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Home My WebLink AboutOCTOBER 28, 2008 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA Ii. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District of WILLIAM R. DeSTEPH, At-Large HARRY E. DIEZEL, Kempsville - District 2 ROBERTM. DYER" Centerville - DIStrict I BARBARA M. HENUiY, Prmcess Anne District 7 REBA S. McCLANAN, Rose Hall - DlStnct 3 JOHN 6'. UHRIN. Beach District 6 RON A. VILLANUliVA. At-Large ROSEMARY WILSON, AT-Large JAMES L. WOOD. Lynnhaven -DlStncT 5 CITY COUNCIL AGENDA cny MANAGER - JAMES K SPORE CITY ATTORNEY - LESLIE L. LILLEY CITY ASSESSOR - JERALD BANAGAN CITY AUDITOR - I.YNDON S. REMIAS CITY CLERK - IWTH HODGES FRASER. MMC OCTOBER 28, 2008 I. CITY COUNCIL BRIEFING -Conference Room - A. MINORITY BUSINESS COUNCIL - Annual Report Ms. Delceno Miles, Chair II. CITY MANAGER'S BRIEFINGS A. FEDERAL HOUSING and ECONOMIC RECOVERY ACT (HERA) Andrew Friedman - Director, Housing and Neighborhood Preservation B. CLEAN WATERS TASK FORCE - Update Clay Bernick - Administrator, Environmental Management Center III. COUNCIL COMMENTS IV. REVIEW OF AGENDA CITY HALL BUILDING 240/ COURTHOUSE DRIVE VIRGINIA BEACH. VIRGINIA 23456-8005 PHONE. (757) J85-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com 1 :30 PM V. INFORMAL SESSION - Conference Room - 4:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Dale Burden Senior Saints Pastor, Gateway Freewill Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS October 14, 2008 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARINGS 1. SCHOOLS 2009 OPERATING and CAPITAL BUDGET - Amendment 2. INSTALLMENT PURCHASE AGREEMENT Acquisition of Agricultural Land Preservation (ARP) Easement- 6465 Crags Causeway I. CONSENT AGENDA J. RESOLUTIONS/ORDINANCES 1. Resolutions to REFER to the Planning Commission for recommendation: a. AMEND 9203 of the City Zoning Ordinance (CZO)re parking requirements in the B-3A Pembroke Central Business Core District b. Resort Area Strategic Action Plan 2. Resolution re the 2009 Community Legislative Agenda and REQUESTING support of same by the City's local General Assembly Delegation 3. Resolution APPOINTING Dana Harmeyer as Assistant City Attorney, effective November I, 2008 4. Resolution re issuance of Residential Care Facility Mortgage Revenue Bonds by the Virginia Beach Development Authority (VBDA), not to exceed $15,000,000, for Westminster-Canterbury of Hampton Roads, Inc. 5. Resolution to REQUEST a $450,000 Grant from the Commonwealth Transportation Board re the Thalia Creek Greenway project 6. Resolution to SUPPORT the Virginia Municipal League's (VML) resolution re Municipal Access to Capital Markets to stimulate state and local economies 7. Re Homeless families: a. Ordinance to APPROVE the Plan to end Family Homelessness b. Resolution to recognize and express gratitude to the Dragas Family and ACCEPT a $500,000 grant from the George and Grace Dragas Family Foundation 8. Ordinance to AUTHORIZE the City Manager to execute an Installment Purchase Agreement with John A. and Mary Sandra Baum re an Agricultural Land Preservation (ARP) easement at 6465 Crags Causeway 9. Ordinances to AUTHORIZE acquisition and the City Manager to execute all documents re: a. 17.64 acres on General Booth Boulevard from the Commonwealth of Virginia for $300,000 re Open Space b. Property at 400 Atlantic Avenue and 205 4th Street from Winifred Murphy, Brenda J. Smith, Faye 1. Molnar and Forrest C. Ozburn for $1,500,000 c. .057 acre near the Lake Smith Fishing Station from Lauren Peyton Bell, Karen and Walter Peyton, Jr. for $13,000 re Open Space 10. Ordinance to AUTHORIZE temporary encroachments into portions of City property for Michael C. and Virginia A. Maloney to construct and maintain a pier extension, four pile boat lift, existing dock and deck at 304 Teal Crescent (DISTRICT 7 - PRINCESS ANNE) 11. Ordinance to ACCEPT a Grant and APPROPRIATE $187,060 from the Office of Community Oriented Policing Services (COPS) re technology needs 12. Ordinance to GRANT a no-interest loan and revise the 2004 payment schedule for the Virginia Aquarium and Marine Science Center Foundation re a joint renovation project and APPROPRIATE the loan at $1-Million 13. Ordinance to TRANSFER $69,869 to the Police Department re creation of an Animal Care Shelter Manager position K. PLANNING 1. Applications for the expansion of Nonconformin1! Uses: (DISTRICT 5 - L YNNHA VEN) a. DR. ALAN W. and ELIZABETH MAHANES re alterations and additions to a cottage and garage apartment at 108 A and B 55th Street RECOMMENDATION: APPROV AL b. MARTIN SCHARA re addition of a second story to the front dwelling and construction of a new two-story cottage in the rear of 211 70th Street RECOMMENDATION: APPROV AL 2. Application of GEORGE POWELL for a Conditional Use Permit re bulk storage and a building contractor's yard at 5512 Southern Boulevard (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION: APPROV AL 3. Applications of the CITY OF VIRGINIA BEACH to AMEND the City Zoning Ordinance (CZO) and the City Code re Workforce Housing: a. 92102 re definitions of "Affordable", "Area Median Income", "Workforce Housing", "Workforce Housing Unit"; deleting "Qualified Buyer", "Qualified Renter" and ADDING "Eligible Buyer" and "Eligible Renter" b. Chapter 16, Article VIII, re definitions and program procedures c. EST ABLISH a Revolving Special Revenue fund d. CONSIDER program documents and provide for execution of legal instruments RECOMMENDATION: APPROVAL I II L. APPOINTMENTS BEACHES AND WATERWAYS COMMUNITY SERVICES BOARD HISTORIC PRESERVATION COMMISSION PARKS AND RECREA nON COMMISSION REVIEW AND ALLOCATION COMMITTEE (COG) SOUTHEASTERN PUBLIC SERVICE AUTHORITY TIDEWATER REGIONAL GROUP HOME COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WORKFORCE HOUSING COMMITTEE (VBCDC) M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT Ci/v Council Sessions for November and December 2008 November 4 November 11 November 18 November 25 Election Day - No Sessions Veteran's Day - No Sessions Briefing, Informal, Formal, including Planning Briefing, Informal, Formal, including Planning December 2 December 9 Briefing, Informal, Formal, including Planning Briefing, Informal, Formal, including Planning Comprehensive Plan Open Houses October 23,2008 7:00 - 9:00 PM Bayside Recreation Center District #4 Bayside District #5 - Lynnhaven October 27,2008 7:00 - 9:00 PM Cox High School District #5 - Lynnhaven ********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** ) O/28/08/st www.vbgov.com - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia October 28, 2008 Mayor Meyera E. Oberndorf called to order the CITY COUNCIL'S BRIEFING re MINORITY BUSINESS COUNCIL in the City Council Conference Room, Tuesday, October 28,2008, at 1:30 P.M Council Members Present: Harry E. Diezel, Reba S. McClanan, Mayor Meyera E. Oberndorj Ron A Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Vice Mayor Louis R. Jones [Out ofOty on Business} William R. "Bill" DeSteph [Entered: 1:38 PM} Robert M Dyer [Mother in hospital} Barbara M Henley [Entered: 1:48 P.M} John E. Uhrin [Entered: 2:47 P.M} October 28, 2008 - 2 - MA YOR 'SCOMMENTS ITEM # 58163 The Virginia Aquarium and Marine Science Museum, is now providing a "pocket guide" entitled "Sensible Seafood". Sensible Seafood choices come from sustainable fisheries and farms which have healthy populations that are harvested in an environmentally friendly wcry and are able to keep up with consumer demand. If current unsustainable practices continue, many types of seafood may not be around to eat and enjoy. Listings of Seafood entitled "Best Choices" Good Alternatives" and "Avoid" are depicted. The restaurant owners are cooperating. The Mayor had visited the Chicago Aquarium and was given a card depicting sustainable fish and the method caught. The Mcryor suggested Lynn Clements - Director of Museums, provide information of this nature to our citizens and tourists. October 28, 2008 - 3 - C IT Y CO UN C I L 'S B R IE FIN G MINORITY BUSINESS COUNCIL ITEM # 58164 1:30 P.M. Delceno Miles, Chair - Minority Business Council, advised the City Council created the Minority Business Council in 1995 as an advisory body to City Council and the City Manager. Duties, powers andfunctions defined in Ordinance No 2310. Februarv 28.1995: - Advise City Manager and City Council on policy and procedural issues - Institute, conduct and engage in educational and training programs to promote the involvement of minority-owned businesses, small businesses and businesses owned by women in the public procurement process - Serve as aforumfor the discussion and development of the awareness of minority-owned businesses, small businesses and businesses owned by women of the procurement process - Provide City Council and the City Manager with an annual written report of the Minority Business Council's activities on or before December Thirty-first of each year - Adopt rules and procedures for the conduct of its affairs - Shall not provide advice or assistance in individual procurement solicitations, evaluations, awards, disputes or protests VISION To be "the leading influence in connecting contractor resources with city opportunities ". The Minority Business Council (MBC) serves as an advisory agency to the City Manager and the City Council with respect to the City's procurement policies and procedures. M~'. Miles expressed appreciation to David Hansen, Deputy City Manager, Patricia Philips - Director of Finance, Bill Davis and John McConnell- Finance Purchasing and Lise Chandler-White - Media and Communications, who have provided tremendous support. The newest member of the Minority Business Council, Ferdinand Perez, John M Williams - Minority Business Council, and former Chair, Prescott Sherrod were in attendance. MISSION "Advance and facilitate an environment of business opportunities, focusing on increasing expenditures to minority and woman-owned businesses by the City of Virginia Beach as a means to further the City's economic development and vitality. " October 28, 2008 - 4 - C IT Y CO UN C I L 'S B R IE FIN G MINORITY BUSINESS COUNCIL ITEM # 58164 (Continued) GOALS "Identify and encourage city agencies and firms projecting the City's image to fairly reflect Virginia Beach as a city of ethnic and racial diversity when carrying forward the City's business. " "Help achieve and maintain the opportunity for improved minority business participation levels in the procurement process for goods, services and construction. " MINORITY BUSINESS COUNCIL COMMITTEES Policy- primarily focuses on development of legislation, ordinances, administrative directives and procedures; educate the MBC members; review processes and policies and make recommendations for action Outreach- primarily focuses on goals that measure programs and goals that provide education and information for Small Business, Women and Minority (SWaM) businesses and partners: it also includes programs that promote benefits of the MBC and procurement opportunities within the City. Data Collection and Analysis-primarily focuses on goals that help develop (SWaM) business capabilities via collection and analysis of minority-and woman-owned business contract awards and expenditures with the City; and, the establishment of maintenance of data and directories on minority and woman-owned businesses and business activities in the City and throughout the region Minority Awareness/Media-primarily creates forums for discussion and development of awareness of SWaM businesses and the procurement process; also includes initiatives that develop and implement marketing and communication programs; and, coordinates media communications and advertising; help to promote diversity within the business community while monitoring new and current businesses and economic development within the city Minoritv Business Council Goals FY 2007-08 Goals Results Education Series 4-Week Series in Spring 08 Woman and Minority Participation Completed Spring 2008 Subcontracting Plan Software External Partnerships Ongoing; MOU with Virginia Department of Minority Business Enterprise; MBC Associates Program Place Database on Web Completed-Fall Fr07; Business Survey Cards Spring Fr07 Increase Web Site Visits by 10% 7,062 hits (Fr08) 2,692 hits (Fr07) Develop Procurement Forecasts Completed-Forecasts are Posted and Updated Quarterly Administrative Directive on AD 6.09 Signed August 2007, Woman and Minority Owned Followed by Training, Business Participation Presentations and Monitoring Debundlinf! Contracts Making Progress MBE Initiatives and Ongoing Procurement Process Economic Development Business Development Workshops; Businesses Relocation 10% of Competitive Expenditures to Minority Business See Following Slides Enterprises (MBEs) October 28, 2008 ; I - 5 - CITY COUNCIL 'S BRIEFING MINORITY BUSINESS COUNCIL ITEM # 58164 (Continued) John Williams - Chair - Data Collection and Analysis Committee, Minority Business Council advised re the Expenditure Report: Exoenditure Report FY 2008 FY 2007 Total Expenditures $224.7-MILLION $224.3-MILLION Minority Business $12.2-MILLION $7.6-MILLION Expenditures Woman-Owned Expenditures $14.1-MILLION $11.6-MILLION # of Minority Business Entervrises (MBEs) 141 135 # of Women Business Enterprises (WBEs) 335 308 Mr. Williams displayed the following graphics: Expenditures FY2008 (CIP and non CIP) Trend on Total Expenditures to Minority-Owned Firms Trend on Total Expenditures to Woman-Owned Firms Ms. Miles advised the recipients of the awards at the Minority Business Council (MBC) (held last November) Business Recognitions Recognized Four Businesses at the Annual Minority Business Council (MBC) Conference and Expo: · Minority-Owned Business of the Year - Bay Electric · Woman-Owned Business of the Year - JCB Construction · Small Business of the Year - Swanson Security Services · Diversity Champion of the Year - Clancy and Theys M\'. Miles displayed examples of publicity from various media articles. The City of Chesapeake contacted M\'. Miles and advised they are reviewing Virginia Beach's Minority Business Council as a model for their procurement process. In this area, the City is perceived as the leader Name of Company Type of Description of Certification Contract/Contract Dollars PlanIT Consulting Minority Woman-Owned Various Hardware and Oracle IT (formerly Dataline, Inc) Consulting Services for (Virginia Beach) Implementation of ORACLE Human Resources Payroll System- $1,473,734 Sun Bay Contracting, Minority Minority Woman-Owned Cornice Replacement at Woman-Owned Inc. (Virginia Correctional Center/ Beach) $253,400 D. T Read Steel (Chesapeake) Minority Owned Concrete Repair, Small Renovations/Repairs/ Installations- $51,592 Testimonials October 28, 2008 - 6 - C IT Y CO UN C I L 'S B R IE FIN G MINORITY BUSINESS COUNCIL ITEM # 58164 (Continued) Janet Ellis, PlanIT Consulting, advised they formerly served under the name Dataline. They have worked with the City of Virginia Beachfor a number of years and are most appreciative of the business relationship with the City. Ms. Ellis cited some of the projects: Data Conversion for the new Permits and Inspections system, provided Enterprise storage for all the City's automated data resides, assisted with business continuity, disaster recovery analysis and the new Minority Business Council system, and, with other consultants, are working with the Payroll Human Resources System. PlanIT was recently selected by the City to be a preferred vendor for project management, applications development, network engineering, et cetera. The corporate office has recently been moved from Norfolk to Virginia Beach. A Testimonial letter recognizing Sun Bay Contracting, Inc. by Police Chief A.M Jacocks, was also displayed. Bob Banach. Director of Operations - D. T. Read Steel, advised three (3) years ago he attended the first Minority Business Council Expo and was very impressed. D. T. Read is a small contractor and Hispanic family owned (third generation ownership). D. T. Read is very appreciative and thanliful to the City for for having the first opportunity to review these "small" jobs. The employees do not mind working on weekends or at night and they have skills in concrete repair, small renovations, repairs and installations. Future Efforts Develop Partnership with School Expect to Complete Spring 09 Board to Develop Procurement Policv More Frequent and Consistent Forecasts and Expect to Complete Fall 09 "Sources Souflht" Continue Departmental Training and Monitoring Ongoing Revisions to Applicable Existing Administrative Fall 2009 Directives Enhance Database of Available Small Business, Ongoing Women and Minoritv (SWaMs) Analyze Bid Responses for "No A wards" and "No Ongoing Bidders" Evaluate! Report on 10% Ongoing Ongoing Resolution and AD 6.09 Research Small Business, Women and Minority Ongoing - Currently Conducting Exploratory (SWaM) Demographics Meetings with the Commissioner of Revenue Association of Virginia to Assist in Capturing Data MINORITY BUSINESS COUNCIL ASSOCIATES Teresa Carrington Rainier Cruz Janie Hartley Curtis Hopkins Wendy Matthews Ferdinand Perez Tonya Perkins Derek Redmond Ed Sykes Largett Washington Byron Williams, Sr. October 28, 2008 , II - 7 - C IT Y CO UN C I L 'S B R I E FIN G MINORITY BUSINESS COUNCIL ITEM # 58164 (Continued) MINORITY BUSINESS COUNCIL MEMBERS Delceno Miles - Chair Wanda Cooper - Vice Chair John Williams - Financial Counselor Linda Bright - Secretarial Officer Carla Bailey Michael Chinn Ferdinand Perez Luis Rivera Prescott Sherrod Edwin Tirona Aubrey Wilson Ms. Miles distributed a small card entitled "Business Survey". The Minority Business Council joined with Phillip Kellam, Commissioner of Revenue, to produce this card. Individuals who apply for business licenses in Virginia Beach would complete the card to capture data concerning small businesses and minority-owned businesses. This information would be incorporated into the Minority Business Council data base. Said information is hereby made a part of the record. Delceno and Barbara Booker-Williams, Minority Business Coordinator, presented information before the Regional Chapter of the Virginia Association of Commissioners of Revenue, who were very receptive to this concept for their individual localities. Mayor Oberndorf referenced difficulty in posting the bond necessary to secure business from the City. M~. Miles advised they have teamed with other individuals to assist. Mr. Herman Ross operates his own security bondingfirm. Louisa Strayhorn, Governor's Liaison, was instrumental in providing this training. Contractors, at no charge, were invited to participate in this training. Mr. Ross, without cost, showed them how to qualify for bonding. Mr. Bill Davis, Purchasing Agent, advised the bonding requirements have been relaxed, particularly in the area of the small construction projects. There is a statutory requirement for bonding at a certain level ($100,000), which cannot be violated. Ms. Miles advised the Conference of Minority Transportation Officials is scheduled for next week. The Minority Business Expo is scheduled for the Convention Center, November 13, 2008, 2:00 P.M to 7:00 P.M Council Members Dyer and Villanueva, Liaisons - Minority Council, have been tremendous leaders and supporters. MI'. Miles advised the Mayor a Diversity Study would be an interesting planning tool and assist in areas on which the City needs to focus. Though, Ms. Miles is quite comfortable with the "road" the Minority Business Council is taking now. October 28, 2008 - 8 - C IT Y MANA G E R 'S B R IE FIN G FEDERAL HOUSING AND ECONOMIC RECOVERY ACT (HERA) ITEM # 58165 2:18 P.M. The City Manager advised the Federal Government passed the Housing and Economic Recovery Act (HERA) and under this Act, the State will receive approximately $38-MILLION. The City has until the First of September to prepare a plan and submit same to officials in Washington, D. C. Andy Friedman, Director - Housing and Neighborhood Preservation, introduced Bill Dare - Housing and Neighborhood Preservation, who will be writing the grants, Sharon Prescott will be directing the programs and Mary K. Nottingham displayed today 's power point presentation. Mr. Friedman depicted an example of aforeclosed property in the Indian Lakes neighborhood. What is the Housing and Economic Recovery Act (HERA) . Federal legislation passed on July 30, 2008, to help the country deal with the mortgage crisis andforeclosures. . Provides $4-BILLION to assist states and localities . Requires rapid obligation of funds What is Virginia Beach's Status in Regard to HERA . Virginia Beach did NOT get a direct allocation offunds - in Virginia, only Fairfax and Prince William counties did . State received $38-MILLION and will be allocating same to localities . We expect to receive some funding via the State The Neighborhood Stabilization Program (NSP) . This is the key program established by the Act from which we expect to receive funds under How can the funds be used? 1) Establish financing mechanisms for purchase and redevelopment of foreclosed homes 2) Purchase and rehabilitate properties that have been abandoned or foreclosed 3) Establish land banks for homes that have beenforeclosed 4) Demolish blighted structures 5) Redevelop demolished or vacant properties October 28, 2008 - 9 - C IT Y MANA G E R 'S B R IE FIN G FEDERAL HOUSING AND ECONOMIC RECOVERY ACT (HERA) ITEM # 58165 (Continued) . What are some of the requirements for these funds? Discount Requirement- Purchase of foreclosed homes must be at a discount from the current market appraised value, taking into account its current condition Resale Restriction- Resale value * must be equal or less than the cost to acquire and rehabilitate * Resale to homeowners is covered by this restriction. but not to other buyers Who Must Benefit from the Funds? . Neighborhood Stabilization Funds are targeted and must be used as follows: All funds must be used for individuals and families whose income does not exceed 120% of Area Median Income (AMI) (Household of 4 in Virginia Beach would be $78,120) - And, at least 25% of the funds must be used to serve households whose incomes do not exceed 50% of Area Median Income (AMI) (Household of 4 in Virginia Beach would be at $32,550) Neighborhood Stabilization Funds . Other Requirements Reinvestment of profits: for the first five years after enactment all profits must be reinvested in additional sales, rentals, redevelopment and rehabilitation offoreclosed homes and properties How Will Funds Be Distributed? . The State of Virginia received $38-MILLION . We are participating in a process to define how it will allocate funding within the State . The State's plan must be submitted to HUD by December 1 . 1f Virginia Beach receives funds, they will be governed by the Federal requirements and any state-imposed requirements . Deadline to use funding is within 18 months of allocation of funds Other Considerations Revenue will be considered as Community Development Block Grant (CDBG) funds Houses purchased, rehabilitated, demolished or redeveloped with these funds are subject to all of the Environmental Review requirements and other federal regulations that apply to CDBG funds October 28. 2008 II - 10- C IT Y MANA G E R 'S B R IE FIN G FEDERAL HOUSING AND ECONOMIC RECOVERY ACT (HERA) ITEM # 58165 (Continued) Council's Input Requested . The City will have to act quickly to develop a proposal for any funds received via the state . City Council will review and decide on the use . City Council's input today will assist in developing the proposal. Staff's Initial Recommendation . Grant funds to non-profits to acquire and rehabilitate vacant, foreclosed properties . Leverage funds by: City addition of other Federal funds Non profit borrowing Non-profit "sweat equity" (Habitatfor Humanity) Other sources? . Use foreclosure information to target acquisitions in one area of the City . To meet Federal income targeting requirements. some housing would be acquired, rehabilitated and sold to private buyers who intend to be owner- occupants . Some would be acquired. rehabilitated and rented by the non-profit Next Steps re: Neighborhood Stabilization Fund . Decision by the State - December 1 . Staff develops proposal for review by the City Manager and City Council (January, 2009) . Receive State approval and contracts/ begin sub-contracting to non-profits (starting February 2009) . Funds must be obligated by approximately May, 2010. Council Lady Wilson advised the importance of the residents of these homes being able to maintain their payments. Mr. Friedman concurred. Councilman Diezel inquired re residents of possible foreclosed properties and would there be a bar preventing the foreclosed individual, if they could meet the financial guidelines, participating in this program. Mr. Friedman advised the foreclosure crises has many causes. The main assistance available to individuals threatened with foreclosure is foreclosure counseling agencies. Virginia Beach Community Development Corporation and HOME, Incorporated in Richmond are both certified agencies who can assist the homeowner with a bar to determine if the loan can be renegotiated. There are no financial programs for threatened homeowners. Sharon Prescott advised the applicant must qualify for a mortgage and a foreclosure, however, a recent foreclosure will probably eliminate them from being able to secure a mortgage. The lending situation is changing, requiring higher credit scores. October 28, 2008 - 11 - C IT Y MANA G E R 'S B R IE FIN G FEDERAL HOUSING AND ECONOMIC RECOVERY ACT (HERA) ITEM # 58165 (Continued) Council Lady McClanan advised there are confidentiality rules which protects to some degree. Council Lady McClanan requested trends and figures concerning the location of the foreclosures. There are many residents who own rental property in neighborhoods that are similar and they are having a hard time filling some of these rental properties. Some of these properties are not maintained. Strong guidelines will be necessary for this program to be utilized to its best advantage. Mr. Friedman advised the data will be gathered and mapped out to assist in making an informed decision re the funds. Council Lady Henley referenced the many programs and possible confusion. Mr. Friedman advised the HERA is from the Federal Government. The Virginia Beach Community Development Corporation, since 1991, has been seeking out foreclosed and vacant housing to rehabilitate. Although this is a new program, it fits in with all the other goals. This program will require more effort to administer as it has its own set of guidelines. Mr. Friedman believes Habitat and Virginia Beach Community Development Corporation can administer this program efficently. Different individuals do not have to be hired to administer each program. Mayor Oberndorf expressed concern re the foreclosures and homes being abandoned with a swimming pool remaining, which could be a breeding ground for mosquitoes. Housing and Neighborhood Preservation Code Enforcement Department will address all these issues. If a family is below a certain income level and is being threatened by foreclosure, is there a program to protect the resident and allow them to live in their home? Mr. Friedman advised there is a Federal program which is encouraging individuals to reapply for financing through the Federal Housing Authority (FHA) Secure. All of this data will be collected and placed on the www.vbgov.com . Fairfax and Prince William Counties have a tremendous number of foreclosures compared to Virginia Beach. Sharon Prescott advised Housing and Urban Development (HUD) has a formula re the Neighborhood Stabilization funds. A number of foreclosures, properties at risk and sub-prime loans, were examined. Some of these factors were rated and this was utilized to determine the allocations. There was a threshold. If the locality did not meet a certain threshold (approximately $2-MILLION), then the State "Pool" had to be utilized. Fairfax and Prince William Counties were the only localities in Virginia which met this threshold. October 28, 2008 , III - 12 - C IT Y MANA G E R 'S B R IE FIN G CLEAN WATERS TASK FORCE 2:46 P.M. ITEM # 58166 The City Manager advised the proponents 0 life the ban on uranium in the State of Virginia met with the he and his staff Coincidentally, Pittsylvania County's Water Task Force and their Vice Mayor and stClff have been reviewing this for a while. The information provided is in the process of being evaluated. In the near future, recommendations will be provided to City Council. Clay Bernick, Administrator - Environmental Management Center, introduced the staff members in attendance from the Clean Waters Task Force, Steve Herbert - Deputy City Manager, Lise Chandler- White - Media and Communications, Bill Johnston - Public Work/Stormwater, Kristina Villa ire - Arborist, Charles McKenna - Planning Department, Jenny McPherson - Agriculture, Mark Swingle - The Aquarium and Marine Science Museum, and Karen Forget - Lynnhaven Now What is the Clean Waters Task Force? The Clean Waters Task Force is an outgrowth of a group originally created in 2004 to coordinate and address water quality issues in the Lynnhaven River watershed. The original group was formed to improve communication between the City organization and Lynnhaven River 2007, and to allow LR 2007 to be better informed on what the City was doing so it could "get the word out" to the Community. In 2006, the Clean Waters Task Force was expanded with the goal of having a City-wide focus for all watersheds and water quality issues and to communicate between the City organization and all Community watershed organizations. What is its Mission? · Provide an informal forum for information exchange on activities related to the City's watersheds · Help ensure better City agency coordination and cooperation on watershed related activities and issues · Identify areas of concern that may need to be addressed by the City related to the City's watersheds Foster a coordinated City response to other stakeholders working on watershed related activities and issues Support the efforts of individual participants In helping accomplish water quality protection and enhancement Help facilitate and implement the recommendations of the Green Ribbon Committee, ensuring a measure of responsibility and accountability to the Green Ribbon Committee process October 28, 2008 - 13 - C IT Y MANA G E R 'S B R IE FIN G CLEAN WATERS TASK FORCE ITEM # 58166 (Continued) Who are City participants? · City Representatives as of October 2008: Agriculture City Manager's Office - Deputy City Manager City Manager's Office - Media and Communications Group Fire Museums - Virginia Aquarium Parks & Recreation - Clean Community Commission Parks & Recreation - Planning, Design & Development Division Parks & Recreation - Landscape Management Division Planning - Environmental Management Center Police Public Utilities Public Works - Water Resources Division Virginia Dare Soil & Water Conservation District Who are Community participants? · Community Representatives as of October 2008: Back Bay Restoration Foundation - Susan Wenzel Chesapeake Bay Foundation - Christy Everett Elizabeth River Project - Marjorie Jackson Lynnhaven River NOW - Karen Forget North Landing Riverkeepers - Fred Adams How does the Task Force operate? Monthly meetings facilitated by the Planning Department since 2004 with expanding participation · Participation of City and Community representatives · Full support and regular participation by he City Manager's Office nmarv an econ arv aters e s Primary Watersheds Approximate Acreage and Secondary Watersheds Approximate Acreage and Percent of City Percent of City . Chesapeake Bay 61,300 . Lynnhaven River 43,000 32.2% 21.9% . Southern Rivers 132,400 . Little Creek 8,200 4.1% 67.4% . Elizabeth River 9,400 4.8% . Rudee Inlet I Owl's Creek . Small Coastal 700 0.4% 2,8001.4% . Rudee Inlet IOwI 's Creek 2,8001.4% . North Landing River 64,000 32.6% . Northwest River 2, 100 1.1% . Back Bay 66,300 33. 7% . Total Area 196,500100% . Total Area 196,500100% P' dS d Wi hd October 28, 2008 : II - 14 - CITY MANA GER 'S BRIEFING CLEAN WATERS TASK FORCE ITEM # 58166 (Continued) " 11'." ~ City of Virginia Beach t.:) City Boundary CJ Planning Areas Primary Watersheds 1 Chesapeake 8.ay Watershed 2 Southern Riven Watershed 3 Rudeelnlet I O'ltt', Creek Secondary Watersheds _ Back Bay E1iubethRrver _ little Qeek _lynnhENen River Nocth landing River NCfthwest River Rude€' Inlet I Owl's Creek Primary and Secondary Watersheds For O)d(ftlonallnfOnnatlon pte.. r.....rtothe CRy at VI'Sln..,1 BNCh COMpr'M'Mnslve Pial at: www.vbgov.com Source", PI <Jlnlng Depatment, PLtlllc Wofl<sJEnglneerirg. Certerfor GIS, Data as of December 20m For general planning p..lrposes cnly Please ~eettle general mapplrw;) dlscl<imerwltt\ln tt'e City ~V1rgllia Beach Com~e~nswe Plan TechnIcal Report What have been its benefits? · City organization works more closely on water quality matters Better information exchange and shared support on projects between City departments and Community organizations Direct support and assistance more commonplace · Enhance ability of City departments to function as a team Implementation efforts more integrated and better understood October 28, 2008 , II - 15 - C IT Y MANA G E R 'S B R IE FIN G CLEAN WATERS TASK FORCE ITEM # 58166 (Continued) What are the Challenges? . Federal and State water quality mandates continue to increase (Total Maximum Daily Loads, storm water, drinking water, etc.) Funding assistance from Federal and State governments continues to decrease · City more directly called to meet the challenge More educated and environmentally conscious Community expects better response and action to issues, demanding better water quality Economic development and economic vitality more closely linked to environmental performance Provided an example of Total Maximum Daily Loads (TMDLs) Total Maximum Daily Loads A calculation of the maximum amount of a pollutant that a waterbody can receive and still safely meet water quality standards · TMDLs can be established for pollutants like pathogens (bacteria), nutrients (nitrogen), sediment, metals (mercury), pesticides and organics, andfor other water constituents like dissolved oxygen, temperature and pH . Uniquely establishedfor each waterway based on its attributes Once a particular TMDL is establishedfor a waterbody by DEQ, State law mandates that TMDL implementation plans be developed to address how the limit will be met TMDL implementation plans will be structured around developing one plan for each secondary watershed rather than multiple plans for each TMDL As of October 2008, 21 individual TMDLs have been established, 1 implementation plan developed and 2 more implementation plans underway Over the next 10 years, an additional 119 individual TMDLs will be established, also requiring a series of new implementation plans or plan amendments What the Clean Waters Task Force Do? Clean Water Task Force (CWTF) serves as a resource pool to help develop TMDL implementation plans Actions recommended in TMDL implementation plans are implemented and monitored by CWTF members Actions recommended by GRC are implemented and monitored by CWTF members CWTF Community members are major focus of public outreach and education · CWTF City members are major focus of project management and implementation October 28, 2008 "I - 16 - C IT Y MANA G E R 'S B R IE FIN G CLEAN WATERS TASK FORCE ITEM # 58166 (Continued) TMDL Approval and Revision Process DEQ and Local Governments Develop TMDL Implementation Plan Water Quality Monitoring and Evaluation of Effectiveness of Phase I Actions DEQ Reevaluates TMDL Warer Quality Mon~oring and Evaluation of Effectiveness of Phase II Actions Waterbody Removed from Impaired Waters List Warer Quality Monitoring and Evaluation of Effectiveness of Phase III Actions Yes DEQ Reevaluates TMDL and DeteIll1ines if a Use Attainability Analysis is N ecessaty What has already been accomplished? Areas of Activity o Policy o Storm water o Sanitary Sewer o Habitat & Environmental Restoration o Community Partnerships October 28, 2008 III - 17 - CITY MANA GER 'S BRIEFING CLEAN WATERS TASK FORCE ITEM # 58166 (Continued) Policy Accomplishments Green Ribbon Committee Implementation efforts to date · No Discharge Zone for Lynnhaven Watershed · Outdoors Plan Update Virginia Municipal League (VML) Certified Green Community Designation Storm water Accomplishments Oceana Gardens West Extended Detention Ponds Solar Lake Aerators at Kings Grant Lake and Reedtown / Wishart Lake · Bacterial Source Tracking Nanney Creek Water Quality Modeling Sanitary Sewer Accomplishments · Sanitary Sewer Service for Lynnhaven Watershed Pump Station Upgrades Strategic Leak Detection Program Sanitary Sewer Overflow Program Habitat and Environmental Restoration Accomplishments Oyster Heritage Program Live Oak Tree Fund Riparian Buffer Projects on City Property Riparian Buffer Program for Private Encroachments on City Property Community Partnerships Accomplishments · Scoop the Poop Program · Athey Island Oyster Reef Project · Boater Education and Pumpout Program · Annual Back Bay Forum Examples of Work Underway or Accomplished BACK BAY WATERSHED: Nanney Creek Coliform Bacteria Evaluation ELIZABETH RIVER WATERSHED: Chesapeake Bay Gateway Water Trail LITTLE CREEK WATERSHED: Open Space Acquisitions L YNNHA VEN RIVER WATERSHED: Little Neck Point Sewer Extension NORTH LANDING RIVER WATERSHED: Mounted Patrol Manure Management NORTHWEST WATERSHED: Land Acquisition by The Nature Conservancy RUDEE INLET I OWLS CREEK WATERSHED: Marine Sanitation Needs Assessment October 28, 2008 III - 18 - C IT Y MANA G E R 'S B R IE FIN G CLEAN WATERS TASK FORCE ITEM # 58166 (Continued) What are some short term goals? BACK BAY WATERSHED - Develop Septic Tank Assistance Program Undertake Habitat Restoration Projects Complete TMDL Implementation Plan for Bacteria ELIZABETH RIVER WATERSHED - Set Timeline for Corps Wetlands Restoration Project - Initiate Work on TMDL Implementation Plan LITTLE CREEK WATERSHED - Assist in Formation of Community Watershed Organization · LYNNHA VEN RIVER WATERSHED Complete Corps Studies and Identify Restoration Actions Continue Sanctuary Oyster Reef Projects Undertake Storm water Retrofit Projects - Mill Dam Creek Bacterial Source Identification Project · NORTH LANDING RIVER WATERSHED - Pursue Open Space and Greenway Efforts Complete TMDL Implementation Plan for Bacteria RUDEE INLET / OWL'S CREEK WATERSHED Work on Establishment of No Discharge Zone Virginia Aquarium Assist in Revival of Community Watershed Organization What additional efforts are being contemplated? . Periodic Report to City Council on Actions Completed and Initiated · Posting of Meeting Summaries · Website with practical Information to Community · Enhanced coordination and support of existing Community Watershed Organizations · Involve community more in implementation efforts Council Lady Henley doubts there is any locality that has Virginia Beach's diversity in waterways. Water quality is always discussed at the Princess Anne District Forum. One of the representatives of a community who placed the icons on the storm drains, observed the City's landscape crews are the worst offenders blowing debris into the drains. The City needs to set the example - Council Lady Henley also believes the mitigation funds contributed should be kept in the Watershed. Mr. Bernick advised a new fund is being established to segregate these funds by watershed. Karen Forget. advised the Clean Water Task Force is one her favorite meetings each month and this has brought all the stakeholders to the table sharing information. The TMDL's Total Maximum Daily Loads (TMDLs) referenced by Mr. Bernick are the vehicle of choice re water quality issues. Re Mill Dam Creek, there has been some success in lowering bacteria levels in 29% of the Lynnhaven. A Task Force is focusing on the Mill Dam Creek problem, which has extremely high bacteria levels. Private engineering contractors are also working on this problem. Representatives of Virginia Institute of Marine Science are focusing on Mill Dam Creek. October 28, 2008 III - 19 - C IT Y MANA G E R 'S B R IE FIN G CLEAN WATERS TASK FORCE ITEM # 58166 (Continued) Bill Johnston, Public Works/ Stormwater, advised the School retrofits are in the Mill Dam Creek Basin. Alanton Elementary has just been completed and the property next to Lynnhaven Middle School will commence retrofitting the system very soon.. This will be the first basin studied under the Comprehensive Stormwater Management program. Karen Forget expressed appreciation for the focus City Council and staff have placed on cleaning up the Lynnhaven for the past five (5) years. More than one-half of Virginia Beach residents live in the Lynnhaven Watershed. Cleaning up the Lynnhaven and making sure it stays swimmable andfishablefor the residents is important. October 28, 2008 III - 20- CITY COUNCIL COMMENTS 3:24 P.M. ITEM # 58167 Council Lady Wilson advised she contacted Mike Amyx, Executive Director (VML) - Virginia Municipal League, requesting he contact Dr. H Lee Cantor, (8608 Oceanfront, Phone: 428-5898), Cardiologist in Virginia Beach and President - Virginia Beach Medical Society. He was accompanied by Andrew Lester _ Pittsylvania County, who spoke during the Open Mike Session, on October 7, 2008, relative the details concerning lifting the ban on Uranium Mining and their public health concerns. Council Lady Wilson advised Mr. Amyx contacted Dr. Cantor. Virginia Municipal League will need to examine the policy procedure. Mayor Oberndorf advised she became active in the Virginia Municipal League upon first being elected to City Council. A wonderful engineer, who was a member of the City Council in Fredericksburg, approached her because Uranium mining was being examined then. He inquired if she was willing to listen to all sides of this because they were concerned about the ultimate impact on all of Virginia. Ultimately, she became the voice of VML in all the Hearings and never dreamed once it was banned the City Council would again be concerned about this same issue. Virginia Beach, at that time, had begun is proposed project on Lake Gaston which definitely is likely to be affected. Mayor Oberndorf and Council Lady Wilson were in attendance at the Virginia Municipal League's Annual Reception and Banquet on October 21, 2008, and received a distinguished award on behalf of PUBLIC VOICES. ITEM # 58168 Councilman Villanueva referenced one of the information bullets Clay Bernick, Administrator, Environmental Management Center, raised during his presentation re the Clean Waters Task Force: "better information exchange and shared support on projects between City departments and community organizations ". Many of the City Council Members have indicated citizens, churches and community organizations have advised not being aware of certain City Council actions and deliberations. Some of the faith based organizations are assisting in expanding the "net". They have programs that may be a duplication of the City's activities. A couple of African-American churches and Catholic Churches are working with a gentleman named Ralph Parham to prepare a proposal. Some of the churches are coordinating with Health and Human Services right now re their food pantries. Councilman Villanueva requested the City Clerk coordinate the Council Members calendars so Councilman Villanueva could advise them of this proposal. This would be a massive project, as there are over three hundred churches in the City. Partnering with some of the faith-based organizations would provide other resources for our citizens. Council Lady Henley advised this project was similar to the Youth Opportunities office coordinated by Barbara Brinson. The City Manager advised a similar process is being accomplished with Early Childhood Development, working with organizations as Smart Beginnings and Square One, et cetera. Council Lady Henley referenced attending the Disaster Preparedness Workshop last Saturday, October 18, 2008. This is the opportunity for faith based organizations to work together with City agencies. October 28, 2008 "11 - 21 - CITY COUNCIL COMMENTS ITEM # 58169 Council Lady Henley referenced two (2) invitations for October 29, 2008, in the southern portion of the City. The Senior Resource Center is a faith based and community-based organizations working to link Senior Citizens with resources. From 9:00 A.M - 12:30 P.M, a Health Fair will be conducted at the Senior Resource Center followed by a reception, in commemoration of their first anniversary, 2:00 P.M - 4:00 P.M, which has been scheduled at the Senior Resource Center - 912 Princess Anne Road. That same afternoon, 4:00 P.M - 6:00 P.M is a "Harvest Ag Gathering" This event will be a "welcome" to the new Director of Agriculture, David Trimmer. A "Pig Picking" dinner will be served. This event will be held at Land of Promise Farms, 3169 Land of Promise Road. Council Lady Henley also advised, on October 30, 2008, a Citizen Open House re the Virginia Beach Sportsplex - Princess Anne Athletic Development, is scheduled for Thursday, October 30, 2008, from 4:00 to 7:00 P.M, at the Advanced Technology Center - Room H-170. ITEM # 58170 Mayor Oberndorf advised her Mayor's Commission on the Aging is very anxious to secure all the information relative the Senior Resource Center to create the same type of center in each portion of the City. Mayor Oberndorf believes the spaces available in City buildings could be considered. Council Lady Henley advised $300 was paid to purchase the model from Beacon Hill in Boston. However, the Center did not utilize anything from this "model". Each community has to develop according to their own needs and be very flexible. Council Lady Henley would be pleased to have the Mayor's Commission on Aging visit the Senior Resource Center and review their "model". Councilman Diezel advised he conferred with Council Lady Henley and believes there is a good opportunity in Kempsville with the fourteen (14) acres purchased by the City recently from the Church as there is a solid building on this location. There are no plans to utilize this facility because of long-term costs, but if organizations such as the Senior Resources can get involved and take care of the maintenance, the City can support them in other ways. ITEM # 58171 Relative the Sportsplex, Council Members Uhrin and Villanueva, took a field trip to Fredericksburg last Monday, October 20, 2008, and toured the Wack Brothers' sports facility. The Council Members were ve,y impressed with how busy the facility was even at 9:30 P.M Councilman Uhrin was most impressed with the "hands-on" management of both the Wack Brothers. While, conducting a tour for the Council Members, they were also registering individuals for sports leagues. The population area served is much smaller than Virginia Beach. However, they have already expanded their facility in Fredericksburg. The Virginia Beach Indoor Sports Facility is planned to be twice the size of the Fredericksburgfacility. ITEM # 58172 Council Lady McClanan referenced Jeff Corrie, Chief Petty Officer, who spoke, during the open Mike Session on October 7, 2008, re the Buckner Boulevard extension project. The Public Works department has established another Public Hearing for November 12, 2008, 6:00 P.M, Holland Oaks School. The staffwill give a presentation. There are two (2) communities very concerned. Mayor Oberndorf requested the City Clerk provide a matrix for all Members of City Council, encompassing the dates, times, and locations of the various activities mentioned. October 28, 2008 - 22- CITY COUNCIL COMMENTS ITEM # 58173 Councilman DeSteph referenced attending the meeting of the Military Economic Development Advisory Board (MEDAC), on Monday, October 27, 2008. Council Members Uhrin and Villanueva were in attendance. Rear Admiral Dave Anderson provided an impressive update on the impacts of the OLF. Mayor Oberndorf advised she also heard this presentation in Williamsburg at a Retreat. It was excellent. Councilman DeSteph inquired whether one of the carriers from Norfolk or a group of ships comes from Norfolk to Mayport. Councilman DeSteph requested the status. Councilman DeSteph is concerned re the impact both economically and to the Military families. Robert Matthias, Assistant to the City Manger, advised the Environmental Impact Statement on the possible movement of a nuclear carrier to Mayport is due November Eleventh or Thirteenth. There are fourteen (14) alternatives including a "no action" alternative and range in cost from "no cost" to $1/2- BILLION or more. The cost would entail dredging the entire channel leading into Mayport and the turning basin to be able to handle a nuclear carrier. The channel is forty-three (43) feet now. The dredging would take it down to approximately jifty-seven (57) feet. It would mean the disposal of 5- MIILLION cubic yards of material and they have cost estimated that at $10 a yard for Ocean disposal. The Hampton Roads Military and Federal Facilities Alliance devised a list of questions, raising certain issues as "We do not think the cost estimates are correct, you completely ignored the impact on manatees, which is an endangered species". The Inner Harbor Turning Basin is a preferred nesting area for manatees. The City is working with the Hampton Roads Military and Federal Facilities Alliance, (HRMFFA), the State and the Congressional Delegation, to pursue whether those issues were addressed. The Commonwealth requested a forty-five day extension for comments. Only a jive-day extension was given. The end date is the commissioning of the USS Bush on January 10, 2009. Traditionally, carriers are not commissioned without a home porting site being named. Some of the options under consideration, besides the movement of the carrier to Mayport, is moving some large deck amphibious ships, as well as some smaller vessels, from either Norfolk Naval Operating Base or Little Creek. Virtually, all of the ships that are stationed at Mayport are frigates and scheduled to be decommissioned within the next ten years. Dr. James Koch, in the State of the Region Report, stated the loss of a carrier would be equivalent to one percent of our regional gross domestic product. It is probably about a Billion Dollar loss to the region. The Congressional Delegation, as well as all Elected Officials, have been briefed. Congresswoman Drake has been very active and has sponsored a Bill, a rider on the Defense appropriation, that would determine they could not jinish the Environmental Impact Statement until analysis is done in the losing locality, which has been left out of the EIS to this date. It is an incomplete process and was left out of the jinal mark up of the Senate Bill. Mayor Oberndorf advised the HRMFFA group is very aware and is preparing their rebuttals. We are all in this together: Norfolk, Portsmouth, Chesapeake, Newport News, Hampton, Virginia Beach, James City County and York County. All understand what this could mean to the residents. Councilman DeSteph advised a carrier, comprised of jive thousand men and with their families, would be a tremendous impact on the community. Mr. Matthias advised there have been discussions with the Navy. Mr. Mathias advised the loss of two (2) large deck amphibious ships would also be equivalent to the loss of an aircraft carrier. The large deck amphibious ships contain approximately twelve to fifteen hundred personnel. Mayor Oberndorf advised there is no funding to move these ships around, dredge the harbour or made other improvements. October 28, 2008 - 23 - CITY COUNCIL COMMENTS ITEM # 58174 Mayor Oberndorf advised she could not attend Dr. James Koch's "State of the Region" speech this morning in Norfolk. Tomorrow morning at 7:30 A.M. at the Higher Education Center, Dr. Koch will again be presenting the "State of the Region ". Mayor Oberndorf requested all to attend. Mayor Oberndorf had suggested Dr. Koch present his report at the Higher Education Center. Visions are sponsoring the State of the Region speech. ITEM # 58175 Council Lady McClanan expressed concern re the Open Mike Session, as the first two City Council Sessions in November have been cancelled. The Open Mike Session shall be held November 18,2008, which is the first City Council Session. ITEM # 58176 Council Lady McClanan advised today, October Twenty-eighth was Councilman DeSteph's Birthday. The Mayor and Members of City Council wished him a very Happy Birthday and a healthy, happy year. ITEM # 58177 Councilman Villanueva referenced the possible necessity of Pat Harrington, Voter Registrar, requesting additional appropriations for overtime. A certain amount was budgeted for this election, but it will probably be far beyond expectations. Today, October 28, 2008, there was a 30-minute wait to vote an Absentee Ballot. Councilman Villanueva has received correspondence from across the Nation re Virginia being one of the pivotal states in this election. Councilman DeSteph advised he received complaints concerning phone lines being constantly busy. He spoke with Dave Hansen, Deputy City Manager, and within two hours, the Voter Registrar's office had additional lines. Dave Hansen advised registered voters are at an all time high. Volunteers from Human Resources and other departments have been assisting with the phones. ComIT has enhanced the Voter Registrar's Web Page with links to the State Election Board website. The individual can type his name with the last four digits of their Social Security number and determine whether or not they are registered to vote. Public Works' staff is available "on call" should a private developer have to close a street because of a sewer connection or other form of infrastructure improvement. The public must have access to their Voting precinct. October 28, 2008 III - 24- AGE N DA REV I E W S E S S ION 4:00 P.M. ITEM # 58178 1. Resolutions to REFER to the Planning Commission for recommendation: a. AMEND f203 of the City Zoning Ordinance (CZO) re parking requirements in the B-3A Pembroke Central Business Core District Deputy City Attorney Kay Wilson distributed a Revised Ordinance. There was a typographical error in the original. Council Lady McClanan expressed concern. Council Lady McClanan wished to be assured the ultimate decision will not be with the consultant. The City Manager advised the proposed amendment authorizes the Planning Director to determine the required number of spaces for each development. In making this decision, the Planning Director shall determine the adequacy of the parking analysis prepared by a licensed professional engineer. ITEM # 58180 2. Resolution re the 2009 Community Legislative Agenda REQUESTING support of same by the City's local General Assembly Delegation Concerning Item 15: Expand Tree Protection Legislative Authority for Conservation during land development process to include other localities, Council Lady Wilson advised City Council Members have been alerted this will create significant financial impact to someone building a new home. The real estate industry is struggling. Council Lady McClanan advised the TBA has always opposed this type of legislation. This is enabling legislation to allow the City to work out a solution. Council Lady Henley would also support. Tree protection was discussed at length in the Green Ribbon Committee. This would allow local governments to be able to tailor ordinances to specific local requirements. Robert Matthias, Assistant to the City Manager, advised the City of Chesapeake has adopted their Legislative Agenda and have included this almost identical language. Clay Bernick referenced the correspondence from Kimley-Horn and Associates, which evaluated the same legislation adopted for Northern Virginia. Their evaluation to the Real Estate industry was it would have minimal, if any, impact. The current legislation does not give the City flexibility on the canopy requirement, but the legislation does not give any authority for any kind of tree conservation (only covering replacement or planting of new trees.) Mr. Matthias distributed an Errata page re Item 1: Arrest or Issuance of a Summons by an Officer Based on Observations of a Different Officer. This has been clarified to allow an Officer who has not observed a misdemeanor or traffic violation to nevertheless stop and ticket an offender for the violation of any misdemeanor or traffic violation. Councilman DeSteph will vote NAY on Items 13 and 15. October 28, 2008 ,11" - 25 - AGE N DA REV IE W S E S S ION ITEM # 58181 9. Ordinances to A UTHORIZE acquisition and the City Manager to execute all documents re: a. 17.64 acres on General Booth Boulevard from the Commonwealth of Virginia for $300,000 re Open Space c. .057 acre near the Lake Smith Fishing Station from Lauren Peyton Bell, Karen and Walter Peyton, Jr. for $13,000 re Open Space Council Lady Henley referenced the open space funding sources. In the last semi-annual report, properties are listed currently under review with funding reserve and neither of these properties are listed. This Open Space Committee examines the funding very closely. The funding is now approximately $7.5-MILLION Council Lady Henley suggested, as the City Council is considering selling excess City property, unless there is some related issue, the revenue generated from properties sold should go to a fund that purchases property. Council Lady Henley suggested the sale of the property at Rudee be placed in the Open Space fund. Councilman DeSteph noted that the proposed in last years Operating Budget, determined the sale of excess property was to provide funding for true neighborhood preservation issues such as the Bayside Recreation Center. Councilman DeSteph still concurs with this concept. Council Lady Henley inquired if there is something specific for the land. Mr. Matthias advised in 1986 Governor Balliles made all the land outside the main post at Camp Pendleton "surplus" and gave the City of Virginia Beach the first right-ofrefusal to buy the property. The City purchased the property with the exception of these parcels. There are no plans for this property at the present time. There are no deed restrictions on this General Booth Boulevard property. Obviously, there are opportunities for open space. ITEM # 58182 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: J. RESOLUTIONS/ORDINANCES 1. Resolutions to REFER to the Planning Commission for recommendation: a. AMEND ~203 of the City Zoning Ordinance (CZO) re parking requirements in the B-3A Pembroke Central Business Core District b. Resort Area Strategic Action Plan 3. Resolution APPOINTING Dana Harmeyer as Assistant City Attorney, effective November 1,2008 4. Resolution re issuance of Residential Care Facility Mortgage Revenue Bonds by the Virginia Beach Development Authority (VBDA), not to exceed $15, 000, OOOJor Westminster-Canterbury of Hampton Roads, Inc. October 28, 2008 II i - 26- AGE N DA REV IE W S E S S ION ITEM # 58182 (Continued) 5. Resolution to REQUEST a $450,000 Grantfrom the Commonwealth Transportation Board re the Thalia Creek Greenway project 6. Resolution to SUP PORT the Virginia Municipal League's (VML) resolution re Municipal Access to Capital Markets to stimulate state and local economies 7. Re Homelessfamities: a. Ordinance to APPROVE the Plan to end Family Homelessness b. Resolution to recognize and express gratitude to the Dragas Family and ACCEPT a $500,000 grantfrom the George and Grace Dragas Family Foundation 8. Ordinance to AUTHORIZE the City Manager to execute an Installment Purchase Agreement with John A. and Mary Sandra Baum re an Agricultural Land Preservation (ARP) easement at 6465 Crags Causeway 9. Ordinances to AUTHORIZE acquisition and the City Manager to execute all documents re: a. 17.64 acres on General Booth Boulevard from the Commonwealth of Virginia for $300,000 re Open Space b. Property at 400 Atlantic Avenue and 205 4th Street from Winifred Murphy, Brenda J. Smith, Faye J. Molnar and Forrest C. Ozburn for $1,500,000 c. .057 acre near the Lake Smith Fishing Station from Lauren Peyton Bell, Karen and Walter Peyton. Jr.for $13,000 re Open Space 10. Ordinance to A UTHORIZE temporary encroachments into portions of City property for Michael C. and Virginia A. Maloney to construct and maintain a pier extension, four pile boat lift. existing dock and deck at 304 Teal Crescent (DISTRICT 7 - PRINCESS ANNE) 11. Ordinance to ACCEPT a Grant and APPROPRIATE $187,060from the Office of Community Oriented Policing Services (COPS) re technology needs 12. Ordinance to GRANT a no-interest loan and revise the 2004 payment schedule for the Virginia Aquarium and Marine Science Center Foundation re a joint renovation project and APPROPRIATE the loan at $1-MILLION Item J.l.a. ( B-3A Pembroke Central Business Core District CZO Amendment) shall be ADOPTED, as CORRECTED, BY CONSENT, (typographical error) Councilman DeSteph shall ABSTAIN on Item J.8. (ARP- John A. and Sandra Baum) Council Lady McClanan shall ABSTAIN on Item J. 9b. (Acquisition property 400 Atlantic Avenue/205 4111 Street. October 28, 2008 : 11" - 27 - AGE N DA REV I E W S E S S ION ITEM # 58183 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: J. PLANNING 1. Applications for the expansion of Nonconforminl! Uses: (DISTRICT 5 - LYNNHA VEN) a. DR. ALAN W. and ELIZABETH MAHANES re alterations and additions to a cottage and garage apartment at 108 A and B 55th Street b. MARTIN SCHARA re addition of a second story to the front dwelling and construction of a new two-story cottage in the rear of 211 70'h Street 2. Application of GEORGE PO WELL for a Conditional Use Permit re bulk storage and a building contractor's yard at 5512 Southern Boulevard (DISTRICT 2 - KEMPSVILLE) 3. Applications of the CITY OF VIRGINIA BEACH to AMEND the City Zoning Ordinance (CZO) and the City Code re Workforce Housing: a. 92102 re definitions of "Affordable ", "Area Median Income ", " Workforce Housing", "Workforce Housing Unit"; deleting "Qualified Buyer", "Qualified Renter" and ADDING "Eligible Buyer" and "Eligible Renter" b. Chapter 16, Article VIII, re definitions and program procedures c. ESTABLISH a Revolving Special Revenue fund d. CONSIDER program documents and provide for execution of legal instruments Item J.2. (GEORGE POWELL) will be APPROVED, BY CONSENT, with revised conditions. October 28, 2008 "11 - 28 - ITEM # 58184 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-3711 (A), Code of Virginia, as amended,for the following purpose: PERSONNEL MATTERS: Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(1) Council Appointments: Boards, Commissions, Committees, Authorities, Agencies and Appointees 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). Witchduck Lake Enterprises, Inc. v. City of Virginia Beach Upon motion by Councilman Uhrin, seconded by Council Lady Wilson, City Council voted to proceed Into CLOSED SESSION at 4:50 P.M. Voting: 9-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, 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: Robert M Dyer and Vice Mayor Louis R. Jones, Councilman Villanueva left after Roll Callfor the Closed Session, not feeling well. (Closed Session: 5:02 P.M. - 5:30 P.M.) (Break: 4: 53 P.M. - 5:02 P.M.) (Dinner: 5:30 P.M. - 5:52 P.M.) October 28, 2008 ,11" - 29- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL October 28, 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 28,2008, at 6:00 P.M Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Vice Mayor Louis R. Jones [Out of City on Business] Robert M Dyer [Mother in hospital] Ron A. Villanueva [left after Roll Call for the Closed Session, not feeling well). INVOCA TION: Reverend Dale Burden. Senior Saints Pastor, Gateway Freewill Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA 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. 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 28,2008 III - 30 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 58185 Upon motion by Councilman Uhrin, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 7-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, and Rosemary Wilson Council Members Voting Nay: None Council Members Abstaining: James L. Wood Council Members Absent: Robert M Dyer, Vice Mayor Louis R. Jones and Ron A. Villanueva Councilman Wood ABSTAINED as he was not present for the discussion in the Closed Sessions. October 28, 2008 ~ II 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 #58184, Page 28, and in accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS: Section 22-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOJif, THEREFORE, BE IT RESOL VED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. uth Hodges Fraser, MMC City Clerk October 28, 2008 ,11" - 31 - Item V-F.1 ITEM # 58186 Upon motion by Councilman Uhrin, seconded by Councilman DeSteph. City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of October 14,2008. Voting: 8-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin" Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer, Vice Mayor Louis R. Jones and Ron A. Villanueva October 28, 2008 : 11" Item V-G.1 ADOPT AGENDA FOR FORMAL SESSION BY CONSENSUS, City Council ADOPTED: - 32 - ITEM # 58187 AGENDA FOR THE FORMAL SESSION October 28, 2008 ,1111 - 33 - Item V-H.1 PUBLIC HEARING ITEM # 58188 Mayor Oberndorf DECLARED A PUBLIC HEARING: SCHOOLS 2009 OPERATING and CAPITAL BUDGET - Amendment There being no speakers, the Mayor CLOSED THE PUBLIC HEARING. October 28, 2008 : 1111 - 34 - Item V-H.2 PUBLIC HEARING ITEM # 58189 Mayor Oberndorf DECLARED A PUBLIC HEARING: INSTALLMENT PURCHASE AGREEMENT Acquisition of Agricultural Land Preservation (ARP) Easement- 6465 Crags Causeway There being no speakers. the Mayor CLOSED THE PUBLIC HEARING. October 28, 2008 111" - 35 - Item V-H.3. MAYOR'S PRESENTATION ITEM # 58190 The Mayor RECOGNIZED the following Boy Scouts in attendance to earn their merit badges: Scout Troop #363 Sponsored by: Haygood United Methodist John J. Questore - Scout Master Robert Hall Matthew Questore Daniel Mullins Zach Mullins Jordan Harris Mayor Oberndorf presented each Scout with a City Seal pin. October 28, 2008 : III' - 36 - Item V-J. RESOLUTIONS/ORDINANCES ITEM # 58191 Upon motion by Council Lady Wilson, seconded by Councilman Dieze!, City Council APPROVED in ONE MOTION Items 1a (AS CORRECTED), lb., 3, 4, 5, 6, 7a./b, 8, 9a.b.c., 10, 11 and 12 of the CONSENT AGENDA. Voting: 8-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph. Harry E. Diezel, Barbara M Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer, Vice Mayor Louis R. Jones and Ron A. Villanueva Councilman DeSteph ABSTAINED pursuant to Section 2.2-3115(G), Code of Virginia, J 8 (Baum ARP Easement) as he owns property abutting this application. Council Lady McClanan DISCLOSED and ABSTAINED pursuant to Section 2.2-3115(G), Code of Virginia, regarding Item J9.b. (400 Atlantic Avenue). 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 28,2008 , 1111 - 37 - Item V-J.1.a. RESOLUTIONS/ORDINANCES ITEM # 58192 Upon motion by Council Lady Wilson, seconded by Councilman Diezel, City Council ADOPTED, AS CORRECTED (typographical error) Resolution to REFER to the Planning Commissionfor recommendation: AMEND 9203 of the City Zoning Ordinance (CZO re parking requirements in the B-3A Pembroke Central Business Core District Voting: 8-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer, Vice Mayor Louis R. Jones and Ron A. Villanueva October 28, 2008 III: 1 A RESOLUTION REFERRING TO THE PLANNING 2 COMMISSION AN ORDINANCE TO AMEND 3 SECTION 203 OF THE CITY ZONING ORDINANCE 4 PERTAINING TO PARKING REQUIREMENTS IN 5 THE B-3A PEMBROKE CENTRAL BUSINESS CORE 6 DISTRICT 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 the above-entitled ordinance, a copy of which is attached, is hereby referred 14 to the Planning Commission for its consideration and recommendation. 15 16 Adopted by the Council of the City of Virginia Beach, Virginia, on the 17 ?Rtn day of October' 2008. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~Ah~ y tf n'eY's Office CA 10899 R-1 October 17, 2008 ,1111 1 AN ORDINANCE TO AMEND SECTION 203 OF THE CITY 2 ZONING ORDINANCE PERTAINING TO PARKING 3 REQUIREMENTS IN THE B-3A PEMBROKE CENTRAL 4 BUSINESS CORE DISTRICT 5 6 WHEREAS the public necessity, convenience, general welfare and good zoning 7 practice so requires: 8 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 12 That the City Zoning Ordinance is hereby amended and reordained by the 13 amendment of Section 203, to read as follows: 14 15 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 16 ALL DISTRICTS 17 18 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 19 PARKING AND OFF-STREET LOADING 20 21 22 Sec. 203. Off-street parking requirements. 23 24 25 26 (g) Notwithstanding any contrary provIsion of this section, within the ~ 27 Pembroke Central Business Core District and B-4C Central Business Mixed Use 28 District, there shall be provided for nonresidential uses, except hotels and uses 29 accessory to hotels, no fewer than three (3) spaces per one thousand (1,000) square 30 feet of gross floor area, and for residential uses no fewer than one and seven-tenths 31 (1.7) spaces per dwelling unit. Parking requirements for hotels and uses accessory to 32 hotels shall be as specified in subsection (a). Within the B-3A Pembroke Central 33 Business Core District. parkina reauirements shaU be determined in accordance with a 34 parkina analysis prepared by a licensed professional enaineer. The plannina director 35 shall determine the adeauacy of the analysis and its compliance with the other 36 provisions of this section. 37 38 (h) Notwithstanding anything in this ordinance to the contrary, required off-street 39 parking for any use located on property within the B-3A Pembroke Central Business 40 Core District or B-4C Central Business Mixed Use District may be made available for 41 use by the general public as well as by the customers or patrons of such use. The 42 required number and dimensions of parking spaces shall be as specified in this section, 43 and no parking space shall be used to satisfy the parking requirement of more than one 44 (1) establishment~, except in the B-3A Pembroke Central Business Core District. 45 46 (i) Parking requirements for uses within the B-3A Pembroke Central Business 47 Core District or B-4C Central Business Mixed Use District may be satisfied by anyone, 48 or a combination of, the following: III, 49 50 (1) On-site parking; 51 (2) Off-site parking facilities, as set forth in section 901 of this ordinance; or 52 (3) Public parking, if the Planning Director determines (i) that there is at least a 53 sufficient number of public parking spaces located within the same 54 development phase of the B-3A District or B-4C District as the proposed use 55 to meet public parking demands; (ii) that such public parking spaces are not 56 used to satisfy the parking requirements of any other use, and (iii) that the 57 use of such public parking spaces to satisfy the parking requirements of the 58 proposed use, either wholly or partially, is warranted in light of the following 59 considerations: 60 61 A. The extent to which the proposed use advances the goals and objectives of 62 the B-3A Pembroke Central Business Core District or B-4C Central Business Mixed Use 63 District, as the case may be, as stated in section 900 of the City Zoning Ordinance; 64 65 B. The extent to which the proposed use conforms to the Urban Design Plan 66 component of the Virginia Beach Central Business District Master Plan if such proposed 67 use is within the B-3A Pembroke Central Business Core District or, if the proposed use 68 is within the B-4C Central Business Mixed Use District, the extent to which it conforms 69 to the Mixed Use Development Guidelines; and 70 71 C. The amount of the projected tax revenue to be generated by the proposed 72 use and improvements. 73 74 For purposes of this section, the term "parking requirements" shall mean the 75 number of off-street vehicular parking spaces required by this section. 76 77 COMMENT 78 79 This amendment will allow the Planning Director to more accurately determine the 80 required parking for the B-3A zoning district through the use of a parking analysis rather than 81 specific numerical requirements. This is needed because of the unique qualities of this mixed use 82 development. of Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2008. day APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA 10888 / R-4 / October 20, 2008 Illi - 38 - Item V-J.1.h RESOLUTIONS/ORDINANCES ITEM # 58193 Upon motion by Council Lady Wilson, seconded by Councilman Diezel, City Council ADOPTED, AS CORRECTED (typographical error) Resolution to REFER to the Planning Commissionfor recommendation: Resort Area Strategic Action Plan Voting: 8-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph. Harry E. Diezel, Barbara M Henley, Reba S. McClanan, Mayor Meyera E. Oberndorj, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer, Vice Mayor Louis R. Jones and Ron A. Villanueva October 28, 2008 11111 1 A RESOLUTION REFERRING TO THE PLANNING 2 COMMISSION THE VIRGINIA BEACH RESORT 3 AREA STRATEGIC ACTION PLAN FOR 4 CONSIDERATION AND RECOMMENDATIONS 5 WHEREAS, the public convenience, general welfare and good zoning practice so 6 require; 7 WHEREAS, the Planning Department briefed City Council in regard to the 8 Virginia Beach Resort Area Strategic Action Plan on October 14, 2008 and presented 9 an action plan for the resort area which is attached; and 10 11 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 12 OF VIRGINIA BEACH, VIRGINIA: 13 14 That the Virginia Beach Resort Area Strategic Action Plan is hereby referred to 15 the Planning Commission, for its consideration and recommendation. 16 17 Adopted by the Council of the City of Virginia Beach, Virginia, on the 18 28th day of October ,2008. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: \W "'". 1- r ... CA 10890 R-1 October 14, 2008 4-5 STORIES 1ST FLOOR 3.5 STORIES ..( ------EXISTING ROADWAY 51' ",..i' 4-5 1111 - 39 - Item V-J.2. ORDINANCES/RESOLUTIONS ITEM # 58194 Thefollowing regi~tered to speak in SUPPORT: Billy Almond, 209 70Th Street, Phone: 422-9522, Licensed Landscape Architect and member of the Green Ribbon Committee, spoke re Item 15: Expand Tree Protection Legislative Authority for Conservation during land development process to include other localities. This will have a positive effect on all the eco system services received from land. When trees are removed, more than vegetation is removed. Trees clean water, air, moderate climate and provide wildlife habitat and biodiversity. Tree preservation technology exists today that enable properly designed site development to occur while preserving existing stands offorest and individual trees. The marketability of property with older vegetation is much higher and sells faster than clear-cut sites with small, recently installed trees. An excellent example of tree preservation technology is Norfolk International Airport, developed within a Forested Botanical Garden over the last forty (40) years. Karen Forget, 1608 Pleasure House Road, Phone: 962-5398, represented the Green Ribbon Committee, and supported Item 15: Expand Tree Protection Legislative Authority for Conservation during land development process to include other localities. This authority was given to the communities in Northern Virginia during the last Legislative Session and is a tool the City could utilize. This does not mandate any particular standards or legislation. In Northern Virginia, it was based on non attainment of air quality standards. Fortunately, Virginia Beach is not in that condition. Having these tools available, will lead to prevention of this condition of air quality. Trees are important for the quality of life. Virginia Beach stands to be a leader on the East Coast re environmental protection and sustainability. Upon motion by Councilman Diezel, seconded by Council Lady Wilson, City Council ADOPTED: Resolution re the 2009 Community Legislative Agenda and REQUESTING support of same by the City's local General Assembly Delegation Voting: 8-0 Council Members Voting Aye: William R. "Bill" DeSteph*, Harry E. Diezel, Barbara M Henley, Reba S. McClanan, Mayor Meyera E. OberndorJ, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer, Vice Mayor Louis R. Jones and Ron A. Villanueva *Councilman DeSteph voted a VERBAL NA Y on Items 13 and 15. October 28, 2008 ; III 1 A RESOLUTION ADOPTING THE CITY'S 2009 2 COMMUNITY LEGISLATIVE AGENDA 3 4 WHEREAS, the City Council traditionally adopts a Community Legislative 5 Agenda and requests member of the City's local delegation to the General Assembly 6 sponsor and/or support legislation therein; and 7 8 WHEREAS, the City Council has considered a number of goals and objectives 9 for inclusion in the City's 2009 Community Legislative Agenda. 10 11 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That the City Council hereby adopts the City's 2009 Community Legislative 15 Agenda, which is attached hereto as Exhibit A and is hereby incorporated by reference. 16 17 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 18 BEACH, VIRGINIA: 19 20 That the City's Delegation to the General Assembly is hereby requested to 21 sponsor and/or support legislation in the 2009 Session of the General Assembly that 22 would carry out the goals and objectives of the City as set forth in its Community 23 Legislative Agenda. 24 25 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 26 BEACH, VIRGINIA: 27 28 That the City Clerk is hereby directed to transmit a copy of this resolution to each 29 member of the City's local Delegation to the General Assembly. 30 31 Adopted by the City Council of the City of Virginia Beach, Virginia, this 28th 32 day of October , 2008. APPROVED TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~M~ City anager's Office C~~ffir:- CA10851 R-2 September 24, 2008 : III COMMUNITY LEGISLATIVE AGENDA GENERAL ASSEMBLY SESSION 2009 CITY OF VIRGINIA BEACH BUILDING '~ COMMUNITY FOR A LIFETIME" MUNICIPAL CENTER BUILDING ONE 2401 COURTHOUSE DRIVE, SUITE 234 VIRGINIA BEACH, VIRGINIA 23456 Adopted 10/28/08 : III 2009 COMMUNITY LEGISLATIVE AGENDA CITY OF VIRGINIA BEACH TABLE OF CONTENTS TABLE OF CONTENTS - PREFACE- CITY OF VIRGINIA BEACH 2009 REQUESTED CODE OF VIRGINIA CHANGES - 1. Arrest or Issuance of a Summons by an Officer Based on the Observations of a Different Officer 2. Issuance of a Warrant in a DUI Case by an Officer Based on the Observations of the Arresting Officer 3. DUI Cost Recovery Program 4. Raise Accident Report Damage Threshold to $2500 5. Energy Conservation 6. CSA Administrative Allocation 7. Loss of Medicaid Eligibility for Teens in Foster Care with Earned Income 8. Prohibit Possession of Firearms and Other Delineated Weapons in Mental Health Facilities 9. Allow VRS to Administer the Other Post Employee Benefits (OPEB) Trust 10. Four Year State-Supported College in Virginia Beach 11. Capture of Sales Tax from Tourism Related Venue 12. Assessment for Courthouse Construction, Renovation or Maintenance 13. Smoke Free Restaurants 14. Expand Definition of Firearms to Include Replica and Gas & Air Weapons 15. Expand Tree Protection Legislative Authority for Conservation During Land Development Process to Include Other Localities 16. Expansion of the Virginia Human Rights Act 17. Revise Chesapeake Bay Regulations to Include Water Features like Pools and BMP's as Permeable Surfaces CITY OF VIRGINIA BEACH FUNDING ITEMS - 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 Page 1 Page # 1-2 3-4 5-21 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22-30 23 24 25 26 27 28 ( }L ldhi,.'f :~\ 1\ 7. 8. Funding For the Virginia Tourism Corporation Support For Increased Funding For the Governor's Opportunity Fund ApPENDIX: DRAFTS OF PROPOSED LEGISLATION - KEVED TO REQUESTED CODE CHANGES 1. Arrest or Issuance of a Summons by an Officer on the Observations of a Different Officer 2. Issuance of a Warrant in a DUI Case Based on the Observations of the Arresting Officer 3. DUI Cost Recovery Program 4. Raise Accident Report Damage Threshold to $2500 12. Assessment for Courthouse Construction, Renovation or Maintenance 14. Expand Definition ofFirearrns to Include Replica and Gas & Air Weapons Page # 29 30 31-41 32 33-34 35 36 37 38-41 Page 2 \jL~I\hcc__ -'{ll,~\ 2009 COMMUNITY LEGISLATIVE AGENDA CITY OF VIRGINIA BEACH PREFACE The 2009 session of the General Assembly will take place during the second year of the Commonwealth's adopted biennial budget and eight months before the statewide elections for Governor, Lieutenant Governor, Attorney General, and all 100 House seats. Despite the impending elections, we believe there are important, ongoing issues that must be addressed. The most important and pressing challenge the City of Virginia Beach is facing concerns transportation. When City Council adopted its 2008 Legislative Agenda, that document was based on HB 3202's commitment to address funding for the region's six major projects. Unfortunately, the State Supreme Court later found most of HB 3202 to be unconstitutional, leaving the region without the financial means to move forward with these projects. In the meantime, the need has been compounded by the addition of the Hampton Roads Bridge Tunnel to the project list. The result is that Route 460, the Southeastern Parkway and Greenbelt, 1-64 on the Peninsula and Southside, the Hampton Roads Third Crossing and the Hampton Roads Bridge Tunnel may have to be removed from the regional long-range transportation plan because that plan must be fiscally constrained by Federal law and regulations. For 2009, we are respectfully requesting that the General Assembly address this issue quickly. A significant increase in funding will enable us to maintain roads that have fallen into serious disrepair. Allocating dollars to the statewide funding program for urban, secondary and primary roads, as well as transit, is also critical. In the past, the State has increased funding for this basic public service so that the City could provide for the transportation needs of our citizens. For example, in 1985 the City received approximately $6 million per year in urban funding. By 2004, that figure had increased to nearly $30 million per year. Yet the current six year plan will reduce our allocation to less than $10 million per year. Considering the growth in our transportation infrastructure and the impact of inflation, it is clear that the level of state funding for transportation is not meeting the needs of our citizens. Finally, the City Council has consistently requested that the State provide $275 million per year in ongoing funding through General Assembly action, as well as the ability to toll the six major projects mentioned above. According to Metropolitan Planning Organization (MPO) estimates, it is likely that another $40 to $50 million per year will be needed to supplement the tolls and the Hampton Roads Bridge Tunnel. Page 3 i L... Ii \. ~\iP~ The City is also facing challenges in the area of education. As you are aware, education at the K-12 level has always been a partnership between the Commonwealth and local governments. During the 2008 session, there was a move to fundamentally change that partnership by reducing future appropriations to local governments. This would have been accomplished by changing the current standards of quality (SOQ's) and what is included in those standards. The City currently spends almost $200 million in local tax dollars above what is required to meet the standards of quality. We believe this commitment is necessary to provide an education for our children that will prepare them to compete successfully in the global market place. They do not consider the teacher salary increases given by the Virginia Beach School Board that are above and beyond the salaries provided by the General Assembly to be part of the cost sharing between the Commonwealth and the City. Furthermore, Delegate Joannou, a member of the Joint Legislative Audit and Review Commission (JLARC), who is also a member of the House Appropriations Committee, desires to cut state funding for the employer share of teachers' social security benefits. If enacted, this would represent a significant decrease in state funding for education. Rather than considering reducing its share of education funding, the General Assembly should instead fully fund the true cost of the SOQs In closing, the City Council repeats its request that the State fully fund the true cost of State government services such as courts, corrections, mental health services and public health. For several years, the City has paid a larger and larger share of these State responsibilities because we must retain employees and provide critical services to our citizens. We ask that the Commonwealth stop this trend of under-funding these important and basic efforts. Page 4 Ie '''. ":(l\ CITY OF VIRGINIA BEACH 2009 REQUESTED CODE OF VIRGINIA CHANGES 1. ARREST OR ISSUANCE OF A SUMMONS BY AN OFFICER BASED ON OBSERVATIONS OF A DIFFERENT OFFICER Chief A.M Jacocks Department of Police Background Information: The State Code authorizes an officer who has not observed a misdemeanor or traffic violation to nevertheless stop and ticket an offender for only red light violations and speeding upon receipt of a radio transmission from the officer observing the violation (~ 46.2-833 and ~ 46.2-882). Present traffic volume, especially in heavily populated jurisdictions, and the manner in which highways are now being constructed, makes it extremely difficult for a single officer to position him or herself and the officer's police vehicle at a place where the officer can both observe infractions and then be able to promptly exit the location in order to stop the violator. While the "team" policing concept has been recognized in other states, it has not been widely accepted in Virginia. Additionally, as the technology has become available, more and more police departments are using camera systems to monitor critical, and vulnerable, areas of the community in an effort to suppress criminal activity. Frequently officers monitoring these real-time camera systems observe criminal activity and direct other officers to respond. Unfortunately, the responding officers are usually unable to make any arrests, as they did not observe the original criminal activity . Request: A. The City requests that the General Assembly expand the authority granted under ~ 46.2-833 (red lights) and 9 46.2-882 (speeding) to allow an officer who has not observed a misdemeanor or traffic violation to nevertheless stop and ticket an offender for the violation of any misdemeanor or traffic violation upon receipt of a radio transmission from the officer observing the violation. B. The City also requests that the code be revised to allow officers to make an arrest or issue a summons based on the observations of another officer, regardless of whether observing officer used a camera or similar device to view the conduct. See Appendix Item 1 (page 32) for text of proposed legislative change. Page 5 l. ( 11I1 2. ISSUANCE OF A WARRANT IN A DUI CASE BY AN OFFICER BASED ON THE OBSERVATIONS OF THE ARRESTING OFFICER Chief A.M Jacocks Department of Police Request: The City requests that the General Assembly change Virginia Code 9 19.2-81 to enable a police officer to stop and arrest an intoxicated driver and transfer that arrest to another police officer. This change would allow supervisors and specialized officers, such as K-9 and SWAT officers, to remain available. The arresting officer or supervisor would still appear in court to testify. This recommended change is similar to the modification that was made several years ago to allow marine police officers to transfer a boating under the influence violation to another police officer. See Appendix Item 2 (pages 33-34) for text of the requested legislative change. Page 6 11I1 3. DUI COST RECOVERY PROGRAM Chief A.M Jacocks lJeparhnentofPonce Request: The City requests that the General Assembly change Virginia Code 9 15.2-1716 to clarify the DUI cost recovery program as it applies DUI arrests. The Attorney General has issued an opinion that the current statute only applies in cases involving an accident (See, 2004 Op. Va. Atty. Gen. 68) See Appendix Item 3 (page 35) for text of the requested legislative change. Page 7 ,",,' i.'; ; III 4. RAISE ACCIDENT REpORT DAMAGE THRESHOLD TO $2500 Chief A.M Jacocks Department of Police Background Information: State Code ~ 46.2-373 requires law enforcement officers to submit an accident report if total damage to all involved vehicles exceeds $1,000. This dollar amount was set approximately 10 years ago and is much too low based on the current cost to repair vehicles. Request: The City requests that the General Assembly increase the required accident report damage amount to $2,500. This change would greatly reduce the amount of paperwork necessary at minor accident scenes, reduce the burden on the courts in their attempt to determine fault, and reduce the time officers spend investigating minor accidents. See Appendix Item 4 (page 36) for text of the requested legislative change. Page 8 ,', i l',};.! I1I1 5. ENERGY CONSERVATION Bob Matthias Assistant to the City Manager Office of the City Manager Background Information: This is a placeholder for a possible issue still being researched by staff. Staff is investigating what authority local governments, including Virginia Beach, have to allow density credits for energy efficient buildings, in addition to whether localities have any ability to require more energy conservation in buildings constructed. Weare also examining whether the State can allow tax rebates or credits, both at the state and local level, for those who build energy efficient buildings. Finally, the Commonwealth's Climate Change Commission is meeting next week as a part of a series of meetings. We are following that Commission to see what recommendations may come for both statewide enabling legislation, and also enabling legislation for localities. Page 9 " 1111 6. CSA ADMINISTRATIVE ALLOCATION Bob Morin Department Director Department of Human Services Background Information: The funding formula to carry out the provisions of the Comprehensive Services Act defines the formula for local administrative costs based upon pool allocations from 1997. The maximum allocation any locality can receive for administrative costs is $50,000. This amount has not increased in the past 8 years, despite continuing increases in the oversight responsibilities of CSA. FY 07 expenditures for CSA in Virginia Beach were $10,838,856, which required a supplemental request of additional state and local dollars. For FY 08, the CSA allocation is $11,771,757. Covering additional administrative costs on top of the local share of any supplemental request for child-specific services is an undue hardship. Request: The City requests that the General Assembly amend Title 2.2, Chapter 52 of the Code of Virginia to eliminate the maximum administrative allocation of $50,000 in order to improve localities ability to meet the administrative requirements of the CSA and to permit a maximum amount equal to 2% of the allocation to be used for administrative costs. Page 10 \dl1j'd:,..'d i)... d'1Ll~' , III 7. Loss OF MEDICAID ELIGIBILITY FOR TEENS IN FOSTER CARE WITH EARNED INCOME Bob Morin Department Director Department of Human Services Background Information: Under current Virginia law, the local Department of Social Services must discontinue Medicaid to a foster care child between the ages of 19 and 21 if the foster child earns more than $208.33 in gross income per month. These foster children need to have the benefit of Medicaid to cover the cost of their medical expenses, and they also need to have the opportunity to earn income beyond the current limitations. This law appears to be in direct conflict with the independent living program for foster children, which was designed to assist children in foster care aged 16-21 in becoming self-sufficient. Achieving the goal of self-sufficiency must include the opportunity for youth to earn income that will prepare them for survival in an independent living situation. Request: The City requests that the General Assembly amend title 32.1 of the Code of Virginia to allow foster children between the ages of 19-21 to be exempt from the income limitation, thus allowing them to remain eligible for Medicaid. This would give older foster children the opportunity to earn the income necessary to achieve the goal of self-sufficiency. Page 11 ,'., "11 8. PROHIBIT POSSESSION OF FIREARMS AND OTHER DELINEATED WEAPONS IN MENTAL HEAL TH FACILITIES Bob Morin Department Director Department of Human Services Background Information: The General Assembly passed legislation in 2003 (codified at Virginia Code 9 15.2-915) which prevents localities from prohibiting or restricting the carrying of weapons into City buildings. As a result, the City may no longer prohibit people from bringing firearms into the City's Mental Health and Mental Retardation and Substance Abuse Services facilities. Request: Code of Virginia S 18.2-308.1 prohibits the possession of firearms and other delineated weapons on school property. The City requests that the General Assembly enact a similar statute that would prohibit weapons on the premises of any Mental Health or Mental Retardation and Substance Abuse facility that is operated by a governmental entity, except when such weapons are in the possession of licensed security personnel or law enforcement officers. Page 12 _\~. \ I ' "11 9. ALLOW VRS TO ADMINISTER THE OTHER POST EMPLOYEE BENEFITS (OPE B) TRUST Patti Phillips Department Director Department of Finance Background Information: The 2007 General Assembly adopted SB789 which allows localities, school divisions, and certain political subdivisions to establish local trusts to fund post employment benefits other than pensions (OPEB). The original bill included the option of having VRS set up an OPEB trust for localities, but this provision was stricken upon final passage. VRS was amenable to taking on this task. It is still a good idea for VRS to take on this role so that the trusts can be professionally managed. Request: The City requests that the General Assembly amend the Code of Virginia by adding in Chapter 15 of Title 15.2 an article numbered 8, consisting of SS 15.2-1544 through 15.2-1549 to include the establishment and management of a pooled OPEB trust fund for localities by VRS. Page 13 d~ ; I I' II : III 10. FOUR YEAR STATE-SUPPORTED COLLEGE IN VIRGINIA BEACH Marcy Sims Department Director Department of Public Libraries Background Information: City Council has consistently been on record requesting a four year State-supported university be created within the City of Virginia Beach. Request: The City recommends that the General Assembly investigate this request either through a study done by the State Council of Higher Education (SCHEV) or some other agency addressing of this issue. Page 14 I ,~ \t ~i II ,\ ,i I, 'III 11. CAPTURE OF SALES TAX FROM TOURISM RELATED VENUE James Spore City Manager Office of the City Manager Background Information: A number oflocalities, starting with Roanoke in 1995, have received authority from the General Assembly to capture a portion of the sales tax generated in a specific public facility such as an auditorium, a coliseum, a convention center, or a conference center. These jurisdictions which now include Norfolk, Richmond, Hampton, Newport News, Portsmouth, Salem, Staunton and Suffolk can retain 3 lh % of the 5% sales tax generated within a designated facility to pay debt service. Virginia Beach wishes to receive this authority for a similarly defined project. Request: The City requests that the General Assembly amend ~ 58.1-608.3 to add Virginia Beach to the localities that already have this authority. Page 15 \, ,(i "- ~, 1111 12. ASSESSMENT FOR COURTHOUSE CONSTRUCTION, RENOVATION OR MAINTENANCE Catheryn Whitesell Department Director Department of Management Services Background: The legislation enabling localities to assess a fee for courthouse construction, renovation or maintenance in civil and criminal cases was enacted by the General Assembly in 1990. The maximum fee amount of $2 has not been increased since then. An increase in the fee from $2 to $10 would provide the City more than $550,000 a year. This money could be used to fund maintenance of existing facilities or debt service for new facilities such as the much-needed jail annex. Request: The City requests the General Assembly amend the Code of Virginia S 17.1-281 increase the fee from $2 to $10. See Appendix Item 12 (page 37) for text of the requested legislative change. Page 16 "\ ( .:\ill\ I' III 13. SMOKE FREE RESTAURANTS City Council City of Virginia Beach Background Information: City Council requests the General Assembly to either prohibit smoking in restaurants statewide or adopt enabling legislation that would allow localities to prohibit smoking in restaurants. The City Council supports this legislation in the interest of public health, not only for the citizens who might wish to go to a smoke free establishment, but also for hospitality workers who are exposed to second-hand smoke in a smoking establishment. Request: The City requests that the General Assembly prohibit smoking in restaurants statewide or enact legislation to enable localities to prohibit smoking in restaurants. Page 17 { )~'Inher .~\ "'j l~ I' . ; III 14. EXPAND DEFINITION OF FIREARMS TO INCLUDE REPLICA AND GAS & AIR WEAPONS Jim Wood City Council Member Background Information: There have been increasing instances in which Police officers have responded to situations where an individual was using/brandishing a "replica" firearm. These are instruments that are similar in appearance to conventional firearms but are toys or air- or gas-operated weapons. Many of these instruments look so much like pistols or revolvers that a reasonable observer could conclude that the instruments are firearms. Request: The City requests that the General Assembly amend the state code to expand the definition of firearms in the sections relating to concealed carrying (s 18.2-308), possession on school property (918.2-308.1), possession/transportation by a felon (s 18.2-308.2) and use/display of firearm in the commission of a felony (SI8.2-53.1) to include replica weapons and air- or gas-operated weapons. These requested changes may prompt the General Assembly's Legislative Services Division to revise Virginia Code S 15.2-915.4. That code section authorizes localities to regulate the use of "pneumatic guns," which is defined therein as "any implement, designed as a gun, that will expel a BB or pellet by action of pneumatic pressure." See Appendix Item 14 (pages 38-41) for text ofthe requested legislative changes. Page 18 I i Ii i III 15. EXPAND TREE PROTECTION LEGISLATIVE AUTHORITY FOR CONSERVATION DURING LAND DEVELOPMENT PROCESS TO INCLUDE OTHER LOCALITIES City Council City of Virginia Beach Background: A regional Ecosystem Analysis of the Chesapeake Bay Watershed, sponsored by USDA, and American Forests, recommends developing urban canopy goals to a 40% canopy overall. The City's current Appendix E, Tree Planting, Preservation and Replacement Ordinance, limits Virginia Beach's requirement to a sliding scale that ranges from 1% to 6% of canopy, depending upon the lot size in residentially zoned areas. In addition, street trees are required in conjunction with new residential subdivisions. Non-residential tree planting requirements are established on a case-by-case basis through the provisions outlined in Section 5A Parking Lot and Foundation Landscaping, of Appendix C, Site Plan Ordinance. Collectively, these limitations can be only be exceeded by encouraging conservation, reforestation, planting on public property, and by encouraging private plantings. During the 2008 General Assembly session, legislation was adopted (HB 1437) providing that localities in Northern Virginia may, by ordinance, require conservation of trees during the development process. The bill also provides that the tree conservation ordinance may require that the site plan for any subdivision or development provide for the preservation and replacement of trees on the development site such that the minimum tree canopy or tree cover percentage 20 years after development is projected to be as follows: (i) 10 percent tree canopy for a site zoned business, commercial, or industrial; (ii) 10 percent tree canopy for a residential site zoned 20 or more units per acre; (iii) 15 percent tree canopy for a residential site zoned more than eight but less than 20 units per acre; (iv) 20 percent tree canopy for a residential site zoned more than four but not more than eight units per acre; (v) 25 percent tree canopy for a residential site zoned more than two but not more than four units per acre; and (vi) 30 percent tree canopy for a residential site zoned two or less units per acre. Finally, the bill mandates that any tree conservation ordinance provide for certain deviations from the canopy requirements. The urban forestry needs and goals of all municipalities are similar, as outlined by the Virginia Department of Forestry. With amendments to the enabling legislation to allow all localities to implement tree conservation ordinances such as Northern Virginia, local governments will be able to tailor ordinances to specific local requirements. The Virginia Urban Forest Council supports such an amendment. Expanding tree protection legislative authority enables the City to move forward toward accomplishing Green Ribbon Committee recommendations and to continue to ramp up our sustainability/Go Green VA Ini tiati ves. Request: The City requests the General Assembly amend Virginia Code ~ 15.2-961.1 to provide that all localities, not just Northern Virginia, may implement the above outlined requirements, eliminating the "non attainment area for air quality purposes" provision that is currently in the adopted legislation for Northern Virginia localities. Page 19 i:-. ; III 16. EXPANSION OF THE VIRGINIA HUMAN RIGHTS ACT Virginia Beach Human Rights Commission Background: The Virginia Human Rights Act (Va. Code S 2.2-3900 et seq.) currently prohibits discrimination based on race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, or disability. The City of Virginia Beach has prohibited the aforementioned since 1994. Request: The City requests that the General Assembly amend the Virginia Human Rights Act to also prohibit discrimination based on sexual orientation. Page 20 ; \:!'- ': \ ;1 ~ \. I' : III 17. REVISE CHESAPEAKE BAY REGULA nONS TO INCLUDE WATER FEATURES LIKE POOLS AND BMP's AS PERMEABLE SURFACES City Council City of Virginia Beach Background: Title 9, Chapter 10 of the Virginia Administrative Code sets forth the regulations governing the implementation and administration of the Chesapeake Bay Preservation Act (Sections 10.1-2100 through 10.1-2112 of the Code of Virginia). Section 120 and 130 of Chapter 10 establish General Performance Criteria and Development Criteria for Resource Protection Areas. It is the position of the staff of the Department of Conservation and Recreation and the Chesapeake Bay Local Assistance Board that the surface area of swimming pools and BMP's be considered as impervious surfaces to fully comply with the intent of these regulations. The City is of the opinion that the surface area of swimming pools and BMP's in effect accomplish water quality protection by reducing the amount of runoff within the Chesapeake Bay Preservation Area and therefore should not be considered as impervious for the purpose of calculating stormwater runoff. Request: The City requests the General Assembly adopt a resolution requesting that the Virginia Department of Conservation and Recreation and the Chesapeake Bay Local Assistance Board amend Title 9, Chapter 10 of the Virginia Administrative Code to specify water features like pools and BMP's are considered as permeable surfaces for the purpose of calculating stormwater runoff. Concurrently, City staff is also continuing efforts to attempt to address this issue by reaching a mutually acceptable position that will negate the need for a regulatory change through ongoing negotiations with the staff of the Virginia Department of Conservation and recreation, Division of Chesapeake Bay Local Assistance, and with representatives of the local development community. Page 21 'l III CITY OF VIRGINIA BEACH 2009 FUNDING ITEMS The City Council of Virginia Beach recognizes the Commonwealth, as well as the City, are facing very difficult and trying fiscal realities. Nevertheless, the City Council is including these requests for funding to the Commonwealth for non-state agencies, as well as State responsibilities that are under funded. Many of these requests are long standing, others are new; all merit funding by the Commonwealth when resources are available. Page 22 ~ )lL\)11l~r .~~. ~i , III 1. VIRGINIA AQUARIUM & MARINE SCIENCE CENTER-OCEAN IN MOTION AQUARIUM TRUCK Lynn Clements Department Director Museums Background Information: The Virginia Aquarium & Marine Science Center requests $900,000 to support the Ocean in Motion program, which carries marine science education to schools and festivals across the Commonwealth of Virginia. The current Ocean in Motion aquarium truck has been bringing live marine animals and interactive programming to students since 2001. In that time, we have reached 175,377 students from the Coastal Plain to the far reaches of southwest Virginia. In 2006 alone, Ocean in Motion traveled to more than 55 Virginia cities across 21,900 miles to visit 75 schools and 25,213 students. As we face new environmental challenges such as global warming, schools must have resources such as Ocean in Motion to enhance their science curriculum and inspire future scientists. We provide an experience that no textbook can duplicate - sea stars and horseshoe crabs to touch in the classroom and native fishes to watch aboard the truck. Without this type of experientia11earning, students do not build emotional connections to the Bay and ocean, only intellectual ones. According to Richard Louv in his book Last Child in the Woods: Saving Children from Nature Deficit Disorder, individuals with emotional connections to the environment are the ones most likely to develop a strong stewardship ethic. This funding would allow Ocean in Motion to continue as a key educational component for fostering stewardship of the Chesapeake Bay and the ocean in our young people. This traveling aquarium allows Aquarium educators to reach students who might not have the opportunity to see the ocean or the Chesapeake Bay in person. This experience is critical to developing "Bay and ocean literacy" in our citizens. Ocean literacy is an understanding of the ocean's influence on you and of your influence on the ocean. If you are ocean-literate, you understand how the ocean functions, can communicate about the ocean in a meaningful way, and are able to make informed decisions about the ocean and its resources. This concept was developed in 2004 by 100 ocean science and education professionals under the guidance of The National Geographic Society and NOAA. The work addresses the state of ocean and aquatic science in the classroom: It is one of the most "under-taught" subjects in K-12. The current reality is that citizens are not properly educated to deal with issues related to the ocean and to the Chesapeake Bay, both of which are important resources to the state. Request: The Virginia Aquarium is asking the General Assembly for $900,000 to: . purchase a replacement Ocean in Motion vehicle outfitted with state-of-the art aquariums; . upgrade the vehicle's onsite "docking" facilities; . expand the holding systems for marine species used in outreach; . And support the staffing critical to the success of the program. Mileage and salt water have started to take their toll on the existing vehicle, which will need to be replaced within two years. We will add a large "truck port" to protect the vehicle from the elements and provide shelter for staff doing weekly maintenance. We plan to increase the number of animals carried aboard the truck and will need additional holding space for them in our upcoming Marine Animal Care facility. Finally, the success of the program hinges on having qualified staff to coordinate with schools, conduct the programs, handle routine vehicle maintenance, and provide care to the animals and life support systems. Page 23 .~I Ii Ii ! III 2. SUPPORT FOR REGIONAL PLAN FOR GEROPSYCHIATRIC SERVICES Bob Morin Department Director Human Services Background Information: Over the past several years, Eastern State Hospital has been undergoing a transformation from a nearly 500 bed hospital to a planned 300 bed facility. In 2006, plans for the demolition of the existing hospital and reconstruction of two new and smaller facilities were announced. The first phase of the project was to rebuild Hancock Geriatric Unit into a 150 bed facility, resulting in a loss of approximately 70 beds. The new Hancock Geriatric Unit opened on 4/1/08. The resulting loss of capacity for long term inpatient services for this fragile and growing population has led the Executive Directors in Health Planning Region V (HPR V represents CSB's of Colonial, Chesapeake, Eastern Shore, Hampton/Newport News, Middle Peninsula, Norfolk, Portsmouth, Virginia Beach, and Western Tidewater) to research and assess the system of services that would be necessary to serve this population in a community setting. In early 2007, a task force was created to develop strategic recommendations for a regional plan for geropsychiatric services in HPR V. Older Americans are the fastest growing segment of the population in the nation. In 2000, persons over the age of 65 made up 12.4% of the population. By 2030, this number is estimated to be 25% (representing over 70 million Americans). Virginia's seniors are growing at a more rapid rate and are expected to reach the 25% level by 2025. The assumptions used in development of the proposed services recognize that aging in place in the least restrictive environment is preferable and that in order to assure good stewardship of the resources, consistent service outcomes and cost effective treatment must be provided. The task force researched existing statistical data, current services, service gaps, and documented need to develop a comprehensive system of care to meet the needs of the aging population in the region. There were a number of stakeholders, public and private, facility and community based, including service recipients and caregivers that contributed to the identification of service needs that were included in the plan. The resulting document outlines a continuum of care including inpatient, skilled nursing care, nursing home care, assisted living, adult foster care, respite, intensive outpatient, partial hospitalization, day treatment and support options, mobile outreach and triage, case management, and workforce development and training. (A copy of the complete plan is available upon request.) The proposed services are set up in a menu format that allow for maximum efficiency and placement across the region and can be funded in a phased approach if necessary. The total funding request is $7,371,578. This is excluding anticipated fees to cover remaining costs. Request: During the last General Assembly Session, there was a Budget Amendment submitted that would have provided substantial funding towards "more fully funding" systems of care in HPR V and in the Northern Virginia area (HPR II), and for funding the development of systems of care in the remaining 5 regions of the state. Support is requested for resubmission of a budget amendment to provide the proposed services as outlined in the HPR V Regional Plan for Geropsychiatric Services. Page 24 \d\~p!_c.J { d'L~r ~0. III 3. SUPPORT FOR ADDITIONAL STATE GENERAL FUND DOLLARS FOR MENTAL HEALTH AND MENTAL RETARDATION Bob Morin Department Director Human Services Background Information: There continues to be substantial need in the community for mental health, mental retardation and substance abuse services, as evidenced by growing waiting lists for community-based care. There also continues to be substantial needs in child- care, housing, employment, health care, and transportation for low income and disabled families. Seniors represent the fastest growing underserved population in Virginia. DHS staff, along with representatives from other CSB' s in the region has recently completed a system of care plan for geropsychiatric services that will help to address the unmet needs of seniors who will no longer be able to be served in a downsized Hancock Geriatric Center at Eastern State Hospital. (Copy of the full plan is available upon request). Request: The City of Virginia Beach is requesting that the General Assembly fully fund the mental health, mental retardation, and substance abuse system to meet the needs of children and adults on waiting lists for services. Funding is also requested to meet the needs of low- income families to include child-care, affordable housing, employment, health care, and transportation. Additionally, the City requests that funds be made available to adequately cover the cost of building community capacity as a result of downsizing Eastern State Hospital and Hancock Geriatric Unit. Specifically, funding is requested for the HPR V Regional Plan for Geropsychiatric Services. The total cost of the plan is $7.3 million dollars. It is designed in a menu format that will allow for a phased in funding approach. Page 25 "i\;;~d \ }'~l(d.'ll'r ~0. _~U(lS III 4. FUNDING FOR PUBLIC HEALTH SERVICES Venita Newby-Owens, MD., MP.H. Department Director Department of Health Background Information: Costs to provide much needed services have steadily increased in Virginia Beach for public health. These include not only the traditional services to indigents but also services such as vector control, identification of West Nile Virus, and weapons of mass destruction. The dollars provided by the Commonwealth have become more inadequate over the years and the disparity between Virginia Beach per capita funding for public health care is woefully inadequate compared to other cities. In order to improve child health and school readiness and preventing child abuse and neglect, equalized funding is requested. Request: The General Assembly is requested to fully fund the Virginia Beach Public Health Department and equalize funding for Virginia Beach on a per capita basis to match Norfolk and Portsmouth. Page 26 ()tl.dhL~r ~;\. ~iH)\ III 5. VIRGINIA BEACH CONVENTION CENTER FUNDING James Ricketts Department Director Convention & Visitors Bureau Background Information: In January 2007, the City of Virginia Beach completed the new and award winning Virginia Beach Convention Center. The new facility replaced the obsolete Pavilion Convention Center. The old center had a total of 188,000 square feet and lacked the amenities essential for today's meeting planners. The new facility has a total of 516,000 square feet. This includes 150,000 square feet of exhibition space, over 31,000 sq. ft. of ballroom space and approximately 29,000 sq. ft. of meeting space. The total cost of the facility is $202,571.000.00 The new convention center is putting Virginia on the map as a viable convention state. According to the Feasibility Study conducted by PricewaterhouseCoopers, the Commonwealth will realize the following economic benefits: Incremental tax revenues (in 2002 dollars) $1.2 to $2 million annually, between 900 - 1,500 additional jobs and between $27.7 million - $44.8 million in incremental direct expenditures new to the Commonwealth (not a transfer from other localities in the Commonwealth). The economic impact for Hampton Roads is $50.5 million to $79.3 million in incremental direct expenditures and between 1,700 and 2,700 new jobs. This is in addition to the $2.1 million incremental tax revenue to the City of Virginia Beach, $97 million in Sales and 1,900 additional jobs. Request: The General Assembly is requested to provide the remainder of the $10 million, beyond what has been appropriated. This is in keeping with the benefits to the Commonwealth based on the amount of state tax revenue that will be generated from the new facility over a ten-year period and the precedent set in State funding assistance provided to the Richmond Convention Center. Page 27 ( k 11 Iber ~\. 2(jl)~ : III 6. SANDLER CENTER FOR THE PERFORMING ARTS Emily Spruill Cultural Arts Coordinator Office of Cultural Affairs Background Information: The Sandler Center for the Performing Arts, a professional-quality 1300-seat, 84,000 square- foot facility, is the cultural centerpiece of Virginia Beach, located at the core of the City's emerging Town Center. Opened in November 2007, the Center has enlarged spaces for performances, public and performer support and give the opportunity to expand the type and diversity of the performing arts programs in Hampton Roads and the State of Virginia. The $47 million facility, built under the General Assembly's PPEA process, has a full range of amenities, meeting the needs of today and tomorrow. As a tangible demonstration of their commitment, the Virginia Beach City Council dedicated $35 million of City funds to the project. Fundraising for capital and an endowment fund is being led by the Virginia Beach Performing Arts Center Foundation, a non-profit organization spearheaded by some of the City's top civic and business leaders. The Sandler Center for the Performing Arts will have a dramatic impact to the State of Virginia's tax base, generating over $2.2 million for the construction phase and $35,500 in annual State tax revenue. We ask the State to strengthen its commitment and investment to the future of this cultural landmark and to the City as a whole, by appropriating $300,000 for the operations of the Center. The new location at the exciting Town Center development has become a defining asset for social development for the City and Hampton Roads. It is a focal point for social activities from education to the arts and entertainment and illustrates the region's dedication to furthering the cultural life of its citizens. Request: The General Assembly is requested to appropriate $300,000 for the operations of the Sandler Center for the Performing Arts. Page 28 , \\ .:'''. .:'UI!\ I : III 7. FUNDING FOR THE VIRGINIA TOURISM CORPORATION John Uhrin City Council Member Background Information: The tourism industry plays an integral role in the Commonwealth's economy. Travelers spent $18.7 billion, which generated $1.2 billion in State and local tax revenue in 2007. This spending accounts for over 210,000 jobs in Virginia. The City of Virginia Beach is greatly concerned over recent discussions regarding the possible further reductions of the budget for the Virginia Tourism Corporation (VTC). The VTC budget has already decreased over the past five years where many of our direct competitor States have increased their' marketing budget. Further budget cuts would have a serious negative impact on tourism and its related tax revenue. It's important to note that the general fund dollars devoted to VTC marking those efforts unlike most other State expenditures generate a strong return on investment yielding a $5.00 return for every dollar invested. Req uest: The City of Virginia Beach encourages the General Assembly to preserve and enhance, when possible, the Virginia Tourism Corporation's current budget and further develop a long-term sustainable funding source for their marketing budget in order to protect this vital industry. Page 29 ~:\. ~i)ll:\ I; Ii i III 8. SUPPORT FOR INCREASED FUNDING FOR THE GOVERNOR'S OPPORTUNITY FUND City Council . City of Virginia Beach Background Information: The General Assembly has for many years had a line item in the budget appropriating funds for the Governor's Opportunity Fund (GOF). This fund, also known as the "Deal-Closing" Fund, provides loans and grants to political subdivisions for economic development purposes. These can be used for public or private utility extensions, capacity development for on or off site railroad or other transportation costs, site acquisition, training, etc. The City of Virginia Beach has used the GOF over the last five years to leverage over $237 million in new capital investment. This investment created over 2,392 high paying jobs. In the current fiscal year, $7.6 million is appropriated and $7.5 million has been appropriated in the second year. The City Council desires to have these amounts at least doubled so that more funds can be available to assist local governments like Virginia Beach. The increase in this fund is particularly important this time, in as much as the General Assembly has earmarked large amounts of the funds available to be deposited to the semiconductor memory or logic wafer manufacturing performance grant program. Other earmarks have also reduced the amount of money available for economic development generally throughout the Commonwealth. Req uest: The General Assembly is requested to increase, by at least 100%, the amount of funds appropriated to the Governor's Opportunity Fund or "Deal-Closing" Fund. This will allow jurisdictions like Virginia Beach to leverage local and private dollars to greatly facilitate economic development growth within the Commonwealth. Page 30 \cl, (),h\hci'_\ .'\i(l\ I I ; III APPENDIX: DRAFTS OF PROPOSED LEGISLATION - KEYED TO REQUESTED CODE CHANGES Page 31 ..'U(I:-' I ' ; III LEGISLATIVE ITEM 1 ARREST OR ISSUANCE OF A SUMMONS BY AN OFFICER BASED ON THE OBSERVATIONS OF A DIFFERENT OFFICER Chief A.M Jacocks Department of Police ~ 19.2-81. Arrest without warrant authorized in certain cases - The following officers shall have the powers of arrest as provided in this section: 1. Members of the State Police force of the Commonwealth, 2. Sheriffs of the various counties and cities, and their deputies, 3. Members of any county police force of any duly constituted police force of any city or town, 4. The Commissioner, members and employees of the Marine Resources Commission granted the power of arrest pursuant to S 28.2-900, 5. Regular game wardens appointed pursuant to S 29.1-200, 6. United States Coast Guard and United States Coast Guard Reserve commissioned, warrant, and petty officers authorized under S 29.1-205 to make arrests, and 7. The special policemen of the counties as provided by S 15.2-1737, provided such officers are in uniform, or displaying a badge of office. Such officers may arrest, without a warrant, any person who commits any crime in the presence of the officer and any person whom he has reasonable grounds or probable cause to suspect of having committed a felony not in his presence. Such officers also may arrest, without a warrant, any person who commits any misdemeanor or traffic infraction as defined by the State Code, or similar local ordinance, if the officer has received a radio message from another officer who observed the violation with or without the assistance of a camera or similar device. Such radio message shall have been dispatched immediately after the alleged offense was observed and positive identification of the alleged offender is provided to the arresting officer. The arresting officer shall then proceed as if the offense was committed in his presence in accordance with S 19.2-74. If a summons is issued in lieu of an arrest, the names of both the arresting officer and the observing officer shall be included on the summons. Page 32 "'. is 1111 LEGISLATIVE ITEM 2 ISSUANCE OF A WARRANT IN A DUI CASE BY AN OFFICER BASED ON THE OBSERVATIONS OF THE ARRESTING OFFICER Chief A.M Jacocks Department of Police ~ 19.2-81. Arrest without warrant authorized in certain cases. The following officers shall have the powers of arrest as provided in this section: 1. Members of the State Police force of the Commonwealth; 2. Sheriffs of the various counties and cities, and their deputies; 3. Members of any county police force or any duly constituted police force of any city or town of the Commonwealth; 4. The Commissioner, members and employees of the Marine Resources Commission granted the power of arrest pursuant to S 28.2-900; 5. Regular conservation police officers appointed pursuant to S 29.1-200; 6. United States Coast Guard and United States Coast Guard Reserve commissioned, warrant, and petty officers authorized under S 29.1-205 to make arrests; 7. The special policemen of the counties as provided by S 15.2-1737, provided such officers are in uniform, or displaying a badge of office; and 8. Conservation officers appointed pursuant to S 10.1-115. Such officers may arrest, without a warrant, any person who commits any crime in the presence of the officer and any person whom he has reasonable grounds or probable cause to suspect of having committed a felony not in his presence. Any such officer may arrest without a warrant any person whom the officer has probable cause to suspect of operating in his presence either a vehicle while intoxicated in violation of 18.2-266, 18.2-266.1, 18.2-272, or 46.2-341.24; or a watercraft or motor boat (i) while intoxicated in violation of subsection B of S 29.1-738 or (ii) in violation of an order issued pursuant to S 29.1-738.4,; in .'tis p1'esenee, and may thereafter transfer custody of the person suspected of the violation to another officer, who may obtain a warrant based upon statements made to him by the arresting officer. Page 33 \\ .\ I'.i ;" t (."\ \i II 1111 Any such officer may, at the scene of any accident involving a motor vehicle, watercraft as defmed in S 29.1-712 or motorboat, or at any hospital or medical facility to which any person involved in such accident has been transported, or in the apprehension of any person charged with the theft of any motor vehicle, on any of the highways or waters of the Commonwealth, upon reasonable grounds to believe, based upon personal investigation, including information obtained from eyewitnesses, that a crime has been committed by any person then and there present, apprehend such person without a warrant of arrest. In addition, such officer may, within three hours of the occurrence of any such accident involving a motor vehicle, arrest without a warrant at any location any person whom the officer has probable cause to suspect of driving or operating such motor vehicle while intoxicated in violation of S 18.2-266, 18.2- 266.1, 46.2-341.24, 18.2-272, or a substantially similar ordinance of any county, city, or town in the Commonwealth. Page 34 I i III LEGISLATIVE ITEM 3 DUI COST RECOVERY PROGRAM Chief A.M Jacocks [)eparhnentofPonce ~ 15.2-1716. Reimbursement of expenses incurred in responding to DUI incidents and other traffic incidents. A. Any locality may provide by ordinance that a person convicted of violating any of the following provisions shall be liable for restitution at the time of sentencing or in a separate civil action to the locality or to any responding volunteer fire or rescue squad, or both, for reasonable expenses incurred by the locality for FespBnding law enforcement, fire fighting, rescue and emergency services, including by the sheriffs office of such locality, or by any volunteer fire or rescue squad, or by any combination of the foregoing, when providing an appropriate emergency response to any accident, incident related to such violation or the arrest of the individual for such violation. 1. The provisions of S 18.2-51.4, 18.2-266, 18.2-266.1, 29.1-738, 29.1-738.02,18.2-272 or a similar ordinance, when such operation of a motor vehicle, engine, train or watercraft while so impaired is the proximate cause of the accident or incident; 2. The provisions of Article 7 (s 46.2-852 et seq.) of Chapter 8 of Title 46.2 relating to reckless driving, when such reckless driving is the proximate cause of the accident or incident; 3. The provisions of Article 1 (s 46.2-300 et seq.) of Chapter 3 of Title 46.2 relating to driving without a license or driving with a suspended or revoked license; and 4. The provisions of S 46.2-894 relating to improperly leaving the scene of an accident. B. Personal liability under this section for reasonable expenses of an appropriate emergency response shall not exceed $1,000 in the aggregate for a particular accident or incident occurring in such locality. In determining the "reasonable expenses," a locality may bill a flat fee of $250 or a minute-by-minute accounting of the actual costs incurred. As used in this section, "appropriate emergency response" includes all costs of providing law-enforcement, fire- fighting, rescue, and emergency medical services. The court may order as restitution the reasonable expenses incurred by the locality for responding law enforcement, fire-fighting, rescue and emergency medical services. The provisions of this section shall not preempt or limit any remedy available to the Commonwealth, to the locality or to any volunteer rescue squad to recover the reasonable expenses of an emergency response to an accident or incident not involving impaired driving, operation of a vehicle or other conduct as set forth herein. Page 35 i ( I~, III LEGISLATIVE ITEM 4 RAISE ACCIDENT REpORT DAMAGE THRESHOLD TO $2500 Chief A.M Jacocks Department of Police ~ 46.2-373. Report by law-enforcement officer investigating accident. Every law-enforcement officer who in the course of duty investigates a motor vehicle accident resulting in injury to or death of any person or total property damage to an apparent extent of $l-O()(J. $2500 or more, either at the time of and at the scene of the accident or thereafter and elsewhere, by interviewing participants or witnesses shall, within twenty-four hours after completing the investigation, forward a written report of the accident to the Department. The report shall include the name or names of the insurance carrier or of the insurance agent of the automobile liability policy on each vehicle involved in the accident. Page 36 '(i[ I' III LEGISLATIVE ITEM 12 ASSESSMENT FOR COURTHOUSE CONSTRUCTION, RENOVATION OR MAINTENANCE Catheryn Whitesell Department Director Department of Manal{ement Services ~ 17.1-281. Assessment for courthouse construction, renovation or maintenance. Any county or city, through its governing body, may assess a sum not in excess of ~ ten dollars as part of the costs in (i) each civil action filed in the district or circuit courts located within its boundaries and (ii) each criminal or traffic case in its district or circuit court in which the defendant is charged with a violation of any statute or ordinance. The total assessments authorized by any county or city in a civil action pursuant to this section and S 42.1-70 shall not exceed four dollars. If a town provides court facilities for a county, the governing body of the county shall return to the town a portion of the assessments collected based on the number of civil, criminal and traffic cases originating and heard in the town. The imposition of such assessment shall be by ordinance of the governing body which may provide for different sums in circuit courts and district courts. The assessment shall be collected by the clerk of the court in which the action is filed, remitted to the treasurer of the appropriate county or city and held by such treasurer subject to disbursements by the governing body for the construction, renovation, or maintenance of courthouse or jail and court-related facilities and to defray increases in the cost of heating, cooling, electricity, and ordinary maintenance. The assessment provided for herein shall be in addition to any other fees prescribed by law. The assessment shall be required in each felony, misdemeanor, or traffic infraction case, regardless of the existence of a local ordinance requiring its payment. Page 37 'tl, )"i,,,-, I' III LEGISLATIVE ITEM 14 EXPAND DEFINITION OF FIREARMS TO INCLUDE REPLICA AND GAS & AIR WEAPONS Jim Wood City Council Member ~ 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry. A. If any person carries about his person, hidden from common observation, (i) any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material or any air or gas operated weapon or any object similar in appearance; (ii) any dirk, bowie knife, switchblade knife, ballistic knife, machete, razor, slingshot, spring stick, metal knucks, or blackjack; (iii) any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain; (iv) any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart; or (v) any weapon oflike kind as those enumerated in this subsection, he shall be guilty of a Class 1 misdemeanor. A second violation of this section or a conviction under this section subsequent to any conviction under any substantially similar ordinance of any county, city, or town shall be punishable as a Class 6 felony, and a third or subsequent such violation shall be punishable as a Class 5 felony. For the purpose of this section, a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature. ~ 18.2-308.1. Possession of firearm, stun weapon, or other weapon on school property prohibited. A. If any person possesses any (i) stun weapon as defined in this section; (ii) knife, except a pocket knife having a folding metal blade of less than three inches; or (iii) weapon, including a weapon of like kind, designated in subsection A of S 18.2-308, other than a firearm; upon (a) the property of any public, private or religious elementary, middle or high school, including buildings and grounds; (b) that portion of any property open to the public and then exclusively used for school-sponsored functions or extracurricular activities while such functions or activities are taking place; or (c) any school bus owned or operated by any such school, he shall be guilty of a Class 1 misdemeanor. B. If any person possesses any firearm designed or intended to expel a projectile by action of an explosion of a combustible material or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to Page 38 II : III reasonably induce fear in the mind of another while such person is upon (i) any public, private or religious elementary, middle or high school, including buildings and grounds; (ii) that portion of any property open to the public and then exclusively used for school- sponsored functions or extracurricular activities while such functions or activities are taking place; or (iii) any school bus owned or operated by any such school, he shall be guilty of a Class 6 felony; however, if the person possesses any firearm within a public, private or religious elementary, middle or high school building and intends to use, or attempts to use, such firearm, or displays such weapon in a threatening manner, such person shall be sentenced to a mandatory minimum term of imprisonment of five years to be served consecutively with any other sentence. The exemptions set out in S 18.2-308 shall apply, mutatis mutandis, to the provisions of this section. The provisions of this section shall not apply to (i) persons who possess such weapon or weapons as a part of the school's curriculum or activities; (ii) a person possessing a knife customarily used for food preparation or service and using it for such purpose; (iii) persons who possess such weapon or weapons as a part of any program sponsored or facilitated by either the school or any organization authorized by the school to conduct its programs either on or off the school premises; (iv) any law-enforcement officer; (v) any person who possesses a knife or blade which he uses customarily in his trade; (vi) a person who possesses an unloaded firearm that is in a closed container, or a knife having a metal blade, in or upon a motor vehicle, or an unloaded shotgun or rifle in a firearms rack in or upon a motor vehicle; or (vii) a person who has a valid concealed handgun permit and possesses a concealed handgun while in a motor vehicle in a parking lot, traffic circle, or other means of vehicular ingress or egress to the school. For the purposes of this paragraph, "weapon" includes a knife having a metal blade of three inches or longer and "closed container" includes a locked vehicle trunk. As used in this section: "Stun weapon" means any device that emits a momentary or pulsed output, which is electrical, audible, optical or electromagnetic in nature and which is designed to temporarily incapacitate a person. ~ 18.2-308.2. Possession or transportation of firearms, stun weapons, explosives or concealed weapons by convicted felons; penalties; petition for permit; when issued. A. It shall be unlawful for (i) any person who has been convicted of a felony; (ii) any person adjudicated delinquent as a juvenile 14 years of age or older at the time of the offense of murder in violation of S 18.2-31 or 18.2-32, kidnapping in violation of S 18.2-47, robbery by the threat or presentation of firearms in violation of S 18.2-58, or rape in violation of S 18.2- Ql; or (iii) any person under the age of 29 who was adjudicated delinquent as a juvenile 14 years of age or older at the time of the offense of a delinquent act which would be a felony if committed by an adult, other than those felonies set forth in clause (ii), whether such conviction or adjudication occurred under the laws of the Commonwealth, or any other state, Page 39 II i III the District of Columbia, the United States or any territory thereof, to knowingly and intentionally possess or transport any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or stun weapon as defmed by S 18.2- 308.1 or any explosive material, or to knowingly and intentionally carry about his person, hidden from common observation, any weapon described in subsection A of S 18.2-308. However, such person may possess in his residence or the curtilage thereof a stun weapon as defined by S 18.2-308.1. Any person who violates this section shall be guilty of a Class 6 felony. However, any person who violates this section by knowingly and intentionally possessing or transporting any firearm and who was previously convicted of a violent felony as defined in S 17.1-805 shall be sentenced to a mandatory minimum term of imprisonment of five years. Any person who violates this section by knowingly and intentionally possessing or transporting any firearm and who was previously convicted of any other felony within the prior 10 years shall be sentenced to a mandatory minimum term of imprisonment of two years. The mandatory minimum terms of imprisonment prescribed for violations of this section shall be served consecutively with any other sentence. B. The prohibitions of subsection A shall not apply to (i) any person who possesses a firearm, explosive material or other weapon while carrying out his duties as a member of the Armed Forces of the United States or of the National Guard of Virginia or of any other state, (ii) any law-enforcement officer in the performance of his duties, or (iii) any person who has been pardoned or whose political disabilities have been removed pursuant to Article V, Section 12 of the Constitution of Virginia provided the Governor, in the document granting the pardon or removing the person's political disabilities" may expressly place conditions upon the reinstatement of the person's right to ship, transport, possess or receive firearms. C. Any person prohibited from possessing, transporting or carrying a firearm or stun weapon under subsection A, may petition the circuit court of the jurisdiction in which he resides for a permit to possess or carry a firearm or stun weapon; however, no person who has been convicted of a felony shall be qualified to petition for such a permit unless his civil rights have been restored by the Governor or other appropriate authority. The court may, in its discretion and for good cause shown, grant such petition and issue a permit. The provisions of this section relating to firearms and stun weapons shall not apply to any person who has been granted a permit pursuant to this subsection. C 1. Any person who was prohibited from possessing, transporting or carrying explosive material under subsection A may possess, transport or carry such explosive material if his right to possess, transport or carry explosive material has been restored pursuant to federal law. D. For the purpose of this section, "explosive material" means any chemical compound mixture, or device, the primary or common purpose of which is to function by explosion; the term includes, but is not limited to, dynamite and other high explosives, black powder, pellet powder, smokeless gun powder, detonators, blasting caps and detonating cord but shall not include fireworks or permissible fireworks as defined in S 27-95. Page 40 I' , \.. ~, , 'I.. .'1 I' , 11I1 ~ 18.2-53.1. Use or display of firearm in committing felony. It shall be unlawful for any person to use or attempt to use any pistol, shotgun, rifle, or other firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another 9r display SHell weap9n in a tllreatening manner while committing or attempting to commit murder, rape, forcible sodomy, inanimate or animate object sexual penetration as defined in ~ 18.2-67.2, robbery, carjacking, burglary, malicious wounding as defined in S 18.2-51, malicious bodily injury to a law-enforcement officer as defined in ~ 18.2-51.1, aggravated malicious wounding as defined in S 18.2-51.2, malicious wounding by mob as defined in S 18.2-41 or abduction. Violation of this section shall constitute a separate and distinct felony and any person found guilty thereof shall be sentenced to a mandatory minimum term of imprisonment of three years for a first conviction, and to a mandatory minimum term of five years for a second or subsequent conviction under the provisions of this section. Such punishment shall be separate and apart from, and shall be made to run consecutively with, any punishment received for the commission of the primary felony. Page 41 , III - 40- Item V-J.3. ORDINANCES/RESOLUTIONS ITEM # 58195 Upon motion by Councilman Diezel, seconded by Council Lady Wilson, City Council ADOPTED: Resolution APPOINTING Dana Harmeyer as Assistant City Attorney, effective November J, 2008 Voting: 8-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer, Vice Mayor Louis R. Jones and Ron A. Villanueva October 28, 2008 I; .111 1 A RESOLUTION APPOINTING DANA HARMEYER TO THE 2 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, Dana Harmeyer is hereby appointed to 7 the position of Assistant City Attorney, effective November 1, 2008. 8 9 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2.8.t.h. day of 10 October, 2008. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: ~~[;- City Attorney's Office CA 10898 R-1 October 16, 2008 I' III - 41 - Item V-J.4. ORDINANCES/RESOLUTIONS ITEM # 58196 Upon motion by Councilman Dieze!, seconded by Council Lady Wilson, City Council ADOPTED: Resolution re issuance of Residential Care Facility Mortgage Revenue Bonds by the Virginia Beach Development Authority (VBDA), not to exceed $15,000,000, for Westminster-Canterbury of Hampton Roads, Inc. Voting: 8-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer, Vice Mayor Louis R. Jones and Ron A. Villanueva October 28, 2008 III 1 A RESOLUTION OF CITY COUNCIL APPROVING 2 THE ISSUANCE OF RESIDENTIAL CARE FACILITY 3 MORTGAGE REVENUE BONDS (WESTMINSTER- 4 CANTERBURY OF HAMPTON ROADS, INC.) 5 SERIES 2008 6 7 WHEREAS, the City of Virginia Beach Development Authority (the "Authority") 8 has considered the application of Westminster-Canterbury of Hampton Roads, Inc. 9 ("Westminster-Canterbury") for the issuance of the Authority's Residential Care Facility 10 Mortgage Revenue Bonds, Series 2008 in an amount not to exceed $15,000,000 (the 11 "Bonds") to assist in financing the construction of a new parking garage and substantial 12 renovations to Westminster-Canterbury's residential campus (the "Project") at 3100 13 Shore Drive in Virginia Beach, Virginia; 14 15 WHEREAS, The Authority held a public hearing on the Bonds on September 16, 16 2008; and 17 18 WHEREAS, the Authority has requested the City Council of Virginia Beach, 19 Virginia (the "City") approve the issuance of the Bonds to comply with Section 147(f) of 20 the Internal Revenue Code of 1986, as amended; and 21 22 WHEREAS, pursuant to Section 15.2-4906, Code of Virginia, 1950, as amended, 23 a copy of the Authority's Resolution approving the issuance of the Bonds, subject to the 24 terms to be agreed upon, and a reasonably detailed summary of the comments 25 expressed at the public hearing, if any, have been filed with the City Council. 26 27 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 28 BEACH, VIRGINIA: 29 30 1 . The City Council hereby approves the issuance of the Bonds by the City of 31 Virginia Beach Development Authority, in a principal amount not to exceed $15,000,000 32 to finance the costs of constructing a new parking garage and substantial renovations to 33 Westminster-Canterbury's residential campus located at 3100 Shore Drive in Virginia 34 Beach, Virginia, for the benefit of Westminster-Canterbury of Hampton Roads, Inc. and 35 to the extent required by Section 147(f) of the Internal Revenue Code, to permit the 36 Authority to assist in the financing of the Project. 37 38 2. The approval of the issuance of the Series Bonds, as required by Section 39 147(f) does not constitute an endorsement of the Bonds or the creditworthiness of 40 Westminster-Canterbury and, pursuant to Chapter 643, Virginia Acts of Assembly of 41 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall 42 be obligated to pay the Bonds or the interest due thereon or other costs incident thereto 43 except from the revenues and monies pledged therefor, and neither the faith or credit II .111 44 nor the taxing power of the Commonwealth, the City or the Authority shall be pledged 45 thereto. 46 47 3. In approving the Resolution, the City of Virginia Beach, including its 48 elected representatives, officers, employees and agents, shall not be liable and hereby 49 disclaim all liability for any damages to any person, direct or consequential, resulting 50 from the Authority's failure to issue the Bonds for the Project for any reason. 51 52 This Resolution shall take effect immediately upon its adoption. 53 54 Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th day 55 of October ,2008. CA-10763 V:\a pplications Icitylawprod\cycom32\WpdocsIDO 14 \P004100069665. DOC R-1 October 17, 2008 /~~ Economic Development APPROVED AS TO LEGAL SUFFICIENCY: /~ /,;/ :-;{/ // - '"-~/ ----. . ---- City Attorney's Office APPROVEDASTOCONTEN~ 2 I' , II; Virginia Beach Development Authority Commissioners Donald V. Jellig Chair Page G. Leo Vice Chair Teresa H, Carrington Secretary Douglas D. Ellis Assistant Secretary Elizabeth A. Twohy Treasurer C. Maxwell Bartholomew, Jr. Commissioner Paul V. Michels Commissioner Jerrold L. Miller Commissioner Don H. Brockwell Commissioner John W. Richardson Commissioner Prescott Sherrod Commissioner VIRGINIA p. BEAC~ n L , October 16,2008 The Honorable Meyera E. Oberndorf, Mayor Members of City Council Municipal Center Virginia Beach, Virginia 23456 Re: Westminster-Canterbury Residential Care Facility Mortgage Revenue Bonds Dear Mayor Oberndorf and Members of Council: We submit the following in connection with the request of Westminster-Canterbury of Hampton Roads, Inc. ' s application for the issuance of residential care facility mortgage revenue bonds in the amount of$15,000,000 for the project located at 3100 Shore Drive, Virginia Beach, Virginia. 1. Evidence of publication of notice of hearing is attached as Exhibit A, and a summary of the statements made at the public hearing is attached as Exhibit B. The City of Virginia Beach Development Authority's (the "Authority's") resolution recommending Council's approval is attached as Exhibit C. 2. The Disclosure Statement is attached as Exhibit D. 3. The statement of the Authority's reasons for its approval of the issuance of the bonds as a benefit for the City of Virginia Beach and its recommendation that the City Council approve the bonds described above is attached as Exhibit E. 4. The Economic Impact Statement is attached as Exhibit F. 5. A summary sheet setting forth the type of issue, and identifying the project and the principals of the applicant is attached as Exhibit G. 6. A letter from the Department of Economic Development commenting on the project is attached as Exhibit H. 222 Central Park Ave, Suite 1000 . Virginia Beach, Virginia 23462 . ph 757.385.6464 or 800,989.4567 . fox 757499.9894 I; II Very truly yours, ~~. Teresa H. Carrington Secretary THC/A WS Enclosures III EXHIBIT A t~.,. .~ ' I I I-I~ I Illq< .-l I Q)N .-l I >O.-l 0 I Ul N I 'dq< t. Q.-l III I" .-l <"l >0" ~~ l-I Q) Q)~ '8 .c: .w .w u co 0 S::o 00 ltJ N Q) Q) H .w'l-l 'rl ltlO ~ + + .w ~ ltl 0 .;. .: ~ I ltJH QI "n .jJ .:, : I 'O~ H .w'd Q)(]) H I Q ~~5 .w OQ) .wl-l I:: ...:! ~>o 0 0 S rl:E; ltl Q) 0 '. -n ...:!H rl -n 'Ill .w .c: <Xl QI ltJ Hl2;H 'n 0 A..w 'r!ltJ, 1-1 O'l >O,q II) A.H...:! Po >o~ IO'S:: f-lQ), .w.w 'n I~~ I ~ ~ H :' -;-I Q)l:: Po -n ~ Q rl -n . tn,q Q)1Il j:ij I.' us:: ~~Po I'd :I: rl>O -n P, X H .w = p, ~i 'n 0 -n ~3 Clrl-n OlltJ ~ I u Z r<. I:: tJ -rlS::O:>J:lltJ ~ H -0 -rl H 0'0 tIllll 'I-l .r! -rl Q) tI) , ~:<: tIl ...:! 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Z III Ad lOt! 9252822 Date 199/0212008 .J Time t12.: 10 AM J NOTICE OF PUBLIC HEARING ON PROPOSED REVEN UE BOND FINANCING OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Notice is hereby given that the City of Virginia Beach Development Authority (the ~Authority") will hold a public hearing on the application of Westminster-Canterbury of Hampton Roads, Inc., a Virginia nonstock, nonprofit corporation (the ~Company.), the address and principal place ofbusine$s of which is 3100 Shore Drive, Virginia Beach, Virginia, 23451, for the Authority to issue, pursuant to Chapter 643 of the Acts of Assembly of 1964, as amended (the. · Act"), up to $15,000,000 of its Residential Care Facility Mortgage Revenue Bonds (the ~Bonds.) to assist the Company in financing the construction of a new parking garage with 252 car spaces and substantial renovations at the Company's residential campus located at 3100 Shore Drive in Virginia Beach, Virginia. The public hearing, which may be continued or adjourned, will be held at 8:30 a.m. on Tuesday, September 16, 2008, before'the Authority at the Authority's office at Town Center, Suite 1000, 222 Central Park Avenue, Virginia Beach, Virginia. As required by the Act, the Bonds will not pledge the credit or the taxing power of the City of Virginia Beach, Virginia or the Authority, but will be payable solely from revenues derived from the Company and pledges therefor. Any person wishing to comment on the application may appear and be heard. A copy of the Company's application is on file and is open for inspection at the Authority's office at Town Center, Suite 1000, 222 Central Park Avenue, Virginia Beach, Virginia, during normal, business hours. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY VP Sept. 4 & 9,2008 19252822 Ad shown is not actual print size , II , III EXHIBIT B CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY RECORD OF PUBLIC HEARING (WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC.) On September 16, 2008 The Chairman of the City of Virginia Beach Development Authority (the "Authority") announced the commencement ofa public hearing on the request of Westminster-Canterbury of Hampton Roads, Inc., a Virginia nonstock, nonprofit corporation ("Westminster-Canterbury") and that a notice of public hearing was published in the Virginia Pilot, a newspaper having general circulation in the City of Virginia Beach, Virginia in accordance with applicable law governing the issuance of tax-exempt bonds. The Chairman indicated that a copy of the Notice and an Affidavit of Publication of such notice are to be filed with the records of the City Council of the City of Virginia Beach (the "Council"). The following individuals appeared on behalf of Westminster-Canterbury and addressed the Authority: Hugh L. Patterson (General Counsel) Erie Marie Latimer (President) Dan Oetzel (Chief Financial Officer) Mr. Patterson briefly outlined the history of Westminster-Canterbury with tax-exempt bonds first being issued for its construction in November of 1979, the opening of its doors to residents in January of 1982, and its history of operations over the past 25 years. He also gave a brief description of the resolution which requests the issuance of up to $15,000,000 of additional tax-exempt bonds (the "Bonds") and the renovation and construction activities comprising the Project being financed thereby and opened the floor for questions. Members of the Authority asked several questions regarding the Project, including the types of renovations planned at Westminster-Canterbury's residential campus, the number of parking spaces in the new parking garage and the total number of parking spaces available for residents, employees and guests at Westminster-Canterbury after completion of construction. These questions were addressed to the satisfaction of the Authority by Mr. Patterson, Ms. Latimer and Mr. Oetzel. The public benefits to be realized by the City of Virginia Beach as a result ofthe financing of the Project, as described by Mr. Patterson, are (a) renovated facilities which will continue to meet the current and future market demands of approximately 700 retired persons who now and in the future will reside at Westminster-Canterbury' s residential campus; (b) the continued availability of 329 full time and 137 part time employment positions with an average annual salary of $29,900 and a total annual payroll of$12,911,597; (c) additional taxes to be paid by Westminster-Canterbury to the City of Virginia Beach of approximately $220,000 each year and total annual taxes increasing to $1,084,000 following the construction of all improvements; and (d) goods and services being purchased by Westminster-Canterbury each year within the City of Virginia Beach area totaling approximately $9,300,000. 1-832667. 1 08/26/2008 II , III No other persons appeared to address the Authority, and the Chairman closed the public hearing. The Authority hereby recommends that the City Council of the City of Virginia Beach, Virginia approve the issuance of the Bonds and hereby transmits the Fiscal Impact Statement to the City Council of the City of Virginia Beach and asks that this recommendation be received at its next regular or special meeting at which this matter can be properly placed on the Council's agenda for hearing. 2 1-832667.1 08/26/2008 I' III EXHIBIT C RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDICATING ITS INTENT TO ISSUE UP T<:>> $15,000,000 OF ITS RESIDENTIAL CARE FACILITY MORTGAGE REVENUE BONDS (WESTMINSTER-CANTERBURY OF HAMPTON ROADS, IN C.) SERIES 2008 WHEREAS, Westminster-Canterbury of Hampton Roads, Inc. ("Westminster- Canterbury") has described its interest in having the City of Virginia Beach Development Authority (the "Authority") issue up to $15,000,0000:f its Residential Care Facility Mortgage Revenue Bonds, Series 2008 (the "Series 2008 Bonds") to finance the construction of a new parking garage and substantial renovations at Westminster-Canterbury's residential campus (the "Proj ect") at 3100 Shore Drive in Virginia Beach, Virginia; and WHEREAS, Westminster-Canterbury, in its application and in its appearance before the Authority, has requested that the Authority issue its Series 2008 Bonds under the provisions of Chapter 643 of the Acts of Assembly of 1964 and the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2 ofthe Code of Virginia of 1950, as amended (collectively, the "Act") in such amounts as may be necessary to finance costs to be incurred in constructing, renovating and equipping the Project; and WHEREAS, a public hearing has been held as required by Section 147(f) of the Internal Revenue Code of 1986, as amended, and Section 15.2-4906 of the Code of Virginia of1950, as amended (the "Virginia Code"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY THAT: 1. The foregoing recitals are approved by the Authority and are incorporated in, and deemed a part of this Resolution. 2. It is hereby found and determined by the Authority that the issuance ofthe Series 2008 Bonds by the Authority will be in the public interest, will benefit the inhabitants ofthe City of Virginia Beach through the promotion oftheil' safety, health, welfare, convenience or prosperity and will further-the public purposes of the Act and provide a public benefit to the City by, among other things, ensuring the continued availability of modern and efficient medical services, special care and secure living accommodations for the elderly in accordance with their special needs. 3. It has previously been found and determined that Westminster-Canterbury' s facilities on Shore Drive in Virginia Beach constitute a facility for the residence or care of the aged within the meaning ofthe Act. 4. To induce Westminster-Canterbury to construct, renovate and equip the Project, the Authority hereby agrees to cooperate with Westminster-Canterbury in reviewing and evaluating its plans to finance the Project and, subject to the Authority's final approval of the 1-830891.1 II 10. The Series 2008 Bonds shall be limited obligations of the Authority and shall be payable solely out of the revenues, receipts and payments specifically pledged therefor. Neither the commissioners, officers, agents or employees of 1he Authority, past, present and future, nor any person executing the Series 2008 Bonds, shall be liable personally on the Series 2008 Bonds by reason of the issuance thereof. The Series 2008 Bonds shall not be deemed to constitute a general obligation debt or a pledge of the faith and credit of the Commonwealth of Virginia or any political subdivision thereof, including the City of Virginia Beach and the Authority and neither the Commonwealth of Virginia nor any such political subdivision thereof shall be personally liable thereon, nor in any event shall the Series 2008 Bonds be payable out of any funds or properties other than the special funds and sources provided therefor. Neither the faith and credit nor the taxing power ofthe Commonwealth of Virginia, or any political subdivision thereof, including the City of Virginia Beach, shall be pledged to the payment of the principal of the Series 2008 Bonds or the interest thereon or other costs incident thereto. The Series 2008 Bonds shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. 11. The Authority shall not be liable and hereby disclaims all liability to Westminster- Canterbury for any damages, direct or consequential, resulting from the Authority's failure to issue the Series 2008 Bonds for any reason, including but not limited to, the failure of the City Council of the City of Virginia Beach to approve the issuance of the Series 2008 Bonds. Nothing herein shall be construed as a commitment or obligation on the part ofthe Authority to adopt a final resolution or execute any documents wi1h respect to Series 2008 Bonds. 12. Unless this Resolution is extended by the Authority, the Series 2008 Bonds shall be issued within one year from the date hereof or this Resolution shall become void and of no further force or effect. 13. The Authority hereby recommends that the City Council of the City of Virginia Beach approve the issuance of the Series 2008 Bonds and hereby directs the Chairman or Vice- Chairman of the Authority to submit to the City Council of the City of Virginia Beach a reasonably detailed summary of the comments, if any, expressed at the public hearing, the fiscal impact statement required by Virginia law, and a copy of this Resolution. 14. This Resolution shall take effect immediately upon its adoption. Adopted by the City of Virginia Beach Development Authority, on the 16th day of September, 2008. . ~~ Secretary/ ~~8BiBtam: ~ eeFetary 3 1-830891.1 , III EXHIBIT 0 DISCLOSURE STATEMENT Date: September 16,2008 Applicant: Westminster-Canterbury of Hampton Roads, Inc. All Owners (if different from Applicant): None Type of Application: $15,000,000 Residential Care Facility Mortgage Revenue Bonds, Series 2008 to finance the construction of a new parking garage with 252 car spaces and substantial renovations at Westminster-Canterbury' s residential campus at 3100 Shore Drive, Virginia Beach, Virginia 1. The Applicant is a Virginia corporation. 2. The Applicant is the owner of the Project. 3. The current officers and trustees of Applicant are listed on the attached Exhibit A. WESTMINSTER~CANTERBURY OF HAMPTON ROADS, INC. By 4 jLr;:.;;;' ) Gene 1 Counsel 830726_1.DOC I' III The Officers of Westminster-Canterbury are: Chairman: ice Chairman: Secretary: reasurer: resident: hiefFinancial Officer and ssistant Treasurer: ice President for Resident & Health Services and Assistant Secretary: ice President for Business and Resource evelopment: ice President for Development and Community Relations: ice President for Human Resources: r. Doyle E. Hull 7615 Nancy Drive orfolk, VA 23518-4635 r. Charles D. Robison, III ulton Bank P.O. Box 61009 irginia Beach, VA 23466 rs. Mary Louis Le Hew 55 College Cross #66 orfolk, VA 23510 . David Limroth McPhillips, Roberts & Deans, PLC . O. Box 1180 orfolk, VA 23501-1180 ErIe Marie Latimer 3100 Shore Drive irginia Beach, VA 23451 Daniel C. Oetzel 3100 Shore Drive irginia Beach, VA 23451 udy Raymond 3100 Shore Drive ir 'nia Beach, VA 23451 . William Pine 3100 Shore Drive irginia Beach, VA 23451 obert A. Heely 3100 Shore Drive irginia Beach, VA 23451 Lorraine D. Mahone 3100 Shore Drive iroinia Beach, VA 23451 Ii ! III Trustees of Westminster-Canterbury are: Appointed by the Episcopal Diocese: DM Byron E. Tobin, Jr. 01 College Place #4 orfolk, VA 23510 r. Howard P. Kern Sentara Healthcare 6015 Poplar Hall Drive, Suite 300 orfolk, VA 23502 r. Thomas C. Kyrus 973 Shore Drive # 102 ir 'nia Beach, VA 23451-1248 r. David Limroth cPhillips, Roberts & Deans, PLC . O. Box 1180 orfolk, VA 23501-1180 r. Charles D. Robison, III uIton Bank .0. Box 61009 irginia Beach, V A 23466 s. Susan T. Bernard 1337 Graydon Ave. orfolk, VA 23507 r. Page G. Lea Capes Capital Management, Inc. 300 West Freemason St. orfolk, VA 23510 e Rev. Harold J. Cobb, Jr. 1931 Paddock Road orfolk, VA 23518 Appointed by the Presbytery of Eastern Virginia: Mrs. Sheilah Johnson 1505 Rick Fletcher Ct. Chesa eake, VA 23321 rs. Mary Louis Le Hew 55 College Cross #66 orfolk, VA 23510 r. Clarence A. Holland 328 Sandy Bay Drive irginia Beach, VA 23455 r. Doyle E. Hull 7615 Nancy Drive orfolk, VA 23518-4635 r. C. Ben Mason SunTrust Bank 150 W. Main St., 14th Floor orfolk, VA 23510 rs. Martha Sims irginia Beach Dept. of Public Libraries 416 Courthouse Drive - Bldg. 19 ir inia Beach, VA 23456 r. E. George Middleton, Jr. 510 Cromwell Road orfolk, VA 23509-2306 r. Tazewell G. Taylor Sullivan, Andrews & Taylor, P .C. 5544 Greenwich Rd., Suite 103 irginia Beach, V A 23462 II , III EXHIBIT E VIRGINIA B E A C~ ECONOMIC DEVELOPMENT ~ CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY $15,000,000 RESIDENTIAL CARE FACILITY MORTGAGE REVENUE BONDS WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC.) SERIES 2008 c The City of Virginia Beach Development Authority (the "Authority")recommends approval of the above-captioned financing. Westminster-Canterbury of Hampton Roads, Inc.'s residential facilities continue to promote industry, commerce and trade within the City of Virginia Beach, Financing approved by the Authority will assist as existing life-care facility to remain current in meeting new market demands for its services, maintain its substantial employment census, increase its revenues and add to the City's economic tax base. 272 (:('(\11(,1 PClIV twe, ::uil., 1000 . Vllq;nju 13eoch, VllfJ;njo ?J.4(),) . ph 757,3gS 6464 ell BOO C)flC) .4567 . lox 7.'5/1\9</989,1 : III EXHIBIT F ECONOMIC IMPACT STATEMENT FOR BOND ALLOCATION REVIEW 1-830717.1 08/26/2008 II 1. 2. 3. 4. 5. II Economic Impact Statement Amount of Investment $ 16,000,000 Amount of industrial revenue bond financing sought $ 15,000,000 Estimated taxable value of the facility's real prop erty to be constructed in the City of Virginia Beach $ 8,000,000 Estimated real property tax per year using the present tax rate $ 1,009,000 $ 75,000 Estimated personal property tax 6. Estimated impact statement demonstrating the overall return to the City: A. Number of new jobs o B. Payroll generated $ o Avg Wage $ C. Number of jobs retained 329 full time and 137 part time D. Payroll retained $ 12,911,597 Avg Wage $ 29,929 E. Estimate the value of goods and services purchased within the geographic boundary of Virginia Beach by type (Inventory, Machinery, Professional Services, Insurance, Motor Vehicles, etc.): ~ Food Utilities Employee Benefits Supplies Professional Services Corporate Insurance Value $ 1,745,000 $ 1,173,000 $ 3,275,000 $ 2,327,000 $ 412,000 $ 367,000 Total $ 9,299,000 F. Estimated building permit fee and other municipal fees 20,000 $ G. Estimated construction payroll $ 1,400,000 H. Estimated value of construction material to be purchased within the City of Virginia Beach 600,000 $ I. Estimated number of construction jobs 100 Page 1 of2 1-830717.1 08/26/2008 II II Economic Impact Statement J. Any other items which the applicant feels the Authority should be made aware of in evaluating the project 7. Is the site currently zoned for the use being proposed for the industrial revenue bond financing? _X _ Yes _ No. 8. Has a bond purchase agreement/commitment been accepted by the applicant? (attach a copy) _ Yes _X_ No. 9. Will the bond financing close within 90 days from the date of adoption of the inducement resolution? _X _ Yes _ No. Plans call for closing prior to December 31. 2008. 10. Location of project (attach location map) See attached location map. 11. E~planation of alternative financing that has been reviewed for the project. The use of tax-exempt bonds is the only financing alternative that has been considered. Page 2 of2 1-830717.1 08/26/2008 , III EXHIB IT G SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: Wes tminster-Canterbury of Hampton Roads, Inc. 2. LOCATION: 3100 Shore Drive, Virginia Beach, Virginia 23451 3. DESCRIPTION OF PROJECT: Renovate and upgrade existing dining, fitness and wellness, healthcare and older independent living facilities and expand available parking with the construction of new parking garage with 252 car spaces 4. AMOUNT OF BOND ISSUE: $15,000,000 5. PRINCIPALS: Episcopal Diocese of Southern Virginia and Presbytery of Eastern Virginia, Presbyterian Church (USA) 6. ZONING CLASSIFICATION: a. Present zoning classification the Property: B-4 b. Is rezoning proposed: Yes No XX c. If so, to what zoning classification: \-l\30724.\ 08/13/2008 II , II Virginia Beach Development Authority Commissioners Donald V Jellig Choir Page G, lea Vice Choir TeTeso H, Corrington Secrelory Douglas DEllis As5i.\/ont Secretory Elizobelh A, Twohy Treasurer C. Maxwell Bartholomew, Jr. Commissioner Paul V. Michels Commissioner Jerrold l, Miller Commissioner Dan H. Brockwell Commissioner John W. Richardson Commissioner PTesco!l Sherrod CommiS5ioner EXHIBIT H ~".-"... , ;;<' VIRGINIA BEAC;;T September 16, 2008 :I:Z Mr. Donald V. Jellig Chair Virginia Beach Development Authority 222 Central Park Avenue, Suite lOOO Virginia Beach, V A 23462 Re: Westminster-Canterbury of Hampton Roads, Inc. Dear Don: The Department of Economic Development concurs with the issuance of residential care facility mortgage revenue bonds in an amount not to exceed $15,000,000 for Westminster-Canterbury of Hampton Roads, Inc. The issuance of these bonds by the Authority will be in the public interest, will benefit the inhabitants of the City of Virginia Beach through the promotion of their safety, health, welfare, convenience of prosperity and will provide a public benefit to the City by, among other things, ensuring the availability of modem and efficient medical services, special care and secure living accommodations for the elderly in accordance with their special needs. These funds are to be utilized primarily to finance the costs incurred in constructing a new parking garage and substantial renovations at Westminster- Canterbury's residential campus. I will be happy to answer any questions you may have at our meeting of September 16th. Sincerely, ~d~ Mark R. Wawner Project Development Coordinator /lIs 222 Central Pork Ave, Suite 1000 . Virginia Beach, Virginia 23462 . ph 757385.6464 or 8009894567 . fox 757.499 9894 z o i= <C o o ..J II' Ii II - 42 - Item V-J. 5. ORDINANCES/RESOLUTIONS ITEM # 58197 Upon motion by Councilman Diezel, seconded by Council Lady Wilson, City Council ADOPTED: Resolution to REQUEST a $450,000 Grant from the Commonwealth Transportation Board re the Thalia Creek Greenway project Voting: 8-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer, Vice Mayor Louis R. Jones and Ron A. Villanueva October 28, 2008 II II II 1 A RESOLUTION REQUESTING THE COMMONWEALTH 2 TRANSPORTATION BOARD PROVIDE ENHANCEMENT 3 GRANT FUNDING FOR THE THALIA CREEK GREENWAY 4 PROJECT 5 6 WHEREAS, in accordance with the Commonwealth Transportation Board's 7 prescribed procedures, it is necessary that the City of Virginia Beach endorse by resolution 8 any project submitted for consideration to receive Transportation Enhancement Grant 9 Funding from Virginia Department of Transportation (Department); 10 11 WHEREAS, the Transportation Enhancement Fund provides funding for up to 80% 12 of the cost of approved projects; and 13 14 WHEREAS, a source of the City's 20% cost share has been identified in CIP 4-018, 15 Greenways, Scenic Waterways and Natural Areas - Phase II. 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 That the City of Virginia Beach hereby requests the Commonwealth Transportation 21 Board provide enhancement grant funding for the Thalia Creek Greenway Project. 22 23 BE IT FURTHER RESOLVED that the City of Virginia Beach hereby agrees to pay a 24 minimum of twenty percent of the total cost of planning and design, right of way, 25 construction of this project, and that, if the City of Virginia Beach subsequently elects to 26 cancel this project, the City of Virginia Beach hereby agrees to reimburse the Virginia 27 Department of Transportation for the total amount of costs expended by the Department 28 through the date that the Department is notified of such cancellation. 29 30 Adopted by the Council of the City of Virginia Beach, Virginia, on the 31 ?At-l1 day of Or.toher ,2008. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 7:~v~ City 16orney's Office ~ CA 10897 R-2 October 17, 2008 II , II - 43 - Item V-J. 6. ORDINANCES/RESOLUTIONS ITEM # 58198 Upon motion by Councilman Diezel, seconded by Council Lady Wilson, City Council ADOPTED: Resolution to SUPPORT the Virginia Municipal League's (VML) resolution re Municipal Access to Capital Markets to stimulate state and local economies Voting: 8-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer, Vice Mayor Louis R. Jones and Ron A. Villanueva October 28,2008 II ; I i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Requested by Councilmember Rosemary Wilson A RESOLUTION IN SUPPORT OF THE VIRGINIA MUNICIPAL LEAGUE RESOLUTION ON MUNICIPAL ACCESS TO CAPITAL MARKETS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: WHEREAS, the United States economy is suffering from a severe credit crisis and sharp economic downturn; and WHEREAS, the foreclosure crisis has and will severely impact municipal revenues; and WHEREAS, local governments are one of the most critical sources of capital investment in the U.S. economy and local economies; and WHEREAS, the President of the United States has announced that the federal government will invest $250 billion to provide capital investment into banks and financial institutions to increase the availability of credit in the private sector; and WHEREAS, local government investment in public infrastructure requires access to capital markets and public sector investment in infrastructure is extremely important for job creation, economic development and community improvement; and WHEREAS, at its recent annual conference, the Virginia Municipal League adopted a resolution that urges the President and the Congress to take action to address municipal access to capital markets and to urge development of public infrastructure. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Council joins the Virginia Municipal League in urging the President and the Congress to take action, including prompt enactment of legislation, to stimulate state and local economies by reducing the cost of short and long-term capital to local government and states. 2. That such federal actions should include: access for the Federal Reserve to purchase municipal paper; steps to reduce long-term municipal interest rates; and assistance with the cost of issuance of municipal debt. 3. That the City Council joins the Virginia Municipal League in urging the President and Congress to take all steps necessary to promote a long-term strategy to strengthen and stabilize the economy by developing the public infrastructure of the United States. II II II 47 4. That the City Clerk is hereby directed to transmit a copy of this resolution to both 48 of Virginia's United States Senators and Virginia Beach's Congressperson, as well as the 49 Virginia Municipal League. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the .2..B..t.b day of 52 Or.tohpr , 2008. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: ;e~~ City Attorney's Offi CA 10901 R-2 October 23, 2008 - 44- Item V-J. 7.aIb. ORDINANCES/RESOLUTIONS ITEM # 58199 Upon motion by Councilman Diezel, seconded by Council Lady Wilson, City Council ADOPTED: Re Homeless families: a. Ordinance to APPROVE the Plan to end Family Homelessness b. Resolution to recognize and express gratitude to the Dragas Family and ACCEPT a $500,000 grantfrom the George and Grace Dragas Family Foundation Voting: 8-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer, Vice Mayor Louis R. Jones and Ron A. Villanueva October 28, 2008 II II RESOLUTION RESOLUTION TO RECOGNIZE AND THANK THE GEORGE AND GRACE DRAGAS FAMILY FOUNDATION AND TO ADOPT A PLAN TO END FAMILY HOMELESSNESS WHEREAS, Virginia Beach's vision of Community for a Lifttime includes all residents; WHEREAS, addressing the problem of homelessness is a part of achieving that vision; WHEREAS, on April 23, 2007, Council adopted a Ten-year Plan to End Homelessness; WHEREAS, the George and Grace Dragos Family Foundation, bosed in part on the Council's commitment to end homelessness. has generously promised $500,000 injUnding to address family homelessness in Virginia Beach; WHEREAS, staff have developed a proposal to end family homelessness that effectively uses the Dragos Family FoundationjUnds and other jUnds; and WHEREAS, Council wishes to recognize and thank the Foundation and to endorse the plan for the use of jUnds presented by staff. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA: That the Council expresses its deep appreciation of the grant provided by the George and Grace Dragos Family Foundation and specifically to MR. HelenDragas. andfurther. BE IT FURTHER RESOL VED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Council adopts the Plan to End Family Homelessness presented by the staff and made possible in great part by the Foundation's grant. Adopted by the Council of the City of Virginia Beach, Virginia on the 28th day of October, 2008. ~~...~~ Barbara MHt!rlJ~. COU1tt:IJ Membe R.Ju. J.. 'rrJI- - ba S. McCJanan. COIIItCII M~mber (. .L,:~ ~.~ Louis R. JOfU!II. e Mayor , COlIIICiI Member 29"'""" Wi'" C u-.. .... ~ atfU!1I ~. Wood, ~I M~mNr II I II 1 RESOLUTION TO RECOGNIZE AND THANK THE 2 GEORGE AND GRACE DRAGAS FAMILY FOUNDATION 3 AND TO ADOPT A PLAN TO END FAMILY 4 HOMELESSNESS 5 6 WHEREAS, Virginia Beach's vision of Community for a Lifetime includes all 7 residents; 8 9 WHEREAS, addressing the problem of homelessness is a part of achieving that 10 vision; 11 12 WHEREAS, on April 23, 2007, Council adopted a Ten-year Plan to End 13 Homelessness; 14 15 WHEREAS, the George and Grace Dragas Family Foundation, based in part on 16 the Council's commitment to end homelessness, has generously promised $500,000 in 17 funding to address family homelessness in Virginia Beach; 18 19 WHEREAS, staff have developed a proposal to end family homelessness that 20 effectively uses the Dragas Family Foundation funds and other funds; and 21 22 WHEREAS, Council wishes to recognize and thank the Foundation and to 23 endorse the plan for the use of funds presented by staff. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 That the Council expresses its deep appreciation of the grant provided by the 29 George and Grace Dragas Family Foundation and specifically to Ms. Helen Dragas, and 30 further. 31 32 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 33 BEACH, VIRGINIA: 34 35 That the Council adopts the Plan to End Family Homelessness presented by the 36 staff and made possible in great part by the Foundation's grant. Adopted by the Council of the City of Virginia Beach, Virginia on the 28th October ,2008. day of APPROVED AS TO CONTENT: SUFFICIENCY: APPROVED AS TO LEGAL .8~u.~ Management Services ~~r:5~~ - fly Attorney's -If. - CA 10880 / R-1 / October 1, 2008 II Ii 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 AN ORDINANCE TO ACCEPT FUNDING FROM THE DRAGAS FAMILY FOUNDATION AND TO TRANSFER FUNDS TO THE FY 2008-09 DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION OPERATING BUDGET BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $500,000 is hereby accepted from the Dragas Family Foundation and appropriated to the FY 2008-09 Department of Housing and Neighborhood Preservation Operating Budget to address homelessness in families with children. 2. That $35,000 is hereby transferred from the General Fund Reserve for Contingencies to the FY 2008-09 Department of Housing and Neighborhood Preservation Operating Budget as a local match for the Plan to End Family Homelessness. 3. That the City Manager is hereby authorized to sign necessary contracts with the Dragas Family Foundation and any other organizations to conform with the grant requirements. Adopted by the Council of the City of Virginia Beach, Virginia on the 28th day of October ,2008. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~c- J~-Jw~D, ~ I Management Services CA 10879 R-3 October 20,2008 II , I' - 45 - Item V-J.8. ORDINANCES/RESOLUTIONS ITEM # 58200 Upon motion by Councilman Diezel, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AUTHORIZE the City Manager to execute an Installment Purchase Agreement with John A. and Mary Sandra Baum re an Agricultural Land Preservation (ARP) easement at 6465 Crags Causeway Voting: 7-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Barbara M Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Abstaining: William R. "Bill" DeSteph Council Members Absent: Robert M Dyer, Vice Mayor Louis R. Jones and Ron A. Villanueva Councilman DeSteph ABSTAINED pursuant to Section 2.2-3115(G), Code of Virginia, J 8 (Baum ARP Easement) as he owns property abutting this application. October 28, 2008 II II ,II 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 $667,246. (PROPERTY OF JOHN A. BAUM AND MARY 6 SANDRA BAUM) 7 8 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 9 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 10 presented to the City Council a request for approval of an Installment Purchase Agreement 11 (the form and standard provisions of which have been previously approved by the City 12 Council, a summary of the material terms of which is hereto attached, and a true copy of 13 which is on file in the City Attorney's Office) for the acquisition of the Development Rights 14 (as defined in the Installment Purchase Agreement) on certain property located in the City 15 and more fully described in Exhibit B of the Installment Purchase Agreement for a 16 purchase price of $667,246; and 17 18 WHEREAS, the aforesaid Development Rights shall be acquired through the 19 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 20 compliance with, the requirements of the Ordinance; and 21 22 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 23 purchase as evidenced by the Installment Purchase Agreement; 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 1. The City Council hereby determines and finds that the proposed terms and 29 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 30 Agreement, including the purchase price and manner of payment, are fair and reasonable 31 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 32 is hereby authorized to approve, upon or before the execution and delivery of the 33 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 34 balance of the purchase price set forth hereinabove as the greater of 3.6500% per annum 35 or the per annum rate which is equal to the yield on United States Treasury STRIPS 36 purchased by the City to fund such unpaid principal balance; provided, however, that such 37 rate of interest shall not exceed 5.6500% unless the approval of the City Council by 38 resolution duly adopted is first obtained. 39 40 2. The City Council hereby further determines that funding is available for the 41 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 42 the terms and conditions set forth therein. 43 44 3. The City Council hereby expressly approves the Installment Purchase 45 Agreement and, subject to the determination of the City Attorney that there are no defects 46 in title to the property or other restrictions or encumbrances thereon which may, in the II II .11 47 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 48 Manager or his designee to execute and deliver the Installment Purchase Agreement in 49 substantially the same form and substance as approved hereby with such minor 50 modifications, insertions, completions or omissions which do not materially alter the 51 purchase price or manner of payment, as the City Manager or his designee shall approve. 52 The City Council further directs the City Clerk to affix the seal of the City to, and attest 53 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 54 incurrence of the indebtedness represented by the issuance and delivery of the Installment 55 Purchase Agreement. 56 57 4. The City Council hereby elects to issue the indebtedness under the Charter 58 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 59 the indebtedness a contractual obligation bearing the full faith and credit of the City. 60 61 Adoption requires an affirmative vote of a majority of all members of the City 62 Council. 63 64 Adopted by the Council of the City of Virginia Beach, Virginia, on this ?Rt-h.dayof 65 October, 2008. CA 10764 V:\applicationslcitylawprodlcycom321WpdocsID014IP004100069607. DOC R-1 DATE: October 14, 2008 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: If c.----" Agriculture Department lutitv q W04~ City Attorney's Office CERTIFIED AS TO AVAILABILITY OF FUNDS: ~~~n~~ 2 II II AGRICUL TURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2008-91 SUMMARY OF MATERIAL TERMS SELLER: BAUM, John A. and Mary Sandra PROPERTY LOCATION: 6465 Crags Causeway, Princess Anne District PURCHASE PRICE: $667,246 EASEMENT AREA: 98.77 acres, more or less DEVELOPMENT POTENTIAL: 9 single-family dwelling sites (8 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 3.6500% (actual rate to be determined when STRIPS are purchased prior to execution of IPA). Rate may not exceed 5.6500% 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 ofIP A. II II - 46- Item V-J.9.a/c. ORDINANCES/RESOLUTIONS ITEM # 58201 Upon motion by Councilman Diezel, seconded by Council Lady Wilson, City Council ADOPTED: Ordinances to AUTHORIZE acquisition and the City Manager to execute al/ documents re: a. 17.64 acres on General Booth Boulevard from the Commonwealth of Virginiafor $300,000 re Open Space c. .057 acre near the Lake Smith Fishing Station from Lauren Peyton Bel/, Karen and Walter Peyton, Jr.jor $13,000 re Open Space Voting: 8-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer, Vice Mayor Louis R. Jones and Ron A. Villanueva October 28, 2008 II II , II 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 AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF 17.64+/- ACRES OF REAL PROPERTY LOCATED ON GENERAL BOOTH BOULEVARD FROM THE COMMONWEALTH OF VIRGINIA FOR $300,000 WHEREAS, the Commonwealth of Virginia ("Commonwealth") is the owner of an approximately 17.64+/- acre parcel of real estate located on the west side of General Booth Boulevard, between Berknor Drive and South Birdneck Road, in the City of Virginia Beach, Virginia (the "City"), GPIN 2416-61-5781 (the "Property"); WHEREAS, Commonwealth desires to sell the Property to the City for $300,000; WHEREAS, the City Council of the City of Virginia Beach, Virginia is of the opinion that the acquisition of the Property would further the City's Open Space initiative; WHEREAS, funding for this acquisition is available in the Open Space Acquisition CIP account (CIP 4-004). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1 . That the City Council authorizes the acquisition of the Property pursuant to 915.2-1800 of the Code of Virginia (1950), as amended, which Property is generally identified as GPIN 2416-61-5781 and shown on Exhibit A attached hereto. 2. That the City Manager or his designee is further authorized to execute all documents that may be necessary or appropriate in connection with the purchase of the Property, so long as such documents are in accordance with the Summary of Terms attached hereto and such other terms, conditions or modifications as may be acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th day of October , 2008. CA-10765 V: ,applications\citylawprod\cycom32\ Wpdocs\DO 14\P004\00069648,DOC APPROVED AS TO LE SUFFICIENC . R-1 October 16,2008 APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: P ~ II ,I i SUMMARY OF TERMS An Ordinance to Authorize the Acquisition of 17.64+/- acres of Real Property Located on General Booth Boulevard from the Commonwealth of Virginia for $300,000. OWNER: Commonwealth of Virginia BUYER: City of Virginia Beach ZONING: P-l/R-5-D AICUZ: >75dBDNL SALE PRICE: $300,000 at Settlement by check. SOURCE OF FUNDS: CIP4-004 - Open Space Program Site Acquisition Project SETTLEMENT DATE: On or before thirty (30) days after acquisition is authorized by Council. SPECIAL TERMS AND CONDITIONS: . City shall accept the Property "as-is" . Seller shall prepare Deed conveying title to the Property to City and pay all expenses of preparation ofthe Deed, the grantor's tax and its own attorney's fees and costs. . City shall bear all other costs of closing. V :\applicationslcitylawprodlcycom321 WpdocslDO 141P00410006964 7 .DOC EXHIBIT A x kti -i, lit s ill .." i' ! II> S- III f 11 l'i.i "ll ;:ll 0 m )> 0 9 t i: ::::l r- (') ~ 0 ~ 0 i 18 g !=:t 9' !l. n; - <: ~ 0 a' ::i" II Z !.: ~ B ~O :3 i: :3 0 )> i <'" llt ..... - " S' ~ !l. ~ - .a Z ;:r iii' - l..!!.1 3 > Ii I (; i t '" ~ ::::I a. :'ll ~ m ::> 'P I fI) c "" ''8 ;;'!, fI) '" :2 i'r m ~ ~ c ~ ... ~ (I> :s:: L !>> II' II II 1 AN ORDINANCE TO AUTHORIZE THE 2 ACQUISITION OF 2,500+/- SQ. FT. (.057 AC.) 3 OF REAL PROPERTY FOR OPEN SPACE 4 NEAR LAKE SMITH FISHING STATION FOR 5 $13,000 FROM THE HEIRS OF MIRIAM A. 6 PEYTON 7 8 WHEREAS, Lauren Peyton Bell, Karen E. Peyton, and Walter B. Peyton, Jr., 9 (collectively the "Owners") inherited Lot 11, Block 2, Lakeside, Bayside District, GPIN 1469- 10 52-5403 (the "Property") from Miriam B. Peyton; 11 12 WHEREAS, the Owners desire to sell the Property to the City of Virginia Beach (the 13 "City"); 14 15 WHEREAS, the City's Open Space Subcommittee has identified the Property as a 16 parcel to be considered for acquisition as part of the City's Open Space initiative and has 17 recommended that the Property be acquired for use as natural area surrounding the Lake 18 Smith Fishing Station; 19 20 WHEREAS, the City Council of the City of Virginia Beach is of the opinion that the 21 acquisition of the Property would further the City's Open Space initiative; 22 23 WHEREAS, funding for this acquisition is available in the Open Space Acquisition 24 CIP account (CIP 4-004). 25 26 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 27 VIRGINIA: 28 29 1. That the City Council authorizes the acquisition of the Property by purchase 30 pursuant to 9 15.2-1800 of the Code of Virginia (1950), as amended, which Property is 31 generally identified as GPIN 1469-52-5403 and shown as Lot 11, Block 2, Map of Lakeside 32 (MB3, PG171), as shown on Exhibit A attached hereto. 33 34 2. That the City Manager or his designee is further authorized to execute all 35 documents that may be necessary or appropriate in connection with the purchase of the 36 Property, so long as such documents are in accordance with the Summary of Terms 37 attached hereto, and such other terms, conditions or modifications as may be acceptable 38 to the City Manager and in a form deemed satisfactory by the City Attorney. 39 40 Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th day of 41 October ,2008. II CA-10761 v :\applicationslcitylawprodlcycom321 Wpdocs\D021 \P00310005 75 98 ,DOC R-1 October 16, 2008 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: c. s blic Works/Real Estate APPROVED AS TO CONTENT: ~ Par s & Recreation , I' SUMMARY OF TERMS An Ordinance to authorize the acquisition of 2,500+/- sq. ft. (.057 ac.) of real property for Open Space near Lake Smith Fishing Station for $13,000 from the heirs of Miriam A. Peyton. PROPERTY SIZE AND LOCATION: 2,500+1- sq. ft. (.057 ac.) ofreal property known as Lot 11, Block 2, Lakeside, Locust Crescent, GPIN: 1469-52-5403, located in the Bayside District SELLER: Lauren Peyton Bell, Karen E. Peyton, and Walter B. Peyton, Jr., heirs of Miriam A. Peyton BUYER: City of Virginia Beach ZONING: R-5-D AICUZ: NIA SALE PRICE: $13,000 at Settlement by check. SOURCE OF FUNDS: CIP4-004 1 Open Space Program Site Acquisition Project SETTLEMENT DATE: On or before thirty (30) days after acquisition is authorized by City Council. SPECIAL TERMS AND CONDITIONS: . Property must be conveyed free and clear of all leases, tenancies and rights of possession of any and all parties other than the City. . Seller shall pay the grantor's tax and its own attorney's fees and costs. . City shall bear all other costs of closing. V :\applications\citylawprod\cycom32\ Wpdocs\D008\P007\00069264 ,DOC Ii - 47- Item V-9.h. ORDINANCES/RESOLUTIONS ITEM # 58202 Upon motion by Councilman Diezel, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to A UTHORIZE acquisition and the City Manager to execute all documents re: b. Property at 400 Atlantic Avenue and 205 4Th Street from Winifred Murphy, Brenda J. Smith, Faye J. Molnar and Forrest C. Ozhurnfor $1,500,000 Voting: 7-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph. Harry E. Diezel, Barbara M Henley, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Reba S. McClanan Council Members Absent: Robert M Dyer, Vice Mayor Louis R. Jones and Ron A. Villanueva Council Lady McClanan DISCLOSED and ABSTAINED pursuant to Section 2.2-3115(G), Code of Virginia. 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 28, 2008 II 11I1 1 AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF 2 TWO ADJACENT PARCELS OF REAL PROPERTY 3 TOTALING 17,864+/- SQ. FT. (0.40 acres) LOCATED AT 4 400 ATLANTIC AVENUE AND 205 4th STREET, IN THE 5 CITY OF VIRGINIA BEACH FOR $1,500,000 FROM 6 WINFRED L. MURPHY, BRENDA J. SMITH, FAYE J. 7 MOLNAR AND FORREST C. OZBURN 8 9 WHEREAS, Winfred L. Murphy, Brenda J. Smith, Faye J. Molnar and Forrest C. 10 Ozburn (collectively, "Sellers") own two adjacent parcels of real property totaling 17,864 11 +/- square feet (0.40 acres) at 400 Atlantic Avenue and 205 4th Street, Beach District, 12 GPIN 2427-22-8656 and GPIN 2427-22-9617 (collectively the "Property"); 13 14 WHEREAS, Sellers desire to sell the Property to the City of Virginia Beach (the 15 "City"); 16 17 WHEREAS, the City has identified the Property as a strategic site for potential 18 future development at the Rudee Loop section of the Oceanfront; and 19 20 WHEREAS, funding for this acquisition is available in the Various Site 21 Acquisitions CIP account (CIP 3-368). 22 23 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 24 BEACH, VIRGINIA: 25 26 1. That the City Council authorizes the acquisition of the Property by 27 purchase pursuant to ~ 15.2-1800 of the Code of Virginia (1950), as amended, which 28 Property is generally identified as GPIN 2427-22-8656 and GPIN 2427-22-9617 and 29 shown on Exhibit A attached hereto. 30 31 2. That the City Manager or his designee is further authorized to execute all 32 documents that may be necessary or appropriate in connection with the purchase of the 33 Property, so long as such documents are in accordance with the Summary of Terms 34 attached hereto, and such other terms and conditions deemed necessary and sufficient 35 by the City Manager and in a form deemed satisfactory by the City Attorney. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th day 38 of October, 2008. CA-10762 v :\applicationslcitylawprodlcycom321 Wpdocs\DO 141P004100069720,OOC R-1 October 17, 2008 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL s~ City Attorney's Office ~h- C. ~6P.. P . c Works/Real state II SUMMARY OF TERMS An Ordinance to Authorize the purchase of two adjacent parcels of real property totaling 17,864 +/- s~ ft. (0.40 acres) located at 400 Atlantic Avenue and 205 4t Street in the City of Virginia Beach for $1,500,000 from Winfred L. Murphy, Brenda J. Smith, Faye J. Molnar and Forrest C. Ozburn. SELLERS: Winfred L. Murphy, Brenda J. Smith, Faye J. Molnar and Forrest C. Ozburn. BUYER: City of Virginia Beach ZONING: RT-1 AICUZ: 65 - 70 dB DNL SALE PRICE: $1,500,000 at Settlement SOURCE OF FUNDS: CIP 3-368- Various Site Acquisitions SETTLEMENT DATE: On or before thirty (30) days after acquisition is authorized by Council. SPECIAL TERMS AND CONDITIONS: . Seller shall prepare Deed conveying title to the Property to City and pay all expenses of preparation of the Deed, the grantor's tax and its own attorney's fees and costs. . City shall bear all other costs of closing. EXHIBIT A I' - 48 - Item V-J.] O. ORDINANCES/RESOLUTIONS ITEM # 58203 Upon motion by Councilman Diezel, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AUTHORIZE temporary encroachments into portions of City property for Michael C. and Virginia A. Maloney to construct and maintain a pier extension, four pile boat lift, existing dock and deck at 304 Teal Crescent (DISTRICT 7 - PRINCESS ANNE); The following conditions shall be required: 1. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval 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 "). 8. It is further expressly understood and agreed that the Grantee shall make a Seven Hundred Ninety Eight Dollar ($798.00) payment, payable to the City Treasurer, to the Department of Planning in lieu of the riparian buffer that will not be established on the property; said buffers are a standard condition of the City for shoreline encroachments. Said payment will be used to restore buffer areas on other City owned property. October 28, 2008 - 49- Item V-J.I0. ORDINANCES/RESOLUTIONS ITEM # 58203 (Continued) 9. It is further expressly understood and agreed that prior to issuance of a right-ofway/utility easement permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. 10. 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. 11. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. 12. 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. 13. 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,' 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,' if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: 8-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer, Vice Mayor Louis R. Jones and Ron A. Villanueva October 28, 2008 I" 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF A VARIABLE 6 WIDTH CANAL ON CITY PROPERTY 7 LOCATED AT THE REAR OF 304 8 TEAL CRESCENT, FOR PROPERTY 9 OWNERS MICHAEL C. MALONEY 10 AND VIRGINIA A. MALONEY 11 12 WHEREAS, Michael C. Maloney and Virginia A. Maloney desire to construct and 13 maintain a pier extension and a 4 pile boat lift and to maintain an existing dock and deck 14 upon a portion of a variable width canal on City property, located at the rear of 304 Teal 15 Crescent in the City of Virginia Beach, Virginia. 16 17 WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2-2107, 18 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 19 City's right of way/property subject to such terms and conditions as Council may 20 prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 That pursuant to the authority and to the extent thereof contained in 99 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Michael C. Maloney and 26 Virginia A. Maloney, their heirs, assigns and successors in title are authorized to 27 construct and maintain temporary encroachments for a pier extension and a 4 pile boat 28 lift and to maintain an existing dock and deck in a portion of the City's property as 29 shown on the map marked Exhibit "A" and entitled: " "EXHIBIT A" ENCROACHMENT 30 OF PROPOSED PIER & BOATLlFT AND EXISTING DOCK & DECK IN SAND BROAD 31 LAKE AT LOT 77 SANDBRIDGE SHORES SECT. 1B - NORTH MB 103 P 24 32 VIRGINIA BEACH, VIRGINIA," a copy of which is on file in the Department of Public 33 Works and to which reference is made for a more particular description; and 34 35 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 36 subject to those terms, conditions and criteria contained in the Agreement between the 37 City of Virginia Beach and Michael C. Maloney and Virginia A. Maloney (the 38 "Agreement"), which is attached hereto and incorporated by reference; and 39 40 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 41 is hereby authorized to execute the Agreement; and 42 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 44 time as Michael C. Maloney and Virginia A. Maloney and the City Manager or his 45 authorized designee execute the Agreement. 46 , III 47 48 of Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th day October , 2008. CA-10750 X:IOIDlREAL ESTATEIEncroachmentslPW OrdinanceslCA10750 Maloney Ordiance.doc V:lapplicationslcilylawprodlcycom32lWpdocslDO 131PO03100064 702,DOC R-1 PREPARED: 9/15/08 APPROVED AS TO CONTENTS ~b!. .D-- ~~~Iay PUBLIC WORKS, REAL ES E APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~ J.,)Lv:t SprCK,'tll(>\A CI . ATTORNEY I EXHIBIT A -0 (i <3 m a 'Ci '"< -0 ~ ::J ~ i'Tl ::J ~ x ~ &l. is. ~ () ~ (!l (fJ ;g (!l ::J 0- m s: i -0 (!l ';;>. o ::J -u ;:) ~ ;::i. ~ (!l ';$. o ::J ::; X 0- II .11 PREPARED BY VIRGINIA BEACH CITY A TIORNEY'S OFFICE (BOX 31 ) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this /1~ day Of$- , 2008, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and MICHAEL C. MALONEY AND VIRGINIA A. MALONEY, 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 77" as shown on that certain plat entitled: "SANDBRIDGE SHORES SECTION 1 B NORTH PRINCESS ANNE BOROUGH VIRGINIA BEACH, 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 103, at page 24, and being further designated, known, and described as 304 TEAL CRESCENT, Virginia Beach, Virginia 23456; . WHEREAS, it is proposed by the Grantee to construct and maintain a pier extension and a 4 pile boat lift and to maintain an existing dock and deck, 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 variable width canal on City property located adjacent to Sand Broad Lake, the "Encroachment Area"; and GPIN: 2433-27-3415 2433-26-0888 (City Property- canal) II 'II 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 a nd 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: ""EXHIBIT A" ENCROACHMENT OF PROPOSED PIER & BOATLlFT AND EXISTING DOCK & DECK IN SAND BROAD LAKE AT LOT 77 SANDBRIDGE SHORES SECT. 1 B - NORTH MB 103 P 24 VIRGINIA BEACH, VIRGINIA" 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 2 II; III be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood 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 within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall make a SEVEN HUNDRED NINETY EIGHT DOLLAR ($798.00) payment, payable to the City Treasurer, to the Department of Planning in lieu of the riparian buffer that will not be established on the property; said buffers are a standard condition of the City for shoreline encroachments. Said payment will be used to restore buffer areas on other City owned property. 3 II It is further expressly understood and agreed that prior to issuance of a right of way/utility easement permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. 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. 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. 4 II I I 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 eaGh 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, Michael C. Maloney and Virginia A. Maloney, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 II I II CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2008, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2008, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Public (SEAL) Notary Registration Number: My Commission Expires: 6 II I' '- STATE OF VIRGINIA ~ CITY/COUNTY OF 0\~,Y\\ Q. ~Ur,{o-wit: The foregoing instrument was acknowledged before me this \ l+"-day of Scua.* . , 2008, by Michael C. Maloney. ~~~~ Notary Public Notary Registration Number:' ~ O~ 4-2- ~ My Commission Expires: 9 \ t:O J \ L-- ,---------OFF.cIAlSEAL--- '~tmARY PIJI.IC.CO.IDMETH OFVRIIA , HEATHER MARIE ANDERSON ~ CITY OF VIRGINIA BEACH - 101 7203429 My CommIssIon ExpIres September 30.2012 . .............",..~.."............................"...,.......,........., STATE OF VIRGINIA ~ CITYJCOUNTY OF V\'t~,y\\CA... TJ1D.( ~-wit: The foregoing instrument was acknowledged before me this '(\~ay of ~. ,2008, by Virginia A. Maloney. Notary Public ) Notary Registration Number:I}..O'~~ 2 ~ My Commission Expires: ~l30 [ \ 1..- 7 --.-------..- ~------- OFFICIAL SEAL Q)NOTMY PUBIJC.C()I.UOtTH OFVIRGHk \ HEATHER MARIE ANDERSON CITY OF VtRGINIA BEACH - 101 7203428 My Comm\tIlOR ExpIres September 30, 2012 L ..,...",.....,...,.....,...",..~.." .' a_......---- II I I I APPROVED AS TO CONTENTS ~~0>-.~mmo~>-C\ SIGNATURE CJt;i(/~ 9\0 \.(2-p () ~ <(~1 ~ ; DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM (J~\.~cl 5f'0" Cl'u,I>L CI ATTORNEY 1 8 -EXHIBIT A- ENCROACHMENT OF PROPOSED PIER & BOA TUFT AND EXISTING DOCK & DECK IN SAND BROAD LAKE AT LOT 77 SANDBRIDGE SHORES SECT. 1 B - NORTH MB 103 P 24 VIRGINIA BEACH, VIRGINIA SCALE: 1" = 40' JUNE 9, 0' 40' 80' ~ I II' PROPOSED 4 PILE BOAT UFT C) ~-<- ro....~ <v <<" <0 ~rof8,f ~f?' ~':v nOo V Ao." '?- (,V !\.-V f? ~ (\o~ ~ ~ CJ<V r- ~~ C)onO ~ ~~~ \ f); <0' ...J 4J ~o (). ..fy E. ':) \ ~$;) ~. ~V r{ &-.~ 6< ~~.... ( ~0'~ ~~ ~ ~ 'V \' ~0~. APPROX. ~GE....-1 ~~'-' rJ.~ OF WATER \ \ \ \ ) / ) /" / ./ 08-68dwg PROPOSED 5'x29' PIER EXTENSION EXISTING DOCK & DECK (15.5'x16.5') /" PARCEL A PROPERTY OF CITY OF VIRGINIA BEACH INST. NO. 20070522000686140 GPIN: 2433-27-3415 \ ~\ .0\ .0 \ 9\ ~ , ~ \ llJ \ z ~ \ \ LOT 50 SANDBRIDGE SHORES SECT. 1 A- NORTH MB 78 P 50 RANDY HOLDER GPIN 2433-26-2913 LOT 77 GPIN: 2433-26-0888 ADDRESS: 304 TEAL CRESCENT PROPERTY OF MICHAEL C. MALONEY & VIRGINIA A. MALONEY DB 4665 P 1367 c't..~\ C~'t..S ~~\.. REF: PHYSICAL FEATURES TAKEN FROM PHYSICAL SURVEY, DATED 11/1/95 BY JOHN E. SIRINE & ASSOC. L TO. & PREPARED FOR MICHAEL C. MALONEY & VIRGINIA A. MALONEY I GALLUP SURVEYORS & ENGINEERS. L TO. 323 FIRST COLONIAL ROAD VIRGINIA BEACH. VIRGINIA 23454 (757)428-8132 2008 120' I II' I III - 50 - Item V-J.ll. ORDINANCES/RESOLUTIONS ITEM # 58204 Upon motion by Councilman Diezel, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to ACCEPT a Grant and APPROPRIA TE $187,060 from the Office of Community Oriented Policing Services (COPS) re technology needs Voting: 8-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer, Vice Mayor Louis R. Jones and Ron A. Villanueva October 28, 2008 II I I 1 2 3 AN ORDINANCE TO ACCEPT A GRANT AND APPROPRIATE FUNDS FOR PUBLIC SAFETY TECHNOLOGY 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 6 7 8 9 10 11 12 13 That $187,060 is hereby accepted from the U. S. Department of Justice and appropriated to the Police Department's FY 2008-09 Operating Budget for public safety technology, with estimated revenues increased accordingly. of Adopted by the Council of the City of Virginia Beach, Virginia on the 28th October 2008 day Requires an affirmative vote by a majority of all the members of City Council. Approved as to Content: Approved as to Legal Sufficiency: 1jo~~0.~ Management Services (7<<dcfi!b City Attorney's . ~ CA 10887 R-2 October 14, 2008 I; U.S. Department of Justice Office of Community Oriented Policing Services (COPS) Office of the Director 1100 Vermont Ave.. NW Washington. DC 20530 September 25, 2008 Chief of Police Alfred Jacocks Virginia Beach, City of 2509 Princess Anne Road Municipal Center, Building II Virginia Beach, V A 23456 RECEf\/ED SEP 29 2008 Re: Technology Program Grant #2008CKWX0561 ORI#: VA 12800 VIRGINIP., BEl\CH POLICE DEPT. CHIEFS OFFICE Dear Chief of Police Jacocks: Congratulations! On behalf of the Department of Justice, I am pleased to inform you that the COPS Office has approved your agency's request for funding under the COPS Technology Program. Enclosed in this packet is your grant award. The award document must be signed and returned to the COPS Office within 90 days to officially accept your grant. On the reverse side of the grant award is a list of conditions that apply to your grant. You should read and familiarize yourself with these conditions. This package also contains other important information to assist with the implementation of your grant, including your Grant Owner's Manual. The official start date of your grant is December 26,2007. Therefore, you can be reimbursed for approved expenditures after this date. Please carefully review your financial clearance memorandum to detennine your approved budget, as some of your requested items may not have been approved by the COPS Office during the budget review process, and grant funds may only be used for approved items. Please be aware that any vendor or contractor who participated in drafting your grant application may not receive federal funding for any procurement under this award. Within a few weeks, you will receive a PAPRS package from the Office of the Comptroller, Office of Justice Programs. This important package will contain forms and instructions necessary to begin drawing down funds for your grant. Once again, congratulations on your Technology Program award. If you have any questions about your grant award, please do not hesitate to call your Grant Program Specialist through the COPS Office Response Center at 1.800.421.6770. Sincerely, ~\({JQ Carl R. Peed Director III u. S. Department of Justice Community Oriented Policing Services Grants Administration Division (GAD) Law Enforcement Technology 1100 VermonJ Avenue. NW Washington, DC 211530 Memorandum To: Chief of Police Alfred M. Jacocks Virginia Beach, City of From: Andrew A. DOfT, Assistant Director for Grants Administration Verlena Braxton, Grant Program Specialist Budget Prepared By: Antia Noonan, Grant Program Specialist Re: Law Enforcement Technology Financial Clearance Memo A financial analysis of budgeted costs has been completed. Costs under this award appear reasonable, allowable, and consistent with existing guidelines. Exceptions / Adjustments are noted below. OJP Vendor #: 540722061 ORI #: V A12800 Grant #: 2008CKWX0561 Budl!et Catel!ory Proposed Budl!et Approved Budl!:et Adiustments Disallowed/Adiusted - Reasons/Comments Equipment $88,750.00 $88,750.00 $0.00 Other $98,310.00 $98,310.00 $0.00 Direct Costs: $187,060.00 $187,060.00 $0.00 Grand Total $187,060.00 $187,060.00 $0.00 Grand Total: Federal Share: $ 187,060.00 Applicant Share: $ 0.00 -- Cleared Date: 8/29/2008 Overall Comments: All costs listed in this budget were programmatically approved based on the final budget detail worksheet submitted by your agency to the COPS Office. Maintenance agreements (if applicable) must be purchased within the three year grant period. Prior to the obligation, expenditure or drawdown of grant funds for non-competitive contracts in excess of $1 00,000, grantee must submit a sole source justification to the COPS Office for review and approval. Prior to the obligation, expenditure, or drawdown of grant funds for consultant fees in excess of$550 per day when the consultant is hired through a noncompetitive bidding process, approval must be obtamed from the COPS Office. If the vendor number on this form differs from the EIN number included in your application, then for administrative purposes only, we are assigning a different vendor number to your agency. The reason for this administrative change is that your original EIN number has been assigned to another agency, If this applies to your agency, please use the new vendor number on all financial documents related to this grant award, The vendor number should not be used for IRS purposes and only applies to this grant. I" - 51 - Item V-J.i2. ORDINANCES/RESOLUTIONS ITEM # 58205 Upon motion by Councilman Diezel, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to GRANT a no-interest loan and revise the 2004 payment schedule for the Virginia Aquarium and Marine Science Center Foundation re ajoint renovation project and APPROPRIATE the loan at $l-Million Voting: 8-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer, Vice Mayor Louis R. Jones and Ron A. Villanueva October 28, 2008 II 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 I" AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE AN INTEREST-FREE LOAN TO THE VIRGINIA AQUARIUM AND MARINE SCIENCE CENTER FOUNDATION FOR THE AQUARIUM RENOVATION PROJECT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT: 1. $1,000,000 is hereby appropriated from the fund balance of the General Fund for an interest-free loan to the Virginia Aquarium and Marine Science Center Foundation to support the activities associated with the joint Aquarium renovation project, contingent upon execution of the attached promissory note; 2. This loan is to be repaid by the Virginia Aquarium and Marine Science Center Foundation over five (5) years, pursuant to the terms of the attached promissory note; 3. The Foundation, as a condition of receiving this loan, shall provide quarterly reports, beginning on January 1, 2009, to the City Manager concerning the status of the Foundation's pledge campaign and collections; 4. The respective obligations of the City and the Foundation for the improvement of exhibits at the Virginia Aquarium & Marine Science Center shall continue pursuant to the Cooperation Agreement between the City and the Foundation, dated November 10, 2004. Adopted by the Council of the City of Virginia Beach, Virginia on the 28th dayof October ,2008. Requires an affirmative vote by a majority of all members of the City Council. Approved as to Content: Approved as to Legal Sufficiency: lC)()~o.~ Management Services ' /~()' ~ City"--'A torney's Offic ~ CA 10889 R-3 October 15, 2008 II II PROMISSORY NOTE VIRGINIA AQUARIUM & MARINE SCIENCE CENTER FOUNDATION Virginia Beach, Virginia U.S. $1,000,000 Oct. _, 2008 FOR VALUE RECEIVED, the VIRGINIA AQUARIUM & MARINE SCIENCE CENTER FOUNDATION, INC. ("Foundation"), a Virginia non-profit corporation having an address of 717 General Booth Boulevard, Suite 1, Virginia Beach, Virginia, 23451, promises to pay to the order of the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "City") having an address of Finance Department, Municipal Center, Building One, Virginia Beach, Virginia, 23456, the principal sum of ONE MILLION DOLLARS ($1,000,000), without interest, from the date hereof until paid. A. Payments: Principal shall be payable as follows: 1: Continuing each year until paid in full; five (5) equal installments of principal shall be due and payable. No interest shall accrue on the principal. Such payments shall be: 1. $200,000 due on or before January 15,2010; 2. $200,000 due on or before January 15, 2011; 3. $200,000 due on or before January 15,2012; 4. $200,000 due on or before January 15,2013; 5. $200,000 due on or before January 15,2014. 2: The Foundation covenants and agrees to conduct fundraising efforts that will provided revenues sufficient to meet its obligations hereunder. 3: All payments on this Note shall be made by cashier's check, certified check or by wire transfer to the account designated by the City Department of Finance. 1 II B. Waivers. Extensions and Costs: The Foundation (a) waives presentment, demand, protest, notice of non-payment, notice of dishonor and notice of protest and (b) agrees, if an Event of Default shall have occurred, to pay all expenses, including reasonable attorney's fees, incurred by the City in the collection of the amounts due hereunder. C. Events of Default: The following are "Events of Default" hereunder: (a) the failure to payor perform any obligation, liability or indebtedness of the Foundation to the City hereunder as and when due (whether upon demand, at maturity or by acceleration); (b) the commencement of a proceeding against the Foundation for dissolution or liquidation that is not dismissed within ninety (90) days after the Foundation shall have been duly served with notice of such matter; (c) the voluntary or involuntary termination or dissolution of the Foundation; (d) a custodian, trustee, liquidator or receiver shall have been appointed by a court of competent jurisdiction for all or any of the property of the Foundation that is material to its operations; (e) an assignment for the benefit of creditors, or the filing of a petition for any adjustment of indebtedness, composition or extension, by the Foundation; (f) the entry of a final, non-appealable judgment against the Foundation in an amount in excess of $1 ,000,000 that is not satisfied within thirty (30) days thereafter; or (g) the seizure or forfeiture of, or the issuance of any final writ of possession or attachment, or any final turnover order, for property of the Foundation without which it is unable to operate. 2 II I" D. Remedies upon Default: Whenever an Event of Default shall have occurred under this Note and be continuing beyond any applicable cure period, (a) the City may, at its option, declare all sums payable hereunder immediately due and payable, in which case the entire unpaid balance of the Note and any accrued interest thereon shall become immediately due and payable and/or (b) the City may exercise any other remedy available to it under applicable law. E. Non-Waiver: The failure at any time of the City to exercise any of its options or any other rights hereunder shall not constitute a waiver thereof, nor shall it be a bar to the exercise of any of its rights at a later date. All rights and remedies of the City shall be cumulative and may be pursued singly, successively or together, at the option ofthe City. The acceptance by the City of any partial payment shall not constitute a waiver of any default or of any of the City's rights under this Note. No wavier of any of its rights hereunder, and no modification or amendment of this Note, shall be deemed to be made by the City unless the same shall be in writing, duly signed on behalf of the City. Each such waiver shall apply only with respect to the specific instance involved, and shall in no way impair the rights of the City or the obligations of the Foundation to the City in any other respect at any other time. F. Aoolicable Law. Venue and Jurisdiction: This Note and the rights and obligations of the Foundation and the City hereunder shall be governed by and interpreted in accordance with the laws of the Commonwealth of Virginia. Any litigation in connection with or to enforce this Note shall be conducted in the courts of the City of Virginia Beach, Virginia, and any objection as to venue in any such court is hereby waived. G. Partial Invalidity: The unenforceability or invalidation of any provision of this Note shall not affect the enforceability or validity of any other provision herein, and the invalidity or 3 II I" unenforceability of any provision of this Note to any person or circumstance shall not affect the enforceability or validity of such provision as it may apply to other persons or circumstances. H. Binding Effect: This Note shall be binding upon and inure to the benefit of the Foundation and the City and their respective successors and assigns; provided, however, that no obligations of the Foundation hereunder can be assigned without the prior written consent ofthe City. I. Prepayment: This note may be prepaid in part or in full at any time without penalty. WITNESS the following signatures and seal: VIRGINIA AQUARIUM & MARINE SCIENCE CENTER FOUNDATION, INC. By: President ATTEST: 4 I I AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND THE VIRGINIA AQUARIUM & MARINE SCIENCE CENTER FOUNDATION, INC. This AGREEMENT ("Agreement") made and entered into as of this lC <:'".h day of \\)\:,~~,'1\\)-t \0,2004, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "City") and the VIRGINIA AQUARIUM & MARINE SCIENCE FOUNDA TJON, INe., a private, non-stock Virginia corporation (collectively the "Foundation"). RECITALS WHEREAS, the City is the owner and operator of the buildings, grounds and related facilities located in the City of Virginia Beach, known as the Virginia Aquarium & Marine Science Center, formerly known as the Virginia Marine Science Museum (the "Museum"); WHEREAS, the Foundation is the owner of all of the animals acquired for the Museum and all pennanent exhibits located in the Museum, which have been constructed, funded or purchased by the Foundation; WHEREAS, on November 12,2002, the City and the Foundation entered into a Memorandum of Understanding and an Operating Agreement to memorialize their long- standing relationship and to support the programs and exhibits of the Museum; WHEREAS, the Foundation desires to make a substantial investment to change and update the original exhibits and has embarked on a $5.2 million capital campaign to finance the plan and design of the new exhibits, and will separately contract to procure construction services for the exhibits (collectively the "Project"); WHEREAS, the City will cooperate with the Foundation in this endeavor by (i) contracting to procure certain design services, and (ii) contracting to procure certain construction services for the facility improvements needed to house the new exhibits through three Capital Improvement Projects, which have been designated by the City as CIP 3-322 "VMSM Original Exhibit Gallery Renovations" and CIP 3-038 "Various Buildings Rehabilitation and Renewal" and lor CIP 3-100 "Various Buildings HV AC Rehabilitation and Renewal" (collectively the "Facility Improvements"); WHEREAS, Section I (E) of the Operating Agreement requires that all jointly funded projects be memorialized through the execution of a specific agreement; and WHEREAS, the City and Foundation desire to memorialize their mutual obligations pertaining to the design of the exhibits and the design of the building and infrastructure with the objective of producing two separate, but coordinated sets of I I construction documents, suitable for bidding and constructing the Project and the Facility Improvements under separate construction contracts. AGREEMENT The parties to this Agreement, in consideration of the mutual covenants and stipulations set forth below, agree as follows: 1. Foundation Responsibilities. a. The Foundation will contract with Chelmayeff, Sollogub, and Poole, Inc. ("CSP"), whose address is 51 Melcher Street, 9th Floor, Boston, MA 02210 for the design and engineering of the Project, and shall fund all of the design and engineering work associated with both the Project and the Facility Improvements including but not limited to, planning, preparation of all project documentation, permitting, design and engineering, preparation of construction documents, exhibit fabrication and installation specifications, construction contract bidding, and construction contract administration, save and except for the City's Financial Commitment of $467,000. The Foundation shall pay all fees charged and costs incurred by CSP in performing this work above the City's financial commitment of $467,000. b. Upon confirmation of sufficient funding for all Foundation design costs, the City will contract with CSP as "Architect" for the design and engineering of the Facility Improvements such that design documents will be prepared to be consistent with the City's Proposal/Bid Contract and General Conditions for construction projects. The City's cost for the services to be performed by the Architect shall in no event exceed $467,000, and said amount shall be paid to the Architect by the City in accordance with the terms of the contract between the City and the Architect. All fees and costs relating to the design and engineering of the Facility Improvements and/or the Project in excess of $467,000 shall be the exclusive responsibility of the Foundation, and both the City's contract with CSP and the Foundation's contract with CSP shall so specify. The City shall receive upon conclusion of the design phase all of the drawings and construction documents for the Facility Improvements necessary and appropriate for bidding and construction by the City, both in form and substance. c. Upon conclusion of the Project and Facility Improvements' design phase, and prior to the City's advertisement for construction bids for the Facility Improvements, the Foundation shall provide to the City evidence of funding sufficient to cover the difference between the City's construction cost commitment of Two Million Seven Hundred Thousand ($2,700,000) Dollars and CSP's estimate of total construction costs for both the Project and the Facility Improvements, plus a reasonable combined construction contingency. Such evidence shall be in the form of a commitment letter for a private loan, or such other evidence of sufficient financing as may be acceptable to the City Attorney. For purposes ofthis Agreement the term "reasonable combined construction contingency" means 10% of the final construction cost estimate as 2 I, determined by CSP after completion of 100% of the necessary construction drawings for both the Project and the Facility Improvements. d. Upon conclusion of the design phase of both the Project and Facility Improvements, and prior to the City's advertisement for construction bids for the Facility Improvements, the Foundation shall transfer to the City, and the City shall appropriate into its Capital Improvement Project CIP 3-322, all supplemental funding needed to fund fully the estimated cost of constructing the Facility Improvements to the extent that the estimated cost exceeds the City's construction contribution of $2,700,000. The Foundation acknowledges and agrees that the City shall have the right to elect not to proceed with the construction of the Facility Improvements if: (i) sufficient evidence of the funding the Foundation is obligated to provide, in a form acceptable to the City, is not provided by the Foundation; or (ii) the Foundation fails to transfer to the City all or any portion of the funds in excess of $2,700,000 which are necessary to fund fully the estimated construction cost of the Facility Improvements, inclusive of contingency. e. The Foundation will contract separately from and independent of the City for the construction, fabrication and installation work necessary to complete the Project, and shall take all reasonable steps to cause the Foundation's contractor(s) to prosecute and complete the work for the Project in a diligent manner. f. Any Project or Facility Improvement costs in excess of the City's $467,000 contribution for design costs and its $2,700,000 contribution for the Facility Improvements shall be the exclusive responsibility of the Foundation. All Facility Improvement costs in excess of $2,700,000 shall be on deposit with the City before the City awards the construction contract for the Facility Improvements. g. The Foundation and the City will coordinate the Architect's review, inspection and approval of all phases of the Project to the extent necessary to comply with all applicable City ordinances and inspection requirements. The City shall have the right to enter upon any portion of the site at any time for any reason during construction of both the Facility Improvements and the Project. 2. City Responsibilities. a. Upon satisfaction by the Foundation of all conditions precedent specified herein, the City shall solicit bids for and award a contract for the construction of the Facility Improvements construction, and shall provide reasonable cooperation with Architect's contract administration and other services relating to the Facility Improvements and the Project. The City will work with the Architect in the Architect's administration of the construction contract for the Facility Improvements, and shall take all reasonable steps to cause the City's contractor to prosecute and complete the work for the Facility Improvements in a diligent manner. Upon completion of the Facility Improvements, and if no claims between the City and the City's contractor are known or believed to exist, any residual Foundation funding remaining in the CIP account will be returned to the Foundation. If any claims are known or believed to exist, the City may, in 3 I I its discretion, withhold any residual Foundation funding until resolution of said claims. Any residual Foundation funding may be expended by the City in the resolution or satisfaction of said claims, upon reasonable notice to the Foundation. b. The City will provide such assistance as may be appropriate to the prompt and efficient completion of both the Project and the Facility Improvements. c. The City's total financial commitment for the design services shall not exceed Four Hundred Sixty-Seven Thousand ($467,000) Dollars. d. The City's total financial commitment for the construction of the Facility Improvements shall not exceed Two Million Seven Hundred Thousand ($2,700,000) Dollars. 3. Non-Appropriation. It is understood and agreed between the parties hereto that the City shall be bound and obligated hereunder only to the extent that the funds shall have been appropriated and budgeted for the purpose ofthis Agreement. In the event funds are not appropriated and budgeted in any fiscal year for payments or financial obligations due under this Agreement, the City shall immediately notify the Foundation of such occurrence and this Agreement shall terminate on the last day of the fiscal year for which (an) appropriation(s) (was) were received without penalty or expense to the City of any kind whatsoever; provided that the City shall promptly return to the Foundation any unexpended funds previously provided by the Foundation and being held by the City. 4. Default~ Breach; Remedies; Termination. In the event, either party, for any reason or through any cause, is in default of the terms of this Agreement, the non-defaulting party shall give the defaulting party written notice of such default by certified mail/return receipt requested at the address to be provided by the parties. Unless otherwise provided, the defaulting party shall have 14 days from the date such notice is mailed in which to cure the default. Upon failure of the defaulting party to cure the default, the defaulting party shall be in breach, and without prejudice to any of its other remedies, the non-defaulting party shall have the following remedies and may enforce each remedy cumulatively: a. In the case of a defaultlbreach by the Foundation: i. If prior to the City's having contracted with a contractor to perform the construction of the Facility Improvements and prior to the City's expenditure of any funds in furtherance of the Facility Improvements, the City may immediately cancel and terminate this Agreement as of the mailing date of the notice of default; 4 I" ii. If on or after the City's execution of a contract with a contractor to perform the construction ofthe Facility Improvements or on or after the date of the City's first expenditure of any funds in furtherance of the Facility Improvements, the City may immediately cancel and terminate this Agreement as ofthe mailing date of the notice of default; and/or, regardless of whether this Agreement is terminated, the City may recover from the Foundation any and all funds obligated to or claimed by its contractor and/or expended in furtherance of the Facility Improvements, and all other actual damages proximately caused by the Foundation's defaultlbreach. b. In the case of a defaultlbreach by the City: i. The Foundation may immediately cancel and terminate this Agreement as of the mailing date of the notice of default; and/or, regardless of whether this Agreement is terminated, the Foundation may recover all supplemental funds actually paid to the City and all other actual damages proximately caused by the City's defaultlbreach. 5. Non-Assignment. The Foundation shall not assign its rights and duties under this Agreement without the prior consent of the City. 6. Applicable Law: Compliance \Vith All Laws: Venue a. This Agreement shall be deemed to be a Virginia contract 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. b. The Foundation shall comply with all federal, state and local statutes, ordinances and regulations now in effect or thereafter adopted, in the performance of the work associated with the Project. c. Any and all suits for any claims or for any and every breach or dispute arising out of this Agreement shall be maintained in the appropriate court of competent jurisdiction in the City of Virginia Beach. 7. No Modification. There may be no modification of this Agreement, except in writing, executed by the authorized representatives of the City and the Foundation. 5 III As evidence oftheir agreement to the terms and conditions set forth herein, the parties affix their authorized signatures hereto: CITY OF VIRGINIA BEACH By: City ATTEST: ~~~ ity Clerk VIRGINA AQUARIUM & MARINE SCIENCE CENTER FOUNDATION, INC. ~ c"" By: J:JCK~ . -;- Title: 9~~ APPROVED AS TO CONTENTS: Depa ment of Museums and Cultural Arts APPROVED AS TO RISK MANAGEMENT: 7~ p-~~ Risk Management W'IFIED AS TO A ~LAI~LITY OF FUNDS: . ~elo O. ~lJ-0r Department of Finance a/Y;: City Attorney's Office 6 III - 52 - Item V-J.I3. ORDINANCES/RESOLUTIONS ITEM # 58206 The following registered in SUPPORT: Le igh Penner, representing Friends of Virginia Beach Animal Control, 1624 Deycove Drive, Phone: 376-2386, expressed appreciation and requested the position be approved and neededfunds be allocated. Ms. Penner requested the City Manager and City Council revisit the department under which the Shelter Director wouldfall. Animal Sheltering is not a Police issue. Ms. Penner also requested the comments re the job description be reviewed again and incorporated into the final job description. Jamie Harper, 1089 Blue Spring Lane. 1089 Blue Spring Lane, Phone: 237-7821, advised the Virginia Beach Animal Control is in desperate need of a new Shelter Manager, a compassionate individual who loves animals. Ms. Harper advised her family adopted a dog named "Luke" from the Shelter and soon after he became seriously ill. Because he had not received necessary vaccinations proper medical care in the shelter, Luke was unsaveable. Esther Williams, 7701 Halprin Drive, Norfolk, Virginia, Phone: 583-8777, represented Rainbow Animal Rescue, which works closely with Friends of Animal Control. Rainbow Animal Rescue would prefer the Virginia Beach Animal Shelter be a more adoptable friendly Shelter providing adequate medical care, vaccinations, spay and neuter. Bobbie Gribble, 820 Jennings Street, Phone; 420-7677, President of Animal Rescue of Tidewater, read the statement from Jody Jones - Director, Richmond Animal Care and Control, who is also on the Board of the Virginia Federation of the Human Society. Said information is hereby made a part of the record. The Animal Care and Control Division must be a cohesive unit operating to improve conditions for both the citizens and animals through education, enforcement and services with direct report lines to the administration and not under the umbrella of the Police Department to be truly effective. Said statement is here by made a part of the record. The City Manager advised spending many hours with Ms. Penner discussing this subject and making considerable progress. This Ordinance is a strong statement of priority considering what the City Council is facing with next year's Operating Budget. Councilman DeSteph advised a Vet Tech, with increased hours, is supposed to be at the Shelter. The City Manager shall advise. October 28, 2008 - 53 - Item V-J.13. ORDINANCES/RESOLUTIONS ITEM # 58206 (Continued) Upon motion by Council Lady Wilson, seconded by Councilman Wood, City Council ADOPTED: Ordinance to TRANSFER $69,869 to the Police Department re creation of an Animal Care Shelter Manager position Voting: 8-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer, Vice Mayor Louis R. Jones and Ron A. Villanueva October 28, 2008 I I 1 2 3 AN ORDINANCE TO TRANSFER FUNDS AND ESTABLISH AN ANIMAL CARE SHELTER MANAGER POSITION IN THE POLICE DEPARTMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 6 7 8 9 10 11 12 13 14 15 16 17 1. That $69,869 is hereby transferred from the General Fund Regular Reserve for Contingencies to the Police Department's FY 2008-09 Operating Budget to fund the Animal Care Shelter Manager position and associated operating expenses and equipment. 2. That a full-time Animal Care Shelter Manager position, with City employee benefits, is established in the Police Department's FY 2008-09 Operating Budget to manage the Animal Control facility. Adopted by the Council of the City of Virginia Beach, Virginia on the 28th 2008 day of Octobor Requires an affirmative vote by a majority of all the members of City Council. Approved as to Content: Approved as to Legal Sufficiency: L9~Q ~ Management Services City~fiE-~ CA 10892 R-2 October 15, 2008 II' Polic~rt Animal Care Shelter Manager BACKGROUND One of the next key steps necessary to continue our progress in achieving the City Council's direction to create an adoption-friendly environment and program for animal care is to establish an "Animal Care Shelter Manager" position. The creation of an "Animal Care Shelter Manager" position was recommended by the City Manager in the June 2008 Policy Report "Findings and Recommendations for Transforming the Virginia Beach Animal Control Facility into an Adoption-Friendly Animal Care and Control Facility. " CONSIDERATIONS The Animal Care Shelter Manager would also assume management and oversight of the current Animal Control facility to continue the progress toward an adoption-friendly facility. This would allow the current Commanding Officer of the Animal Control Bureau to concentrate efforts on the code enforcement aspects of the organization. The Animal Care Shelter Manager would be involved in the early stages of planning, designing, organizing, and stafImg the new Animal Care Shelter. This is considered essential as city staff continues forward in identifying property for the new facility, holding a public forum and planning the design/build phase of the facility. The position is classified in the Administrative Pay Plan, Range 15, with a salary range of $58,558 - $87,837. Projections are that the Shelter Manager would be hired approximately mid-way through the current 2008/09 budget; therefore the below funding projections are for six months: Total cost for six months should not exceed $69,869 which includes six months of salary and fringe benefits ($45,946); vehicle, computer equipment, office equipment, supplies, and internal service charges ($23,923). Funding for this new position was not anticipated in the FY 2008/09 Animal Control Bureau operating budget and can not be absorbed without severely impacting current Animal Control operations. Appropriate budget amendment requests will be submitted to continue funding the position into the FY 2009/10 budget year and beyond. Management Services will prepare a budget amendment ordinance for Council's consideration and adoption should Council desire to move forward now as opposed to waiting for the FY 2010 budget process. The creation of this new position wo'uld require the transfer of$69,869 from contingencies to the Police Department Animal Control Bureau operating budget. 1 II III Public Information: Public input has been solicited regarding "best practices" for continuing the transformation of the Animal Control Bureau into an adoption-friendly facility during a public forum held in April 2008. Comments from the SPCA and the Friends of Animal Control were solicited during the drafting of the job description for the position. Alternative Course of Action: If this new position is not funded, the duties and responsibilities associated with this position will continue to be performed by the Commanding Officer of the Animal Control Bureau. Review and Approval: Prepared by: ~(?(LQ ~ (fr~J ~ eVln J. Perry, Captain, Police Departm nt ~ Approved: Ii Class Number: 2769 Revised: SG~ October 2008 ANIMAL CARE SHELTER MANAGER SummarY Position Description Creates and maintains an adoption-friendly Animal Care and Control shelter by planning, organizing, directing and supervising a staff composed of both city employees and volunteers who are customer-service oriented and committed to animal welfare by providing a humane and safe environment tor all animals; communicates with a variety of audiences within the city, volunteers, and other national experts in the field of animal care; promotes animal care and adoption; and performs related work as required. Applicant must be committed to an adoption- friendly philosophy in which only those animals that are determined to be too ill or too aggressive are euthanized. Critical Elements of Performance Ensures the humane treatment for all animals that come under the auspices of the shelter; implements short and long term strategies which responsibly reduce animal intakes, increase animal adoptions, improve animal care, provide animal behavior and medical rehabilitation, encourage spaying and neutering, and develop protocols that encourage animals remain with their responsible caretakers; plan, organize, coordinate, review, evaluate and direct the implementation of programs providing animal care services to the general public and other animal welfare agencies; direct the administration of programs including adoptions, fundraising, veterinary services, and animal welfare education; assure that the shelter has a long-range strategy to maintain its mission of saving adoptable animals; develops goals and objectives and work in cooperation with representatives of other animal welfare organizations, volunteers, non-profit organizations, businesses and community groups to develo? and implement collaborative programs and services, and to raise alternative sources of funding to aid in overall shelter goals; provide assistance to the community and volunteer groups, animal welfare organizations, and the general public; oversee marketing and publicity for shelter activities, programs and goals; be responsible tor overseeing the recruitment, employment, direction, management and discharge of all personnel; maintain official records and documents, prepare financial reports and budgets; understand and implement programs in compliance with current federal, state and local laws. Reviews and develops laws and legislation at the local and state levels which will improve conditions for animals and their caretakers. Performance Standards Ensures compliance with all appropriate city, state and federal laws and regulations; develops and coordinates creative and engaging educational programming and volunteer activities to encourage public participation in responsible pet ownership; promotes collaborative relationships with community groups and others; effectively supervises subordinates and communicates changes in law and/or procedure; demonstrates quality customer service in all responses to inquires from the public or other agencies in a timely manner; effectively implements programs that encourage pet adoption. II Kno,"'led2e-Skills-Abilities Required to Perform Satisfactorily A. Knowledge I. Knowledge of city ordinances and federal and state laws pertaining to the care, control and handling of a variety of animals. ") Knowledge of basic animal husbandry and behavior principles. 3. Knowledge of herd health management, veterinary care and protocols. 4. Knowledge of city and departmental core values, mission and operating policies and procedures. 5. Knowledge of budget administration and asset allocation, including organizational policies and procedures. 6. Knowledge of human resources management policies and practices. 7. Knowledge of motivational techniques, leadership practices and the principles of human behavior. 8. Knowledge of medical conditions and behavioral characteristics to determine if euthanasia is necessary. 9. Knowledge of protocols established by the Humane Society of the United States, Virginia state codes and Virginia Department of Agriculture and Consumer Services administrative regulations. 10. II. B. Skills 1. 2. 3. 4. 5. Knowledge of media relations practices. Knowledge of animal disaster planning to include maintaining a disaster plan for the shelter and a community disaster preparedness plan to prepare the community for natural disasters. Skill in planning, organizing, directing and monitoring basic and complex shelter operations. Skill in reviewing and interpreting financial records and preparing financial reports. Skill in effective communication both orally and in writing. Skill in analyzing statistical data to identify operational needs. Skill in resolving cont1ict and building consensus among group members in appropriate circumstances. 2 I I C. Abilities I. Ability to deal effectively with people in a wide variety of situations and circumstances. 2. Ability to develop and administer creative and engaging programming to promote adoption and responsible pet ownership. 3. Ability to plan, implement and evaluate effectiveness of programs and projects. 4. Ability to prepare reports and other administrative functions. 5. Ability to train and supervise the work of staff. 6. Ability to foster team effectiveness and accomplishment of shared goals to establish and maintain volunteer and staff morale. 7. Ability to oversee and manage a large volunteer contingent including recruitment, training, scheduling, rewards, etc. 8. Ability to cultivate relationships with area animal advocacy groups such as SPCA, PET A, Animal Welfare Coalition of Hampton roads, veterinary clinics and animal rescue groups to learn and share best practices. 9. Ability work collaboratively with local veterinarians to ensure the proper care of animals and ensure that veterinary orders are carried out to include administering medication and transportation when required. 10. Ability to make recommendations for change and revision to processes that affect shelter operations. II. Ability to utilize computer software to access and interpret data, prepare documents, develop proposals and to anticipate and prepare for change inspired by technological advancements. 12. Ability to maintain an accurate animal registration and inventory system. 13. Ability to use the Internet to advocate and advertise shelter activities. 14. Ability to communicate effectively using verbal communication in varying situations, including general directions, instructions and information to the public. 15. Ability to communicate effectively using written communications, including memos, correspondence, reports and forms. 16. Anility to establish positive working relationships with local media outlets. 17. Ability to interpret and apply city and Police Department policies. 3 I I :\'linimum Qualifications Requires a Bachelors degree from an accrt.>dited college or university and six years of progressive professional experience in a rdated tield such as Business, Public Relations, Communications, Public Administration, Public Health, Veterinary or Animal Sciences, Law or a related field which provides the knowledge, skills and abilities listed above. Must possess a valid Virginia or North Carolina driver's license. 4 I" - 54 - V-K. PLANNING ITEM # 58207 1. Applications for Nonconforming Uses: a. DR. ALAN W. and ELIZABETH MAHANES b. MARTIN SCHARA 2. GEORGE POWELL 3. CITY OF VIRGINIA BEACH Alterations and Additions to a cottage and garage apartment Addition of a second story to the front dwelling and construction of a new two-story cottage CONDITIONAL USE PERMIT AMEND THE CZO and the City Code re Workforce Housing 92102 re definitions Chapter 16, Article VIII, re definitions and program procedures ESTABLISH a Revolving Special Revenue fund CONSIDER program documents and provide for execution of legal instruments October 28, 2008 III - 55 - Item V-K. PLANNING ITEM # 58208 Upon motion by Council Lady Wilson, seconded by Councilman Diezel, City Council APPROVED in ONE MOTION Items IaIb, 2 and 3a1b/c/d of the PLANNING BY CONSENT AGENDA. Voting: 8-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph. Harry E. Diezel, Barbara M Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer, Vice Mayor Louis R. Jones and Ron A. Villanueva October 28, 2008 - 56 - Item V-K l.a. PLANNING ITEM # 58209 Upon motion by Council Lady Wilson, seconded by Councilman Diezel, City Council APPROVED application of DR. ALAN W. and ELIZABETH MAHANES for the expansion of Nonconforming Uses: re alterations and additions to a cottage and garage apartment at 108 A and B 55th Street Application of DR. ALAN W. and ELIZABETH MAHANES authorizing the enlargement of a Nonconforming Use located at 108-A and 108-B 55Th Street for alterations and additions to a cottage and garage apartment DISTRICT 5-LYNNHA VEN The following conditions shall be required: 1. The additions to the single-family dwelling and garage apartment shall substantially adhere to the submitted site plan entitled "Proposed Modifications to the ALAN AND ELIZABETH MAHANES RESIDENCE Virginia Beach, Virginia ", dated December 3, 2007, and prepared by Lyall Design Architects. Said plan has been exhibited to the City of Virginia Beach City Council and is onfile in the Planning Department. 2. The additions to the single-family dwelling and garage apartment shall substantially adhere to the submitted elevation plans (main house and guest house) entitled "Proposed Modifications to the ALAN AND ELIZABETH MAHANES RESIDENCE Virginia Beach, Virginia ", dated December 3. 2007, and prepared by Lyall Design Architects. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 3. The applicant shall provide to the Planning Department / Current Planningfor review and approval a list of proposed building materials and colors before any building permits are issued for the additions and alterations. Suggested materials include architectural grade roofing materials, hardi-plank siding, vinyl wrapped windows, trim and deck railings. Proposed colors should be in keeping with surrounding structures. Voting: 8-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer, Vice Mayor Louis R. Jones and Ron A. Villanueva October 28, 2008 II I I 1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF 2 A NONCONFORMING USE ON PROPERTY LOCATED AT 3 108-AAND 108-B 56TH STREET, LYNNHAVEN DISTRICT 4 WHEREAS, Alan W. and Elizabeth Mahanes (hereinafter the "Applicants"), have 5 made application to the City Council for authorization to enlarge a nonconforming use 6 with additions and alterations to the single-family dwelling and garage apartment on a 7 certain lot or parcel of land having the address of 108-A and 108-B 56th Street, in the R- 8 5R Zoning District; 9 10 WHEREAS, the said use is nonconforming, as the parcel contains a garage 11 apartment, which is not presently allowed in the R-5R Zoning District but was 12 constructed when such use was allowed; and 13 14 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 15 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 16 City Council authorizing such action upon a finding that the proposed use, as enlarged, 17 will be equally appropriate or more appropriate to the zoning district than is the existing 18 use; 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That the City Council hereby finds that the proposed use, as enlarged, will be 24 equally appropriate to the district as is the existing use. 25 26 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 27 BEACH, VIRGINIA: 28 29 That the enlargement of the single-family dwelling and garage apartment, by 30 additions and alterations is hereby authorized, upon the following conditions: 31 32 1. The additions to the single-family dwelling and garage apartment shall 33 substantially adhere to the submitted site plan entitled "Proposed 34 Modifications to the ALAN AND ELIZABETH MAHANES RESIDENCE 35 Virginia Beach, Virginia", dated December 3, 2007, and prepared by Lyall 36 Design Architects. Said plan has been exhibited to the City of Virginia Beach 37 City Council and is on file in the Planning Department. 38 39 2. The additions to the single-family dwelling and garage apartment shall 40 substantially adhere to the submitted elevation plans (main house and guest 41 house) entitled "Proposed Modifications to the ALAN AND ELIZABETH 42 MAHANES RESIDENCE Virginia Beach, Virginia", dated December 3, 2007, 43 and prepared by Lyall Design Architects. Said plan has been exhibited to the 44 City of Virginia Beach City Council and is on file in the Planning Department. 45 46 3. The applicant shall provide to the Planning Department / Current Planning a 47 list of proposed building materials and colors before any building permits are I I 48 issued for the additions and alterations. Suggested materials include 49 architectural grade roofing materials, hardi-plank siding, vinyl wrapped 50 windows, trim, and deck railings. Proposed colors should be in keeping with 51 surrounding structures. 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the 28thdayof 54 October, 2008. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~[~ City Attorney's Office CA 1 0896/R-1 /October 15, 2008 II - 57 - Item V-K 1.b. PLANNING ITEM # 58210 Upon motion by Council Lady Wilson, seconded by Councilman Diezel, City Council APPROVED application of MARTIN SCHARA for the expansion of a Nonconforming use re an addition of a second story to the front dwelling and construction of a new two-story cottage in the rear of 211 7(jh Street; Application of MARTIN SCHARA authorizing the enlargement of a Nonconforming Use located at 211 70th Street re addition of a second story to the front dwelling and construction of a new two-story cottage. DISTRICT 5-LYNNHA VEN The following conditions shall be required: 1. The additions and alterations to the front single-family dwelling and reconstruction of the rear single-family dwelling shall substantially adhere to the submitted site plan entitled" "Site Plan Lot 12 Block 8 Section E Cape Henry Syndicate ", dated 18 August 2008, and prepared by Bonifant Land Surveys. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 2. The additions and alterations to the single-family dwelling and reconstruction of the rear single- family dwelling shall substantially adhere to the submitted elevations entitled "New Residence on 70th Street (Front Unit) for Marty Schara and New Residence on 70th Street (Rear Unit) for Marty Schara ", dated 8/4/08, and prepared by D. W. Chase Architect. Said plan has been exhibited to the City of Virginia Beach City Council and is onfile in the Planning Department. 3. The applicant shall provide to the Planning Department/Current Planningfor review and approval a list of proposed building materials and colors before any building permits are issued for the additions and alterations. Suggested materials include architectural grade roofing materials, hardi-plank siding, vinyl wrapped windows, trim and deck railings. Proposed colors should be in keeping with surrounding structures. 4. The applicant shall provide a tree protection plan for review and approval by the Planning Department / Current Planning before any land disturbance occurs on the site. Voting: 8-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer, Vice Mayor Louis R. Jones and Ron A. Villanueva October 28, 2008 1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF 2 A NONCONFORMING USE ON PROPERTY LOCATED AT 3 211 70TH STREET, L YNNHAVEN DISTRICT 4 WHEREAS, E. Martin Schara (hereinafter the "Applicant"), has made application 5 to the City Council for authorization to enlarge a nonconforming use with additions and 6 renovations to one single-family dwelling and to demolish and replace with a larger 7 single-family dwelling the second single-family dwelling on a certain lot or parcel of land 8 having the address of 211 70th Street, in the R-5R Zoning District; 9 10 WHEREAS, the said use is nonconforming, as the parcel contains two single- 11 family dwelling units, which is not presently allowed in the R-5R Zoning District but were 12 constructed prior to the adoption of the zoning ordinance; and 13 14 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 15 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 16 City Council authorizing such action upon a finding that the proposed use, as enlarged, 17 will be equally appropriate or more appropriate to the zoning district than is the existing 18 use; 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That the City Council hereby finds that the proposed use, as enlarged, will be 24 equally appropriate to the district as is the existing use. 25 26 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 27 BEACH, VIRGINIA: 28 29 That the enlargement of the single-family dwellings, one by additions and 30 renovations and the other by demolition and replacement with a larger dwelling is 31 hereby authorized, upon the following conditions: 32 33 1. The additions and alterations to the front single-family dwelling and 34 reconstruction of the rear single-family dwelling shall substantially adhere to the 35 submitted site plan entitled ""Site Plan Lot 12 Block 8 Section E Cape Henry 36 Syndicate", dated 18 August 2008, and prepared by Bonifant Land Surveys. Said 37 plan has been exhibited to the City of Virginia Beach City Council and is on file in 38 the Planning Department. 39 40 2. The additions and alterations to the single-family dwelling and reconstruction of 41 the rear single-family dwelling shall substantially adhere to the submitted 42 elevations entitled "New Residence on 70th Street (Front Unit) for Marty Schara 43 and New Residence on 70th Street (Rear Unit) for Marty Schara", dated 8/4/08, 44 and prepared by D. W. Chase Architect. Said plan has been exhibited to the City 45 of Virginia Beach City Council and is on file in the Planning Department. 46 I I 47 3. The applicant shall provide to the Planning Department / Current Planning a list 48 of proposed building materials and colors before any building permits are issued 49 for the additions and alterations. Suggested materials include architectural grade 50 roofing materials, hardi-plank siding, vinyl wrapped windows, trim, and deck 51 railings. Proposed colors should be in keeping with surrounding structures. 52 53 4. The applicant shall provide a tree protection plan for review and approval by the 54 Planning Department / Current Planning before any land disturbance occurs on 55 the site. 56 57 Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th day of 58 October, 2008. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: _PK u ) A~ City Attorney's Office CA 1 0894/R-2/0ctober 16, 2008 II, 'I I - 58 - Item V-K 2. PLANNING ITEM # 58211 Upon motion by Council Lady Wilson, seconded by Councilman Diezel, City Council ADOPTED Ordinance upon application of GEORGE POWELL for a Conditional Use Permit re bulk storage and a building contractor's yard. ORDINANCE UPON APPLICATION OF GEORGE POWELL FOR A CONDITIONAL USE PERMIT (BULK STORAGE AND BUILDING CONTRACTOR'S YARD), 5512 SOUTHERN BOULEVARD R010835300 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of GEORGE POWELL for a Conditional Use Permit (bulk storage and building contractor's yard), 5512 Southern Boulevard (GPIN 1467248190). AICUZ is Less than 65. DISTRICT 2 - KEMPSVILLE The following REVISED conditions shall be required: 1. Ingress/egress to the site shall be only via Southern Boulevard. Surface treatment and design standards for the access shall be determined during final Site Plan review through the Development Services Center. The existing driveway leading to South Lowther Drive shall be abandoned. 2. The required Category VI landscape buffer shall be installed along the western, northern and southern property lines. The required landscaping shall be installed where the Planning Department Staff determines that the existing vegetation along the western and southern property lines is not adequate to accomplish the intent of Category VI buffering. In order to determine this, a landscape plan depicting the location, species and diameter (if applicable) of existing vegetation shall be submitted duringfinal site plan review for review for Staff's consideration. 3. The existing residential structure shall be brought into compliance with the current edition of the Virginia Uniform Statewide Building Code for non-residential buildings. A Certificate of Occupancy shall be obtained prior to use of the structure. 4. In lieu of the required solid. six (6) foot highfence, a chain linkfence may be installed along the eastern property line. All other property lines must follow the requirements of the Category VI landscaping and buffering unless specifically permitted as described above in condition #2. 5. This Conditional Use Permit is validfor afive (5) year periodfrom the date of approval by City Council, as it is the intent of the applicant to cease this use at the time construction begins on the f)ro/Josed Light Rail Transit line within the ad;acent Norfolk Southern right-of-way. This does not preclude the extension of this Conditional Use Permit if the referenced lif!ht rail construction has not bef!un, provided such extension is reviewed and approved by the Planning Director. No extension or combinations of extensions of this Use Permit shall exceed an additional five (5) vears. 6. As this use is viewed as temporary in nature, the surface of the site may be gravel in lieu of pavement only upon determination by the Planning Director that such a waiver is not detrimental to the surrounding properties; however, any handicap spaces required under the City Zoning Ordinance shall be paved and property marked. October 28, 2008 I I - 59 - Item V-K 2. PLANNING ITEM # 58211 (Continued) 7. Prior to final site plan submission, the applicant shall request a pre-submittal meeting, to be facilitated by the Development Services Center (DSC) , to determine the specific requirements anticipated as necessary for submission. 8. No vehicles related to the business beinfl conducted under this Use Permit shall obtain inwess and eflress from the sub;ect site bv drivinfl between Southern Boulevard and Greenwich Road through the parking lots of the office comolexes located to the west and north. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-eighth of October Two Thousand Eight Voting: 8-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer, Vice Mayor Louis R. Jones and Ron A. Villanueva October 28, 2008 II I I - 60- Item V-K 2. PLANNING ITEM # 58212 Upon motion by Council Lady Wilson, seconded by Councilman Diezel, City Council ADOPTED applications of the CITY OF VIRGINIA BEACH to AMEND the City Zoning Ordinance (CZO) and the City Code re Workforce Housing: a. 92102 re definitions of "Affordable ", "Area Median Income ", " Workforce Housing ", "Workforce Housing Unit"; deleting "Qualified Buyer", "Qualified Renter" and "ADDING "Eligible Buyer" and "Eligible Renter" b. Chapter 16, Article VIII, re definitions and program procedures c. ESTABLISH a Revolving Special Revenuefund d. CONSIDER program documents and provide for execution of legal instruments Voting: 8-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf. John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M Dyer, Vice Mayor Louis R. Jones and Ron A. Villanueva October 28, 2008 I I 1 AN ORDINANCE TO AMEND SECTION 2102 OF THE CITY 2 ZONING ORDINANCE, REVISING THE DEFINITIONS OF 3 "AFFORDABLE," "AFFORDABILlTY LEVEL STATEMENT," 4 "AREA MEDIAN INCOME," "WORKFORCE HOUSING" 5 AND "WORKFORCE HOUSING UNIT" AND CHANGING 6 THE TERMS "QUALIFIED BUYER" AND "QUALIFIED 7 RENTER" TO "ELIGIBLE BUYER" AND "ELIGIBLE 8 RENTER" 9 1 0 Section Amended: City Zoning Ordinance Section 2102 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: 16 17 That Section 2102 of the City Zoning Ordinance IS hereby amended and 18 reordained to read as follows: 19 20 Sec. 2102. Definitions. 21 22 As used in this article, the following terms shall be defined as follows: 23 24 (a) Affordable. Housing is considered affordable by a purchaser if no more 25 than approximately thirty (30) percent of the gross household income of the purchaser 26 or renter is spent on direct housing costs.:. , 'Nhich For buyers, such costs include 27 mortgage principal, interest, taxes~ ami homeowner's insurance, but not mandatory 28 homeowners' association dues, and condominium fees, but do not include utilities or 29 other related housing costs. For renters, such costs include rent payments and an 30 allowance for tenant-paid utilities other than cable television and telephone service, but 31 do not include other related housinq costs. 32 33 (b) Affordability level statement. A statement of the number of workforce 34 housing units that are affordable to qualified eliqible buyers at eighty (80) percent, 35 ninety (90) percent, one hundred (100) percent, one hundred ten (110) percent and one 36 hundred twenty (120) percent of :lrea median income Area Median Income, 37 respectively~ or to qualified eliqible renters at sixty (60) percent, seventy (70) percent, 38 eighty (80) percent, ami ninety (90) percent and, where the buildinq contains an 39 elevator, one hundred (100) percent of area median income Area Median Income. 40 41 {b1 ffl Area median in como Median Income (AMI). The household income that 42 one half of the household incomes in a specific area arc below and one half are above. 43 References in this article to area median income shall be to the area median income for 44 the Virginia Be3ch Norfolk Newport News, Virgini3 Metropolitan St3tistic31 Area (MSA), 45 'Nhich is published 3nnually by the U.S. Department of Housing and Urban 46 Developmont (HUD) and is adjusted for household size. 47 48 Area Median Income (AMI). The Area Median Income for the Virqinia Beach- 49 Norfolk-Newport News, Virqinia Metropolitan Statistical Area (MSA) published annually 50 by the U.S. Department of Housinq and Urban Development (HUD) and adiusted for 51 household size. 52 53 t6j @ Bonus density. An increase in the maximum allowable dwelling unit 54 density on a property attributable to the provision of workforce housing on that property. 55 56 tG11!ll QuaJ.ifiod Eliqible buyer. A person whose workforce housing application 57 has been approved and who meets the home ownership requirements of the workforce 58 housing program. These requirements center on gross annual income, financial assets, 59 and location where one works and lives. To purchase a workforce housing unit, annual 60 gross income must generally be between eighty (80) percent and one hundred twenty 61 (120) percent of area median income Area Median Income. 62 63 te1 ill Qua!ffied Eliqible renter. A person whose workforce housing application 64 has been approved and who meets the rental requirements of the workforce housing 65 program. These requirements center on gross annual income, financial assets, and 66 location where one works and lives. To rent a workforce housing unit, annual gross 67 income must generally be between sixty (60) percent and ninety (90) percent of area 68 medi3n income Area Median Income or, where the buildinq contains an elevator, 69 between sixty (60) percent and one hundred (100) percent of Area Median Income. 70 71 ~ 19l Strategic growth area (SGA). Areas of the city that are designated in the 72 Comprehensive Plan to absorb most of city's future growth, both residential and non- 73 residential. These areas, which are planned for more intensive uses than most other 74 areas of the city, are characterized by the integration, not separation, of diverse but 75 compatible uses including, where appropriate, residential uses. 76 77 ~ ill Workforce housing (WFH). Housing that is generally affordable to 78 households with working members who live or 'Nill be living work in the City of Virginia 79 Beach. For home ownership, it is housing that is priced to be affordable to households 80 with annual incomes between eighty (80) percent and one hundred twenty (120) percent 81 of AMI. For rentals, it is housing that is priced to be affordable to households with 82 annual incomes between sixty (60) percent and eighty (80) ninety (90) percent of AMI 83 or, where the buildinq contains an elevator. between sixty (60) percent and one hundred 84 (100) percent of AMI. 85 86 tAt ill Workforce housing discount. The difference in sales price between a 87 market rate unit and an equivalent workforce housing unit. This amount is calculated to 2 I I 88 be the reduction in sales price necessary to make a workforce housing unit affordable to 89 a household at a targeted income level. 90 91 fi1.ill Workforce housing unit (WFH unit). A dwelling unit that is reserved for 92 sale or rent by an qualified eliqible buyer or qualified eliqible renter, as the case may be, 93 at a price incorporating the workforce housing discount. Workforce housing units are 94 constructed as a result of the bonus density provisions that allow the construction of a 95 greater number of dwelling units on a specific parcel of land than is otherwise allowed in 96 exchange for the provision of workforce housing on the parcel. 97 98 99 Adopted by the Council of the City of Virginia Beach, Virginia, on the 28th day of 100 October, 2008. 3 I I 1 AN ORDINANCE TO AMEND CHAPTER 16, ARTICLE VIII 2 OF THE CITY CODE BY REVISING CERTAIN 3 DEFINITIONS AND PROGRAM PROCEDURES 4 PERTAINING TO WORKFORCE HOUSING 5 6 Sections Amended: City Code Sections 16-44, -45, -46, -48, 7 -49, -50, -55 and -56 8 9 Sections Added: City Code Sections 16-46.1 and -49.1 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Chapter 16, Article VIII (Workforce Housing) of the City Code is hereby 15 amended and reordained by amending City Code Sections 16-44, 16-45, 16-46, 16-48, 16 16-49, 16-50, 16-55 and 16-56 and adding City Code Sections 16-46.1 and 16-49.1, to 17 read as follows: 18 19 ARTICLE VIII. WORKFORCE HOUSING 20 21 DIVISION 1. GENERAL PROVISIONS 22 23 Sec. 16-42. Applicability. 24 25 The provisions of this article shall apply only to the sale or rental of workforce 26 housing approved by the city council pursuant to the provisions of article 21 of the city 27 zoning ordinance. 28 29 Sec. 16-43. Purpose and intent. 30 31 (a) The purpose of this article is to provide eligibility requirements, prrclng 32 standards and program procedures concerning initial sales, subsequent transfers and 33 rentals of workforce housing units developed pursuant to the provisions of article 21 of 34 the city zoning ordinance as part of the city's workforce housing program. It is the 35 intention of the city council to establish such standards and procedures as a means of 36 achieving the city's vision for housing and neighborhoods, as stated in the "housing and 37 neighborhoods" section of the comprehensive plan. 38 39 (b) The creation of developments containing workforce housing as an 40 integrated component thereof will advance the city's goal of providing diverse, high- 41 quality and affordable housing in desirable neighborhoods. Allowing a greater mix of 42 incomes within neighborhoods increases the affordability of housing and reduces the 43 isolation of income groups. Further, mixed-income developments are beneficial in the 44 long run because they broaden housing opportunities, increase residents' access to 45 nearby employment and provide a better land use arrangement to accommodate 46 alternative, cost-effective transportation systems. II I I 47 Sec. 16-44. Definitions; explanatory material. 48 49 As used in this article, the following terms shall have the meanings set forth in 50 this section. Where explanatory material is provided, such terms shall be construed in a 51 manner consistent with such material: 52 53 Affordable. Housing is generally considered affordable by a household if no 54 more than approximately thirty {301 percent of ~ the annual gross income of the 55 purchaser or renter is spent on direct housing costs. V'Iith respect to home ownership, 56 For purchasers. such costs include mortgage principal, interest, taxes and homeowner's 57 insurance, but not mandatory homeowners' association dues, and condominium fees, 58 but do not include utilities or other related housing costs. With respect to rentals, such 59 costs include amy rent payments and do not include an allowance for tenant-paid 60 utilities other than cable television and telephone service but do not include other 61 related housing costs. 62 63 Annual gross income. Income from whatever source derived and before taxes 64 and with holdings. Included in the calculation of gross income are base salary, overtime, 65 part-time employment, bonuses, commissions. dividends, interest, royalties, pensions, 66 military housing allowance, Veterans Administration compensation, alimony, child 67 support, public assistance, sick pay, social security benefits, unemployment 68 compensation, income from trusts, and other income from business activities or 69 investments. 70 71 Appreciation. The workforce housing program uses a shared appreciation model 72 to recapture the workforce housing discount, plus a fixed percentage of a unit's 73 appreciation in value. 74 75 Area median income (AMI). The Area Median Income for the Virginia Beach- 76 Norfolk-Newport News, Virginia Metropolitan Statistical Area (MSA) published annually 77 by the U.S. Department of Housing and Urban Development (HUD) and adjusted for 78 household size. Pricing of workforce housing units and end-user qualifications are 79 partially based on this published data. The initial sales price of workforce housing units 80 is based on the ratio of housing payments relative to the AMI. Additionally, the end 81 user's income qualifications are based on the AMI, adjusted for household size. 82 83 City. The City of Virginia Beach or such other entity as the city council may 84 designate as its agent in discharging the duties and performing the acts prescribed or 85 contemplated by this article. 86 87 Developer. The developer of workforce housing or other person or entity, such 88 as 3 homebuilder, who purch3ses sells a workforce housing unit for purposes of res31e 89 to an eligible buyer pursuant to the provisions of this article. The term includes other 90 persons or entities. such as homebuilders. who purchase workforce housino units for 2 II I I 91 the purpose of sellinq such units pursuant to the provisions of this article. but does not 92 include any person who resells a workforce housinq unit pursuant to section 16-49. 93 94 Director. The director of the department of housing and neighborhood 95 preservation or his designee. 96 97 Discounted sales price. The consideration paid to the developer for a workforce 98 housinq unit; provided. however. that in the case of a resale. the discounted sales price 99 is the difference between the initial sales price and the amount of funds provided bV the 100 city. as evidenced bv a promissory note. to help buy down the eliqible buyer's first 101 mortqaqe. 102 103 Eligible buyer. A household whose workforce housing application has been 104 approved and who meets a>> the requirements of the '1wrkforco housing program for 105 home O'.vnership section 16-46. Such requirements include, among other things, the 106 household's gross annual incomeJ. aM financial assets, and location in which an adult, 107 non-dependent household member lives and works. In order to qualify to purchase a 108 workforce housing unit, a household's annual gross income must generally be between 109 eighty (80) percent and one hundred twenty (120) percent of AMI. 110 111 Eligible renter. A household whose workforce housing application has been 112 approved and who meets a>> the requirements of the 'Norkforce housing program fOF 113 rental housing section 16-51. Such requirements include, among other things, the 114 household's gross annual incomeJ. aM financial assets. and location in which an adult, 115 non-dependent household member lives and works. In order to qualify to rent a 116 workforce housing unit, a household's annual gross income must generally be between 117 sixty (60) percent and ninety (90) percent of area median income AMI or. where the 118 buildinq contains an elevator. between sixty (60) percent and one hundred percent of 119 AMI. 120 121 End user. An eliqible buyer or eliqible renter that is. or will be. occuPvinq a 122 workforce housinq unit as its principal residence. 123 124 EQuitv sharinq aqreement. An aqreement between the city and eliqible buyer in 125 which the eliqible buyer aqrees to share the net appreciation with the city upon the 126 resale of the workforce housinq unit 127 128 Gross appreciation. The difference between the initial undiscounted sales resale 129 price of a workforce housing unit received bv an eliqible buyer upon resale of the unit to 130 a third party and the undiscounted initial sales price of the unit upon resale that the 131 eliqible buyer paid for the unit. 132 133 Household. One or more persons living in, or intending to live In, the same 134 d'Nelling workforce housinq unit. 135 3 II I I 136 Initial sale. The original sale of a workforce housing unit to an eligible buyer. +He 137 term does not include sales to persons such as homebuilders 'Nhere such s31es 3re for 138 the purpose of resale to eligible buyers. 139 140 Initial sales price. The consideration paid for the workforce housinq unit by the 141 eliqible buyer. 142 143 Net appreciation. The difforence between the original undiscounted sales price 144 of a workforce housing unit and its undiscounted resale price, less the total amount of: 145 (i) the original princip31 3mount of the first mortgage 103n on the unit, (ii) the principal 146 amount of the soft second deed of trust note on tho unit, (iii) closing costs 3ctually paid 147 by the eligible buyer in connection with the purchase of the unit, (ill) the eligible buyer's 148 dovm payment, 3nd (v) the appr3ised v31ue of any capit31 improvements approved by 149 tho director of housing and neighborhood preserv3tion. 150 151 The amount of the resale price of a workforce housinq unit, less the total amount of: (i) 152 the oriqinal principal amount of the first mortqaqe loan on the unit, (ii) the principal 153 amount of the workforce housinq deed of trust note on the unit, (iii) c10sinq costs 154 actually paid by the eliqible buyer in connection with the purchase of the unit, (iv) the 155 eliqible buyer's down payment, (v) the appraised value of any capital improvements 156 approved by the Director of Housinq and Neiqhborhood Preservation. and (vi) the 157 reasonable and customary sales commission paid by the eliqible buyer. 158 159 Resale price. The sales price of the workforce housinq unit that the eliqible 160 buyer receives upon the sale of the workforce housinq unit to a third party. 161 162 Shared net appreciation. The amount of the net appreciation owed to the city by 163 the purchaser of a workforce housing unit, which shall be equal to the proportional 164 share represented by the city's investment in the original purchase of the unit in the form 165 of the soft second deed of trust note as evidenced by the equity sharinq aqreement. For 166 example, if the amount of the soft second workforce housinq deed of trust note equals 167 twenty-five (25) percent of the original undiscounted purchase initial sales price of the 168 unit, the amount of shared net appreciation owed to the city will be twenty-five (25) 169 percent of the net appreciation of the unit. The amount of the shared net appreciation 170 and principal amount of the soft second workforce housinq deed of trust note is repaid 171 to the city upon resale of the unit. 172 173 Soft second dead of trust. .^. second deed of trust securing the repayment of the 174 103n m3de by the city to 3n eligible buyer in the amount of the 'Norkforce housing 175 discount, plus the shared net appreciation of the unit. The loan secured by 3 soft 176 second deed of trust carries a zero percent interest rate, requires no monthly payments, 177 is subordin3te only to the purchase money first deed of trust, 3nd is due 3nd payable 178 from the proceeds of the resale or transfer of the workforce housing unit. 179 4 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 I I Workforce housing or workforce housing unit. Dwellings or dwelling units, whether single-family dwellings, duplexes, semi-detached dwellings, townhouses or multiple-family dwelling units, approved by the city council pursuant to article 21 of the city zoning ordinance. Such housing is generally affordable to households with working members who live or work in the City of Virginia Beach. With respect to home ownership of workforce housing, it includes housing that is priced to be affordable to households with gross annual incomes between eighty (80) percent and one hundred twenty (120) percent of area median income, adjusted for household size. With respect to rentals of workforce housing, it includes housing that is priced to be affordable to households with annual incomes between sixty (60) percent and ninety (90) percent of area median income. Workforce housing application. An application submitted to the city that provides the necessary information to determine if a household qualifies for the workforce housing program. Participation in the program is contingent upon approval of this application. Workforce housinq deed of trust. A deed of trust securinq the repayment of the loan made by the city to an eliqible buyer, representinq the workforce housinq discount, plus the shared net appreciation of the unit. The loan secured by a workforce housinq deed of trust carries a zero percent interest rate. requires no monthly payments, is subordinate only to the purchase money first deed of trust, and is due and payable from the proceeds of the resale or transfer of the workforce housinq unit. Workforce housing discount. The difference in sales price between the fair market value of a workforce housing unit and the reduced sales price necessary to make such unit affordable to a household at a targeted income level. Workforce housing program revolving fund. A fund administered by the department of housing and neighborhood preservation for the recapture of workforce housing discounts, fees and shared net appreciation from the sale of workforce housing units. Funds are reinvested in the workforce housing program for the purpose of preserving or creating affordable housing. DIVISION 2. SALE AND OWNERSHIP OF WORKFORCE HOUSING Sec. 16-45. Initial sales of workforce housing units. (a) The city shall have the right to purchase workforce housing units offered for initial sale as follows: (1) The city shall have an exclusive right to purchase any workforce housing unit, not to exceed a total of one-third of the workforce housing units for sale within a development, by so notifying the developer of the unit within thirty (30) days from the date on which 5 II 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 I I the city is notified that the workforce housing unit is available for initial sale. If the city does not timely exercise its right to purchase the unit, it may be sold to an eligible buyer. (2) Any workforce housing unit the city has not elected to purchase shall be offered for sale exclusively to eligible buyers for a period of sixty (60) days from the date on which the city's right to purchase the unit expires. Upon the expiration of such time, any such unit not sold to the city or to an eligible buyer may be offered for sale without restriction, provided, that when such a unit is sold, the developer shall pay to the city the difference between actual sales price and the price as reduced by the workforce housing discount. (b) The procedure for initial sales of workforce housing units to be purchased by an eligible buyer shall be as follows: (1) A developer desiring to enter into a contract who has reached an aqreement with an eligible buyer to sell a specific workforce housing unit to such eliqible buyer as an faf initial sale shall se notify the city that the developer and eliqible buyer have reached an aqreement reqardinq the purchase of the unit,. The city shall. either before or after it receives such notification. 't.'hich shall verify the eligible buyer's continued eligibility under section 16-46. (2) In the event the eligible buyer continues to meet such requirements, the developer and city shall enter into an real estate sales contract aqreement pursuant to which the developer agrees to sell the unit to the city at a price incorporating the 'Norkforce housing discount. The city shall assign to the eligible buyer its rights under the contract and shall receive a promissory note, secured by a soft second deed of trust from the eligible buyer, in the amount of the workforce housing discount eliqible buyer at a price incorporatinq the workforce housinq discount (the "discounted sales price"). The developer shall not be entitled to receive any portion of the monies representinq the workforce housinq discount. (3) The city and eliqible buyer shall also enter into an aqreement pursuant to which the city will finance, by means of a workforce housinq deed of trust. the difference in value between the fair market value of the workforce housinq unit and the discounted sales price. Such aqreement shall further provide, amonq other thinqs. that that the city shall have the riqht to repurchase the unit upon resale, or to assiqn such riqht to an eliqible buyer, in accordance with the provisions of section 16-49. 6 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 I I (4) The workforce housinq deed of trust shall: (i) the secure repayment to the city of the workforce housinq discount. plus the shared net appreciation: (ii) be subordinate only to the lender's first deed of trust; and (iii) provide that the eliqible buyer shall make no payments of principal on the indebtedness secured by the workforce housinq deed of trust until the eliqible buyer sells or otherwise divests his or her interest in the workforce housinq unit. The assignment shall further provide that: (i) such loan, plus the shared appreciation of the unit, shall be repaid to the city upon resalo of the unit and that such obligation shall be secured by a soft second deed of trust; and (ii) that the city shall have the right to repurchase the unit upon resale, or to assign such right to an eligible buyer, in accordance with the provisions of section 16 49. Sec. 16-46. Eligibility requirements for buyers of workforce housing units. (a) In order to be deemed an eligible buyer of a workforce housing unit, a household shall meet the following criteria: (1) At least one adult, non-dependent member of the household to be shown on the deed of trust note as a borrower or other obligor shall, at the time of application to the workforce housing program, live or work full-time in the City of Virginia Beach, or must have a bona fide offer of full-time employment within the City of Virginia Beach commencing within three (3) months of the time of application; (2) No member of the household shall own or have a controlling interest in any other real property; (3) The household's combined annual gross income shall, at the time of application, be between eighty (80) percent and one hundred twenty (120) percent of area median income, adjusted for household size; and (4) The net worth of the household shall not exceed fifty (50) percent of the sales price of the workforce housing unit being financed. The following items shall not be included in determining the net worth of a household: a. The present value of insurance policies, retirement plans, furniture, automobiles or household goods; 7 II 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 I I b. The portion of the household's liquid assets used for the down payment and to pay closing costs, up to a maximum of twenty-five (25) percent of the purchase price; and c. Any income-producing assets needed as a source of income to meet the minimum qualifying requirements for eligible buyer status. (b) A household shall, in addition to the foregoing requirement, qualify for a mortgage loan from a mortgage lender acceptable to the city. The city may deny eligible buyer status to any household if it determines that such mortgage loan contains deceptive, predatory or abusive terms. (c) Once determined to be an eligible buyer, a household must continue to meet the requirements of subsection (a) through the time of settlement. A household shall be required to certify its continued qualification as an eligible buyer at settlement and at any prior time requested by the city. (d) Workforce housing units shall be made available by the city for purchase only by eligible buyers who have qualified for a mortgage loan in accordance with subsection (b). Sec. 16-46.1. Occupancy reQuirements. (a) Workforce housinq units shall be owned and occupied as the principal residence of the eliqible buyer at all times. No interest in any workforce housinq unit shall be leased, sold or otherwise transferred by the eliqible buyer owninq such unit, nor shall the owner of any workforce housinq unit permanently vacate such unit, except in accordance with the provisions of this article. (b) The owner of a workforce housinq unit. other than the city or developer, shall annually certify his or her compliance with the provisions of subsection (a) on a form provided bv the department of housinq and neiqhborhood preservation. Sec. 16-47. Workforce housing pricing. (a) Workforce housing shall be priced so as to be affordable for purchase by a household with a gross annual income between eighty (80) percent and one hundred twenty (120) percent of area median income, adjusted for household size. Semi- annually, the workforce housing advisory board shall recommend, and the city council shall establish, maximum sales prices for workforce housing units based upon current area median income, prevailing mortgage interest rates in the area, real estate tax rates, homeowner's insurance rates, housing ratios, and the size of targeted households. In determining whether to grant approval pursuant to article 21 of the city zoning ordinance to a proposed development that includes workforce housing, the city 8 I I 358 council shall determine whether the proposed pricing of the workforce housing within 359 such development meets the requirements of this section. 360 361 (b) The department of housing and neighborhood preservation shall make 362 available to prospective developers of workforce housing a spreadsheet planning tool to 363 assist in determining if a specific development meets the requirements of this section. 364 365 Sec. 16-48. Workforce housing discount. 366 367 (a) All initial sales of workforce housing units shall be at a price that 368 incorporates a workforce housing discount, as defined in section 16-44. The workforce 369 housing discount shall be sufficient to bring the sales price of a workforce housing unit~ 370 s31es price within a price range that is affordable to households with annual gross 371 incomes between eighty (80) percent and one hundred twenty (120) percent of area 372 median income, adjusted for household size The actual amount of the workforce 373 housing discount applicable to a specific workforce housing unit shall be subject to the 374 approval of the city council. 375 376 (b) The baseline amount of the workforce housing discount shall be twenty- 377 five (25) percent of the undiscounted sales price; provided, however, that if the 378 undiscounted sales price of a workforce housing unit is affordable by a household with a 379 gross annual income between eighty (80) percent and one hundred twenty (120) 380 percent of area median income, adjusted for household size, the required workforce 381 housing discount may be less than twenty-five (25) percent. The chart below illustrates 382 the required discount applied to a WFH Unit given the affordability of an equivalent 383 market rate unit: 384 385 TABLE INSET: 386 Affordability Range of Market Units (as a Required Workforce Housing Percent of AMI) Discount From To 0% 80% 1% 81% 90% 5% 91% 100% 10% 101% 110% 20% 111% 120% 25% 387 388 389 9 I I 390 Sec. 16-49. Resale of workforce housing units. 391 392 (a) Prior to offering a workforce housing unit for resale, the owner shall notify 393 the city of the owner's intent to sell the unit. The city shall notify the unit owner of its 394 intention to purchase the unit within thirty (30) days from the date on which the owner's 395 notice of intent to sell was received by the city. In the event the city determines to 396 purchase the unit upon resale, it shall have the right to assign the contract to an eligible 397 buyer. 398 399 (b) The city shall tender to the unit owner an offer to purchase such unit at its 400 fair market value. The fair market value shall be determined by the average of t'.~JO (2) 401 appraisals of such unit based on tho sales prices of comparable properties that have 402 recently sold. Such appraisals shall be performed by licensed Virginia real estate 403 appraisers selected by the city as follows: 404 405 The city and workforce housinQ unit owner shall attempt to aQree upon an 406 appraiser. who shall determine the fair market value of the workforce housinQ unit as of 407 the date of the actual or anticipated sale. If the parties are unable to aQree upon an 408 appraiser within ten (10) days. the parties shall each have an appraisal made by an 409 appraiser of its choice to establish the fair market value. If the two competinQ 410 appraisals are within ten percent (10%) of each other, the midpoint between the two 411 shall be considered the fair market value. If the two appraisals are not within ten 412 percent (10%) of each other. the parties shall aQree on a third appraiser, and such 413 appraiser's valuation shall be controllinQ as to fair market value. If the parties cannot 414 aQree on a third appraiser. the city shall have the riQht to appoint a qualified appraiser 415 and such appraisal shall be controllinQ as to fair market value. The parties shall share 416 equally in the cost of ioint appraisals and shall be solely responsible for the cost of any 417 other appraisals. 418 419 (c) In the event the city decides not to purchase or assign its right to purchase 420 the unit, it shall so notify the owner in writing, who shall thereafter have the right to sell 421 the unit to any other person or entity. 422 423 (d) In the event the city purchases or assigns its right to purchase a workforce 424 housing unit from the owner of such unit, it shall make such unit available for sale to 425 another eligible buyer for a period of at least ninety (90) days. The city shall notify the 426 eligible buyers on its prescreened list of the availability of the unit. 427 428 (e) In the event an eligible buyer enters into a contract to purchase the unit 429 within the ninety-day period, the city shall determine whether such eligible buyer 430 continues to so qualify. If such eligible buyer continues to meet the eligibility 431 requirements of section 16-46, the owner of the unit shall enter into a contract with the 432 city and, if applicable, the city's assignee, to purchase the unit at the fair market value 433 thereof, as determined pursuant to subsection (b). The contract shall further provide 434 that: (i) the amount of the workforce housing discount, plus the shared net appreciation 10 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 I I of the unit, shall be repaid to the city upon resale of the unit; and (ii) that the city shall have the right to repurchase the unit, or to assign such right to an eligible buyer, in accordance with the provisions of this section. (f) At settlement, the principal amount of the outstanding soft second workforce housinq deed of trust note, plus the shared net appreciation of the unit, as defined in section 16-44, shall be repaid to the city from the proceeds of the resale of the unit. All such monies shall be deposited into the workforce housing revolving fund. The city shall finance a portion of the purchase price equal to the amount of the new workforce housing discount by means of a note secured by ~ soft second workforce housinq deed of trust. The new workforce housing discount shall be the same percentage of the undiscounted purchase price of the unit as the percentage of the initial 'J.'orkforce housing discount. Sec. 16-49.1. Same; exceptions. Notwithstandinq the provisions of section 16-49, the followinq transfers of workforce housinq units shall be allowed: (a) A transfer of a workforce housinq unit to the survlvmq joint tenant by devise, descent or operation of the law, on the death of a ioint tenant; (b) A transfer of a workforce housinq unit where the spouse becomes an owner of the workforce housinq unit and the transferee is a person who occupies or will OCCUpy the workforce housinq unit; (c) A transfer of a workforce housinq unit resultinq from a decree of dissolution of marriaqe, leqal separation or from an incidental workforce housinq unit settlement aqreement by which the spouse becomes an owner of the workforce housinq unit and the transferee is a person who occupies or will OCCUpy the workforce housinq unit; and (d) A transfer to an inter vivos trust in which the owner is and remains the beneficiary of the trust and the occupant of the workforce housinq unit. Sec. 16-50. Restrictions on refinancing, etc. of workforce housing units. (a) No owner of a workforce housing unit shall: (1) Refinance such unit or encumber the unit with any other mortgage loan, home equity loan or similar instrument without the prior written approval of the director. Such approval shall be requested no later than thirty (30) days prior to the date of settlement of the proposed refinancing or loan. The owner or prospective lender shall provide 11 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 I I any information required by the director, including, but not limited to, an appraisal of the unit performed by a licensed Virginia real estate appraiser and based on the sales prices of comparable properties that have recently sold. Such appraisal shall be subject to the approval of the director. In addition, the owner or prospective lender shall be charged a reasonable transaction fee to cover the administrative expenses associated with processing the request; (2) Repay Make any payments of principal on the &eft second mortgage loan secured by the workforce housinq deed of trust until the unit is resold by the owner; or (3) Refinance such unit with a loan having a total loan-to-value ratio greater than the owner's proportional share of the initial purchase price. The loan-to-value ratio is the ratio of the principal amount of the refinancinq loan to the fair market value of the unit to the princip31 amount of tho refinancing loan. (b) The soft second workforce housinq deed of trust shall not be subordinated to any other mortgage or encumbrance, except a valid purchase money first deed of trust recorded against the property. DIVISION 3. RENTAL OF WORKFORCE HOUSING Sec. 16-51. Eligibility requirements for renters of workforce housing units; verification. (a) In order to be deemed an eligible to rent a workforce housing unit, a household shall meet the following criteria: (1) At least one adult, non-dependent member of the household occupying the unit shall, at the time of application to the workforce housing program, live or work full-time in the City of Virginia Beach, or must have a bona fide offer of full-time employment within the City of Virginia Beach commencing within three (3) months of the time of application; (2) No member of the household shall own or have a controlling interest in any other real property; (3) The household's gross annual income shall, at the time of application, be between sixty (60) percent and ninety (90) percent of area median income, adjusted for household size; and 12 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 II (4) The net worth of the household shall not exceed fifty (50) percent of the total of rent payments for a period of twelve (12) months. The following items shall not be included in determining the net worth of a household: a. The present value of insurance policies, retirement plans, furniture or household goods; and b. Any income-producing assets needed as a source of income to meet the minimum qualifying requirements for eligible renter status. (b) Before a household may enter into a rental agreement for a workforce housing unit, the property owner or manager of the unit shall verify that such household meets the foregoing eligibility requirements. All property owners or managers of workforce housing units for rent shall maintain a list of households it has screened and determined to be eligible renters. (c) Property owners or managers shall also maintain documentation on each household currently occupying a workforce housing unit for rent. At a minimum, such documentation shall include: (1) Verification of residency or work requirements for eligibility purposes; (2) Composition of the household; and (3) Annual gross income for the household and each of the household members whose income is included in determining eligibility. (d) Property owners or managers shall ensure that all persons living in a workforce housing rental unit are listed on the rental agreement. It shall be a condition of the rental agreement for any such unit that the city may inspect the records of the property owner or manager to ensure compliance with eligibility requirements and may, at reasonable times, enter any workforce housing rental unit to verify that it is occupied by an eligible renter. (e) Property owners or managers shall, upon renewal of a rental agreement, but no less often than annually, verify that the occupants of a workforce housing unit for rent continue to meet applicable eligibility standards. (f) If a property owner or manager determines that a household occupying a workforce housing unit for rent no longer meets applicable eligibility requirements, such property owner or manager shall: 13 I I 569 (1) Require the household to vacate the unit upon the expiration of the 570 current rental agreement; or 571 572 (2) Allow the household to continue to occupy the unit upon expiration 573 of the current rental agreement at the market-based rental price and 574 make the next comparable market-based rental unit available to an 575 eligible renter at a rental price deemed affordable under the 576 standards prescribed in this article. 577 578 The household shall be removed from the list of eligible renters and shall not 579 thereafter be eligible to rent a workforce housing unit for such period of time as 580 applicable the household meets applicable eligibility requirements. 581 582 Sec. 16-52. Rental property compliance agreement. 583 584 (a) A property owner desiring to rent property under the workforce housing 585 program shall enter into a compliance agreement with the city. The terms of such 586 agreement shall be prescribed by the city and shall set forth the terms and conditions of 587 the owner's participation in the workforce housing program, including, but not limited to, 588 occupancy and rent requirements, including maximum rents, means of preserving the 589 long-term affordability of workforce housing rental units, and such other terms and 590 conditions as are, in the judgment of the director, reasonable and necessary to ensure 591 compliance with applicable provisions of this article and the goals of the workforce 592 housing program. All workforce housing rental units shall be rented in conformity with 593 the income and rent limitations specified in the compliance agreement for a period of 594 not less than fifty (50) years. 595 596 (b) Property owners or managers shall, upon request of the director, provide a 597 copy of their most current tenant selection policy or criteria. 598 599 (c) Any material failure to comply with the terms of an compliance agreement 600 shall subject the owner to a liquidated damages penalty in the amount of fifty dollars 601 ($50.00) per unit for each day such noncompliance continues, unless the director 602 waives such penalty, in whole or in part, based upon his determination that the owner 603 has taken timely corrective action to cure such noncompliance. Liquidated damages 604 collected by the city shall be deposited into the second mortgage workforce housing 605 revolving fund. 606 607 Sec. 16-53. Rental procedures. 608 609 (a) Workforce housing units shall be rented only to households who meet the 610 eligibility standards set forth in section 16-51. 611 14 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 I I (b) A developer building workforce housing units for rental purposes shall notify the director no later than forty-five (45) days prior to the units being ready for initial occupancy. In the notification the developer shall supply the following information: (1) The name of the development and its location; (2) Number of units by type of unit; (3) The size of units in square feet; (4) The number of bedrooms and bathrooms in each unit; (5) The market rental rates of each unit: (6) The actual rates at which such units will be rented as workforce housing units; and (7) Contact information for interested households. In addition, the owner or manager of a workforce housing rental unit shall notify the director within three (3) working days of such unit becoming available for rent. The city shall maintain on its web site a comprehensive listing of all properties with available workforce housing units for rent. (c) Any household desiring to rent a workforce housing rental unit shall submit to the property manager or manager an application for determination of its eligibility to rent a workforce housing unit. Such application shall contain such information concerning the residency, employment, gross income and net worth for each member of the household as may be necessary to determine the eligibility of such household. The property owner or his designee shall determine the eligibility of the household and shall promptly notify the director of its determination. (d) A household that meets all of the eligibility requirements set forth in section 16-51 shall be deemed an eligible renter and shall be placed on a waiting list for a workforce housing rental unit at the development at which the household has made application for a rental unit. At such time as a workforce housing rental unit becomes available at the development, the property owner or manager shall so notify the eligible renters on its waiting list, if any. The property owner or manager may review all tenant applications and make tenant selections based on any lawful tenant selection policy. (e) The city shall make available to the general public information concerning the location of workforce housing rental units and such other information as may assist prospective renters in seeking available workforce housing rental units. 15 II 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 DIVISION 4. ADDITIONAL PROVISIONS Sec. 16-54. Workforce housing advisory board established; membership; duties. (a) Established. The workforce housing advisory board is hereby established. (b) Term. There shall be at least ten (10) members of the board, who shall be appointed by the city council for terms of four (4) years; provided, however, that the initial terms of two (2) members shall be one (1) year, the initial terms of three (3) members shall be two (2) years, and the initial terms of three (3) members shall be three (3) years. (c) Membership. Two (2) members, both of whom shall have extensive experience in practice in the City of Virginia Beach, shall be either land planners or civil engineers or architects licensed by the Virginia Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects; one (1) member shall be a real estate salesperson or broker licensed by the Virginia Real Estate Board; one (1) member shall be a representative of a lending institution that finances residential development in the City of Virginia Beach; one (1) member shall be a member of the city council; one (1) member shall be a builder with extensive experience in the construction of single-family detached and attached dwelling units; one (1) member shall be builder with extensive experience in the construction of multiple-family dwelling units; one (1) member shall be a current employee of the department of public works or department of planning; one (1) member shall be a representative of a nonprofit housing organization which provides services in the City of Virginia Beach; and the remaining members shall be citizens of the city. (d) Duties. It shall be the duty of the board to: (1) Make recommendations to the city council concerning the sales and rental prices of workforce housing units. Such prices shall be based on the area median income, as defined in section 16-44, and shall be adjusted semi-annually; (2) Advise the city council on all aspects of the city's workforce housing program, including recommendations for modifications of the requirements of the program; and (3) Report annually to the city council on the production of workforce housing units, participation in the workforce housing program, and achievement of program goals. 16 II I I 701 Sec. 16-55. Director and designated agent to establish written rules and 702 guidelines; legal instruments. 703 704 (a) The director 3nd designated 3gent of the city shall establish written rules 705 and guidelines supplementing, and in conformity with, the provisions of this article. Such 706 rules and guidelines shall provide for, among other things, allocation of responsibilities, 707 sharing of information, coordination of activities and procedural protocols for 708 administering the workforce housing program. Such rules and guidelines shall be 709 subject to the approval of the city council. 710 711 (b) ARy- All legal instrument~ used in connection with the purchase, sale or 712 rental of a workforce housing unit shall contain adequate provisions to ensure the 713 eligible buyer's or eligible renter's compliance with the applicable provisions of this 714 article. Such provisions shall be approved by the city attorney. 715 716 Sec. 16-56. Violations. 717 718 (a) The following tables list certain violations of the Workforce Housing 719 ("WFH") Program requirements and the penalties for their violation. Where more than 720 one penalty is prescribed, they shall be deemed cumulative, such that any or all 721 applicable penalties may be imposed: 722 723 Table 1 (sale/ownership of workforce housing units): 724 Program Violation Penalties Falsification of eligibility requirements Permanent ineligibility for the WFH Proaram. Must sell WFH unit to the city. Immediate payment of the city's share of net appreciation on the WFH unit at resale. Immediate repayment of the SGft second mortgage. Failure to occupy WFH unit as primary Immediately reoccupy WFH Unit. residence or to provide the certification If unable to reoccupy unit, the following required bv Section 16-46.1(b) penalties apply: 1. Permanent ineligibility for the WFH Program. 2. Owner must sell WFH Unit to the city. 3. Immediate payment of the city's share of net appreciation on the WFH unit at resale. 4. Immediate repayment of the SGft second mortgage. Failure to comply with all city Immediate correction of code violation. regulations for property maintenance If unable to correct code violations in prescribed time period, the following penalties apply: 1. Permanent loss of eligibility for the WFH Program. 17 I I 2. Must sell WFH unit to the city. 3. Immediate payment of the city's share of net appreciation on the WFH unit at resale. 4. Immediate repayment of seft second mortqaqe. Failure to comply with refinancing and Permanent ineligibility for the WFH Program. home equity loan requirements of WFH Owner must sell WFH unit to the citv . Program Immediate payment of the city's share of net appreciation on the WFH unit at resale. Immediate repayment of seft second mortaaae. Failure to offer the city first right to Immediate payment of the city's share of net purchase when desiring to sell WFH appreciation on the WFH unit at resale. unit Immediate repayment of seft second mortaaae. Further legal action as deemed appropriate by the city . End-user enters into a lease-to- Owner must sell WFH unit to the city. purchase agreement for the WFH unit Immediate payment of the city's share of net appreciation on the WFH unit at resale, Immediate repayment of seft second mortgage. 725 726 727 Table 2 (rentals of workforce housing units): 728 729 Program Violation Penalties Falsification of eligibility requirements Permanent loss of eligibility for the WFH such as income, residency, employment Proqram. or persons who will be occupying the Must move from the units within 60 days from unit, etc. date of written notice of being in violation of proqram Must pay market rate rent on the unit until the unit is vacated Failure to occupy WFH Unit as primary Immediately reoccupy WFH Unit. residence If unable to reoccupy unit, the following penalties apply: 1. Permanent loss of eligibility for the WFH Proqram. 2. Must move from the unit within 60 days. 3. Required to pay market rate rent on unit after receiving notice of violation until unit is vacated Failure to list all persons living in the 1. Permanent loss of eligibility for the WFH household on lease; allowing person or Proqram. persons not listed on lease to move in after lease is sig ned 2. Must move from the WFH Unit. 730 (b) In the event the director determines that there is reasonable cause to 731 believe that a violation has occurred, he shall so notify the eligible buyer or eligible 18 I I 732 renter who has allegedly committed the violation. Such notice shall be by certified mail 733 to the last know address of the eligible buyer or eligible renter and shall specify the 734 nature of the alleged violation and the facts supporting the director's determination. The 735 eligible buyer or renter shall have ten (10) days from the date of mailing of the notice in 736 which to request a hearing before the city manager or his designee, who shall not be 737 the director. 738 739 (c) The city manager or his designee shall hold the hearing on the earliest 740 practicable date but in no event later than fifteen (15) days from the date the request for 741 a hearing is received. Both the director and the alleged violator shall be entitled to 742 present witnesses and other evidence in his or her behalf. 743 744 (d) The city manager or his designee shall issue a written decision within five 745 (5) working days of the hearing, and shall mail such decision to the eligible buyer or 746 eligible renter by certified mail no later then the following working day. Such decision 747 shall contain a finding that the eligible buyer or eligible renter has committed the alleged 748 violations, or any of them, or that no violations have been committed. In the event he 749 finds that one of more of the alleged violations have been committed by the eligible 750 buyer or eligible renter, the penalty or penalties prescribed in the chart in subsection (a) 751 shall apply. 752 753 (e) An adverse decision may be appealed to the circuit court by an eligible 754 buyer or eligible renter within fifteen (15) days of the date of the decision. No such 755 appeal shall stay the imposition of any penalty except by order of the circuit court in an 756 appropriate case. 757 758 759 Sec. 16-57. Application, etc. fees. 760 761 The city shall charge a reasonable application fee and such other ordinary and 762 customary fees in the real estate industry as are reasonable and necessary to cover the 763 costs of the service for which the fee is charged. The amount of such fees shall be 764 determined by the city council upon recommendation of the workforce housing advisory 765 board. 766 767 Sec. 16-58. Severability. 768 769 The provisions of this article are severable, and in the event one or more such 770 provisions are determined invalid or unenforceable by a court of competent jurisdiction, 771 the remaining provisions of this article shall be unaffected by such determination and 772 shall continue in full force and effect. 773 774 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 28th 775 day of October, 2008. 19 II i II 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO ESTABLISH A WORKFORCE HOUSING REVOLVING SPECIAL REVENUE FUND BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Workforce Housing Revolving Special Revenue Fund is hereby established in the FY 2008-09 Department of Housing and Neighborhood Preservation Operating Budget to increase affordable housing in the City. Adopted by the Council of the City of Virginia Beach, Virginia on the 28th day of October, 2008. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: J3euVrJ Q . Management servi~ ~~, City At orney's Off ~ CA 10895 R-1 October 15, 2008 II 1 A RESOLUTION APPROVING PROGRAM 2 DOCUMENTS FOR THE WORKFORCE HOUSING 3 PROGRAM AND PROVIDING FOR THE EXECUTION 4 OF LEGAL INSTRUMENTS IN WORKFORCE 5 HOUSING TRANSACTIONS 6 7 WHEREAS, the City Council previously established the Workforce Housing 8 Program by adoption of Article 21 of the City Zoning Ordinance and Article VIII of 9 Chapter 16 of the City Code for the purposes of providing diverse, high-quality and 10 affordable housing in desirable neighborhoods and broadening housing 11 opportunities, increasing residents' access to nearby employment and providing a 12 better land use arrangement to accommodate alternative, cost-effective 13 transportation systems; and 14 15 WHEREAS, the City Attorney has prepared documents (the "Program 16 Documents") to be used in implementing the Workforce Housing Program; and 17 18 WHEREAS, the Program Documents have been presented to and reviewed 19 by the City Council; 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA: 23 24 That the City Council hereby approves, for use in the Workforce Housing 25 Program, the Program Documents, subject to such amendments or alterations as 26 the City Manager and the City Attorney may, from time to time, deem necessary or 27 appropriate. 28 29 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: 31 32 That the City Manager is hereby authorized to execute, or to designate the 33 Director of the Department of Housing and Neighborhood Preservation to execute, 34 on behalf of the City, such legal instruments used in connection with the purchase, 35 sale or rental of workforce housing as have been approved by the City Attorney. 36 Adopted by the Council of the City of Virginia Beach, Virginia on the ?Rt-h day of October , 2008. APPROVED AS TO LEGAL SUFFICIENCY: APPROVED AS TO CONTENT: City Attorney's Office CA 1 0884 I October 3, 2008 I R-1 II II - 61 - V-L.1. APPOINTMENTS ITEM # 58213 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BEACHES and WATERWAYS COMMUNITY SERVICES BOARD HISTORIC PRESERVATION COMMISSION PARKS and RECREATION COMMISSION REVIEW AND ALLOCATION COMMITTEE - COG SOUTHEASTERN PUBLIC SERVICE AUTHORITY - SPSA TIDEWATER REGIONAL GROUP HOME COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION - VBCDC WORKFORCE HOUSING ADVISORY COMMITTEE October 28, 2008 II I I - 62- Item V. O. ADJOURNMENT ITEM # 58214 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6: 55 P.M. @~--~-'--~~~~--- Beverly 0. Hooks, CMC Chief Deputy City Clerk uth Hodges Fraser, MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia October 28, 2008 II I I - 62- Item V. O. ADJOURNMENT ITEM # 58214 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6: 55 P.M. ~__tt~_If:t!~Q Beverly 0. Hooks, CMC Chief Deputy City Clerk q~ City Clerk ~._- Meyera E. Oberndorf Mayor City of Virginia Beach Virginia October 28, 2008