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Home My WebLink AboutOCTOBER 7, 2008 MINUTES II I II III CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL M4YOR MEYERA E. OBERNDORf~ At-Large I"CE MAYOR LOU/S R. JONES, Bays/de - District 4 HlI.LlAM R. DeS7hPH. At-Large fl,4RRY E DIEZEI., Kempsville - District 2 N' JBERT M. DYER" Centerwlle - District I liARBARA M. HENI.EY, Princess Anne District 7 /lFBA S. McCLANAN, RO.,e Hall - District 3 .JOHN E. UHRiN, Beach District 6 liON A. VILLANUliVA, At-Large 1I0ShMARY WILSON, At-Large .fAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA cny MANAGER - JAMES K. SPORE cn Y A7TORNEY - LE!:>"LIE L. LILLEY Cf1Y ASSESSOR - JHRALD BANAGAN CI/Y AUDlTOR - f.YNDON S. REMIAS ('Ii Y ('LERK - RUTH HODGES FRASHR, MMC 7 OCTOBER 2008 I. CITY MANAGER'S BRIEFINGS "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 -Conference Room - A. COMMUNITY LEGISLATIVE AGENDA Robert R. Mathias, Assistant to the City Manager B. WORKFORCE HOUSING BOARD RECOMMENDATIONS Andrew Friedman, Director, Housing and Neighborhood Preservation C. DRAGAS GRANT FOR HOMELESS FAMILIES Andrew Friedman, Director, Housing and Neighborhood Preservation H. CITY COUNCIL LIAISON REPORTS Ill. COUNCIL COMMENTS IV. REVIEW OF AGENDA V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 1 :30 PM 3:30 PM I II II ,II I VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Mr. Thomas McFeely Deacon, Church of the Ascension 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 September 23,2008 G. AGENDA FOR FORMAL SESSION H. PRESENTATIONS A. OCEANA MISSION AND ACTIVITIES Captain Mark Hunter, Commanding Officer, Oceana Naval Air Station B. PRINCESS ANNE ATHLETIC DEVELOPMENT Cindy Curtis, Director, Parks and Recreation I. PUBLIC HEARINGS 1. Lease of City-owned property at 3rd Street and Atlantic Avenue 2. INSTALLMENT PURCHASE AGREEMENT Acquisition of Agricultural Land Preservation (ARP) Easement-3416 Head River Road 3. DEPARTMENT OF JUSTICE-BYRNE MEMORIAL ASSISTANCE GRANT Allocation re law enforcement/criminal processing projects J. CONSENT AGENDA I II II ,II I K. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE the City Manager to execute a Short Term Lease with Dolphin Run Condominium Association, Inc., re City-owned property at 3rd Street and Atlantic Avenue. 2. Resolution to AUTHORIZE the issuance of General Obligation School Bonds in the maximum amount of $7.5 Million to be sold re The Virginia Public School Authority. 3. Ordinance to AUTHORIZE the City Manager to execute an Installment Purchase Agreement with Barry D. Knight re an Agricultural Land Preservation (ARP) easement on 3416 Head of River Road. 4. Resolution to REFER to the Planning Commission an Ordinance amending g211 of the City Zoning Ordinance (CZO) re temporary signs. 5. Resolution to ACKNOWLEDGE Virginia GED Week and Virginia GED Day re a stronge alignment of quality education, workforce development and economic development. 6. Resolutions to APPOINT: a. Natalie Mann as Assistant City Attorney b. Rachel Allen as Associate City Attorney. 7. Ordinances to AUTHORIZE temporary encroachments into portions of the City's rights- of-way: a. DA VID B. and ANDREA C. PALMISANO to construct and maintain a boatlift and a timber pier at 2436 Entrada Drive (DISTRICT 5 - PRINCESS ANNE) b. DONALD R. JR. and LINDA J. ARGUS to construct and maintain a bulkhead, two (2) returns and a dock at 2249 Widgeon Lane (DISTRICT 7 - PRINCESS ANNE) I 11I1 8. Ordinance to ACCEPT and APPROPRIATE $25,800 from the Department of Homeland Security, sub-granted from the City of Portsmouth, to the Fire Department re hazardous materials response equipment. 9. Ordinance to APPROPRIATE $77,000 from the General Fund balance to the Kempsville V olunteer Rescue Squad re an interest free loan to purchase a replacement ambulance. 10. Ordinance to TRANSFER funds and APPROVE two (2) full-time, City-funded positions re Commonwealth's Attorney Office re domestic violence. L. APPOINTMENTS HISTORIC PRESERVATION COMMISSION P ARKS AND RECREATION COMMISSION RESORT ADVISORY COMMISSION REVIEW AND ALLOCATION COMMITTEE TIDEWATER REGIONAL GROUP HOME COMMISSION WORKFORCE HOUSING ADVISORY COMMITTEE M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ********************************** PUBLIC COMMENTS Non-Agenda Items ********************************** I II 1.1 Comprehensive Plan Open Houses I October 9, 2008 White Oaks Elementary School District #3 - Rose Hall 7:00 - 9:00 PM 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 En Iightenment District #6 - Beach , October 20, 2008 Princess Anne High School District #4 Bayside I 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 ********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** :,genda 10/7/08 ath vww. vbgov.com , I, I II 1.1 - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia October 7, 2008 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING re the COMMUNITY LEGISLATIVE AGENDA in the City Council Conference Room, City Hall, on Tuesday, October 7, 2008, at 1:30 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, James L. Wood Council Members Absent: John E. Uhrin [Entered: 1:40 PM] Ron A. Villanueva [Entered: 2:007 P.M] Rosemary Wilson [Business appointment, Entered: 2:50 P.M October 7, 2008 I II II III I - 2 - MA YOR 'S COMMENTS ITEM # 58074 Mayor Oberndorf congratulated Council Lady Henley on the birth of her new grandson, Gavin Winston Henley. ITEM # 58075 Steve Herbert, Deputy City Manager, introduced David Trimmer, who has been named the Director of the Department of Agriculture, effective October 1, 2008. Mr. Trimmer comes to the City with more than twenty (20) years of experience in management and business development. His professional background includes senior level positions with companies such as Smithfield Foods, Parkerland Packing and Sun Land Beef Company. Most recently, he served as Vice President of Sales for Triad Foods Group in Phoenix, Arizona. He brings strong credentials in the agricultural business and a history of successful private sector business developments that will be valuable for Virginia Beach in the years to come. Mr. Trimmer received a Bachelor of Science Degree in Accountingfrom West Virginia University in 1983 and a Master of Business Administration Degreefrom the University of Richmond in 1992. Council Lady Henley advised Marcy Sims - Director of Libraries, brought her the journals of Mr. Osland, the Extension Agent in the early part of the Century. These journals contain in his daily work effort. October 7, 2008 I III II - 3 - C IT Y MANA G E R 'S B R IE FIN G COMMUNITY LEGISLATIVE AGENDA 1:30 P.M. ITEM # 58076 III I The City Manger advised the funding for the Virginia Tourism Corporation, on Page 33, was the only new item added to the Community Legislative Agenda. This was by request of Councilman Uhrin. Robert Matthias, Assistant to the City Manager, distributed the Third DRAFT of the Community Legislative Agenda. 2009 COMMUNITY LEGISLATIVE AGENDA CITY OF VIRGINIA BEACH TABLE OF CONTENTS T ABLE OF CONTENTS - PREFACE - CITY OF VIRGINIA BEACH 2009 REQUESTED CODE OF VIRGINIA CHANGES - 1. Arrest or Issuance of a Summons by an Officer on Observations of a Different Officer 2. Authorization for an Officer Other than the Arresting Officer to Obtain a Warrant in DUI Cases Based on the Arresting Officer's Observations 3. DUI Cost Recovery Program 4. Required Crash Reports 5. Energy Conservation 6. CSA Administrative Allocation 7. Loss of Medicaid Eligibility for Teens in Foster Care with Earned Income 8. Weapons in Public Buildings 11-12 9. Allow VRS to Administer the Other Post Employee Benefits (OPEB) Trust 10. Automatic Enrollment for New Employees into the City's Deferred Compensation Program 11. Do Not Refund Employer Paid Contributions 12. Job-Related Disability Retirement: Alternative Eligibility Guidelines 13. Retirement Benefits for Involuntary Separation 14. Four Year State Supported College in Virginia Beach 15. Capture of Sales Tax from Tourism Related Venue 16. Assessment for Courthouse Construction, Renovation or Maintenance 17. Definition of Firearms 18. Smoke Free Restaurants 19. Tree Protection Legislative Authority for Virginia Beach to Enable Us to Move Forward on Accomplishing Green Ribbon Committee Recommendations, and to Continue to Ramp Up Our Sustainability/Go Green VA Initiatives 20. Expansion of the Virginia Human Rights Act Page # 1-2 3-4 5-26 5-6 6-8 8-9 9 10 10 11 12 12-13 13-14 14-15 16-18 19 19 20 21-24 25 25-26 26 October 7, 2008 I II II III I - 4 - C IT Y MANA G E R 'S B R IE FIN G COMMUNITY LEGISLATIVE AGENDA ITEM # 58076 (Continued) Page # CITY OF VIRGINIA BEACH FUNDING ITEMS - 27-33 1. Virginia Aquarium & Marine Science Center-Ocean in Motion Aquarium Truck 2. Support for Regional Plan for Geropsychiatric Services 3. Support for Additional State General Fund Dollars for Mental Health and Mental Retardation 4. Funding for Public Health Services 5. Virginia Beach Convention Center Funding 6. Sandler Center for the Performing Arts 7. Funding For the Virginia Tourism Corporation 8. Support For Increased Funding For the Governor's Opportunity Fund 27-28 29-30 30 31 31-32 32-33 33 34 Councilman Wood advised the swimming pool issue - Chesapeake Bay Preservation Area Board - was not contained within the Agenda (revise the Chesapeake Bay Act to consider swimming pools, ponds, BMP's (Best Management Practices) to be considered as non impervious areas. Robert Matthias, Assistant to the City Manager, advised the City Staff requested this not be an item, as they believe it will be handled administratively. Councilman DeSteph referenced the sarcastic terminology in the Preface. Councilman DeSteph also advised the he found three (3) new issues on the Agenda. Mr. Matthias advised the three (3) new items were "Capture of Sales Tax from Tourism Related Venue ", "Tree Protection" and Legislative Authority for Virginia Beach to Enable Us to Move Forward on accomplishing Green Ribbon Committee Recommendations to Continue to Ramp Up Our Sustainability/Go Green Virginia Initiatives and Fundingfor the Virginia Tourism Corporation. Councilman Diezel recommended deletion of Items 10, 11 and 12 to allow City Council time for discussion and to consider the ramifications and expense of a compensation package as it will probably change for future employees. City Council should schedule a workshop for this discussion. Mr. Matthias advised there are actually twenty (20) items, not twenty-one (21). The automatic numbering system failed. Councilman DeSteph believes Items 10 and 11 should be removed as it isforcing the employees to take a benefit. Councilman DeSteph requested clarification on 12 - Job Related Disability Retirement. Council Lady Henley referenced proposed items of the Farm Bureau, and if there are items which seem to merit inclusion, she would like to bring these forward as part of the Community Legislative Agenda. The City Attorney advised the statutory corrections in the package are accurate. The City Manager, City Attorney, and Robert Matthias will confer with City Council and rephrase this item.. Discussion of these Community Legislative items shall occur on the City Council Workshop of October 21, 2008, which will commence at 3:00 P.M The City Council vote could be scheduled for October 28, 2008. Councilman DeSteph advised he did not mind rewriting the Preface so as not to be as offensive language.. October 7, 2008 1 II i II .II I - 5 - C IT Y MANA G E R 's B R IE FIN G WORKFORCE HOUSING BOARD RECOMMENDATIONS ITEM # 58077 2:07 P.M. Andrew Friedman, Director - Housing and Neighborhood Preservation presented the Final Program Recommendations of the Worliforce Housing Advisory Board. Mr. Friedman acknowledged the Worliforce Housing Advisory Board Members John Olivieri, Chair Tim McCarthy, Vice-Chair Dan Baxter Henry Boyd Cheryl Davidson Mary Kay Horoszewski Bob Miller Ron Ripley Richard Thurmond Gerrie West William Adam White Council Liaisons Rosemary Wilson Bob Dyer City Attorney's Office Deputy City Attorney William Macali Associate City Attorney Alexander W. Stiles Deputy City Attorney Rebecca Kubin Virginia Beach Community Development Corporation (VBCDC) Staff Jessica Guglielmo Sharon Shoff City Staff Cheryl Smith, Workforce Housing Coordinator Sharon Prescott, Housing Development Administrator Stephen White, Planner October 7, 2008 I I III II III I - 6 - C IT Y MANA G E R 'S B R IE FIN G WORKFORCE HOUSING BOARD RECOMMENDATIONS ITEM # 58077 (Continued) Tim McCarthy, Vice Chair - Worliforce Housing Advisory Board, expressed appreciation for serving on this Board. Mr. McCarthy endorses the Workforce Housing Program. On August 28, 2007, City Council adopted the Workforce Housing (WFH) ordinances. Additional program requirements and details were to be developed. In October 2007, City Council appointed the Worliforce Housing Advisory Board (WFHAB) to develop the details. From October 2007 through August 2008, the Workforce Housing Advisory Board (WFHAB) met with stajf and the Virginia Beach Community Development Corporation (VBCDC) to develop the complete program requirements. The WFHAB voted on August 25, 2008, to recommend these program requirements to Council. Andy Friedman, advised the basics of the Program: · Voluntary opportunity for developer to build at a higher density if he/she includes 17% of units as workforce housing · Overlay district requirements include that units will be location-integrated, physically indistinguishable with "green" features, etc. · No windfalls for Developer or purchasers - ajfordability is preserved over time · 83% of the development consists of market rate units How the Process Works . Developer applies to build a development that contains workforce housing units . Attends a pre-submittal meeting with Planning and Housing Staff . Completes a WFH Supplemental Application that is part of the Rezoning Application . Planning Commission Review . City Council decision How the Bonus Density Works Example: · Developer owns land that either is, or could be, zonedfor 100 units . A 30% bonus density applied to 100 base units allows 130 units. . 17% of the total units (22) must be WFH units; 8 additional market rate units are also allowed October 7, 2008 I I II, II III I - 7 - C IT Y MAN AGE R 'S B R IE FIN G WORKFORCE HOUSING BOARD RECOMMENDATIONS ITEM # 58077 (Continued) 8 . Base Units o New WFH Units o New Market Units How People Get the Chance to Buy Units Upon approval of a development, the Department of Housing and Neighborhood Preservation (DHNP) and the Developer will create a schedule that ensures that qualified buyers will be ready to purchase when units are ready to sell . Department of Housing and Neighborhood Preservation (DHNP) will take applications for a waiting list and screen them for eligibility; eligible buyers are placed on the list in randomized order . . Qualified buyers will be referred for purchase at the appropriate time . The Department of Housing and Neighborhood Preservation (DHNP) will work with buyers, Developer and lenders to ensure the process flows smoothly How AjJordability is Created and Preserved . Developer agrees to sell units at a discount . The value of the discount is captured in a second mortgage that has no payment requirement other than repayment at sale or transfer . The city has the first right of refusal to purchase units that the owner decides to sell and can thereby preserve ajJordability through re-recording the second mortgage October 7, 2008 I I II II III I - 8 - C IT Y MAN AGE R 'S B R IE FIN G WORKFORCE HOUSING BOARD RECOMMENDATIONS ITEM # 58077 (Continued) Workforce Housing Provides a Significant Discount ASSUMPTIONS: FMV: $240,000.00 LOAN TYPE: VHDA/FHA 30-YEAR FIXED INTEREST Interest rate: 6.25% Condo Fee: 150.00 WFH SALE MARKET SALE DIFFERENCE First Deed of Trust $182,700.00 $236,292.00 $ 53,592.00 WFH Discount (2nd Deed of $ 60,000.00 N/A N/A Trust) Required Down Payment $ 0 $ 7,200.00 $ 7,200.00 Cash Needed to Close $ 5,772.65 $ 13,093.90 $ 7,321.25 Housing Expense: Principal and Interest $ 1,124.92 $ 1,454.89 $ 329.97 Property Taxes 198.00 198.00 0.00 Mortgage Ins. 75.00 97.00 22.00 Condo Fee 15 0.00 150.00 0.00 Total Monthlv Expense $ 1,547.92 $ 1,899.89 $ 351.97 Minimum Annual Income $ 61,917.00 $ 75,996.00 $14,079.00 Required Program Finances · Costs to date: staff costs in program development · Ongoing costs: one position dedicated to program · Fees will be charged to defray direct program costs · Potential income from future capture of resale proceeds · City is not investing in the units or the development · A fund or account is needed to isolate program costs and revenues Summary of New Sales Process · Due to changing market conditions and research with Fannie Mae, Freddie Mac, FHA, VA, and VHDA, it was necessary to find a new sales process in order to ensure that Eligible Buyers could obtain mortgage loan financing · A more simplified process was adopted based on James City County's Affordable Housing Program · This new process will be less costly to the Eligible Buyer in terms of closing costs James City County's Affordable Housing Program · Program began in 2005 · Currently there are 3 separate developments that have proffered a total of98for-sale units (75 have closed) · There are additional developments with units proffered that are not yet under construction · Target income group are households with incomes at 80% of the area median (this is the lowest income group our program targets) October 7, 2008 I I II, II III I - 9 - C IT Y MAN AGE R 'S B R IE FIN G WORKFORCE HOUSING BOARD RECOMMENDATIONS Mr. Friedman displayed a new town Development in James City County. How The Sales Transaction Works EXAMPLE: Developer and City enter into participation agreement to offer units at Discounted Sales Price of $180,000.00 (25% discount from market rate). lJ !1 EXAMPLE: Developer sells to eligible buyer for $240,000.00 (market rate) i. First Deed of Trust for Discounted Sales Price $180,000.00 + ii. Second Deed of Trust to City to secure WFH Discount of $60,000.00 (25% of $240,000.00) and a proportionate share of any net appreciation on resale, and ill. A 1't right to repurchase/assign unit on resale 18 Proposed Ordinance Changes · Inclusion of Circumstances under which Property can be Transferred · Inclusion of Occupancy Requirement · Revision of Appraisal Process at Resale · Clarification of Language between Ordinances and Program Description for Consistency · Revised Sales Process The Department of Housing and Neighborhood Preservation's Roles, Costs and Fees . Except for one staff person in the Department of Housing and Neighborhood Preservation, (DHNP), no funding has been appropriated for the program. . The Workforce Housing Advisory Board (WFHAB) recommends that DHNP operate the program and be reimbursed for actual costs, as follows: 1.) An application fee for all applicants for whom DHNP verifies information and pulls tri- merged credit report. 2.) A program administration fee for all purchas,l, October 7, 2008 I I I, II I - 10- CITY MANA GER 'S BRIEFING WORKFORCE HOUSING BOARD RECOMMENDATIONS ITEM # 58077 (Continued) Department of Housing and Neighborhood Preservation's Duties . Accept applications after WFH development has been approved by City Council · Manage waiting list of applicants · Verify applicant information for defined number of potential buyers · Re-verify information shortly before unit availability · Maintain records of all activities · Annual compliance requirements Department of Housing and Neighborhood Preservation's Costs and Fees . A1J1Jlication Fee ($50): a one-time fee paid by applicants once they are pulledfrom the waiting list to have their eligibility for a WFH unit determined. . Proflram Administration Fee ($510): reimbursement for the cost of managing the program from unit availability through the loan closing. Including but not limited to working with the lender, completion of WFH program documents, reviewing loan documents, and getting the buyer through the loan closing . The revised sales process is less costly than originally envisioned since it is one direct sale Income Guidelines and Sales Prices . Income guidelines are based on annual Housing and Urban Development ( HUD) published figures . Sales prices are driven by income figures and market interest rates . Program requires semi-annual review and adoption of guidelines and prices based on Workforce Housing Advisory Board's recommendations Work Force Housing Advisory Board's (WFHAB) recommendationsfor income and sales prices by household size and income range (figures range from 80-120% AMI): Household Size Income Range Sales Prices 1 $36,456 - $54,684 $101,828 - $165,252 2 $41,664 - $62,496 $119,949 - $192,434 3 $46,872 - $70,308 $138,071- $219,615 4 $52,080 - $78,120 $156,192 - $246,797 October 7, 2008 I I Ii II I - 11 - C IT Y MANA G E R 'S B R IE FIN G WORKFORCE HOUSING BOARD RECOMMENDATIONS ITEM # 58077 (Continued) What's In The Package? · Revised Program Description · Process for Rezoning Application for Workforce Housing Overlay · The Department of Housing and Neighborhood Preservation Procedures for Applicants · Department of Housing and Neighborhood Preservation Fees . Program Participation Agreement Between Developer and City · Program Participation Agreement Between City and Buyer · Deed, Note, Equity Sharing Agreement and Deed of Trust Note · Disclosure and Certification · Program Ordinance · Zoning Ordinance · Ordinance to Establish a Workforce Housing Revolving Fund · Ordinance to Adopt the Workforce Housing Program Documents The members of the Workforce Housing Advisory Board working with staff and members of the City Attorney's Office have developed program documents, operational agreements, guidelines and costs for all aspects of the for-sale program. Upon adoption of the board's recommendations by City Council, this will complete the for-sale component of the Workforce Housing Program. Next Steps · Public Comment on October 14, 2008 · City Council vote on October 28, 2008 . The Workforce Housing Advisory Board continues meeting to work on rental aspects of the program · Once rental aspects of the program are completed and approved, the Workforce Housing Advisory Board will meet at least semi-annually to evaluate the program and to update sales prices and rents Keys to Program Success in the Future . The Department of Housing will market the program to builders, developers, etc. and educate the various stakeholders . The Housing Roundtable will be working with Civic Leagues to promote the program . City Council review and potential acceptance of a first project will be needed for the program to succeed October 7, 2008 I I II, II III I - 12 - C IT Y MANA G E R 'S B R IE FIN G DRAGAS GRANT FOR HOMELESS FAMILIES 2:40 P.M. ITEM # 58078 Andrew Friedman, Director - Housing and Neighborhood Development, referenced the Plan to End Family Homelessness. Mr. Friedman cited the causes of Family homelessness: Normal Economic Disru tions Famil Se arations Domestic Violence Households by Age Group Household Income Under $35,000 10,000 9,000 8,000 7,000 6,000 5,000 4,000 3,000 2,000 1,000 o Under 25 Yrs 25 to 34 35 to 44 45 to 55 55 to 64 Yrs Yrs Yrs Yrs 65& Over Department of Housing and Neighborhood Preservation 3 The implementation of this Plan is made possible, in a large part, by a generous grantfrom the Dragas Companies and the George and Grace Dragas Family Foundation. Helen Dragas, thanked the City for the opportunities given the Dragas Family, which have led to their ability to "give back". The majority of rezonings granted the Dragas's have been Workforce Housing type of projects. Our City has been helpingfamities resolve homeless issues for at least twenty (20) years. In 1986, homes were donated near Mt. Trashmore II to Virginia Beach Community Development Corporation (VBCDC) for transitional housing for homeless families. The City helped start Samaritan House, a shelter for families and victims of Domestic Violence. The Virginia Beach Community Development Corporation (VBCDC) and Samaritan House are the main providers of assistance to homelessfamities today October 7. 2008 I I I I III I - 13 - C IT Y MANA G E R 'S B R IE FIN G DRAGAS GRANT FOR HOMELESS FAMILIES ITEM # 58078 (Continued) Recent Background · 10-Year Plan to End Homelessness adopted on June 5,2007 · Announcement of $1.5-MILLION Grant from the George and Grace Dragas Family Foundation in December 2007 to Chesapeake, Norfolk and Virginia Beach · Task Forceformed by Housing and Neighborhood Preservation to Create a Plan (March 2008) · Grant Request Submitted - September 2008 Grant Approved - October 2008 Task Force Composition Ruthie B. Hill- The Samaritan House Mary K. Horoszewski - Virginia Beach Community Development Corporation · Cheryl Williams - Department of Human Resources · Gay Thomas - City of Virginia Beach - Schools Division · Department of Housing and Neighborhood Preservation Sharon Prescott John Boylan Candace Bowser Minta Walker Bill Dore' Mr. Friedman cited the Vision: We will create a successful plan for ending family homelessness that keeps families from entering a homeless situation or that reduces the amount of time spent being homeless. Logic Model Household-Centered Plannin Housin and Services Overall System Principles Coordinated Intake, Assessment, Referral and Case Management A Regional Approach Wherever Appropriate PLUS Seeking and obtaining additional funds to leverage grants - including a regional approach to fund development Making Housing Opportunities Available PLUS Outside Evaluation to provide objective determination of results plus tracking of outcomes Rapid Access to Housing SHOULD CREATE SHOULD CREATE Effective Programs and Services that Yield Families Moved from Homelessness to Supportive Housing or Permanent Housing 9 October 7, 2008 I I II, II II I - 14- C IT Y MANA G E R 'S B R IE FIN G DRAGAS GRANT FOR HOMELESS FAMILIES ITEM # 58078 (Continued) Outcome No. 1. We will have a well maintained system of activities and processes that are efficient, comprehensive and sustainable to meet the needs of the homeless or near homeless population in the City of Virginia Beach. We will hire a Program Coordinator, on a contractual basis, to begin to manage the coordination and implementation that will be required to make this plan successful. Our Task Force will continue its work to development triage and assessment tools that will direct our intervention for each unique family. Through our continued efforts, we will develop a sense of trust and cooperation that will enhance communication throughout all service providers. We will create a system tool that identifies what should happen with each client. We will have a process that is understood and supported by all stakeholders. Outcome No.2. Families will be appropriately and consistently evaluated and assessed wherever they arrive for services. Critical to this plan is a central intake or "No Wrong Door" approach. While we may not start out with a central intake, we want to insure that whoever sees our client first is capable of performing triage and a complete assessment if necessary. Following the assessment, the intervention is explained and actions are initiated. Data is entered into the Department of Housing and Urban Development (HUD) HMIS (Homeless Management lriformation System) for tracking and outcome reports. We expect 95% of all applicants that present to the "NO WRONG DOOR" are appropriately and consistently evaluated and assessed in accordance with the established practices created by the Task Force. Outcome No.3. Families will achieve success through an on-going support system Our case management system follows each client throughout the process until they successfully exit the program. We will measure our results upon exiting the program or after 12 months or both to evaluate the success of our program. We expect 75 percent of all people that require case management intervention will show improvement between their initial intake assessment and their exit or updated assessment. Outcome No.4. Families' housing needs are accurately evaluated and a housing intervention is achieved as rapidly as possible. The bulk of our funds will be spent re Outcome No.5. The funds will be to intervene prior to becoming homeless or to be used to re-house them as rapidly as possible. Some of the funds will also be used to expand our housing capacity so that homeless individuals do not have to remain homeless or in temporary shelters. The City expects that four hundred thirteen (413) families will be moved quickly into permanent or permanent-upportive housing through these efforts andfunds. October 7, 2008 I I II, II III I - 15 - C IT Y MANA G E R 'S B R IE FIN G DRAGAS GRANT FOR HOMELESS FAMILIES ITEM # 58078 (Continued) Outcome No.5. Families' housing needs are accurately evaluated and a housing intervention is achieved as rapidly as possible Regional Fund Raising Cooperative Grant Writing Efforts The goal is to collaborate with our sister cities that received grants and earmark funds to create a regional grants program to raise $1-MILLION within the first 18 months to help sustain this program beyond the initial grant money awarded Outcome No.6. People are well informed and know what actions to take to engage our services A marketing plan will be developed that will reach all stakeholders that might have intervention capacity to help the homeless in some way. Police, Fire, Emergency Medical Technicians, Public Utility and Public Works, Recreation Center and Library personnel as well as ancillary service providers, such as soup kitchens, clothing ministries, schools, neighbors and friends. This outreach will be toward the person that might be there for the homeless victim to get them to the "NO WRONG DOOR ". Outcome No.7. Our evaluation plan will provide meaningful information along with program results to allow for adjustments and improvements. We will create an evaluation system that can measure: Outputs Outcomes and Gaps in our Services. This will be crucial to our long-term viability and success. Outcome No.8. Children, including pre-school aged, that are part offamilies who are experiencing homelessness will be assisted to enable stability in education as well as access to appropriate resources. We will work with the Schools Division to ensure that this disruption on the family has the least possible affect on pre-school children and children attending our schools. Resources will be used to augment their regular school attendance with after-school mentoring and assistance. The City Library staff will also be involved in this endeavor. We want at least 75 percent of our family homeless children to demonstrate consistent school attendance and improved academic results. Financial Resources · City Funds - $35,000 Dragas Grant Funds - $500,000 City Controlled Federal Funds - $641,000 Rapid Re-Housing Funds (Allocated over 3 year period) - $250,000 Homesfor Children (H4C) - $30,000 TOTAL = $ 1,456,800 October 7, 2008 I I I, II I - 16 - C IT Y MANA G E R 'S B R IE FIN G DRAGAS GRANT FOR HOMELESS FAMILIES ITEM # 58078 (Continued) To accomplish our goals, a diversified array of funds will be utilized. City funds will provide leverage against the Dragas Grant. We have designated different program resources from our Federal funding package to assist our clients. We are applying a new program through the Continuum of Care called the Rapid Re-Housing Demonstration Grant. The maximum amount we can receive is $250,000 to be spread over 3 years. Finally, the Virginia Beach United Methodist Church has a program for assisting children of homeless families. Although they receive federal funds from other resources, they contribute approximately $1,000 per childfrom their own resources. Regional Participation Discussion of programs with possible areas of alignment; commonality of language Triage and Assessment Models Case Management Approaches · Affordable Housing Database; Housing Broker; Housing Availability Inventories; Leveraging of Funds to develop a regional fund raising initiative · Regional Marketing Plan Regional Evaluation Criteria What We are Asking Resolution to Adopt the Plan to End Family Homelessness and to recognize the generosity of The Dragas Companies in helping to make this plan possible · Ordinance to Appropriate $500,000 from the George and Grace Dragas Family Foundation, and · $35,000 matching funds from the General Fund Reserve to the Department of Housing and Neighborhood Preservation to implement the Dragas Grant Agreement October 7, 2008 I I I, II I - 17 - CITY COUNCIL LIAISON REPORTS ITEM # 58079 2:55 P.M. Council Members DeSteph and Wood, Liaisons to the Virginia Aquarium and Marine Science Center, distributed the latest status report, which is herby made a part of the record. Project Budget: Two contracts with the W.M Jordan Company; City contract of$12.6-MILLION for general construction; Aquarium Foundation contract of $6. I-MILLION for the exhibits and habitats. Contractor payments to-date: $10.9-MILLIONfor City Contract (86% complete) $ 2.6-MILLION for Foundation Contract (47% complete) City Contingency fund expenditure to date: Remaining contingency fund: $749,649 $566,539 Schedule City contract issued April 25, 2007,for 16-month construction period to August 17,2008; Change Order #16 (additional lengths of helical piles) will extend the contract by 30 days to September 16, 2008. Because Change Order #16 delayed completion of the Red Sea Aquarium, there will be a corresponding delay in starting the rockwork and life support systems in the Red Sea Aquarium under the Foundation Contract. Foundation Contract issued June 13, 2007, with contract completion December 15, 2008; the 30- day extension in Change Order #16 to the City Contract will result in a 30-day extension of the Foundation Contract to January 14, 2009. However, because certain portions of the City contract cannot be completed until after the Foundation Contract is completed, the City will extend its contract time period to be concurrent with the Foundation Contract with a non-compensable addition of approximately 120 days. The completion date for both contracts will be January 14, 2009 A Grand Opening is beingplannedfor February 28,2009 October 7, 2008 I II, II III 'I - 18 - CITY COUNCIL LIAISON REPORTS ITEM # 58080 Councilman Villanueva, Technology Liaison, distributed his report, which is hereby made a part of the record. Topics: Public Utilities/Public Works Interactive Web Development ($237,560) The goal of this project is to develop a web application that will allow water, sanitary sewer and storm water utility customers to access their account information and current balance, update contract information, view billing statements and query water consumption history via the Internet. Using this application, they will also be able to request service setup, service disconnection and transfers, payment extensions and bill adjustments for repaired leaks as well as to report water pressure problems and other issues. LiveScan Fingerprinting ($62,604) The objective of this project is to improve the quality and efficiency of obtaining known fingerprint samples from civil applicants and criminal offenders in a timely manner by transmitting information electronically to a central site. Enterprise Directory Services Conversion ComIT has transitioned from Novell Netware as its primary provider of Directory Services to Microsoft's Active Directory. This project resulted in a cost reduction of approximately $100,000 and paved the way for a common Director Service Foundation for all of the City's Line of Business applications. Transition from Netware Director to Microsoft's Active Directory was implemented in concert with the City's computer replacement process. As each department received replacement computers, they were also transitioned from a Novell client to the new Active Directory client. Due to the embedded nature of the existing Novell products, the transition was very complicated and required considerable effort to accomplish. Departments were systematically introduced to new drive mapping structures as well as new ways of sharing data across City departments. VBgov Home Page Enhancements The purpose of this project is to improve the functionality of the VBgov.com home page and make it easier for users to find the information they are seeking. InSITE - Human Resources/Payroll System - CIP 3.280 ($10,223,061) The purpose of this project is to consolidate multiple aging Human Resources and Payroll systems into one centralized, integrated system, streamline business processes, improve reporting and data access capabilities and meet the demands of the City's changing workforce. October 7, 2008 I I I, II I - 19 - CITY COUNCIL COMMENTS 3:00 P.M. ITEM # 58081 Councilman Diezel distributed a map denoting the Virginia Beach City Council Districts, Capital Improvement Projects 2004-Present and their General Locations. The Districts are color coded. David Hansen, Deputy City Manager and his staff prepared this information. This information will be updated on a yearly basis. Said information is hereby made a part of the record. Councilman Diezel advised there is a thirty-eight percent (38%) return on every dollar expended. This map effectively depicts the distribution of tax dollars. ITEM # 58082 Mayor Oberndorf referenced her earlier suggestion of Interim Pedestrian Safety improvements on Virginia Beach Boulevard between Town Center and Pembroke Mall. Mayor Oberndorf had suggested fencing, with the cross walks carefully marked and landscaping. Mayor Oberndorf requested this be considered and scheduledfor a City Council Session. Council Lady Wilson also suggested audio be installed on the cross lights. City Council concurred. The City Manager advised the cost would be approximately $208,000 to install the mid-block pedestrian crossing barrier (fence and landscaping) and a pedestrian crossing signal and crosswalk. ITEM # 58083 Council Lady Henley referenced the Total Maximum Daily Load (TMDL) standards for the Southern Waterways and focusing primarily on Nanney's Creek Road. Finally, last week. the final technical meeting occurred and is ready for Public Comment. Council Lady Henley referenced the issues involved with the particular problem of bacterial contamination in those waterways (Nanney's, Mill Dam and West Neck Creeks). They have focused primarily on Nanney's Creek. This model will probably be used in the other watersheds. Council Lady Henley expressed appreciation to the City Staff for developing a better model than first came from the State. ITEM # 58084 Council Lady Henley referenced the three (3) Comprehensive Plan Workshops in the Princess Anne District Council Lady Henley appreciates the City staff's dedication. She received excellent "feedback" from the citizens who attended. ITEM # 58085 Council Lady Henley referenced the Historical Preservation Town Meeting attended by approximately sixty-jive (65) citizens. Many of the attendees were owners of the historical structures. Council Lady Henley extended appreciation to Councilman Uhrin who attended. Council Lady Henley extended an invitation to a meeting sponsored by the Historical Society, Sunday, October 12, 2008, 2:30 P.M, Creeds Elementary School. Historical accomplishments in the Southern part of the City will be highlighted. The project will also be presented, sponsored by the Historical Society in the Southern part of the City and through volunteers of the Historical Society in the Northern part of the City. This project will result in a tremendous data base. The attendees will then go the Senior Resource Center for refreshments. October 7, 2008 I I ", II II I - 20- CITY COUNCIL COMMENTS ITEM # 58086 Councilman Dyer distributed: Ordinance to AMEND 9 2-20 of the City Code re time and place of regular City Council meetings. Councilman Dyer requested City Council schedule this for the City Council Session of October 14, 2008, but not be effective until January 1, 2009. Currently, the City Council has regular meetings on the First, Second, and Fourth Tuesday of each month. This ordinance will change City Council's regular meetings to the 2nd and 4th Tuesday of each month and City Council will convene an informal session (Workshop) on the First Tuesday and Third of each month. Therefore, there will be two (2) Workshops per month. These changes will allow more collaborative discussion with the Virginia Beach City School Board and the City's Legislative delegation. If a particular area of the City may be involved, the City Council could conduct their Workshop in that vicinity. The meetings are to be broadcast live. City Council will need to vote re any change in location. In July and December of each year, regular meetings shall be held on the first two (2) Tuesdays of the month as has been the policy for several years. If adopted, this Ordinance would be effective January 1. 2009. October 7, 2008 I I II II II I - 21 - AGE N DA REV IE W S E S S ION 3:30 P.M. ITEM # 58087 BY CONSENSUS, the following items shall compose the CONSENT A GENDA: \ K. ORDINANCES/RESOLUTIONS 1. Ordinance to A UTHORIZE the City Manager to execute a Short Term Lease with Dolphin Run Condominium Association, Inc., re City-owned property at 3,d Street and Atlantic Avenue. 2. Resolution to AUTHORIZE the issuance of General Obligation School Bonds in the maximum amount of$7.5-MILLION to be sold re The Virginia Public School Authority. 3. Ordinance to AUTHORIZE the City Manager to execute an Installment Purchase Agreement with Barry D. Knight re an Agricultural Land Preservation (ARP) easement on 3416 Head of River Road. 4. Resolution to REFER to the Planning Commission an Ordinance amending 9211 of the City Zoning Ordinance (CZO) re temporary signs. 5. Resolution to ACKNOWLEDGE Virginia GED Week and GED Day re a stronger alignment of quality education, worliforce and economic development. 6. Resolutions to APPOINT: a. Natalie Mann as Assistant City Attorney b. Rachel Allen as Associate City Attorney. 7. Ordinances to A UTHORIZE temporary encroachments into portions of the City's rights-of way: a. DA VID B. and ANDREA C. PALMISANO to construct and maintain a boatlift and a timber pier at 2436 Entrada Drive (DISTRICT 5 - PRINCESS ANNE) b. DONALD R. JR. and LINDA J. ARGUS to construct and maintain a bulkhead, two (2) returns and a dock at 2249 Widgeon Lane (DISTRICT 7 - PRINCESS ANNE) October 7, 2008 I I II, II II I - 22- AGE N DA REV IE W S E S S ION ITEM # 58087 (Continued) 8. Ordinance to ACCEPT and APPROPRIATE $25,800 from the Department of Homeland Security, sub-granted from the City of Portsmouth, to the Fire Department re hazardous materials response equipment. 9. Ordinance to APPROPRIA TE $ 77, 000 from the General Fund balance to the Kempsville Volunteer Rescue Squad re an interest free loan to purchase a replacement ambulance. 10. Ordinance to TRANSFER funds and APPROVE two (2) full-time, City-funded positions re Commonwealth's Attorney Office re domestic violence. Council Lady McClanan DISCLOSED and ABSTAINED pursuant to Section 2.2-3115(G), Code of Virginia, regarding Item K.1.. (Dolphin Run Condominium Association). The nature of her personal interest is she has an ownership in one of the condominiums at Dolphin Run Condominiums, located at 303 Atlantic Avenue. The City Attorney has advised she is able to participate in this discussion and vote fairly, objectively and in the public interest. However, she wishes to DISCLOSE and ABSTAIN. Council Lady McClanan 's correspondence of May 13, 2008, is hereby made a part of the record. Item X2. (School Bonds) will be DEFERRED, BY CONSENT, until the City Council Session of October 14, 2008. Councilman DeSteph ABSTAINED pursuant to Section 2.2-3115(G), Code of Virginia, regarding the Item K.3. (ARP) as he has a potential interest in the proposed property. Councilman DeSteph's letter of October 7, 2008, is hereby made a part of the record. Item K.9. (Kempsville Volunteer Rescue Squad loan) will be DEFERRED, BY CONSENT, until the City Council Session of October 14,2008. October 7, 2008 II I - 23 - ITEM # 58088 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, and Agencies 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: Princess Anne District Cape Henry Beach Habitat for Humanity Indian River Road and Salem Road 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). Cox Communications Petition with FCC The Buddhist Education Center of America, Inc. versus the City of Virginia Beach Team Effort, Inc., t/a Hammerheads City of Virginia Beach, et al Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 3:55 P.M. October 7, 2008 I I II, II - 24- ITEM # 58088 (Continued) 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, Ron A. Villanueva, and James 1. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson (Break: 3: 58 P.M. - 4:05 P.M.) (Closed Session: 4:05 P.M. - 5:30 P.M.) (Dinner: 5:40 P.M. - 6:00 P.M.) II II October 7, 2008 I I II, II I I - 25 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL October 7, 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, October 7, 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, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Thomas McFeely Deacon, Church of the Ascension 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. October 7, 2008 I I II. II II I - 26- 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. October 7, 2008 I I I, II II I - 27 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 58089 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: William R. "Bill" DeSteph Council Members Absent None: Councilman DeStephABSTAINED pursuant to Section 2.2-3115(0), Code of Virginia, regarding the portion of the Closed Session re acquisition/disposition of City property in the Princess Anne District. Councilman DeSteph has a potential personal interest in the property. Councilman DeSteph's letter of October 7, 2008, is hereby made a part of the record. October 7, 2008 I I I' II 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 #58088, Page 23, 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. NO"ff, 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. lth Hodges Fraser, MMC ity Clerk Odober 7,2008 I I I II II I - 28 - Item V-F.] ITEM # 58090 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of September 23,2008. Voting: 10--0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Barbara M Henley Council Members Absent: None Council Lady Henley ABSTAINED as she not in attendance during the City Council Session on September 23. 2008, but was awaiting the birth of her new grandson, Gavin Winston. 8 pounds 1 ounce. October 7, 2008 I I II, II Item V-G.] ADOPT AGENDA FOR FORMAL SESSION BY CONSENSUS, City Council ADOPTED: II I - 29- ITEM # 58091 AGENDA FOR THE FORMAL SESSION October 7, 2008 I I II II II I - 30 - Item V-G.2. PRESENTATION ITEM # 58092 Mayor Oberndorf RECOGNIZED the following Cub Scouts in attendance to earn their merit badges for communications: Cub Scout Pack #362 Sponsored by: Community United Methodist Church Leaders: Michael Gardner David Bradick Scouts: Alex Sasse Jeffrey Ferguson Noah Banks Chase Gardner Eric Minter David Weisenbeck Dalton Bradkick Alex Shea Michael Olson Brayan Sowers Mayor Oberndorf presented each Scout with a City Seal pin. October 7, 2008 I I I, II II I - 31 - Item V-H.A. PRESENTATION ITEM # 58093 OCEANA MISSION AND ACTIVITIES Mayor Oberndorf introduced Councilman Uhrin, who with Vice Mayor Louis R. Jones are City Council's Liaisons to the Military Economic Development Advisory Board (MEDAC). This Committee was enacted on March 4, 2008. The Committee is to work cooperatively with the Department of Economic Development to: Support and strengthen City-Navy relations with the Commanding Officers and tenant commands at Naval Amphibious Base Little Creek and Naval Air Station Ocean a, including Fleet Combat Training Center Dam Neck Identify economic development opportunities for the City with the various Navy commands that engage defense contractors in support of their mission, including working with the Navy to assist private contractors in locating to and conducting business in Virginia Beach As coordinated by the Department of Economic Development with input from other regional worliforce activities and with the support of the Navy, seek to identify those service members who are separating from the Navy and who may be candidates for employment with businesses in Virginia Beach or other areas within Hampton Roads Through regular Liaison and communications, provide information to the Department of Economic Development and the City Manager's Office concerning military issues that may be addressed by the City to assist the various commands to carry out their respective missions Admiral Richard Dunleavy, newly elected Chair, introduced the MEDAC members. Admiral Ed Clexton Adalberton M Diaz Admiral Joseph S. Donnell Rear Admiral William J. Ecker Admiral Mark Gemmill Joseph Gianscoli Luke Hillier Jerrold L. Miller, Ex-Officio Member Admiral Phillip R. Olson Lt. Colonel John A. Panneton Paul T. Pierce, SPHR, PMP Robert Rieve Daniel R. Walters Dr. Roger N. Whiteway Mayor Oberndorf introduced Captain Mark R. Hunter, Commanding Officer, Naval Air Station Oceana. Captain Hunter reported to Naval Air Station Oceana in August 2005, assumed duties as Executive Officer on October 7 and took command of NAS Oceana on 2 August 2007. Captain Hunter has accumulated over 4,300 flight hours and 1,050 carrier arrested landings. He has flown 90 combat missions in support of Operations Desert Strom, Southern Watch and Enduring Freedom. October 7, 2008 I I I, II I - 32 - Item V-H.A. PRESENTATION ITEM # 58093 (Continued) OCEANA MISSION AND ACTIVITIES Captain Mark Hunter, Commanding Officer - Oceana Naval Air Station, presented an overview of Navy Region Mid-Atlantic Fleet Concentration Area Installations. Navy Region Mid-Atlantic is one of the thirteen (13) regional commands reporting to Commander, Navy Installations, seven (7) inside the United States and six (6) outside the United States. Navy Region Mid- Atlantic includes 14 states, from North Carolina to Maine. Hampton Roads and the Peninsula are known as the Fleet Concentration area within Navy Region Mid-Atlantic. Commander Hunter referenced the history in Hampton Roads: Gosport Shipyard founded: November 1, 1767 Battle of Hampton Roads March 8-9,1862 First flight from aboard ship November 14,1910 Great White Fleet departs: December 16,1907 Navy Region Mid-Atlantic Fleet Concentration Area Installations consist of Naval Weapons Stations Yorktown, Norfolk Naval Shipyard, Naval Support Activity Norfolk, Naval Station Norfolk, Naval Amphibious Base Little Creek, Naval Air Station Oceana Naval Weapons Station Yorktown Mission As a receipt, storage, segregation and issue (RSSI) ordnancefacility, support Atlantic Fleet's conventional ammunition requirements. Support expeditionary logistics, ordnance maintenance and R&D, expeditionary warfare training and industrial and inert ordnance storage. Major Tenants Navy Munitions Command Headquarters NMC CED / NMC CED Det. Yorktown Naval Ophthalmic Support & Training Activity · Navy Submarine Torpedo Facility Riverine Squadron THREE · 2nd Fleet Anti-Terrorism Security Team · Navy Cargo Handling Battalion One Navy Expeditionary Logistics Support Group · Navy Expeditionary Medical Support Command · USNS Zeus 15,000 acres; 90% encumbered by Explosive Safety Quantity Distance Arcs 257 magazines 9,267 tons of inventory valued at $1,456M October 7, 2008 I I I II II I - 33 - Item V-H.A. PRESENTATION ITEM # 58093 (Continued) OCEANA MISSION AND ACTIVITIES Norfolk Naval Shipyard Mission Provide logistic support for assigned ships and service craft Perform construction, conversion, overhaul, repair, alteration, dry docking, and outfitting of ships and craft . Perform manufacturing, research, development and test work Operatin!! Profile . 1.2-MILLION Man Days Per Yea · Annual Business $1 Billion + · 7500 Civilians and 1000 Military Plant replacement value = $1.8 Billion! Facilities · 585 acres 5 dry docks 5 major piers/wharves 10 miles railroad track · 4 miles crane track 6 Million sq. ft. building space Naval Support Activity Norfolk Mission As the Installation Commander for Naval Support Activity (NSA) Norfolk Headquarters Complex, Lafayette River Annex and Northwest Annex, provide the facilities and infrastructure essential to support the operations of tenant commands. US Fleet Forces Ma.or Tenants NSA NORTHWEST Annex Center for Anti-Terrorism & Naval Security Forces USGC Communication Area Master Station Atlantic USCG Maritime Securi Res onse Team Forces Surveillance Su ort Center NATO Communications & S stems A enc Nav Satellite Communications Facili Space & Naval Warfare Systems Command Detachment US Joint Forces Command US Marine Cor s Forces Command Commander, Naval Submarine Forces Atlantic Commander, Naval Sur ace Forces Atlantic Joint Forces Staff College Naval Facilities En ineerin Command NSA Norfolk Headquarters Complex . 304 acres, including Lafayette River Annex and South depot Area 6000 + military and civilian personnel · 40 + Flag and General Officers NSA Northwest Annex 3,726 acres, including 741 in agricultural out lease Located in Virginia (75%) and North Carolina (25%), entirely within the Great Dismal Swamp · 1,700 + military and civilian personnel · 6000 students per year October 7, 2008 I I I II I - 34 - Item V-H.A. PRESENTATION ITEM # 58093 (Continued) OCEAN A MISSION AND ACTIVITIES Naval Station Norfolk Mission Support the operational readiness of the US Atlantic Fleet by providing the facilities and services necessary for mission accomplishment Provide safety, security and ever-improving qualities of service and life for service members and their families Infrastructure · 4,400 + acres · Plant replacement value of$4.8B · 600 significant facilities · 13 Primary Piers · Airfield with 8,000 ft runway 21 miles of waterfront Mission Support · Largest supported population of any naval facility 63 Ships · 15 squadrons with 118 aircraft plus AMC airlift 350 + tenant commands · 54,000 military assigned to ships and shore 11,000 + civilian employees Naval Amphibious Base Little Creek Mission . Maximize military readiness by providing the best installation customer service possible · 132 tenant commands 2,496 acres, including 4 miles of beachfront 18 Navy and auxiliary ships 69 small craft 865 housing units · 14,413 military and civilian personnel · Annual payroll = approximately $821-MILLION · Navy Enterprise Headquarters - Naval Network Warfare Command (3 Star & three 1 Star) - Naval Expeditionary Combat Command (2 & 1 Star) Population numbers - Pre 9-11: 9,930 - Jan 2007: 12,336 - Jan 2008: 14,413 - Joint Base (01 Oct 09): 16,000 - 2012 Projected Joint Base: 17,500 Anticipated growth areas - Joint Expeditionary Base Little Creek-Fort Story - EOD Group 2 Reorganization - Anticipated homeport for the East Coast littoral combat ship fleet October 7, 2008 I I I II II I - 35 - Item V-B.A. PRESENTATION ITEM # 58093 (Continued) OCEANA MISSION AND ACTIVITIES Naval Air Station Ocean a Mission · Support Atlantic and Pacific Fleet Strike/Fighter Aircraft · Support Joint and Inter-Agency Flight Operations · Support tenant command training activities Provide highest quality services to service personnel and their families Facilities · NAS Ocean a: 5,846 acres; 741 agricultural out lease · NALF Fentress: 2,559 acres; 893 agricultural out lease · Dam Neck Annex: 1,300 acres; 3.2 miles of coastline Mission Support · NAS Oceana: 38 tenant and storefront commands · Dam Neck Annex: 28 tenant and storefront commands Personnel · 16,332 military and civilian personnel ".,..., II ti, I.' ~-..... Navy Region Mid-Atlantic Economic Impact Military Personnel · FY06: 83,906 . · FY07: 80,389 Civilian personnel. · FY06: 27,938 , · FY07: 31,046 Procurement . · FY06: $5.336 Billion · FY07: $6.056 Billion Pavroll . · FY06: $7.263 Billion · FY07: $7.867 Billion Total Economic Impact to Hampton Roads: $13.923 Billion Mayor Oberndorf expressed appreciation to the Military, as they are part of the "Virginia Beachfamily ". October 7, 2008 I I II, II ,II I - 36 - Item V-H.B. PRESENTATION ITEM # 58094 PRINCESS ANNE ATHLETIC DEVELOPMENT The City Manager introduced Cindy Curtis, Director of Parks and Recreation, and advised Cindy was in Richmond, last evening attending the Virginia Recreation and Park Society annual meeting and received the very distinct recognition of being named a ''fellow'' of this organization. This is the highest award for professionalism. This recognition is very well deserved. Cindy Curtis, Director of Parks and Recreation, expressed appreciation for the kind recognition. Ms. Curtis wished to share some exciting news regarding the potential Princess Anne Development proposal. This proposal is oriented toward the further development of the Athletic Village. Ms. Curtis displayed an aerial view of the Virginia Beach Sportsplex depicting the location of the Princess Anne Athletic Development, LLC (P AAD). This is an important portion of the "Lake Ridge" tract, which is now commonly referred to as Princess Anne Commons. In 2006, City Cuncil directed Parks and Recreation to have a consultant evaluate the efficacy of the private sector developing additional facilities in this Corridor. The result of their work strongly suggested the Princess Anne Commons area could support a minimum 150,000 square foot Field House facility. The City's recently completed Outdoors Plan has also stipulated there is a need for an additional twenty-four (24) rectangular fields. These could be used for Soccer, Field Hockey, Lacrosse. As part of that study, the current reality was examined. Current Reality ",' i SPORTSPLEX 29 Year 0 eel: 2004 FY Revenues. Expenses" . Net ! , l . Event;! Relative the Sportsplex, the Mariners terminated their agreement as the primary tenant in March/April 2007 This does not include Cross Country and Bike Criterion events. The United States Field Hockey Association terminated Olympic training Exclusivity Agreement in October 2007. Expenses were extrapolated from Athletics Bureau Budget. Between the Sportsplex and the Field Hockey Training Center, the City is operating at an average loss of approximately $447,000 a year. October 7, 2008 I I I II I I - 37 - Item V-H.B. PRESENTATION ITEM # 58094 (Continued) PRINCESS ANNE ATHLETIC DEVELOPMENT September 9, 2008 TIMELINE City Council Briefed on study. City Council approves Request for Interest (RFI) process to ascertain private sector and ability to construct a Field House facility, manage both the Sportsplex and National Trainin Center and develo other amenities The Re uest or Interest (RFI) was advertised. Staff reviewed the respondents and recommended moving forward in ne otiations with two (2) rou s, which were uali led. City Council briefed on the RFI responses. City Council concurred to move orward with ne otiations. Finances reviewed of both firms and seemed to be capable of handling a ro 'ect 0 this size. City Council briefed relative an opportunity with the Redskins. Some of the development potential was tabled at this time as this might interfere with a potential deal with the Redskins. Unfortunately this did not move orward ex editiously. The Request or Interest was revised. City Council briefed on interviews. It was determined the best group to move forward with was the Princess Anne Athletic Development, LLe. (P AAD) rou. Ci Council a roves ne otiations City Council briefed on the term sheet. City Council requested additional in ormation. City Council again briefed with additional information relative the term sheet. September 4, 2007 October 4, 2007 November 26, 2007 December 11, 2007 December 21,2007 February 12, 2008 April 21, 2008 September 23, 2008 Site Concept PHlNCESS ANNE ",,'1 HLETIC DEVELOPMENT.Lt.c GENERALIZED PLAN Of' DEVELOPMENT '#!RG~l\lI!A Sil:b~CH SlPOIFrrSPlE;{ October 7, 2008 I I II II I - 38 - Item V-H.B. PRESENTATION ITEM # 58094 (Continued) PRINCESS ANNE ATHLETIC DEVELOPMENT Proposed Private Investment Budget Field House Sportsplex Commons (Retail Complex) Sportsplex Improvements United States Field Hockey Improvements Infrastructure Improvements TOTAL $12,850,000 $ 6,475,000 $ 1,060,000 $ 135,000 $ 3,500,000 $24,020,000 The Proposal Private Sector Investment ~ Construction of · 166,000 ft2 indoor sports field house facility · 50,000 ft2 sports retail center - Sportsplex Commons ~ Upgrade of · Sportsplex (artificial turf and concession upgrades) · USFHAfacility (spectator seating, video towers, etc.) ~ Infrastructure improvements · Access road · Storm water ponds · Parking lot paving for all facilities $12,850,000 $ 6,475,000 $ 1,060,000 $ 135,000 $ 3,500,000 $24,020,000 Additional Proposal Details ~ Two-year option to build six (6) lighted artificial turffields ~ Option to enclose Sportsplex field during winter months ~ Cost of future capital improvements/ replacements to be City responsibility for Sportsplex and United States Field Hockey ~ Field House and artificial turffields can be built without retail center ~ Management of Sportsplex and United States Field Hockey facilities depends on retail center Business Structure Master Developer with PAAD, LLC ~ Development Agreement for construction of infrastructure · Timeframe for completion · Construction standards · Investment criteria defined · Pond · Parking · Access Road October 7, 2008 I I I, II I ' - 39 - Item V-H.B. PRESENTATION ITEM # 58094 (Continued) Business Structure (Continued) Virginia Beach Field House, LLC (Principals - John Wack, Tom Wack, & Cathy Wack, et al.) ~ Ground Lease for Field House · Construction of Field House with timeframe of completion (Nov 2009), construction standards and investment criteria · Performance parameters and thresholds · City profit sharing defined · 13.9 acres · Option on 23.6 acres for six (6) additional fields Sportsplex Commons, LLC (Principals - Paul Van & Chuck Thorton, et al.) ~ Ground Lease for Retail Center · Construction of Retail Center with timeframe of completion, construction standards and investment criteria · Performance parameters and thresholds · City profit sharing defined Hometown Sports Management, LLC (Principals - Paul Van & Chuck Thorton, et al.) ~ Management Agreements for Sportsplex & USFH · Performance parameters and thresholds · Types of usage allowed · Still needs further negotiation · City profit-sharing defined Patricia Phillips, Director of Finance, advised the Summary of Terms and Cash Flows expected to the City. Summary of Terms L Term of Agreements IL IlL IV. v. Revenue Sharing Received by City October 7, 2008 I I II I - 40- Item V-H.B. PRESENTATION ITEM # 58094 (Continued) PRINCESS ANNE ATHLETIC DEVELOPMENT Summary of Cash Flows to City First 20 Years The components of the net cash flow are asfollows: Real Estate Taxes Paid to the City Incentive Grant Paid to PAAD (10 years) Revenue Sharing paid to the City Cost Savings Sportsplex & USFH Operations $ 7.5-MILLION - 3.2-MILLION 3.0-MILLION 12.0-MILLION Total Cash Flows to the City $19.3-MILLION TOTAL $47.4-MILLION $66.7-MILLION Other Fiscal Impacts TIMELINE - NEXT STEPS October 7, 2008 First Public Presentation October 8, 2008 Conditional Rezoning (from AG to B2) and Conditional Use Permit to Planninf{ Commission. October 30, 2008 Oven House at the Advanced Technolof!Y Center November 25, 2008 Conditional Rezonin~ and Conditional Use Permit to City Council November 30, 2008 Comvlete ne~otiations with P AAD, LLC December 2, 2008 Final Lease/Manaf{ement Terms to City Council for consideration February, 2009 Construction bef{ins November, 2009 F acilitv Oven Benefits of the Project ~ Community Recreation amenity that would not happen otherwise ~ Opportunity to improve and expand use of existing Sportsplex and USFHfacility ~ Infrastructure to support future economic development ~ Fulfills master plan goals of Princess Anne Commons and provides needed athletic retail services ~ Attract large regional sporting events ~ Avoids operating expenses of Sportsplex ~ Positive financial impact for the City Council Lady Henley expressed concern as this was the first public presentation and the Planning Commission would be considering this application tomorrow (October 8, 2008). Last night, Council Lady Henley was at Landstown Lakes and Meadows and advised this Plan would be coming forward,' she was not able to provide all the information without compromising what had been expressed in Closed Session. One of the proffers entails a traffic impact study submitted to the Grantee on or before submittal of the initial engineered site plan for review. Council Lady Henley is concerned that City Council might not receive this traffic impact study before consideration. Dam Neck Road is a continuing concern of the residents and the impacts of the development. The City needs to make certain, with all developments occurring, that there is a cumulative impact. Council Lady Henley is concerned re the retail component and there be a level playingfieldfor other retail in the area. October 7, 2008 I I I, II I - 41 - Item V-H.B. PRESENTATION ITEM # 58094 (Continued) PRINCESS ANNE ATHLETIC DEVELOPMENT Mrs. Phillips advised the nominal lease rent would be approximately $10 a year. Ms. Curtis advised there are only three (3) full time employees associated with both of these facilities and they are significantly supported by the Special Events group. As part of Parks and Recreation's Strategic Plan and Reorganization, positions have been left open for these employee to transition elsewhere in the organization. Therefore, there will be a net savings of three (3) full time positions. The Bike Criterion will be displaced because of the improvements. Ms. Curtis hopes to reorganize the Administrative Staff and move across the Street within the Princess Anne Athletic Complex. Council Lady Henley requested information concerning costs to build this Criterion and how much it will cost to replace. Councilman Villanueva requested John Wack and Chuck Thornton, PAAD, LLe., meet with the residents of Landstown Lakes and Landstown Meadows, as well as City staff to present the plan prior to the Open House. This would assist in easing their concerns. Chuck advised his office is right across from Tidewater Community College and would be pleased to present this plan. Their Indoor Sports Facility has been in operation for four (4) years and has been successful since its opening. The construction and development business of John's brother and sister in the Fredericksburg area has been successful for the last fifteen (J 5) years. Chuck Thornton advised they have been here operating locally in this area for over ten (10) years. His business partners entail retired military and a developer. A team of five (5) local citizens in the sports community will assist in operating both these facilities. Councilman Wood referenced many e-mails in support. John Wack advised the Indoor Sports Facility is planned to be 166,000 square feet. This is twice the size of the Fredericksburg facility, but serving a population that is four (4) times the size of Fredericksburg. Chuck Thornton advised the artificial turf does meet NFL specifications. John Wack advised, in Fredericksburg, free field space is provided to the Special Olympics and they have partnered with the Parks and Recreation Department to offer Ripkin Quick Balls through the Carl Ripkins, Sr. Foundation. This offers local youth the opportunity to participate in the program, which they could otherwise not afford However, the product on the hold is very affordable. In Fredericksburg, the cost is between $8.00 and $10.00 for an hour's worth of enjoyment Information will be provided re the number of employees and salary ranges. Any child below the age of 16 needs to be accompanied by an adult. Free field space for fund raisers is provided to the Boys and Girls Clubs. October 7, 2008 I I I, - 42- Item V- Li. PUBLIC HEARING ITEM # 58095 Mayor Oberndorf DECLARED A PUBLIC HEARING: Lease of City-owned property at 3rd Street and Atlantic A venue There being no speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING II I ' October 7, 2008 I I II - 43 - Item V- L2. PUBLIC HEARING ITEM # 58096 Mayor Oberndorf DECLARED A PUBLIC HEARING: INSTALLMENT PURCHASE AGREEMENT Acquisition of Agricultural Land Preservation (ARP) Easement -3416 Head River Road There being no speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING II I October 7, 2008 I I II I ' - 44- Item V- L3. PUBLIC HEARING ITEM # 58097 Mayor Oberndorf DECLARED A PUBLIC HEARING: DEPARTMENT OF JUSTICE-BYRNE MEMORIAL ASSISTANCE GRANT Allocation re law enforcement/criminal processing projects There being no speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING October 7, 2008 I I II I - 45 - Item V-K. ORDINANCES/RESOLUTIONS ITEM # 58098 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED in ONE MOTION Items 1, 2 (DEFERRED), 3, 4, 5, 6a/b, 7a/b, 8, 9 (DEFERRED) and 10 of the CONSENT AGENDA. Voting: 10-0 (By Consent) 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, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel Councilman Diezel had to leave to attend an important meeting. Council Lady McClanan DISCLOSED and ABSTAINED pursuant to Section 2.2-3115(G), Code of Virginia, regarding the Item K.1.. (Dolphin Run Condominium Association). The nature of her personal interest is she has an ownership in one of the condominiums at Dolphin Run Condominiums, located at 303 Atlantic Avenue. The City Attorney has advised she is able to participate in this discussion and vote fairly, objectively and in the public interest. However, she wishes to DISCLOSE and ABSTAIN. Council Lady McClanan 's correspondence of May 13, 2008, is hereby made a part of the record. Councilman DeSteph ABSTAINED pursuant to Section 2.2-3115(G), Code of Virginia, regarding the Item K. 3. (ARP) as he has a potential interest in the proposed property. Councilman DeSteph 's letter of October 7, 2008, is hereby made a part of the record. October 7, 2008 I I. II i I I - 46- Item V-Kl. ORDINANCES/RESOLUTIONS ITEM # 58099 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to A UTHORIZE the City Manager to execute a Short Term Lease with Dolphin Run Condominium Association, Inc.. re City- owned property at 3rd Street and Atlantic Avenue Voting: 9-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Reba S. McClanan Council Members Absent: Harry E. Diezel Council Lady McClanan DISCLOSED and ABSTAINED pursuant to Section 2.2-3115(G), Code of Virginia, regarding the Item K.1.. (Dolphin Run Condominium Association). The nature of her personal interest is she has an ownership in one of the condominiums at Dolphin Run Condominiums. located at 303 Atlantic Avenue. The City Attorney has advised she is able to participate in this discussion and vote fairly, objectively and in the public interest. However, she wishes to DISCLOSE and ABSTAIN. Council Lady McClanan's correspondence of May 13, 2008, is hereby made a part of the record October 7, 2008 I I Ii' I I 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXEUTE A SHORT TERM LEASE (8 3 MONTHS) WITH THE DOLPHIN RUN 4 CONDOMINIUM ASSOCIATION, INC., A VIRGINIA 5 NON-STOCK CORPORATION FOR A 0.09 ACRE 6 OF CITY-OWNED LAND LOCATED AT 3rd STREET 7 AND ATLANTIC AVENUE 8 9 10 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 11 certain 0.09 acre of land located at 3rd Street and Atlantic Avenue, Virginia 12 Beach, Virginia (the "Premises"); 13 14 WHEREAS, the Dolphin Run Condominium Association, Inc., a Virginia 15 non-stock corporation, has agreed to pay the City $5,760 for the use of the 16 Premises for an eight-month period; 17 18 WHEREAS, the Dolphin Run Condominium Association, Inc. would like to 19 enter into a formal lease arrangement with the City for use of the Premises; 20 21 WHEREAS, the Premises will be utilized as an overflow parking lot for the 22 registered guests of the Dolphin Run, and for no other purpose; 23 24 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 25 CITY OF VIRGINIA BEACH, VIRGINIA: 26 27 That the City Manager is hereby authorized to execute a lease between 28 the Dolphin Run Condominium Association, Inc., a Virginia non-stock 29 corporation, and the City, for the 0.09 acre of land located at 3rd Street and 30 Atlantic Avenue in accordance with the Summary of Terms attached hereto as 31 Exhibit A and such other terms, conditions or modifications as may be acceptable 32 to the City Manager and in a form deemed satisfactory by the City Attorney. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of 35 October, 2008 I I i I I CA- 1 0757 R-1 09/16/08 V:/applications/citylawprod/cycom32/WpdocS/D019/P004/00067666.doc APPROVED AS TO LEGAL SUFFICIENCY AND FORM APPROVED AS TO CONTENT ('V '. . ~.1 ]l\9t '~CuJ.(\~,\),{ Signature Signature ft1 rf s..vv'~(; > / ~Cp f.-I,~ 11~ f Department / II II I EXHIBIT A SUMMARY OF TERMS LEASE FOR THE USE OF .09 ACRE OF CITY REAL PROPERTY LESSOR: City of Virginia Beach LESSEE: Dolphin Run Condominium Association, Inc. PREMISES: Approximately .09 acre of City property located at the corner of 3rd Street and Atlantic Avenue, known as GPIN: 2427-32-0138 TERM: September 15, 2008 through May 14,2009 RENT: Rent shall be $5,760, payable either in a lump sum or in equal monthly installments of $720 RIGHTS AND RESPONSIBILITIES OF DOLPHIN RUN CONDOMINIUM ASSOCIATION, INC.: . Will use the Premises for overflow parking for its guests and for no other purpose. . Will keep, repair, and maintain the Premises at its expense and will do so in a workmanlike manner. . Will maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Such insurance shall name the City of Virginia Beach as an additional insured. Lessee shall provide a certificate evidencing the existence of such insurance. . Will maintain Automobile Liability Insurance including coverage for non-owned and hired vehicles in an amount not less than five hundred thousand dollars ($500,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Licensee shall provide a certificate evidencing the existence of such insurance. . Will assume the entire responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. . Will comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. RIGHTS AND RESPONSffiILITIES OF THE CITY: . Will have access to the Premises at any time, without prior notice, in the event of an emergency or public necessity. I I, II ,II I . Will have the right to require Dolphin Run Condominium Association, Inc. to surrender possession and control of the Premises to the City upon forty-eight (48) hours notice in the discharge of its powers, purposes, or responsibilities. . Will have the right to grant easements and rights of way across the Premises for streets, alleys, public highways, drainage, and other similar purposes. TERMINATION: The City may terminate the Lease upon providing thirty (30) days written notice to Dolphin Run Condominium Association, Inc. I I II II I THIS LEASE AGREEMENT ("Lease"), made this day of , 2008, by and between the CITY OF VIRGINIA BEACH (GRANTOR/LESSOR), a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as "CITY" or "LESSOR," and Dolphin Run Condominium Association, Inc., a Virginia non-stock corporation (GRANTEE/LESSEE), hereinafter referred to as "Lessee." WITNESSETH 1. LEASED PREMISES. That for and in consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Lessee to be observed and performed, LESSOR leases to Lessee and Lessee rents from LESSOR the following property, hereinafter referred to as the "Property", delineated as shaded area upon the attached map labeled "Exhibit A" entitled "EXHIBIT "A" TO BE LEASED TO THE DOLPHIN RUN CONDOMINIUM ASSOCIATION BY THE CITY OF VIRGINIA BEACH", reference being made to said Exhibit for a more accurate description thereof. 2. RENT. That for and in consideration of the sum of $5,760.00, payable either in a lump sum or in equal monthly payments of $720.00 no later than the 5th of each month, over the term of this Lease (the "Rent"), LESSOR does hereby lease and demise unto Lessee the Property. 3. TERM. The term of this Lease shall be for eight months commencing September 15, 2008 and expiring May 14, 2009. I I II i II I 4. USE OF PROPERTY -PURPOSES. Lessee covenants that the Property shall be used solely for overflow parking for guests staying at the Dolphin Run Condominiums. This Lease may be terminated on thirty (30) days notice by LESSOR to Lessee. Lessee shall use the Property only for the purposes listed herein and any other use thereof, unless necessarily incidental to such listed and allowed uses, shall constitute a breach of this Lease and cause its immediate termination. The Property is leased by LESSOR to Lessee "as is," and the sole responsibility for the maintenance and upkeep of the Property shall be with Lessee. 5. ASSIGNMENT AND SUBLEASE. This Lease may not be assigned or transferred, and the Property shall not be sublet, either in whole or in part, by Lessee without LESSOR's prior written consent. 6. TERMINATION AND RIGHT OF ENTRY BY LESSOR. A. In the event that Lessee shall for any reason be in default of the terms of this Lease, the LESSOR may give Lessee written notice of such default by certified mail/return receipt requested at the address set forth in Paragraph 14 of this Lease. Unless otherwise provided, Lessee shall have ten (10) days from the date such notice is mailed in wh ich to cure the default. Upon the occurrence of a default, in addition to all other rights and remedies as provided by law, the LESSOR shall have the right to: (a) terminate this Lease, whereupon Lessee sha II quit and surrender the Property to the LESSOR and Lessee shall remain liable for all Rent that may be due up to the time this Lease terminates or the LESSOR ta kes possession of the Property; (b) reenter and repossess the Property and lock out the Lessee; and (c) cure the breach or default at Lessee's expense. Lessee shall remain liable for all costs, fees and expenses incurred by the LESSOR in curing the default and the same shall be additional Rent payable to LESSOR on demand. 2 II III I B. LESSOR reserves the right at any time, without prior written notice to enter upon the Property after it has been determined that an emergency or a public necessity exists. C. The parties acknowledge that LESSOR has certain powers, purposes and responsibilities. To discharge its powers, purposes or responsibilities, LESSOR shall have the right to require Lessee to immediately dismantle and remove any and all improvements from the Property, within forty- eight hours after notice is given to Lessee. Thereafter, LESSOR shall have the exclusive right to enter upon and use the Property, and Lessee shall surrender possession and control thereof to LESSOR. D. Further, LESSOR reserves the right to terminate this Lease by giving written notice to Lessee at least thirty (30) days prior to the date of termination. All Rent paid in advance shall be prorated and/or refunded as applicable. 7. Lessee will keep a II equipment and improvements, if any, placed upon the Property by Lessee, in a safe, clean, and orderly condition; be responsible for all activities on the Property that fall under its control; and will act immediately in response to any notices by LESSOR with reference to the forgoing. It is further understood and agreed as part of the consideration hereof, that Lessee shall be responsible for the maintenance and/or repair of the Property arising out of Lessee's use of the Property. Should any maintenance and/or repair work be deemed necessary, the n the decision of LESSOR as to the scope of the required work and the amount of such liability shall control and be binding on Lessee. 3 I I II 'I I 8. LESSOR'S RIGHT TO GRANT EASEMENTS. LESSOR reserves the right to grant easements and rights of way across or upon the Property, for streets, alleys, public highways, drainage, utilities, telephone and telegraph transmissions lines, pipelines, irrigation canals, and similar purposes. 9. INDEMNIFICA TION/INSURANCE BY LESSEE. Lessee shall indemnify and save harmless LESSOR and all its officials, agents and employees from and against all losses and expenses incurred because of claims, demands, payments, suits, actions, recoveries, and judgments of every nature and description brought or recovered against them by reason of any injuries to property or person, including death, occurring on the Property, arising out of or in connection with Lessee's use of the Property. During the term of this Lease, Lessee shall obtain and keep in force the following policies of insurance: A) Worker's Compensation Insurance as required under Title 65.2 of the Code of Virginia. B) Commercial General Liability Insurance in an amount not less than one million dollars ($1,000,000) combined single limits (CSL). Such insurance shall name LESSOR as an additional insured. C) Automobile Liability Insurance including coverage for non-owned and hired vehicles in an amount not less than five hundred thousand dollars ($500,000) combined single limits (CSL). All policies of insurance required herein shall be written by insurance companies licensed to conduct the business of insurance in the Commonwealth of Virginia and, acceptable to LESSOR, and shall carry the provision that the insurance will not be canceled or materially modified without thirty days (30) prior 4 I I II II I written notice to LESSOR. Lessee shall provide a certificate evidencing the existence of such insurance. 10. APPLICABLE LAW. This Lease shall be deemed to be a Virginia Lease and shall be governed as to all matters whether of validity, interpretations, obligations, performance or otherwise exclusively by the laws of the Commonwealth of Virginia, and all questions arising with respect thereto shall be determined in accordance with such laws. Regardless of where actually delivered and accepted, this Lease shall be deemed to have been delivered and accepted by the parties in the Commonwealth of Virginia. 11. COMPLIANCE WITH ALL LAWS. Lessee shall comply with all laws, rules and regulations of LESSOR and all other governmental authorities respecting the use, operation and activities on the Property, including all applicable environmental laws, and shall not make or be a party to any unlawful, improper or offensive use of such premises or nuisance thereon. City hereby represents to the Lessee, that to the best of the City's knowledge, without the requirement for independent investigation, no hazardous material such as petroleum products, asbestos and any other hazardous or toxic substance has been used, disposed of, or is located on the leased Property or the soil or groundwater on or under the leased Property. Any costs associated with violations of the law including, but not limited to, remediations, clean up costs, fines, administrative or civil penalties or charges, and third party claims imposed on the City by any regulatory agency or by any third party as a result of the noncompliance with federal, state or local environmental laws and regulations or nuisance statutes by the Lessee or by its employees, contractors, consultants, subconsultants, or any other persons, corporations or legal entities retained by it for the leased Property, shall be paid by the Lessee. It is expressly understood and agreed that Lessee, in no way, represents or acts on behalf of LESSOR or any department thereof. 5 I I II I I 12. VENUE. Any and all suits for any claims or for any and every breach or dispute arising out of this Lease shall be maintained in the appropriate court of competent jurisdiction in the City of Virginia Beach. 13. INVALIDITY. If any section, paragraph, subparagraph, sentence, clause or phrase of this Lease shall be declared or judged invalid or unconstitutional, such adjudication shall not affect the other sections, paragraphs, sentences, clauses or phrases. 14. NOTICES. Any notice which may be or is required to be given pursuant to the provisions of this Lease shall be delivered or sent by certified mail, prepaid, return receipt requested, and addressed as follows: If to Lessee, to: DOLPHIN RUN CONDOMINIUM ASSOCIATION, INC. 303 ATLANTIC AVENUE VIRGINIA BEACH, VA 23451 If to LESSOR, to: FACILITIES MANAGEMENT OFFICE 2424 COURTHOUSE, ROOM 228 MUNICIPAL COMPLEX, BUILDING 18 VIRGINIA BEACH, VA 23456 15. ENTIRE AGREEMENT. This Lease contains the entire agreement between the parties hereto and may not be modified orally or in any manner other than an agreement in writing, signed by all the parties hereto and their respective successors in interest. This Lease shall inure to the benefit of and be binding upon the respective heirs, legal representatives, successors, and permitted assigns of the parties hereto. 6 I I, i II I 16. SURVIVAL. The representations, warranties, and agreements of the parties contained in this Lease and in all other documents delivered in connection with this Lease shall survive the expiration or sooner termination of this Lease. 17. HOLDOVER. If Lessee fails to surrender the Property on the date that the Term of this Lease expires or terminates, Lessee's continued occupancy shall be deemed to be a tenancy-at-will (and not a tenancy from month-to-month or from year-to-year) cancelable by LESSOR upon 48 hours prior oral or written notice, and such tenancy shall be subject to all of the provisions of this Lease, except that Rent during the holdover tenancy shall be equal to twice the Rent in effect immediately prior to the end of the Term. IN WITNESS WHEREOF, the parties hereto have each caused this Lease to be executed by their proper representatives as of the day and year first above written, pursuant to due authority. [Remainder of page intentionally left blank, signatures on following page] 7 I I I i I I CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: Ruth Hodges Fraser City Clerk 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, on its behalf. He/She is personally known to me. Notary Public My commission expires: Lessee: DOLPHIN RUN CONDOMINIUM ASSOC N, INC., a Virginia non-stock corpora io By: Name': Title:' STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: ~i' 1 ~. The foregoing ins ume~t was acknowledged before me this \'2:H"day of ~~~\~i'2008, by \J~(\ ~~~ , Lessee, on its behaW. He/She is personally known to me. -" eJ} Notary 'ubll.c TINA M. CARROLL NOTARY 10 # 192513 NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER 31,2011 My commission expires: 8 I I APPROVED AS TO CONTENT: 'I I APPROVED AS TO LEGAL SUFFICIENCY: {V~-ljLdl <~(ll~k~~~ Law Department APPROVED AS TO CONTENT: 2~ ~~-/./'</>'/ Risk Management 9 I I II 'II I 10 I I II I I EXHIBIT "A" TO BE LEASED TO THE DOLPHIN RUN CONDIMINIUM ASSOCIATION BY THE CITY OF VIRGINIA BEACH 0.09 Acres at 3rd Street and Atlantic Avenue - tnte...tate -Primary Roada - Streets Parcal . Water Bodin H SCALE 1 : 1,767 fi"" - """4 I I 100 0 1llO 200 300 FeET A 11 I I 'I I - 47 - Item V-K.2. ORDINANCES/RESOLUTIONS ITEM # 58100 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED until the City Council Session of October 14,2008: Resolution to AUTHORIZE the issuance of General Obligation School Bonds in the maximum amount of$7.5 Million to be sold re The Virginia Public School Authority. Voting: 10-0 (By Consent) 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, Ron A. Villanueva Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel October 7, 2008 I I 'I I - 48 - Item V-K. 3. ORDINANCES/RESOLUTIONS ITEM # 58101 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to A UTHORIZE the City Manager to execute an Installment Purchase Agreement with Barry D. Knight re an Agricultural Land Preservation (ARP) easement on 3416 Head of River Road. Voting: 9-0 (By Consent) Council Members Voting Aye: Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: William R. "Bill" DeSteph Council Members Absent: Harry E. Diezel Councilman DeSteph ABSTAINED pursuant to Section 2.2-3115(G), Code of Virginia, regarding the Item K. 3. (ARP) as he has a potential interest in the proposed property. Councilman DeSteph 's letter of October 7, 2008, is hereby made a part of the record. October 7, 2008 I I ,II I City <Jf Virgir1ia Beach VBgov.com BILL DESTEPH COUNCILMAN - AT-LARGE PHONE: (757) 496-4646 CELL: (757) 339-6105 BDESTEPH@VBGOV.COM In Reply Refer to: 0037274 October 7, 2008 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Section 2.2-3115(E), Code of Virginia Dear Mrs. Fraser: Pursuant to the Virginia Conflict oflnterests Act, Section 2.2-3115(E), Code of Virginia, I make the following declaration: 1. I am executing this written disclosure regarding a portion of City Council's closed session meeting this afternoon regarding the acquisition/disposition of City property in the Princess Anne District. 2. I have a potential personal interest in the property that was the subject of this portion of the closed session. 3. Accordingly, I excused myself from attending and participating in that portion of the closed session. 4. Any action by the City Council as a result of the closed session must be by vote in open session. Ifthis issue is presented to Council for a vote in the future, then at that time, I will make an additional disclosure that will identifY the specific property. 2401 COURTHOUSE DRIVE, VIRGINIA BEACH, VIRGINIA 23456 I I 'I I Mrs. Ruth Hodges Fraser -2- October 7,2008 Re: Abstention Pursuant to Section 2.2-3115(E), Code of Virginia I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Sincerely, ~~~ Bill R. DeSteph Councilmember BRD/RRI I Ii II II I 1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 2 AGRICULTURAL LAND PRESERVATION EASEMENT AND 3 THE ISSUANCE BY THE CITY OF ITS CONTRACT 4 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 5 $121,744. (PROPERTY OF BARRY D. KNIGHT) 6 7 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 8 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 9 presented to the City Council a request for approval of an Installment Purchase Agreement 10 (the form and standard provisions of which have been previously approved by the City 11 Council, a summary of the material terms of which is hereto attached, and a true copy of 12 which is on file in the City Attorney's Office) for the acquisition of the Development Rights 13 (as defined in the Installment Purchase Agreement) on certain property located in the City 14 and more fully described in Exhibit B of the Installment Purchase Agreement for a 15 purchase price of$121,744; and 16 17 WHEREAS, the aforesaid Development Rights shall be acquired through the 18 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 19 compliance with, the requirements of the Ordinance; and 20 21 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 22 purchase as evidenced by the Installment Purchase Agreement; 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 1. The City Council hereby determines and finds that the proposed terms and 28 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 29 Agreement, including the purchase price and manner of payment, are fair and reasonable 30 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 31 is hereby authorized to approve, upon or before the execution and delivery of the 32 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 33 balance of the purchase price set forth hereinabove as the greater of 3.4200% per annum 34 or the per annum rate which is equal to the yield on United States Treasury STRIPS 35 purchased by the City to fund such unpaid principal balance; provided, however, that such 36 rate of interest shall not exceed 5.4200% unless the approval of the City Council by 37 resolution duly adopted is first obtained. 38 39 2. The City Council hereby further determines that funding is available for the 40 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 41 the terms and conditions set forth therein. 42 43 3. The City Council hereby expressly approves the Installment Purchase 44 Agreement and, subject to the determination of the City Attorney that there are no defects 45 in title to the property or other restrictions or encumbrances thereon which may, in the 46 opinion of the City Attorney, adversely affect the City's interests, authorizes the City I I, II ;1 I 47 Manager or his designee to execute and deliver the Installment Purchase Agreement in 48 substantially the same form and substance as approved hereby with such minor 49 modifications, insertions, completions or omissions which do not materially alter the 50 purchase price or manner of payment, as the City Manager or his designee shall approve. 51 The City Council further directs the City Clerk to affix the seal of the City to, and attest 52 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 53 incurrence of the indebtedness represented by the issuance and delivery of the Installment 54 Purchase Agreement. 55 56 4. The City Council hereby elects to issue the indebtedness under the Charter 57 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 58 the indebtedness a contractual obligation bearing the full faith and credit of the City. 59 60 Adoption requires an affirmative vote of a majority of all members of the City 61 Council. 62 63 Adopted by the Council of the City of Virginia Beach, Virginia, on this ---1tJ:t day of 64 October ,2008. CA 10756 V:\applicationslcitylawprodlcycom32\WpdocsID023IP003100067911. DOC R-1 DATE: September 23, 2008 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Lvt~0~~~ City Attorney's Office CERTIFIED AS TO AVAILABILITY OF FUNDS: ~~.cl ~Q~~ Director of Finance 2 I I, II :1 I AGRICUL TURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2008-85 SUMMARY OF MATERIAL TERMS SELLER: KNIGHT, Barry D. PROPERTY LOCATION: 3416 Head of River Road, Princess Anne District PURCHASE PRICE: $121,744 EASEMENT AREA: 21.74 acres, more or less DEVELOPMENT POTENTIAL: 2 single-family dwelling sites (2 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 3.4200% (actual rate to be determined when STRIPS are purchased prior to execution oflP A). Rate may not exceed 5.4200% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IP A date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery ofIPA. ~ QJ J.., ~ ~ ;! . ,.. ~ '::f't .~ I ~g ~t:( J.. J.., ~ ~ ~ .,... t:( ~ Q ~ ~ Q..}' := :, I I. II ,II I - 49- Item V-K 4. ORDINANCES/RESOLUTIONS ITEM # 58102 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Resolution to REFER to the Planning Commission an Ordinance amending ~211 of the City Zoning Ordinance (CZO) re temporary signs. Voting: 10-0 (By Consent) 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, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel October 7, 2008 I I II 'I I 1 REQUESTED BY COUNCILMEMBER BILL DESTEPH 2 A RESOLUTION REFERRING TO THE PLANNING 3 COMMISSION AN ORDINANCE TO AMEND 4 SECTION 211 OF THE CITY ZONING ORDINANCE 5 BY ALLOWING CERTAIN TEMPORARY SIGNS IN 6 ALL ZONING DISTRICTS 7 WHEREAS, the public convenience, general welfare and good zoning practice so 8 require; 9 10 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 11 OF VIRGINIA BEACH, VIRGINIA: 12 13 That there is hereby referred to the Planning Commission, for its consideration 14 and recommendation, a proposed amendment to Section 211 of the City Zoning 15 Ordinance, allowing certain temporary signs in all zoning districts. 16 17 A copy of such proposed amendment is attached hereto. 18 19 Adopted by the Council of the City of Virginia Beach, Virginia, on the 20 7th day of October , 2008. APPROVED AS TO LEGAL SUFFICIENCY: I j)jJ~ j~ )Y/uJ CityVAttorney's Office CA 10868 R-3 September 18, 2008 I I ' 1 REQUESTED BY COUNCILMEMBER BILL DESTEPH 2 3 AN ORDINANCE TO AMEND SECTION 211 OF THE 4 CITY ZONING ORDINANCE BY ALLOWING CERTAIN 5 TEMPORARY SIGNS IN ALL ZONING DISTRICTS 6 7 Section Amended: City Zoning Ordinance 9211 8 9 10 WHEREAS the public necessity, convenience, general welfare and good zoning 11 practice so requires: 12 13 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 14 VIRGINIA: 15 16 That the City Zoning Ordinance is hereby amended and reordained by the 17 amendment of Section 211, to read as follows: 18 19 20 Sec. 211. Signs permitted in all districts. 21 22 The following types of signs are exempted from all of the provisions of this 23 ordinance, except for illumination, construction, and safety regulations and the following 24 standards: 25 26 (a) Public signs. Signs of a noncommercial nature and in the interest of, 27 erected by or on the order of, a public officer in the performance of his public duty, such 28 as directional signs, regulatory signs, warning signs, and informational signs. 29 30 (b) Temporary signs. 31 32 (1) Temporary signs announcing any public, charitable, educational, 33 religious or other noncommercial event or function, located entirely 34 upon the property on which such event or function is held and set 35 back no less than seven (7) feet from the property line, and having 36 a maximum sign area of thirty-two (32) square feet. Such signs 37 shall be allowed no more than thirty (30) days prior to the event or 38 function and must be removed within seven (7) days after the event 39 or function. Such signs may be illuminated in accordance with the 40 restrictions set forth in section 213 hereof. If building-mounted, 41 such signs shall be flat wall signs and shall not project above the 42 roofline. If freestanding, the height of any such sign shall be no 43 more than twelve (12) feet above ground level. 44 45 (2) Temporary signs of a commercial nature announcing grand 46 openings or other special events or promotions, subject to the I I 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 II 'I I ' limitations as to size, height and location set forth in subdivision (1) hereof. Such signs shall be displayed no more than three (3) times per year by any business or establishment, nor for any period in excess of seven (7) days. (3) Temporary signs displayed upon balloons, subject to the requirements of subdivisions (1) and (2) hereof, provided, however, that balloons displaying such signs may, if affixed to the roof of a building or structure, project no more than thirty (30) feet above the roofline or, if affixed to the ground, have a height not exceeding thirty (30) feet from ground level. Such signs shall not exceed seventy-five (75) square feet in surface area. (4) Temporary si!:ms aivina notice of civic leaaues' or property owners associations' meetinas or events, provided that such sians shall be located on property owned by the civic leaaue or property owners association holdina the meetina or event and shall be no areater than thirty-two (32) square feet in area. No more than one (1) such sian shall be permitted at each entrance to the neiahborhood or subdivision represented by the civic leaaue or property owners' association. Such sians shall be in place for no more than fourteen (14) days before the meetina or event of which the sian aives notice or three (3) days after the meetina or event has been held. Such sians may be illuminated in accordance with the restrictions setforth in Section 213. COMMENT The amendments allow temporary signs giving notice of meetings or events of civic leagues or property owners' associations (POAs). Such signs may be located only on property owned by the civic league or POA. One (1) sign may be placed at each entrance to the neighborhood or subdivision represented by the civic league or POA and may remain for the period from 14 days prior to the meeting or event to 3 days after. Signs may not exceed 32 square feet in area and may be illuminated in accordance with the restrictions applicable to other signage of Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2008. day APPROVED AS TO LEGALSUFFICIENCY' CA 10527 / R-4 / August 12, 2008 2 II II I - 50 - Item V-K 5. ORDINANCES/RESOLUTIONS ITEM # 58103 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Resolution to ACKNOWLEDGE Virginia GED Week and GED Day re a stronger alignment of quality education, worliforce development and economic development. Voting: 10-0 (By Consent) 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, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel October 7, 2008 II III I 1 A RESOLUTION TO ACKNOWLEDGE VIRGINIA GED 2 WEEK AND VIRGINIA GED DAY 3 4 WHEREAS, a well educated, highly skilled workforce is essential to the economic 5 growth of the City of Virginia Beach, the Hampton Roads Region and the 6 Commonwealth of Virginia; and 7 8 WHEREAS, the GED Certificate is a nationally recognized high school 9 equivalency credential and is accepted by most colleges, universities, and employers as 10 evidence that the holder of the credential possesses knowledge and skills necessary for 11 post-secondary education and the workforce; and 12 13 WHEREAS, more than 22,000 Virginia Beach adults lack a high school diploma 14 or GED Certificate, drastically reducing their chance to earn a living wage and support 15 their families; and 16 17 WHEREAS, a stronger alignment between economic and workforce development 18 and education is essential to producing a skilled workforce that fosters a dynamic, 19 globally competitive business environment; and 20 21 WHEREAS, the Virginia Workforce Network, a collaboration of partners working 22 to unify numerous training, education, and employment programs, has identified the 23 awareness of the access to GED programs as a key strategy to prepare Virginians for 24 high-skill career tracks; and 25 26 WHEREAS, the Hampton Roads Workforce Development Board, One-Stop 27 Comprehensive Workforce Centers, the Virginia Department of Education, and the 28 Virginia Workforce Network's other program partners throughout the Commonwealth 29 have joined efforts to increase GED certification; 30 31 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA; 33 34 That the City Council of Virginia Beach does hereby recognize October 13-19, 35 2008, as GED Week, and October 15, 2008 as GED Day in Virginia Beach, and calls 36 this observance to the attention of citizens of the Hampton Roads Region. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th_ day of October ,2008 /ita~ City Manager's Office APPROVED AS TO CONTENT: CA 10882 I R-2 I October 1, 2008 II il I - 51 - Item V-K 6. ORDINANCES/RESOLUTIONS ITEM # 58104 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Resolutions to APPOINT: a. Natalie Mann as Assistant City Attorney b. Rachel Allen as Associate City Attorney Voting: 10-0 (By Consent) 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, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel October 7, 2008 II 'I I 1 2 A RESOLUTION APPOINTING NATALIE P. MANN TO THE POSITION OF ASSISTANT CITY ATTORNEY 3 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 6 That pursuant to S 2-166 of the City Code, Natalie P. Mann is hereby appointed to 7 the position of Assistant City Attorney, effective October 16, 2008. 8 '9 Adopted by the Council of the City of Virginia Beach, Virginia, on the -1-th day of 10 October, 2008. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: ~~ City Attorney's o~ CA10876 R-1 September 25, 2008 I I 1 A RESOLUTION APPOINTING RACHEL ALLEN TO THE 2 POSITION OF ASSOCIATE CITY ATTORNEY 3 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 6 That pursuant to S 2-166 of the City Code, Rachel Allen is hereby appointed to the 7 position of Associate City Attorney, effective October 16,2008. 8 9 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of 10 Or.tnhpr ,2008. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: ~=ffi~ CA 10877 R-1 September 25, 2008 I I - 52 - Item V-K 7.a. ORDINANCES/RESOLUTIONS ITEM # 58105 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to A UTHORIZE temporary encroachments into portions of the City's rights-o.fway: DA VID B. and ANDREA C. PALMISANO to construct and maintain a boatlift and a timber pier at 2436 Entrada Drive (DISTRICT 5 - PRINCESS ANNE); The following conditions shall be required: 1. The Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach's specifications and approval, 2. 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. 3. 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. 4. It is further expressly understood and agreed that the Grantee shall defend, indemnify. and hold harmless 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. 5. 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. 6. 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. 7. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit "). 8. It is further expressly understood and agreed that the Grantee shall maintain the existing riparian buffer, which is a minimum of fifteen [15] feet in width landward from the shoreline, runs the entire length of the shoreline, and consist of a mulched planting bed containing a mixture of shrubs and perennial plants (the "Buffer 'J. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. October 7, 2008 I I I I - 53 - Item V-K 7.a. ORDINANCES/RESOLUTIONS ITEM # 58105 (Continued) 9. 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. 10. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements as established by the City. 11. 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 aI/owed 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, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel October 7, 2008 II 'I I 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY LOCATED AT THE REAR 7 OF 2436 ENTRADA DRIVE BY DAVID 8 V. AND ANDREA C. PALMISANO 9 10 WHEREAS, David V. and Andrea C. Palmisano desire to construct and maintain 11 a boatlift and a timber pier upon a portion of drainage and public use canal on City 12 property, located at the rear of 2436 Entrada Drive, in the City of Virginia Beach, 13 Virginia. 14 15 WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2-2107, 16 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 1 7 City's property subject to such terms and conditions as Council may prescribe. 18 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 That pursuant to the authority and to the extent thereof contained in 99 15.2- 22 2009 and 15.2-2107, Code of Virginia, 1950, as amended, David V. and Andrea C. 23 Palmisano, their heirs, assigns and successors in title are authorized to construct and 24 maintain temporary encroachments for a boatlift and a timber pier upon a portion of a 25 drainage and public use canal on City property as shown on the map marked Exhibit "A" 26 and entitled: "PROPOSED ENCROACHMENT FOR 2436 ENTRADA DRIVE," a copy 27 of which is on file in the Department of Public Works and to which reference is made for 28 a more particular description; and 29 30 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 31 subject to those terms, conditions and criteria contained in the Agreement between the 32 City of Virginia Beach and David V. and Andrea C. Palmisano (the "Agreement"), which 33 is attached hereto and incorporated by reference; and 34 35 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 36 is hereby authorized to execute the Agreement; and 37 38 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 39 time as David V. and Andrea C. Palmisano and the City Manager or his authorized 40 designee execute the Agreement. 41 42 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day 43 of October , 2008. CA-1 0742 X:\OIDlREAL ESTATE\Encroachments\PW Ordinances\CA10742 Palmisano Ordiance.doc V:\applications\citylawprod\cycom32\Wpdocs\DO 11 \P004\00062218. DOC R-1 PREPARED: 9/11/08 APPROVED AS TO CONTENTS WC.OIl1u1S'1>. P L1C WORKS, REAL ESTATE II I APPROVED AS TO LEGAL SUFFICIENCY AND FORM Afwt i ~~ Nell L. Ford, Special Counsel for the City Attorney II I 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 23rd day of Auqust, 2008, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DAVID V. PALMISANO and ANDREA C. PALMISANO, husband and wife, 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 "Lot 307" as shown on that certain plat entitled: "SUBDIVISION OF Lago Mar - SECTION TWO - PRINCESS ANNE BOROUGH --- VIRGINIA BEACH, VIRGINIA" and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 77, at Page 14, and being further designated, known, and described as 2436 Entrada Drive, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to construct and maintain a boatlift and a timber pier, 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 a drainage and public use canal on City property, located at the rear of 2436 Entrada Drive, the "Encroachment Area"; and GPIN: (CITY PROPERTY 2424-02-4573) 2424-02-1972-0000 I ,. II I 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: "PROPOSED ENCROACHMENT FOR 2436 ENTRADA DRIVE," 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 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. 2 II I 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 and 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 shall maintain the existing riparian buffer, which is a minimum of 15 feet in width landward from the shoreline, runs the entire length of the shoreline, and consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer"). An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. 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 3 I I II 'I I ' 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. IN WITNESS WHEREOF, David V. and Andrea C. Palmisano, the said Grantee, have caused this Agreement to be executed by their signature. Further, that 4 II 'I I 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 I 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. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 II I David V. Palmisano Andrea C. Palmisano STATE OF CITY/COUNTY OF , to-wit: The foregoing instrument was acknowledged before me this day of , 2008, by David V. Palmisano and Andrea C. Palmisano. (SEAL) Notary Public Notary Registration Number: My Commission Expires: APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM SIGNATURE Nell L. Ford, Special Counsel for the City Attorney DEPARTMENT G:\USERS\SHARED\WP80\RE\Real Estate Forms\WORD DOCS\ENCROACHMENTS\ENCROACHMENT.AGREEMENT.doc 7 II I PROPOSED ENCROACHMENT FOR 2436 ENTRADA DRIYE .,:i'~, ;:,,',;'~' SPECIAL NOTE: A 15 FT.. WIDE STRIP OF LAND ALONG THE EXISTING SHORELINE SHALtBEttFT NATURAL 'ANI) REM7\:"n-J VECJElATErr"lHEtxISTINGTREE-S- ,_. .____.. SHALL REMAIN INTACT IN THIS AREA. AS PER CLAY BERNICK ON 4/24/08 B d u (sO,) @ ~ ~ U'i rtHO') I '00.-47' DATUM: otiW= 0.00' Adjacent Property Owners: 1. T. BOJANOWSKI 2. W. PANKIEWICZ 3. G. FINKBEINER - ".~ ~......--. POSED TIMBER PIER B S @) CD .... 1.!l' , . . . . . cOOC!. DIlM: ;'-',: '.!:..:' .1.- \. .~:. I. : . . - ,......, 1'tf ~7'22'OO"e 125:00 PLAN', , I' Sc. At./S-: /11 i:4o r 0 REV: 8-15.07 Proposed: TIMBER PIER & BOATUFT in: CANAL At: 2436 ENTRADA ORNE County of: VIRGINIA BEACH Applicant: O. PALMISANO L'fNNHAVEN DOC" COR~ORATIOH f,xHIB1T lA I II Picture from backyard PALMISANO 2436 ENTRADA DRIVE I I I I ' (1l "U C 0) OJ ;( (I) ~ u: o 0:: ~ ti 0) "0 c'i: - x , /' E (l) 0... OJ 0 ..... E c (L ill --., 0 (l) OJ C 0... c ro 0 ill (!) ..... ........ 'E (L s: "0 ro Z' 0..: t: (L G >- .n ![] "U 0) .... (1l C- O) d: II I - 54 - Item V-K 7.b. ORDINANCES/RESOLUTIONS ITEM # 58106 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to A UTHORIZE temporary encroachments into portions of the City's rights-of way: DONALD R. JR. and LINDA J. ARGUS to construct and maintain a bulkhead, two (2) returns and a dock at 2249 Widgeon Lane (DISTRICT 7 - PRINCESS ANNE) The following conditions shall be required: 1. 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 2. 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. 3. 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. 4. 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. 5. 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. 6. 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. 7. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit '') October 7, 2008 I I II I - 55 - Item V-K 7.b. ORDINANCES/RESOLUTIONS ITEM # 58106 (Continued) 8. It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of fifteen [15J feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer ''). The Buffer shall not be established during the months of June, July or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security. in an amount equal to the estimated cost of the required Buffer plantings, to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer, as determined by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. 9. 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. 10. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements as established by the City. II. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. 12. 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. October 7, 2008 - 56 - Item V-K 7.b. ORDINANCES/RESOLUTIONS ITEM # 58106 (Continued) Voting: 10-0 (By Consent) 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, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel I I October 7, 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 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF CITY PROPERTY LOCATED AT THE REAR OF 2249 WIDGEON LANE, FOR DONALD R. ARGUS, JR. AND LINDA J. ARGUS WHEREAS, Donald R. Argus, Jr. and Linda J. Argus desire to construct and maintain a bulkhead, 2 returns and a dock upon a portion of a 30' man-made canal (drainage easement) on City property located at the rear of 2249 Widgeon Lane in the City of Virginia Beach, Virginia. WHEREAS, City Council is authorized pursuant to SS 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's property, subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in SS 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Donald R. Argus, Jr. and Linda J. Argus, their heirs, assigns and successors in title are authorized to construct and maintain temporary encroachments for a bulkhead, 2 returns and a dock on a portion of the City's property as shown on the map marked Exhibit "A" and entitled: "PROPOSED ENCROACHMENT INTO A CITY OWNED, UNNAMED, MANMADE CANAL BULKHEAD, 2 RETURNS & DOCK," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and Donald R. Argus, Jr. and Linda J. Argus (the "Agreement"), which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Donald R. Argus, Jr. and Linda J. Argus and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of October, 2008. CA-10748 X:IOIDlREAL ESTATEIEncroachmentslPW OrdinanceslCA 10748 Argus Ordiance.doc V:la pplicationslcitylawprodlcycom321WpdocslD0061P00310006422O. DOC R-1 PREPARED: 9/12/08 APPROVED AS TO CONTENTS I I APPROVED AS TO LEGAL SUFFICIENCY AND FORM r\\ill i!\~ ,~ ~ - \J!~/\( Ne~-t. Ford, " Special Counsel for the City Attorney :1 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 28th day of AUQust, 2008, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DONALD R. ARGUS. JR. AND LINDA J. ARGUS, husband and wife, 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 "Lot 47" as shown on that certain plat entitled: "SANDBRIDGE BEACH NORTH AREA SECTION NO.2 PRINCESS ANNE CO., VA." and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 41, at Page 8, and being further designated, known, and described as 2249 WIDGEON LANE, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to construct and maintain a bulkhead, 2 returns and a 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 a 30' man- made canal (drainage easement) on City property, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. GPIN: 2424-95-2364-0000 (City property - canal) 2424-95-2572-0000 'I I 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 Te mporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordan ce 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: "PROPOSED ENCROACHMENT INTO A CITY OWNED, UNNAMED, MANMADE CANAL BULKHEAD, 2 RETURNS & DOCK," 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 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 2 I :1 I I 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 and agreed that the Grantee agrees t9 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 shall establish and maintain a riparian buffer, which shall be a minimum of 15 feet in \^Jidth landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer plantings, to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, 3 I I stabilized appropriately to prevent erosion, tf1rough the Buffer to the shoreline IS allowed. 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 appl icable. 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 Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. 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 4 I 'I I I 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 co mpensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Donald R. Argus, Jr. and Linda J. Argus, the said Grantee, have caused this Agreement to be executed by their signature. 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 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. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 I /1/1 /Ii , /, .,/, ! /, < / 0/ If "i..' ..{. J/r/t. c il .k:/ ' /" ~ q6nald R. Argus, Jr. {/ ~~)9; G~,6) Linda J. Argu STATE OF VIRGINIA CITY/COU~~TY OF \10- ~-n , to-wit: The foregoing instrument was acknowledged before me this 2~*' day of hJ~~ , 2008, by Donald R. Argus, Jr. . . ~ .. ' /,;;~~~...:,-I; '~~,'(':/>:" . "-"" " c~,. .' ~:t:/Jt<~ /' ,~\ '''<'~:o v_. ~ "iJ ;';:rj: . '0 I> ,., :;t~.~' :Nota1:Y' eegistration Number: ~ (;... 'I W"':': ' ~..,.,.~ ('I, ~~,' (..):"~' ",,:-'it.. {".,' ~. {,: :.}' \~ ~ b'ci.'. . E' ~, ~\\ 0 ",;,.~~:t!",~~"'~.Y;~Oll'lmISSIOn xplres:~. vI Do <I/! t;J ",i '\ \' _,.' .Jl!:~r-fi!!~1~' .' ~\:,J'l\ ti. ~(SEAL) Notary Public STATE OF VIRGINIA CITY/COUNT'.' OF \/0. ~ , to-wit: The foregoing instrument was acknowledged before me this 2.2.'"' day of ~, 2008, by Linda J. Argus. ~ eJr. Crm~(SEAL) Notary Public Notary Registration Number: A4,21 My Commission Expires: 8\ 0\ be .\.."......,,,... ,:\. .., . ...?.... c ~;"'S" "!!;'!..;~ " ... . ,,) r,j, t; ~~.. '1.l "~.~ .. "':")'. ~'1~".r'; .- f...r....,. _.-4"" ~ .... ~,,', II \~'. .".. J (: 'll j... ,':'" . ~. '.... 7 u -.' ~ C"' '\. " ..' APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~tJy c.~~ SI A TURE ~i1A Nell L. Ford, ~ Special Counsel for the City Attol]Tey Pm RthJ C$AA DEP ARTMENT G:\USERS\SHARED\WP80\RE\Real Estate Forms\WORD DOCS\E~CROACHMENTS\ENCROACHMENT .AGREEMENT .doc 8 EXHIBIT "A" Back Bay National Wildlife Refuge Ebb Flood MHW.2.4' Proposed Bulkhead. 80' LF . ~ ~LW .-o.~ _---:.:~ --- - - -- ...........-...----- Proposed Doc.!s; 6'x 12' o ~ @ g ~~C1> :;E (') a -- - -- ~ . -. "I...... City of Virginia Beach - Unnamed Manmade Canal (30' Drainage Easement) Ooc.# 20070625000848730 ENCROACHMENT: Proposed Bulkhead - 6.0'from property line Manmade Canal Proposed Dock - 12.0' from property line . P{F),. Lot 48 2424-95.2494-0000 E. Martin Jr. M.B 41, Page 8 " AI }U ___-.-_ ___ J;; Frame Shed ~ 36' N /~;.. # 'iA/ & (3' 1S' -/~- ---.- Veqetaled Buffer encroachment easement requirement (1S'x80') 52' ~~ . . Top of Bank sed 6' Return_ _ .P(F)- . .00;;{- ~ N ~ ~ " &" \' '< Lot 46 2424-95-2640-000(j D. Thomas M. B. 41, Page 8 ~ , N " " \J \ ~ ~, " 2249 Widgeon Lane Gpin: 2424 95 2572 Lot 47 \j ,,' .' . "," . : ~ . .. # . 4 4 ,- ...". ", -' ..' . .r'. . ,..' . " -~"'''. ..'" ",". . "! - . ", ., , .' GRAPHIC SCALE 5 15 .~ 10 20 . I . f SCALE 1" = 20' I' . , D & L Argus Jr. M.B 41, Page 8 , .' Civil E~neering Subdi~5ion~ esign ~.. .. La?d'1'Janning IiO nglneerlng Oommercial velopment ~ ;na~ ~.... ~ /UtilitYPlans ii3 erv~ Drainage Plan Tid ater, P.l..L.C. John W. Blake, II, P.I:. (757) 237-1657 F.,: (757) 769-7989 I J 12-F Eden \Vay North, CheSapf:3ke, Virginia 2)320 Blake Location: Proposed Encroachment into a City owned, unnamed, man made Canal - Bulkhead, 2 returns & Dock - 2249 Widgeon Lane Virginia Beach V A 23456 Applicant: Donald Argus Jr. Date: June 13, 2008 Q) c cO ...J C o Q) (1) -0 . .... $" 0) ~ '" .~ "'~ .'i".. '~~~. ,.~ iI I II ~ +:. z ." ...'................ .'_ rl'o , \, .,"'.J ~ I- m02 ~ ~ .., w ~. D.CJU)ZN .g <( W ~ ....<( c; l Cl :::E 0:: ""' N~; ~ 1-000Z..g :11 Z Z <( 0 ~ .~: ..- 0 W . W ~~ ~ .. _ 0:: -.:t ro ~~:::E ~N ~ ex 1e:(:I: 0 0 'llt ~ ~ uu- N fj; On .--\ o<(~;:z; ~ V ""000)- ~ O -.:t D. =: 0:: 0:: N ~ ~; _----~-- u 0 N ~; Z I.L ~~ W :5; .(:) g: ::.~ e,) C,) c~ ~ (j) ....J ~ (5 >> t Q) >> cr 0. t c: ~ ~ ~ ll. 0 cr (/) >- c: "C ::) ll. ~ C C'l.~ s: ~ou i 0. ~ (L '"='.. ~3 ::J ('3 ill ,- ::J [JJ (J) (I) .~ i:: (I) (0 t o 0. 0. ::) (/) I I - 57 - Item V-K 8. ORDINANCES/RESOLUTIONS ITEM # 58107 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $25,800 from the Department of Homeland Security, sub-granted from the City of Portsmouth, to the Fire Department re hazardous materials response equipment Voting: 10-0 (By Consent) 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, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel October 7, 2008 I I 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS TO THE FIRE DEPARTMENT FOR 3 HAZARDOUS MATERIALS RESPONSE EQUIPMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 1) Funds are hereby accepted from the U. S. Department of Homeland Security 9 via the Virginia Department of Emergency Management as sub-granted from 10 the City of Portsmouth in the amount of $25,800 with estimated revenues 11 increased accordingly. 12 13 2) Appropriations to the FY 2008-09 Operating Budget of the Fire Department 14 for hazardous materials response equipment costs associated with the 15 Hazardous Materials Southside Tidewater Team are increased by $25,800. of Adopted by the Council of the City of Virginia Beach, Virginia on the 7th Or.tohp.r ,2008. day Requires an affirmative vote by a majority of all members of the City Council. Approved as to Content: Approved as to Legal Sufficiency: fj~Q~~ Management Services ~& CA 10867 R-2 September 26, 2008 I I - 58 - Item V-K 9. ORDINANCES/RESOLUTIONS ITEM # 58108 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED, until the City Council Session of October 14,2008: Ordinance to APPROPRIATE $77,000 from the General Fund balance to the Kempsville Volunteer Rescue Squad re an interest free loan to purchase a replacement ambulance. Voting: 10-0 (By Consent) 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, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel October 7, 2008 I I - 59 - Item V-K 10. ORDINANCES/RESOLUTIONS ITEM # 58109 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to TRANSFERfunds and APPROVE two (2) full-time, City- funded positions re Commonwealth's Attorney Office re domestic violence Voting: 10-0 (By Consent) 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, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel October 7, 2008 I I 1 AN ORDINANCE TO TRANSFER FUNDS TO THE FY 2 2008-09 OPERATING BUDGET OF THE 3 COMMONWEALTH'S ATTORNEY OFFICE AND TO 4 APPROVE TWO FULL-TIME, CITY-FUNDED 5 POSITIONS 6 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 1. That $87,644 is hereby transferred from the General Fund Reserve for 12 Contingencies to the FY 2008-09 Operating Budget of the Commonwealth's Attorney 13 Office for prosecuting domestic violence cases. 14 15 2. That two full-time positions are hereby established in the FY 2008-09 16 Operating Budget. 17 18 Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day 19 of October , 2008. Approved as to Content: Approved as to Legal Sufficiency: B~(L~ Management Services ~~ City A orney's Office CA 10873 R-3 September 26,2008 I I I I MICHAEL CliNE State Coominator COMMONWEALTH of VIRGINIA Department (~l Emergency Afanagement 10501 Trade Court Richmond VirglllliJ 23236-3713 (804) 897-6500 (TOO) 674-2417 FAX (8041 897-6506 ,JANET L. CLEMENTS Chief Deputy Coordinator BRETT A. 3URDICK Deputy CO<Jrdinator July 18, 2008 Mr. Kenneth L. Chandler Portsmouth City P.O. Box 820 Portsmouth, VA 23705 Dear Mr. Chandler: We are pleased to inform you that Portsmouth City has been awarded funds in the amount of $170,923.00 from the 2007 State Homeland Security Grant, (CFDA # 97.073) from the National Preparedness Directorate (NPD), United States Department of Homeland Security (DHS) and administered by the Commonwealth for the HAZMA T Team Equipment, Exercise and Training project. The Commonwealth will send grant funds to a sub-grantee a maximum of 120 days prior to purchase of allowable expenditures. To accomplish this, use the attached "Request for Funds" form. This form can also be found at: http://www.vaemergency.com/qrants/forms/RequestforF undsProiectExpend itu re NEW. xis. You are required to attach purchase orders, invoices or other documentation that reflect your spending plan. Paid invoices for drawdown amounts are due no later than 120 days from the drawdown request date. The end of the program period is June 30, 2009, for obligation purposes and September 30,2009, to complete expenditures and finalize the close out reporting process. During this program period, all subgrantees are required to submit quarterly progress reports. This form can be found at http://www.vaemerqencY.com/q rants/forms/Proqress Report.doc. "Working to Protect People. Proper~r and Our Communities" I I Mr. Chandler Page 2 July 18, 2008 Grant recipients will be monitored periodically by VDEM and/or NPD to ensure that the program goals, objectives, timelines, budgets, and other related program criteria are being met. Monitoring will be accomplished through a combination of office- based and on-site monitoring visits. Monitoring will involve the review and analysis of the financial, programmatic and administrative as well as other issues relative to each program, and will identify areas where technical assistance and other support may be needed. Subgrantees may be required to submit a special progress report in addition to the quarterly reports if the Commonwealth deems necessary. This award is subject to all administrative and financial requirements, including the timely submission of all financial/programmatic reports and adhering to the Special Conditions attached. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination and reallocated. If you have any questions regarding this award, please contact Bill Lawson at (804) 897-6500 extension 6604. Sincerely, ~r;;/ifc~ Michael M. Cline c: The Honorable Robert P. Crouch, Jr., Assistant to the Governor for Commonwealth Preparedness The Honorable John Marshall, Secretary of Public Safety Ms. Janet Clements, Chief Deputy State Coordinator for Emergency Management Mr. Brett Burdick, Deputy State Coordinator for Administration Mrs. Susan Mongold, Grants Coordinator Ms. Cheryl Adkins, Grant Manager Mr. Mark Morton, Heavy Tactical Rescue Chief Ms. Amanda Wood, Grant Manager Mr. Greg Parsons, Battalion Chief Attachments MMC/bl .. rrorking to Protect People. Proper(r and Our Communities" Item V-L. APPOINTMENTS - 60- ITEM # 58110 BY CONSENSUS, City Council RESCHEDULED the/ollowing APPOINTMENTS: HISTORIC SITES ORGANIZING COMMITTEE PARKS AND RECREATION COMMISSION RESORT ADVISORY COMMISSION REVIEW AND ALLOCATION COMMITTEE WETLAND'S BOARD WORKFORCE HOUSING ADVISORY COMMITTEE I I October 7, 2008 I I - 61 - Item V-N.l. ADJOURNMENT ITEM # 58111 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:50 P.M. a~a-~!.t__m- Bevert;'o. Hooks, CMC Chief Deputy City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia The Public Comment re Non Agenda Item adjourned at 8:56 P.M. October 7, 2008 I I - 62- PUBLIC COMMENT Dr. H Lee Cantor, 8608 Oceanfront, Phone: 428-5898, Cardiologist in Virginia Beach and President - Virginia Beach Medical Society, spoke re public health. He was accompanied by Andrew Lester - Pittsylvania County, to speak relative the details concerning lifting the ban on Uranium Mining. Booklet entitled "Danville Pittsylvania Academy of Medicine" was distributed and is hereby made a part of the record. Uranium mining has been banned in Virginia since 1982. There has never been a license for Uranium mining east of the Mississippi, because of the density of population and geographic climate. The remnants, after extracting the ore to make more pure, has radio active contamination and if that were to get into the water supply in Pittsylvania County, this supply leads directly to Lake Gaston and, therefore, is important to protect the health of the citizens of Virginia Beach. We do not want contamination of our water supply. The Medical Society meets this weekend and will debate a Resolution in Opposition. Virginia Beach will be supporting. He will advise the City Clerk re the adoption of this Resolution. Andrew Lester, 2133 Oak Grover Road, Keeling, Virginia, Phone: (434) 793-1672, cell: (434) 250-1185, advised he was a City Planner in 1978 under Robert Scott, writing the first Comprehensive Plan. He represented a group opposed to this mining. Pittsylvania County has not taken any official position on this issue. This area is economically depressed with high unemployment rates. The City Council of Danville and the Pittsylvania County Board of Supervisors have taken a low key approach. All over the state, there are pockets of uranium that can be mined. However, in Pittsylvania, it is the highest concentration in North America. The value of that one location is expected to be $10-BILLION The citizens' concern is there has never been a proposal concerning the manner in which this Uranium would be mined. They own 2900 acres of minimal rights surrounded by another 2000 acres. At the present time, the uranium is encased in granite. The citizens are concerned when the uranium is broken up and brought out, what happens to the groundwater and this site is only a mile from the River which flows into Carr Lake and then into Lake Gaston. The City Manager advised, he, Clay Bernick, Environmental Planner and Tom Leahy, Director of Public Utilities has discussed this concern. Admiral Fred Metz, 805 Circuit Court, Phone: 481-3248, appeared before City Council to explain his reason for resigning from the Military Economic Development Advisory Committee (MEDAC) and also expressed concern that the Military is not mentioned in the Economic Development or Virginia Beach Strategy reports. It was his understanding that the Committee was formed to assist Economic Development with retiring military personnel and the military would play a vital role with Military Economic Development Advisory Board (MEDAC). He referenced the Briefing by Captain Hunter emphasizing the military population and contribution to the tax structure of this community. There is a lot of economic potential in this vast military population and great skills that can be used to the City's advantage in its worliforce. Admiral Metz referenced his research and the fact that no one has asked to review it or to discuss it with him. Admiral Metz's suggested the Veterans Committee be expanded as there are more than a 1,000 veterans in 26 organizations right here in Virginia Beach. Admiral Metz complimented the Mayor for her support but expressed his disappointment that members of City Council and City staff have not had a more participatory role in being there for the military at their Homecomings. He complimented the City Manager for the work he has done but stated he did not share the City Manager's philosophy of involving the Military. 270,000 military get paychecks and the majority live in Virginia Beach. Admiral Metz stated he enjoyed working with Deputy City Manager Steve Herbert but that he was disappointed in the lack of follow-up. The Admiral said he loves this City and would continue to work for the City, but that he would like to have a closer communication with the Governing Body, Economic Development and the Military. October 7, 2008 I I - 63 - PUBLIC COMMENT JejjCorrie, 3505 Purebred Drive, Phone: 468-6028, Chief Petty Officer, spoke re the Buckner Boulevard Extension Project. He advised the City is scheduled to expend $2.6-MILLION to pave approximately 1,000 feet of road behind his house. This will increase noise pollution and the potential for accidents. 980% of the residents are not in favor of this project. This project will link Rosemont Road to Holland Road. This will ajject the property values in his area. The project is based on a flawed traffic study commissioned by Colonial Self Storage, one of the businesses which will benefit. Colonial Self Storage has received $60,000 to improve their property, which they then donated to the City. This project also appears to be in conflict with the City's Master Transportation Plan. Deputy City Manager David L. Hansen advised Public Information Meetings were conducted and numerous questions received from citizens. The compilation of all the questions and responses are being reviewed, in addition to memorandums responding to the concerns of Council Lady McClanan. These will be provided to all members of City Council. A Briefing will be provided during the Informal Session. Another Information Meeting will be scheduledfor the neighborhood. October 7, 2008 I111 II - 61 - Item V-N.1. ADJOURNMENT ITEM # 58111 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:50 P.M. a?~ ~___!2_.__L~~_ II ~ ~;:;;';~Hooks, CMC Chief Deputy City Clerk uth Hodges Fraser, MMC Ci~v Clerk City of Virginia Beach Virginia The Public Comment re Non Agenda Item adjourned at 8:56 P.M. October 7, 2008