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Home My WebLink AboutSEPTEMBER 2, 2008 MINUTES II I CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AlA YOR MEYFRA r OR/iRNIJORF, AI-I,arg" V'WI: MA YOR LOI 'IS R JONES, Rayslde - IhVlrtcl .J W/UJAM R. IJeSlJ:PH, AI-Large H..IRRY Ii. DfEZhI, Kempsvtlle - fJtslrtcl 2 /iURI:RTM. IJYER" CenterVllle - DIstrtct I BARBARA M. HENLEY, Prmcess Anne District 7 iii BA S McCLANAN, Rose Hall - IJISlrtcl 3 X'HN F. UHRIN, Beach IJIS/rtct 6 RUN A. VILLAN(J/;'J/A, AI-Large /iUSEMARY WiLSON, AI-Large J.;l1t'S L. WOOIJ, Lynnhaven -Dislrict 5 CITY COUNCIL AGENDA ('flY MANAGER - JAMES K SPORI: ('ffY AT7VRNEY - UiSUI: L. UUEY ('fJ Y ASSI:SSOR - JI:/iALD RANAGAN ('flY AI II)/TO/i - I.YNIJON S. RRMIAS ('ffY ('UiRK - RI ITH H()f)(i/iS I'RASI:/i, MM(' SEPTEMBER 2, 2008 ]. CITY MANAGER'S BRIEFINGS -Conference Room - A. HOUSING AND NEIGHBORHOOD PRESERVATION Ron Ripley, Chairman, Planning Commission Subcommittee Andrew Friedman, Director, Housing and Neighborhood Preservation B. FOSTER CARE UPDATE Robert Morin, Director, Human Services C. ELIZABETH RIVER WATERSHED RESTORATION and CONSERVATION ACTION PLAN Clay Bernick, Coordinator, Environment Management Center ]1. CITY COUNCIL LIAISON REPORTS III. COUNCIL COMMENTS IV. REVIEW OF AGENDA II I ,II CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE (757) 385-4303 FAX (757) 385-5669 E-MAIL: CtycncJ@vbgov.com 2:00 PM II I " I .1 J. ORDINANCES 1. Ordinances to AMEND the Code: a. ADD Section 21-222 to RE-ESTABLISH and AUTHORIZE the use of Red Light Photo- Monitoring Systems at traffic lights. b. Section 27-5.1 re BURGLAR ALARM PERMIT service charges for third-party alarm companies to notify the Police 2. Ordinances re COMPENSATION: a. City Manager b. City Attorney c. City Clerk d. City Real Estate Assessor 3. Ordinance to GRANT two temporary franchises re an Open Air Cafe for Theme Restaurants, Inc. t/a II Giardino Restorante at 910 Atlantic Avenue 4. Ordinance to DESIGNATE an area between Bonney Road and Interstate 264 as an Economic Redevelopment Area (EDIP) 5. Ordinance to AUTHORIZE a temporary encroachment into portions of the City's right-of-way for RICHARD V. and KRISTEN C. HAMPTON, to construct and maintain a bulkhead, pier and floating dock in Harbor Canal at 2336 Spindrift Road (DISTRICT 5 - L YNNHA VEN) 6. Ordinances to ACCEPT and APPROPRIATE: a. $15,000 GRANT from the Department of Homeland Security to the Fire Department re tactical rescue equipment b. $98,093 GRANT from the Virginia Department of Criminal Justice Services re establishment of a Crisis Intervention Team K. APPOINTMENTS HISTORIC SITES ORGANIZING COMMITTEE HUMAN RIGHTS COMMISSION PARKS AND RECREATION COMMISSION REVIEW AND ALLOCATION COMMITTEE WETLAND'S BOARD WORKFORCE HOUSING ADVISORY COMMITTEE L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT i I I ,I V. INFORMAL SESSION - Conference Room - 3:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Mark Bailey Pastor, Carpenter's House Ministries C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS August 26, 2008 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARING 1. IL GIARDINO RISTORANTE - Open Air Cafe I. CONSENT AGENDA II I Agenda 9/2/08/51 www.vbgov.com I i I iI. Ii ********************************** PUBLIC COMMENTS Non-Agenda Items ********************************** Comprehensive Plan Open Houses September 15, 2008 Tallwood Elementary School District # 1 - Centerville 7:00 - 9:00 PM September 18, 2008 Fairfield Elementary School District #2 - Kempsville 7:00 - 9:00 PM September 22, 2008 Red Mill Elementary School District #7 - Princess Anne 7:00 - 9:00 PM September 29, 2008 Creeds Elementary District #7 - Princess Anne 7:00 - 9:00 PM October 2, 2008 Landstown High School District #7 - Princess Anne 7:00 - 9:00 PM October 6, 2008 Bow Creek Recreation Center District #3 - Rose Hall 7:00 - 9:00 PM District #6 - Beach October 9, 2008 White Oaks Elementary District #3 - Rose Hall 7:00 - 9:00 PM School October 13,2008 Convention Center District #6 - Beach 7:00 - 9:00 PM October 16, 2008 Association for Research & District #5 - Lynnhaven 7:00 - 9:00 PM Enlightenment District #6 - Beach October 20, 2008 Princess Anne High School District #4 Bayside 7:00 - 9:00 PM District #5 - Lynnhaven October 23,2008 Bayside Recreation Center District #4 Bayside 7:00 - 9:00 PM District #5 - Lynnhaven October 27,2008 Cox High School District #5 - Lynnhaven 7:00 - 9:00 PM II I ,i I ,I - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 2. 2008 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING re HOUSING and NEIGHBORHOOD PRESERVATION in the City Council Conference Room, City Hall, on Tuesday, September 2, 2008, at 2:00 P.M Council Members Present: William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Rosemary Wilson and James L. Wood Council Members Absent: Harry E. Diezel [Entered: 2:35 P.M] Ron A. Villanueva [Birth of new daughter] John E. Uhrin [Entered: 2:10 P.M] Mayor Oberndorf ANNOUNCED the birth on August 31,2008, of Councilman and Cathy Villanueva's new daughter, Kate Jolie Caragan Villanueva, 7 pounds 9 ounces. September 2. 2008 II I II I II I, - 2 - MA YOR 'S COMMENTS ITEM # 57966 Mayor Oberndorf referenced the lfh Annual Rock "N" Roll Y2 Marathon held in Virginia Beach on August 31, 2008. The entertainment was magnificent. The 15th Annual Verizon Wireless American Music Festival was also held. There were fourteen (14) stages and over twenty (20) bands. The B-52 's were the feature attraction on August Thirty-first. All attendee comments were very complimentary. The Marathon has signed a contract to extend their participation in Virginia Beach for five (5) years. The Mayor's daughter flew from San Francisco. participated and completed the Marathon. Her older daughter and family came from Charlotte, North Carolina. They also participated, including her granddaughter and grandson. September 2. 2008 I I I II 1:1 I - 3 - CITYMANA GER 'S BRIEFING HOUSING AND NEIGHBORHOOD PRESERVATION 2:00 P.M. ITEM # 57967 Ron Ripley, Chairman, Planning Commission Subcommittee, advised the Housing and Neighborhood Preservation Plan was designed just for the City of Virginia Beach. This is not an "off-the-shelf" plan. This Plan improves neighborhoods thus enhancing their citizens quality of life. Values of homes are increased. Eighty-seven percent (87%) of the tax base is residential. Out of the $55-BILLION Operating Budget, approximately $49-BILLION is residential On September 14, 2005, City Council directed the Planning Commission to study Workforce Housing issues. One portion of the focus was: "Helping to preserve the character and value of neighborhoods and housing and assist in their preservation and enhancement. " In January 2007, the Commission's report on the subject identifiedfive (5) recommendations that needed further study: WORKFORCE HOUSING SUBCOMMITTEE RECOMMENDAITONS 1. Establish tax incentives for owners of existing housing that promote reinvestment 2. Establish guidelines for housing renovation that are tailored to individual neighborhoods 3. Establish a "design center" that provides design and related assistance to owners and builders in order to promote and incentivize renovation that is compatible with existing neighborhood character and design 4. Provide information, guidance and help in obtaining financing and design assistance to residents who wish to renovate their housing 5. Insure that capacity exists to preserve neighborhood quality on an ongoing basis in all neighborhoods - adopt a Comprehensive Neighborhood Revitalization Strategy PRESERVATION SUBCOMMITTEE In January 2008, the Planning Commission appointed its Subcommittee on Preservation to address these recommendations Today's report is the product of this Subcommittee The Subcommittee was appointed by then-Planning Commission Chairman Barry Knight Rosemary Wilson served as Council Liaison Joseph Strange and Henry Livas represented the Planning Commission Ron Ripley served as the Committee Chairman Lanitha Hudson, Department of Housing and Neighborhood Preservation, was the lead staff person A Public Comment meeting was held at Thalia Lynn Baptist Church on July Twenty-second. This report was approved at the Planning Commission. All information was posted on a web page. September 2, 2008 I I I I , - 4 - C IT Y MAN AGE R 'S B R IE FIN G HOUSING AND NEIGHBORHOOD PRESERVATION ITEM # 57967 (Continued) VOLUNTEERS STAFF Dan Baxter Ron Agnor Dan Brockwell Jerry Banagan Claudia CoUon Ron Berkebile Mary Kay Horoszewski Jim Cervera Steve Lawson Phil Davenport Frank McKinney Robert Davis Carolyn McPherson Jasmin Dizon Iva Nash Bill Dore' Victoria Price Barbara Duke Chandler Scarborough Tom Pauls Phil Shucet Sharon Prescott Frank Spadea Lynn Rountree Cheryl Smith Olin Walden Kay Wilson All housing goes through a life cycle. We believe the larger portion of Virginia Beach housing and neighborhoods to be in the "Mature" phase, which means that action should be taken to avoid potential future decline. If these important issues are not addressed now, they will only become more complicated and costly later. Of the 167,000 single-family housing units in Virginia Beach, 44% of them are over 25 years old; 17-20% are in non-standard condition. The Issue With... Minimal amounts of remaining developable land A growing divide between income and housing prices Aging homes and neighborhoods Then... What tools are available to help preserve existing housing for those who live here now? What tools are available to enhance and renew existing housing for those who want to live here later? The Subcommittee's Task Develop a set of recommendations that: Outlines the tvpes of tools that could be made available to promote and provide incentives for voluntary improvement of housing that preserves and enhances quality housing and neighborhood character, as well as affordability Develop a set of recommendations that: Creates a collaborative process that addresses neighborhood preservation and improvement on an ongoing, sustainable basis September 2, 2008 I I I I - 5 - C IT Y MAN AGE R <S B R IE FIN G HOUSING AND NEIGHBORHOOD PRESERVATION ITEM # 57967 (Continued) Vision and Philosophy VISION: Vibrant, well-maintained neighborhoods All residents have the opportunity to obtain desirable, quality, safe and affordable housing All residents enjoy a high quality of life HOUSING PHILOSOPHY: Key Goals of the City are: The preservation of affordability through the preservation and renewal of our existing housing stock The preservation and enhancement of the quality of life in our neighborhoods Principles All programs should be consistent with the Comprehensive Plan "preservinI! and protectinI! the overall character, economic value and aesthetic Qualitv ofthe stable neiI!hborhoods in the Primary Residential Area<< Oualitv in the design, construction and rehabilitation of housing is critical to success Housing and neighborhoods should be available to and desirable for a diverse range of people: Cultures Backgrounds Ages Races Capabilities Life stages Income Diversitv Includes the type, value and design of housing and neighborhoods Helps the City meet its goals for quality physical environment, family and youth opportunities and economic vitality Equal access to housing and neighborhoods is fundamental Ensuring affordabilitv for a wide range of households Public involvement Use ofvoluntarv processes in all aspects of work Foundations To Build On Recommendations proposed here are not the only answers to address aging housing and neighborhoods or the need for preservation efforts There are numerous ongoing services and activities of the City that form the foundation of our quality neighborhoods These Foundational Services should be maintained, leveraged and enhanced, whenever possible: Police Fire EMS Waste Management Storm water Management Code Enforcement Utility Infrastructure Roads Open Space and parks Schools Transportation September 2, 2008 I I I I - 6 - C IT Y MAN AGE R 'S B R IE FIN G HOUSING AND NEIGHBORHOOD PRESERVATION ITEM # 57967 (Continued) Preservation Pays Dividends An economic model was built to estimate the value of investment in housing rehabilitation underourprogram~ This model, using national guidelines, shows that such investment creates large direct and indirect economic benefits to the city and community, even when tax abatements are considered. The cost of allowing neighborhoods to (lecline is far greater than that of encouraging investment Andy Friedman, Director - Housing and Neighborhood Preservation advised the Committee's recommendations fall into the following categories: Financial Resources, Tax Abatement, Preservation Guidelines, aHousing Resource Center, a Collaborative Neighborhood Improvement Process, Community and Citizen Involvement. Currently, a variety of resources exist. These resources should be enhanced and others developed to create a toolbox of options for neighborhoods and homes. Tax Abatement Program The purpose of the Tax Abatement Program is: To encourage significant improvement of eligible homes throughout the City of Virginia Beach Encourage the highest construction quality Maintain the architectural design of the neighborhood (The program would be available for homeowners and investors who remodel according to established guidelines) Preservation Guidelines Guidelines define and provide design ideas that are consistent with neighborhood character and architecture Housing Resource Center A resource center's purpose is to provide access to information and expertise. There are various options to achieve this, including staff expertise, on-line, print materials and an actual Resource Center Collaborative Neighborhood Improvement Process Help neighborhoods achieve their highest potential and become vibrant, well- maintained areas The way to achieve this is through a coordinated, collaborative process that engages: Citizens City Staff Local Businesses and other key stakeholders September 2, 2008 I I I I - 7 - C IT Y MAN AGE R 'S B R IE FIN G HOUSING AND NEIGHBORHOOD PRESERVATION ITEM # 57967 (Continued) Community/Citizen Involvement Early and meaningful involvement of citizens will create a better plan, and lead to more ownership. We can use existing city models ofinvolvement to ensure full participation Value of a Preservation Plan The Plan will benefit Individual Homeowners - with access to information, expertise andfinancial resources to make better decisions Home Remodelers - with guidance and incentives to make improvements consistent with neighborhood character Neighborhood Residents - with well-maintained, renewed structures and infrastructure that maintains neighborhood character City - by ensuring the availability of a wide range of housing and neighborhood choices for a... Community for a Lifetime Next Steps ./ Public Comment opportunity next week (September 9) ./ Resolution directing staff to return with implementation plans based on the proposed timeline (September 23) ./ Implementation planning begins with activities and some proposals for this and future year budgets September 2. 2008 I I I I - 8 - C IT Y MAN AGE R 'S B R IE FIN G FOSTER CARE UPDATE 2:45 P.M. ITEM # 57968 The City Manager advised a Briefing re the "FOR KEEPS INITIATIVE" will be given by First Lady Anne Holton, Governor Kaine's wife, as scheduled for the City Council Session of September 9, 2008. Robert Morin, Director - Human Services, will provide information re the localleve/. Robert Morin, Director - Human Services, introduced Rayshawn Satchell, Social Worker - Human Services, Cassie Stevens, friend of Jessica Boots, foster child, who will relay her story of the system. David Durovy is the ADOPTED dad of Jessica and will be video taping her story to City Co unci/. Sheryl Williams. Division Director - Social Services, will present information re foster care. Sheryl has decrease the number of children in Foster Care by one hundred (100). \"B ~ Virginia Beach Department of Human Services . Serve at-risk individuals in a variety of community settings: [] Individuals with mental illness, substance use disorders, those with intellectual disabilities, those in the criminal justice !)ystem - in jail, detention or Community CorrectionslPre- Trial [] Children and adults who have been abused and/or neglected, those without families, those at-risk [] Individuals needingfinancial assistance, Medicaid, TANF, FAMIS (insurance) Community Partners [] We partner with many state, federal and local agencies, faith-based organizations, others to meet the needs of the community. [] Partnership expectations - a continuous balancing effort... Approximately 34,000 to 40,000 individuals in the community are served by Human Services. Mental Retardation will be renamed Intellectual Disabilities. September 2, 2008 I I I I , - 9 - CITYMANA GER 'S BRIEFING HOUSING AND NEIGHBORHOOD PRESERVATION FOSTER CARE UPDATE ITEM # 57968 (Continued) \' I) S c Ll P.t o All these partners have expectations and requirements... {Largest} Funding source Challenges [] Growing waiting lists [] Downsizing state facilities [] Looming changes to Medicaid [] Mentally III clients incarcerated [] Lack of affordable housing [] Recruitment of foster care providers [] Children aging out of foster care Recent Accomplishments [] Highlights... . Regional Plan for Geropsychiatric Services [] Plan represents over a year of work to identifY the need for a system for care for seniors . CIT (Crisis Intervention Team) [] Forging a new partnership with Police and the SherifJ . Foster Care [] For Keeps Initiative [] Council on Reform (CORE) [] "Together We Can" Foundation [] Congress can improve outcomes for children and youth in foster care. They will... · Promote permanent families for children · Improve outcomes for children and youth September 2, 2008 I I I I , - 10- C IT Y MAN AGE R'S B R IE FIN G HOUSING AND NEIGHBORHOOD PRESERVATION FOSTER CARE UPDATE ITEM # 57968 (Continued) Sheryl William advised due to the "caretaker" responsibilities for the foster care population, a number of efforts are underway. The need for change in Virginia was initiated by First Lady Anne Holton, wife of Governor Kaine, and her "For Keeps Initiative". "For Keeps" is an effort to strengthen the voices of youth in foster care and of foster care parents. Finding permanent families as family connections for children and foster care or at risk of coming into care. 23% of Virginia's children age out of foster care without permanent connections, which is the highest percentage of children in the country. Council on Reform (CORE) Steering Committee consists of representatives from thirteen (13) local Social Services. Office of the First Lady, Department of Health and Human Services, State Department of Social Services, Office of Comprehensive Services, parents, three (3) local Community Policy and Management Team administrators, local community, Community Services Board. League of Social Services and private providers. CORE has been charged with focusing on critical reform areas - establish a state-level practice model focused on family-centered care and permanence that is reinforced by a uniform training program for resource families as well as local staff in DSS and CSA; create and implement a statewide strategy to increase availability and utilization of relative care and non-relative foster and adoptive placements to ensure that children can be placed in the most family-like setting; create a performance monitoring/quality assurance system to identify and measure outcomes. monitor quality of practice and improve accountability. The former Director of Human Services, Terry Jenkins, and citizens of Virginia Beach have formed a Foundation "Together We Can". The First Lady will also come in support of this Foundation. The Mission is to improve the lives andfutures of teens transitioningfrom the foster care system. Goals of the foundation: increase the number of foster care children who complete higher education and/or vocational training opportunities by working with institutions of higher learning, vocational schools and scholarship programs; support the development of employment opportunities for young people aging out by creating partnerships with area businesses and advocating for changes in Medicaid regulations that negative~v incentivize employment; Partner with area providers to develop independent living programs for teen aging out including supervised living programs. Current Foster Care [] Foster Care . Since December 2006 - number of children reduced by 27% (from 371 to 270) . State total - 3.5% . Number of males -144/ females 126 . Race [] 112 African American 41.5% [] 146 Caucasian 54.1% [] 9 Multi-Race 3.3% [] 3 Unknown 1.1% . 107 agency approved foster homes with 118 children placed September 2. 2008 I I I I - 11 - C I T Y MAN AGE R 'S B R IE FIN G HOUSING AND NEIGHBORHOOD PRESERVATION FOSTER CARE UPDATE ITEM # 57968 (Continued) ~ ( 'U r , lS r ( , ,I , rJ Foster Care continues... Children in Foster Care by Age Data IS 018/26108: Total 270 50 100 o 0-5 6-10 11-15 16-21 Age Children in Foster Care by Gender Total 270 Data a. of 8/26/08 Children in Foster Care by Race Total 270 Data as of 8125108 150 C1J Black, White,', 115,43% 142, 52%'. ~~n o Black Muttl- . R 3 · MultI-Race ace, 1 , White 5% 0 100 Female Male Ms. Williams introduced Jessica to relay her story offoster care. Jessica advised she was ten (10) years old when she called to be removed from her own home. She and her siblings were taken away from their biological mother, Within a week, her sister and her were placed in their first Foster Home. The only contact with their mother was periodic visits at the agency. Six (6) months later. she was informed her Mother's rights had been terminated. Her sister and her were placed in different Foster Homes. After six (6) months with her new foster parents, she was informed she was too difficult to handle. After constant moving, she had no real support system with a Social Worker who was uncaring. A new Social Worker, Rayshawn Satchell, provided support. In her last month of High School. a new foster family, Mr. and Mrs. David Durovy, supplied unconditional love. She was adopted by them at the age of twenty (20). Jessica is a Junior at Old Dominion University studying Criminal Justice and Political Science. She plans to attend law school, pass the Bar and become a Criminal Prosecutor. She is employed part time at a restaurant and lives in a home in Norfolk with two (2) room mates she adores. There are two (2) basic emotions: "fear and love". September 2, 2008 I I I I - 12 - C IT Y MAN AGE R 'S B R IE FIN G ELIZABETH RIVER WATERSHED RESTORATION and CONSERVATION ACTION PLAN 3:18 P.M. ITEM # 57969 Clay Bernick. Coordinator Environmental Management Center, provided introductory remarks concerning the Elizabeth River Watershed Restoration and Conservation and Marjorie Mayfield Jackson, Executive Director - Elizabeth River Project provided details relative the DRAFT of the Action Plan. BRIEFING OBJECTIVES J.. The Elizabeth in Virginia Beach J.. City Initiatives and Activities J.. City Coordination with River Partners J.. The Elizabeth River Action Plan J.. Request Council to formally Adopt a Resolution in Support of the Action Plan THE ELIZABETH IN VIRGINIA BEACH J.. Approximately 9,400 acres J.. Less than 5% of City Area J.. Over 20% of City Population J.. 42 Major BMPs (Best Management Practices) J.. Approximately 200 storm water outfalls (more per capita and per acre than the Lynnhaven) J.. Location of some of earliest Historic Sites and activities in the City J.. Water Quality Impairments J.. Aquatic Life - TBT (Tributylstanne), Estuarine Bioassessments, Dissolved Oxygen J.. Recreation - Enterococcus J.. Open-Water Aquatic Life - Dissolved Oxygen J.. Fish Consumption - PCB (Polychlorinated biphenyl) in Fish Tissue CITY INITIA TIVES AND ACTIVITIES J.. Water Quality J.. TMDLs (Total Maximum Daily Load) J.. Clean Waters Task Force J.. Green Ribbon Committee J.. Public Works J.. Storm water Retrofit Projects J.. Storm water Plans J.. Public Utilities J.. Sanitary Sewer System Upgrades J.. Open Space J.. City Scenic Waterway J.. Parks and Recreation J.. Land Acquisition J.. Greenways Planning J.. Planning J.. Chesapeake Bay Gateways Designation J.. Elizabeth River Nature and Canoe Trails J.. Historic Kempsville Plan September 2, 2008 I I I I - 13 - CITYMANA GER 's BRIEFING ELIZABETH RIVER WATERSHED RESTORATION and CONSERVATION ACTION PLAN CITY INITIATIVES AND ACTIVITIES ITEM # 57969 (Continued) A Education and Awareness A Clean Community Commission A Adopt Programs - Waterways, Parks, Others A Public Works A Waterway Markers A Planning A Trail Maps and Guides A Handout Materials A Regulatory Programs A Planning A Wetlands Board A Chesapeake Bay Preservation Area Board A Development Review Process A Public Works A State Storm water Permit CITY COORDINATION WITH RIVER PARTNERS A Federal Government A U.S. Army Corps of Engineers A Environmental Restoration Study A NOAA (National Oceanic and Atmospheric Administration) A Commonwealth of Virginia A DEQ (Department of Environmental Quality) A VMRC (Virginia Marine Resources Center) A VDCR (Virginia Department of Conservation and Recreation) A SHD (State Health Department) A Regional Entities A Hampton Roads Planning District Commission Elizabeth River Steering Committee A HRSD (Hampton Roads Sanitation District) A Port Authority A Watershed Communities A Chesapeake A Norfolk A Portsmouth A Community Organizations A Elizabeth River Project A Action Plan A Wetlands Watch RESOLUTION A Indicate City Support of Action Plan A Commit to Continue Activities with other River Partners A Coordinate Action Plan with City's Plans and Policies A Comprehensive Plan A Outdoors Plan September 2. 2008 I I I I - 14 - C I T Y MAN AGE R 'S B R I E FIN G ELIZABETH RIVER WATERSHED RESTORATION and CONSERVATION ACTION PLAN ITEM # 57969 (Continued) Marjorie Jackson advised re the Elizabeth River Watershed, most of us work or plan on this River. The dominant natural feature uniting four cities: Norfolk, Chesapeake, Portsmouth and Virginia Beach. THE ELIZABETH RIVER PROJECT 15 years of River Restoration Mission: Restore the Elizabeth River to the highest practical level of environmental quality with government, business and community partnerships. WIN-WIN PARTNERSHIPS 1. Established Green Ribbon Committee 2. Conservation of Avalon Woods parcel (13.15 acres) 3. Establishment of Elizabeth River Nature and Canoe Trail 4. Continued participation on the Elizabeth River Steering Committee 5. Partners on the Clean Waters Task Force THIRD REVISED WATERSHED ACTION PLAN Prepared by Watershed Action Team 2008: )- One hundred (100) plus diverse stakeholders )- Council Member Harry Diezel and Clay Bernick, Coordinator, Environmental Management Center )- Consensus: river's worst problems )- Consensus: "affordable, acceptable, effective" solutions VISION ).., Our legacy will be a clean river that is safe for fishing and swimming ).., Teeming with wildlife ).., While sustaining a thriving economy ).., So that our children and grandchildren will know that we had them in mind. Action 1 was cited: The goo must go! Clean up the bottom of the Elizabeth River. Elizabeth River sediment contamination, the highest PAH (Polycyclic aromatic hydrocarbon) levels in the Chesapeake Bay (over 463 times average for the Bay). 2020 GOO GOALS . Make the "mummichog" well again as a symbolfor reducing contamination to non-toxic levels . Reduce mummichog cancer to background levels Action 2: Restore and conserve wetlands, shellfish beds andforested shores September 2, 2008 I I I I - 15 - C IT Y MAN AGE R 'S B R IE FIN G ELIZABETH RIVER WATERSHED RESTORATION and CONSERVATION ACTION PLAN ITEM # 57969 (Continued) HABITAT CHALLENGE Severe habitat loss Loss of 50 percent of tidal wetlands 2020 HABITAT GOALS Net gain in wetlands Retain wetlands despite sea level rise · Increase tree cover 20 percent · Restore native oysters, clams and crabs · Reduce litter HABITAT SOLUTIONS J... New - Work with the cities to plan proactively to limit impacts and reduce causes of sea level rise Action 3: Restore thriving marine life by increasing dissolved oxygen and reducing excess nutrients as well as toxics in the water CLEAN WATER CHALLENGE Fish need dissolved oxygen to breathe Elizabeth - unhealthy levels each Summer · Southern Branch - worse on Bay Excess nutrients /algae - key contributor The Eastern Branch of the Elizabeth River received a score of severely degraded 2020 CLEAN WATER GOAL . Meet federal/state standards and criteria dissolved oxygen, nutrients, toxics Action 4: Make fishing and swimming safe for humans by reducing harmful bacteria to acceptable levels. Safe for human consumption offish and shellfish and safe for human contact. HUMAN HEALTH CHALLENGE · Virginia advises against eating more than 2 meals per month of most fish (PCBs) Polychlorinated biphenyl in Fish Tissue · Swimming not advised due to bacteria, PAH (Polycyclic aromatic hydrocarbon) Clam and oyster harvest banned due to bacteria 2020 GOAL: HUMAN HEALTH . Meet state water quality standards for swimming and commercial harvest of shellfish September 2, 2008 I I I I - 16 - C IT Y MAN AGE R 'S B R IE FIN G ELIZABETH RIVER WATERSHED RESTORA TION and CONSERVATION ACTION PLAN ITEM # 57969 (Continued) HUMAN HEALTH SOLUTIONS . Convene a diverse stakeholder focus session to determine how to reduce contaminated sewage from boaters Is No Discharge Zone appropriate? . Promote state cost-share program to help all marinas build accessible pump out facilities · Clean Marinas · "Scoop the poop" · Total Maximum Daily Load allocations Action 5: Make environmental responsibility the standardfor business and development activities in the Elizabeth River watershed Action 6: Safeguard the river through integrated, protective public policies and regulations PUBLIC POLICY CHALLENGE J.. Inconsistent policies among four cities, state and federal government J.. Policies do not necessarily reflect latest advances 2020 PUBLIC POLICY GOAL . Well-integrated public policies and regulations promote up-to-date environmental protection of the Elizabeth River at the city, state and federal level 2014 PUBLIC POLICY GOAL . Chesapeake, Norfolk, Portsmouth and Virginia Beach adopt consistent, pro-active policies to remove roadblocks and provide incentives for environmentally responsible land- use/conservation. PUBLIC POLICY SOLUTIONS J.. Create a forum for improving the integration and efficiency of environmental policies J.. DONE - Hampton Roads Planning District Commission Elizabeth River Steering Committee J.. Consider enlisting Center for Watershed Protection, or similar group, to provide technical guidance Action 7: Create a river revolution, led by a grassroots citizens of all ages who understand, embrace and promote restoration of the Elizabeth River 2020 EDUCATION GOALS J.. 25,000 individuals participate in web-based menu of stewardship activities J.. All 4 city school systems add Elizabeth River curriculums J.. Virtually all schools are River Star Schools (150, up from 88 now) September 2, 2008 I I ,I I - 17 - C IT Y MAN AGE R 'S B R I E FIN G ELIZABETH RIVER WATERSHED RESTORATION and CONSERVATION ACTION PLAN ITEM # 57969 (Continued) EDUCATION SOLUTIONS ).. Elizabeth River Project and UVA establish the Learning Barge as nation's only floating classroom on a steel barge featuring a "living" wetland The City Council is invited to a Benefit cocktail party to celebrate the new plan on September 27,2008, 7:00 -10:00 P.M. at High Street Ferry Landing THE FISHABLE, SWIMMABLE PLAN: PARTNER ENDORSEMENTS ).. Media event Monday September 15,10:30 A.M. ).. Multiple agency endorsements VIRGINIA BEACH SUPPORT 1. Endorse plan at media event Sept. 15 2. Implement recommendations from Green Ribbon Committee 3. Begin planning for sea level rise 4. Help plan additional wetland restorations and tree conservation projects in Eastern Branch 5. Consistent policies with other cities 6. Storm water improvements/TMDLs Bumper Stickers: "I live in the Elizabeth River Watershed", and pamphlets entitled: "Eastern Branch Elizabeth River Trail" and "Elizabeth River Nature and Canoe Trial" were distributed. September 2, 2008 I I ,', I I - 18 - CITY COUNCIL LIAISON REPORTS 3:45 P.M. ITEM # 57970 Councilman Dyer, Liaison - Clean Community Commission. expressed appreciation to those involved in projects such as the Elizabeth River Watershed Restoration. These individuals are committed to the City, and dedicated volunteers. September 2, 2008 I I I I , - 19 - CITY COUNCIL COMMENTS 3:47 P.M. ITEM # 57971 Mayor Oberndorf advised the City Clerk was called this morning by a Court Reporter who asked for certain spellings in preparing a transcript. The Court Reporter, by the name of "Gretchen ", advised she is transcribing tapes recorded at the two- day City Council Retreat and she needed help with names, et cetera. Neither the City Manager's Office, the City Attorney, the City Clerk nor Media and Communications are aware of any tapes recorded at the Retreat. ITEM # 57972 Councilman Dyer advised a Town Hall Retreat will be held September 11, 2008, at Tal/wood High School. Mayor Oberndorf advised there is a Candidate Forum at the Carolanne Farms Civic League simultaneous with his Town Hall Retreat. Vice Mayor Jones advised the Bayside Recreation meeting is also the same evening at the same time. September 2, 2008 I I - 20 - AGE N DA REV IE W S E S S ION 3:48 P.M. ITEM # 57973 5. Ordinance to A UTHORIZE a temporary encroachment into portions of the City's right-of way for RICHARD V and KRISTEN C. HAMPTON, to construct and maintain a bulkhead, pier andjloating dock in Harbor Canal at 2336 Spindrift Road (DISTRICT 5 - LYNNHA VEN) Mayor Oberndorf referenced correspondence from Virginia Morton, General Manager, Long Bay Point Marina, requested Long Creek and Long Creek Canal be added to the permit being considered for the dredging of Crab Creek. Said letter is hereby made a part of the record. ITEM # 57974 6. Ordinances to ACCEPT and APPROPRIATE: a. $15,000 GRANT from the Department of Homeland Security to the Fire Department re tactical rescue equipment b. $98,093 GRANT from the Virginia Department of Criminal Justice Services re establishment of a Crisis Intervention Team Councilman Wood expressed concern and inquired whether the training could be expanded beyond the Sheriff and Police Department to include Emergency Medical Services and the Fire Department. Susie Walston, Deputy City Manager, advised the Grant is specifically for individuals with mental health issues. The Crisis Intervention Team will train First Responders to effectively deal with situations involving people experiencing a mental health crisis and will link offenders with appropriate treatment and resources in the community. This program is to prevent incarceration. Deputy Chief James A. Cervera, advised twenty-jive (25%) percent of the Police patrol force is to be trained in crisis intervention. An overview can be given to Fire and the Emergency Rescue Service in their Academy sessions, ITEM # 57975 BY CONSENSUS, the following items shall compose the CONSENT A GENDA: \ J. ORDINANCES 1, Ordinances to AMEND the Code: a. ADD Section 21-222 to RE-ESTABLISH and AUTHORIZE the use of Red Light Photo-Monitoring Systems at traffic lights. b. Section 27-5.1 re BURGLAR ALARM PERMIT service charges for third-party alarm companies to notify the Police September 2, 2008 I I I I - 21 - AGE N DA REV IE W S E S S ION ITEM # 57975 (Continued) 2 Ordinances re COMPENSA TION: a. City Manager b City Attorney c. City Clerk d, City Real Estate Assessor 3. Ordinance to GRANT two temporary franchises re an Open A ir Cafe for Theme Restaurants, Inc. t/a II Giardino Restorante at 910 Atlantic Avenue 4. Ordinance to DESIGNATE an area between Bonney Road and Interstate 264 as an Economic Redevelopment Area (EDIP) 5. Ordinance to A UTHORIZE a temporary encroachment into portions of the City's right-ofway for RICHARD V and KRISTEN C. HAMPTON, to construct and maintain a bulkhead, pier andjloating dock in Harbor Canal at 2336 Spindrift Road (DISTRICT 5 - LYNNHA VEN) 6. Ordinances to ACCEPT and APPROPRIATE: a. $15,000 GRANT from the Department of Homeland Security to the Fire Department re tactical rescue equipment b. 8.093 GRANT from the Virginia Department of Criminal Justice Services re establishment of a Crisis Intervention Team Council Members DeSteph and McClanan will vote a VERBAL NAY on Item J.2.a (City Manager- Compensation) September 2, 2008 I I , I I - 22- ITEM # 57976 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)(1) Council Appointments: Boards, Commissions, Committees, Authorities. Agencies and Appointees PUBLIC CONTRACT: discussion of the award of a public contract involving the expenditure of public funds, and discussion of the terms or scope of such contract. where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A) (30) Laskin Gateway status report LEGAL MATTERS: Consultation with legal counselor briefings by staff members. consultants, pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body, or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by SUCH counsel pursuant to Section 2.2-3711 (A)(7). FCC Petition on cell tower siting Upon motion by Council Lady Wilson, seconded by Councilman Uhrin. City Council voted to proceed into CLOSED SESSION at 3:58 P.M. 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, [Birth of daughter] (Break: 4:00 P.M. - 4: 14 P.M.) (Closed Session: 4:14 P.M. - 5: 15 P.M.) (Dinner: 5:15 P.M. - 5:55 P.M.) September 2. 2008 I I - 23 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL September 2, 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, September 2, 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 [Birth of daughter) INVOCA TION: Reverend Mark Bailey Pastor, Carpenter's House Ministries PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial") purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial, and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year. Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10. 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27. 2004, is hereby made a part of the record. September 2, 2008 I I I I I I I - 24- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL (Continued) Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation. the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the :-.pirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004. is hereby made a part of the record. September 2, 2008 II I I I - 25 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 57977 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, 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. Dieze!, 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 September 2, 2008 I I ,', I I 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 #57976, Page 22, and in accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS: Section 22-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOf'Y, 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. ~~ City Clerk September 2, 2008 "I I - 26- Item V-F.] ITEM # 57978 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council APPROVED, AS CORRECTED, the MINUTES of the INFORMAL and FORMAL SESSIONS of August 26,2008: Page 55, Item #57954 "Upon motion by Council Lady Wilson, seconded by Councilman Wood, City Council ADOPTED 1he PLANl'.'ING COMAfISSION'S VERSIOIV ACCEPTED THE PLANNING COMMISSION'S RECOMMENDATION TO DENY: Ordinance to AMEND Appendix F - Chesapeake Bay Preservation Area Ordinance. re inclusion of water surface area of a swimming pool in the calculation of impervious cover Voting: 9-0 Council Members Voting Aye: 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 Abstaining: William R. "Bill" DeSteph, Council Members Absent: Ron A. Villanueva Councilman DeSteph ABSTAINED as he was not in attendance during the City Council Session of August 26, 2008, being out of the City re afamily matter. September 2. 2008 Item V-G.] ADOPTAGENDA FOR FORMAL SESSION BY CONSENSUS, City Council ADOPTED: I I - 27 - ITEM # 57979 AGENDA FOR THE FORMAL SESSION September 2, 2008 I I , - 28 - Item V-G.2. PRESENTATION ITEM # 57980 Mayor Oberndorf RECOGNIZED the following Boy Scouts in attendance to earn their merit badges for commun ications: Boy Scout Troop 441 Sponsored by: Salem Ward Church of The Later Day Saints David Gray Head of Troop Committee Jared Johansen Thomas Doran Mr. Gray advised by the end of this year, these fine young men will have attained their Eagle Scout status. Mayor Oberndorf presented each Student with a City Seal pin. September 2, 2008 ,I I - 29 - Item V-G.3. PRESENTATION ITEM # 57981 Mayor Oberndorf RECOGNIZED the following Students in attendance: Eden Lindeman Samantha Studebaker Samantha and Eden are students in the Advanced Placement Government Class, Ms. Watson's class, Princess Anne High School. Mayor Oberndorf presented each Scout with a City Seal pin. September 2. 2008 I I - 30 - Item V-H.I. PUBLIC HEARING ITEM # 57982 Mayor Oberndorf DECLARED A PUBLIC HEARING: IL GIARDINO RISTORANTE - Open Air Cafe There being no speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING I I , September 2, 2008 I I - 31 - Item V-J. ORDINANCES ITEM # 57983 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items lalbl, 2 alblc/d, 3, 4, 5, 6 albl of the CONSENT AGENDA. Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: Ron A, Villanueva Council Members DeSteph and McClanan voted a VERBAL NAY on Item J.2.a (City Manager's Compensation) September 2, 2008 I I - 32 - Item V-J.l a./b ORDINANCES ITEM # 57984 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinances to AMEND the Code: a. ADD Section 21-222 to RE-ESTABLISH and AUTHORIZE the use of Red Light Photo-Monitoring Systems at traffic lights. b, Section 27-5.1 re BURGLAR ALARM PERMIT service chargesfor third-party alarm companies to notify the Police 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 September 2, 2008 I I 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 37 38 39 40 41 42 43 44 45 46 47 48 AN ORDINANCE TO AMEND THE CITY TRAFFIC CODE BY ADDING SECTION 21- 222 TO AUTHORIZE THE USE OF RED LIGHT PHOTO-MONITORING SYSTEMS SECTION ADDED: S 21-222 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 21-222 of the Code of the City of Virginia Beach, Virginia, is hereby added and ordained to read as follows: Sec. 21-222 Traffic Sianal Enforcement ProQram (a) Establishment. There is hereby established a traffic siqnal enforcement proqram pursuant to and in accordance with Code of Virqinia & 15.2-968.1. The proqram shall include the installation and operation of traffic liqht siqnal violation monitorinq systems in a number up to the maximum number permitted by state law. No traffic liqht siqnal violation monitorinq system shall be operated for enforcement purposes at an intersection until all prerequisites for such operation have been fulfilled. (b) Implementation. The City Manaqer shall (i) have the authority to implement the provisions of this Section. (ij) promulqate the rules and requlations necessary to administer the traffic siqnal enforcement proqram in compliance with all requirements of Code of Virqinia & 15.2-968.1 and this Section. and (iii) be responsible for the compliance of all aspects of the traffic siqnal enforcement proqram with applicable state law. (c) Private contractor. The City may enter into an aqreement with a private entity for the installation and operation of traffic liqht siqnal violation monitorinq systems and related services as permitted by and subiect to the restrictions imposed by Code of Virqinia & 15.2-968.1 (I). (d) Penalties. (1) For failure to comply with traffic liqht siqnal. The operator of a vehicle shall be liable for a monetary penalty of Fifty Dollars ($50.00) if such vehicle is found. as evidenced by information obtained from a traffic liqht siqnal violation monitorinq system. to have failed to comply with a traffic liqht siqnal within the City. Any person found liable under this ordinance may contest the summons as provided by Code of Virqinia &15.2- 968.1. (2) For disclosure of personal information. Any person who discloses personal information collected by a traffic liqht siqnal violation monitorinq system in violation of the provisions of Code of Virqinia & 15.2-968.1 (H) shall be subiect to a civil penalty of One Thousand Dollars ($1,000). I I Adopted by the City Council of the City of Virginia Beach, Virginia, on this 2nd day of September, 2008. I I 1 AN ORDINANCE TO ADD CITY CODE SECTION 27-5.1 2 PERTAINING TO BURGLAR ALARM PERMITS 3 4 SECTION ADDED: ~ 27-5.1 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 9 That Section 27-5.1 of the Code of the City of Virginia Beach, Virginia, is hereby 10 added and ordained to read as follows: 11 12 Sec. 27-5.1. Permits required for alarm systems usinQ third-party alarm 13 companies to notify police. 14 15 @l Permit required: No person shall use an alarm system that relies on a third- 16 party alarm company to notify the Police Department in the event the alarm is activated 17 without first obtaininq a permit to operate such a system from the Police Department. A 18 ten-dollar ($10.00) fee shall be charqed for such a permit. 19 20 fQ.l Application: The permit application shall be submitted by the alarm user on a 21 form obtained from the Police Department. For the purpose of this section. the "alarm 22 user" is any person who is in physical possession of any premises where an installed 23 alarm system is monitored by a third-party alarm company. 24 25 191 Transfer of premises possession: Alarm permits are not transferable. Alarm 26 permits issued by the Police Department shall expire when the alarm user. as identified 27 on the alarm permit application. vacates possession of said premises. Any person in 28 possession of said premises after the expiration of the alarm permit shall be required to 29 obtain a new alarm permit. 30 31 iQ1 Reportinq updated information: Whenever any information provided to the 32 Police Department on the alarm permit application chanqes. the alarm user shall 33 provide the updated information to the Police Department within 30 days. 34 35 M Multiple alarm systems or users: In the event an alarm user has one or more 36 alarm systems protectinq two or more separate structures that have either different 37 addresses or tenants. a separate permit shall be required for each structure and/or 38 tenant. 39 40 ill Notice: 41 1. All third-party alarm companies that notify the Police Department in the 42 event of an alarm activation on behalf of clients/subscribers located in the City, 43 shall provide notice of the requirements of this section to all such 44 clients/subscribers located in the City. 45 ,I I 46 2. After police provide a response to a third-party alarm company's call for 47 service to a location where a person or persons in possession of such property 48 has not obtained the required alarm permit. the Police Department will provide no 49 further responses requested by a third-party alarm company's call for service 50 until the required permit is obtained. 51 52 f9l Effective Dates: 53 1. The provisions of subsections (a) throuqh (e) shall take effect immediately. 54 2. The provision of subsection (f) shall take effect on January 1. 2009. 55 56 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 2nd day of September, 2008. I I - 33 - Item V-J.2.a. ORDINANCES ITEM # 57985 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance re COMPENSATION a. City Manager Voting: 8-2 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones. Mayor Meyera E. Oberndorf. John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan and William R. "Bill" DeSteph Council Members Absent: Ron A. Villanueva September 2, 2008 I I I I 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 AN ORDINANCE PERTAINING TO THE COMPENSATION OF THE CITY MANAGER WHEREAS, City Council has evaluated the performance of the City Manager; and WHEREAS, based upon this evaluation, City Council has determined that an increase in the City Manager's compensation would be appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That effective July 1, 2008, the salary of the City Manager is hereby increased by 2.24% to $219,715.07. 2. That the City's contribution to the City Manager's deferred compensation plan shall remain at $20,500 annually. 3. annually. That the car allowance of the City Manager shall remain at $12,000 4. That the City shall continue to pay up to $2,684 annually on behalf of the City Manager in premiums for long term care insurance. Adopted by the Council of the City of Virginia Beach, Virginia, on the 2nd day of September , 2008. APPROVED AS TO LEGAL SUFFICIENCY: ;e~~ City Attorney's Office CA10818 August 27,2008 R-3 I I - 34 - Item V-J.2b/c/d ORDINANCES ITEM # 57986 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance re COMPENSA TION b. City Attorney c. City Clerk d. City Real Estate Assessor 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 September 2. 2008 I I 'il I il I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 AN ORDINANCE PERTAINING TO THE COMPENSATION OF THE CITY A TIORNEY WHEREAS, City Council has evaluated the performance of the City Attorney; and WHEREAS, based upon this evaluation, City Council has determined that an increase in the City Attorney's compensation would be appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That effective July 1, 2008, the salary of the City Attorney is hereby increased by 2.24% to $208,151.23. 2. That the City's contribution to the City Attorney's deferred compensation plan shall remain at $20,500 annually. 3. That the car allowance of the City Attorney shall remain at $10,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the 2nd day of September , 2008. APPROVED AS TO LEGAL SUFFICIENCY: ~~ City Attorney's oJ- CA10816 August 27,2008 R-4 I I ," I I , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 AN ORDINANCE PERTAINING TO THE COMPENSATION OF THE CITY CLERK WHEREAS, City Council has evaluated the performance of the City Clerk; and WHEREAS, based upon this evaluation, City Council has determined that an increase in the City Clerk's compensation would be appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That effective July 1, 2008, the salary of the City Clerk is hereby increased by 2.24 % to $104,075.74. 2. That the car allowance of the City Clerk shall remain at $10,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the 2nd day of September , 2008. APPROVED AS TO LEGAL SUFFICIENCY: R~ &--- City Attorney's Office CA10817 August 27,2008 R-3 I I 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY REAL 3 ESTATE ASSESSOR 4 5 WHEREAS, City Council has evaluated the performance of the City Real Estate 6 Assessor; and 7 8 WHEREAS, based upon this evaluation, City Council has determined that an 9 increase in the City Real Estate Assessor's compensation would be appropriate. 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 1. That effective July 1, 2008, the salary of the City Real Estate Assessor is 15 hereby increased by 2.24% to $120,683.77. 16 17 Adopted by the Council of the City of Virginia Beach, Virginia, on the ?nn 18 day of September , 2008. APPROVED AS TO LEGAL SUFFICIENCY: ;;!?~ ~ City Attorney's Offic CA10819 August 27,2008 R-3 I I - 35 - Item V-J.3. ORDINANCES ITEM # 57987 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer. City Council ADOPTED: Ordinance to GRANT two temporary franchises re an Open Air Cafe for Theme Restaurants. Inc. t/a II Giardino Restorante at 910 Atlantic Avenue 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 September 2, 2008 I I , 1 AN ORDINANCE GRANTING THEME 2 RESTAURANTS, INC., T/A IL GIARDINO 3 RISTORANTE TWO TEMPORARY 4 FRANCHISE AGREEMENTS FOR AN OPEN 5 AIR CAFE IN THE RESORT AREA 6 7 WHEREAS, by resolution adopted November 15, 1985, City Council authorized 8 the City Manager to promulgate Open Air Cafe Regulations, which have been amended 9 from time to time ("Regulations"), for the operation of open air cafes on public property; 10 and 11 12 WHEREAS, on April 30, 2004, Theme Restaurants, Inc., Va II Giardino 13 Ristorante ("II Giardino"), was granted two franchise agreements for (1) an Atlantic 14 Avenue side walk open air cafe; and (2) an Atlantic Avenue side street open air cafe, 15 located at 910 Atlantic Avenue (collectively, "franchise agreements"); and 16 17 WHEREAS, the franchise agreements expired in 2005 and were not renewed by 18 the City because the cafe did not comply with the Regulations; and 19 20 WHEREAS, II Giardino does not have current franchise agreements, but has 21 continued to operate its open air cafe in the City right-of-way from 2005 through the 22 present; and 23 24 WHEREAS, II Giardino has, however, paid to the City the required franchise fees 25 for the period during which it has operated without franchise agreements; and 26 27 WHEREAS, in an effort to bring II Giardino into compliance with the Regulations 28 while keeping the cafe open to customers, the Convention and Visitors Bureau has 29 proposed to grant II Giardino two short-term franchise agreements until December 31, 30 2008; and 31 32 WHEREAS, the franchise agreements provide that by December 31, 2008, II 33 Giardino will remove its existing cafe structure and that any new structure constructed 34 by II Giardino will fully comply with the Regulations; and 35 36 WHEREAS, the franchise agreements further provide that if the cafe is not in 37 compliance with the Regulations by December 31, 2008, the City will (1) remove the 38 nonconforming structure and have the right to obtain reimbursement for the costs 39 associated with such removal from II Giardino; (2) retain all compliance and 40 enforcement rights set forth in the franchise agreements; and (3) refuse to award II 41 Giardino any new franchise agreements in the future until the cafe structure complies 42 with the Regulations; and 43 44 WHEREAS, the Convention and Visitors Bureau recommends that the above- 45 named entity be granted two temporary open air cafe franchise agreements. 46 47 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 48 VIRGINIA BEACH: 49 I I 50 That the City Council hereby grants two temporary franchise agreements to 51 Theme Restaurants, Inc., t/a II Giardino Ristorante, subject to the terms and conditions 52 of the franchise agreements and all ordinances, resolutions, and regulations applicable 53 to open air cafes. 54 55 Adopted by the City Council of Virginia Beach, Virginia on this 2nd day of 56 September, 2008. Approved as to Legal Sufficiency: ~=~ CA10734 R-4 August 20, 2008 I I , - 36 - Item V-J.4. ORDINANCES ITEM # 57988 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer. City Council ADOPTED: Ordinance to DESIGNATE an area between Bonney Road and Interstate 264 as an Economic Redevelopment Area (EDIP) 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 September 2, 2008 I I 1 AN ORDINANCE TO DESIGNATE AN AREA 2 BETWEEN BONNEY ROAD AND INTERSTATE 264 3 AS AN ECONOMIC REDEVELOPMENT AREA 4 5 WHEREAS, under the City's Economic Development Investment Program (the 6 "EDIP"), the City of Virginia Beach Development Authority (the "Authority") may 7 authorize EDIP grants for projects in Economic Redevelopment Areas as defined in the 8 EDIP Policy. 9 10 WHEREAS, under the provisions of the EDIP policy, the Directors of Economic 11 Development and Planning have reviewed area between Bonney Road and Interstate 12 264 in the Lynnhaven District, as depicted on the attached map as "Proposed Economic 13 Redevelopment Area" and find that it is a former greyfield site previously used as a 14 trash transfer station and animal control storage yard and meets the criteria and 15 recommends the area be designated an Economic Redevelopment Area. 16 17 WHEREAS, the Authority desires to award EDIP funds to a project within the 18 Convergence Center Office Park, which is located within the proposed Economic 19 Redevelopment Area; however, designation of the area as an Economic 20 Redevelopment Area is necessary to complete the award. 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 The area between Bonney Road and Interstate 264 in the Lynnhaven District, 26 identified as "Proposed Economic Redevelopment Area" on Exhibit A, attached hereto 27 and incorporated herein, is hereby designated as an Economic Redevelopment Area. 28 29 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2nd 30 day of sopteIRb~r> 2008. 31 32 33 1 I I , APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: -'/) / ,/'. " //// De~~m~tcl E;:~~~~~~:~ C:'- // ,/ /. ...... ... City Attorney's Office APPROVED AS TO CONTENT: CA-10753 V. lapplicationslcitylawprodlcycom3 21 WpdocsID020IP004100065173 .DOC 9/2/08 2 u ..... ~E-< OZ Zt:-'l ~ 4!l:... 0 Q., ~ ~UOt:-'l t:-'l...:l~ 4!l:... ~ t:-'l ~ ~t:-'l~ OOt:-'l O~ Q.,t:-'l O~ ~ Q., I ,I - 37 - Item V-J. 5 ORDINANCES ITEM # 57989 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AUTHORIZE a temporary encroachment into portions of the City's right-ofway for RICHARD V. and KRISTEN C. HAMPTON, to construct and maintain a bulkhead, pier and floating dock in Harbor Canal at 2336 Spindrift Road (DISTRICT 5 - LYNNHA VEN) The following conditions shall be required: 1. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval, providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity. and Grantee shall bear all costs and expenses of such removal. 2. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee: that within thirty (30) days after the notice is given. the Temporary Encroachment must be removed from the Encroachment Area by the Grantee: and, that the Grantee will bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless and defend the City, its agents and employees, from and against all claims, damages. losses and expenses. including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction. location or existence of the Temporary Encroachment. 4. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein. nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 5. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 6. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction with the Encroachment Area (the "Permit 'j. September 2, 2008 I ,I - 38 - Item V-I.5 ORDINANCES ITEM # 57989 (Continued) 7. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of or material change to. any of the insurance policies. The Grantee assumes all responsibilities and liabilities. vested or contingent, with relation to the construction, location and/or existence of the Temporary Encroachment. 8. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements as established by the City. 9. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted. may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and, pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 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 September 2, 2008 II 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS HARBOR 7 CANAL, LOCATED AT THE REAR OF 8 2336 SPINDRIFT ROAD BY RICHARD 9 V. HAMPTON AND KRISTEN C. 10 HAMPTON,TRUSTEES 11 12 WHEREAS, Richard V. Hampton and Kristen C. Hampton, Trustees, desire to 13 construct and maintain a bulkhead, an 8' X 8' timber pier, and an 8' X 40' floating dock 14 upon a portion of City property know as Harbor Canal, located at the rear of 2236 15 Spindrift Road, in the City of Virginia Beach, Virginia (the "Property"). 16 17 WHEREAS, the Property is owned by Richard V. Hampton, Trustee, under The 18 Richard V. Hampton Revocable Living Trust, dated December 21, 2006, unrecorded, 19 one-half interest, and by Kristen C. Hampton, Trustee, under the Kristen C. Hampton 20 Revocable Living Trust, dated December 21, 2006, unrecorded, one-half interest. 21 22 WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2-2107, 23 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 24 City's property subject to such terms and conditions as Council may prescribe. 25 26 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 That pursuant to the authority and to the extent thereof contained in 99 15.2- 29 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Richard V. Hampton and 30 Kristen C. Hampton, Trustees, their heirs, assigns and successors in title are authorized 31 to construct and maintain temporary encroachments for a bulkhead, an 8' X 8' timber 32 pier, and an 8' X 40' floating dock upon a portion of City property as shown on the map 33 marked Exhibit "A" and entitled: "ENCROACHMENT OF LOT 229 SUBDIVISION OF 34 BAY ISLAND LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA FOR RICHARD 35 V. HAMPTON," a copy of which is on file in the Department of Public Works and to 36 which reference is made for a more particular description; and 37 38 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 39 subject to those terms, conditions and criteria contained in the Agreement between the 40 City of Virginia Beach and Richard V. Hampton and Kristen C. Hampton, Trustees (the 41 "Agreement"), which is attached hereto and incorporated by reference; and 42 43 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 44 is hereby authorized to execute the Agreement; and 45 I I 46 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 47 time as Richard V. Hampton and Kristen C. Hampton, Trustees, and the City Manager 48 or his authorized designee execute the Agreement. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2nd day 51 of September ,2008. CA-10584 X:IOIOlREAl ESTATElEncroachmentslPW OrdlnanceslCA10584 Hampton Ordiance.doc V:lapplicetionslcitylawprodlcycom32IWpdocs\0006\POO3100059058.DOC R-1 PREPARED: 8/6/08 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~tm(~ C. ~6f') ~ L1C WORKS, REAL ESTATE /fu,Q:LJw, 'f'(Iul (ill ~~ CITY A TIORNEY II I PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) ,~ ~ THIS AGREEMENT, made this r. day of ~(}~ ,2008, by and between the CITY OF VIRGINIA BEACH, VI RGINIA, a municipal corporation of the ., Commonwealth of Virginia, Grantor, "City", and RICHARD V. HAMPTON, Trustee, under The Richard V. Hampton Revocable Living Trust, dated December 21, 2006, unrecorded, (1/2 INTEREST), and KRISTEN C. HAMPTON, Trustee, under The Kristen C. Hampton Revocable Living Trust, dated December 21, 2006, unrecorded, (1/2 INTEREST), THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Site Number "229" as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION TWO PRINCESS ANNE CO. VA. l YNNHAVEN MAGISTERIAL DISTRICT", and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 48, at page 15, and being further designated, known, and described as 2336 Spindrift Road, Virginia Beach, Virginia 23451; GPIN: (CITY Property - NO GPIN REQUIRED OR ASSIGNED) 1499-99-8723-0000 II I I ,I I WHEREAS, it is proposed by the Grantee to construct and maintain a bulkhead, an 8' X 8' timber pier, and an 8' X 40' floating dock, collectively, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing ~ City property known as Harbor Canal, located at the rear of 2336 Spindrift Road, Virginia Beach, Virginia, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "ENCROACHMENT OF LOT 229 SUBDIVISION OF BAY ISLAND L YNNHA VEN BOROUGH - VIRGINIA BEACH, VIRGINIA FOR RICHARD V. HAMPTON," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 II I Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood a nd agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction with the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is 3 I I I ,I deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 4 II I IN WITNESS WHEREOF, Richard V. Hampton, Trustee, under The Richard V. Hampton Revocable Living Trust, dated December 21, 2006, unrecorded, and Kristen C. Hampton, Trustee, under The Kristen C. Hampton Revocable Living Trust, dated December 21, 2006, unrecorded, the said Grantee, have caused this Agreement to be executed by their signatures pursuant to due authority. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 II I I ,I " CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,2008, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2008, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Public (SEAL) Notary Registration Number: My Commission Expires: 6 'I I I ,I i ichard V. Hampton, Tr tee, under The Richard V. Hampton Revocable Living Trust, dated December 21, 2006, unrecorded ~IIMf~[) isten C. Hamp n, Trustee, under The Kristen C. Hampton Revocable Living Trust, dated December 21, 2006, unrecorded STATE OF fL CITY/COUNTY OF ~1()1c( ocuh ,to-wit: The foregoing instrument was acknowledged before me this I . J1.. I day of J 1.4'1 , 2008, by Richard V. Hampton, Trustee, under The Richard V. Hampton Revocable Living Trust, dated December 21, 2006, unrecorded, and Kristen C. Hampton, Trustee, under The Kristen C. Hampton Revocable Living Trust, dated December 21,2006, unrecorded. L 'I; ~ (SEAL) Notary Public Notary Registration Number: :3 2 ft,097 My Commission Expires: fro' 19-, 20 1/ - .- - - .-.- - - - PATRICIA L. HEYL Notary Public Commonwealth of Virginia 326097 My Commission Expires Feb 28. 2011 ...... 7 II I -lif~ C. d(,tU9'>\ S NATURE riD / kfAI ESWl. DEPARTMENT 0> A PPROVED AS TO LEGAL 5 UFFICIENCY AND FORM (( ~ , I Wt1jud, Sf''' ,2 ((4IJJ APPROVED AS TO CONTENTS G:\USERS\SHARED\WPBO\RE\Real Estate Forms\WORD DOCS\ENCROACHMENTS\ENCROACHMENT.AGREEMENT.doc 8 ",-~y~ I _ /11: ---- A~'~ -"'" .. ~ '. \\\~"tr ' _-..;...'!:-~r'$-!--- I I WOOl! ef)NqI I . 8U/.XHtAD #t:40lll\l.L. . 2.,'01{ I I I I : I I '~..J \ \ ..t......l · I I"'. I \ ,....."... I I I I I I 1'3:~ I I. \ I 228 \~ '01 lio,QI CD'''''~' 1 \~\-\ I:Z:~ I \ \ \ I I Jr< I ' ,/ ~ \ I \ , I I I \ ' I I I I I I ' : I I 11' -1s' s'\- I I I I I I ' I ' LPJN(F)1 I 17~ 'RO/'.(R UN€.. J%D'AM'flilt( ~ orIS ~Od ':.t .,.: '-BRJCK 36.7 CHIJINE'r 1-STY BRICK D'!jEUlNG 1f~JJ6 61.7' \ ....... ,." Stf&f!J1ffD~/ .. !f!t!?.$~ ..-:-:.~~ 8' ..,....._' 1.\F"' : n!ff!cAL .../ . .' 1~ iJil~ ...t... ~-t~30 \ I I 17.4'-\ , , \ , \ I I \ , , t.J'IN(F) Oq g 2.8.;)' @ t... ~ 155.00' S 86"#'17. W SPINDRIFT ROAD (50' R/fY) Adjacent property Owners: 1. Brian Murray 2369 Spindrift Road 2. D. Vartabedian 2332 Spindrift Road ENCROACHMENT OF LOT'229 ,. SU.BD.MSIQli OE.. . .BA Y ISLAND E' -' 0' 10' =r 25' LYNNHAVEN BORQUGI1 - VlRG1HIA BEACH, VIRGINIA FOR R\CHARO V, HAMPTON =:3 50' 75' 100' +~ ~ E ~ ~ ii~ \ o Q.. -0- u.. c::. (/) ~o ~ ~~c(.~ ~ G.U1';t.g~ ~ c(.aU1Y-~ -~ c::. U1 ~ \-' 0') ~ fI//fia en u.. c::J) g- ~it.~~<h ~ g'iStO~ \, ~U.\O~-r- % O~~Q..~ ~ O ~ c(. (/)..... () ~O .~9ft ~ c(."'~v ~ OO~ -8 ~~ ~- Y-c(. )(. O~ ~O ~~ \ ~ :i ~ m G :1 I I ,I - 39 - Item V-J 6.aIb ORDINANCES ITEM # 57990 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinances to ACCEPT and APPROPRIATE: a. $15,000 GRANT from the Department of Homeland Security to the Fire Department re tactical rescue equipment b. $98.093 GRANT from the Virginia Department of Criminal Justice Services re establishment of a Crisis Intervention Team 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 September 2.2008 II I I ,I , 1 AN ORDINANCE TO ACCEPT FUNDING FROM THE 2 DEPARTMENT OF HOMELAND SECURITY TO THE 3 FIRE DEPARTMENT FOR TACTICAL RESCUE 4 EQUIPMENT FOR THE TIDEWATER REGIONAL 5 TECHNICAL RESCUE TEAM 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 1) Estimated federal revenues for tactical rescue equipment costs for the 11 Tidewater Regional Technical Rescue Team from the U.S. Department of 12 Homeland Security via the Virginia Department of Emergency Management 13 are hereby increased by $15,000. 14 15 2) Appropriations to the FY 2008-09 Operating Budget of the Fire Department 16 for tactical rescue equipment costs associated with the Tidewater Regional 17 Technical Rescue Team are increased by $15,000. Adopted by the Council of the City of Virginia Beach, Virginia on the 2nd day of September ' 2008. Adoption requires an affirmative vote by a majority of a/l members of the City Council. Approved as to Content: .[\ <~ ~ ~ JJ Q/V\f~ - , Management Services Approved as to Legal Sufficiency: R~~ City Attorney's Office -y; CA 10846 R-1 August 18, 2008 II I I II I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 AN ORDINANCE TO ACCEPT GRANT FUNDING FROM THE VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES TO ESTABLISH A CRISIS INTERVENTION TEAM BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $98,093 in federal pass-through funding from the Virginia Department of Criminal Justice Services is hereby accepted and appropriated to the Police Department's FY 2008-09 Operating Budget, with revenue from the federal government increased accordingly. 2. That the required match is hereby transferred to the Police Department's FY 2008-09 Operating Budget as follows: a. $10,889 within the Police Department; b. $10,889 from the Department of Human Services; c. $10,889 from the Sheriff's Department. Adopted by the Council of the City of Virginia Beach, Virginia on the 2nd day of September ' 2008. Requires an affirmative vote by a majority of the members of City Council. Approved as to Content: Approved as to Legal Sufficiency: B~~, ~~ City Attorney's Office ~ CA 10850 R-2 August22,2008 II I Item V.K..1. APPOINTMENTS - 40 - ITEM #57991 BY CONSENSUS, City Council RESCHEDULED thefollowing APPOINTMENTS: HISTORIC SITES ORGANIZING COMMITTEE PARKS AND RECREATION COMMISSION REVIEW AND ALLOCATION COMMITTEE WETLAND'S BOARD WORKFORCE HOUSING ADVISORY COMMITTEE I ,I September 2, 2008 II I I ,I , - 41 - Item V.K..2. APPOINTMENTS ITEM #57992 Upon NOMINATION by Vice Mayor Jones. City Council APPOINTED: James E. Parke Unexpired 9/1/08 -3/31/11 HUMAN RIGHTS COMMISSION Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel. Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin. Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva September 2, 2008 I I I ,I , - 42 - Item V-N.1. ADJOURNMENT ITEM # 57993 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:12 P.M. q{:f;!o:;;/r;;~b/ Chief Deputy City Clerk ~~~ City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia The Public Comment re Non Agenda Item adjourned at 6:22 P.M. September 2. 2008 II I - 42 - Item V-N.1. ADJOURNMENT ITEM # 57993 . I ,I i Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:12P.M. _~___tZ__~_~A.J Beverly 0. Hooks, CMC Chief Deputy City Clerk ~,~~D Z;;J;~-l-;;b;:dorf Mayor - -- - ~ uth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia The Public Comment re Non Agenda Item adjourned at 6:22 P.M. September 2, 2008 II I I ,I - 43 - PUBLIC COMMENT Willis Harold, 4821 Dolton Drive, Phone: 499-4867, referenced opposition to the homes being built by Mr. Davis. The developer is building homes on the wetlands next to his home. Mr. Harold has lived at this location for forty-five (45) years. Mr. Harold retiredfrom the Virginia Beach Fire Department after thirty (30) years. These homes are being built ten (10) feet apart. The developer took down his fence, dug up his driveway, also dug up his copper pipes. The developer advised he had permission to do this. "Cornerstone" is the name of the development, which is located near the Kempsville Fire Department. Councilman Diezel and the City Manager will review the site. September 2, 2008