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Home My WebLink AboutFEBRUARY 12 2008 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 WILLIAM R. DeSTEPH, At-Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER" Centerville - District I BARBARA M. HENLEY, Princess Anne - District 7 REBA S. McCLANAN, Rose Hall - District 3 JOHN E. UHRIN, Beach - District 6 RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES FRASER, MMC 12 FEBRUARY 2008 I. CITY COUNCIL'S BRIEFING - Conference Room - III II I CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com 2:00 PM A. SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) - Financial Analysis Model John Hadfield, Executive Director II. CAPITAL IMPROVEMENT PROGRAM (CIP) CRITERIA III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 3:30 PM I' I I VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Father Steve DeLeon, Pastor Star of the Sea Catholic 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 February 5, 2008 G. AGENDA FOR FORMAL SESSION H. PUBLIC BID OPENING 1. STUMPY LAKE GOLF COURSE - Lease for Operation I. PUBLIC HEARINGS 1. LEASE OF CITY-OWNED PROPERTY Tidewater Regional Group Home - 2293 Lynnhaven Parkway 2. INGRESS/EGRESS EASEMENT U.S. Fish and Wildlife Service - New Bridge Road J. CONSENT AGENDA I I I K. ORDINANCES/RESOLUTION 1. Resolution in support of House Joint Resolution No. 89 directing the Auditor of Public Accounts study the operations and finances of the Southeastern Public Service Authority (SPSA) (requested by Councilman DeSteph) 2. Ordinance to REVISE City Council's Policy to remove the limit on the number of speakers allowed during "OPEN DIALOGUE" after adjournment of the Formal Session at the first meeting of each month 3. Ordinance to AUTHORIZE the City Manager to execute a one year lease with four renewal options with Tidewater Regional Group Home Commission at 2293 Lynnhaven Parkway 4. Ordinance to GRANT an ingress/egress easement over City property to the U.S. Fish and Wildlife Service (USFWS) re Back Bay National Wildlife Refuge's expansion at 3180 New Bridge Road 5. Ordinance to grant a 1 O-year LEASE of Stumpy Lake Golf Course to Stumpy Lake Golf Course, Inc. re renovation and operation until December 31, 2017, with renewal options 6. Ordinances to APPROPRIATE and TRANSFER a. $36,655 from School's Instruction Category to the Administration Category within the 2007- 2008 budget re Grants Manager position b. $207,270 from Schools Landscaping Internal Service Fund to Parks and Recreation 2007- 2008 budget re one-time expenses for landscaping at schools c. $625,652 from Tourism Advertising Special Revenue Fund (TAP) to the Convention and Visitor's Bureau for advertising and marketing activities L. PLANNING 1. Variance to g4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO), Subdivision for U.S. Fish and Wildlife Service (USFWS) at 3180 New Bridge Road (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION APPROV AL 2. Application of AGAP AE INTERNATIONAL CHURCH for Modification of a Conditional Use Permit (approved by City Council on December 3, 1996) to remove Condition No.6 in order to allow a portable unit to house Sunday School and Youth Ministry activities at 2641 Princess Anne Road (DISTRICT 7 - PRINCESS ANNE) RECOMMENDA nON APPROV AL I II I I 3. Applications for Chanfle ofZoninfl District Classifications for: a. MOUNTAIN VENTURES VIRGINIA BEACH, LLC from AG-2 Agricultural District to Conditional B-2 Community Business District re retail and office space at Winterberry Lane and Princess Anne Road (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION APPROVAL b. GARNETT POINT ROAD, LLC, from PD-H2 Planned Unit Development District (A-12) to P-l Preservation District (approved by City Council June 12,2007) re open space at 416-516 Garnett Point Road (DISTRICT 4 - BA YSIDE) RECOMMENDATION APPROV AL 4. Application of JOHN SARGENT for Expansion of a Nonconforming Use re the conversion of a glassed-in porch, expansion of a utility room and add a new set of exterior stairs at 203 62nd Street (DISTRICT 5- L YNNHA VEN) RECOMMENDATION: APPROV AL 5. Application of BONA VENTURE INVESTMENTS, LLC re Modification of a Conditional Change of Zoning (approved by City Council on December 12,2006 for Ocean Properties, LLC) at Centerville Turnpike and Lynnhaven Parkway re proffers to allow a new site design, reduction of the retail space floor area and increase the number of dwelling units. (Deferred by City Council on February 5, 2008) RECOMMENDA nON: APPROV AL M. APPOINTMENTS BIKEWAYS AND TRAILS ADVISORY COMMITTEE COMMUNITY SERVICES BOARD (CSB) HUMAN RIGHTS COMMISSION N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT ill II I CITY COUNCIL'S SCHEDULE City-wide Town Meeting Stormwater Plans and Funding February 19,2008 Virginia Beach Convention Center 7 - 9 PM PROPOSED RESOURCE MANAGEMENT PLAN WORKSHOPS April 8 (Workshop) April 15 (Workshop) April 17 (Public Hearing) April 22 (Workshop) April 22 (Public Hearing) April 29 (Workshop) May 6 (Reconciliation Workshop) May 13 (Adoption) Council Conference Room Council Conference Room Green Run High School - 6 p.m. Council Conference Room Council Chamber - 6 p.m. Council Conference Room Council Conference Room Council Chamber - 6 p.m. ********* 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 1/22/0851 www.vbgov.com " I I - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia February 12,2008 Mayor Meyera E. Oberndorf called to order the CITY COUNCIL BRIEFING re SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) - Financial Analysis Model in the City Council Conference Room, City Hall, on Tuesday, February 12,2008, 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 Rosemary Wilson and James L. Wood Council Members Absent: John E. Uhrin [Entered: 2:10 P.MJ Ron A. Villanueva [Delayed at the Cincinnati Airport due to heavy snow J February 12,2008 I Iii I I - 2 - CITY COUNCIL BRIEFING SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) - Financial Analysis Model 2:00 P.M. ITEM # 57293 John Hadfield, Executive Director - Southeastern Public Service Authority (SPSA), began reviewing a financial forecast of SPSA 's budget several months ago and because of staff limitations requested R. W. Beck assume the preparation of the Strategic Testing and Financial Forecasting (STAFF) Model. On December 13, 2007, R. W. Beck presented, this Strategic Testing and Financial Forecasting (STAFF) Model at a Special Meeting of the SPSA Board. The Mayor and Vice Mayor were in attendance during this Special Meeting. Jeffrey F. Clunie, Principal - R. W. Beck, advised the objective of the development of this Strategic Testing and Financial Forecasting (STAFF) Model is to provide SPSA with a strategic planning tool that will allow it to evaluation of the financial impact of different options through 2018. R. W. Beck has developed analyses that identify whether: financial policies can be met, existing Bonds can be repaid and the $100 per ton tipping fee can work. Financial Policies (APROVEDDOPTED BY SPSA) · Reserve and Contingency Fund . Establish an R&C Fund equal to fifteen percent (I5%) of operating budget expenses · Closure/Post Closure Fund · Cash fund annual closure cost · Debt Management Policy . Use available remaining funds to cash fund a portion of the capital expenditures Components of the Model · Other Revenues: (Non-Tipping Fees) · Steam Sales · Electricity Sales · Proprietary Waste · Recycling Collection Fees · Interest Earnings on Reserve Funds · Others · Tipping Fee Revenues: · Municipal · Contract Commercial · Non-Contract Commercial · Yard Waste · Navy · Construction & Demolition · Out-of-Area - In-State · Out-of-Area - Out-of-State · Operating Expenses: · Waste-to-Energy · Non Waste-to-Energy · Operations · Landfill · Fleet Maintenance · Other · Transportation February 12,2008 I ;jl I I' 1 - 3 - CITY COUNCIL BRIEFING SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) - Financial Analysis Model ITEM # 57293 (Continued) · Other Uses: . Ash & Process Residue Agreement Payment . Reserve and Contingency Fund · Closure Cost - Existing Cells · Cell VII - Final Closure · Cell VII - Post Closure · Capital Expenditures: · Cash Funded · Debt Funded · Debt Service Payments: · Existing Debt · New Debt · For Flow Control Cases: · Tipping Fee Payment . Projected Annual Savings for each Community Case 1 is basically a continuation of the current SPSA business model: Case 1 - Current Base Case Analvsis No Flow Control/Capital Expenditures Based on Current Budget Assumptions: 1. Municipal tipping fee of SI OO/ton in 2008, escalating by 3% per year 2. Operation and Maintenance expenses and capital expenditures increase by 3% per year 3. Waste quantities increase by 1.5% per year 4. Capital expenditures of SI8-MILLION per year based on current budget 5. Financial policies are implemented . Reserve and Contingency Fundfullyfunded by 2010 . Closure expense for Cell VI paid as you go . Cash available is used to help fund capital expenditures 6. Current Closure Fund of S4-MILLION is used 2009-2011 7. Debt Service Reserve Fund is released in 2017 8. Balloon payments are made for additional bonds 9. Cell VII is constructed and available in FY2012 10. SPSA owns and operates the WTE (Waste to Energy) system that continues to operate at historical level 11. SPSA continues to accept out-of-state waste 12. Virginia Beach tippingfee cap ends in FY2015 13. Suffolk municipal waste pays no tippingfee February 12, 2008 I I - 4 - CITY COUNCIL BRIEFING SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) - Financial Analysis Model ITEM # 57293 (Continued) Result of Current Base Case Analysis Case 1 developed to answer the following questions: · Can SPSA implement financial policies? · Can SPSA payoff existing debt? · Will $100/ton meet financial obligations? Mr. Clunie advised the next graph responds to the question re paying off the outstanding debt. The current dept is approximately $250-MILLION. This has decreased each year during the Study Period The graph also identifies the amount of new debt which would have to be issued. There is an increase of addition al debt in 2012 to help pay for the cost of Cell VII The principal amount of debt stays relatively flat between FY 2012 and FY 2015 and is to be repaid in the final three (3) years by means of the balloon payment. Case 2 - Flow Control Case Assumptions - Same as for Case 1 (No Flow Control) except: · No out-of-state waste · The same tipping fee is paid by: . Six Member Communities (not Virginia Beach or Suffolk) · Commercial Haulers · Contract · Non-Contract · Norfolk Sludge · Navy . Program calculates the level of tipping fee required to generate the same level of tipping fee revenues as the Base Case, absent out-of-state waste $40.00 MunidpiU Virginia YEAR Tipping Fee Beach Cap $lTon $lTon 2008 n -- 2009 $59 $54 2010 $59 $56 2011 $61 $56 2012 $64 $65 2013 $66 $65 2014 $67 $65 2015 $69 $65 2016 $78 -- 2017 $81 -- 2018 $83 -- $100.00 $80.00 $60.00 $20.00 $0.00 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 __ Munidpal Tipping Fee __ Virginia 8each Cap ___ Suffolk Tip Fee R. W. Beck, Inc. Results of s.trateglc Testing and Financfalforecasting ("STAFF") Model 12 February 12,2008 I 'II I I - 5 - CITY COUNCIL BRIEFING SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) - Financial Analysis Model ITEM # 57293 (Continued) The reduced municipal tipping fee can also be characterized as a cost shift. The intent of flow control is to make disposal rates equal to all users, treating localities and businesses equally in the cost of waste disposal. Case 3 - Vin!inia Beach and Suffolk Do Not Adopt Flow Control Assumptions - Same as for Case 2 (Flow Control Case) except: . Assumes SPSA does NOT receive any commercial waste from Virginia Beach or Suffolk · Lost commercial waste in 2009: Virginia Beach Suffolk TOTAL Tons 157,000 23,000 180,000 . Decreased transportation costs from the transfer stations at Virginia Beach and Suffolk Calculates the level of tipping fee required to generate the same level of tipping fee revenues as the Base Case absent out-of-state waste and commercial waste from Virginia Beach and Suffolk . Note: This case will extend the useful life of the Landfill, but these cost savings have not been reflected in this case February 12,2008 i :11 I 1 - 6 - CITY COUNCIL BRIEFING SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) - Financial Analysis Model ITEM # 57293 (Continued) $20.00 $0.00 Munlelpat i Virginia Tipping i Beach Fee i . Cap $lTon $ITon 2008 i --r-009-:=-S'so__.-L.' $54-- -~~~.~ ...-~;:i-;::_.- _2012 $77_.1 $65 _~ ~-r $65._ ~_ $82-----L.~~__ 2015 $85; $65 ---- --- 2016 $93 2017 $96 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2018 $99 YEAR -+- Munldpal Tipping FeEl-- Virginia Beach Cap --..- Suffolk Tip Fee R. W. 8e<:k, Inc. I Results of Strategk Testil1gand Flnancfal Forecasting ("STAFF") IJ<>det I 15 *The cost savings can also be characterized as a cost shift. The intent of flow control is to make disposal rates equal and fair to all users, treating localities and businesses equally in the cost waste disposal. February 12, 2008 I 'Ii II I -7- CITYCOUNCIL BRIEFING SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) - Financial Analysis Model ITEM # 57293 (Continued) Comparison of Tipping Fee ($/Ton) Case 1, 2 and 3 YEAR CASE 1 CASE 2 CASE 3 Virginia Beach Cap 2008 $100 -- -- -- 2009 $103 $59 $80 $54 2010 $106 $59 $73 $56 2011 $109 $61 $75 $56 2012 $113 $64 $77 $65 2013 $116 $66 $80 $65 2014 $119 $67 $82 $65 2015 $123 $69 $85 $65 2016 $127 $78 $93 -- 2017 $130 $81 $96 -- 2018 $134 $83 $99 -- Summary . Based on the current budget, a tippingfee of$100/ton escalated by 3% per year is projected to be just sufficient to: . Meet SPSA 'sfinancial policies, including funding a $7.5-MILLION reserve and contingency fund . Repay existing debt and additional debt - via use of balloon payments . Allow SPSA to be fully functional through 2018 Councilman DeSteph inquired re the fundingfor the balloon payments in the last three (3) years. All of the charts depict balloon payments, but not a significant increase in the cost per ton more than 3%. Mr. Clunie advised there are two (2) occurrences after the beginning of 20 16. First of all, the assumption is Virginia Beach would then be paying the same Municipal Tipping Fee, as all the other member communities. Therefore, there is an increase in revenues from the tipping fee that Virginia Beach would pay. Virginia Beach would be paying more than it had previously paid. There is a significant step up in the tipping fee paid by all communities. Councilman DeSteph referenced Case 1, which indicates an increase of 3% per year, still based on the original graph, "Current Base Case Debt Repayment". The balloon payments are being primarily made in 2016, 2017 and 2018. When, in fact, there is an increase of roughly 3% made other than Virginia Beach, which basically slightly more than doubles. Mr. Clunie advised there is a significant increase in Operating Revenues in those last three (3) years as a result of Virginia Beach then paying the same Municipal Tipping Fee as the other communities. Councilman DeSteph also referenced the slide entitled: Case 3 - Virginia Beach and Suffolk Do not Adopt Flow Control, which makes the assumption that if Virginia Beach and Suffolk do not adopt Flow Control, there will not be any commercial waste generatedfrom those two (2) Municipalities delivered to the SPSA centers. Mr. Clunie advised the Municipal Tipping Fee in Case 3 is higher than the commercial haulers are currently paying. 2009 represents only six (6) months of jlow control. This is a weighted average number for six (6) months withjlow control and six (6) months without. February 12,2008 I III I' I - 8 - CITYCOUNCIL BRIEFING SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) - Financial Analysis Model ITEM # 57293 (Continued) Councilman DeSteph advised Case 2, Flow Control Case Estimated Tipping fee should have shown the same assumption. Mr. Clunie advised Graph No. 12, indicating $59 for 2009, actually is only six (6) months. This figure will be greater, and he will provide the exact amount. Mr. Hadfield advised it is likely SPSA would not lose all of the commercial waste throughflow control. Vice Mayor Jones inquired if Flow Control were adopted, how is SPSA going to police the commercial haulers? Mr. Hadfield referenced this effort would be conducted by SPSA and the communities, as a shared responsibility. SPSA would perform random inspections. It would the responsibility of the communities to take the legal action necessary to enforce Flow Control. Vice Mayor Jones referenced Case 1, Current Base Case Analysis, which indicates SPSA continues to accept out-of-state waste. Vice Mayor Jones understood SPSA was not going to accept this waste. Mr. Hadfield advised with Flow Control, out-of-state waste would not be accepted SPSA' s current contract for out-of-area waste expires on their own terms at the end of June 2008. Action would be necessary to extend this type of waste. Out-of-state waste represents approximately $1-MILLION in gross revenue (approximately 1% of SPSA's total revenue). Over the last year or so, individuals throughout the region have complained relative a lower rate being charged for the commercial waste than that of the municipal waste. One of SPSA 's goals is to make both the municipal and commercial rates the same. Vice Mayor Jones referenced 180,000 tons would equate to approximately $8-MILLION per year. Mr. Hadfield advised the six (6) communities, other than Virginia Beach and Suffolk, generate approximately 300,000 tons per year which would equate to approximately $10 to $12 a ton reduction in the Municipal Tipping Fee. Mr. Hadfield advised the total commercial haulage under contract is approximately Y2-MILLION tons per year. Mr. Clunie said approximately one-third of private waste comes out of Virginia Beach. Vice Mayor Jones requested a scenario be prepared concerning this concept. Assumptions re the commercial haulers are being made. One of the largest commercial haulers has their own landfill. Phil Davenport, Public Works, advised some of the private haulers have had discussions with him and indicated a willingness to increase theirtippingfee from the $28.00 to a much higher rate. February 12, 2008 Ii II I - 9 - CAPITAL IMPROVEMENT PROGRAM (CIP) CRITERIA 2:45 P.M. ITEM # 57294 The City Manager distributed the list of criteria staff is utilizing as guidance to develop the proposed FY 2008-09 through 2013-14 Capital Improvement Program that will be presented to City Council March 25, 2008. Criteria Used by the City of Virginia Beach To Plan and Develop the Capital Improvement Program 1. City Council goals/Retreat 2. Project has to be done: a. Safety/urgency (employees, citizens) including environmental (indoor and outdoor) b. Mandates 3. Citizen survey (community priorities): fund areas needing improvement/ranked low according to the Citizen Survey. 4. Return on investment - generates tax revenue and leverages private dollars/investment 5. Stewardship of taxpayer owned facilities - take care of what you have before building new 6. Strategic plan based 7. Service and benefit - impact to citizens, number of citizens served 8. Impact onfuture operating budgets and sustain ability 9. Employee work environment 10. Technology - building smart facilities to improve productivity or lower operating and maintenance costs 11. Productivity - buildingfacilities that will improve productivity 12. Criteria specific to CIP sections 13. Multiple outcomes 14. Dedicated taxes/funding February 12,2008 I ,Ii II I - 10 - CAPITAL IMPROVEMENT PROGRAM (CIP) CRITERIA ITEM # 57294 (Continued) Council Lady McClanan advised these issues needed to be discussed by the City Council as the priorities and interpretations are crucial to the City Council's discussion of the Proposed FY 2008-09 and 2009-10 Biennial Resource Management Plan. Council Lady McClanan attended the Joint Meeting of School Modernization and City/School Revenue Sharing Formula on Wednesday, February 6, 2008, City Council Conference Room, 3:00 P.M. Mayor Oberndorf and Vice Mayor Jones are the Liaisons. Council Lady McClanan distributed copies of the Agenda, Debt Policies, Charter Bond Analysis of January 31, 2008, Virginia Beach City Schools Six (6) -Year Capital Improvement program from the Superintendent's Proposed Estimate of Needs January 22, 2008, Potential Financing Plan for Top 19 Ranked Over Target City Capital Project Requests, Options to divide up Charter Bond Capacity and Beyond Charter Debt (City and Schools). Said information is hereby made a part of the record. Projects should have been discussed by City Council prior to being distributed to the Schools as being priorities. The criteria should be determined by City Council. A Draft of the Standing Capital Improvement Program (Excluding Schools, Enterprise Funds and Communications and Information Technology Projects) updated for cost estimate under review by Management Services and the Management Leadership Meeting was distributed. Said information is hereby made a part of the record. The Bonds from the Referendums in the 1980 's and 1990 's are being paid off and part of the Charter Capacity is based on payment of these bonds. Council Lady McClanan requested information be provided relative the amount and which Departments are receiving these funds. Sunset Clauses should be established in these Referendums. Councilman DeSteph believes if debt is issued over $10-MILLION, it had to be placed on a Referendum. Councilman DeSteph concurred with Council Lady McClanan. Vice Mayor Jones advised the City has the authority to issue $10-MILLION in new Charter Bond Debt every year, but also has the ability to issue additional debt over and above the $10-MILLION to the extent that the City has paid off during the previous year. The City is not limited to $10-MILLION, or to have a Referendum. Councilman Dyer advised during discussions of the Blue Ribbon Tax, Fee and Spending Task Force, the need for a stronger Strategic Plan was identified. The Task Force felt this should be more specific and tied to the Operating Budget. The public should be included in part of the discussion. Councilman Dyer encouraged City Council to move forward with this initiative. The City Manager advised the materials distributed at the Joint Meeting of School Modernization and City/School Revenue Sharing Formula were labeled DRAFT. These are not the City Manager's recommendations or City Council decisions. These will be made in May 2008. The City Manager advised the Budget Caucus is a representative group that meets from all the City Departments to provide the best opinions from all Departments into the capital needs for the City. Councilman DeSteph advised Governor Timothy M Kaine announced at the Virginia Municipal League Revenue collections for Fiscal Year 2007 were $234-MILLION less than official Revenue projections. Fiscal Year 2008 is expected to be a $644.1-MILLION General Fund Budget shortfall. February 12, 2008 I II I - 11 - CAPITAL IMPROVEMENT PROGRAM (CIP) CRITERIA ITEM # 57294 (Continued) The City Manager advised today the revised projections will be released and are predicted to be well over $800-MILLION. The staffis in the process of revising the City's revenue projections for both the Capital and Operating Budget. Council Lady Wilson referenced the Options Beyond Charter Debt (City & Schools). The Joint Meeting of School Modernization and City/School Revenue Sharing Formula ended with suggestion to review the following items to determine what could be done to assist the Schools to create funding: 2. Increase pay-as-you-go requirement in the City/School Revenue Formula 4. Sell surplus property 6. Performance contracting 8. Literary Fund Loans Council Lady Wilson is on the Executive Board of the Virginia Municipal League and attended their meeting in Richmond, Thursday, February 6, 2008, at which time a presentation was received re a Bill which has passed the House (HB 923) to create the Virginia School Construction Revolving Fund. Information re this item was distributed to City Council and is hereby made a part of the record. The Literary Fund is a small amount compared for the needs across the State, $6.2-BILLION of School infrastructure needs. Literary Fund loans are capped at $7.5-MILLION per project. As it is inside the State Government, this fund could be raided for other needs to accommodate State shortfalls. Virginia Beach Middle School just received a $7.5-MILLION loan from the Literary Fund. A Policy Advisory Board will be appointed by VML and VACo, as the local government understands this issue. Council Lady Wilson advised the Schools only utilize the Lottery fundfor school construction. Catheryn Whitesell, Director - Management Services, advised that by City Council Policy 100% of the Lottery funds shall be for school construction in the Capital Improvement Program. BY CONSENSUS, the City Council unanimously expressed SUPPORT of HB 923 Virginia School Construction Revolving Fund. Robert Matthias, Assistant to the City Manager, shall be advised. February 12, 2008 I, II 1 - 12 - CITY COUNCIL COMMENTS 3:30 P.M. ITEM # 57295 Mayor Oberndorf referenced the Ground Breaking of Virginia Beach Middle School on Thursday, February 7, 2008. This was a testament to Vice Mayor Jones and former Councilman Maddox who dedicated two (2) years working with the citizens to determine the right location. ITEM # 57296 Mayor Oberndorf met with the Navy yesterday, February 11, 2008, re land use and the Memorandum of Understanding. $70-MILLION a year is expended to protect Oceana. Funds are being invested to try to preserve well paying jobs at Oceana as well as seeing to it the Schools needed by the children are being renovated Council Lady McClanan advised Councilman Uhrin's Alma Mater, Brookwood Elementary, is open and the renovations are beautiful. ITEM # 57297 Council Members Dyer and Diezel referenced the Pony Leagues in Kempsville, is moving into the heart of the Kempsville District. A shortfall occurred in the Leagues Field Boxes. Councilman Dyer announced the Building and Trades Committee from the Tidewater Builders Academy has agre'ed to erect two (2) field boxes and supply the labor. This is a joint effort between Kempsville and Centerville Districts. ITEM # 57298 Councilman DeSteph distributed his questions to the Southeastern Public Service Authority (SPSA) and Members of Virginia Beach City Council during the December 2007 Work Session which were accompanied by the SPSA responses. These are hereby made a part of the record ITEM # 57299 Councilman DeSteph distributed Sharon M McDonald's - Norfolk's Commissioner of the Revenue -, Annual and Sales and Revenue Reports FY 2007, which are hereby made a part of the record Councilman DeSteph was very impressed by these visually appealing, comprehensive reports and urged similar reports be prepared by the Virginia Beach staff. ITEM # 57300 Councilman DeSteph referenced previous discussions concerning the parking problems at the Courts. Councilman DeSteph does not want to restrict the already short supply of parking at Kellam High School and the overflow parking at Building 30. A "win-win" solution for both sides needs to befound The City Manager advised no further restrictions for Kellam are planned Council Lady McClanan referenced the increased enrollment of Kellam High School. Citizens have said they do not mind paying to park and suggested a Parking Garage. February 12,2008 'I II I - 13 - CITY COUNCIL COMMENTS ITEM # 57301 On Tuesday, February 5, 2008, Mayor Oberndorf joined the Mayors and representatives of the South Hampton Roads cities in announcing the City's commitment to the development of a Regional Plan to end homelessness. This Plan is intended to enhance and formalize the regional efforts already underway, which have resulted in major successes, including the development of Gosnold apartments in Norfolk - the first regionally-supported apartment project for single homeless persons in the country. Cloverleaf Apartments is currently under construction in Virginia Beach. The Plan will be drafted by the South Hampton Roads Regional Taskforce on Ending Homelessness, which consists of the following localities and nonprofit organizations: Chesapeake, Isle of Wight County, Norfolk, Suffolk, Portsmouth, Virginia Beach, Franklin, The Planning Council and the United Way of South Hampton Roads. The announcement to develop a regional plan was made during the 2008 South Hampton Roads Regional Conference on Ending Homelessness with the support of Philip F. Mangano, Executive Director of the United State Interagency Council on Homelessness, and the events keynote speaker. More than two hundred fifty (250) attendees, presenters and representatives from the South Hampton Roads cities were present at the day-long event in Portsmouth. Mayor Oberndorf has requested a correction to the Internet Site. Virginia Beach is not listed as one of the participating communities. February 12, 2008 Councilman Bill DeSteph's Questions to SPSA 1. \Vhat is the long term vision for dealing with trash after 2018 or after 2018 or after SPSA? \Vhat is our end game? a. On behalf of the eight local govemments, a regional solid waste disposal system study is being performed through the Hampton Roads Planning District Commission. That study will be completed by the end of .2008. It will provide guidance on options for waste disposal post 2018. 2. Right now the fees for the tipping fees or for trnsh collection is taken out of our General fund or the funds generated from Real Estate taxes? a. This is a Virginia Beach issue. SPSA cannot respond. 3. Do we have a new figure for projected tipping fees under flow control? a. Yes. Please see the chart in the financial analysis presentation which demonstrates the tipping fee if all eight member communities adopt flow control. 4. \Vhat is the cost of the contracts or contract for municipal and school for trash removal? a. This is a Virginia Beach issue. SPSA cannot respond. 5. What other departments come under that contract and outside of that contract? a. This is a Virginia Beach issue. SPSA cannot respond. 6. Does that include the Sherriff's office? a. This is a Virginia Beach issue. SPSA cannot respond. 7. What is the potential impact on our local businesses and our small husinesses? a. Virginia Beach City Staff conducted an assessment of the impact on flow control and can provide their data. b. SPSA has conducted a macro-analysis however; one group--apartment d\vellers-can expect their rates to increase by less than $2 per month. 8. If that was the city, what would our bond rating be? a. This is a query for Virginia Beach Staff SPSA cannot respond. 9. Is there an expected offer for the \Vaste-to-energy plant? a. The Board of Directors of SPSA approved a plan to divest the waste-to-energy system. They chose a PPEA approach. The first step of the PPEA was to let the public know that unsolicited proposals f()r the purchase of the \vaste-to-energy were to be accepted by SPSA. b. On ;'\rO\ember 12, .2007, advertisements "vere placed in local and national publications indicating this fact. c. At this time, five organizations have expressed interest in submitting a proposal. II I I 2 10. How much of the trash from Virginia Beach goes to the \Vaste-to-energy plant? How much of the trash from the regional participants goes to the Waste-to-energy plant? How much ofthe trash from out-of-state goes to the \Vaste-to-energy plant? a. In FY 07, SPSA handkd approximately 347,000 tons of municipal solid waste at the Oceana and Landstown Transfer Stations; this volume included both municipal and commercial waste streams. This volume was directed through the \Vaste-to Energy System. b. Nearly all of the cast em communities' solid \vaste is disposed within the Waste-to Energy System. This includes \vaste from both municipal and commercial waste streams. c. All waste received from out-of-state is managed at the \Vaste-to-energy plant. 11. \Vhat is the urgency for passing the ordinance? a. The sooner the ordinances are in place, the sooner the savings can be accrued to the SPSA members. 12. \Vhat are the details for the cost to the city? I would like to see what the true numbers are. a. This is a query for Virginia Beach Staff SPSA cannot respond. 13. \Vhat are the details for the cost to our local businesses? a. Virginia Beach City Staff conducted an assessment of the impact on flow control and can provide their data. SPSA has conducted a macro-analysis; one group- apartment dwellers-can expect their rates to increase by less than $2 per month. 14. \Vhat are the potential options for private sector coming forward to a governmental agency of SPSA and what will the impact of that be? a. Weare unclear on the nature of this question. 15. Will Virginia Beach be required to continue to send all trash to SPSA through infinity? a. No. The current use and support agrt::ement betwet::n SPSA and Virginia Beach cxpires in 2018. 16. What is the impact on the private sector? a. Haulers, who are best able to provide data on impacts to businesses, have been asked to provide impact on varied businesses. b. Moreover, SPSA has asked an:a businesses for copies of their trash disposal bills as a way to conduct an analysis on the impact of tlo\'l control on area busincsses. c. Also, SPSA has worked with Staffs from each municipality to discuss tinancial assumptions, \'lash? gent::ration rates, and other data to hdp member municipalities ami area businesses understand the impact of now control. 17. Statement re: SPSA debt reductions concerns. a. R.W. Beck was asked to perfonn an analysis to affinn that tht:: $1 OO-ton municipal tipping. escalated at the CPl, would be enough to con:r debt n:payment and meet SPSA's financial policies. The report demonstrates that analysis. The report was II II I 3 made to the SPSA Board of Directors at their December 13, 2007 meeting and will be made to the Virginia Beach City Council on Febmary 5,2008. 18. Statement re: private sector impact and other options which they say are available. \Vhat is the validity of these options (from private sector)? a. The Board's principal goal is to equalize the tipping fees between the municipal and commercial waste disposers. Any options should achieve that goal. b. The two options relative to the private sector and flow control are: I) To contract with the private sector to deliver all of their processable waste to SPSA at a higher rate than they presently pay; and 2) To contract out transfer, transportation and disposal operations now handled by SPSA to the private sector. c. In regard to the first option, this could be an option; however, there is uncertainty as to whether or not these contractors would commit to bring SPSA all of their waste through 2018 at a rate equal to the municipal tipping fee. There is a danger of having a new market entrant, that is not a signatory to such a contract, which hauls its out of the SPSA service area, and thus gains a competitive advantage over local contract haulers. d. Relative to contracting out operations, SPSA already has a number of contracts with the private sector. They include contracts for landfill gas removal, the processing ofrecyclables, ferrous and non-ferrous metals recovery and for nearly one third of SPSA's transportation functions. Generally speaking, SPSA will entertain such contracts when it is economically positive for SPSA to do so. In the most recent consideration, the private sector option was found to be nearly double that of maintaining SPSA' s operation of the regional landfill. 19. Is SPSA willing to work with our businesses to address their concerns as well? a. SPSA has been meeting with area businesses throughout the region. SPSA also has worked closely with its new SPSA Business Advisory Council on myriad issues to ensure we have a business perspective on these issues. 20. \Vould there be any encumbrance if we delayed or deferred this for another 120 days? a. No. Without Virginia Beach involved in t10w control, the implementation will be more difticult however, and the rate will be higher for the commercial sector and other municipal partners. 21. If we implement flow control, will SPSA be able to pay the debt faster? How is this so? a. There \vill be no additional revenue under flow controL except for that amount needed to replace revenue lost as a result of not accepting out of state municipal waste. Any additional revenues collected from the private sector under flow control are scheduled to be Llsed to reduce the municipal tipping fee rather than to pay down the outstanding debt faster. II il I 4 Questions Posed to SPSA by Virginia Beach City Council Members During December 2007 \V ork Session 1. \Vhat is composition of the SPSA regional board? List boards in the state, how they are composed and appointed. a. One representative and one alternate represcnt cach mcmbcr community. Each community has one vote. Members are appointed by the eight individual mcmber communities. b. W c do not have infornlation about all other Boards in the state. 2. \Vhat is the full story on the purchase of land adjacent to the current Regional Landfill? a. SPSA purchased 525 acres of property east and north of the original landfill footprint in order to construct Ccll VII. This was the least expensive alternative (including using private landfills) to ensure disposal capacity through 2018. This was a purchase approved by the Board of Directors many years ago and was completely vetted at the time. 3. With the $28/ton disposal fee, where can haulers take their waste? a. All SPSA facilities, with the exception of the Ivor and Boykins Transfer Stations, are available to the haulcrs. 4. Why did SPSA negotiate such a rate? a. The $28/ton commcrcial contract rate was derived through negotiations during the winter of2005 and 2006. At the time, Stan's primary consideration was to assure that the municipal tipping fee would remain as low as possible. To that end, Staff needed to gencrate as much non-municipal revenue as possible; it could not accept the loss of any waste as long as that waste was received at a rate greater than the marginal cost of handling it. Waste Management, Inc. had indicatcd that a rate of $21 or $22 per ton would be acceptable, and at one point requested a rate less than $20. b. Following discussions with other haulers who were aware of the additional costs to haul directly to the Bethel Landfill or the Sussex Landtill, and after developing our own estimate of the probable costs, a contract rate of $18 per ton was otfered. c. Internal and external sources supported this vie\\'. d. Finally, the statement that the $28 rate was the lowest the commercial rate has been for 17 years is incorrect. Since 1995 (the year atter the Carbone decision), the commercial contract rate has been no brreater than $42/ton, and also has been under $20. The "non-contract" commercial rate has been at minimum $48.50iton since 1996. It has been at least S50/ton since January 2000. This rate primarily applies to non-processable waste or waste delivered directly by the companies generating it. 5. Is the $28/ton rate fair? a. The SPSA Board of Directors is seeking to equalize rates between municipal and commercial waste disposers. Currently, the commercial haulers pay $28/ton and the member municipalities pay $1 OO/ton. The Board, in general, believes this disparity is unfair to secure the commercial waste stream. 6. How long is the $28/ton rate good for'? a. It is a five year contract however, with one year's notice, either party may tenninate. Notice of tennination of this contract has been given. All $28iton commercial contracts now tenninate on January 31, 2009. 7. When is that contract up'? a. Had it not been tenninated, it would have continued until June 30,2011. 8. \Vhat is the cost that other authorities pay, i.e. CV\VMA? Staff should look at similarities and differences between SPSA and other authorities. Staff should help define a "true market rate" for waste disposal. a. The tipping fees vary all over the state. Virginia Beach Staff: we believe, was preparing an analysis of the similarities and differences between authorities. 9. I am not comfortable with information shared so far. Met with haulers and they suggested a state-study because they were not comfortable sharing their financial data with SPSA's consultant---even though the firm was purported to be independent. a. SPSA cannot comment on this view, but certainly does not share it. 10. Suggested that a neutral body (JLARC-which is not beholden to SPSA or the haulers) get financial records from the haulers and SPSA and let a third party assess the data. a. SPSA is aware oftwo study resolutions that have been introduced in the Virginia General Assembly. Both request reviews of certain aspects of SPSA's solid waste management systcm. b. SPSA is a public agency and welcomes involvement in the study of the operations and management of South Hampton Roads' regional solid waste disposal system. SPSA has always opened its doors to public review of its operations and \vill continue to cooperate with the any third-party activities that seek to enhance long- tenn management of the region's waste. c. However, SPSA believes that such reviews are best conducted through the auspices of the interested localities, rather than a state agency. ~loreover, the debt of SPSA is not state debt; the mcmber communities by their respective Use & Support Agreements arc ultimately rcsponsible for SPSA's c1ebt. 11. An amortization schedule and pro forma arc needed. . a. This should be provided in the February 5, 2008 work session. 12. What are the consequences for deferring action on flow control? Doesn't Virginia Beach have a capped disposal ratt'? a. Virginia Beach has a capped rate; that rate cap expin:s in 2015. The direct consequence would be a reduction and'or deby in the savings from flow control to the other member communities. 1,1 II 5 I II I 6 13. Is the projection that the flow control fee would be under the cap? a. Yes. 14. Can we privatize SPSA? a. On behalf ofthe eight local governments. a regional solid \vaste disposal system study is being done through the Hampton Roads Planning District Commission. That study will be comph:ted by the end of 2008. It will provide guidance on options for \vaste disposal post 2018. b. All options will be considered. 15. Are haulers taking materials to the transfer stations? a. Yes. 16. Is Virginia Beach receiving ash from the incineration of out-of-state waste? a. Virginia Beach is not receiving any ash from SPSA. 17. Is Virginia Beach receiving any ash from SPSA? a. No, not at this time. 18. Does Virginia Beach have a plan post 2018 to handle its waste? a. This is a question that should be internal to the city; however, SPSA can state that on behalf of the eight local governments, a regional solid waste disposal system study is being done through the Hampton Roads Planning District Commission. That study will be completed by the end of 2008. It will provide guidance on options for waste disposal post 2018. b. All options will be considered. 19. Need a business plan for SPSA; difficult to vote without a plan and better projections data. Staff should compare SPSA to HRSD model and separate the politics a. A discussion on the services, the cost and availability lr[ those services, as well as and a tinancial analysis of SPSA will be presented to Council. b. An alternative governance model is one issue that SPSA and the member communities could consider. 20. \\'hy was the rate dropped from $42/ton to $28/ton? a. That contract provided the two largest haulers, responsible t()r almost 800/;) of the private collection market. with a rebate that resulted in an effective rate of $26 per ton. The smaller haulers were paying $42, \vhich resulted in maintaining a very large competiti ve edge for the large haulers. \Ve have had three new companies enter the local collection market since a !en:1 pli1ying tield of $28 per ton was established. ql I I - 14 - AGE N DA REV IE W S E S S ION 3:03 P.M ITEM # 57302 Councilman Wood referenced the proposed ADD-ON Resolution re City Auditor position and abolish the Department of Audit Services On December 11, 2007, City Council adopted an Ordinance AMENDING City Code Sections 2-465 to 2- 468 and ADDING Sections 2-469 to 2-477 to create the Office of the City Auditor and ABOLISH the Department of Audit Services (City Council Ordinance #3005). The effective date of the Ordinance is February 16, 2008. Candidates for appointment to the position of City Auditor have not been interviewed. This Resolution will AMEND Ordinance #3005 to provide the effective date of the ordinance shall be delayed indefinitely pending appointment of the City Auditor. At a future direction of City Council, the City Attorney shall draft a resolution that appoints the Council-selected candidate as City Auditor and than provide a date certain for the implementation of City Council Ordinance #3005. BY CONSENSUS, this Resolution shall be ADDED as Item 7. on the CONSENT AGENDA. ITEM # 57303 BYCONSENSUS, thefollowing items shall compose the CONSENT AGENDA: K. ORDINANCES/RESOLUTION 1. Resolution in support of House Joint Resolution No. 89 directing the Auditor of Public Accounts study the operations andfinances of the Southeastern Public Service Authority (SPSA) (requested by Councilman DeSteph) 2. Ordinance to REVISE City Council's Policy to remove the limit on the number of speakers allowed during "OPEN DIALOGUE" after adjournment of the Formal Session at the first meeting of each month 3. Ordinance to A UTHORIZE the City Manager to execute a one year lease with four renewal options with Tidewater Regional Group Home Commission at 2293 Lynnhaven Parkway 4. Ordinance to GRANT an ingress/egress easement over City property to the us. Fish and Wildlife Service (USFWS) re Back Bay National Wildlife Refuge's expansion at 3180 New Bridge Road 5. Ordinance to grant a 10-year LEASE of Stumpy Lake Golf Course to Stumpy Lake Golf Course, Inc. re renovation and operation until December 31,2017, with renewal options February 12,2008 I I II I - 15 - AGE N DA REV IE W S E S S ION ITEM # 57303 (Continued) 6. Ordinances to APPROPRIATE and TRANSFER a. $36,655 from School's Instruction Category to the Administration Category within the 2007-2008 budget re Grants Manager position b. $207,270from Schools Landscaping Internal Service Fund to Parks and Recreation 2007-2008 budget re one-time expenses for landscaping at schools c. $625,652from Tourism Advertising Special Revenue Fund (TAP) to the Convention and Visitor's Bureaufor advertising and marketing activities 7. Resolution re the Effective Date of Ordinance #3005, which AMENDS City Code Sections 2-465 to 2-468 and ADDS City Code Sections H2-469 through 2-477 re creation of the Office of the City Auditor and abolish the Department of Audit Services February 12, 2008 II I II I - 16 - AGE N DA REV IE W S E S S ION ITEM # 57304 4. Application of JOHN SARGENT for Expansion of a Nonconforming Use re the conversion of a glassed-in porch, expansion of a utility room and add a new set of exterior stairs at 203 62nd Street (DISTRICT 5- LYNNHAVEN) Councilman Wood advised this is a non conforming use because three (3) dwellings currently exist on the site. Based on the size of the lot, the R-5R Resort Residential District allows one (1) single-family dwelling or one (1) duplex dwelling. Councilman Wood has spoken with the applicant's attorney. Dr. John Sargent actually resides in Washington, D.C. He is the President and Founder of an international company that focuses development on health care systems for the benefit of persons infected with HIV- Aids. Primarily, his emphasis is on individuals residing in South Africa. Mayor Oberndorf advised Dr. Sargent is a Bayside High School graduate. Dr. Sargent hired a contractor to convert a portion of the glassed-in porch on the rear of Unit 203 living area, to rehabilitate and expand the utility room and to add a new set of exterior stairs on the northern portion of the structure. There was little if any change to the exterior of the structure than what existed prior to the conversion, expansion and addition of the stairs. The contractor informed Dr. Sargent did not need a building permit. Dr. Sargent also has to redo much of the work as it does not comply with the Building Code. Dr. Sargent will have to spend significant funds to correct the contractor's mistakes. His attorney is in the process of registering a complaint with the State Board of Contractors. ITEM # 57305 5. Application of BONA VENTURE INVESTMENTS, LLC re Modification of a Conditional Change of Zoning (approved by City Council on December 12, 2006 for Ocean Properties, LLC) at Centerville Turnpike and Lynnhaven Parkway re proffers to allow a new site design, reduction of the retail space floor area and increase the number of dwelling units. (Deferred by City Council on February 5, 2008) This item will be discussed during the Formal Session. Jack Whitney, Director - Planning, will comment concerning the improvement over the previous application (Ocean Properties, LLC) re reduction in traffic, the Planning Commission's recommendation of approval and application's compatibility to the area. ITEM # 57306 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: L. PLANNING 1. Variance to ~4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO), Subdivision for u.s. Fish and Wildlife Service (USFWS) at 3180 New Bridge Road (DISTRICT 7 - PRINCESS ANNE) February 12, 2008 Ii I I - 17 - AGE N DA REV IE W S E S S ION ITEM # 57306 (Continued) 2. Application of A GAP AE INTERNA TIONAL CHURCH for Modification of a Conditional Use Permit (approved by City Council on December 3, 1996) to remove Condition No.6 in order to allow a portable unit to house Sunday School and Youth Ministry activities at 2641 Princess Anne Road (DISTRICT 7 - PRINCESS ANNE) 3. Applications for Change of Zoninf! District Classifications for: a. MOUNTAIN VENTURES VIRGINIA BEACH, LLC from AG-2 Agricultural District to Conditional B-2 Community Business District re retail and office space at Winterberry Lane and Princess Anne Road (DISTRICT 7 - PRINCESS ANNE) b. GARNETT POINT ROAD, LLC, from PD-H2 Planned Unit Development District (A-12) to P-1 Preservation District (approved by City Council June 12, 2007) re open space at 416-516 Garnett Point Road (DISTRICT 4 - BAYSIDE) February 12, 2008 - 18 - ITEM # 57307 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 thefollowingpurpose: PERSONNEL MATTERS: Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(l) Council Appointments: Boards, Commissions, Committees, Authorities and Agencies 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 City Property: Dome Site PUBLIC CONTRACT: Discussion of the award of a public contract involving the expenditure of public funds, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A) (30) Town Center Indoor ports Venue 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). 31st Street Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION at 4:02 P.M. February 12, 2008 - 19 - ITEM # 57307 (Continued) Voting: 10-0 Council Members Voting Aye: Harry E. Diezel William R. "Bill" DeSteph, Robert M Dyer Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva (Break: 4:05 P.M. - 4:12 P.M.) (Closed Session: 4:12 P.M. - 5:30 P.M.) (Dinner: 5:40 P.M. - 6:00 P.M.) I " February 12, 2008 II I - 20- FORMALSESSION VIRGINIA BEACH CITY COUNCIL February 12, 2008 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, Februaryl2, 2008, at 6:00 P.M Council Members Present: Harry E. Diezel, William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Ron A. Villanueva [Delayed at the Cincinnati Airport due to heavy snow) INVOCATION: Father Steve DeLeon, Pastor Star of the Sea Catholic 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. February 12,2008 II I I - 21 - 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. February 12, 2008 - 22- Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 57308 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: Harry E. Diezel William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva February 12, 2008 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 #57307, Page 18, 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. NOW; THEREFORE, BE IT RESOL VED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. 4f uth Hodges Fraser, MMC City Clerk February 12, 2008 - 23 - Item V-F.] ITEM # 57309 Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of February 5, 2008. Voting: 10-0 Council Members Voting Aye: Harry E. Diezel William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndor! John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva February 12, 2008 - 24- Item V-G.2. ADOPT AGENDA FOR FORMAL SESSION ITEM # 57310 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION February 12, 2008 - 25 - Item V-G.2. ADD-ON ITEM # 57311 Upon motion by Councilman Wood, seconded by Vice Mayor Jones, City Council ADDED TO THE A GENDA as Item 7: Resolution re the Effective Date of Ordinance #3005, which AMENDS City Code Sections 2-465 to 2-468 and ADDS City Code Sections ~~2- 469 through 2-477 re creation of the Office of the City Auditor and abolish the Department of Audit Services Voting: 10-0 Council Members Voting Aye: Harry E. Diezel William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndor! John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva February 12, 2008 I: I I - 26- Item V-H.1. PUBLIC BID OPENING ITEM # 57312 STUMPY LAKE GOLF COURSE - Lease for Operation Mayor Oberndorf read the invitation for bids - Lease of the Stumpy Lake Golf Course "The City invited bids for the lease of approximately 296 acres of land in the City of Virginia Beach, Virginia, comprising the Stumpy Lake Golf Course. Did the City Manager receive any bids by the deadline on October 17, 2007?" City Manager, James K. Spore: Madame Mayor, Members of City Council, four (4) bids were received by the deadline: Stumpy Lake Golf Course, Incorporated; New Stumpy Lake Golf Course, LLC; AJM Golf Management, Inc.; and Liberty Golf Group have each submitted a bid by the advertised deadline. " Mayor OberndorI "Are there any other bids to be offered to the City Council? City Manager, James K. Spore: "No, your Honor, there are not. " Mayor OberndorI "The City Council will proceed with its other business until the bids have been summarized and a recommendation is made. " Mayor OberndorI "Mr. Spore, is there a staff recommendation regarding the bids that have been received? " City Manager, James K. Spore:. "Yes, your Honor there is. The staff recommends accepting the bid of Stumpy Lake Golf Course, Incorporated. " Mayor OberndorI "Unless there is any objection from the City Council, I will accept the bid from the Stumpy Lake Golf Course, Incorporated on behalf of the City Council, and we will proceed with a Public Hearing on the lease to the Stumpy Lake Golf Course, Incorporated". Mayor OberndorI "Since I do not see or hear any objection, we will move on. It is the City Council's decision to accept the bid from Stumpy Lake Golf Course, Incorporated, who is determined to be the highest responsible bidder. Will the City Attorney prepare the Ordinance in accordance with the Council's decision? " City Attorney, Leslie L. Lilley: "Madame Mayor. It is on your agenda tonight. " Mayor OberndorI "1 now open the Public Hearing pertaining to the proposed lease of the property to Stumpy Lake Golf Course, Incorporated, pursuant to Virginia Code Section 15.2-1800. Is there anyone who wishes to be heard on the lease of the property to Stumpy Lake Golf Course, Incorporated? " City Clerk, Ruth Hodges Fraser: "No, Your Honor." Mayor OberndorI "Seeing there is no one who wishes to testify on this item, the PUBLIC HEARING is now CLOSED. " February 12, 2008 'II I 'I - 27- Item V-I.!. PUBLIC HEARING ITEM # 57313 Mayor Oberndorf DECLARED A PUBLIC HEARING: LEASE OF CITY-OWNED PROPERTY Tidewater Regional Group Home - 2293 Lynnhaven Parkway There being no speakers, Mayor Oberndorf DECLARED THE PUBLIC HEARING CLOSED: February 12, 2008 - 28 - Item V-I2. PUBLIC HEARING ITEM # 57314 Mayor Oberndorl DECLARED A PUBLIC HEARING: INGRESS/EGRESS EASEMENT U.S. Fish and Wildlife Service - New Bridge Road There being no speakers, Mayor Oberndorl DECLARED THE PUBLIC HEARING CLOSED: February 12, 2008 - 29- Item V-K. ORDINANCES/RESOLUTIONS ITEM # 57315 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION Ordinances/Resolutions 1, 2, 3, 4, 5, 6a1b/c and 7 (ADD-ON) of the CONSENT AGENDA. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva February 12, 2008 'Ii I I - 30 - Item V-K.1. ORDINANCES/RESOLUTIONS ITEM # 57316 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution in support of House Joint Resolution No. 89 directing the Auditor of Public Accounts study the operations and finances of the Southeastern Public Service Authority (SPSA) (requested by Councilman DeSteph) Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndor! John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva February 12, 2008 Requested by Councilmember DeSteph 1 A RESOLUTION IN SUPPORT OF HOUSE JOINT 2 RESOLUTION 89, DIRECTING THE AUDITOR OF 3 PUBLIC ACCOUNTS TO STUDY THE OPERATIONS 4 AND FINANCES OF THE SOUTHEASTERN PUBLIC 5 SERVICE AUTHORITY 6 7 WHEREAS, the City is a member of the Southeastern Public Service Authority 8 ("SPSA"), and the primary purpose of SPSA is to acquire, finance, construct, operate, 9 and maintain garbage and trash collection and disposal in each of its member localities; 10 11 WHEREAS, SPSA has amassed a debt of more than $300 million, which must 12 be paid in approximately eleven years; 13 14 WHEREAS, an independent analysis of SPSA's operations and finances is 15 needed; and 16 17 WHEREAS, Delegate John A. Cosgrove has introduced in the General Assembly 18 a House Joint Resolution that directs a study of SPSA's operations and finances; 19 20 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That the City Council supports House Joint Resolution No. 89 and requests that 24 the City's delegation to the General Assembly also support the legislation. 25 26 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 27 BEACH, VIRGINIA: 28 29 That the City Clerk is hereby directed to transmit a copy of this resolution to each 30 member of the City's local Delegation to the General Assembly and to Delegate 31 Cosgrove. 32 33 Adopted by the City Council of the City of Virginia Beach, Virginia, this 1-2-th-- 34 day of Fphrllrlry ,2008. APPROVED AS TO LEGAL SUFFICIENCY: ~~~ City Attorney's Offi CA10620 R-2 February 7,2008 2008 SESSION HOUSE SUBSTITUTE ~ '!: 'D - 084225472 1 HOUSE JOINT RESOLUTION NO. 89 2 AMENDMENT IN THE NATURE OF A SUBSTITUTE 3 (Proposed by the House Committee on Rules 4 on February 5, 2008) 5 (Patron Prior to Substitute-Delegate Cosgrove) 6 Directing the Auditor of Public Accounts to collect, receive, and analyze data and information relating 7 to the operation and finances of the Southeastern Public Service Authority of Virginia. Report. 8 WHEREAS, historically, solid waste had been handled in southeastern Virginia by the individual 9 localities, with each city or county either collecting and disposing of waste within its borders or 10 transporting the waste to a neighboring locality for disposal; and 11 WHEREAS, in 1973, local communities realized the need for a regional water supply system and 12 created the Southeastern Water Authority of Virginia, and in 1976, the local municipalities also realized 13 the need for regional management of their solid waste and agreed to establish the Southeastern Public 14 Service Authority of Virginia (SPSA); and 15 WHEREAS, upon its establishment, SPSA's responsibilities included the development of a regional 16 solid waste disposal system that included a resource recovery operation; and 17 WHEREAS, SPSA's mission is to dispose of waste "in an environmentally sensitive manner, 18 minimizing damage for current and future generations and reusing waste whenever possible, turning it 19 into a useful product"; and 20 WHEREAS, in 1977, the General Assembly authorized bonding authority for SPSA for the purpose 21 of providing acquisition, financing, construction, operation, and maintenance of a water system and a 22 garbage and refuse collection and disposal system; and 23 WHEREAS, in 1978, initial funding for SPSA's operation in the amount of $3 million was provided 24 through bond anticipation notes secured by four local communities; and 25 WHEREAS, during the mid-to-late 1980s, facilities were constructed with funding provided through 26 several bond issues and staff was hired to operate its facilities; and 27 WHEREAS, SPSA's member localities, which include the Cities of Chesapeake, Franklin, Norfolk, 28 Portsmouth, Suffolk, and Virginia Beach, and the Counties of Isle of Wight and Southampton, have 29 entered into Use and Support Agreements with SPSA that require the delivery of substantially all of the 30 waste generated within the member localities' boundaries, and these agreements will expire in 2018; 31 now, therefore, be it 32 RESOLVED by the House of Delegates, the Senate concurring, That the Auditor of Public Accounts 33 be directed to collect, receive, and analyze data and information relating to the operation and finances of 34 the Southeastern Public Service Authority of Virginia. 35 In collecting and analyzing such data and information, the Auditor of Public Accounts shall assess 36 SPSA's financial stability and performance, compare SPSA's operations with similar public and private 37 entities, and make such recommendations as he may deem relevant to the purposes of this study. 38 Technical assistance shall be provided by the staffs of the House Committee on Appropriations and 39 the Senate Committee on Finance. All agencies of the Commonwealth shall provide assistance to the 40 Auditor of Public Accounts in collecting the data and information, upon request. 41 The Auditor of Public Accounts shall submit to the Division of Legislative Automated Systems an 42 executive summary and the data and information collected, including any recommendations, on the 43 Southeastern Public Service Authority of Virginia no later than the first day of the 2009 Regular Session 44 of the General Assembly. The executive summary and data and information, including any 45 recommendations of the Auditor of Public Accounts, shall be submitted for publication as a report 46 document as provided in the procedures of the Division of Legislative Automated Systems for the 47 processing of legislative documents and reports and shall be posted on the General Assembly's website. 00 o ~ N ~ o q t1l tzj t1l q tJJ t1l ~ H ~ q ~ tzj ::r:: '-< 00 1.0 ::r:: ....... I I II, I - 31 - Item V-K.2. ORDINANCES/RESOLUTIONS ITEM # 57317 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to REVISE City Council's Policy to remove the limit on the number of speakers allowed during "OPEN DIALOGUE" after adjournment of the Formal Session at the first meeting of each month Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva February 12, 2008 1 2 3 4 5 6 AN ORDINANCE ADOPTING A PERTAINING TO SPEAKERS AT CITY APPROVING AND REVISED POLICY TIME LIMITS FOR COUNCIL MEETINGS 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That the City Council hereby approves and adopts the 11 revised policy entitled "Time Limits for Speakers at City 12 Council Meetings," dated February 12, 2008, which policy has 13 been exhibited to the City Council, and a true copy of which is 14 on file in the City Clerk's Office. 15 16 Adopted by the City Council of Virginia Beach, Virginia on 17 this 12th day of February, 2008. APPROVED AS TO LEGAL SUFFICIENCY: ;::e~ City AttorneY's~e CA-10623 Rl February 6, 2008 City Council Policy Title: Time Limits for Speakers at City Council Meetings Date of Adoption: March 11, 2003 Dates of Revisions: September 14, 2004 Page 1 of 3 March 27, 2007 February 12, 2008 1.0 Purpose and Need The purpose of this policy is to provide reasonable, workable time limits for speakers at City Council meetings. The need for such a policy was determined by the City Council at its retreat on February 18, 2003. The policy is intended to recognize and accommodate the mutual interests of persons desiring to speak at City Council meetings, the value to the City Council of public comment, and the need for the City Council to conduct business in an orderly, expeditious manner. This policy shall not apply to the discussion of agenda items by members of the City Council during City Council meetings or to City Staff members acting in such capacity. 2.0 Time Limits 2.1 Planning Agenda Items (a) Planning Agenda items include rezonings, conditional zonings, conditional use permits, land use plan approvals, code and Comprehensive Plan amendments, nonconforming use resolutions, street closures and any other items for which a public hearing is required pursuant to Chapter 22 of Title 15 of the Virginia Code. (b) The applicant, or representative of the applicant (generally, an attorney, professional engineer or other professional retained by the applicant) shall be allowed ten minutes for his or her initial presentation and an additional three minutes for rebuttal if any opponents of the application have spoken. (1) If there is more than one applicant (as, for example, when both the property owner and proposed developer are applicants) or if the applicant and representative both desire to speak, only one of them shall be allowed to speak for ten minutes. Upon request, however, the presiding officer may allow them to divide their time equally, so long as the total time of their initial presentation does not exceed ten minutes. (2) Speakers addressing the City Council in a representative capacity shall not be allowed additional time in which to speak on his or her own behalf. (c) All other persons speaking in support of the application shall be allowed three minutes, and shall not be entitled to speak in rebuttal of any opposition comments. (d) Opponents of an application shall be allowed three minutes each. In the event the opponents are represented by an attorney, engineer or other professional whose profession includes, as a customary part thereof, appearing before governmental bodies in a representative capacity, such representative shall be allowed ten minutes. In such cases, persons represented shall be encouraged not to provide additional comments. Title: Time Limits for Speakers at City Council Meetings Date of Adoption: March 11, 2003 Dates of Revisions: September 14,2004 Page 2 of 3 March 27, 2007 February 12, 2008 (1) Only one speaker in opposition to the application shall be allowed ten minutes to speak. If there is more than one representative described in subsection (d), only one of them shall be allowed to speak for ten minutes. Upon request, however, the presiding officer may allow them to divide their time equally, so long as the total time of their presentation does not exceed ten minutes. (e) Opponents of an application shall not be entitled to address the City Council in rebuttal of any statements or other material provided to the City Council during the applicant's rebuttal. 2.2 Regular Agenda Items (a) Regular agenda items include all other agenda items at which public comment is allowed. (b) Each speaker, whether or not in a representative capacity, shall be allowed three minutes. 2.3 Comment on Non-Agenda Items (a) Time shall be allotted after the conclusion of the first formal session of each month for non- televised public comments on non-agenda items. (b) Each speaker, whether or not in a representative capacity, shall be allowed five (5) minutes. (c) :'\t each meeting, up to ten (10) speakers may register to speak on non agenda items. If more than ten speakers request an opportunity to speak, only the first ten to register with the City Clerk shall be allowed to speak. 3.0 Timekeeping; Written Material (a) The City Clerk shall keep time for each speaker in accordance with the provisions of Section 2, and shall verbally notify the speaker and presiding officer at the expiration of the time allowed for each speaker. (b) Written comments or other material may be tendered to the City Clerk by any person desiring to do so. 4.0 Modification of Time limits (a) The presiding officer, with the consent of the City Council, may extend or reduce any of the time limits set forth in Section 2. (b) The time limits for speakers set forth in Section 2 shall be exclusive of the time taken in responding to questions of members of the City Council. 5.0 Registration of Speakers Any person desiring to address the Council shall register with the City Clerk prior to the opening of the meeting. The inadvertent failure to do so shall not, however, disqualify any person from speaking. Title: Time Limits for Speakers at City Council Meetings Date of Adoption: March 11, 2003 Dates of Revisions: September 14,2004 Page 3 of 3 March 27, 2007 February 12, 2008 6.0 Public Notice of Policy In accordance with City Code Section 2-41, this policy shall be included on the City's internet web site, posted outside of the City Council Chambers, and published in the City Council agenda for each regular meeting. - 32 - Item V-K.3. ORDINANCES/RESOLUTIONS ITEM # 57318 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to A UTHORIZE the City Manager to execute a one year lease with four renewal options with Tidewater Regional Group Home Commission at 2293 Lynnhaven Parkway Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva February 12, 2008 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR ONE 3 YEAR, WITH FOUR OPTIONAL ONE-YEAR 4 RENEWALS, WITH TIDEWATER REGIONAL 5 GROUP HOME COMMISSION, FOR 4,080 SQUARE 6 FEET OF CITY-OWNED LAND LOCATED AT 2293 7 L YNNHAVEN PARKWAY IN THE CITY OF VIRGINIA 8 BEACH 9 10 11 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 12 certain parcel of land located at 2293 Lynnhaven Parkway in the City of Virginia 13 Beach (the "Property"). 14 15 WHEREAS, Tidewater Regional Group Home Commission, a public body 16 corporate established pursuant to Virginia Code 916.1-315, et seq., ("TRGHC") 17 desires to lease 4,080 square feet of the Property as set forth on Exhibits A 18 and B (the "Premises"). TRGHC has agreed to lease the Premises from the City 19 for one year, with four optional one-year renewals, with a lease payment of One 20 Dollar ($1.00) per year. 21 22 WHEREAS, TRGHC has leased the Premises from the City for 23 approximately 30 years; 24 25 WHEREAS, the Premises will be utilized as a transitional living program 26 house providing residential housing for juvenile offenders and for no other 27 purpose. 28 29 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 30 OF VIRGINIA BEACH, VIRGINIA: 31 32 That the City Manager is hereby authorized to execute a lease for the term 33 of one year, with four optional one-year renewals, between TRGHC and the City, 34 for the Premises in accordance with the Summary of Terms attached hereto and 35 such other terms, conditions or modifications as may be satisfactory to the City 36 Manager and the City Attorney. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia on the 12th 39 day of February' 2008 CA 10545 V\applicationslcitylawprod\cycom32\Wpdocs\D027\P002\00036111.DOC R-2 February 1, 2008 APPROVED AS TO LEGAL SUFFICIE~~A~.D.. F. M ~~ City Attorney APPROVED AS TO CONTENT , , ; ~' /. ~/(~I Ignature / 1)1115 ft;rc ('f-cd ~f Department 2 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 Band 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. V \applications\citylawprodlcycom32\ W pdocslDOO I IP002\00048 183 . DOC Exhibit B (]) s o ~~ ;j~ o~ ;.... ~ ~ (]) ..- >- ro ro s~ ....... ~ bJ)~ (]) ~ ~~ ;""("f') (])o-., ~C"l ~C"l (]) "'0 . ...... ~ 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, including the existing residence, located at 2293 Lynnhaven Parkway in the City of Virginia Beach TERM: February 15,2008 through February 14,2009. RENEWAL: Four optional one-year terms. TERMINATION: City may terminate at any time on thirty (30) days written notice to Lessee. RENT: Rent shall be one dollar ($1.00). RIGHTS AND RESPONSIBILITIES OF TIDEW A TER REGIONAL GROUP HOME COMMISSION: . Will use the Premises for a transitional living program providing residential housing for juvenile offenders and for no other purposes. . Will comply with all terms, conditions and reporting requirements regarding the behavior ofthe residents set forth in the Lease and Memoranda of Understanding between TRGHC and the City, attached as Exhibit I, 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 ofthe 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. , 'I RIGHTS AND RESPONSIBILITIES 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. V\applications\citylawprod\cycomJ 2\ W pdocsID02 7\P002\00036 J 12 DOC EXHIBIT 1 TIDEWATER REGIONAL GROUP HOME COMMISSION 2404 Airline Boulevard, Portsmouth, Virginia 23701 Telephone: (757) 488-9161 · Fax:: (757) 488-9652 MEMORANDUM OF UNDERSTANDING Between the City of Virginia Beach and Tidewater Regional Group Home Commission July 1,2007 The intent of this memorandum is to establish guidelines which will enhance the level of cotninunication 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 Horne). TRGHC will report the following information to the City Manager's Office: 1. Any incidelits.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 ofa program, to close a program or to change the target population to be served. 3. Any sanctions by regulatory authorities. 4. Any founded child protective services reports against staff of the facilities. 5. Injury or illness (requiring hospitalization) or death of a program resident. 6. Any legal action taken against the program or TRGHC. 7. Any 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 of the 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. f'ltip<.: n-f rhpC''Ar\pSl.lrp Q Pr'1nlrl~n e PnrtC'rnf'll1th n Q".fFn.l1,. g. ";.-rr;t11'A 'P,p'Arh 'Anrl (\...nrd;,." ~rT~l_ _1:' nr 1. n...... .. 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 of TRGHC will hold a face to face meeting at least annually to review areas of mutual interest and to address any pending issues. 12t~ Executive Director, TRGHC ?-/1-/o7 Date /tfktu( 7J uJaUm r;/~~/07 Date' I Susan D. Walston Chief of Staff, City of Virginia Beach EXHIBIT 2 Memorandum of Understanding between the Virginia Beach Police Department (VBOP) and Transitional Living Program (TLP), a program operated by the Tidewater Regional Group Home Commission (TRGHC) June 20, 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 (i.e. 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 (Electron~q 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 VBPO of youths who are AWOL or have generated GPS alerts The VBPD 4th Precinct will visit TLP every 4-6 weeks to interact with youth and "humanize" the police. Also provides opportunity for PO to become familiar with youths. In addition, an officer of the VBPO 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. 6polo 7 Date ~.c. $" tJ '7 Date - 33 - Item V-K.4. ORDINANCES/RESOLUTIONS ITEM # 57319 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to GRANT an ingress/egress easement over City property to the U.S. Fish and Wildlife Service (USFWS) re Back Bay National Wildlife Refuge's expansion at 3180 New Bridge Road Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva February 12,2008 1 AN ORDINANCE TO AUTHORIZE AN 2 EASEMENT OVER AND ACROSS A 3 PORTION OF CITY PROPERTY 4 LOCATED AT 3180 NEW BRIDGE 5 ROAD IN THE CITY OF VIRGINIA 6 BEACH, VIRGINIA TO THE UNITED 7 STATES OF AMERICA 8 9 WHEREAS, the City ("City") is the owner of certain land (the "City Property") 10 located at 3180 New Bridge Road in the City of Virginia Beach, Virginia; 11 12 WHEREAS, pursuant to an Agreement for the Purchase of Lands dated May 8, 13 2007, as amended by an Amendment to Agreement for the Purchase of Lands dated of 14 even date therewith, the United States of America (the "United States") plans to 15 purchase 10 acres of the City Property (the "US Property") located in the Southeast 16 corner and adjacent to other United States lands; 17 18 WHEREAS, the City wishes to create a perpetual easement over the area shown 19 on that certain amended subdivision plat entitled: "AMENDED SUBDIVISION OF INEZ 20 P. WHITE PARCEL X (INST. NO. 20060127000149320) FOR THE CITY OF VIRGINIA 21 BEACH VIRGINIA BEACH, VIRGINIA" (the "Plat") attached hereto and incorporated 22 herein by reference for the benefit of the United States for the purpose of providing 23 access to New Bridge Road. 24 25 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 1. That the City Council approves the granting of a perpetual, non-exclusive 29 easement (the "Easement") for the benefit of the United States Property over and 30 across the Easement Area for the purpose of providing access to New Bridge Road. 31 32 2. That the Easement is expressly subject to those terms, conditions and 33 criteria contained in the Deed of Easement between the City of Virginia Beach and the 34 United States (the "Agreement"), which is attached hereto and incorporated by 35 reference. 36 37 3. That the City Manager or his authorized designee is hereby authorized to 38 execute the Agreement and any other documents necessary and appropriate in 39 connection with the easements, so long as such documents are acceptable to the City 40 Manager and the City Attorney. 41 42 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day 43 of Fphrll~ry ,2008. CA-10548 v :\applications\Citylawprod\cycom32\Wpdocs\DO 18\P002\0004 7375. DOC R-1 2/1/2008 APPROVED AS TO CONTENT fS C, 00ws~ L1C WORKS/REAL ESTATE APPROV.E~r~~A~.~ AL S~/y..M CITY ATTORNEY \6 "'o? C~ :'i <2.~ ca\ ",... 't,q.. ~~ cot u~ ~ ~~~ ~ g ~@I~~ O~~~~ ~~~~~ zUJt-= lJ ~~ i-....-....- ,: '-r"-.. . .- i ! "--'-. .. f f ! ci 15 t;; Ct . 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J~ J" '.o'J' 'J'".." ~.~:..". ....06. 1'''. · -.~~Z.~ J".,o~ 7':';:::;;; , . -/1 ~,'1 .. . ~r:. #' ~...:,""#!l :.. or':r;:" .. ..., -""'1" . r:IIi... vi: '$1 "fol.... s 10'5 Vi '.. g. _, "" .......~S.S8op.. t - y, ............ ~.11 .. ........~ ...:' ,. · T4'-J · y!~:e "'t!:!, , .' ;'1\0 l:r ; ;1 ! a.i. .~. ~.~ }'.' '" ::i8 ~ -:~ ~j:;'.s:. ~ '- 3!]. lS' 1 228:2;:"-'-__.~ S 82""53" E ~]1 .. ~ i~ "'.- ...... "';/~ "'. . -..... ,- :"" , ~ : PARCEL X-2 ~, INST. NO. 20071107001503910 (PLAn i51: GPIN 2413-71-5222 ~, AREA = 435,600 SQ. FT. : OR 10.00 ACRES .' (NOT A BUILDING SITE) . ..J . . .." ..,. .~i o. "', ~: BOUNDARY LINE AGREEMENT~ INST. NO.2oo7l102001482270 (PLAn i 9: :08 I~. ."'... ..... 1 ~ N . 3431374.27 ~ "" E = 12217668.51 : PROPOSED 15' INGRESS /EGRESS EASEMENT FOR THE BENEFIT OF PARCEL X-2 AREA= 11,516 SQ. FT. OR 0.2644 ACRE NOW OR FORMERLY CllY OF VIRGINIA BEACH INST. NO. 20060601000831300 PARCEL X-1 INST. NO. 2007110700153910 (PLAn GPIN 2413-71--{)580 AREA = 1,548,363 SQ. FT. OR 35.54553 ACRES (NOT A BUILDING SITE) : : , , , . , : , : , : LEGEND . PIN (F) o CONe. MON. PIN 00 AXLE (F) @ PIPE (F) , : , . . , GRAPHIC SCALE 10 = 100' O' 100' 200' easement exhibit.dgn 2/4/200811 :28:12 AM NOW OR FORMERLY FRIENDS SCHOOL,INe. INST. NO. 200401220012247 M.B.145 PG. 25 GPIN 2413-72-8206 ~ w f-~ ~~ Vl< w:I: f-- ~~ ~~ oeo o~ U . Cl w<. 3z 0.."; wZ <0 f-N Vl <:I: -5 ~o ~Vl :> 'f1~ 1 . .. i~~ . ... iOv, .~~ I ~ : "" NOW OR FORMERLY JOHN W. CROMWELL, JR. & ELIZABETH WINTERS CROMWELL D.B. 2940 PG.1330 M.B.160 PG. 34 GPIN 2413-82-8269 EXHIBIT DRAWING OF PROPOSED 15' INGRESS /EGRESS EASEMENT FOR THE BENEFIT OF PARCEL X-2 DEED OF EASEMENT THIS DEED OF EASEMENT is made as of the _ day of ,2008, by and between THE CITY OF VIRGINIA BEACH, a municipal corporation ofthe Commonwealth of Virginia (the "City"), grantor for purposes of indexing, and THE UNITED STATES OF AMERICA (the "United States"), grantee for purposes of indexing. RECITALS R-l. The City is the owner of that certain parcel ofland (the "City Parcel") located in the City of Virginia Beach, Virginia, known as Parcel X-Ion that certain subdivision plat (the "Subdivision Plat") entitled "Amended Subdivision oflnez P. White Parcel X (Inst. No. 20060127000149320) (Plat) For The City of Virginia Beach Virginia Beach, Virginia" prepared by the City of Virginia Beach, Department of Public Works, Engineering Division, Survey Bureau, dated December 19,2007, and recorded in the Clerk's Office for the Circuit Court of the City of Virginia Beach (the "Clerk's Office") as Instrument Number R-2. The United States is the owner ofthat certain parcel (the "US Parcel") ofland located in the City of Virginia Beach, Virginia, known as Parcel X-2 on the Subdivision Plat. R-3. The City wishes to create a perpetual, non-exclusive easement (the "Easement") for the benefit ofthe US Parcel, through, over and across the area designated on the Subdivision Plat as "15' Ingress/Egress Easement Hereby Established For The Benefit of Parcel X-2 Area = 11,516 Sq. Ft. Or 0.2644 Acre" (the "Easement Area") for the purpose of providing access to New Bridge Road. NOW, THEREFORE, for and in consideration ofthe foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Easement. The City hereby grants to the United States, for the benefit of the US Parcel, the non-exclusive right, privilege and easement through, over and across the Easement Area for the purposes of ingress/egress to New Bridge Road and for no other purpose. 2. Maintenance of Easement Areas. The United States shall use every effort to minimize damage to the City Parcel, including the Easement Area, and shall promptly restore any such damage. 3. No Impairment. The United States agrees that it will use the rights granted under this Deed of Easement with due regard to the rights of others in their use of such non-exclusive easements. They shall not use such non-exclusive easements in any way that would impair the rights of others to use the easements. 4. Notices. All notices, requests or other communications under this Deed of Easement shall be in writing and shall be deemed duly given upon delivery to the following applicable addresses either (i) in person or by reputable overnight or other private courier (with receipt therefor); (ii) by certified or registered mail, return receipt requested; or (iii) by facsimile transmittal, provided that the notice shall also be sent, either by certified mail, return receipt I I I I requested, or by Federal Express or other reputable overnight courier service within one (1) business day after such facsimile transmittal, as follows: As to the City: City of Virginia Beach Attn: James C. Lawson City Real Estate Agent Department of Public Works-Office of Real Estate 2405 Courthouse Drive, Room 392 Virginia Beach, Virginia 23456-9030 Fax #: 757-385-4456 Copy to: Office of the City Attorney 2412 North Landing Road Municipal Center Building 20, First Floor Virginia Beach, Virginia 23462 Fax #: 757-385-1167 As to the United States: Copy to: 5. Miscellaneous. (a) No person shall, as a result of this Deed of Easement, acquire any right, title or interest in any portion of any property belonging to another except for such rights as are created expressly by this Deed of Easement, and nothing in this Deed of Easement shall be construed as creating any rights in or for the benefit of the general public. . (b) If any provision of this Deed of Easement shall be determined to be void or unenforceable by any court of competent jurisdiction, then such determination shall not affect any other provisions of this Deed of Easement, all of which other provisions shall remain in full force and effect. If any provision of this Deed of Easement is capable of two constructions, one of which would render the provision void and the other of which would render the provision valid, then the provision shall have the meaning that renders it valid. (c) Article headings, captions and other similar designations are for convenience and reference only, and in no way define or limit the scope and content of this Deed of Easement or affect its provisions. 2 (d) This Deed of Easement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. (e) There shall be no merger of any easement or other estate created by this Deed of Easement with the fee estate in any real property by reason of the fact that the same person may acquire or hold (i) such easement or other estate created by this Deed of Easement or any interest in such easement or estate and (ii) the fee estate in the real property subject to such easement or any interest in such fee estate, and no such merger shall occur unless and until all persons, including any mortgagees, having any interest in (i) the easement or other estate in question, and (ii) the fee estate in the real property so affected, shall join in a written instrument effecting such merger and shall duly record the same. 6. Counterparts. This Deed of Easement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 7. Vacation of Easement. In the event the United States properly vacates the property line to the South of the US Parcel that separates the US Parcel from adjacent property currently owned by the United States (GPIN 2414-79-7730), then the United States agrees to vacate this Deed of Easement and record any documents necessary to effect such vacation of this Deed of Easement in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. 3 I I I I WITNESS the following signatures and seals: CITY OF VIRGINIA BEACH ( seal) By: City Manager/Authorized Designee of City Manager ATTEST: Ruth Hodges Fraser City Clerk COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this _ day of , 2008, by , City Manager/Authorized City Manager of the City of Virginia Beach, Virginia, on its behalf. He/she is personally known to me. Notary Public My Commission expires My Registration number: COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this _ day of , 2008, by Ruth Hodges Fraser, City Clerk of the City of Virginia Beach, Virginia, on its behalf. She is personally known to me. Notary Public My Commission expires My Registration number: Approved as to Content: Approved as to Form: City Real Estate Agent City Attorney 4 5 I I I UNITED STATES OF AMERICA By: - 34 - Item V-K.5. ORDINANCES/RESOLUTIONS ITEM # 57320 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to grant a 10-year LEASE of Stumpy Lake Golf Course to Stumpy Lake Golf Course, Inc. re renovation and operation until December 31, 2017, with renewal options Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva February 12, 2008 1 AN ORDINANCE AUTHORIZING THE ACCEPTANCE 2 OF PROPOSAL AND LEASE OF THE STUMPY LAKE 3 GOLF COURSE TO STUMPY LAKE GOLF COURSE, 4 INCORPORATED FOR THE PURPOSE OF 5 RENOVATING AND OPERATING THE PROPERTY 6 UNTIL DECEMBER 31, 2017 WITH TWO FIVE-YEAR 7 RENEWAL OPTIONS. 8 9 10 11 WHEREAS, the City of Virginia Beach, Virginia (City) is the owner of 12 approximately 296 acres of land improved as a golf course generally known as Stumpy 13 Lake Golf Course, which is a portion of property acquired from the City of Norfolk (the 14 "Property"); 15 16 WHEREAS, the City has leased the Property to Stumpy Lake Golf Course, 17 Incorporated ("SLGC") since October of 2001 and under the terms of that lease, SLGC 18 has been responsible for the operation and management of the Stumpy Lake Golf 19 Course; 20 21 WHEREAS, in September 2007, City Council directed staff to publish a Request 22 for Letters of Interest and Qualification and then a Request for Proposal for the purpose 23 of finding a long-term operator of the Property and entering into a long-term lease of the 24 Property with that operator; 25 26 WHEREAS, after a review of all proposals, staff has recommended acceptance 27 of the proposal of SLGC for renovation and a new long term lease of the Property; 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: 31 32 1 . The proposal for the renovation and operation of the Property from 33 Stumpy Lake Golf Course, Incorporated, is hereby accepted; and 34 35 2. That the City Manager is hereby authorized to execute a Stumpy Lake 36 Lease Agreement, between Stumpy Lake Golf Course, Incorporated and the City, for a 37 term in excess of five years, to expire on December 31, 2017 with two additional five- 38 year renewals upon the election of Stumpy Lake Golf Course, in accordance with the 39 Summary of Terms attached hereto as Exhibit A and such other terms, conditions or 40 modifications as may be satisfactory to the City Manager and the City Attorney. i I 41 42 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of February, 2008. CA 10542 V. lapplicationslcitylawprodlcycom321 W pdocsID03 OIP002100044 719. DOC February 1, 2008 R-1 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: '\ I ~~.. ~/ / '. ~ y // //\. // City Attorney's Office I I SUMMARY OF TERMS Property: Approximately 296 acres known as the Stumpy Lake Golf Course Landlord: The City of Virginia Beach Tenant: Stumpy Lake Golf Course, Incorporated ("SLGC") Term: Initial term of January 1,2008 through midnight, December 31,2017. Two five-year optional extensions upon the election of SLGC. Purpose: To operate a public golf course Rent Payments: (i) Monthly rent equal to ten percent (10%) of monthly gross revenues generated at the course when cumulative gross revenues for the year are between zero and $900,000. Three percent (3%) of that 10% shall be deposited into an account controlled by the City for capital improvements. (ii) Monthly rent equal to ten percent (10%) of monthly gross revenues generated at the course when cumulative gross revenues for the year are between $900,000 and $1,000,000 with no capital improvement payments. (iii) Monthly rent equal to twelve percent (12%) of monthly gross revenues generated at the course when cumulative gross revenues for the year exceed $1,000,000. Capital Improvements: (i) SLGC to invest and make $545,000 in capital improvements during the first two years of the agreement and $250,000 during the final eight years of the agreement (total capital contribution from SLGC, $795,000) (ii) City to contribute $300,000 for additional capital improvements after SLGC has invested at least $300,000. City and SLGC to enter into a cost participation agreement for construction of improvements paid for by City. I II - 35 - Item V-K.6.aJb/c. ORDINANCES/RESOLUTIONS ITEM # 57321 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinances to APPROPRIATE and TRANSFER a. $36,655 from School's Instruction Category to the Administration Category within the 2007-2008 budget re Grants Manager position b. $207,270 from Schools Landscaping Internal Service Fund to Parks and Recreation 2007-2008 budget re one-time expenses for landscaping at schools c. $625,652from Tourism Advertising Special Revenue Fund (TAP) to the Convention and Visitor's Bureaufor advertising and marketing activities Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndor! John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva February 12,2008 1 AN ORDINANCE TO TRANSFER $36,655 FROM THE 2 SCHOOL'S INSTRUCTION CATEGORY TO THE 3 ADMINISTRATION CATEGORY WITHIN THE FY 2007-08 4 OPERATING BUDGET 5 6 7 WHEREAS, the School Board has requested a transfer from their Instruction 8 Category to their Administration Category. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 That $36,655 is hereby transferred from the School's Instruction Category to the 14 Administration Category within the FY 2007-08 Operating Budget. 15 16 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of 17 February, 2008. Requires an affirmative vote by a majority of the members of City Council. Approved As to Content: Approved As To Legal Sufficiency: 1) ~, Management Services CA10616 R-1 January 30, 2008 SCHOOL BOARD Daniel D. Ectward. Chairman District 1 - Ce<1leivil1e 1513 Beaclw1ew Drive VA Bea:h.. VA 2J.464 495-3551 (h). 717.0259 (e) Rib Swett aenlllo VIa Chairman At-Url)a P.O. Box 6<<8 VA Beach. VA 23456 418-0960 (e) Todd C. Davidson At.Urge 2424 Savannah Tral VA Bea:h. VA 23456 427.3330 (w) . 285-9409 (C) Emma L "Em" Divis Disinct 5 - Lynnhaven 1125 Michaetwood Drive VA Bea:h. VA 23452 340-8911 (h) Palrlcll G. Edlll<lnlOn District 6 . Beach 401.205 Harbour Poinl VA 8ea;h, VA 23451 675'() \ 37 (el Edward F. Fillinger, Sr. At.lBrge 412 Becton Place VA 8ea:h, VA 23452 48fr4567 (h) Dan R. tow. Dislrict 4 . Bayside 4617 Red Coal Roai VA Beach. VA 23455 49Q.3681 (h) Lyndon S. Reml.. Oislricl 7 - Princess Anne 3225 Nansemond Loop VA Beach, VA 23456 630-6102 (c) Sll1dra SmlIt1.Jonn Dislricl 2 - Kempsville 705 RDcI< Creel< Court VA Beach, VA 23462 490-8167 (h) Mlcllael W. Stewart Disbic13. Rose Hall 105 8renlwood Court VA Beach, VA 23452 49fr4303 (h) . 445-4637 (w) CaroJyn D. Weems At-l3ge 1420 Ciaudia Diive VA Beach. VA 23455 464-6674 (hI SUPERINTENDENT -9IRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE RESOLUTION REGARDING CATEGORICAL TRANSFER WHEREAS, the Superintendent implemented a reorganization of the central office which resulted in a reduction in the number of positions and also a reallocation of other staff to schools and other departments; and WHEREAS, one position, Grants Manager, was transferred from the Curriculum Department to the Budget and Finance Department which crosses funding categories; and WHEREAS, the Administration recommends that $36,655 be transferred to the appropriate funding category; and WHEREAS, the Board approves and affirms the recommended transfer of these funds; and WHEREAS, a categorical transfer is necessary to place these funds in the appropriate budget category; and WHEREAS, any transfer of funds between categories must be approved by City Council prior to transfer and expenditure of funds by the School Board. NOW, THEREFORE, BE IT RESOLVED: That the Board approves and affirms the recommended transfer and uses of these funds and directs Administration to proceed with expending these funds (after approval of the City Council); and be it FURTHER RESOLVED: That the Board requests the City Council to approve the categorical transfer as follows: · $ 36,655 from Instruction to Administration and be it FURTHER RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 22nd day of January 200 SEA L ATTEST: ~f~ Dianne P. Alexander, Clerk of the Board School Administration Building' 2512 George Mason Drive' P.O. Box 6038 . Virginia Beach, VA 23456-0038 James G. IiIen1U. Ed.D. 2512 GeJrge Mason oms VA Beach, VA 23456 263-1007 1 AN ORDINANCE TO APPROPRIATE $207,270 FROM THE 2 FUND BALANCE OF THE SCHOOLS LANDSCAPING 3 INTERNAL SERVICE FUND TO THE PARKS AND 4 RECREATION DEPARTMENT'S FY 2007-08 OPERATING 5 BUDGET TO FUND ONE-TIME EXPENSES 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 That $207,270 in revenue from the fund balance of the Schools Landscaping 9 Internal Service Fund is hereby appropriated in the Parks and Recreation Department's FY 10 2007 -08 Operating Budget to fund one-time expenses, with revenue from local sources 11 increased accordingly. of Fobruary Adopted by the Council of the City of Virginia Beach, Virginia on the 12th ,2008. day Approved as to Content: Approved as to Legal Sufficiency: 53 0!V0C\. ~l~ 9JY Attorney's Office CA10614 R-2 January 30, 2008 1 AN ORDINANCE TO APPROPRIATE $625,652 FROM FUND 2 BALANCE IN THE TOURISM ADVERTISING PROGRAM 3 SPECIAL REVENUE FUND TO THE FY 2007-08 4 OPERATING BUDGET OF THE CONVENTION AND 5 VISITORS BUREAU FOR ADVERTISING AND MARKETING- 6 RELATED ACTIVITIES 7 8 WHEREAS, $625,652 of the fund balance in the Tourism Advertising Program 9 Special Revenue Fund should be appropriated to fund advertising and marketing activities. 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That $625,652 is hereby appropriated from fund balance in the Tourism Advertising 15 Program Special Revenue Fund to the FY 2007-08 Operating Budget of the Convention 16 and Visitors Bureau for advertising and marketing activities, with estimated revenues from 17 the use of Fund Balance increased accordingly. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 7.th day of Februiiry , 2008. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B~C\.~ Management Services CA10619 R-1 January 30, 2008 I I I - 36 - Item V-K. 7. ORDINANCES/RESOLUTIONS ITEM # 57322 ADD-ON Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution re the Effective Date of Ordinance #3005, which AMENDS City Code Sections 2-465 to 2-468 and ADDS City Code Sections 992- 469 through 2-477 re creation of the Office of the City Auditor and abolish the Department of Audit Services Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva February 12, 2008 1 A RESOLUTION REGARDING THE EFFECTIVE DATE OF 2 CITY COUNCIL ORDINANCE #3005, WHICH AMENDS 3 CITY CODE SECTIONS 2-465 TO 2-468 AND ADDS 4 SECTIONS 2-469 TO 2-477 TO CREATE THE OFFICE OF 5 THE CITY AUDITOR AND TO ABOLISH THE 6 DEPARTMENT OF AUDIT SERVICES 7 8 WHEREAS, on December 11, 2007, City Council adopted An Ordinance 9 Amending City Code Sections 2-465 to 2-468 and Adding Sections 2-469 to 2-477 to 10 Create the Office of the City Auditor and to Abolish the Department of Audit Services 11 ("City Council Ordinance #3005); 12 13 WHEREAS, the effective date of that ordinance is February 16, 2008; and 14 15 WHEREAS, candidates for appointment to the position of City Auditor have not 16 been interviewed, and appointment of the City Auditor should occur before the changes 17 in the December 2007 ordinance are implemented. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH: 21 22 1. That City Council Ordinance #3005 is hereby amended to provide that the 23 effective date of the ordinance shall be delayed indefinitely pending appointment of the 24 City Auditor. 25 26 2. That, at the future direction of City Council, the City Attorney shall draft a 27 resolution that appoints the Council-selected candidate as City Auditor and that 28 provides a date certain for the implementation of City Council Ordinance #3005. Adopted by the City Council of the City of Virginia Beach, Virginia, this 12th day of Fphrm~ry ,2008. APPROVED AS TO LEGAL SUFFICIENCY: Z,h~ r;- City Attorney's Office CA 10625 R-2 February 11, 2008 i I - 37 - L. PLANNING ITEM # 57323 1. U.S. FISH AND WILDLIFE SERV ICE VARIANCE 2. AGAPAE INTERNATOINAL CHURCH MODIFICATION CONDITIONAL USE PERMIT (Approved 12/03/96) 3.a. MOUNTAIN VENTURES VIRGINIA CONDITIONAL CHANGE OF ZONING 3.b. GARNETT POINT ROAD, LLC CHANGE OF ZONING (Approved 6/12/2000) 4. JOHN SARGENT EXPANSION OF A NONCONFORMING USE 5. BONA VENTURE INVESTMENTS, LLC MODIFICATION CONDITIONAL CHANGE OF ZONING (Approved: 12/12/2006) February 12, 2008 I I - 38 - Item L.l ITEM # 57324 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items 1, 2 and 3a1b of the PLANNING BY CONSENT AGENDA: Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva February 12, 2008 I I II - 39- Item L.l. ITEM # 57325 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED a Variance to 94.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO), Subdivision for u.s. Fish and Wildlife Service (USFWS) at 3180 New Bridge Road (DISTRICT 7 - PRINCESS ANNE): Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for City of Virginia Beach. Property is located at 3180 New Bridge Road (GPIN 2413710629). DISTRICT 7 - PRINCESS ANNE. The following condition shall be required: 1. The parcels shall be subdivided and recorded as depicted on the plan entitled "City of Virginia Beach Parks and Recreation Department" prepared by the City of Virginia Beach and dated November 29, 2007. This exhibit is on file with the Planning Department. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndor! John E. Uhrin, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva February 12, 2008 I I II - 40- Item L.2. ITEM # 57326 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED and directed STAFF TO LOOK AT LAND USE RE YOUTH, Application of AGAPAE INTERNATIONAL CHURCH for Modification of a Conditional Use Permit (approved by City Council on December 3, 1996) to remove Condition No. 6 in order to allow a portable unit to house Sunday School and Youth Ministry activities at 2641 Princess Anne Road ORDINANCE UPON APPLICATION OF AGAPAE INTERNATIONAL CHURCH FOR A MODIFICATION OF CONDITIONS FOR A REQUEST APPROVED BY CITY COUNCIL ON DECEMBER 3, 1996. BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Agapae International Church for a Modification of Conditions for a request approved by City Council on December 3, 1996. Property is located at 2641 Princess Anne Road (GPIN 1494641457). AICUZ is Less than 65 dB Ldn. DISTRICT 7 - PRINCESS ANNE. The following conditions shall be required: 1. All conditions, with the exception of Condition 6 attached to the Conditional Use Permit granted by City Council on December 3, 1996, shall remain in affect. 2. Condition 6 of the December 3, 1996, Conditional Use Permit shall be deleted and replaced with the following: One (1) portable modular structure shall be allowed for three (3) years from the date of City Council approval of this 2007-08 Modification of Conditions application. The portable modular structure shall adhere to the following: a. The portable structure shall be located on the site in substantial accordance with the submitted marked-up site plan entitled "Preliminary Site Plan of Agapae International Church" prepared by Engineering Services and plotted on 07/23/98. A copy of this site plan has been exhibited to the City Council and is on file in the Planning Department. b. The portable structure shall complement the exterior building materials, with respect to color and material, of the existing church, and shall be substantially in conformance with the elevation entitled "Models S04824 and S06424". A copy of the elevation plan has been exhibited to the City Council and is on file in the Planning Department. c. The portable structure shall have skirting around the entire base of each building to screen the under-carriage of the unit. Foundation landscaping shall be provided along the entire base, except the portion of portable structure adjacent to existing church. Shrubs shall be a minimum of 36-inches in height and spaced a maximum of four (4) feet off center. d. The applicant shall obtain all necessary permits and inspections from the Department of Planning, Permits and Inspections Division. A Certificate of Occupancy shall be obtained before occupancy of the structure. February 12, 2008 I i II I - 41 - Item L.2. ITEM # 57326 (Continued) PLANNING This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of February Two Thousand Eight Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva February 12, 2008 I I - 42- Item L.3.a. ITEM # 57327 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of MOUNTAIN VENTURES VIRGINIA BEACH, LLC for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF MOUNTAIN VENTURES VIRGINIA BEACH, 1.1.c. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 AGRICULTURAL DISTRICT TO CONDITIONAL B-2 Z02081206 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Mountain Ventures Virginia Beach, L.L.C. for a Chanf!e of Zoning District Classification from AG-2 Agricultural District to Conditional B-2 Community Business District on property located approximately 285 feet northwest of the intersection of Winterberry Lane and Princess Anne Road (GPIN 1494096316). DISTRICT 7 - PRINCESS ANNE. The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. his Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of February Two Thousand Eight Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva February 12, 2008 I I II i CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6753 FROM: Leslie L. Lilley fI::::> B. Kay Wilson~ DATE: February 1, 2008 DEPT: City Attorney DEPT: City Attorney TO: RE: Conditional Zoning Application: Mountain Ventures Virginia Beach, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on February 12, 2008. I have reviewed the subject proffer agreement, dated November 6, 2007 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter fu rther. BKW/bm Enclosure / cc: Ka~n Hassen o. i i II I Document Prepared By: Troutman Sanders LLP 222 Central Park A venue, Suite 2000 Virginia Beach, VA 23462 AGREEMENT TIDS AGREEMENT (the "Agreement") is made as of this 6th day of November, 2007, by and between MOUNTAIN VENTURES VIRGINIA BEACH. LLC, a Delaware limited liability company (hereinafter referred to as the "Grantor"), the current owner of that certain property located in the City of Virginia Beach, Virginia, identified by GPIN 1494-09-3487, as more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property"), and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). WIT N E SSE T H: WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from AG-2 to Conditional B-2; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned Conditional B-2 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-2 zoning districts by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive GPINs 1494-09-3487 i I implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The Grantor shall develop the Property in substantial conformity with the concept plan prepared by Vanasse Hangen Brustlin, Inc., dated November 1, 2007, entitled "Conceptual Site Plan of Additional Landstown Commons Parcel" (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. 2. The Grantor shall construct a one-story building of up to 8,000 square feet on the Property in the location identified on the Concept Plan as "PROPOSED RETAIL 'J"', which building shall be used for retail purposes and which shall be constructed using building materials and architectural designs substantially similar to and compatible with the designs and materials used in the adjacent Landstown Commons shopping center. 3. The development on the Property shall form an addition to and share in all of the amenities of the adjacent Landstown Commons shopping center, including, without limitation, parking and vehicular and pedestrian access over and across the shopping center. 4. At the time each section or phase of the Property is developed, the Grantors shall install a combination of landscaping and berming of at least thirty feet (30') in width along Princess Anne Road, in substantial conformity with the landscaping shown on the Concept Plan and the Street Section exhibit set forth on Sheet 7 of the Design Handbook for Landstown Commons, dated June 1, 2005, and prepared by Wakefield Beasley & Associates (the "Design Handbook"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. 2 I I 5. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. 3 I I II I IN WITNESS WHEREOF, the undersigned Grantor executes this .Agreement as of the date first written above. GRANTOR: MOUNTAIN VENTURES VIRGINIA BEACH, LLC, a Delaware limited liability company By: GOODMAN PROPERTIES. INC., a Delaware corporation. its Manager By: ~~~q'~- Name: Lawrence A Silvestri TItle: Vice President STATElCo~l()(iOa- CITY/COUNTY OF , to-wit: nt was acknowledged before me this ~y of , who is pc;JSODal.lv known to ~ or has as identification in his capacity as Vice President of Goodman Properties, Inc., a Delaware corporation, on behalf of the corporation. ~Q /i~ Notary Public ~ A. Drusro My commission expiIes: -:J- /J.()/~/' Notary Registration Number:;It. D.D ~q S'Lf q )-- [An affixed seal must be a photographically reproducible image.] . --. DOLaIEIA. DlllSIO . · ......, ~ . State 01 "otfdl .., tl IL. Expires Ju/20 <!IOU, e.u . lip II DD 6~;' &VI 334500.5 4 I I II RYIIlRIT A LEGAL DFSCRIPrlON OF PROPERTY PARCEL ONE (GPIN 1494-09-3487) AIL TIIA T certain lot, piece or parcel of land, with the buildings and improvements thereon. situated in the City of Virginia Beach, Virginia, containing 1.1612 acres, and being known, numbered, and designated as Lot 1, as shown on that certain plat entitled "Subdivision Plat for Continental Telephone Company of Survey of Property for Jon C. McGruder (M.B. 71, P. 1 Princess Anne Borough, Virginia Beach, Virginia", dated December 10, 1984, made by Mel Smith & Associates, which plat is duly recorded in the Clerlc's Office of the Circuit Comt of the Qty of Virginia Beach. VA, in Map Book 2396, at page 185, to which plat reference is hereby made for a more specific description of said parcel: SA VB AND EXCEPT all that certain lo~ piece or parcel of land, with all buildings and improvements thereon and the appurtenances theleunto appertaining, lying. situate and being in the City of Virginia Beach, VA and being known. numbered and designated as Lot lA, .0618 acres, on that certain plat entitled ''Subdivision Plat for Continental Telephone Company, Survey of Propeny for Jon C. McOn1der, Princess Anne Borough, Virginia Beach, VA". which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, VA, in Deed Book 2396, at page 185. Together with an ingress and egress easement, being fifteen (IS)ofeet in width and nmning from said Lot lA to Princess Anne Road, all as is more particularly described as shown on the aforesaid duly RlCOI'ded plat, and being conveyed to Continental Telephone Company by deed of Howard H. Holzmacher, Sr., dated April 23, 1985, and duly recorded in the Clerk's Office aforesaid in Deed Book 2406, at page 1569. . IT BEING the same property conveyed to Mountain Ventures Virginia Beach, ILC, a Delaware limited liability company, by deed from Cherron B. Mitchell and !.my D. Brinldey, as Co-- Executors and Co- Trostees under the last will and testament of Irvin Louis Brinkley, Sr., which deed was dated December 21,2006, and recorded January 3, 2007 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, as Instrument Number 20070103000000910. 5 I i II - 43 - Item L.3.b. ITEM # 57328 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of GARNETT POINT ROAD, LLC, from PD-H2 Planned Unit Development District (A-12) to P-1 Preservation District (approved by City Council June 12, 2007) re open space at 416-516 Garnett Point Road AS PROFFERED, ON JUNE 12, 2007 ORDINANCE UPON APPLICATION OF GARNETT POINT ROAD, L.L.c. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT (A-12) TO P-1 PRESERVATION DISTRICT Z02081207 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Garnett Point Road, L.L. C. for a Chanf!e of Zoning District Classification from PD-H2 Planned Unit Development District (A-12) to P-1 Preservation District on property located at 416- 516 Garnett Point Road (GPINs 1467688397; 1467780500; 1467780653). ). DISTRICT 4 - BAYSIDE. Since the plan proffered at the time of the rezoning (June 12,2007) was not precise enough to delineate the metes and bounds of the open space (P-1) areas, the applicant, at the time of the original rezoning request, proffered the following: The areas depicted on the Concept Plan, which will not be occupied by buildings, including drive aisles, parking areas, setbacks, landscaping features and fencing are open spaces, which may only be utilized as such. Open Spaces shall be rezoned to P-1 Preservation District prior to Site Plan Approval and shall be maintained and used by the Condominium Association consistent with the intent and regulations set forth in Article 3 of the Zoning Ordinance ("Preservation District "). The change is a fulfillment of a proffer from a prior rezoning (June 12, 2007) the request complies with the City Zoning Ordinance as it pertains to open space in PD-H2 Districts This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of February Two Thousand Eight February 12,2008 I I II - 44- Item L.3.b. ITEM # 57328 (Continued) PLANNING Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndor! John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva February 12,2008 I I II - 45 - Item L.4. ITEM # 57329 PLANNING Attorney John Richardson, represented the applicant, Dr. John Sargent, who does not reside in Virginia Beach. He spends most of his time in South Africa, an absentee landlord, but he relies upon the contractor to obtain the necessary permits and approvals to do this work. The contractor was to convert a portion of the glassed-in wall on the rear of Unit 203 to a living area, to rehabilitate and expand the utility room, and to add a new set of exterior stairs on the northern section of the structure. Even though three (3) dwellings exist on the site, the total lot coverage andfloor areafor all three (3) strutures does not exceed that permitted in the R-5R Resort Residential District. The contractor appears to have done nothing in accordance with City statutes. There is no record of any application to City Council to make improvements to this nonconforming use. Dr. Sargent intends to file a complaint with the State Board for Contractors. The following spoke in OPPOSITION: Dave Jester, President - North Virginia Beach Civic League, 200 63rd Street, Phone: 431-1677. Mr. Jester is also a member of the Civic League's Review Committee, a licensed contractor for twenty-five (25) years and an adjacent property owner. Normally, an applicant would appear before the Review Committee prior to commencing work. Upon motion by Councilman Wood, seconded by Councilman Diezel, City Council DEFERRED for a MAXIMUM OF 60 DAYS, Resolution upon application of JOHN SARGENT for Expansion of a Nonconforming Use re the conversion of a glassed-in porch, expansion of a utility room and add a new set of exterior stairs at 203 62nd Street: The applicant shall meet with the North Beach Civic League and their Design Review Committee. A Design Professional (architect or engineer) shall be engaged to review what has been done, evaluate and meet with the City's Inspection Staff. APPLICANT TO WORK WITH CITY STAFF FOR COMPLIANCE: RESOLUTION A UTHORIZING THE ENLARGEMENT OF A NONCONFORMING USE FOR JOHN SARGENT Resolution authorizing the Enlargement of a Nonconforming Use on property located at 203 62nd Street (GPIN 24197233980203) for John Sargent February 12, 2008 I I II - 46- Item L.4. ITEM # 57329 (Continued) PLANNING Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor MeyerQ E. Oberndor! John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva February 12, 2008 I I - 47- Item L. 5. ITEM # 57330 PLANNING Attorney R. E. Bourdon, Pembroke Office Park - Building One, 281 Independence Boulevard, Phone: 499-8971, represented the applicant, Bonaventure, to develop "Cascades at Woods Corner". This application is a modification of a request approved by City Council on December 12, 2006 (Ocean Properties, LLC). That rezoning allows for the development of 192 multi-family dwellings and 67,000 square feet of commercial space to be dispersed within fourteen (14) buildings. The submitted site plan depicts seven (7) buildings, an area designatedfor future development, a small central park, associated parking, a stormwater management pond and a fountain with landscaping. Six (6) of the buildings will be devoted exclusively to residential dwellings and the remaining building will be a mix of residential and commercial. 226 multi-family dwellings and 25, 000 square feet of commercial floor area is proposed. The proposed structures are semi-urban in design with composite shingle roofs, brick and or cultured stone on the first level and handi-plank siding on the second and third levels. This plan is a reduction in density. Pedestrian connections will be provided to the sidewalks on the roads. Council Lady Henley advised she could not support this application. The other plan, Ocean Properties, LLC, was an ambitious plan and a true mixed use. However, the application has now changed to "token" mixed use and no longer equates to Conditional B-4 Mixed Use District. Upon motion by Councilman Dyer, seconded by Councilman DeSteph, City Council ADOPTED Ordinance upon application of BONA VENTURE INVESTMENTS, LLC re Modification of a Conditional Change of Zoning (approved by City Council on December 12,2006 for Ocean Properties, LLe) ORDINANCE UPON APPLICATION OF BONAVENTURE INVESTMENTS, L.L. C. FOR THE MODIFICATION OF A REQUEST APPROVED BY CITY COUNCIL ON DECEMBER 12,2006 (OCEAN PROPERTIES, L.L.c.). BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Bonaventure Investments, L.L. C. for the modification of a request approved by City Council on December 12, 2006, (Ocean Properties, L.L. C.). Property is located at the northwest intersection of Centerville Turnpike and Lynnhaven Parkway (GPINs 1454980202; 1454983391). DISTRICT 1 - CENTERVILLE. The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of Circuit Court and is hereby made a part of the record. February 12,2008 I I - 48- Item L.5. ITEM # 57330 (Continued) PLANNING J7oting: 7-3 Council Members J70ting Aye: Harry E. Diezel, William R "Bill" DeSteph, Robert M Dyer, J7ice Mayor Louis R. Jones, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members J70ting Nay: Barbara M Henley, Reba S. McClanan and Mayor Meyera E. Oberndor! Council Members Absent: Ron A. J7illanueva February 12, 2008 I I CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6916 FROM: Leslie L. Lil~y B. Kay WiISO~ DATE: January 18, 2008 DEPT: City Attorney DEPT: City Attorney TO: RE: Conditional Zoning Application; Bonaventure Investments, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on February 5, 2008. I have reviewed the subject proffer agreement, dated October 30, 2007, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/bm Enclosure cc: ~en Hassen i I FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS BONAVENTURE INVESTMENTS, L.L.C., a Virginia limited liability company LILLEL FARMS, INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDmONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 30th day of October, 2007, by and between BONAVENTURE INVESTMENTS, L.L.C., a Virginia limited liability company, party of the first part, Grantor; LILLEL FARMS, INC., a Virginia corporation, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the party of the second part is the owner of that certain parcel of property located in the Centerville District of the City of Virginia Beach, containing approximately 13.33 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the party of the first part, being the contract purchaser of the Property has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, the party of the first part has requested the Grantee to permit this modification of the previously Proffered Covenants, Restrictions and Conditions dated June 28, 2006 recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument #20061214001861770 (hereinafter "2006 Proffers"), to reflect amendments applicable to the land use plan on the Property; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 1454-98-0202 1454-98-3391 Prepared By: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahem & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 1 I I WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses contlict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantors' proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "Conceptual Site Layout Plan of The Cascades at Woods Corner Centerville Tnpk.jLynnhaven Pkwy. Virginia Beach, VA", dated October 29, 2007, prepared by Humphreys & Partners Architects, L.P., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Concept Plan"). 2. When the mixed use building and the residential buildings depicted on the Concept Plan are developed, the exterior of the buildings shall be substantially similar in architectural features, details and appearance to the exhibits entitled, "MIXED USE BUILDING ELEVATIONS" and "MULTIFAMILY BUILDING ELEVATIONS", dated. 2 I I October 29, 2007, prepared by Humphreys & Partners Architects, L.P., which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Building Elevations"). 3. Prior to the issuance of a building permit for construction of a structure on the portion of the Property designated "FUTURE DEVELOPMENT" on the Concept Plan, a set of building elevations depicting a building with substantially similar and complimentary architectural features, exterior building materials and colors to those found on the Mixed Use Building shall be submitted to the Director of the Virginia Beach Department of Planning for review and approval. 4. No commercial business establishment shall be operated on the Property which excludes persons on the basis of age during any part of the day, provides live musical entertainment, requires payment of an entry or cover charge from any patrons or fails to close for business between the hours of 12:00 AM to 6:00 AM. 5. None of the residential dwelling units depicted on the Concept Plan shall be reserved or set aside for lease or sale only to tenants or purchasers with incomes below the Area Median Income for the Virginia Beach-Norfolk-Newport News, Virginia Metropolitan Statistical Area (MSA) published by the U.S. Department of Housing and Urban Development (HUD). None of the units will be rented to tenants using "Project Based Section 8 Certificates". 6. Further conditions may be required by the Grantee during detailed Site Plan and/ or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 7. The Covenants, Restrictions and Conditions set forth herein replace and supersede the 2006 Proffers. All references hereinabove to the B-4 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a 3 I I II subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court ofthe City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 4 I I I WITNESS the following signature and seal: Grantor: Bonaventure Investments, L.L.C., a Virginia limited liability comp y '~/ (SEAL) . t D. Dunton, III, Managing Member By: STATE OF VIRGINIA! .'. . _~.:::'" CI1YjCOUN1Y /-V!-~'''' - ;, (I , to-wit: .-. ~.,.. The foregoing instrument was acknowledged before me this :.51. , day of ()d..~t. , 2007, by Dwight D. Dunton, III, Managing Member of Bonaventure Investments, L.L.C., a Virginia limited liability company, Grantor. -~.7~:~=:~;':_.>~:'_.-,!_~__._--. ,/ /. Notary Public My Commission Expires: ' ~<<-~,. cC; Notary Registration No.: .35 ! Ie -: .... UMLMII -- .... CO_II'IW'_ ...... .,.. CcwMVdIllln 5 I I II ;.....j " ~ -', ...... WITNESS the following signature and seal: ", Grantor: .,..,.... '. ~ ,-;", "\. Lillel Fanns, Inc., a VIrginia corporation By()(UJR ~ C2t2~ ~ Rose Ann Coker, President ' STATE OF VIRGINIA CITY OF '{, (:J '\ ~ i',\ ~.::. ( ~ ' to-wit: The foregoing instrument was acknowledged before me this ,S+. day of N Oi'~ ~\n, r . 2007, by Rose Ann Coker, President of Lillel Farms, Inc., a Virginia corporation, Grantor. Q~o~ cJ. ~vJ~ Notary Public My Commission Expires: f'r\;~:~ ' d. t\ I () Notary Registration No.: ~ () ___ l\..:.... l" REBECCA L. ETHERIDGE Notary Public Commonwealth of Virginia 10 . 7029956 MJ Commtllion ExpIres May 31. 201. b I I II I EXHIBIT "A" Parcell: ALL THAT certain lot, piece or parcel ofland, with the buildings and improvements thereon, and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, VIrginia, and being known, numbered and designated as "PARCEL 49.469 ACRES", as shown on that certain plat entitled "SUBDMSION OF PROPER1Y OF ALEX C. AND VIRGINIA S. BROWN, FEBRUARY 20, 1985, KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA", which plat was made by Talbot & Associates, Ltd., recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2433, at Pages 260 and 261. GPIN: 1454-98-3391 Parcel 2: ALL THAT certain tract, piece or parcel of land situate, lying and being in the Centerville District of the City of Virginia Beach, Virginia, together with all appurtenances thereunto belonging, being designated as "Residual Parcel" and depicted on that certain plat entitled "RESUBDMSION OF PROPERTY OF ULLEL FARMS, INC., Lynnhaven Parkway and Monument Drive, formerly Kempsville Borough, VIrginia Beach, Virginia", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 271, at Pages 65 and 66. GPIN: 1454-98-0202 ModificationofProffersjBonaventureInvestmentsjProffer 7 Item V-MI. APPOINTMENTS - 49- ITEM #57331 BY CONSENSUS, City Council RESCHEDULED thefollowing APPOINTMENTS: BIKEWAYS AND TRAILS ADVISORY COMMITTEE COMMUNITY SERVICES BOARD HUMAN RIGHTS COMMISSION I I February 12, 2008 - 50 - Item V-No ADJOURNMENT ITEM # 57332 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:05 P.M. ~.... ~ ---~T,l'.{4t!4./ ~~~oo%'s, CMC Chief Deputy City Clerk tc.~ #~ .-t-~- '-;;~r;;;r-;;~dorf Mayor City of Virginia Beach Virginia February 12, 2008