians, within 45 days of vaccination, to provide the City Treasurer's Office, the rabies vaccination certificate for each dog vaccinated, effective August 2007. Opportunity for Assistance: Veterinarians collect license fees and remit on a monthly basis along with a report of issuance. ).> Voluntary ).> Convenient service for their clients ).> Can include cats as well as dogs ).> Potential to ease reporting complexity ).> $1 assistance fee Recommendation *: Implement voluntary Veterinarian support to authorize as appointed agents Potential outcome: 75% compliance rate for licensing dogs and cats *Permissiblefor City Council action September 4, 2007 - 3 - CITY MANA GER 'S BRIEFING ANIMAL CONTROL FEES ITEM # 56780 (Continued) License Fees ~ Since pre-1993, the State cap is $10 ~ City ordinance: non-neutered/spayed = $10 neutered/spayed = $ 2 ~ 2006 animal license revenue = $73,524 ~ City licensing has only been authorized for one year at a time Recommendation *: Increase license fees to $7 for neutered/spayed dogs and $5 for neutered/spayed cats. Authorize multi-year licenses to coincide with rabies vaccinations Potential outcome: At 75% compliance rate for licensing dogs and cats, projected net revenue will increase to $1.1M * Permissible for City Council action Current Impoundment Fee ~ Since 1984: $25 per incident plus $10 per day ~ Currentfirst day cost is $50.05 ~ Current cost for subsequent days is $1.95 Recommendation *: Change impoundment fee for first day to $50 and for each subsequent day to $2 Potential outcome: Fees will accurately cover updated operational costs *Permissible for City Council action Per Year License Fee Cap ~ State statute caps license fee at $10 ~ In effect since 1984 ~ Does not encourage neutering/spaying Recommendation *: Increase cap for licensing dogs/cats to $25 and maintain encouraging differential between neutered/spayed and non-neutered/non-spayed licensing Potential outcome: Allows City to raise the non-neutered/non-spayed fee *Requires General Assembly Action September 4, 2007 - 4 - C IT Y MANA G E R 'S B R IE FIN G ANIMAL CONTROL FEES ITEM # 56780 (Continued) Escalating Impound/Recovery Fee ~ State Statute allows impoundment fee to cover operational costs ~ Results in same fee for each subsequent offense ~ Escalating fee structure reinforces policy of ownership responsibility Recommendation *: Establish an escalating impoundment fee structure 1st offense: $50 2nd offense: $75 3rd and subsequent: $l-M) $100 Potential outcome: Reinforces policy requiring owner management of animal behavior *Requires General Assembly Action Cap on Cremation Fees ~ Current State statute establishes caps on cremation fees ~ $75 for animals and $25 for fowl ~ Intent of State statute is to allow recovery of costs ~ Energy costs have increased significantly ~ Cost highly dependent on size/weight of animal ~ Costs should include a depreciation cost for life cycle replacement Recommendation *: Eliminate cap on cremation costs Potential outcome: Allows municipalities to recover true costs and establish competitive rates *Requires General Assembly Action Veterinarians as Designated Agents ~ Reinforces voluntary program ~ Expands reporting requirement ~ Increases convenience for citizens ~ Increases compliance rate ~ Partners business and government Recommendation *: allow localities to require Veterinarians to offer licenses for sale Potential outcome: Improve compliance rates *Requires General Assembly Action September 4, 2007 - 5 - C IT Y MANA G E R 'S B R IE FIN G ANIMAL CONTROL FEES ITEM # 56780 (Continued) SUMMARY OF RECOMMENDATIONS City Council Ordinance ~ Authorize voluntary Veterinarian license fee sales ~ Increase licensefeesfor neutered/spayed dogs to $7 & cats to $5 ~ Authorize multi-year licenses ~ Change impoundment fees to $50/first day & $2/subsequent days General Assembly Statute ~ Increase license fee cap to $25 ~ Authorize escalating impoundmentfee of$50/$751$-M() $100 ~ Eliminate cap on cremation fees ~ Authorize localities to require license fee collection by veterinarians Possible Implementation FY 2008 ~ Align fees with operational and lifecycle costs ~ Reinforce animal control policy & owner responsibility ~ Improve compliance rates ~ Reduce burden on real estate taxpayers ~ September 4: ~ September 11: ~ September 25: ~ November 1: ~ October 15: ~ July 1: ~ October 1: FY 2009 City Council Briefing Public Comment Council Decision Earliest effective date for City Ordinance changes Submit legislative agenda items Dedicate fee revenue to Leroy Drive Public Safety CIP A ward contract for construction FY2010 ~ September 1: Open new Animal Controlfacility September 4, 2007 - 6 - C IT Y MANA G E R 'S B R IE FIN G ANIMAL CONTROL FEES ITEM # 56780 (Continued) SUMMARY OF RECOMMENDATIONS Mr. Hansen advised eliminating the "cap" on cremation costs will allow the City to review the financial analysis of whether or not to take on the cremation of large animals. Large animal incinerators cost between $85,000 and $100,000. A reasonable fee would have to be determined to offiet the City cost, Captain Perry will provide information relative the number of individuals citedfor pets not having rabies vaccinations. The City Council asked that the section in the Community Legislative Agenda regarding General Assembly authorization to provide the localities the option to "mandate" the collection of license fees by Veterinarians be removed. The voluntary route was suggested to try first. As per City Council's direction Community Legislative Agenda Item #7 has been MODIFIED reducing third impoundment fees from $150 to $100. September 4, 2007 - 7 - C IT Y MANA G E R 'S B R IE FIN G LAND USE ITEMS REVIEW 3:10 P.M. ITEM # 56781 Jack Whitney, Director of Planning, provided information in advance of upcoming land use cases for the month of September that may be controversial or particularly significant. These Briefings will allow any City Council Member to request additional information, ask questions and visit the site earlier in the process, well prior to the item appearing on the City Council's Agenda September 11,2007 HOFFMAN BEVERAGE CO. 5464 Greenwich Rd -DISTRICT 2, KEMPSVILLE Use Permit for Motor Vehicle Repair Evaluation and Recommendation Planning Staff recommended approval with conditions typical for auto repair Planning Commission recommends approval (9-0) Consent agenda item at Planning Commission Hearing There was no opposition RekvantInformauon Currently repair their fleet vehicles Desire to repair vehicles of employees and the vehicles of firms doing business with them. PPB, LLC 3228 Page Avenue -DISTRICT 5, LYNNHA VEN Use Permitfor Multi-family Residential Evaluation and Recommendation Planning Staff recommended approval with conditions Building design complies with Shore Drive Guidelines Live Oaks on site will be transplanted to new location and applicant will donate to fund for oak restoration Planning Commission recommends approval (9-0) There was opposition (concerns about views being destroyed by residents in the new units) RekvantI~ormauon AICUZ is Less Than 65 dB 12 units on 1.975 acres (6 units per acre -only ~ of the density allowed by ordinance) September 4, 2007 - 8 - C IT Y MANA G E R 's B R IE FIN G LAND USE ITEMS REVIEW ITEM # 56781 (Continued) VIRGINIA BEACH PUBLIC SCHOOLS Street Closures for Virginia Beach Middle School DISTRICT 6, BEACH Evaluation and Recommendation Planning Staff recommended approval Planning Commission recommends approval (10-0) -Consent Agenda There was no opposition RekvantInformation Street Closures will allow construction of new school to replace existing VBMS. ADDENDUM (to September 11, 2007 City Council Agenda) JOANNE S. FERRELL and EDITH JOHANNA SMITH 213 and 217 Louisa Avenue DISTRICT 6, BEACH Conditional Change of Zoning R-5D to Conditional B-2 Evaluation and Recommendation Planning Staff recommended approval Planning Commission recommends denial (7-3-1) There was no opposition RekvantInformation Site is within greater than 75 AICUZ and APZ-2 Rear portions of lots fronting on Luisa Avenue would be subdivided, joined with parcel fronting on First Colonial Road and rezoned to B-2 Single-family homes will remain and lots will meet all Zoning Ordinance requirements September 4, 2007 - 9 - CITY MANA GER 'S BRIEFING LAND USE ITEMS REVIEW ITEM # 56781 (Continued) September 25, 2007 SYL VIA ESTES 1628 Mill Landing Rd -DISTRICT 7, PRINCESS ANNE Use Permit for Alternative Residential Development Evaluation and Recommendation Planning Staff recommended approval. Planning Commission recommends denial (8-0) There was opposition RekvantInformation Requests 4 additional lots for a total of 5 Lots rangefrom 1.65 acres to 19.62 acres Floodplain variance is also requested to allow several ditches to beftlledfor the roadway that serves 4 of the lots LOT 26, LLC 491-99 London Bridge Rd -DISTRICT 6, BEACH Use Permit for Auto Repair Garage Evaluation and Recommendation Planning Staff recommended approval with conditions typical for auto repair Use is compatible with this AICUZ Planning Commission recommends approval (9-0) Consent Agenda item at Planning Commission Hearing There was no opposition RekvantInformation AICUZ is greater Than 75 dB Expansion of an existing repair facility within one of the buildings (granted a CUP in 1989). Applicant desires to expand the facility to include the entire site. September 4, 2007 - 10- C IT Y MANA G E R 'S B R IE FIN G LAND USE ITEMS REVIEW ITEM # 56781 (Continued) J.D. VALLEY 6119 Indian River Rd -DISTRICT 1 -CENTERVILLE Use Permit for Auto Sales Evaluation and Recommendation Staff recommended approval with conditions. Planning Commission recommends approval (7-1-1) There was opposition RekvantI~ormauon Fifty (50) vehicles for sale on the lot, and there will be at least five (5) employees on site Existing building will be used Monument-style sign to replace the existing free-standing sign Street frontage and foundation landscaping will be required KRAMBIAS Use Permit for Auto Rental 5232 Virginia Beach Boulevard/ BAYSIDE DISTRICT Evaluation and Recommendation Planning Staff recommended approval with conditions typical for auto sales and rental Planning Commission recommends approval (9-0) - Consent agenda item at Planning Commission Hearing There was no opposition RekvantInformauon Provide service primarily to individuals who are having their vehicles repaired at other facilities. Existing building will be demolished and a new urban-style building will be constructed CITY OF VIRGINIA BEACH Assembly Uses and Religious Facilities City Zoning Ordinance Amendment (Deputy City Attorney William Macali had previously provided information to City Council concerning this Amendment on July 17, 2007.) Future information concerning the Planning Items to be considered by the City Council the following month, shall be provided during the Workshop Meetings on the Third Tuesday of each Month September 4, 2007 - 11 - CITY COUNCIL LIAISON REPORTS 3:25 P.M. ITEM # 56782 Councilman DeSteph, Liaison - Southeastern Public Service Authority (SPSA), advised the Department of Environmental Quality (DEQ) have forwarded correspondence warning of violations. This correspondence is relative the City of Suffolk, not Virginia Beach. ITEM # 56783 Council Members Diezel and Uhrin, Liaisons to the Towing Advisory Board, will be meeting with this Board in the very near future. Councilman Diezel has received reports the authorization of credit cards for payment oftowingfees has proved to be effective, Councilman Diezel advised Barry Shockley, Management Services, very efficiently catalogues all complaints, Mayor Oberndorf referenced her correspondence explaining neighborhood towing as opposed to utilization of public lots. There is a misunderstanding. ITEM # 56784 Councilman Uhrin, Liaison - Resort Advisory Commission, advised the Transportation and Pedestrian Issues Subcommittee of RAC will be reviewing potential changes in the Residential Parking in the Resort area. September 4, 2007 - 12 - CITY COUNCIL COMMENTS 3:37 P.M. ITEM # 56785 Mayor Oberndorf referenced the magnificent activities this past weekend encompassing the American Music Festival Rock 'n' Roll Half Marathon. On Sunday, August 31, 2007, over 17,000 participants crossed the finish line this year andfive hundred (500) ran with one of the eight official charities, raising over $1.3-MILLION These Elite Racers are dedicated individuals. Mayor Oberndorf congratulated the City Manager re the professionalism of his staff, Jim Ricketts, Director of Convention and Visitors Bureau, Bobby Melatti, Peter Lawrence and all others involved in the Beach activities have worked very hard for many years to produce this quality product. Councilman DeSteph advised he and his wife ran in the Marathon and had thoroughly enjoyed participating. The Congressional Running Club from Washington, D.C also participated and will be organizing another group to return to Virginia Beachfor the Shamrock Marathon. Councilman DeSteph viewed the events of The American Music Festival (August 31- September 2) from Fifth Street to Thirty-First Street, Virginia Beach Oceanfront. Councilman DeSteph heard only positive comments from the attendees of the activities. ITEM # 56786 Councilman DeSteph referenced the communications "roll out" plan for the Human Resources New Payroll System, prepared by Dave Hansen, Chief of Finance and Technology. Copies were distributed to City Council. ITEM # 56787 Councilman DeSteph referenced the Ordinance ADOPTED by City Council on August 28, 2007, re VETSHOUSE: Ordinance A UTHORIZING the City Manager to execute a Lease for five (5) years or less to VETSHOUSE, INCORPORATED for homeless veterans at 200 N. Oceana Boulevard. Councilman DeSteph advised this home was acquired as a result of the BRAe. Before being occupied, Andy Friedman's Department of Housing and Neighborhood Preservation is arranging for painting the inside of the house (Friday, September 7, 2007). Jeff Murphy, of Production Painting, is donating the paint and supplies. Mike Standing - Waterman's, is donating the food for all the Volunteers, This will be the City's "Day of Caring " and many employees will become "Volunteers ". September 4, 2007 - 13 - CITY COUNCIL COMMENTS ITEM # 56788 Council Lady McClanan distributed a Proposed Resolution (Requested by Council Members McClanan and Dyer). Said resolution is hereby made a part of the record: Resolution regarding Department Director and Chief Vacancies, Council Lady McClanan requested Council Members review and advise their comments prior to schedulingfor afuture City Council Session. ITEM # 56789 Mayor Oberndorf expressed appreciation to the City Attorney for the recognition received when two (2) other cities advised they are establishing their Freedom of Information Offices (FOIA) to mirror the concepts of the Virginia Beach City Attorney's office. The City Attorney advised representatives of these cities visited his offices and the staff enjoyed sharing their information. September 4, 2007 - 14 - AGENDA RE VIE W SESSION 3:33 P.M. ITEM # 56790 The City Clerk advised the City Council Agenda of September 4, 2007, was not printed in THE BEACON Two (2) weeks ago, the City Clerk was advised of a new deadline of 2:00 P.M., Thursday, This week the Agenda was sent to The Beacon by 1:00 P.M, and Virginia Cruciano, Editorial Assistant, still advised: "Due to lack of space, the City Council Agenda will not be posted in this Sunday's edition. Instead, there will be a notice directing the public to the City's website. " The City Clerk checked with other localities, two of whom have advised they never missed having an Agenda printed in The Virginian Pilot in their particular local section (similar to our BEACON). Councilman Wood advised two (2) full pages of The Beacon were dedicated to other Public Meetings and he was surprised the publication could not find the space for the City Council Agenda as a public service.. Mayor Oberndorf shall write The Beacon on behalf of the City Council requesting and citing the importance of the Agenda publication. ITEM # 56791 3, Ordinances re the Virginia Beach Rescue Squad, new Great Neck Rescue Station: a. AUTHORIZE $5,000,000 interestfree loan, establish a Capital Improvement Program (CIP) and TRANSFER $750,000 b. DECLARE 2,46 acres at 1250 Bayne A'le1'lble Drive as Excess Property Councilman Wood corrected Item b. Bayne Drive should not be Avenue. ITEM # 56792 BYCONSENSUS, thefollowing items shall compose the CONSENT AGENDA: K ORDINANCES lRESOLUTION 1. Ordinance to AMEND ~ ~33-53 and 33-63 of the City Code re permits for pending utility work involving public streets and/or rights-of-way with notification to residents of adjacent properties - [Requested by Council Lady Wilson) September 4, 2007 - 15 - AGE N DA REV IE W S E S S ION ITEM # 56792 (Continued) 2. Ordinance to AUTHORIZE a Cooperative Agreement with the Virginia Beach School Board re legal services thereto by the City Attorney for FY 2008. 3. Ordinances re the Virginia Beach Rescue Squad, new Great Neck Rescue Station: a. AUTHORIZE $5,000,000 interest free loan, establish a Capital Improvement Program (CIP) and TRANSFER $750,000 b. DECLARE 2.46 acres at 1250 Bayne Drive as Excess Property 4. Ordinances to ACCEPT andAPPROPRIATE supplementalfederal and state funds: a. $11,871,000 re Witchduck Road-Phase I site acquisition b. $45,000 re full-time Probation Officer for Community Corrections; $110,000 re Clinician II and III in the Child and Youth Program; $326,412 re services to mentally ill adults; and $255,928 re one-time start-up costs for Biznet in the Department of Human Services 5. Resolution re the FY-2007-08 State Performance Contract between the Virginia Beach Community Services Board (CSB) and the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services (MH/MR/SA) September 4, 2007 - 16 - ITEM # 56793 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 Peiformance 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: ARP Property ARP Property Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION (3:42 P.M.). Voting: 11-0 Council Members Voting Aye: William R, "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E, Oberndorf, John E, Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None (Break: 3:44 P.M. -3:52 P.M.) (Closed Session: 3:52 P.M. - 5:30 P.M.) (Dinner: 5:30 P.M. - 5:50 P.M.) September 4, 2007 - 17 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL September 4, 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, September 4, 2007, at 6:00 P.M Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Reverend Dan B. Goff Calvary Assembly of God PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial'') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial, and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure, Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order 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. September 4, 2007 - 18 - 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. September 4, 2007 - 19- Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 56794 Upon motion by Councilman Wood, seconded by Councilman Dyer, 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: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 4, 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 #56793, Page 16, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOfY, 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. uth Hodges Fraser, MMC City Clerk September 4, 2007 - 20- Item V-F.1. MINUTES ITEM # 56795 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of August 28, 2007. Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 4, 2007 - 21 - Item V-G 1. ADOPT AGENDA FOR FORMAL SESSION ITEM 56796 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION September 4, 2007 - 22- Item V-H. 1. PUBLIC HEARING ITEM 56797 Mayor Oberndorf DECLARED A PUBLIC HEARING: EXCESS CITY PROPERTY 1250 Bayne Drive re Fire Station No.8 There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. September 4, 2007 - 23 - Item V-Li. PUBLIC COMMENT ITEM 56798 Mayor Oberndorf INVITED PUBLIC COMMENT: COMMUNITY LEGISLATIVE AGENDA There being no speakers, Mayor OberndorfCLOSED THE PUBLIC COMMENT. September 4, 2007 - 24- Item V-L2. PUBLIC COMMENT ITEM 56799 Mayor Oberndorf INVITED PUBLIC COMMENT: INDOOR SPORTS FACILITY Princess Anne Commons The following registered to speak in SUPPORT: Tom Coghill, 804 Surftide Avenue, Phone 422-3425, requested City Council first address the proposed 5K Loop prior to addressing plans for new development in the approximate 60 acres adjacent to the Sportsplex. Mr. Coghill spoke relative reducing childhood obesity problems by bicycle riding. Said statement is hereby made a part of the record Dick Whalen, 1276 Mossy Oaks Court, Phone: 496-0274, Director of Sand Soccer Tournament, represented the Hampton Roads Soccer Complex. The soccer demand has continued to grow and now they are out of space. Additional lighted turf soccer fields are needed as well as an Indoor Soccer facility. Andy Walker, 2472 Tranquility, Phone: 689-8157, Executive Director - Virginia Beach Soccer Club, representing approximately 3500 youth athletes Cheryl Smith, 754 Casual Court, Phone: 23454, Phone: 831-9360, Founder/Director/Coach - Virginia Beach Volleyball Academy, Volleyball Coach - Landstown High School represented all the Volleyball Clubs in the area. There is a needfor more competitive Volleyball facilities Randy West, 4109 Eastham Road, Phone: 831-9360, Teacher and Volleyball Coach - Landstown Middle School and Coach of two (2) Parks and Recreation teams. Chuck Thornton, 2477 Piney Bark Drive, Phone: 689-2471, Co-Owner and Co-Founder - Hometown Heroes Sports Pub, has long standing relationship with Parks and Recreation and many of the Volleyball Youth and Adult Leagues, serving as sponsor Dave Lowman, 4540 Centralia, Phone: (804) 512-3967, advised he is building a sports complex on Baker Road, comprised of 200,000 square feet. There will be memberships in this facility, which will be backed by professional football players, Mr. Lowman believes this area could be a "Regional Disney". Mayor Oberndorf referenced the correspondence of Donald V. Jellig, Chair - Virginia Beach Development Authority dated September 4, 2007, re Princess Anne Sports Corridor/Indoor Sports Venue Study. Mayor Oberndorf quoted the last paragraph: "While we support the development of additional recreational facilities in our City, we feel it is important to utilize our limited land inventory for its highest and best use, This may be an opportunity to do both. We look forward to working together with Parks and Recreation to develop a mutually acceptable site plan, jointly craft a RFP and evaluate responses to meet our goals for the Princess Anne Commons Corridor. " September 4, 2007 - 25 - Item V-L2. PUBLIC COMMENT ITEM 56799 (Continued) Cindy Curtis, Director of Parks and Recreation, advised the public has given a very good indication re lack of additional space for use of leagues. Parks and Recreation Centers are completely booked with activities in their gymnasiums including recreation leagues, as well as rentals. There is not capacity to handle the needs of the community, An Indoor Sports Venue would increase the opportunities available for leagues to practice and play. The 5K Loop is currently in the design concept stage. A consultant is working with staff and stakeholders to develop options for consideration within Princess Anne Commons in terms of the location of this Loop. A variety of options will be prioritized and made available for City Council's consideration. This concept will be brought forward during the Budget process. Ms. Curtis assured City Council it is Parks and Recreation's intent to work together as City stakeholders to develop a Request for Proposal (RFP) process within the perimeters provided to retain the highest and best use of this land (Indoor Sports Venue) and hopefully to meet, if not all, the majority of the requests heard tonight and by other citizens, as well. Parks and Recreation believes this to be an opportunity for a return on investment for this property which can jointly hold both commercial and retail, as well as athletic venues that are retail oriented. Parks and Recreation is working closely with the Economic Development Department. There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC COMMENT September 4, 2007 - 26- Item V.K. ORDINANCES/RESOLUTION ITEM #56800 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION Ordinances/Resolution 1, 2, 3 a/b, 4 a/b and 5 of the CONSENT AGENDA Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E, Uhrin, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None September 4, 2007 - 27- Item V,Kl. ORDINANCES/RESOLUTION ITEM #56801 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AMEND ~~33-53 and 33-63 of the City Code re permits for pending utility work involving public streets and/or rights-ofway with notification to residents of adjacent properties - [Requested by Council Lady Wilson) Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 4, 2007 REQUESTED BY COUNCILMEMBER WILSON 1 AN ORDINANCE TO AMEND SECTIONS 33-53 AND 33-63 2 OF THE CITY CODE PERTAINING TO PERMITS FOR 3 WORK ON, UNDER OR OVER A STREET OR PUBLIC 4 RIGHT-OF-WAY 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 9 That Sections 33-53 and 33-63 of the Code of the City of Virginia Beach, Virginia 10 are hereby amended and reordained to read as follows: 11 12 Sec. 33-53. Application. 13 14 (a) Application for a permit required by this division shall be filed on forms 15 supplied by the city. Such application shall show all required information and be signed 16 by the applicant or his authorized agent. Such application shall include a description of 17 the work to be doneJ. afl€I. a sketch or site plan showing such work, if required by the city 18 manager or his designee. a statement as to whether subcontractors will perform any 19 work pursuant to the permit and. if so. the name, business address, and telephone 20 number of each subcontractor. and the name and telephone number of an employee, 21 aqent or representative of the applicant who is responsible for supervisinq the 22 subcontractors. 23 24 25 Sec. 33-63. Contents. 26 27 (a) Permits issued under this division shall specify the manner and the 28 conditions under which the permitted work shall be done. Unless otherwise specified in 29 the permit, every permit issued shall be deemed to include the following provisions: 30 31 (1) Public travel shall be protected by adequate lights, barricades and 32 appropriate warning signals and signs at all times. For maintenance of 33 traffic, the permit shall be accompanied by a traffic maintenance/control 34 plan indicating proposed measures for adequate traffic maintenance and 35 such plan shall be approved by the traffic engineer. 36 37 (2) Public travel shall be blocked only in the manner specified in the permit 38 and as depicted on the traffic maintenance/control plan approved by the 39 traffic engineer. 40 (3) Pavement shall be used for piling or storing of excavated material or for 41 deposit of material and the placing of equipment only as specified in the 42 permit. 43 44 (4) The maximum amount of ditch, trench or other excavation to be opened at 45 one time shall not exceed five hundred (500) feet, including the backfilled 46 portion of any trench which is not in condition for public travel, unless the 47 city manager or his designee finds reason for exception. 48 49 (5) All backfilling of excavations shall be done to a ninety-five (95) percent 50 density compaction. Compaction by using water shall not be permitted. 51 52 (6) On pavement cuts, the pavement shall be restored to its former 53 dimensions, cross-section and profile, with material conforming to city 54 specifications. 55 56 (7) No tree roots shall be cut to the extent of rendering the tree unsafe and, if 57 possible, tunneling through or under roots instead of cutting anchor roots 58 shall be followed. 59 60 (8) Shoulders, ditches and drainage mediums shall be left in the same 61 condition as found or as specified in the permit. 62 63 (9) The permittee agrees to repair any sinks in the backfill or pavement 64 occurring within one year after the work done under the permit is 65 completed. 66 67 (10) If entrances to adjacent property are affected, the permittee shall, if 68 practical, provide temporary facilities for safe ingress and egress to such 69 property. 70 71 (11) The permittee agrees to restore the street to a satisfactory condition 72 consistent with adjoining sections of the street. 73 74 (12) The permittee agrees, by the acceptance of the permit in question, to 75 indemnify, keep and hold the city free and harmless from liability on 76 account of injury or damage to persons or property growing out of activity 77 authorized by the permit, whether suit is brought against the city either 78 independently or jointly with the permittee. 79 80 (13) The permittee agrees, by the acceptance of the permit in question, upon 81 notice in writing, to remove or relocate any structure or installation placed 82 in, on, under or over any street, if such structure or installation interferes 83 with the use of the street. 84 85 (14) The permittee shall promptly report {tel to the city manager or his 86 designee when the work authorized by the permit is completed. 87 88 l.1ID. The permittee shall provide written notice to any and all adiacent private 89 property owners prior to performinQ work in public riQhts-of-way that are 90 adiacent to private properties. Such notice shall include the followinQ: 1) 91 the full name of the permittee; 2) the permit number; 3) when the work will 92 be performed; 4) the name and telephone number of the emplovee. aQent, 93 or representative of the permittee who is responsible for supervisinQ the 94 work; and 5) the telephone number for the city's permittinQ office. The 95 written notice shall be provided to the private property owner bv a door 96 hanQer on the property owner's front door, which shall be placed on the 97 door at least twenty-four (24) hours prior to permittee commencinQ work. 98 but no more than seven (7) days before such work is commenced. In the 99 case of an emerQencv in which the permittee is required to immediatelv 100 commence repair work, the permittee shall provide the written notice 101 described herein, but the notice may be provided contemporaneouslv with 102 the commencement of the repair work. 103 104 (b) When any work or installation for which a permit is required by this division 105 will or may disturb or obstruct any natural or artificial drainage medium, including 106 ditches, storm sewers, ravines and the like, the permit shall specify the manner in which 107 surface water shall be controlled during the progress of the work and thereafter, if the 108 disturbance or obstruction is a permanent nature. 109 110 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 4th day 111 of September, 2007. - 28- Item V.K.2. ORDINANCES/RESOLUTION ITEM #56802 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AUTHORIZE a Cooperative Agreement with the Virginia Beach School Board re legal services thereto by the City Attorney for FY 2008. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 4, 2007 1 AN ORDINANCE APPROVING A COOPERATIVE 2 AGREEMENT BETWEEN THE CITY COUNCIL AND 3 THE VIRGINIA BEACH SCHOOL BOARD FOR THE 4 PROVISION OF LEGAL SERVICES TO THE BOARD 5 BY THE OFFICE OF THE CITY ATTORNEY IN FISCAL 6 YEAR 2008 7 8 9 WHEREAS, the Office of the City Attorney has, for a number of years, provided 10 legal services to the Virginia Beach School Board and School Administration pursuant to 11 Cooperative Agreements; 12 WHEREAS, the Cooperative Agreement for FY 2007, which expired on June 30, 13 2007, provides that "[t]his Cooperative Agreement ... may be revised, as necessary, and 14 renewed each fiscal year ...;" and 15 WHEREAS, City Council agrees that it is in the best interests of the City and the 16 School Board for the Office of the City Attorney to continue to provide legal services to the 17 School Board pursuant to the revised Cooperative Agreement for FY 2008. 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 1. That the City Council hereby approves the Cooperative Agreement for FY 21 2008, a copy of which is attached hereto. 22 2. That the Mayor is hereby authorized to execute the Cooperative Agreement 23 on behalf of the City Council. 24 Adopted by the Council of the City of Virginia Beach, Virginia on the 4th day of 25 September ,2007. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: f~ City Attorney ~ CA 10490 R-1 August 28, 2007 COOPERATIVE AGREEMENT BETWEEN THE CITY COUNCIL AND THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH PERTAINING TO LEGAL SERVICES TO BE PROVIDED TO THE SCHOOL BOARD AND SCHOOL ADMINISTRATION BY THE OFFICE OF THE CITY ATTORNEY IN FISCAL YEAR 2008 Factual Backeround: 1. City Charter Authority. Chapter 9 ofthe Charter of the City of Virginia Beach, Virginia ("City Charter") provides that the City Attorney shall be the chief legal advisor of the City Council, the City Manager, and all departments, boards, commissions and agencies of the City in all matters affecting the interests of the City, and that he shall have such powers and duties as may be assigned by the Council. 2. Appointment of City Attornev. The City Charter also provides that the City Attorney is appointed by the City Council and serves at its pleasure. 3. School Board Authority. The School Board is established by the Virginia Constitution, the City Charter, and provisions of genera11aw, and is a body corporate vested with all of the powers and duties of local school boards conferred by law, including the right to contract and be contracted with, to sue and be sued, and to purchase, take, hold, lease, and convey school property both real and personal. 4. School Board Authoritv to Hire Leeal Counsel. The School Board is authorized by Section 22.1-82 of the Code of Virginia (1950), as amended, to employ counsel to advise it, and to pay for such advice out of funds appropriated to the School Board. 5. Recoenized Reasons to Share Leeal Services. Both the City Council and the School Board have recognized that the reasons for sharing services of the City Attorney's Office include potential savings to taxpayers, expertise of the City Attorney's Office in City and School Board matters, institutional memory, and the ability of the City Attorney's Office to provide a wide range of legal services to the Board based on the expertise of the attorneys in numerous specialized areas of the law. 6. Professional Jud2ment of City Attornev. The Virginia Rules of Professional Conduct for the Legal Profession require the independent professional judgment of the Office of the City Attorney on behalf of its clients. 7. Potential Ethical Conflicts. The City Council and the School Board recognize that the potential for conflicting interests between the Council and School Board may arise and that, in such cases, the City Attorney must refrain from representation of interests which may conflict. 8. Identification of Conflicts. The City Council and the School Board also recognize that they must work together and with the City Attorney to identify any real or perceived potential for conflict at the earliest possible time, advise each other and the City Attorney of any such conflict as soon as it arises so as not to compromise the interests ofthe City Councilor the School Board, and assist the City Attorney in avoiding any violation or appearance of violation of the Code of Professional Responsibility. 9. Continuation of Services. The City Council and the School Board further recognize that it remains in the best interest of the taxpayers of the City for the School Board to continue to use the legal services of the Office of the City Attorney to the extent that no real or perceived conflict is present, and to the extent the City Attorney is budgeted and staffed to handle assigned legal business of the School Board. Objectives: The objective of this Cooperative Agreement is to define the scope and nature of the relationship between the City Attorney's Office and the School Board, to provide for the delivery of designated legal services to the School Board, and to avoid any real or perceived conflict in the delivery of those services. 2 Al!reement: NOW, THEREFORE, the City Council and the School Board hereby agree as follows: 1. Lel!al Staffinl!. The Office of the City Attorney will provide the equivalent of two and one half (2 Yz) attorney positions (or 4,125 hours per year) and one (1) secretarial position during FY 2008 these services to be provided as follows: A. The City Attorney will dedicate two attorneys on-site at the School Administration Building to the School Board and the School Administration who will devote all of their time (i.e., 3,300 hours per year) to the provision of legal services to the School Board and School Administration. For the term of this Agreement, those attorneys will be Kamala H. Lannetti, Deputy City Attorney, and Elizabeth K. Dfkes, Assistant City Attorney. B. The City Attorney will dedicate one Secretary on-site at the School Administration Building who will devote all of her time to the support of legal services to the School Board and Administration. C. The remaining attorney hours will be provided by the other attorneys in the Office, based upon their various areas of expertise with school-related legal issues, and shall include representation in real estate matters, representation of the School Administration in personnel matters, general administrative and procedural issues, and general litigation. Attorneys assigned to handle School Board matters may hold regular weekly office hours in the School Administration Building and will remain on-call to handle legal matters throughout the week. The City Attorney's Office will endeavor to handle as many legal matters in- house as it is capable of handling subject to the provisions of this Agreement. D. During the term of this Agreement, and subject to reassignment in the judgment of the City Attorney, the selection of the dedicated attorneys shall be 3 mutually agreed upon by the City Attorney and the School Board. Additionally, if a majority of the members of the School Board expresses dissatisfaction with the legal services provided by the dedicated attorney, or by any other attorney providing services to the School Board, the City Attorney will meet with the School Board to discuss and evaluate its concerns. Furthermore, if the School Board and the City Attorney agree that the most reasonable way to address the School Board's concerns is to assign another attorney or other attorneys to represent the School Board, the City Attorney will use his best efforts to make such an assignment(s) as soon as possible. 2. Communication and Reports. Throughout the term of this Agreement, the Office of the City Attorney will maintain an open line of communication with the School Board and the Division Superintendent, and will keep them apprised, on a regular basis, of the status of all legal matters being handled on behalf of the School Board and School Administration; provided, however, that the Office of the City Attorney shall not communicate with the Division Superintendent concerning those matters being handled on a confidential basis for the School Board or for individual School Board members in accordance with applicable School Board policies and applicable provisions of the Superintendent's contract. Additionally, the Office of the City Attorney will provide the Superintendent and the School Board a quarterly report of the legal services and attorney hours provided pursuant to this Agreement and, upon request of the School Board, the School Board Chairman, or the Superintendent, will identify the amount of attorney hours expended in response to inquiries from individual School Board members. 3. Manal!ement of Lel!al Affairs. The City Council and the School Board recognize and understand that the School Board shall be responsible for the management of its legal matters; that, to the extent contemplated by this Agreement, the City Attorney shall be designated as the chief legal advisor of the School Board and the School Administration, and 4 shall assist the School Board and Administration in the management of the School Board's legal matters; and that the City Attorney shall report to the School Board concerning those matters he has been assigned by the School Board to manage and/or handle on its behalf. 4. Ethical Conflicts Concerninf! Representation of Parties. The City Council and the School Board recognize the potential for real or perceived conflicts in the provision of legal services by the City Attorney, and agree to be vigilant in advising the City Attorney of such issues as they arise. Additionally, the City Council and the School Board understand that in such cases, the City Attorney will refrain from participation on behalf of the School Board but, to the extent ethically pennissib1e in accordance with the Rules and Procedures of the Virginia State Bar, will continue representation of the City Council. 5. Abilitv to Provide Lef!al Services. The City Council and the School Board further recognize that the ability of the City Attorney's Office to provide legal services to the School Board is limited by the attorney hours allocated pursuant to this Agreement, the other provisions of this Agreement, and ethical constraints as they may arise. 6. Nature of Af!reement. The parties agree that this Cooperative Agreement is not a contract to be enforced by either party but is rather an agreement setting forth the understanding of the parties regarding the parameters within which the Office of the City Attorney will provide legal services to the School Board and School Administration. 7. Payment for Services. The City shall forward to the School Board IDT requests in the amount of $300,581.07 from its FY 2008 Operating Budget to the FY 2008 Operating Budget of the Office of the City Attorney to fund the annual salaries, benefits, and certain administrative costs of two and one half (2.5) attorneys and one (1) Legal Secretary. IDT requests of 25% of the total shall be made by the City and funds transferred by the School Board on or about July first, October first, January first, and April first. 5 8. Term and Termination of Aereement. This Cooperative Agreement shall commence with the fiscal year of the parties which begins July 1,2007, and ends June 30, 2008, and may be revised, as necessary, and renewed each fiscal year thereafter; provided, however, that each party shall give the other party notice of any intention to revise or not to renew the Agreement within one hundred twenty (120) days of the date of expiration of this Agreement, or any renewal hereof, in order that the other party will have the opportunity to make appropriate budget and staffing adjustments. SCHOOL BOARD OF CITY OF VIRGINIA BEACH By: ~~/ L-- Daniel D. Edwards, ~airman CITY COUNCIL, CITY OF VIRGINIA BEACH By: Meyera E. Obemdorf, Mayor School Board ofthe City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the School Board of the City of Virginia Beach, Virginia on t4uBtl5f 7, ,2007. By: ~ -p. ~~ School Board Clerk City Council of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the City Council of the City of Virginia Beach, Virginia on ,2007. By: City Clerk 6 - 29- Item V,X3. ORDINANCES/RESOLUTION ITEM #56803 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinances re the Virginia Beach Rescue Squad, new Great Neck Rescue Station: a. AUTHORIZE $5,000,000 interestfree loan, establish a Capital Improvement Program (CIP) and TRANSFER $750,000 b. DECLARE 2.46 acres at 1250 Bayne Drive as Excess Property Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R, Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 4, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 AN ORDINANCE TO (1) AUTHORIZE A $5,000,000 INTEREST-FREE LOAN FROM THE GENERAL FUND, FUND BALANCE TO THE VIRGINIA BEACH RESCUE SQUAD FOR THE CONSTRUCTION OF A NEW RESCUE SQUAD BUILDING; (2) ESTABLISH CIP #3-058 EMS GREAT NECK RESUCE STATION SITE IMPROVEMENTS; AND (3) TRANSFER $750,000 FROM CIP #3-368 VARIOUS SITE ACQUISITIONS TO CIP #3-058 EMS GREAT NECK RESCUE STATION SITE IMPROVEMENTS WHEREAS, the Virginia Beach Rescue Squad, Inc. ("VBRS") wishes to pay for the design and construction of a new building to cost $5,000,000, but requests the financial assistance of the City of Virginia Beach through provision of an interest-free loan from the General Fund Fund Balance in the amount of $5,000,000. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1) That an interest-free loan in the amount of $5,000,000 be made from the General Fund, Fund Balance to the Virginia Beach Rescue Squad to assist it in the construction of a new rescue squad building - Great Neck Station. 2) That provision of the interest-free loan is conditional upon written request for payment and the provisions of a promissory note, pursuant to which VBRS shall repay the loan within 10 years. 3) That Capital Improvement Project #3-058 EMS Great Neck Rescue Station Site Improvements is hereby established. 4) That $750,000 is hereby transferred from CIP #3-368 Various Site Acquisitions to CIP #3-058 EMS Great Neck Rescue Station Site Improvements. 5) That the VBRS will be reimbursed up to $750,000 for site improvements within five feet of their new building. Adopted by the Council of the City of Virginia Beach, Virginia on the 4th day of September, 2007. Requires an affirmative vote by a majority of the members of the City Council. Approved as to Content: Approved as to Legal Sufficiency: J7< ;2~ City Attorney's Off"l:- CA10476 R-5 August 30, 2007 PROMISSORY NOTE $5,000,000 Virginia Beach, Virginia September 5, 2007 FOR V ALUE RECEIVED, Virginia Beach Rescue Squad, Inc. a Virginia corporation, ("Maker"), promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteho1der") at Municipal Center, Virginia Beach, V A, or such other place as Noteho1der may designate in writing, the principal sum of FIVE MILLION DOLLARS ($5,000,000) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent (0%) per annum. Payment on principal shall be as follows: On or before September 5, 2008 - $500,000 On or before September 5, 2009 - $500,000 On or before September 5, 2010 - $500,000 On or before September 5, 2011 - $500,000 On or before September 5,2012 - $500,000 On or before September 5,2013 - $500,000 On or before September 5, 2014 - $500,000 On or before September 5, 2015 - $500,000 On or before September 5, 2016 - $500,000 On or before September 5, 2017 - $500,000 In any event, all outstanding principal owing under this Note shall be due and payable on or before September 5, 2017 (the "Maturity Date"). This Note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteho1der. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteho1der. Failure to exercise this option upon any default shall not constitute or be construed as a waiver ofthe right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part, before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature and seal. VIRGINIA BEACH RESCUE SQUAD, INC. (SEAL) STATE OF VIRGINIA CITY OF , to wit: The foregoing instrument was acknowledged before me this _ day of , 2007, by (Name), (Title) of VIRGINIA BEACH RESCUE SQUAD, INC., a Virginia corporation, on behalf of the corporation. He/she is personally known to me or has produced as proper identification. Notary Public My commission expires: 1 AN ORDINANCE DECLARING 2.46 ACRES ON 2 BAYNE DRIVE IN EXCESS OF THE CITY'S 3 NEEDS AND TO AUTHORIZE THE CITY 4 MANAGER TO DEDICATE SUCH PROPERTY 5 TO THE VIRGINIA BEACH RESCUE SQUAD 6 FOR CONSTRUCTION OF A RESCUE 7 STATION 8 9 10 WHEREAS, the City of Virginia Beach owns an approximately 12-acre 11 parcel of property on Bayne Drive in the City of Virginia Beach, parts of which are used 12 for a public library and a fire station; 13 14 WHEREAS, the City Council of the City of Virginia Beach finds that the 15 City is in need of a rescue station in the Great Neck area of Virginia Beach; 16 17 WHEREAS, the City Council finds that it is in the best interests of the 18 citizens of the City of Virginia Beach to dedicate an undeveloped 2.46 acres (the 19 "Property") of such site, as shown on the "Exhibit Showing Proposed Site for Virginia 20 Beach Volunteer Rescue Squad Great Neck Station" attached hereto as "Exhibit A", to 21 the Virginia Beach Rescue Squad to facilitate the construction of a new rescue station; 22 23 WHEREAS, the City Council is of the opinion that the Property is in 24 excess of the needs of the City of Virginia Beach, and that the Property should be used 25 as a rescue station to serve the public and the citizens of Virginia Beach; 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA: 29 30 That the Property is hereby declared to be in excess of the needs of the 31 City of Virginia Beach and that the City Manager is hereby authorized to execute the 32 documents necessary and deemed acceptable by the City Attorney to convey the 33 property to the Virginia Beach Rescue Squad, Inc., a Virginia corporation, in accordance 34 with the Summary of Terms attached hereto as "Exhibit B." Such conveyance shall be 35 subject to a reverter that shall operate to restore title to the Property back to the City of 36 Virginia Beach, if the Property should ever cease being used as a station for a volunteer 37 rescue squad. 38 39 This ordinance shall be effective from the date of its adoption. 40 41 Adopted by the Council of the City of Virginia Beach, Virginia, on the 42 4th day of Septembp.r ,2007. CA-10316 R-1 PREPARED: 8/27/07 V. \applications\citylawprod\cycom32\ Wpdocs\DO 17\P002\00038844. DOC APPROVED AS TO CONTENT ~hiuO ~(\~ Public Works APPROVED AS TO LEGAL SUFFICIENCY ~' ){2 O-~ Law I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I , I I I I I I I I I I I , I I I I I I I I I I I I I L______ ~ -' o o :I: U <Jl UoJ -' o o ~ z ~ :I: Z Z :::; \ " EXHIBIT A ---- /" \ /'. /'. ~\ :.! U UoJ Zz f-Q ;;;~ Ct:f- \J<Jl '-UoJ z9': ;:5"- u o , I 0, .......' "I g::: NI . '-, ',- ffi V'l ~ ~ Z u 30<( 0<0::1" > g, ~ :r: Vl 1.0 U W 0::1" jj :;) " co~1: <~ <( ~ ~ ~ <( :> '-, ~ o o M --------- 1:2 ~ a:l :::::; ~ "- I- r - v, ~~ Ceo. ~8 ~~ Ci ~ V> ..: UoJ "" ..: :.! u UoJ Z ~ u.J "" \J I +-----~ I .---' o w CJ) o 0... o c.=:: 0... L ~ ''I ---- ---- ' o 9 w -' <l: U Vl W :;) ~z o ~Q Z~ e.::,< -- WI- 3:Vl WVl ~Cle.::~:><: Vl~23~ 1-0 OZ COo >1- Ie.:: :r:jj xc.. ue.:: L.U <0 L.U co Cl < :;) CJ Vl ::;!; z G e.:: :> o o N o 9 o I I I I I I I I , 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I SUMMARY OF TERMS DISPOSITION OF EXCESS PROPERTY SELLER: City of Virginia Beach PURCHASER: Virginia Beach Rescue Squad, Inc. PROPERTY: 2.46 acres ofland located between the Great Neck Area Library (1251 Bayne Drive) and EMS Station #8 (1201 Bayne Drive) LEGAL DESCRIPTION: All that certain lot, tract or parcel of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and designated and described as: "VIRGINIA BEACH VOLUNTEER RESCUE SQUAD AREA = 2.46414 ACRES" as shown on that certain exhibit entitled: "EXHIBIT SHOWING PROPOSED SITE FOR VIRGINIA BEACH VOLUNTEER RESCUE SQUAD GREAT NECK STATION," a copy of which is attached hereto. SALE PRICE: To be dedicated on the condition that the property be used as a rescue station housing a volunteer rescue squad serving the City of Virginia Beach. ADDITIONAL CONDITIONS OF SALE · The Property shall be resubdivided at the City's expense in order to create parcels and eliminate interior lot lines for GPINs 2408-43-3865 and 2408-45-3200. · The Buyer shall submit a site plan for review and approval by the Planning Department prior to any construction. · The City shall provide a physical survey. · The deed will contain a reverter clause, which will provide that the Property shall revert to the City of Virginia Beach if the property shall ever cease operation as a station for a volunteer rescue squad, serving the City of Virginia Beach. o N N M II) 'lit ~\ ~ "0 X ~ "0 lG ::J C' CI) Q) ::J o '" Q) c:: Q; .2! <: ::J ~ lG :~ 2' ~ "0 lG ::J C' CI) Q) ::J o '" Q) c:: Q; .2! <: ::J ~ lG '2 '6> :5 Iii 0. lG :2 lG "0 <: Q) Ol ~ ~ u: u c:: ~ 1) Q) '0' 9; X 0, <: ~ 0, <: W 3: 0..: ~ "0 ~ <1l 0. Q) d: -0 X 1:; ]j ~ ~ a. CIl :2 CIl -0 c: Q) ~ III ~ u: o a:: ~ o Q) '0' 9; >< - 30- Item V.K.4. ORDINANCES/RESOLUTION ITEM #56804 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinances to A CCEPT and APPROPRlA TE supplemental federal and state funds: a. $11,871,000 re Witchduck Road-Phase I site acquisition b. $45,000 re full-time Probation Officer for Community Corrections; $110,000 re Clinician II and III in the Child and Youth Program; $326,412 re services to mentally ill adults; and $255,928 re one-time start-up costsfor Biznet in the Department of Human Services Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 4, 2007 1 AN ORDINANCE TO APPROPRIATE $11,871,000 OF 2 SUPPLEMENTAL FEDERAL AND STATE FUNDS TO CIP 3 #2-931, WITCHDUCK ROAD-PHASE I 4 5 WHEREAS, in the recently approved VDOT Six-Year Improvement 6 Program, $11,871,000 is available for site acquisition for CIP #2-931, Witchduck Road- 7 Phase I. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 10 OF VIRGINIA BEACH, VIRGINIA: 11 12 That $11,871,000 of supplemental federal and state funds is accepted and 13 appropriated to CIP #2-931, Witchduck Road-Phase I, with estimate revenues 14 increased accordingly. 15 16 Adopted by the Council of the City of Virginia Beach, Virginia on the 17 4th day of sAph'!mhA~007. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1J ;e~~ ~ City Attorney's Office~ CA 10486 R-2 August 24, 2007 ! nr1[ r-;~ ''f'"N [:i,slJ~E;~t-; ',:"- ~t.~ \t."'>" ,,,:~, S~.-ir '{I ~~~~,t~:~};~,:~, \~~~~1~~~~;~,'~fJ. . ')","; ;;;!,~'~t~~i~.-",,< ~';#'~:~",~~~J~'*:: ~OV 11" ,~"?'~/ ~, . ',;,;'" .' ~ ' ,,~(J " ('\,,~.,:~ '., \.~~7/;,. '~\. " "{:l(( i'it ii, ~)~i: CI~: ~ <, ,~.),.? \r-\~:",\":\~~-:;~~~7;;J'~; "':f.6'~'~' ,.' '1,'14' I' - ,,\~ ,"', ':.\ ~:"'~\$.ll 'l )~>, '.%. ':"~". \#!"!",. -" . '(.A, \ -<:f> \.:\\~\ ," .> ~ .'~), , O~~'J,;,~ ",/;> > / ,~~ ,~'~V /~", L\ ~ ,.";\t"<\t"r' .,-, .ZP',.. ~, /~'\:~.:':~;:"'~"~~1(t1 /, ""'::", \ /:/.'-4. ,r; ,"'i.'joL.",,*:_.'Jif}""l.' ~'., '..). ,_':/ /~~"~" C:" '... ,'lSI, 'E.,,~._~~.ti. ", ':l:) Y, i"" "-r.' _ ,,',,' ~_Jprr'-. Ci<:i)g.,.,~~iO..','<,<::_, -'::" ". "., ~ 0: ["-'h'''''''' ~., " "'f~U', ." I ' ./ //:'ij h ~ ~ ,.._",,." C~~~C~~:,::ii \:,'.:,' ":.:(? ~~ . ...~, ~'t' 'fPV r:>~-" ' , ~~~ ~if'" "1, I'l"'1 ! j I I '.... 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U' IJJ [Q::'~i ': c:.:~ ,! a r- CIJ I'/W ' " (J C) it U. ,--0 I'",' t~: ::;J '. .C A J ~~c ~~a' I,)Q..q " NN~ ~()~ Q go " ~ 'J.~~ ,:>i} ,:"~i '.0 ,-. 'J'" :,~! '.":-,,,.~.' .>" 0;, .'., f,_._...L:';;., ',', ,n:~"" ;;;~,~\~r~1~l WITCHLgU~~I~~A~A:HASE I ""'~!J' c1-~ ,;"\!'./ v ' . j C I P 2 931 \~.! <)\:.~)i'---- ~:~J{ . ~ - "~, ~ '..'..-1,_ :"J . ~ ~ +)> 1 k--Lhr. . ~ , ." . T-\" Ii.' .~ -,' 0,.Y:., ,,;>~..:::JC' [[:!:':~'k' ~,'.. .\.,) '-E .,,' .~)' ,. "'4m~u:[Cil{:~lLJ., "_J C;i r:' t [;1 " . <:;,-;./ ,. ~-" "-'~r'lI"-" , Il g . . l._' - . "'-~-- ._~- '.'v:!-} r;::H.;I, . '-':"Z-,,~? ,"p" '. Jl ,-'-:-...:1 I --- ':..J 1,0 I IQ:' <.................1~~"_.fr.,."" lK !' QO r8c. Ot' '~.J llo. ,> "~"""'."n'-..i"""""""""i.,J': '," "J) """~~;:+.,j .',,: >it" I .. . r' .L6f.I _, C; .~ .- /t: H~6!!,r\J ~;.~ C:) o~ /l.::i ; r~", C:.:: .(::-::~.-.:~_.>';~! C.::. v..~ --z:~:::~_"_.._.."" (~~s: Prepared by PW.lEng.lEng, Support Services Bureau 3/23/06 g >- :5 Q.. 0:: C ... ~ (,) !"II ~'" Q; v.. ,-,'I " i</<( X:IProjects\ARC Files\Agenda MapslWitchduck Rd 1 AN ORDINANCE TO APPROPRIATE $580,212 IN STATE, 2 FEDERAL, AND OTHER LOCAL REVENUE AND $255,928 IN 3 GENERAL FUND, FUND BALANCE DESIGNATED FOR 4 HUMAN SERVICES TO THE FY 2007-08 DEPARTMENT OF 5 HUMAN SERVICES OPERATING BUDGET TO PROVIDE 6 ADDITIONAL MENTAL HEALTH, MENTAL RETARDATION, 7 AND COMMUNITY CORRECTION SERVICES 8 9 WHEREAS, additional funds have been made available to the Department of 10 Human Services to provide mental health, mental retardation, and community correction 11 services, and these funds must be appropriated. 12 13 WHEREAS, when the Mental Health Special Revenue Fund was eliminated 14 in FY 2004-05, its remaining fund balance was transferred to the General Fund, Fund 15 Balance to support one-time needs of the Human Services department. 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA: 19 20 That the FY 2007-08 Department of Human Services Operating Budget is 21 amended for the purposes and amounts set forth below: 22 23 a. That $45,000 in additional State revenue is hereby accepted and 24 appropriated to supervise adult offenders placed on probation by the courts to the 25 Community Corrections Program; 26 27 b. That $110,000 in additional State revenue is hereby accepted and 28 appropriated to serve children released from the Juvenile Detention Center who have 29 serious mental health and substance abuse problems; 30 31 c. That $326,412 in additional state revenue and $98,800 in 32 miscellaneous revenue are hereby accepted and appropriated to serve adults with serious 33 mental illness who are being released from state and local hospitals; 34 35 d. That $255,928 in General Fund, Fund Balance designated for Mental 36 Health is hereby appropriated to fund non-reimbursable start up costs of the Biznet, 37 intermediate care facility; and 38 39 e. That estimated revenue is herby increased by $836,140 and that six 40 full-time positions, with fringe benefits, are established in the FY 2007-08 Department of 41 Human Services Operating Budget. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the 4t-h 44 day of September, 2007. 45 46 Requires an affirmative vote by a majority of the members of City Council. Approved As to Content: Approved As To Legal Sufficiency: R~~ City Attorney's Ice CA 10484 R-3 August 29, 2007 - 31 - Item v.K. 5. ORDINANCES/RESOLUTION ITEM #56805 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution re the FY-2007-08 State Performance Contract between the Virginia Beach Community Services Board (CSB) and the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services (MH/MR/SA) Voting: 11-0 (By Consent) Council Members Voting Aye: William R, "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 4, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 A RESOLUTION APPROVING THE FY 2007 -08 PERFORMANCE CONTRACT BETWEEN THE VIRGINIA BEACH COMMUNITY SERVICES BOARD AND THE VIRGINIA DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE ABUSE SERVICES NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby approves the FY 2007-08 performance contract between the City of Virginia Beach Community Services Board and the Virginia Department of Mental Health, Mental Retardation, and Substance Abuse Services, which provides State controlled performance contract funding to the Community Services Board. Adopted by the Council of the City of Virginia Beach, Virginia on the 4th day of !=:E'pt-E'mber ' 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Jj ..--;:::"? ~ ZOz'~ &== City Attorney's Offic CA 10483 R-1 August 21,2007 - 32 - Item v.L.I. ADD-ON ITEM #56806 Upon motion by Vice Mayor Jones, seconded by Councilman Diezel: City Council AUTHORIZED Request/or Proposal (RFP) for Princess Anne Commons area proposed for development in concert with City Staff/Development Authority. These proposals will be brought back to City Council for further consideration Voting: 10-1 Council Members Voting Aye: William R, "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: None September 4, 2007 - 33 - Item V-L.2. APPOINTMENTS ITEM #56807 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: WORKFORCE HOUSING ADVISORY BOARD September 4, 2007 - 34- Item V-L.3. APPOINTMENTS ITEM #56808 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Veronica Salcado Unexpired term thru 3/31/10 HUMAN RIGHTS COMMISSION Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 4, 2007 - 35 - Item V-L.4. APPOINTMENTS ITEM #56809 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Delceno C. Miles Unexpired term thru 5/31/09 MINORITY BUSINESS COUNCIL Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 4, 2007 - 36 - Item V-L.5. APPOINTMENTS ITEM #56810 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Alice Flowers Unexpired term 09/05/2007 to 08/31/2009 PUBLIC LIBRARY BOARD Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 4, 2007 - 37 - Item V-L.6. APPOINTMENTS ITEM #56811 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Thomas H. Wilson Unexpired term thru 06/30/11 TIDWATER COMMUNITY COLLEGE BOARD Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R, Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 4, 2007 - 38 - Item V-L. 7. APPOINTMENTS ITEM #56812 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Tanya Bullock Unexpired term thru 12/31/07 Plus four (4) years 01/01/08 -12/31/12 VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R, Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None September 4, 2007 - 39 - Item V-D. ADJOURNMENT ITEM # 56813 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:41 P.M. ~~!:~::t- Chief Deputy City Clerk ~~~ City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia The Public Comment Session adjourned at 6:46 P.M. September 4, 2007 - 40- OPEN DIALOGUE Non Agenda Items Jean Foster, 4629 Shore Drive #302, Phone: 216-7240, Chairman - Help Save Virginia Beach- re immigration. Ms. Foster presented a petition to the City Council from its concerned citizens re the presence of illegal aliens in Virginia Beach. Said petition is hereby made a part of the record. John Bischel, 3800 Atlantic Avenue, Phone: 422-6222, referenced the petition presented and requested the government of Virginia Beach do what it can to not encourage illegal aliens in this area. Statistics indicated there may be as many as 250,000 illegal aliens in Southeastern Virginia and only twenty-four (24) enforcement officers. September 4, 2007