Loading...
HomeMy WebLinkAboutJULY 1, 2008 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large ylCE MAYOR LOUIS R. JONES, Bayside - District 4 WILIJAM R. DeSTEPH, At-Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER" Cen/erville - District I BARBARA M. HENLEY, Princess Anne - District 7 RFBA 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 01 JULY 2008 I ,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 1. CITY MANAGER'S BRIEFINGS - Conference Room - 2:30PM A. ASSESSMENT OF URBAN LANDFILL DEVELOPMENT Phil Davenport, Public Works Steven Nesbitt, Project Manager - Malcolm Pirnie B. ADOPTION FRIENDL Y ANIMAL CONTROL PROGRAM A.M. Jacocks, Chief - Police Department C. COMMUNICA nON TOWERS William Macali, Deputy - City Attorney II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA V. INFORMAL SESSION - Conference Room - 4:30PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL D. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Tommy Taylor Pastor, London Bridge Baptist 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 June 24, 2008 G. MAYOR'S PRESENTATION 1. Proclamation: Pungo Strawberry Festival's 25th Anniversary H. AGENDA FOR FORMAL SESSION 1. PUBLIC HEARING 1. Lease of City-Owned Property at 3180 New Bridge Road J. CONSENT AGENDA K. RESOLUTIONS/ORDINANCES 1. Resolution and Ordinance re FY 2008-09 and 2009-10 DEBT MANAGEMENT POLICIES and GUIDELINES: a. AMEND to include the Energy Performance Contracts to provide on-going savings b. ESTABLISH Capital Improvement Project #3-119 and APPROPRIATE $5- Million for the City c. ESTABLISH Capital Improvement Project # 1-109 and APPROPRIATE $5- Million for the Schools d. The City will review these contracts re effectiveness at the end of a two (2) year period 2. Resolution to AUTHORIZE the City Manager to execute a Memorandum of Understanding (MOU) re the Sandler Center for the Performing Arts Foundation 3. Ordinance to AUTHORIZE the City Manager to execute a First Amendment to the 2003 Purchase Agreement with LifeNet 4. Ordinance to AUTHORIZE the City Manager to execute a Lease for less than five (5) years with RW White Farm, LLC re City-owned land at 3180 New Bridge Road (Deferred from June 24, 2008) 5. Resolution to RECOGNIZE and COMMEND Wave Church, the staff and Volunteers of Hampton Roads Community Care for their numerous and varied services to children and families throughout Hampton Roads 6. Ordinance to TRANSFER $139,900 from the General Fund Reserve for Contingencies to the FY 2007 -08 Operating Budget for revenue reimbursements to support tax exemption for the elderly and disabled 7. Ordinance to APPROPRIATE funds to the Sheriffs FY 2008-09 operating budget to effect state pay increases for Uniformed Sheriff Personnel as follows: a. ACCEPT $174,647 (estimated) from the Commonwealth of Virginia Compensation Board b. APPROPRIATE $151,230 from the Sheriffs Special Revenue Fund to provide one-time funding to advance pay increases c. TRANSFER $34,196 from the General Fund Dedicated Reserve for Contingencies re fringe benefits 8. Ordinance to APPROPRIATE $75,000 from the Sheriffs Revenue Fund to the Sheriff s FY 2008-09 operating budget re a Language Fluency Stipend Pilot Program L. PLANNING 1. Application of NEW CINGULAR WIRELESS PCS, LLC (T/A AT&T) for a Conditional Use Permit re a communication tower at 5060 Ferrell Parkway. DISTRICT 1 - CENTERVILLE RECOMMENDA nON APPROVAL 2. Application of AASHNI PROPETIES for a Conditional Use Permit re a one (1) bay automated car wash station at 5636 Princess Anne Road. DISTRICT 2 - KEMPSVILLE RECOMMENDA nON APPROV AL 3. Application of TERRY SPITZER for a Conditional Use Permit re construction of a noncommercial marina and pier to replace an existing pier at 3850 Little Neck Point Road DISTRICT 5 - L YNNHA VEN RECOMMENDA nON APPROVAL 4. Application of CHRIS WYNNE for a Conditional Use Permit re operation of a riding academy and horse boarding facility at 1825 Pleasant Ridge Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL I I 5. Application of SANDRA K. SA WYER (Sandy's Angels Daycare) for a Conditional Use Permit re in-home daycare of up to twelve (12) children at 5621 Parkland Court DISTRICT 1 - CENTERVILLE RECOMMENDATION APPROVAL 6. Ordinances re the City Zoning Ordinance (CZO): a. AMEND Sill to reflect provisions of the Virginia Code S 15.2-2291(A) as adopted by the 2008 General Assembly re definition of "Family" b. AMEND S I 03 to reflect provisions of the General Assembly legislation (HB 430) re Zoning Administrator or his or her agent's authorization to present sworn testimony to a Judge or Magistrate requesting issuance of inspection warrants c. AMEND S 104 re Civil Penalties to reflect provisions of the General Assembly's change (HB 1308) d. AMEND S 1601 re a Coastal Primary Sand Dune to reflect provisions of the General Assembly's change (HB 1308) expanding the definition of coastal primary sand dune to include dunes with Virginia pine, Japanese sedge or broom sedge growing RECOMMENDATION APPROV AL M. APPOINTMENTS BEACHES and WATERWAYS COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE HISTORIC PRESERVATION COMMISSION HUMAN RIGTHS COMMISSION OPEN SPACE ADVISORY COMMITTEE REVIEW and ALLOCATION COMMITTEE (COG) N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT I I ********************************** I PUBLIC COMMENTS Non-Agenda Items ********************************** City Council Sessions for July and August July 1 Briefing, Informal, Formal, including Planning July 8 Briefing, Informal, Formal, including Planning July 9 - August 4 City Council Vacation August 5 Cancelled - "National Night Out" August 12 Briefing, Informal, Formal, including Planning August 19 City Council Workshop August 26 Briefing, Informal, Formal, including Planning CITY COUNCIL TWO-DAY RETREAT AUGUST 22-23, 2008 8:30 AM - 5:30 PM ECONOMIC DEVELOPMENT CONFERENCE ROOM TOWN CENTER ********* 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 07/01/2008 atb www.vbgov.com I I I II - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia July 1,2008 Mayor Meyera E. Oberndorf called to order the CITY MANA GER' S BRIEFING re ASSESSMENT OF URBAN LANDFILL DEVELOPMENT in the City Council Conference Room, City Hall, on Tuesday, July 1,2008, at 2:30 P.M Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Rosemary Wi~onandJamesL. Wood Council Members Absent: Barbara M Henley [Entered: 2:47 P.M] Ron A. Villanueva [Out of the City re City business] John E. Uhrin [Entered: 2:53 P.M July 1,2008 - 2 - C IT Y MAN AGE R 'S B R IE FIN G ASSESSMENT OF URBAN LANDFILL DEVELOPMENT 2:30P.M. ITEM # 57784 The City Manager introduced Phil Davenport, Public Works and Steven Nesbitt, Project Manager - Malcolm Pirnie, Consultant, re Urban Landfill Development. This is part of the effort to reach landfill options for the community in a long term context format. The City Manager advised this Assessment of Urban Landfill Development is an informational item and there are other analyses forthcoming for the next six to nine months. Phil Davenport, Public Works, referenced the information distributed and hereby made a part of the record: Preliminary Assessment of Potential Public Health Risk Association with Municipal Solid Waste Landfills, Preliminary Assessment of Urban Landfill Development, City of Virginia Beach, Landfill No. 2 (FINAL DRAFTS), Landfill No.2 Preliminary Assessment of Urban Landfill Development (information to be presented by Steven Nesbitt) and a Power Point Presentation, concerning the study (information to be presented by Phil Davenport) Mr. Davenport displayed slides depicting the City's Landfill in its present condition. This property has been acquired over a long period of time. The largest portion is Phase I comprises approximately 114 acres. This was acquired in 1970. Subsequent to that, in 1982, a 124-acre parcel was acquired (which also includes a Best Management Practice (BMP) lake at the landfill). This BMP can be moved, as it does not necessarily have to be in this location. Mr. Davenport displayed slides of the portion of land which was acquired over a 4-year period from 1983- 1987. This was for the purpose of expanding the landfill into the future. A portion was provided for a school site and another portion is an automobile site. The treed property belongs to CBN (Christian Broadcasting Network). Over the years, CBN has had several different concepts for development, one of which is now under discussion. There are apartments and property zoned for apartment surrounding the landfill. Williams Pit located in this vicinity, is now owned by Hampton Roads Recovery. This company has plans to operate this facility for construction and demolition debris. According to the Department of Environmental Quality, Part B of the permit will be completed. Mr. Davenport advised the reason for this Study: Southeastern Public Service Authority (SPSA) agreements will expire in 2018 Hampton Roads Planning District Commission (HRPDC) study re SPSA post 2018 is ongoing. The results are expected in January 2009. Legislative Study by the Auditor of Public Accounts The City wishes to explore and maintain future disposal options The City wishes to review potential life cycle cost savings from the different options Existing capacity of permitted landfill is three (3) to four (4) years SPSA has now begun bringing the ash and residue from the Burn Plant in Portsmouth to the City and it could add up to 10,000 tons per year in the landfill. Now, approximately 60,000 tons per year has been handled at the landfill. July 1,2008 I, I II - 3 - CITYMANAGER'S BRIEFING ASSESSMENT OF URBAN LANDFILL DEVELOPMENT ITEM # 57784 (Continued) Malcolm Pirnie was requested to review landfill capacities, determine if any potential health risks exist and to research "state of the art" landfill strategies. Potentialfor Health Risks · Composting experience · Modern Landfill operating practices · No fatal flaws Risks no greater than other urban land uses Good Neighbor Practices Existing and future development in close proximity Need to operate beyond permit requirements Identified twenty-two (22) mitigation strategies "State of the art" operating practices Steven Nesbitt, Project Manager - Malcolm Pirnie, advised the idea was presented approximately three (3) years ago to purchase the E. V. Williams Borrow Pit and extend the landfill. At that time, the SPSA tipping fee was approximately $45.00 a ton. Malcolm Pirnie realized substantial opportunity for savings, when the capital and operating costs were reviewed and compared to the tipping costs (approximately $250-MILLlON). A Preliminary Qualitative Public Health Risk Assessment was conducted. No fatal flaw associated with urban landfill was found. The quantity and concentration of these various potential pollutants is generally found to be relatively small in comparison to other typical pollutants found in an urban environment. Relative the assessment of Nuisance impact, a total of twenty-two (22) mitigation or abatement measures, six (6) primary measures ($8.5 to $13.3/ton) and additional secondary measures ($2.6 to $5/ton) were identified. The existing permitted area has approximately 550,000 cubic yards of capacity remaining (or can receive 275,000 tons of garbage). Future phases in existing property represent a capacity of 11.5-MILLlON cubic yards of capacity (or 5. 75-MILLlON tons of garbage, equating to twenty-four (24) years of life span. The Stormwater Pond also represents extra capacity of 9-MILLION cubic yards equivalent to another eighteen (18) years of capacity. E. V. Williams Borrow Pit, combined with the radio tower property, equates to another fifty-four (54) years of capacity. July 1, 2008 1 I I - 4 - C IT Y MAN AGE R 'S B R IE FIN G ASSESSMENT OF URBAN LANDFILL DEVELOPMENT ITEM # 57784 (Continued) Preliminary Qualitative Assessment of Potential Public Health Risk · Seventy-seven (77) technical references . Modern Landfill complying with sold waste regulations (MSWLFs) reduce potential source and opportunity for pollution . Dispersion and attenuation further reduce fugitive emission concentration . Resulting pollutants low relative to other urban sources . No significant incremental risk to public health and safety · Corroborated by case studies . "State-Of- The-Art" facility will further reduce potential risk · But, what about the SPSA compostfacility? Abatement and Miti ation Measures Subtotal $3.3 - $ 7.5 Iton $2.1 - $ 3.4 Iton $1.3 - $ 1.6 Iton nla $0.1 - $ 0.4 Iton $0.3 - $ 1. 6 Iton $7.1 - $14.5Iton $2.6 - $ 5 Iton $9.7- $19.5 Iton Seconda Total Mr. Nesbitt displayed a photograph depicting the incorporation of 'Baling' Technology with Plastic Wrap. The waste is not exposed to precipitation and does not generate dust or odor. The density of the waste provides more capacity in any given cubic yard. Landscaping and working behind a vegetated berm is another mitigation measure. Mr. Nesbitt advised the proposed concept of taking the solid waste and essentially making a gas stream. However, there are no commercially viable alternative products on the market today. This concept is approximately twenty (20) to thirty (30) years before coming on line. Relative exploring any joint use potential with the City of Chesapeake, Mr. Davenport advised the property adjoining the landfill in Chesapeake is owned by CBN and they have their own concepts regarding this property. What Else Do We Need to Do · Results from other studies regarding SPSA · Additional research to develop recommended strategy · ity Council discussion in early 2009 July 1, 2008 " I I - 5 - C IT Y MAN AGE R 'S B R IE FIN G ASSESSMENT OF URBAN LANDFILL DEVELOPMENT ITEM # 57784 (Continued) What Decisions Will Be Needed · When to begin permit process for additional capacity · Disposition of Williams Pit · Approval of long range plan for Landfill The goal of the staff is to resolve the majority of these issues over the next six (6) months and brief City Council January or February 2009. Mr. Nexbitt advised the submitted study contains a table reviewing other landfills in urban settings throughout the United States. Some of those facilities are within the 100 to 102-foot range. Further information shall be provided re the capital and other costs per ton involving the baling technology. July 1, 2008 - 6 - C IT Y MAN AGE R 'S B R IE FIN G ADOPTION FRIENDLY ANIMAL CONTROL 3:20 P.M. ITEM # 57785 Chief A. M Jacocks - Police Department, advised the findings and recommendations for transforming the Animal Control Facility into an Adoption-Friendly Animal Care and Control Facility. This Resolution was ADOPTED March 4, 2008: Resolution in support of an Adoption-Friendly Animal Care and Control Facility Response to Council Resolution ~ Best Practices from Richmond, Charlottesville, Albuquerque, San Francisco & Tompkins County. Added Fairfax County and Anne Arundel (MD) ~ Public Forum ~ Recommendations with costs ~ Increasing volunteer opportunities Current Facilitv ~ Opened June 1974 ~ Both code enforcement & shelter ~ 2007 Adoption Rates: 62% for dogs; 23% for cats ~ Adoptable animals held indefinitely, provided space is available ~ Examining spay-neutering procedures ~ $5.19 spending per capita Overview of Other Shelters ~ Report examines "best practices" from each ~ Wide range in organizational make-up; public/private partnerships ~ Adoption/euthanasia rates vary "Adoption Friendlv" Shelter ~ Adoptable dogs/cats are all those that are non-aggressive, healthy or treatable ~ Non-adoptable dogs/cats are those severely sick or injured, vicious or dangerous, and those held by state statute or court order Adoption Goals ~ 85% for dogs (increase of 23% over 2007) ~ 40%for cats (increase of 17% over 2007) ~ Assessment toward achievement of goals will be reviewed annually Volunteer Services ~ Friends of Virginia Beach Animal Control ~ Increase use of rescue groups ~ examining feasibility of foster programs July 1, 2008 - 7 - C IT Y MANA G E R 'S B R IE FIN G ADOPTION FRIENDLY ANIMAL CONTROL ITEM # 57785 (Continued) Chief Jacocks advised re options and budget considerations, all include building a new shelter facility:. Ootion 1 ~ Hire a professional shelter director and expand shelter staff ~ Facility operations and Code enforcement remain in Police Department Current budget: Budget with new facility and additional staffing: $7.83 per capita $2,281,917 $3,044,428 Ootion 2 ~ Contract with VBSPCA to operate a new shelter ~ Enhanced Shelter staffing as in Option 1 ~ Contingent on SPCA and City reaching consensus on shelter remaining an "open admission" facility Ootion 3 ~ Transfer shelter operations, with professional staff, to Agriculture or Public Works ~ Code enforcement remain with Police ~ Costs mirror Option 1 Ootion 4 ~ Transfer new facility with professional staff and code enforcement to Agriculture or Public Works ~ Costs mirror Option 1 Recommendations ~ Adopt Option 1 ~ Shelter continues to expand its adoption friendly emphasis ~ Management of both shelter and Code enforcement remain in the Police Department ~ Transfer new facility with professional staff and Code enforcement to Agriculture or Public Works ~ Costs mirror Option 1 ~ Commence phasing-in new professional staff beginning in FY-09, contingent upon increased revenues from pet licensing ~ Fully fund additional professional staffing once new facility complete Chief Jacocks advised there is a chart on Page 11 of the Policy Report, which compares the other jurisdictions relative number of animals impounded, returned to the owners, transferred to rescue groups or some other facility and adopted. The number euphonized could be extrapolated through these numbers. July 1, 2008 " I I - 8 - C IT Y MANA G E R 'S B R IE FIN G ADOPTION FRIENDLY ANIMAL CONTROL ITEM # 57785 (Continued) Concerning revenue generated through the pet licensing. David Hansen, Chief of Finance and Technology, advised he will provide a report from the City Treasurer, however, the revenue collected has not been satisfactory. A true cost benefit analysis was requested. A report shall be furnished by the Public Safety Attorney concerning inoculations, and Codes relative necessary procedures to comply with the law re on-site and off-site adoptions with legal waivers for volunteer participation. A report concerning the Adoption Friendly Animal Control Program, has been prepared by Sharon Adams, Director - (SPCA) Society for the Prevention of Cruelty to Animals and will be submitted to the City Manager for the City Council Agenda Package on Thursday. The Friends of the Animal Control have submitted their comments. July 1,2008 II I 1 I - 9 - CITY MANAGER'S BRIEFING COMMUNICATION TOWERS 4:05 P.M. ITEM # 57786 Deputy City Attorney Macali distributed the proposed Ordinance AMENDING City Zoning Ordinance regulations pertaining to Communication Towers and Building-Mounted Antennas, including definitions, preapplication and application requirement, location ai, landscaping and other requirements and Zoning Districts where permitted. Deputy City Attorney Macali described the Background: Current CZO provisions were adopted in 1990, when cell phone usage (and the number of towers needed to support that usage) was much lower than it is today. In late 2007, the City Council asked Staff to ensure that new wireless telecommunications equipment is located on sites where there are existing towers or where there is an existing structure that can accommodate additional antennas without the need for a new tower ("co-location 'J. Where co-location is not reasonable or possible and a new tower is needed, the City Council directed Staff to make sure that alternative sites are investigated, such that the tower is constructed in a location that is as visually unobtrusive as possible Staff worked with wireless telecommunications providers to develop an ordinance that would accomplish these goals and improve the current siting process. The Planning Commission considered the proposed ordinance in June and recommended approval with a few changes. There was no opposition to the ordinance. Although the proposed ordinance repeals the entire current section 232 of the City Zoning Ordinance and rewrites that section, most of the existing provisions are kept intact. Other provisions are added and the section has been reorganized. NEW PROVISIONS Purpose (Lines 251-262): . Facilitate provision of wireless services to citizens and businesses . Minimize risk of physical damage and other potential adverse impacts . Requirejoint use of towers where commercially reasonable . Allow use ofpublic property where such use (i) minimizes potential adverse impacts; (ii) does not adversely affect public facilities; and (iii) meets applicable requirements pertaining to use of public property July I, 2008 I, I I - 10- CITY MANAGER'S BRIEFING COMMUNICATION TOWERS ITEM # 57786 (Continued) Preapplication Conference (Lines 264-285): . Applicant MUST meet with Staff prior to filing of application to discuss: Co-location on existing tower or other structure, including a public facility; - Availability of suitable alternative sites, including public sites; - Specific issues (e.g., potential interference with public safety communications facilities, visual and other potential impacts on nearby property and means of eliminating impacts); - Feasibility of camouflaging equipment ("stealth technology'?; and - Any other relevant matters Application Requirements (Lines 290-397) . Report from professional engineer re proposed tower height, design, etc. must be under seal . Where proposed tower is within ~ mile of a Residential or Apartment District, application must be supplemented no later than 30 days prior to Planning Commission meeting by: . Balloon tests, photo simulations and other information Planning Director deems necessary to assess visual impact; . Summary of planned contacts with nearby residents and of actual contacts when they occur . Applicant must also submit verifiable soecific information regarding lack of available space or structural capacity for the applicant's equipment on (i) existing towers, buildings or other structures, (ii) sites on which existing towers are located, or (iii) sites on which the proposed tower would be less visible from or located a greater distance from Residentialor Apartment Districts than the proposed location . Note (i) and (ii) are in current ordinance; (iii) is new. . If tower is within 1 mile of an existing or planned public safety communications facility, an intermodulation study is required (to determine if the proposed equipment will inteifere with any public facility) July 1, 2008 , II 1 - II - CITY MANA GER'S BRIEFING COMMUNICATION TOWERS ITEM # 57786 (Continued) Also required: . Map showing that equipment will not be within a 200-foot buffer of the microwave path between public safety communications sites . Water tanks: security plan re access by non-City personnel (unless plan is in the lease) Location and Design Requirements (lines 399-440) City Council shall give primary consideration to: 1. Whether proposed equipment cannot be located on an existing or approved tower because: . Proposed equipment would exceed height or structural capacity on the other tower and other tower cannot be modified (as documented by licensed P.E.) . Proposed equipment would cause electromagnetic interference with other existing or approved sites and interference cannot be prevented . Existing or approved tower not high enough for coverage 2. Co-location capacity of proposed tower - at least 2 other users if height is > 100',1 other user if height is < 100' 3. Whether proposed application conforms to requirements re public safety sites and water tanks (see below) 4. Applicant's written agreement to allow co-location on commercially reasonable terms Landscaping Requirements (Lines 450-486) . Existing trees within the area under control of the applicant (leased area) shall be preserved to the extent practicable . Towers shall be located on the site so as to maximize the effectiveness of trees as screening (as permitted by setbacks) . Existing landscaping may be used to satisfy requirements . City Council may modify landscaping requirements as it deems appropriate (either more or less landscaping) July 1,2008 1 I - 12 - CITY MANAGER'S BRIEFING COMMUNICATION TOWERS ITEM # 57786 (Continued) Setback Requirements (Lines 488-507) . Same as current ordinance, but City Council may require greater or lesser setbacks as needed to protect existing or future structures from damage or to enhance screening effect of trees on or off the site Public Safety Communications Sites/ Water Tanks . Special considerations apply to these sites (security and public safety/emergency use), so there are additional requirements applicable to them No private telecomfacilities allowed: - on sites with PSC facilities; - in any location where intermodulation study shows there would be a substantial possibility of interference with PSC communications that cannot be satisfactorily integrated; or within a 200-foot buffer of the microwave path of an existing or future PSC microwave facility No private telecom facilities on water tanks or within secure areas unless there is a demonstrable public need in the area and no reasonable alternative site is available. If allowed, applicant must comply with security plan as a condition of the CUP Other New Provisions Communication towers on electric transmission line structures and building-mounted antennas allowed without CUP if: - they match color of structure on which they are mounted - Communication towers no higher than 20% above structure - Building-mounted antennas in least visible location practicable or otherwise screened from view (note BMAs are currently allowed by right in most zoning Districts) - APOs are notified of new communication tower Any tower or other wireless equipment not used for 1 year shall be removed within ninety (90) days after notification. If not removed, the City will contract for removal and charge the cost to the tower/equipment owner July 1,2008 " II II I - 13 - CITY MANAGER'S BRIEFING COMMUNICATION TOWERS ITEM # 57786 (Continued) Open issue - communication towers in P-l Preservation District StaJJversion prohibited (i.e., no Conditional Use Permit CUP allowed) on P-lland that is undeveloped and in its natural state, but allowed on other P-Iland (e.g., neighborhood parks). Planning Commission recommendation is to allow them with CUP everywhere in P-l. Tom Leahy, Director - Public Utilities, advised re private telecom facilities being allowed on water tanks. The conditions and criteria re location on water towers need to be considerably strengthened. Mr. Leahy advised if a private contractors is on these sites, access is almost impossible to control. The legitimacy of the contractors cannot be ensured. Criminal background checks and certifications cannot be performed. Gates have been left open and citizens have wandered in. Thrill seekers have utilized the communication trays to access the water tanks. July 1, 2008 I II II I - 14- CITY COUNCIL LIAISON REPORTS 4:40 P.M. ITEM # 57787 Council Members Dyer, Henley and Wilson spoke individually with Lyle Sumek, Facilitator, yesterday, June 30, 2008, regarding the Goal Setting Workshop (August 22-23, 2008). A Community Conversations was suggested the night before the City Council Goal Setting Workshop. This concept has been done previously. Each Council Member would invite a certain number of citizens to participate with one individual being 25 (twenty-jive years or younger). The City Manager advised each City Council Member would invite approximately eight (8) citizens to participate. Personal invitations would be forwarded from the City Manager's office. Approximately two (2) hours would be allotted the evening prior to the Goal Setting Workshop to discuss their concerns. The names must be submitted by next week in order for the City staff to prepare the letters while City Council is on Recess. Six citizens would be from each Council Member's District. However, these District representatives would not be sitting at the same tables. In order to maintain diversity, one representative would be seated at each table. City Council Members would listen and take notes. The Council Members wish to be assured all are sharing the same vision. There will be additional seats for "key" staff representatives and should there be "walk-ins ". July I, 2008 I 1 I - 15 - CITY COUNCIL COMM ENTS 4: 55 P.M. ITEM # 57788 Mayor Oberndorfreferenced meeting Friday, 27, 2008 with the Hampton Roads Military Alliance and representatives of the Pentagon. Discussion entailed preserving Oceana. The other part of the problem is the moving of the ships away from Norfolk. The Region wishes to remain interconnected in these areas. ITEM # 57789 Councilman Uhrin, expressed appreciation to the City Manager and Mike Eason, Resort Programs Administrator - Convention and Visitors Bureau, relative the recycling contract. In March, representatives of the Tidewater Fiber Corporation approached Councilman Uhrin re an opportunity to add recycling on the Resort beaches (at their expense). Mike Eason and his staff worked out the logistics for this to occur. In the next week or two, recycling next to the normal garbage collection will be offered on the Beaches, without cost to the City. ITEM # 57790 Councilman DeSteph referenced the increases in energy costs - specifically electricity, natural gas and fuel and the slowing economy in the Region and State. Councilman DeSteph suggested either through a Town Hall Meeting or other form of Public Meeting strategies be discussed. Councilman DeSteph suggested City staff brief the City Council on alternative methods of energy i. e. solar, wind or off-shore drilling for natural gas. Councilman DeSteph wishes these challenges be examined from both the Legislative aspect (Federal and State), and any concerns of the Military. The Navy is developing a new policy for natural gas drilling off the Coast of Virginia Beach. From an economic development and energy standpoint, this would not only bring high paying jobs, increase the tax base, but also be the creation of a catalyst assisting in stabilizing a recession type economy, not just for Virginia Beach, but the Region. Mayor Oberndorf wished this to be a balanced discussion with the citizenry, not just the big businesses. There has never been conversation re the location of the refineries or the pipeline. Mayor Oberndorf wishes this concept be examined in a studied and careful manner. July 1, 2008 .II Ii I - 16 - AGE N DA REV IE W S E S S ION 5:00 P.M. ITEM # 57791 K.1. Resolution and Ordinance re FY 2008-09 and 2009-10 DEBT MANAGEMENT POLICIES and GUIDELINES: a. AMEND to include the Energy Performance Contracts to provide on- going savings b. ESTABLISH Capital Improvement Project #3-119 and APPROPRIATE $5-Millionfor the City c. ESTABLISH Capital Improvement Project #1-109 and APPROPRIATE $5-Millionfor the Schools d. The City will review these contracts re effectiveness at the end of a two (2) year period Councilman DeSteph referenced the Debt Policy for Energy Performance Contracting. Virginia Beach City Schools had two (2) projects with one having a return on investment of seven (7) years and another thirteen (13) years. Councilman DeSteph believes a Bonding Agency would be supportive of the City Council reviewing these types of endeavors. Patricia Phillips, Director of Finance, advised the Primary Financial Advisor is Chester Johnson. Mr. Johnson assists with the rating agencies and works with underwriters. He has been was most helpful with the City's Standard and Poors Triple A rating increase. There have been many conversations with Chester re how the rating agencies would view this debt. It will be considered debt; however, it will also be seen as a very positive measure due to the energy crises. ITEM # 57792 K.2. Resolution to AUTHORIZE the City Manager to execute a Memorandum of Understanding (MOU) re the Sandler Center for the Performing Arts Foundation Dorothy L. Wood, Vice President - Sandler Center for the Performing Arts Foundation and Emily Spruill, Cultural Arts Director were in attendance. Mrs. Wood presented a check in the amount of $2,785,501 to Mayor Oberndorf, as the Center's first annual scheduled payment. The Foundation's Endowment Campaign is designed to support the on-going objectives and activities of the Center, and the City wishes to encourage and support this initiative by directing the City Manager to include funds in its annual budget for contribution to the Foundation for Endowment purposes. The proposed annual contributions shall be subject to appropriation by the City Council and shall be based upon the interest earned by the City on capital funds paid that exceed the annual scheduled payment, as set forth in the MOO. July 1,2008 >III II I - 17 - AGE N DA REV IE W S E S S ION ITEM # 57793 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: K. RESOLUTIONS/ORDINANCES 1. Resolution and Ordinance re FY 2008-09 and 2009-10 DEBT MANAGEMENT POLICIES and GUIDELINES: a. AMEND to include the Energy Performance Contracts to provide on- going savings b. ESTABLISH Capital Improvement Project #3-119 and AP PROPRIA TE $5-Million for the City c. ESTABLISH Capital Improvement Project #1-109 and APPROPRIATE $5-Millionfor the Schools d. The City will review these contracts re effectiveness at the end of a two (2) year period 2. Resolution to AUTHORIZE the City Manager to execute a Memorandum of Understanding (MOU) re the Sandler Center for the Performing Arts Foundation 3. Ordinance to A UTHORIZE the City Manager to execute a First Amendment to the 2003 Purchase Agreement with LifeNet 4. Ordinance to A UTHORIZE the City Manager to execute a Lease for less than five (5) years with RW White Farm, LLC re City-owned land at 3180 New Bridge Road (Deferredfrom June 24,2008) 5. Resolution to RECOGNIZE and COMMEND Wave Church, the staff and Volunteers of Hampton Roads Community Care for their numerous and varied services to children and families throughout Hampton Roads 6. Ordinance to TRANSFER $139,900 from the General Fund Reserve for Contingencies to the FY 2007-08 Operating Budget for revenue reimbursements to support tax exemption for the elderly and disabled 7. Ordinance to APPROPRIATE funds to the Sheriff's FY 2008-09 operating budget to effect state pay increases for Uniformed Sheriff Personnel as follows: a. ACCEPT $174,647 (estimated) from the Commonwealth of Virginia Compensation Board b. APPROPRIATE $151,230from the Sheriff's Special Revenue Fund to provide one-time funding to advance pay increases c. TRANSFER $34,196 from the General Fund Dedicated Reserve for Contingencies re fringe benefits 8. Ordinance to APPROPRIATE $75,000 from the Sheriff's Revenue Fund to the Sheriff's FY 2008-09 operating budget re a Language Fluency Stipend Pilot Program July 1, 2008 I II I - 18 - AGE N DA REV IE W S E S S ION ITEM # 57794 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: K. PLANNING 1. Application of NEW CINGULAR WIRELESS PCS, LLC (TIA AT&T) for a Conditional Use Permit re a communication tower at 5060 Ferrell Parkway. DISTRICT 1 - CENTERVILLE 2. Application of AASHNI PROPETIESfor a Conditional Use Permit re a one (1) bay automated car wash station at 5636 Princess Anne Road. DISTRICT 2 - KEMPSVILLE 3. Application of TERRY SPITZER for a Conditional Use Permit re construction of a noncommercial marina and pier to replace an existing pier at 3850 Little Neck Point Road DISTRICT 5 - LYNNHA VEN 6. Ordinances re the City Zoning Ordinance (CZO): a. AMEND 9111 to reflect provisions of the Virginia Code 915. 2-2291 (A) as adopted by the 2008 General Assembly re definition of "Family" b. AMEND 9103 to reflect provisions of the General Assembly legislation (HB 430) re Zoning Administrator or his or her agent's authorization to present sworn testimony to a Judge or Magistrate requesting issuance of inspection warrants c. AMEND 9104 re Civil Penalties to reflect provisions of the General Assembly's change (HB 1308) d. AMEND 91601 re a Coastal Primary Sand Dune to reflect provisions of the General Assembly's change (HB 1308) expanding the definition of coastal primary sand dune to include dunes with Virginia pine, Japanese sedge or broom sedge growing July 1,2008 "II " - 19- ITEM # 57795 Mayor Meyera E. Oberndorf f entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-3711 (A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration of, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(I) Council Appointments: Boards, Commissions, Committees, Authorities, Agencies and 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: LifeNet Upon motion by Councilman Wood, seconded by Councilman Uhrin, City Council voted to proceed into CLOSED SESSION at 5:20 P.M.. Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel Ron A. Villanueva, [Out of the City on City business) (Closed Session: 5:20 P.M. - 5:35 P.M.) (Dinner: 5:35 P.M. - 5:55 P.M.) July 1, 2008 1III II - 20- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL July 1, 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, July 1,2008" at 6:00 P.M Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Ron A. Villanueva [Out of the City on City Business] INVOCATION: Reverend Tommy Taylor Pastor, London Bridge Baptist 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 10. 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. July 1,2008 .III II 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. July 1, 2008 III II I - 22- Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 57800 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva July 1,2008 III1 II 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 # 57795, Page 19, and in accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOfY, THEREFORE, BE IT RESOL VED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. July 1, 2008 -1111 II - 23 - Item V-F.1 ITEM # 57801 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of June 24,2008. Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva July 1,2008 - 24- Item V-G.] ADOPT AGENDA FOR FORMAL SESSION ITEM # 57798 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION ADDED: Resolution honoring Mayor Oberndorf for her 20 years as Mayor and 32 years as a Member of City Council III II July 1, 2008 rllll il - 25 - Item V-G.1 MAYOR'S PRESENTATION ITEM # 57799 Mayor Oberndorf PROCLAIMED: July rt, 2008 Pungo Strawberry Festival 25th Anniversary Day For over 25 years, the Pungo Strawberry Festival has consistently offered family oriented, fim-jilled wholesome events. The Festival's attendance has grown.from 50,000 at their firstfestival in 1983 to over 120,000, 25 years later. Each year, a Mayor of Pungo and a Witch of Pungo have been chosen Their hard work and generosity has resulted in proceeds of over $500,000 being donated form the Festival to various non-profit community and service organizations throughout Virginia Beach. Thefollowing ACCEPTED with appreciation, the Proclamation: Robin Davenport Principal- Creeds Elementary Jack Burroughs Strawberry Festival Committee Laurie Simpson Delinquent Tax Collector - City Treasurer's Office David Pace Chairman - Strawberry Festival Director - Public Transportation Services - Virginia Beach School Board Officer Todd Jones July 1,2008 'WIiIrra: 'WIiIrra: ~ ~ 'KIna: ~ ~ 1111 il Ifrntlamattnn Par awr 25 ]Nrs, tlie Cl'u"80 Straw6eny pestiwllUu consistentfy offtt'rd' family- orientd, fun-filUtl, wMfuome ewnts tliat liaw contri6utd to tlie 8T14ter 800tf anti mjoymmt of tlie citizens of'l-irginia 0eiu:6; 4nti '1M pestiwfs attmtf4na IUu 8tr1Wn frrna 50,000 at tFwirfirst ftstiwl in 1983 to awr 120.000 25 ]Nrs /'ater, anti t/iey liaw ojftred' a 1I4Mty of colorful events, ru"8i"8 from fiwstoctSMwS, 6arufs, si"8i"8 contests anti cfoaai"8 to panufes, youtfi art sficrws, arts anti crafts anti pig ruea; anti fJ1iey Iiaw IZfe6rutd our foaz[ fristory aruf ruru( lierit4fJe 6y clioosma a !Mayor of ~"80 aruf a 'Witc/i of Cl'u"80 each year; anti fJ1iey liaw fionored' our milit4ry form - a vit4( part of our city anti community - 6y 1iavi"8 tin participate I4Cfi ]Nt; aruf qTiroug~ tf.irpie-eatirtg contests, straw6my 6~, stmw6eny SUrr4aes, straw6eny pies, struw6eny pic~"8s, straw6eny SMrtca~ anti a{f-you-azn-eat of t/ies, tfelicious OM-of-a-~nti straw6,mes - tlie Pestiw( IUu not only promoted' tlie outst4ruJi"8 cPu"8o struw6eny, 6ut lias come to sym6ofi:;e all tM many of tM 800d tfri"8s a60ut 'l-irginia 0eiu:/i t/;at its citizens IioIif tfe4r, anti '11ieir lianl wortanti 8,,"rosity lias rrsultea in proaetls of awr $500, 000 6ei"8 aonatea from t1i6 Pmiwf to 1I4rious non-profit community anti se1'llia oryanizations tfarougliout 'l-irginia 0eiu:/i - an aJimiru6fe a"omplis~ anti We honor tlie /;ani wort time anti saaifia aiwn 6y so many to ma~ tlie Struw6eny Pestiw/ a fluse success, anti we IZfe6rute anti honor it in t/iis, tlie 25" year, as a sym60{ of part of wliat maqs 'l-iryinia fBeacfi a 'Community for a Lifetime. . Ncrw, 'l1ietifore, I, 9;hyeru ~ 06erruforj, 9rt.ayor of tlie City of'l-iryinia fBeacli, ~ryi1lia, ao liere6y iProcfaim: Jufy 1st, 2008 fPu"IJO Straw6my lFestirJa{ 2Jt' .ft.nniwrsary q)ay In 'l-iryinia 0eiu:fa, anti I call upon alI citiuns to cortmrmtf aruf cmrgratu/'ate tlie JW citi:;m.s w/io liaw wo~ so lianl au comtrIittetf tMmsefws to prrNiIU t/iis UJDnIUrful ewnt to tlie citiz:m.s of 'lIiryinia fBeacfa, au w/io Iiaw 1tIIUU it into a woruUrfu{ part of our city's culture, anti ast tliem to continue to support t/iis ewnt tliat is sucfi a vit4( part of our community. 1. ~ ~ I ftaw Mreunto sd IIIJ liaruf anti ClJuse4 tlie ojJiciaf SeJ of tM City of 1-i'llinia (]Jeacfa, 'l-irginia, to 6e afjiJrpf Uris Pint tfay o/Jufy, 'Two I'f1ious4ntiiEiglit. 9tf.eyerulf.06mufDtj 9rfAyor 1111 II - 26- Item V-I.I. PUBLIC HEARING ITEM # 57800 Mayor Oberndorf DECLARED A PUBLIC HEARING: Lease of City-Owned Property 3810 New Bridge Road There being no speakers, Mayor OberndorfCLOSED the PUBLIC HEARING July 1,2008 1111 II - 27- Item V-I.2 ADD-ON ITEM # 57801 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADDED Item 9 to the Consent Agenda: Resolution honoring Mayor Oberndorf for her 20 years as Mayor and 32 years as a Member of City Council Meyera E. Oberndorfwasfirst elected to serve on the Virginia Beach City Council, beginning July ]"t, 1976. Prior to serving on City Council, Mayor Oberndorf served on the Virginia Beach Library Board for ten years, including nine years as Chair. She was elected to the Virginia Beach City Council in 1976, being the first woman elected to public office in Virginia Beach and served as Vice Mayor from 1986 to 1988. Mayor Oberndorf was sworn in on July r, 1988, as the first directly elected Mayor and the first woman Mayor in Virginia Beach's history, continuing a series of firsts for her as well as the City. She served as Trustee with the US Conference of Mayors, Chair of the Standing Committee on International Affairs and former Co-Chair of the Presidential Policy Transition Team on Human Dignity and Diversity. She serves as a member of the National League of Cities Advisory Board, past President of the Virginia Municipal League and Vice Chair of the Hampton Roads Mayor and Chairs. Mayor Oberndorfwas recognized by Newsweek magazine as "One of the 25 Most Dynamic Mayors in the us., " as well as "Outstanding Woman of Virginia" by the American Legion Auxiliary and "Newsmaker" of the year by the Virginia Press Women; and received the Humanitarian Award from the National Conference of Christians and Jews. The City Council of the City of Virginia Beach is grateful for the dedicated and unselfish service of Meyera E. Oberndorf who has served as a member for 32 years, with 20 years as Mayor. She has provided the citizens of the City of Virginia Beach leadership, friendship and national recognition. Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva July 1, 2008 III II - 28 - Item V-K. RESOLUTIONS/ORDINANCES ITEM # 57802 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items lalble/d, 2, 3, 4,5,6, 7a/ble, 8 and 9 (ADDED) of/he CONSENT AGENDA. Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva July 1, 2008 "'I 'I - 29- Item V-K.1. aIb/c/d RESOLUTIONS/ORDINANCES ITEM # 57803 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution and Ordinance re FY 2008-09 and 2009-10 DEBT MANAGEMENT POLICIES and GUIDELINES: a. AMEND to include the Energy Performance Contracts to provide on-going savings b. ESTABLISH Capital Improvement Project #3-119 and APPROPRIATE $5-Million for the City c. ESTABLISH Capital Improvement Project #1-109 and APPROPRIATE $5-Million for the Schools d The City will review these contracts re effectiveness at the end of a two (2) year period Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorj John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva July 1, 2008 1111 jl 1 A RESOLUTION TO AMEND THE CITY'S DEBT 2 MANAGEMENT POLICIES AND GUIDELINES TO INCLUDE 3 ENERGY PERFORMANCE CONTRACTS FOR FY 2008-09 4 AND FY 2009-10 5 6 WHEREAS, the City of Virginia Beach and Virginia Beach Public Schools System 7 recognize the importance of protecting the environment and conserving energy; 8 9 WHEREAS, Energy Performance Contracts have been introduced as a way to make 10 building improvements while reducing energy costs which ultimately more than pay for the 111 costs of improvements; 12 13 WHEREAS, these types of contracts have been determined by financial rating 14 agencies to be considered debt; and, 15 16 WHEREAS, the City wants to address this type of debt in its debt management 17 policies and demonstrate an understanding of these contracts through a two year trial 18 period; 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA that the following statement be incorporated into the City's 22 debt management policies and guidelines: 23 24 1) The City recognizes the energy performance contracting program as a 25 unique undertaking that provides the City the opportunity to reap long term 26 energy savings by replacing older infrastructure, improving maintenance, and 27 taking advantage of new technology. The program utilizes a type of debt which 28 is backed by the on-going savings in energy costs and guaranteed by a 29 required performance bond from the contractor. The City Council currently has 30 no intention to employ performance contracting agreements for any purpose in 31 addition to the energy savings program. 32 33 2) This use of performance contracting shall not be included in the calculation 34 of the City's self-imposed debt indicators, similar to the Agriculture Reserve 35 Program, and Utility debt. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia, on the Fi r~t-day of 38 .Ill' y ,2008. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY c~~ CA10725 R-1 May 28,2008 III II 1 AN ORDINANCE TO CREATE CAPITAL IMPROVEMENT 2 PROJECT #3-119 ENERGY PERFORMANCE CONTRACTS 3 (CITY) AND CAPITAL IMPROVEMENT PROJECT #1-109 4 ENERGY PERFORMANCE CONTRACTS (SCHOOLS) FOR 5 ENERGY PERFORMANCE CONTRACTS 6 7 WHEREAS, the City of Virginia Beach and Virginia Beach Public Schools System 8 recognize the importance of protecting the environment and conserving energy; 9 10 WHEREAS, energy performance contracts have been introduced as a way to make 11 building improvements while reducing energy costs which ultimately more than pay for the 12 cost of improvements; and 13 14 WHEREAS, the City wishes to create two Capital Improvement Projects to track and 15 account for these contracts. 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 1. That pursuant to the City Manager's recommendations set forth in the Energy 21 Performance Contracting Policy Report dated May 15, 2008, the City Council 22 authorizes entering into energy performance contracts in the amounts of $5 million 23 for the City and $5 million for the Schools over the FY 2008-09 and FY 2009-10 24 biennial budgets. 25 26 2. That $5 million is hereby appropriated to CIP Project 3-119 Energy Performance 27 Contracts (City) from revenues from energy savings agreements; and, $5 million is 28 hereby appropriated to CIP Project 1-109 Energy Performance Contracts (Schools) 29 from revenues from energy savings agreements. 30 31 3. The City Manager is authorized to issue appropriate debt instruments to fund the 32 agreements, with the source of repayment from energy savings and secured by the 33 contractor's guarantee. 34 35 4. That this ordinance is contingent upon the City Council's adoption of a resolution to 36 address energy performance contracts in its debt management policies and 37 guidelines. 38 39 5. That the City will review these contracts at the end of the two year trial period to 40 examine both their effectiveness and the impact it has with the financial rating 41 agencies on the City's debt policies. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the Fi r!=:tday of 44 July , 2008. Requires an affirmative vote by a majority of all the members of the City Council. III II APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Q Management Services ~~~ City Attorney's Offi CA 10726 R-2 June 3, 2008 III II I Policy Report May 15, 2008 DEBT POLICY FOR ENERGY PERFORMANCE CONTRACTING I. BACKGROUND As a measure to reduce energy costs as well as protect the environment, the City and School system have been exploring energy performance contracts. Energy performance contracting involves a vendor (contractor) conducting a detailed energy audit and then making improvements to a building that reduces energy costs. The savings are such that the cost of the improvements is recaptured within a reasonable period. The savings are guaranteed by the contractor who is required to take out a performance bond, whereby the shortfall is paid to the City if the savings do not materialize. The City and Schools would like to finance their debt over a number of years the cost of these energy improvements. This policy report examines the effect these energy performance contracts have on the City's debt policies and practices, and recommends a policy change to accommodate this type of contracting. Several public bodies in Virginia have already entered into energy performance contracts: Fairfax County Public Schools ($22.5 million over 6 phases), Chesterfield County Schools and County ($3.1 million between both agencies), Old Dominion University ($2.7 million), Portsmouth Public Schools ($8.4 million), and Newport News Public Schools ($27.4 million over two phases). Unfortunately, most of these localities are too early in the process to report official savings. However we did receive some information from Fairfax County. 1111 ;1 Energy Performance contracts have been in place in the Fairfax Facilities Management Department (FMD) for over five years resulting in combined annual energy savings over $1,000,000. These savings are realized each and every year once an energy project is completed. They have completed energy projects for lighting, HV AC and computer controls in over 130 buildings since program inception. Examples of recent Fairfax facilities projects: . Completed Energy Performance Contract valued at $2,132,000 to upgrade lighting and HV AC systems at the three building jail complex. Annual energy savings $1 84,000/yr. This project combined capital renewal requirements with energy saving strategies. . Completed Energy Performance Contract valued at $1,418,000 to upgrade lighting and HV AC systems at the Juvenile Detention Center and Springfield Warehouse. Annual energy savings $87,000/yr. This project combined capital renewal requirements with energy saving strategies. . Completed construction on an Energy Performance Contract valued at $915,000 to upgrade lighting and HV AC systems at the three building Government Center complex. Annual energy savings $111 ,500/yr. II. CONSIDERATIONS A. Legal Virginia State Code Section 11-34.1 establishes that "It is the policy of the Commonwealth to encourage public bodies to invest in energy conservation measures and facility technology upgrades that reduce energy consumption, produce a cost savings, and improve the quality of indoor air in facilities..." Sections 11-34.2 & 11- 34.3 of the State Code give localities the authority to enter into energy performance- based contracts. Although the State Code provides that energy performance contracts would not be considered debt, the rating agencies indicate that these contracts are a form of debt for purposes of evaluating the financial condition of a governmental unit. City Council must approve all debt and has an array of policies both legal and administrative to guide the City's debt program. From a legal standpoint, the energy performance contracts are contractual obligations and therefore, do not affect the City's Charter Debt nor do they require voter approval. These contracts are likewise 2 1111 'I not Constitutional Debt and therefore do not affect the authorized debt limit imposed by the State Constitution. However, without further discussion with the rating agencies, the contractual obligations would be initially included in the City's overall net debt as calculated by the agencies. B. Fioancial/Debt Policies City Council has adopted guidelines for the management of general obligation debt which the rating agencies have described as excellent management tools. These policy limits and where the City currently stands (based on the City's most recent Official Statement) are: 1) The total annual budgeted debt service for general government-supported debt will not exceed 10% of general government budgeted expenditures. 2005 2006 2007 March 1,2008 Ratio of Annual Debt Service to General Government 8.0% 8.0% 7.5% 7.4% Expenditures 2) The general obligation net debt will not exceed 3.5% of assessed value. Ratio of Debt to Assessed Value March 1 2008 1.8% 3) The general obligation net debt per capita will not exceed $2,400 per capita. 2005 $1,894 2006 $1,944 March 1,2008 $2,292 4) Total general obligation net debt per capita shall not exceed 6.5% of per capita personal income. 2005 2006 2007 March 1,2008 Ratio of Per Capita Debt to Per Capita Income 4.9% 4.8% N/A N/A As previously stated these energy performance contracts would be initially included in the above ratios, by the rating agencies. It is uncertain whether the agencies would change their positions at some future time as energy performance contracting becomes more widely used. This will likely be determined through proven results. 3 1111 II From the City's perspective it should be noted that there is a precedent for debt with a specified funding source to be treated separately. In 1995, City Council passed an ordinance to create the Agricultural Reserve Program (ARP) whereby treasury strips are purchased to serve as the source of repayment for the financing instrument known as installment purchase agreement. The treasury strips are the guaranteed funding source for the future repayment of the installment purchase agreement for development rights. The rating agencies agreed this debt is not included in the City's debt calculations since the debt has a funding source (treasury strips). Energy performance contracts also have a guaranteed funding source in energy savings, secured by a performance bond that is paid for by the contractor. This bond can be called upon by the City if the agreed savings do not materialize. C. Proposed Projects If Council establishes a separate debt policy for energy performance contracts, two capital projects would be established, one for the City and one for Schools, each for $5 million. Virginia Beach Public Schools' energy audit has resulted in projects that will involve lighting retrofits and occupancy sensors to provide the bulk of the energy savings. HV AC replacements will also be included in some of the schools. There are also some measures for water consumption reduction as a part of the overall savings in the effort. In addition, some of the improvements are intended to serve as teaching units for students. The City's approach will be based on the results of a limited energy audit, and will focus on many of the same type of improvements identified by the Schools. The emphasis will be to invest in quick return, easily measurable energy performance improving projects. III. AL TERNA TIVES 1) Create a separate debt policy for energy performance contracting Applying current standards, any financing arrangement used to pay for energy improvements will be considered debt by the agencies. The creation of a separate debt policy for energy improvement debt would demonstrate to the agencies our concern and awareness of this unique financing, as follows. It would be staff intention that debt incurred specifically for energy performance contracts not be included in the City's debt calculation. In this manner, the City would be recognizing the energy performance contracting program as a unique undertaking that provides the City the opportunity to reap long term energy savings by replacing older infrastructure, improving maintenance, and taking advantage of new technology. The program utilizes a type of debt which is backed by the on-going savings in energy costs and guaranteed by a required performance bond from the contractor. 4 1111 II The City Council currently has no intention to employ performance contracting agreements for any purpose in addition to the energy savings program. To accomplish this, the City and Schools would use energy perfonnance contracts in a cautious approach, i.e., no more than $10 million over the next 2 years, shared equally between City and Schools. By limiting the debt to $10 million, the City's debt per capita ratio would only increase approximately $20 per capita. This would be in addition to the existing policy for all other debt of $2400 per capita, and similar to the separate policy for ARP. In addition, the hope is that as these contracts become more prevalent, and the results more definitive, the rating agencies may exclude them from debt calculations given their funding source. 2) Do not create a policy for energy perfonnance contracting Energy projects would have to compete with all other capital projects in the CIP for funding. Given the Capital Improvement Plan for FY 2008-09, this would require reducing other projects in the CIP or proposing very limited projects for energy performance savings. Energy projects would also compete for maintenance and repair operational dollars and as is the current procedure, only occurs as part of our routine replacement process. IV. STAFF RECOMMENDATION Alternative 1: Council establish by ordinance two capital projects, one for the City and one for the Schools for energy saving improvements that would be fmanced through lease-purchase financing. In addition, Council establish by ordinance a separate, limited debt policy for energy performance contracting of up to $5 million each for City and Schools for a total not to exceed $10 million. This authorization would be for capital projects involving energy improvements that are secured by performance bonds. The ordinance should include authorization for the City Manager to negotiate energy perfonnance contracts, with savings secured by a perfonnance bond, in a fonn satisfactory to the City Attorney Staff also recommends that this initiative be reevaluated during the budget process every two years to examine the results. At that point the City may wish to increase or ,decrease the limit for energy performance contracts used in both City and School projects. In addition, the rating agencies may be more comfortable with these agreements and how they view this type of contract. The Director of Finance would investigate the opportunity to use low interest financing provided by the Virginia Resources Authority. 5 ?r4ttk\~ p. ~/ ,~ ! 2 '!J / D B Matthew J, Bosse Date Prepared by: Management and Budget Analyst ~gcr- 5hj'/D~ , .- Date Debt & Financial Services Administrator Reviewed by: ~ kw~~~D?b 5/;2,)(62 ./)'rCatheryn R Whitesell Date Director of Managem ervices 5,~3-0g Patricia A. Phillips Date Director of Finance ~!,~k 5-/:< f It) ~ Farrell E. Hanzaker I Oate hief Financial Officer, Schools 0/ :JJ/or I Dale D . Hansen O,~ ~~o"!, Date . Chief of Finance & Technology ~~Zr 5/zQ/6i pr Leslie L. Lilley , Date City Attorney Approved by: ~ <; I 'lj) / if6 I Date 6 1111 " - 30 - Item V-K.2. RESOLUTIONS/ORDINANCES ITEM # 57804 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution to AUTHORIZE the City Manager to execute a Memorandum of Understanding (MOU) re the Sandler Center for the Performing Arts Foundation Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva July I, 2008 1111 II 1 A RESOLUTION AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A MEMORANDUM OF 3 UNDERSTANDING WITH THE SANDLER CENTER 4 FOR THE PERFORMING ARTS FOUNDATION 5 6 WHEREAS, the Sandler Center for the Performing Arts at Virginia Beach 7 ("Center") is a community-based, professional quality, twelve hundred-seat facility that 8 was recently constructed and opened at the Town Center in Virginia Beach; and 9 10 WHEREAS, the mission of the Center is to provide exceptional cultural 11 opportunities for the community to both participate in and enjoy and to serve as a 12 cultural focal point for the performing arts in Virginia Beach; and 13 14 WHEREAS, the Sandler Center for the Performing Arts Foundation 15 ("Foundation"), which was formerly known as the Virginia Beach Performing Arts Center 16 Foundation, is a permanent, non-profit section 501 (c)(3) organization whose 17 responsibilities include (i) providing adequate resources for the activities of the Center 18 through a commitment to fund raising, including capital endowment, and potential on- 19 going annual fund raising; (ii) advising on long-range planning and vision for the Center; 20 (iii) ensuring that the work of the Center is consistent with the mission; (iv) serving as an 21 ambassador in the community and region advocating the mission and establishment of 22 the Center; and (v) serving on committees or task forces, as needed; and 23 24 WHEREAS, on July 12, 2005, the City and the Foundation entered into a two- 25 tear operating agreement to memorialize the responsibilities and obligations of the City 26 and the Foundation as they relate to certain operational activities of the Center; and 27 28 WHEREAS, on July 10, 2007, the City and the Foundation entered into a 29 Renewed and Restated Agreement that extended the term of the agreement from two 30 years to ten years; and 31 32 WHEREAS, the City and the Foundation now desire to enter into a Memorandum 33 of Understanding regarding the Foundation's Capital Fundraising Proceeds, and this 34 Memorandum of Understanding will supplement the preexisting Renewed and Restate 35 Agreement. 36 37 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 38 VIRGINIA BEACH, VIRGINIA: 39 40 The City Manager is hereby authorized and directed to execute the 41 Memorandum of Understanding on behalf of the City of Virginia Beach. A copy of the 42 Memorandum of Understanding is attached hereto. 43 44 Adopted by the Council of the City of Virginia Beach, Virginia on th~irst day 45 of .Tlll y , 2008. Approved as to Content: ~~ CA 10797 June 24, 2008 R-1 III ,I I Approved as to Legal Sufficiency: ~~v City Attorney's Offi 2 I II II I Memorandum of Understanding Between The City of Virginia Beach and the Sandler Center For the Performing Arts Foundation July 1, 2008 I. Purpose and Receipt of Capital Fundraisin2: Campai2:n Proceeds The Sandler Center for the Performing Arts ("Center"), which was formerly known as the Virginia Beach Performing Arts Center Foundation, is a City of Virginia Beach ("City") facility and community amenity which is budgeted at forty-six million seven hundred thousand dollars ($46,700,000) to construct. As summarized in Table 1 below, approximately thirty-five million ($35,000,000) of the cost was financed with bonds, and the remaining twelve million ($12,000,000) was paid in cash from City funds. ro..ect - an er enter or t e er ormm2 rts Sources of Financing Original Adjustments Current Charter Bonds (general obligation) $2,743,000 0 $2,743,000 Public Facility Revenue Bonds $32.257.000 Q $32.257.000 Sub-total - Bond Financing* (issued in 2003 $35,000,000 0 $35,000,000 and 2007) Private Contributions (cash) $11.700.000 $300.000 $12.000.000 TOTAL APPROPRIATED FUNDING $46.700.000 $300.000 $47.000.000 Table 1 CIP P . #3 283 S dl C ~ h P ~ A The financing plan for the Center provided that the cash portion of the funding was to be reimbursed to the City by private funds to be raised by the Sandler Center for the Performing Arts Foundation ("Foundation"). As of the date of this Memorandum of Understanding ("MOU"), the parties agree that the Foundation, through its Capital Fundraising Campaign, has received pledges of approximately twelve million dollars ($12,000,000). A summary of the funding payable to the City by the Foundation is set forth in Table 2. Table 2 Monies Pa able to the Cit b the Foundation Capital Fund Raising Campaign Capital Enhancements (Plaza Marquee) Total Capital Costs City Loan for Start-up Costs TOTAL Payable to CITY Paid to City to Date BALANCE OWED to CITY on Ma 1, 2008 The Foundation represents that the pledges are receivable from donors based upon individual payment schedules, over a period of ten (10) years, as set forth in Table 3 below: II II I Beginning Cash Balance 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 TOTAL: $2,785,501 $1,548,731 $1,805,508 $715,760 $518,500 $418,500 $132,500 $132,500 $132,500 $120,000 $10.000 $8,320,000 The City recognizes the diligent efforts of the Foundation in its fundraising and, to date, gratefully acknowledges the advanced receipt of three million eight hundred thousand dollars ($3,800,000) from the Foundation in Capital Fundraising Campaign proceeds. The parties further agree that the Foundation shall pay to the City additional Capital Fundraising Campaign proceeds in the amount of eight million three hundred and twenty thousand dollars ($8,320,000). Of this amount, two million seven hundred and eighty- five thousand five hundred and one dollars ($2,785,501) shall be transferred by the Foundation to the City as ofthe effective date ofthis MOU. II. PaVIDent of Capital Fundraising: Proceeds to the City In an effort to assist the Foundation in the management of Capital Fundraising Campaign proceeds, the Foundation shall transfer to the City the Capital Fundraising Campaign proceeds received by the Foundation whenever cumulative receipts total one hundred thousand dollars ($100,000), until all Capital Fundraising Campaign scheduled payments are received. Payments shall be made by the Foundation to the City of Virginia Beach, Department of Finance. Upon receipt of the Capital Fundraising Campaign proceeds, the City shall deposit such funds into an appropriate account in a manner that permits the identification of funds received. It is recognized and agreed by the parties that upon transfer of Capital Fundraising Campaign proceeds by the Foundation to the City, the funds shall become City funds and the Foundation will have no management oversight or claims to the funds. 2 III II I In order to repay the cash funds advanced for the construction of the Center, the City shall draw annually, subject to availability, from such Capital Fundraising Campaign proceeds deposited with the City beginning on the 30th day of September, commencing in 2008 and ending in 2017, pursuant to the following schedule ("Draw Schedule"): Year 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 TOTAL: Table 4 City's Draw Schedule Annual Payment to the City $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $750,000 $750,000 $750,000 $750,000 $320,000 $8,320,000 The Draw Schedule may be amended from time-to-time if Capital Fundraising Campaign proceeds received from the Foundation are less than those projected or are not received within the times projected. Based upon this Draw Schedule, it is anticipated that an on-going balance will remain in this draw account from year to year until the final draw and that this balance will accrue investment proceeds that will be earned for the benefit of the City, and the sum of all funds received and proceeds earned therefrom will exceed the initial cash investment by the City. III. Contribution to the Foundation's Endowment Proe;ram The City recognizes that the Foundation intends to continue to support and playa key role in the future of the Center. To this end, the Foundation has initiated an Endowment Campaign to support the on-going objectives and activities of the Center, and the City wishes to encourage and support this initiative. As such, the City agrees that it shall direct the City Manager to include funds in its annual budget for contribution to the Foundation to assist the Foundation in its pursuit of Endowment fundraising activities and Endowment functions. The proposed annual contribution shall be subject to appropriation by the City Council and shall be based upon the schedule set forth in Table 5. 3 Table 5 Schedule for Cit 's Annual Contribution to Foundation III" I Sept 30 of each Year 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 3 mo interest $2,785,501 * 3,334,232 4,139,740 3,855,500 3,374,000 2,792,500 2,175,000 1,557,500 940,000 310,000 4 mo interest $1,785,501 2,334,232 3,139,740 2,855,500 2,374,000 2,042,500 1,425,000 807,500 190,000 (10,000) 5 mo interest $3,334,232 4,139,740 3,855,500 3,374,000 2,792,500 2,175,000 1,557,500 940,000 310,000 (0) Total *The $2,785,501 earns interest for 5 months from 5/1/2008 - 9/30/2008 **Calculated based on surplus funds earning interest at 3.2% per annum. $100,642 106,769 118,015 106,289 89,548 73,127 53,367 33,607 13,680 2.373 $697,416 This schedule represents the projected accrual of surplus funds in the draw account that exceed the City's cash contribution to the Center. The schedule will be adjusted downward if contributions are not received pursuant to the projected schedules provided by the Foundation or if interest rates change. As evidence of their agreement to the terms and conditions set forth herein, the parties affix their authorized signatures hereto: Sandler Center for the Performing Arts Foundation By: Title: City of Virginia Beach By: City Manager/Authorized Designee Approved as to Availability of Funding: Department of Finance 4 Approved as to Content: Cultural Affairs III II I Approved as to Legal Sufficiency City Attorney's Office 5 III" I - 31 - Item V-K.3. RESOLUTIONS/ORDINANCES ITEM # 57805 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to A UTHORlZE the City Manager to execute a First Amendment to the 2003 Purchase Agreement with LifeNet Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A, Villanueva July 1,2008 II ,I I 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A FIRST AMENDMENT 3 TO THE 2003 PURCHASE AGREEMENT BETWEEN 4 THE CITY AND L1FENET 5 6 WHEREAS, the City of Virginia Beach (the "City") as Seller, and LifeNet, a 7 Virginia non-stock corporation ("Life Net") , as Buyer, are parties to a certain Agreement 8 of Sale (the "Purchase Agreement") dated March 26, 2003, relating to a 15.82 acre 9 parcel and a 6.57 acre parcel (the "Option Parcel"), located in the City of Virginia Beach; 10 11 WHEREAS, LifeNet's option to purchase the Option Parcel currently expires on 12 June 10, 2013; 13 14 WHEREAS, the purchase price for the Option Parcel from June 11,2003 15 through July 10, 2008 is One Hundred Twenty Five Thousand and 00/100 Dollars 16 ($125,000) per acre, with an annual escalator based on the Consumer Price Index (the 17 "Year 1-5 Purchase Price"); 18 19 WHEREAS, the purchase price for the Option Parcel from July 11, 2008 through 20 June 10, 2013 is the fair market value of the Option Parcel; 21 22 WHEREAS, LifeNet and City staff have requested that the Year 1-5 Purchase 23 Price be extended until July 10, 2010 so that LifeNet can develop and finalize its 24 expansion plans; 25 26 WHEREAS, in exchange for such extension, LifeNet has agreed to construction 27 deadlines, to be enforced by the City's right to repurchase the Option Parcel. In 28 addition, the City gets the right to review LifeNet's construction plans to ensure a 29 substantial investment in the property; and 30 31 WHEREAS, the City Council is of the opinion that the First Amendment to 32 Purchase Agreement is in the best interests of the City of Virginia Beach. 33 34 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 35 OF VIRGINIA BEACH, VIRGINIA: 36 37 That the City Manager is hereby authorized to execute a First Amendment to 38 Purchase Agreement amending the Purchase Agreement in accordance with the 39 Summary of Terms attached hereto and such other terms and conditions deemed 40 necessary and sufficient by the City Manager and in a form deemed satisfactory by the 41 City Attorney. III" I 42 Adopted by the Council of the City of Virginia Beach, Virginia on theF'i r!';t day of 43 July ,2008. APPROVED AS TO LEGAL SUFFICIENCY AND FORM APPROVED AS TO CONTENT ~~ Signatur OJ)~ Signature t~AJ#PrrC -Afl/l&?Jv1,t;Jl Department CA 10737 V\applicationslcitylawprod\cycom32\ WpdocslDO 12\P003 I00059819.DOC R-1 June 20,2008 III II I SUMMARY OF TERMS An Ordinance Authorizing the City Manager to Execute a First Amendment to the Purchase Agreement Between the City and LifeNet SELLER: City of Virginia Beach (the "City") PURCHASER: LifeNet Health (f1k/a LifeNet), a Virginia non-stock corporation ("Life Net") OPTION PARCEL: Approximately 6.5 acre parcel of land located adjacent to current Life Net parcel and located at the intersection of Concert Drive and Princess Anne Road, in Virginia Beach, Virginia OPTION EXPIRATION DATE: LifeNet's right to purchase the Option Parcel expires on June 10, 2013. PURCHASE PRICE: The current purchase price of the Option Parcel is $125,000 per acre plus an annual escalator based on the Consumer Price Index, and such price is currently set to expire on July 10, 2008. If LifeNet exercises its option to purchase the Option Parcel after July 10, 2008, then the purchase price becomes the fair market value of the Option Parcel. The Amendment would extend the current purchase price to expire on Julv 10. 2010 (one year and eleven months after the current expiration date). If LifeNet exercises its option to purchase the Option Parcel after July 10, 2010, then the purchase price becomes the fair market value of the Option Parcel. CONSIDERATION: In consideration of the extension of the current price, LifeNet has agreed to the following terms which will be included in the First Amendment: 1. Within six (6) months after LifeNet exercises its right to purchase the Option Parcel, LifeNet shall submit to the City Manager (or his authorized designee) Conceptual Plans for Life Net's current parcel and the Option Parcel. Such Conceptual Plans must show planned development satisfactory to the City Manager (or his designee). Approval will not be unreasonably withheld if the Conceptual Plans show a development investment of $5,000,000 or greater. 1111 " 2. LifeNet will have 18 months after its Conceptual Plans have been approved (as set forth above) to obtain all necessary approvals for development. 3. If Life Net fails to commence construction within two years after it obtains all approvals, or fails to complete construction within three years after it obtains all approvals, then the City can repurchase the Option Parcel at the purchase price paid by Life N et. V 'lapplicationslcitylawprodlcycom3 21 WpdocslDO 13\P003100059863 .DOC 1111 " - 32 - Item V-K.4. RESOLUTIONS/ORDINANCES ITEM # 57806 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to A UTHORIZE the City Manager to execute a Lease for less than jive (5) years with RW White Farm, LLC re City-owned land at 3180 New Bridge Road (Deferred from June 24, 2008) Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva July 1, 2008 ,il ,I I 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO 2 EXECUTE A LEASE FOR LESS THAN FIVE YEARS WITH RW 3 WHITE FARM, LLC FOR 36 ACRES OF CITY-OWNED LAND 4 LOCATED ON NEW BRIDGE ROAD 5 6 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 7 certain parcel of land consisting of 36 acres (the "Premises") located on New 8 Bridge Road in the southern section of the City; 9 10 WHEREAS, RW White Farm, LLC has agreed to pay the City $575.00 for 11 the use the Premises for a six month period; 12 13 WHEREAS, RW White Farm, LLC would like to enter into a formal lease 14 arrangement with the City for the Premises shown on Exhibit A; 15 16 WHEREAS, the Premises will be farmed and used solely for agricultural 17 purposes; 18 19 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA: 21 22 That the City Manager is hereby authorized to execute a lease for a term 23 of less than five years between RW White Farm, LLC and the City for the 24 Premises in accordance with the Summary of Terms attached hereto and such 25 other terms and conditions deemed necessary and sufficient by the City Manager 26 and in a form deemed satisfactory by the City Attorney. 27 28 Adopted by the Council of the City of Virginia Beach, Virginia on th~irst 29 day of July , 2008 CA 10577 R-1 6/18/08 v: \applications\citylawprod\cycom32\Wpdocs\D013\P003\00059851 . DOC APPROVED AS TO CONTENT EXB'~l~~~"-------------------------------------- -------------- 'Ii! ':i ~$ Q"'. ~ ~ ~~ V,L '$ ..0. ~ ~S'l5'; :r: ~ '1 1j~"'''' '<t '3, ""0 '\ ~~'i'& w8"- ~ 'b '\ ~~~" ~~~~ ~ . ~ o~~. -8~~ ~ ~ '\ 'b'tl"'~ ~-~~'i> ~:'-..'. -.;;,7',LCJ,\ js~~~ ~ 'OJ: - "'-,.:7,. ~ '\ :> ci~'i5 ~t '&""0.<'): '\ ,,-z~9 -'t! Y.:.... ~ OI7.~o ~"b\\ '\ \=.-", ~ <>.:>~"'~ '\ D '" '7J.0 <P.O~~ '\ -O~ <' \ 0\ \ \1 ~ ~ \-....) ~'It \ ".." . "0."- '\ ~\- '-:\ '%. \, " " " '" " '-': '" " -------- ---------- -------- ~ ~ u!4- ~~~ g wS~\<l~ ~:l:~::t ~~~~~ l/'l6~'Z ,,~z;~i; ~~tf, ~" t I --:::,::::::~~ ",;lS's ",,,,0000:> ,""'" ,,,,is "'N\"O'" ~ ~ t % s .l"-"_ ~ % o ~ If ~ ~ :> o '" " '5 t 5 ~~ ",,,, 0:> "'-~ ~~ ~ ~~ ... ~ti t~\~;\\\ ':\ f~ . @ a e ~~ ","-" ~ ~ go'fJ.~ In\ll~~~ "i'1t3"z'- ><~",,,,B'" cl~~'tri::o U'.;f\t'\~"'~z ~M~..n \.U o..Z\\~.c(~ 0: ""0 "..cOz ~ ~ S 7. ~ \ ~f \ ;)~\\ 7.~\ ~ ~ _ 3~7. 0 . h~~! \ ~ ~~~ \\ '" g. 9.~~ \\ ~ ~ <-~~\~* \ 11:J: ~ ~~ it. ?>5 ~ ~o -z ~ ~~ -:~ ~ ~ ~ \\ \ '5~ ~ ...0 5~ d g1 ~~ ~ U \~ ~~ ~1 ~ 1: \ 'S ~~ ~~ ~ C5~. u~ a~ ~~ ~,~ ~ ~ Ii: ~" w'1 - ~9. 9 ~ \i % ~i ~~ ~~ t~ ~u ~'cl '5 % ? 0 ~~!,% i:' ~- '1\ ,,<; ~ ~ ~ ~ ~7. ~~ 1'0 ~li. ~ iliZ ~_ ,: .. 5\0 50 t;!:O ~~ 'ie. NU ~~ ~~ S <l ~ ,"0 ..?...% '(.lQ -;% :s"\i"'~QU-" ~t\t?~Sl;," \>S ~i;~ 0 g 9~ -q 5. Ii: ~~ ~'i'. ~~ Q'" ~1 ~~,,;'t';:1~9~ @li~~Q9i>~ ~~ SN 'i\"'~1l1t ;::. 0 a % ~~ ~'" ~~ ~a 'I<~ U ~~ '9.g '" ~ o~ ~ 'a:: ,;," "i'j ,,'" 'bt>;; ~ 1';: %~ ~~ l;,% 01, " \= ,,;;. sl 1'"'0 oS 'i" ~ ,,5~ 0 7. . 'Ii.< :.'; 'to ft>~ " ~ <0 ",1 -'is <0 '/;'1< l- z t> S ::l 02 o~ o:s::" l-~ 'd~ ~~ ~'5 'OJ. S ~~ ~'": %t<a 'f ~~ ~ ~p 10 ~ ~ 9~~ ~~ a~ ,,~ ~w 'il t ~ <l~'t, ~~" 5'" ~~ %~ ~~5~"~ 7.~~%~% d~'5h ~5 ~';, ~ ~ ~~" ~~ 'f-z'i:,~Ie.'B@."';' ",:~~~ Bf::5 'I<.,g S?i ,:>Z '5 il':h'. ,,~ ~~~~~O~i!~~:' ~~~~~ %~'h'f'9. ;;3 ~\%;;~..; "- ~ ,:;~o:r .;. .... "'~- ~ ~- .....~-.;.~.,......-.,.f C'f') ~ ~.....~ ci ~... u.. lr.... _~ '1"..>'-- 0 ;0 '1\'- '\.\ ~ ~;: ~t ~: \~ 'B ~i "';;-1-0 ~ ~,,! -..,tvwO:J ,,7 ...........-. W IJ-I ~ if> ::l ",'" ~~~ ~ a~~ 'i'i ~5~ ~.'% ;3~~~ ~:>":t::' Q. Z2'WO Q ~~ '2. _..-,or '" tz'ffi ~$ i ",r'!'fJ. ~~~;;; ",,,/ 0"'- ,\:~~ ~ u:\~~gQ u~~g~ ~~ d~ ()...z"'-~ ~s'6 ~ I rJ~- -- .. (~~ .._.._.. ./u_! ~~~~~~ )"f' -~ ~'15~~~~ ,/' '5~~~a~ .,;__ ~l;"''''i'' ..;;:j'" 'iS~o II .;:.:~ ~,;f' 'i'" ,,;._.<<6"'~'<i' :>'" ,...~. "r.~,."" ? ":dP"'''''~&; ....w ./;" .?'--.,p' I ~;:::"" '" ill ~~\n,^ N ~",~~2l ~O~'i<i.~~ :\ ~"\3 o ~'t ~_'it~ 1::3 " / ./ ./ ./ ./ ./ ./ I ! i I ,.... .. ., I '. "" ../ "" ':<. . I ". "'015 %~ ~~ t. ~~ 2~~~ ~.:'i1 ~'d.E~.;~t.t\- ~~~~ " ; I I " .... ' '.j ~..a ~ ~ \~~~~il ~~~\ ~. ~S.~M~~~ l~-j~i~f 'i,,::lli, II 3' '" ~ r 7. % o~ ~ 't~ ~~ ""~ ~% ~~ ~~%~~ lCl~~~ ~ \ ~~ ~o ~~ 7.10 ~~ ~~ 1" ~" %w -" \'\~ ~~ ~o ~'i ~9. ~% "''it ~1 '5~ ~ ~ ~ ~ '0 % ~ l5 % o \ ~ :c ~ u.J ~ co '0 ~ ~ ~ 'Z. uJ ~ Z 1:3 gt:. ~ G ~ ~:x:><~ u. - ~3:.~~~;;% ""o..~~'" u.. ~ sti""~ 0", ~~ ~. f::. ~ ~ \ 0 u.J :c \-' ~ !f. 0\ o "' \( o j ~ 0 ;'5~ ~~5~ \ ~t~% ~~o~ ~~~l ~1\~ ~~ 2- ~ %lV~ 0 1;'<2H ~'t ld~~~ lOt'O~ . i~\i\ ;; ~ %9.~Se 5 ~~ %~ ~ li:>'O't"Z ~~~~e o'<'i:~~ ~~ 36i~ % \% <.\s~" ,,~ ~o .., %"~ t5 ~~~~~ o'tt!,<' \ ~...~~..., ~'4~~! ~ ~,n B\ !t~ \ \ 7.~'5 8~~ '8 ~?i.e. %~\ 50~ \%~ " % '< 0 ':<~~ \ t:~t 'Q.i/I~ ~ 1. lj %~i~ 1 ~\-" '^ ~ %~g~ " "'~o ,,% ~~~5 0" 1%~~ ~~ _d~ o~ t.~:=J'" ~: %~'t~ ,<0 U ~" ~5 ~i:f, \~S~ :e\\ '6 s ~~g~ S ~ ~~ ~ ~~~~ g~ g~ ("1 ~ 'g-o .....0 ~CO :; % c:: ';Z ~~ p...... t)C't'\ "II" I SUMMARY OF TERMS LESSOR: City of Virginia Beach LESSEE: RW White Farm, LLC PREMISES: Approximately 36 acres located at 3180 New Bridge Road as shown on the attached Exhibit A TERM: June 1, 2008, through December 31, 2008, with 4 one-year renewal options RENT: $575.00 for six months RIGHTS AND RESPONSIBILITIES OF TENANT: . Will use the Premises solely for agricultural purposes . Will keep, repair, and maintain the Premises at its expense, and will not remove any timber on the Premises unless approved by City . Will maintain commercial general liability insurance coverage with policy limits of not less than $500,000 combined single limits per occurrence and will name City as additional insured . Will comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease TERMINATION: The City may terminate the Lease at any time without cause by giving 6 months written notice - City to pay agreed-upon sum to Lessee to cover any loss for unharvested crop, if applicable IIII ,I I - 33 - Item V-K.5. RESOLUTIONS/ORDINANCES ITEM # 57807 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution to RECOGNIZE and COMMEND Wave Church, the staff and Volunteers of Hampton Roads Community Care for their numerous and varied services to children and families throughout Hampton Roads Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer. Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva ! July 1, 2008 "II II REQUESTED BY COUNCILMEMBER DeSTEPH 1 A RESOLUTION COMMENDING WAVE CHURCH AND 2 HAMPTON ROADS COMMUNITY CARE 3 4 WHEREAS, Hampton Roads Community Care, an initiative of Wave Church, is a 5 private 501 (c)(3) non-profit organization dedicated to improving the lives of individuals 6 and families in Hampton Roads and provides basic care (food distribution, soup kitchen 7 and clothes closet), educational services (tutoring and mentoring), and health and 8 human services (Oasis Counseling Center and addiction recovery programs); 9 10 WHEREAS, Hampton Roads Community Care has positively impacted the lives 11 of children and families throughout the Hampton Roads community, and in particular, in 12 the City of Virginia Beach, by: 13 14 . Serving over 3,600 nourishing hot meals to kids and adults in Atlantis Apartments 15 low income housing complex through the Healthy Living Supplemental Meal 16 program; 17 . Improving the lives of hundreds of individuals and families through its addiction 18 recovery programs; 19 . Reaching out to women in crisis by providing counseling, training and practical 20 resources and supplies; 21 . Providing over 2,000 hours of tutoring and mentoring to children and youth 22 throughout Hampton Roads; 23 . Helping over 1,500 children start school off right with required school supplies; 24 . Supplying Thanksgiving baskets to 150 families and a hot meal to over 150 25 seniors; and 26 . Bringing the joy of Christmas to over 250 needy children with gifts and stockings. 27 28 WHEREAS, the City Council would like to thank Wave Church and Hampton 29 Roads Community Care for their faithful and tireless efforts to improve the lives of 30 citizens of Virginia Beach and the Hampton Roads community. 31 32 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 33 VIRGINIA: 34 35 That the City Council, on behalf of the citizens of the City of 36 Virginia Beach, hereby commends the Wave Church and the staff and volunteers of 37 Hampton Roads Community Care for all of the wonderful work that they have 38 accomplished throughout the region and, in particular, in the City of Virginia Beach, by 39 providing necessary food resources, educational and human support services and an 40 unwavering sense of encouragement, as Hampton Roads Community Care continues to 41 empower individuals and improve their lives. 42 43 Adopted by the City Council of the City of Virginia Beach, Virginia, this Fj n:;t 44 day of July ,2008. 1111" I APPROVED AS TO LEGAL SUFFICIENCY: R~lr= City Attorney's Offic CA 10796 R-3 June 24, 2008 Ii il ,I I - 34 - Item V-K.6. RESOLUTIONS/ORDINANCES ITEM # 57808 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to TRANSFER $139,900from the General Fund Reserve for Contingencies to the FY 2007-08 Operating Budget for revenue reimbursements to support tax exemptionfor the elderly and disabled Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva July 1, 2008 IIII ,I I 1 AN ORDINANCE TO TRANSFER FUNDS FROM THE 2 GENERAL FUND RESERVE FOR CONTINGENCIES 3 TO THE FY 2007-08 OPERATING BUDGET FOR 4 REVENUE REIMBURSEMENTS TO SUPPORT TAX 5 EXEMPTION FOR THE ELDERLY AND DISABLED 6 7 8 WHEREAS, participation exceeded projections in the Tax Relief for the Elderly 9 and Disabled program. 10 11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 12 VIRGINIA: 13 14 That $139,900 is hereby transferred from the General Fund Reserve for 15 Contingencies to the FY 2007-08 Operating Budget for Revenue Reimbursements to 16 support Tax Exemption for the Elderly and Disabled to fully fund this program. 17 18 Adopted by the Council of the City of Virginia Beach, Virginia, on the First day 19 of July , 2008. 20 21 Requires an affirmative vote by the majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: //~ . }". u'- / ~:f~~ (Manag me Services . CA 10798 R-2 June 18, 2008 1111 " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 AN ORDINANCE TO APPROPRIATE FUNDS TO THE FY 2008-09 SHERIFF'S DEPARTMENT OPERATING BUDGET TO PROVIDE FUNDING FOR STATE PAY INCREASES FOR UNIFORMED SHERIFF PERSONNEL ON JULY 1, 2008 WHEREAS, the State Compensation Board granted pay raises for Sheriffs Department uniform personnel effective December 1, 2008; and WHEREAS, the Sheriff has requested the use of Fund Balance from the Sheriffs Department Special Revenue Fund to accelerate pay raises to July 1, 2008. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Estimated revenues from the Commonwealth of Virginia Compensation Board are hereby increased by $174,647. Appropriations to the Department of Sheriff and Corrections FY 2008-09 Operating Budget to fund salary raises for Sheriff's employees are increased by $174,647. Appropriations from the Fund Balance of the Sheriff's Department Special Revenue Fund to the Department of Sheriff and Corrections FY 2008-09 Operating Budget to provide one-time funding to advance pay raises for uniform personnel to July 1, 2008 are increased $151,230. That $34,196 is hereby transferred from the General Fund Dedicated Reserve for Contingencies to the Department of Sheriff and Correction's FY 2008-09 Operating Budget to fund the fringe benefit portion of the pay increases for Sheriff's personnel. of Adopted by the Council of the City of Virginia Beach, Virginia on the Fir!3t day July ,2008. Requires an affirmative vote by a majority of all the members of City Council. Approved as to Content Approved as to Legal Sufficiency ~~~ Ctfy' ttorney's Ice ~ CA 10802 R-3 June 23, 2008 "II II - 35 - Item V-K.7a/b/c RESOLUTIONS/ORDINANCES ITEM # 57809 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to APPROPRIATE funds to the Sheriff's FY 2008-09 operating budget to effect state pay increases for Uniformed Sheriff Personnel as follows: a. ACCEPT $174,647 (estimated) from the Commonwealth of Virginia Compensation Board b. APPROPRIATE $151,230 from the Sheriff's Special Revenue Fund to provide one-time funding to advance pay increases c. TRANSFER $34,196 from the General Fund Dedicated Reserve for Contingencies re fringe benefits Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva July 1, 2008 "II ,I I - 36 - Item V-K.8. RESOLUTIONS/ORDINANCES ITEM # 57810 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to APPROPRIATE $75,000 from the Sheriff's Revenue Fund to the Sheriff's FY 2008-09 operating budget re a Language Fluency Stipend Pilot Program Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva July 1, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 IIII II AN ORDINANCE TO APPROPRIATE $75,000 FROM THE FUND BALANCE OF THE SHERIFF'S DEPARTMENT SPECIAL REVENUE FUND TO THE SHERIFF'S DEPARTMENT FY 2008-09 OPERATING BUDGET TO PROVIDE FUNDING FOR A LANGUAGE FLUENCY STIPEND PILOT PROGRAM WHEREAS, the Sheriff has requested the use of Fund Balance from the Sheriff's Department Special Revenue Fund to institute a pilot program for language fluency stipends; and WHEREAS, funding for the language fluency stipends is provided for FY 2008- 09 using the Fund Balance from the Sheriff's Department Special Revenue Fund; and WHEREAS, any future costs for the program will be funded using Federal revenue sources generated by the Sheriff's Department. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $75,000 is hereby appropriated from the Fund Balance of the Sheriff's Department Special Revenue Fund to the Sheriff's Department FY 2008-09 Operating Budget to provide funding for a language fluency stipend pilot program. 2. Prior to continuing the program, a report on the language fluency stipend pilot program will be provided to City Council along with a request for funding to continue the program. Adopted by the Council of the City of Virginia Beach, Virginia on the First day of ,lnly ,2008. Requires an affirmative vote by a majority of all the members of City Council. Approved as to Content Approved as to Legal Sufficiency CA 10801 R-3 June 23, 2008 Ii II d i - 37 - Item V-K9 RESOLUTIONS/ORDINANCES ITEM # 57811 ADDED Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution honoring Mayor Oberndorf for her 20 years as Mayor and 32 years as a Member of City Council Voting: 9-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Mayor Meyera E. Oberndorf* Council Members Absent: Ron A. Villanueva *Mayor Oberndorf VERBALLY ABSTAINED July 1, 2008 RESOLUTION WHEREAS: Meyera E. Oberndorfwasfirst elected to serve on the Virginia Beach City Council, beginning July rt, 1976: WHEREAS: Prior to serving on City Council, Mayor Oberndorf served on the Virginia Beach Library Board for ten years, including Chair: WHEREAS: Mayor Oberndorf, having served faithfully and well as Chair of the Library Board, was elected to Virginia Beach City Council in 1976, being the first woman elected to public office in Virginia Beach and serving as Vice Mayor from 1986 to 1988: WHEREAS: Mayor Oberndorf was sworn in on July rt, 1988, as the first directly elected Mayor and the first woman Mayor in Virginia Beach's history, continuing a series of firsts for her as well as the City: WHEREAS: As Mayor, she has served as a Trustee with the US Conference of Mayors, is Chair of the Standing Committee on International Affairs, andformer Co-Chair of the Presidential Policy Transition Team on Human Dignity and Diversity,' she serves as a member of the National League of Cities Advisory Board, past Chair of the Virginia Municipal League and Vice Chair of the Hampton Roads Mayor and Chairs and, WHEREAS: Mayor Oberndorfwas recognized by Newsweek magazine as "One of the 25 Most Dynamic Mayors in the u.s.," as well as Outstanding Woman of Virginia by the American Legion Auxiliary and newsmaker of the year by the Virginia Press Women; and the Humanitarian Awardfrom the National Conference of Christians and Jews. NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Virginia Beach, Virginia, hereby recognizes the contributions and diligent efforts given by Mayor Oberndorf, whose untiring efforts, good counsel, leadership and faithful commitment to the City and its citizens have made a positive impact in furthering the City's mission to be a "Community for a Lifetime" for twenty years. BE IT FURTHER RESOLVED: That the City Council of the City of Virginia Beach is grateful for the dedicated and unselfish service of Meyer a E. Oberndorfwho has served as a member for 32 years, with 20 years as Mayor. She has provided the citizens of the City of Virginia Beach leadership, friendship and national recognition. With our signatures below, we wish Meyera well as she continues to serve the city and its people now and in the years to come. J D.....Q Harry ~uncil ~r Bar ar M Henley, Council Member ~~~ Reba S. McClanan, Council Member r-~ P'_ Y.A4 ~ _ ~ Ron A. Villanueva, Council Member i I V-L. PLANNING 1. NEW CINGULAR WIRELESS PCS, LLC (T/A AT & T) 2. AASHNI PROPERTIES 3. TERRY SPITZER 4. CHRIS WYNNE 5. SANDRA K SA WYER (Sandy's Angels Daycare) 6. CITY ZONING ORDINANCE (CZO) - 38 - ITEM 57812 1111 II I CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONITIONAL USE PERMIT AMEND ~111 to reflect provisions of the Virginia Code ~15.2-2291(A) as adopted 2008 General Assembly re definition of "Family" AMEND ~103 to reflect provisions of the General Assembly legislation (HB 430) re Zoning Administrator or his or her agent's authorization to present sworn testimony to a Judge or Magistrate requesting issuance of inspection warrants AMEND ~103 re Civil Penalties to reflect provisions of the General Assembly's change (HB 1308) AMEND ~1601 re a Coastal Primary Sand Dune to reflect provisions of the General Assembly's change (HB 1308) expanding the definition of coastal primary sand dune to include dunes with Virginia pine, Japanese sedge or broom sedge growing July 1, 2008 1111 ,I I - 39 - Item V-K. ITEM 57813 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, Items 1, 2, 3, and 6 of the PLANNING BY CONSENT AGENDA Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva July 1, 2008 I I 1111 II I - 40- .Item V-L.1. ITEM 57814 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance upon Application of NEW CINGULAR WIRELESS PCS, LLC (T/A AT&T) for a Conditional Use Permit re a communication tower: ORDINANCE UPON APPLICATION OF NEW CINGULAR WIRELSSS PCS, LLC (T/A AT&T) FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATION TOWER R070835278 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA NEW CINGULAR WIRELSSS PCS, LLC (T/A AT&T) for a Conditional Use Permit for a communication tower on property located at 5060 Ferrell Parkway (GPIN 1465575095). AICU2 is Less than 65. DISTRICT 1-CENTERVILLE. The following conditions shall be required: 1. When developed and installed, the antennas shall be in substantial conformance with the antenna depicted on the plans entitled, "AT & T NF341B Ferrell Parkway, Virginia Beach, VA 23464 (Sheets T-1, C-1 C-2 C-3 C-4 & L-1 with a revision date 4/02/08 and Sheet SP-1 dated 11/28/07), prepared by SAI Communications with Consultants, ALLPRO Consulting Group, Inc. and Harvey L. Parks, Inc. 2. The tower shall be limited in height to 150 feet with a lightning rod of 4 feet for a total height of 154 feet. In no instance shall antennas be installed higher than the existing 150-foot high tower. 3. The applicant shall install a solid wood privacy fence around the proposed telecommunication tower and/or ground equipment depicted on the final site plan, with final approval at the discretion of the Planning Director. No barbed wire shall be permitted. Landscaping around the tower shall comply with the ordinance requirements. 4, No signs indicating the location of this facility are allowed. 5. Unless a waiver is obtained from Department of Communications and Information Technology (COMIT), a radio frequency emissions study (RF Study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the tower and all subsequent users. 6. In the event interference with any Virginia Beach emergency communications facilities arises from the users of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. July 1, 2008 1111 I I - 41 - .Item V-L.J. ITEM 57814 (Continued) PLANNING 7. The Director of Planning may allow the installation of a type of antenna different from that shown on the plans described in Condition 1 if the Director determines that the proposed antenna type will not result in any undue impact beyond the antenna type shown in the plan described in Condition 1 and a structural report is submitted from a licensed structural engineer stating that the tower, with the proposed antennas, meets the structural standards established by the Electronics Industry Association and the local Building Code. 8. Should the antennas cease to be used for a period of more than one (J) year, the applicant shall remove the antennas, tower and related equipment. 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 First of July Two Thousand Eight Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva July 1,2008 II I d I - 42- .Item V-L.2. ITEM 57815 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance upon application of AASHNI PROPERTIESfor a Conditional Use Permitfor a car wash: ORDINANCE UPON APPLICATION OF AASHNI PROPERTIES FOR A CONDITIONAL USE PERMIT FOR A CAR WASH R070835279 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of AASHNI PROPERTIES for a Conditional Use Permit for a car wash on property located at 5636 Princess Anne Road (GPIN 1467133519). A/CU2 is Less than 65. DISTRICT 2 - KEMPSVILLE. The following conditions shall be required: 1. When the property is developed, the site layout shall be in substantial conformance with the plan entitled "Layout Plan for Car Wash Addition at 5636 Princess Anne Road, Virginia Beach, Virginia" dated 06/04/08, prepared by Land Design and Development, Inc. with revisions and reservation as included within these conditions. Said plan has been exhibited to the City Council and is on file in the Planning Department. 2. When the addition and renovations are constructed, it shall be in substantial conformance with the elevation entitled "Elevation for Car Wash Addition at 5636 Princess Anne Road Virginia Beach, Virginia, dated 03/26/08, prepared by Land Design and Development, Inc. Said plan has been exhibited to the City Council and is on file in the Planning Department. 3. The hours for operation for the car wash shall be limited to 7:00 A.M to 9:00 P.M 4. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away form acijoining property or right-of-way. 5. A pedestrian sidewalk shall be extended along a portion of the property on Parliament Drive in conjunction with the landscaping. 6. The existing dumpster shall be screenedfrom view withfenGing and landscaping as required. 7. The western most curb cut along Princess Anne Road is to be closed. 8. The western most curb cut along Parliament Drive shall be closed. 9. A reservation of eight (8) feet shall be required along Princess Anne Road. 10. Trailers for the purpose of unloading goods at this site shall be removed within 24 hours. July 1, 2008 il I d i - 43 - .Item V-L.2. ITEM 57815 (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 First of July Two Thousand Eight Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva July 1, 2008 II I d I - 44- Item V-L.3. ITEM 57816 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of TERR Y SPITZER for a Conditional Use Permit re construction of a noncommercial marina and pier: ORDINANCE UPON APPLICATION OF TERRY SPITZER FOR A CONDITIONAL USE PERMIT FOR A NONCOMMERCIAL MARINA AND PIER R070835280 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of TERRY SPITZER for a Conditional Use Permit for a noncommercial marina and pier on property located at 3850 Little Neck Point Road (GPIN 1489533060; 1489534109). AICUZ is Less than 65. DISTRICT 5 - LYNNHA VEN The following conditions shall be required: 1. The noncommercial marina and the pier shall be constructed in substantial conformance with the conceptual plan entitled, "Proposed Bulkhead/Pier/Wharf " prepared by Richard T Bartlett, P.E., dated 03/22/08, which has been exhibited to City Council and is on file with the Planning Department 2. Use of the nonresidential marina and pier shall be limited to the residents and guests of 3850 Little Neck Point Road. 3. The property, identified as Parcel C-2, GPIN 14895330600000, shall be maintained and kept free of debris and trash by the owner(s) of 3850 Little Neck Point Road. 4. No commercial use of the marina or boat pier shall be permitted. 5. The noncommercial marina and pier are subject to all applicable federal, state and local rules and regulations. All permits required under such rules and regulations shall be obtained prior to construction and use of both the marina and the pier. 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 First of July Two Thousand Eight July 1, 2008 Item V-L.3. PLANNING Voting: - 45 - ITEM 57816 (Continued) 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva III ,I I July 1,2008 1111" I - 46- Item V-L4. ITEM 57817 PLANNING Attorney Edward Bourdon, Phone: 499-8971, represented the applicant and advised the site was composed of thirty-eight (38) acres. Council Lady Henley requested information be provided, as more of these facilities are being developed which conduct horse shows. This property is long and narrow and directly behind residential development. Council Lady Henley has requested the Planning Department review the waste disposal process to be assured it is properly handled re Condition No.4, Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of CHRIS WYNNE for a Conditional Use Permit re operation of a riding academy and horse boarding facility: ORDINANCE UPON APPLICATION OF CHRIS WYNNE FOR A CONDITIONAL USE PERMIT FOR HORSE BOARDING R070835281 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CHRIS WYNNE for a Conditional Use Permit for horse boarding on property located at 1825 Pleasant Ridge Road (GPIN 2411295277). AICUZ is Less than 65. DISTRICT 7 - PRINCESS ANNE. The following conditions shall be required: I. When the property is developed, the site layout shall be in substantial conformance with the plan entitled "Conceptual Site Layout Plan of Breckenridge Manor Pleasant Ridge and Dawley Road, Virginia Beach, VA," dated 03/28/08 prepared by MSA, Pc. Prior to any horse show, a designated area for trailer parking for horse shows shall be indicated on a plan to be submitted to the Department of Planning / Current Planning Division. Said plan has been exhibited to City Council and is on file in the Planning Department. 2. When the new barn is constructed, it shall be in substantial conformance with the elevation entitled "Chris Wynne 1492 Pleasant Ridge Road Virginia Beach, Virginia 23456," dated 06 March 2008, prepared by Conestoga Buildings. Said plan has been exhibited to City Council and is onfile in the Planning Department. 3. There shall be no more than twenty (20) horses kept on the property. 4. The applicant shall consult with the Department of Agriculture pertaining to the most efficient and appropriate method of waste collection and disposal. 5. Operating hours for horse training shall be from Monday through Sunday, 8:00 A.M until dark, but not later than 8:00 P.M 6. No more than six (6) horse shows shall be held within a one (1) year time frame. 7. All lighting on the site shall be directed inward and shall not spillover onto adjoining properties. 8. No permanent outside speakers or sound systems shall be permitted. July I, 2008 II II d I - 47- Item V-L4. ITEM 57817 (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 First of July Two Thousand Eight Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva July 1, 2008 II" I - 48 - Item V-L 5. ITEM 57818 PLANNING Sandra K. r and Michael Sawyer, represented their application Upon motion by Councilman Dyer, seoconded by Council Lady Wilson, City Council DEFFERED TO AUGUST 12, 2008, Ordinance upon application of SANDRA K. SA WYER (Sandy's Angels Daycare) for a Conditional Use Permit re in-home daycare of up to twelve (12) children: ORDINANCE UPON APPLICATION OF SANDRA K. SAWYER FORA CONDITIONAL USE PERMIT FORA HOME OCCUPATION (DAY CARE) Ordinance upon application of SANDRA K. SA WYER for a Conditional Use Permit for a home occupation (day care) on property located at 5621 Parkland Court (GPIN 1466000982). AICUZ is Less than 65 dB. DISTRICT 1 - CENTERVILLE. The applicant shall work with Councilman Dyer and City Staff to assure the safety of the children re the fence and swimming pool enclosure. Voting: 9--1 Council Members Voting Aye: William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Harry E. Diezel Council Members Absent: Ron A. Villanueva July 1,2008 1111" I - 49- Item V-L 6. ITEM 57819 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinances re the City Zoning Ordinance (CZO): a. AMEND 9111 to reflect provisions of the Virginia Code 915.2-2291 (A) as adopted by the 2008 General Assembly re definition of "Family" b. AMEND 9103 to reflect provisions of the General Assembly legislation (HB 430) re Zoning Administrator or his or her agent's authorization to present sworn testimony to a Judge or Magistrate requesting issuance of inspection warrants c. AMEND 9104 re Civil Penalties to reflect provisions of the General Assembly's change (HB 1308) e. AMEND 91601 re a Coastal Primary Sand Dune to reflect provisions of the General Assembly's change (HB 1308) expanding the definition of coastal primary sand dune to include dunes with Virginia pine, Japanese sedge or broom sedge growing Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva July 1, 2008 IIII I .. 1 AN ORDINANCE TO AMEND SECTION 111 2 OF THE CITY ZONING ORDINANCE, 3 PERTAINING TO THE DEFINITION OF 4 "FAMILY" 5 6 Section Amended: City Zoning Ordinance 7 Section 111 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 1 0 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 111 of the City Zoning Ordinance IS hereby amended and 16 reordained to read as follows: 17 18 Sec. 111. Definitions. 19 20 21 22 Family. A "family" is: 23 24 (a) An individual living alone in a dwelling unit; or 25 26 (b) Any of the following groups of persons, living together and sharing living 27 areas in a dwelling unit: 28 29 (1) Two (2) or more persons related by blood, marriage, adoption, or 30 approved foster care; 31 32 (2) A group of not more than four (4) persons (including servants) who need 33 not be related by blood, marriage, adoption or approved foster care; 34 35 (3) A group of not more than eight (8) mentally ill, mentally retarded or 36 developmentally disabled persons with mental illness. intellectual disability or 37 developmental disabilities residing with one (1) or more resident counselors or other 38 staff persons and licensed by the department of mental health, mental retardation and 39 substance abuse services; in a facility whose Iicensinq authority is the Department of 40 Mental Health. Intellectual Disability and Substance Abuse Services; provided, that 41 mental illness and developmental disability shall not include current illegal use of or 42 addiction to a controlled substance as defined in Section 54.1-3401 of the Code of 43 Virginia; 44 45 (4) A group of not more than two (2) adults, who need not be related by blood 46 or marriage, and the dependent children of each of the two (2) adults, provided that the I I ",I I ~ 47 children are under nineteen (19) years of age or are physically or developmentally 48 disabled. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the 151 day of 51 July, 2008. 2 1111 II I 1 AN ORDINANCE TO AMEND SECTION 103 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO THE ISSUANCE OF 4 INSPECTION WARRANTS 5 6 Section Amended: City Zoning Ordinance 7 Section 103 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 103 of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 Sec. 103. Administration. 19 20 21 22 (k) The zoninq administrator or his aqent may present sworn testimony to a 23 maqistrate or court of competent iurisdiction and. if such sworn testimony establishes 24 probable cause that a zoninq ordinance violation has occurred. request that the 25 maqistrate or court qrant the zoninq administrator or his aqent an inspection warrant to 26 enable the zoninq administrator or his aqent to enter the subiect dwellinq for the 27 purpose of determininq whether violations of the zoninq ordinance exist. The zoninq 28 administrator or his aqent shall make a reasonable effort to obtain consent from the 29 owner or tenant of the subiect dwellinq prior to seekinq the issuance of an inspection 30 warrant. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1st day of 33 July, 2008. ,111;1 I 1 AN ORDINANCE TO AMEND SECTION 104 2 OF THE CITY ZONING ORDINANCE, 3 PERTAINING TO CIVIL PENALTIES 4 5 Section Amended: City Zoning Ordinance 6 Section 104 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 104 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 ARTICLE I. GENERAL PROVISIONS 18 19 20 21 Sec. 104. Violations and penalties. 22 23 24 25 (b) Any person who violates any provision of Part B of Article 2 hereof or 26 section 203(d) or 205 shall be assessed a civil penalty in the amount of two hundred 27 dollars ($200.00) for the initial summons and not more than five hundred dollars 28 ($500.00) for each additional summons. The assessment of a civil penalty shall not 29 preclude the institution of a civil action by the zoning administrator pursuant to section 30 103(a) of this ordinance, but no such violation shall, unless it results in injury to any 31 person, be prosecuted as a criminal misdemeanor, provided however that when such 32 civil penalties total five thousand dollars ($5.000.00) or more. the violation may be 33 prosecuted as a criminal misdemeanor. 34 35 (c) The zoning administrator or his or her designee may issue a civil 36 summons as provided by law for a violation. Any person summoned or issued a ticket 37 for a violation may make an appearance in person or in writing by mail to the city 38 treasurer prior to the date fixed for trial in court. Any person so appearing may enter a 39 waiver of trial, admit liability, and pay the civil penalty established for the offense 40 charged. Such persons shall be informed of their right to stand trial and that a signature 41 to an admission of liability will have the same force and effect as a judgment of court. If 42 a person charged with a scheduled violation does not elect to enter a waiver of trial and 43 admit liability, the violation shall be tried in the general district court in the same manner 44 and with the same right of appeal as provided by law. In any trial for a violation, it shall 45 be the burden of the zoning administrator or his or her designee to show the liability of 46 the violator by a preponderance of the evidence. If the violation remains uncorrected at 47 the time of the admission of liability or findinq of liability. the court may order the violator I111 I I 48 to abate or remedy the violation in order to comply with the zoninq ordinance. Except as 49 otherwise provided by the court for qood cause shown. any such violator shall abate or 50 remedy the violation within a period of time as determined by the court. but not later 51 than six months of the date of admission of liability or findinq of liability. Each day durinq 52 which the violation continues after the court-ordered abatement period has ended shall 53 constitute a separate offense. An admission of liability or finding of liability shall not be a 54 criminal conviction for any purpose. 55 56 Adopted by the Council of the City of Virginia Beach, Virginia, on the 151 day of 57 July, 2008. ,III I , 1 AN ORDINANCE TO AMEND SECTION 1601 2 OF THE CITY ZONING ORDINANCE, 3 PERTAINING TO THE DEFINITION OF 4 "COASTAL PRIMARY SAND DUNE" 5 6 Section Amended: S 1601 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINA 12 BEACH, VIRGINIA: 13 14 That Article 16, Section 1601 of the City Zoning Ordinance is hereby amended 15 and reordained to read as follows: 16 17 ARTICLE 16. COASTAL PRIMARY SAND DUNE ZONING ORDINANCE 18 19 20 21 Sec. 1601. Definitions. 22 23 For the purpose of this article: 24 25 26 27 (e) Coastal primary sand dune or dune means a mound of unconsolidated 28 sandy soil which is contiguous to mean high water, whose landward and lateral limits 29 are marked by a change in grade from ten (10) percent or greater to less then ten (10) 30 percent, and upon which is growing any of the following species: American beach grass 31 (Ammophilla breviligulata); beach heather (Hudsonia tometosa); dune bean 32 (Strophostylis spp.); dusty miller (Artemisia stelleriana); saltmeadow hay (Spartina 33 patens); seabeach sandwort (Arenaria peploides); sea oats (Uniola paniculata); sea 34 rocket (Cakile edentula); seaside goldenrod (Solidago sempervirens); Japanese sedqe 35 or Asiatic sand sedqe (Carex kobomuqi); Virqinia pine (Pinus virqiniana); broom sedqe 36 (Andropoqon virqinicus); and short dune grass (Panicum ararum). For purposes of this 37 article, "coastal primary sand dune" shall not include any mound of sand, sandy soil or 38 dredge spoil deposited by any person for the purpose of the temporary storage, beach 39 replenishment or beach nourishment, nor shall the slopes of any such mound be used 40 to determine the landward or lateral limits of a coastal primary sand dune. 41 42 (f) Governmental activity means any or all of the services provided by the 43 City of Virginia Beach to its citizens for the purpose of maintaining public facilities, 44 including but not limited to, such services as constructing, repairing and maintaining 45 roads; providing street lights and sewage facilities; supplying and treating water; and 46 constructing public buildings. 1111 I I 47 48 (g) Wetlands Board or Board means the board created pursuant to Section 49 28.2-1303 of the Code of Virginia. 50 51 Adopted by the council of the City of Virginia Beach, Virginia, on the 1st day of 52 July, 2008. Item v,M.1. APPOINTMENTS - 50 - ITEM #57819 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BEACHES and WATERWAYS COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION OPEN SPACE ADVISORY COMMITTEE REVIEW AND ALLOCATION COMMITTEE - COG I II I I July 1, 2008 1111;1 I - 51 - Item v.P.1. ADJOURNMENT ITEM # 57820 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:05 P.M. ~__A~,tJ Beverly 0. Hooks, CMC Chief Deputy City Clerk _&:"- .e-<.....J th Hodges Fraser, MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia The Public Comment re Non Agenda Item adjourned at 7:15 P.M. July 1,2008 II II I - 52 - PUBLIC COMMENT Rosalyn Rolle, 5233 Dundee Lane, Phone: 479-3803, resident of Brigadoon since 1986. Citizens cannot get handicap transportation if confined to a wheelchair, unless residence is within six (6) blocks of the primary bus line. Ms. Rolle requested HRT schedule a bus for primary access along Kempsville Road (Loop 12) so that handicap transportation can be provided to Seniors and the handicapped (mental and disabled). Council Members Uhrin and Wood are City Council Liaisons to the Hampton Roads Transportation Commission. They will confer with HRT to determine possibilities to extend the line. July 1, 2008 - 51 - Item v.P.J. ADJOURNMENT ITEM # 57820 II II I Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:05 P.M. 0~~___~_:.~:~~ Beverly 0. Hooks, CMC Chief Deputy City Clerk ~tfL~-__ Meyera E. Oberndorf Mayor Ruth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia The Public Comment re Non Agenda Item adjourned at 7:15 P.M. July 1,2008 City e>fV-irgirriaBeach OFFICE OF THE CITY MANAGER (757) 385-4242 FAX (757) 427-5626 TTY 711 VBgov.com MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23546-9001 July 1, 2008 The Honorable Meyera E. Oberndorf, Mayor Members of City Council Subject: Fiscal Challenges in the New Budget Dear Mayor and Council Members: Today is the beginning of another new fiscal year and another new biennium. Although the FY 2008-09 Resource Management Plan is one of the most stringent in years, departments are working through the fiscal challenges inherent in this budget and CIP to ensure that the services that our citizens value are sustained for the next biennium. One of the challenges facing us in FY 2008-09 and FY 2009-10 relates to increases in energy costs - specifically recent increases in the cost of electricity, natural gas, and fuel. We are anticipating that the recent announcements from Dominion Virginia Power and Virginia Natural Gas regarding rate increases (18% and 35%, respectively) will result in an increase in the cost of electricity to the City of about $2.5 million ($5 million for the City and Schools combined) and an increase in the cost of natural gas of about $650,000. Added to that is the continued rise in the price per barrel of oil, which could create a gap in funding for vehicle fuel of over $2 million. Overall, we are expecting energy-related expenses to exceed the budget by over $5.6 million in FY 2008-09. To minimize the effect of the increases in energy costs we are working with departments to identify and implement specific actions that will reduce our consumption of electricity, natural gas, and fuel. In addition, at the July 1 Council meeting you will be presented with Energy Performance Contracts that will provide us with guaranteed energy savings. Another of the fiscal challenges before us in the next biennium is the slowing economy, which has resulted in a significant increase in participation in the Tax Relief for the Elderly Program. As of now there are about 1,000 additional applicants for the program, and although not all those who apply will qualify, the additional tax relief associated with the rise in participants is expected to be between $800,000 and $2 million in FY 2008- 09. This could result in a total program of $17.0 million, of which we budgeted $15.2 million. I I I II The Honorable Meyera E. Oberndorf, Mayor Members of City Council Fiscal Challenges in the New Budget July 1, 2008 Page 2 As we proceed into the next fiscal year, we will be monitoring the effect of the increases in energy-related costs and tax relief, as well as any other factors that will require us to reexamine our strategies to maintain control over costs and sustain services. I will keep you informed of any significant operational funding adjustments that may be needed; however, our ability to absorb an initial $6.5 million deficit will require strenuous fiscal constraint on everyone's part. Sincerely, , JKSllth c: Management Leadership Team Catheryn Whitesell, Director of Management Services