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Home My WebLink AboutAPRIL 14, 2009 CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SESSOMS ,JR., At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 GLENN R. DA VIS, Rose Hall - District 3 WILLIAM R. DeSTEPH, At-Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER" Centerville - District I BARBARA M. HENLEY, Princess Anne District 7 JOHN E. UHRIN, Beach - District 6 RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE CITY ATTORNEY MARK D. STILES CITY ASSESSOR JERALD BANAGAN CITY AUDITOR.. LYNDON S. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC CITY COUNCIL AGENDA 14 APRIL 2009 I. CITY COUNCIL LIAISON REPORTS - Conference Room - II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. CITY COUNCIL WORKSHOP FY 2009-2010 and 2010-2011 Operating Budget FY 2009-2010 and 2010-2011 Capital Improvement Program V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION I' , CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com 1:00 PM 4:30 PM II I VI. FORMAL SESSION AGENDA - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend David Howard Pastor, Brook 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 SESSION March 24,2009 G. FORMAL SESSION AGENDA H. PRESENTATIONS 1. VIRGINIA MUSICAL THEATER Barbara Lewis, Board Member 3. NATIONAL AGENCY RE-ACCREDIT A TION A WARD Cindy Curtis, Director - Parks and Recreation I. PUBLIC HEARINGS 1. LEASE OF CITY PROPERTY Beach Events Office Space at 302 22nd Street 2. LEASE OF CITY PROPERTY Farmer's Market, spaces 30-33 3. SALE OF EXCESS CITY PROPERTY Restrictive Easement - 4337 Country Club Circle (DISTRICT 5 - BA YSIDE) II I J. CONSENT AGENDA K. ORDINANCES 1. Ordinance to AMEND 92-321 ofthe City Code re increasing membership ofthe Social Services Advisory Board from five (5) to seven (7) 2. Ordinances re LEASE of City property: a. Chris and Cathie Sale t/a BACK BAY MINING COMPANY re spaces 30-33 at Farmer's Market b. INTEGRATED MANAGEMENT GROUP, LLC re office space for Beach Events at 302 22nd Street 3. Ordinance to ADOPT the 2009 Annual Housing Choice Voucher Agency Plan (formerly Section 8) and AUTHORIZE the City Manager to execute and submit the Plan to the U.S. Department of Housing and Urban Development (HUD) 4. Ordinances re the Southeastern Public Service Authority (SPSA) a. PROPOSED Financial Assistance Plan b. APPROPRIATE $11,200,000 to Public Works FY 2008-09 Budget re disposal costs 5. Ordinances to ACCEPT, APPROPRIATE and/or TRANSFER funds re FY 2008-09 Budgets: a. $425,000 grant from the Virginia Land Conservation Foundation to Parks and Recreation re one-half of the May 2007 purchase of land adjacent to the Adam Thoroughgood House b. $750 donation from the Farm Bureau to Agriculture re controlled agricultural burn signs and stickers to identify legitimate "farm use" vehicles c. $194,424 to the General Registrar re Primary Elections on June 9, 2009 d. $375,000 to Finance to meet STOP Program contractual obligations with the Division of Motor Vehicles (DMV) e. $17,500 grant from FEMA to Fire re reimbursement for 2009 Presidential Inauguration f. $183,963 within Human Resources and Communications and Information Technology (COMIT) re Payroll (InSITE) system g. $738,228 grant from Homeland Security re purchase of Electrocardiogram monitors and a driving simulator; TRANSFER $184,557 as matching funds within the Fire Department I, , II I 6. Ordinance to REIMBURSE legal fees incurred by an Animal Control Officer in defending a criminal charge resulting from the performance of her duties which case was dismissed L. PLANNING 1. Application of BRADLEY CAPPS for an Expansion of a Nonconforming Use re a bedroom- bathroom one-story addition at 316 16th Street - DISTRICT 6 - BEACH RECOMMENDA nON APPROV AL 2. Application of DAVID C. LANDIN for an Expansion of a Nonconforming Use re a porch and patio enclosure at 6202 Oceanfront Avenue - DISTRICT 5 - L YNNHA VEN RECOMMENDATION APPROVAL 3. Variance to 94.4(b) ofthe Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for MICHAEL MEGGE and L YNNETTE HUME re lot width at 2032 Hackberry Road - DISTRICT 5 - L YNNHA VEN RECOMMENDATION APPROV AL 4. Application of OLD BEACH FARMER'S MARKET for a Conditional Use Permit re an outdoor Farmer's Market at 620 19th Street - DISTRICT 6 - BEACH RECOMMENDA nON APPROVAL 5. Application of CASEY WELSH for a Conditional Use Permit re a firewood preparation at 3445 West Neck Road - DISTRICT 7 - PRINCESS ANNE STAFF RECOMMENDATION RECOMMENDA nON DENIAL APPROVAL 6. Applications of BARRY D. and PAULA W. KNIGHT re Conditional Use Permits- DISTRICT 7 - PRINCESS ANNE a. Private Heliport at 1852 Mill Landing Road b. Private Helistop at 3501 Baum Road RECOMMENDATION APPROVAL 7. Application of SEVEN CITIES ELECTRIC, INC. for a Change of Zoning District Classification, from R- 5D Residential District to Conditional B-1 Business District at 1945 Centerville Turnpike - DISTRICT 1 - CENTERVILLE APPLICANT REQUESTS DEFERRAL TO APRIL 28, 2009 II I 8. Application of GATEWAY ENTERPRISES, LLC for a Change of Zoning District Classification from AG-2 Agricultural District to Conditional 0-2 Office District at 2084 Princess Anne - DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 9. Ordinance to further EXTEND the date for satisfying conditions in the closing of a portion of Grimstead Road for JOSEPH W. FREEMAN, JR. (approved/conditioned by City Council October 23,2007 and time extension granted October 14,2008) RECOMMENDATION APPROVAL M. APPOINTMENTS AUDIT COMMITTEE ARTS AND HUMANITIES COMMISSION CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM (ASAP) MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMITTEE TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROAD (HRT) TOWING ADVISORY BOARD WETLANDS BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT ********************************** PUBLIC COMMENTS Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** II I PROPOSED RESOURCE MANAGEMENT PLAN FY 2010 BUDGET WORKSHOPS April 14 April 21 April 16 April 28 MayS May 12 Workshop Workshop Public Hearing Workshop and Public Hearing Reconciliation Workshop Public Hearing for Adoption Council Conference Room Council Conference Room Green Run High School- 6 p.m. Council Chamber - 6 p.m. Council Conference Room Council Chamber - 6 p.m. ******** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** Agenda 4/14/09st www.vbgov.com "I - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia April 14, 2009 Mayor William D. Sessoms, Jr., called to order the City Council Liaison Reports in the City Council Conference Room, Tuesday, April 14, 2009, at 1:00 P.M Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Glenn R, Davis [Grandfather's Funeral Services] Ron A. Villanueva [Entered: Formal Session 6:00 P.M, returning from Spring Vacation withfamily] April 14, 2009 I' III' - 2 - CITY COUNCIL LIAISON REPORTS .ITEM # 58670 1:00 P.M. Councilman Wood, Liaison, distributed the Green Ribbon Implementation Committee Report, which is hereby made a part of the record. Council Lady Henley referenced the Green Ribbon Implementation Committee report on April 9, 2009, and the Proposed Green Incentives Program, Staff is recommending the Implementation Committee support a package of GREEN building incentives for City Council's consideration. Concerning the Green Ribbon Implementation Report, Councilman DeSteph inquired re the meaning of "Tree Stand Preservation". Council Lady Henley noted this was a typographical error. It means Preservation of a Strand of Trees. ITEM # 58671 Council Lady Henley advised yesterday, April 13, 2009, the Bikeways and Trails Committee met. Council Lady Henley distributed theIR brochure, May is bike month and many activities are planned for May, The Agricultural Advisory Commission met last night, April 13, 2009, at the Farmer's Market. Council Lady Henley was pleased and impressed by all the initiatives, David Trimmer, Director - Agriculture and Mel Atkinson, are proposing to "make things happen" at the market. This year, they will be doing a lot of things that will help make this an even more successful venue than now. The Technology Update was distributed at the end of the Informal Session. Council Lady Henley distributed the Open Space Program and Funding Liaison Report at the end of the Informal Session. April 14, 2009 I II I - 3 - CITY COUNCIL LIAISON REPOR TS LAKE JAMES WATER QUALITY ITEM # 58672 Councilman Dyer referenced the citizens of Lake James expressed concern during the Public Comment Session on March Tenth, relative the water quality of Lake James, Councilman Dyer had requested Staff give a Briefing on the Status of Lake James water quality. David Hansen, Deputy City Manager provided the requested Briefing: Purpose of Study · Citizen concerns re water quality · City Council Open Mike: March 10, 2009 · Old Dominion University (ODU) graduate student study · High levels of nitrogen, ammonia and phosphorous · Algae production · Concerns with City and Hampton Roads Recycling Recovery Center (HRCC) landfills City Actions March 5, 2009, meeting with residents · Public Works Operations begins canal maintenance Malcolm Pirnie hired to analyze and provide interim recommendations · Ongoing communication with residents Ongoing communication with Department of Environmental Quality (DEQ) · Ongoing communications with the Hampton Roads Recycling Recovery Center (HRRC) Findings · Ammonia and TKN (Total Kjeldahl Nitrogen) highest at City Landfill · Confirms Old Dominion University and Department of Environmental Quality ( DEQ) findings Hampton Roads Recycling Recovery Center (HRRC) discharge is a source · No violations of water quality standards · Algae in Canal · Removing TKN (Total Kjeldahl Nitrogen) may not eliminate algae · Weir allows water to pass through · Poor flushing of lake · Natural eutrophication process The natural euthrophication process is the process by which a body of water becomes rich in nutrients encouraging the growth and then it becomes the addition of oxygen depleting plant life and this could result in harm to other organisms. Mr, Hansen displayed maps which indicated Lake James Water Quality Assessment - Sampling Locations, Summary of Surface Water Quality for Ammonia, Total Kjeldahl Nitrogen and Total Phosphorus, VBS indicates Virginia Beach's landfill, Hampton Roads Recycling Recovery Center (HRRC), is the area of Williams Pit. April 14, 2009 I, - 4 - CITY COUNCIL LIAISON REPOR TS LAKE JAMES WATER QUALITY ITEM # 58672 (Continued) ! I I I Z.~ j; ,I I , i i I I J S! Ii ,I II' April 14, 2009 - 5 - CITY COUNCIL LIAISON REPORTS LAKE JAMES WATER QUALITY ITEM # 58672 (Continued) "...~,~'::.- 1""""'''-1 .. ...",.... .. >< ",> APR>L2oc.tl FiGlJRE3 I ! I j jl i: It II' Apri/14, 2009 I II I - 6 - CITY COUNCIL LIAISON REPOR TS LAKE JAMES WATER QUALITY ITEM # 58672 (Continued) Previous Study · Environmental Assessment of Lake James from 1999 Sources of eutrophication process were identified as nutrient input from: · Inlet canal- was corrected with construction of wier · Neighborhood runoff from lawns, gardens both directly and from stormwater pipes · Bird droppings · Lack of nutrient fixating capacity in the lake, limited emergent vegetation - no transition zone, bulkheading around the lake A formal written report will be prepared by Malcolm Pirnie either the end of this week or beginning of next analyzing each of the readings and establishing the benchmarks. None of the water quality standards of monitoring are being violated Interim Actions Canal maintenance · Maintenance of weir · Silt curtain to deflect algae to bypass · Clean up former Southeastern Public Service Authority (SPSA) mulching site · Evaluate retrofit of yard waste infiltration pond · Groundwater quality sampling at perimeter wells Long Term Actions Evaluate "health" of Lake James Evaluate nutrient loading canal vs. other sources · Evaluate differences between Lake James and Lake Christopher · Answer "what is required to provide recreational water quality?" Determine need for design changes to weir and/or canal · Determine need for improvements at City Landfill Neighborhood Expectations · Water quality that allows Lake James to be used as a recreational amenity · Elimination of algae · City provide a clean water source to allow flushing of lake to maintain recreational water quality When the Malcolm Pirnie report is received, the Health Department shall also speak relative the health hazards and impact, April 14, 2009 I II I - 7 - C IT Y COUNCIL COMMENTS ITEM # 58673 Council Members Uhrin and Villanueva have been tasked with honoring Bruce Smith on a certain day. Mr, Smith has been contacted and space has been reserved at the Convention Center for an event on August 15, 2009. He was very appreciative of the consideration. The Mayor of Norfolk and his staff haves also been contacted to participate in the program, April 14, 2009 I. ill' I - 8 - AGE N DA REV IE W S E S S ION 1:30 P.M. ITEM # 58674 4, Ordinances re the Southeastern Public Service Authority (SPSA) a. PROPOSED Financial Assistance Plan b. APPROPRIATE $11,200,000 to Public Works FY 2008-09 Budget re disposal costs These items will be discussed during Closed Session. ITEM # 58675 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: K ORDINANCES I. Ordinance to AMEND f]-321 of the City Code re increasing membership of the Social Services Advisory Boardfromfive (5) to seven (7) 2. Ordinances re LEASE of City property: a. Chris and Cathie Sale t/a BACK BAY MINING COMPANYre spaces 30-33 at Farmer's Market b. INTEGRATED MANAGEMENT GROUP, LLC re office space for Beach Events at 302 22nd Street 3. Ordinance to ADOPT the 2009 Annual Housing Choice Voucher Agency Plan (formerly Section 8) and AUTHORIZE the City Manager to execute and submit the Plan to the u.s. Department of Housing and Urban Development (BUD) 5. Ordinances to ACCEPT, APPROPRIATE and/or TRANSFERfunds re FY 2008-09 Budgets: a. $425,000 grantfrom the Virginia Land Conservation Foundation to Parks and Recreation re one-half of the May 2007 purchase of land adjacent to the Adam Thoroughgood House b. $750 donation from the Farm Bureau to Agriculture re controlled agricultural burn signs and stickers to identify legitimate "farm use" vehicles c. $194,424 to the General Registrar re Primary Elections on June 9,2009 d. $375,000 to Finance to meet STOP Program contractual obligations with the Division of Motor Vehicles (DMV) e. $17,500 grant from FEMA to Fire re reimbursement for 2009 Presidential Inauguration April 14. 2009 III - 9 - AGE N DA REV IE W S E S S ION ITEM # 58675 (Continued) f. $183,963 within Human Resources and Communications and Information Technology (COMIT) re Payroll (InSITE) system g. $738,228 grant from Homeland Security re purchase of Electrocardiogram monitors and a driving simulator; TRANSFER $184,557 as matchingfunds within the Fire Department 6. Ordinance to REIMBURSE legal fees incurred by an Animal Control Officer in defending a criminal charge resulting from the performance of her duties which case was dismissed Councilman DeSteph expressed concern and requested re K.2. (Integrated Management Group, LLC) to see a copy of the lease, / Apri/14, 2009 II Ii - 10- AGENDA RE VIE W SESSION ITEM # 58676 4. Application of OLD BEACH FARMER'S MARKET for a Conditional Use Permit re an outdoor Farmer's Market at 620 19'h Street - DISTRICT 6 - BEACH The applicant wishes to speak during the Formal Session. BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT: L. PLANNING 1. Application of BRADLEY CAPPS for an Exoansion of a Nonconforminl! Use re a bedroom-bathroom one-story addition at 316 16th Street - DISTRICT 6 - BEACH 2, Application of DA VID C. LANDIN for an Exoansion of a Nonconforminl! Use re a porch and patio enclosure at 6202 Oceanfront Avenue - DISTRICT 5 - LYNNHA VEN 3. Variance to 94.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for MICHAEL MEGGE and LYNNETTE HUME re lot width at 2032 Hackberry Road - DISTRICT 5 - LYNNHA VEN 5, Application of CASEY WELSH for a Conditional Use Permit re a firewood(Jpreparation at 3445 West Neck Road - DISTRICT 7 - PRINCESS ANNE 6, Applications of BARRY D. and PAULA W. KNIGHTre Conditional Use Permits- DISTRICT 7 - PRINCESS ANNE a. Private Heliport at 1852 Mill Landing Road b. Private Helistop at 3501 Baum Road 7. Application of SEVEN CITIES ELECTRIC, INC. for a Change of Zoninf! District Classification. from R- 5D Residential District to Conditional B-1 Business District at 1945 Centerville Turnpike - DISTRICT 1 - CENTERVILLE 8. Application of GATEWAY ENTERPRISES, LLCfor a Change of Zoning District Classilicationfrom AG-2 Agricultural District to Conditional 0-2 Office District at 2084 Princess Anne - DISTRICT 7 - PRINCESS ANNE April 14, 2009 II I - 11 - AGENDA RE VIE W SESSION ITEM # 58676 (Continued) 9. Ordinance to further EXTEND the date for satisfying conditions in the closing of a portion of Grimstead Road for JOSEPH W. FREEMAN, JR. (approved/conditioned by City Council October 23, 2007 and time extension granted October 14, 2008) Item L3, (MICHAEL MEGGE and LYNETE HUME) shall be APPROVED, BY CONSENT, with REVISED CONDITIONS Councilman DeSteph shall vote a VERBAL NA Y on Item 5 (CASEY WELSH) Mayor Sessoms shall ABSTAIN on Item L,6 (BARRY D. and PAULA W. KNIGHT) as this involves financial services with TowneBank. Mayor Sessoms is President of Towne Bank Item L, 7 (SEVEN CITIES ELECTRIC, INC.) shall be DEFERRED INDEFINTELY, BY CONSENT. Mayor Sessoms shall ABSTAIN on Item L,8. (GATEWAY ENTERPRISES, LLC) as this involves financial services with TowneBank. Mayor Sessoms is President of Towne Bank April 14, 2009 II I - 12 - CITY COUNCIL WORKSHOP FY 2009-2010 and 2010-2011 Capital Improvement Program ITEM # 58677 1 :42 P.M. Catheryn Whitesell, Director - Management Services, referenced the very large map on the wall, which depicts every Capital Project. This map indicates the Capital Improvement projects are fairly well distributed across the City. This Capital Improvement Program represents the investments needed to make the City Council Vision and Plans happen. . Components of the Comprehensive Plan, the Outdoors Plan, Resort Area Plan and Open Space Plan supported by the CIP . Stratellic Growth Areas . Resort Area . Burton Station . Pembroke . Newtown Road . Master Street and Hillhwav Plan . Circulation patterns . Connectivity . Neillhborhood Preservation & Intellritv . Maintaining and replacing aging infrastructure . Managing traffic patterns . Historical preservation . Aesthetics . Environment . Water Quality . Storm Water control and quality . Open Space preservation .Animal Colltr61$heher& K-& . Building Renovations and Rehabil~ations . Various Site Acquisition 'ComputariZod Map (PU) .pump Stllllon Monftortng & Ollla Storage (PU) ;,REJCreatlOn Ctt Ren()V~tOnS 'Park lJaveIopmeot & Reno 'CIT-Communltauons Tech G.aot 'CIT.EleetronICRecord. .CIT..Telecomm Rept_meot City Council's Strategic Plan Linkage to the CIP .~~rtNelgh.ReVftalizaIiOn (August, 2008) .~~~)ratlon, Innow, Rehab. 'PA Plaza Rehab (PU) -Sewer Compliance Prog (PU) .. Playground Renovations .Design of Williams Fann Community Ree etr -Beach Garden Park Improvement 'N & S Lake Holly Watersheds osemont Forest Drainage Beach Drainage .Rudee Inlet Walk .191h St. Corridor ..Oceanfront Garage Maintena .. Historic Property Acq. .. Aquarium Exhibit Renovation . Beach Replenishment .. Rudee Dredging .Sandbridge Beach Access .Open Space Acq & Dev .. Aquarium & Owl Creek Master Plan oLynnhaven Watershed Restoration 'Nlmmo Pal1<way 'P.A. Rood Ph IV ~ShoreDr\ Improvement -PAIt(8rnPlntersection 'LyMh8\lon Pkwy XI 'Wesleyan Road -Saker Road .Witchduck Rd Ph I -Norfolk & Southern -Rural Roads -Paving & Reconstruction . Bridge Rehab April J 4, 2009 II I - 13 - CITY COUNCIL WORKSHOP FY 2009-2010 and 2010-2011 Capital Improvement Program ITEM # 58677 (Continued) The Capital Improvement Environment . Lack of State funding for Roadways . Lack of State funding for School Construction . Limited Debt Capacity . Support for Council Initiatives . Shift pay-as-you-go funds back to the General Fund to support the Operating Budget Financial Strategies . Focus on City Council Goals . Move existing funding to high priority projects . Use Fund Balance to maintain critical capital projects . Focus limited funding on maintenance/replacement of existing infrastructure . Continue to move forward on Strategic Growth Areas . Use partnerships (public/private, public/non-profit, and public/public) to leverage limited resources . Maximize the use of Federal Stimulus Dol/ars . Make strategic use of limited debt capacity "Green Projects" . Leadership in Energy & Environmental Design (LEED) . Animal Control Shelter . Williams Farm Community Recreation Center . Thalia Fire and Rescue Station . Chesapeake Beach Fire and Rescue Station . TCC/City Joint Use Library (Lifelong Learning Center) . Landstown Public Utilities Rehabilitation . Energy Performance Projects . Piloting LED Streetlights along the Boardwalk and near the Amphitheater on Dam Neck Road . Bikepath and Trail Systems . Storm Water Quality Improvements April 14, 2009 - 14- CITY COUNCIL WORKSHOP FY 2009-2010 and 2010-2011 Capital Improvement Program ITEM # 58677 (Continued) Projects with Multiple Partners and Outcomes . Williams Farm Complex . Beach Garden Park . North and South Lake Holly Watersheds . Tennis Court Maintenance and Recreation Space at Schools . Western Branch Dredging . TCC-City Joint Use Library (Lifelong Learning Center) . EDIP - Economic Development Investment Project Where (undine comes (orm (City Only) Capital Budget FY 2009-10 Pay-as-you-go $54.9 General Fund Balance 19.3 Other Fund Balances 18.0 'State 7.6 Pederal 10.6 Bonds/Lease Purchase 52,6 Other .7 Total Capital Budget $163.7 Funding by CIP Section Storm Water, 7.0% Water, 3.7% FY 2009-10 Revised Budget $ 56.3 16.8 10,3 35,0 7.7 11,5 20.9 5,2 $163.7 Capital Budget Economic & Tourism Developmen1, 12.8% Parks & Recreation, 6.3% ;<I1I<'~I~I;;m@dbH4;',,'L,' (City Only - in millions) Buildings, 10.2% Communications & hformation Technology, 3.2% Roadways, 34.4% Roadways City Buildings Parks and Recreation Utilities Coastal Storm Water Economic & Tourism Development Communications & Information Technology Total City Projects II I 11 Apri/14, 2009 II II - 15 - CITY COUNCIL WORKSHOP FY 2009-2010 and 2010-2011 Capital Improvement Program ITEM # 58677 (Continued) Catheryn advised, as previously discussed, there is no state roadway or school construction funding. These two itemsare just in the FY 2010 Budget was a $20-MILLON loss of revenue. The short term debt capacity is extremely limited. Mayor Sessoms inquired re the short term debt capacity, Catheryn advised there are four (4) indicators used. Debt per capita is the most restrictive and the City is "skirting" at the $400 per capita level. Funding by Type of Project (City Only) ~~"i::,i':~~;~*:::;:d:A City $163.8 Million Maintenance, 86.1% Equipment, 1.7% Other, 3.2% StudylDesign, 0.9% 12 The Resource Management staff will work with the City Council and the City Manager to develop a financial strategy for the long term, not just the Capital Improvement Program, but the core services and the Operatin Budget. Capital Investment in Infrastructure (FY 2007-08 Actual- City Only) ':~;~~;~~~Jt~;,;" '; $250 $200 Ul $150 l: . ,2 :::E $100 $50 $0 Chesapeake Harrpton New port IIbrfolk Fbrtsmoulh Suffolk Virginia News Beach Data is derived from the Virginia Audnor of Public Accounts Report - February 2009 and excludes capnal investrmnt in Education 13 April 14, 2009 II I' - 16 - CITY COUNCIL WORKSHOP FY 2009-2010 AND 2010-2011 Capital Improvement Program ITEM # 58677 (Continued) Excluding capital investment in Schools, Virginia Beach spent $200.9-MILLION ($466 per capita) on capital investment, which is more than the combined spending by Chesapeake, Norfolk, Portsmouth and Suffolk ($184.7 million or $293 per capita). Ms. Whitesell introduced Jason E. Cosby, Director - Public Works, who provided information re the Capital Improvement Program - Roadways Section. April 14, 2009 II I - 17 - CITY COUNCIL WORKSHOP FY 2009-2010 Capital Improvement Program ROADWAYS ITEM # 58678 1:52 P.M. Jason E. Cosby, Director - Public Works, detailed the Roadways portion of the Capital Improvement Program, Types of Projects Funded for FY 2009-10 Roadways Total = $56.3 M Congestion Relief & Capacity Improvement, 56%, $31,547,657 Maintenance Projects I Programs, 23%, $12,938,505 Special Programs I Project, 18% $10,263,284 Safety Improvement Programs, 3%, $1,554,501 . This slide illustratesfour (4) categories of the roadway Capital Improvement Program . Funding for Transportation Projects in the proposed budget totals $56.3M. Maintenance Projects - · 4 Projects 23% · $12.9 M · Special Programs/Projects · 15 projects 18% $10.2M · Congestion Relief & Capacity Improvements · 22 Projects · 56% · $31.5M - See next Slide · Safety Improvement Program · 9 projects · 3.0% · $1.5M April J 4, 2009 II II - 18 - CITY COUNCIL WORKSHOP FY 2009-2010 Capital Improvement Program ROADWAYS ITEM # 58678 (Continued) ~:~~ (OO)congestion Relief & ~apacity Improvement ,,<\;;;~<:; Projects FY 2009-10 Stimulus $10,640,000 Urban, $19,774,657 · FY 2010 Net Increase ofSI4,6-MILLION Stimulus Funding - SlO.6-MILLION (applied to the Witchduck Road Phase I project) · Pavement Maintenance Program - S2-MILLION · Street Reconstruction - S2-MILLION There have been several changes in the FY 2009-10 Capital Improvement Program: . Lynnhaven Parkway Phase IX - (Urban Project) increasedfunding due to increased costs, The City funded $3-MILLION Witchduck Road Phase I - (Urban Project) - schedule advanced due to Stimulus Funding requirements, construction advertisement date June 2009 and construction completion December 2012 Princess Anne Road Phase IV - (Urban Project) increased City funding due to reduction in state funding, The project will remain on schedule going to construction advertisement in January 2010 with the additional City funding, . Nimmo Parkway Phase V-A - (Urban Project) delayed until FY 2013 due to reduced state funding . Laskin Road Gateway Phase 1A - (City Project) funding increased as the project cost went from SI2.5-MILLION to S28.4-MILLION This project has a very aggressive schedule with the start date May 2009 and completion date September 2012. . Seaboard Road Project - (City Project) delayed project to coincide with Nimmo Parkway Phase V-A schedule. Funding delayed due to reductions in Nimmo Parkway funding. Pursuing Stimulus fundingfor Nimmo Parkway, lffunding is received, Seaboard Road and Nimmo Parkway schedules will be advanced. April 14, 2009 "I - 19 - CITY COUNCIL WORKSHOP FY 2009-2010 Capital Improvement Program ROADWAYS ITEM # 58678 (Continued) Concern was expressed re the Seaboard Road project delay Council Lady Henley referenced some of the right-ofway work on Seaboard Road has already been accomplished Grant Funding Received in FY 2010 · Highway Safety Improvement Program (HSIP) Grants · Ten (10) projects totaling S1.66-MILLIOn Proactive Safety Program Grants 4 Projects totaling S1.68-MILLION · Congestion Mitigation Air Quality (CMAQ) Funding · 5 projects totaling S5.0-MILLION Highway Safety Improvement Program Grant Projects · Shore Drive - Kendall Street to Vista Circle · Pacific Avenue - 5th Street to 43rd Street · Virginia Beach Boulevard and Stepney Ln . General Booth Boulevard and London Bridge Road . Virginia Beach Boulevard (First Colonial to Birdneck) · Norfolk Avenue - Pacific Avenue to Ninth Street · Mill Dam Road - (Great Neck to First Colonial) · Lynnhaven Parkway/South Independence Boulevard London Bridge Road/Shipps Corner Road · Dam Neck Road and Galvani Drive These projects are typically Pedestrian Safety Improvements, Sidewalk Improvements Signal Improvements · Minor Intersection Improvements These projects have a three (3)-year restriction on them. They must go to construction within three (3) years of State authorization. Re Kendall Street to Vista Circle, Heather M Ham, Public Works - Engineering, advised a stop light is not included in this project, only a pedestrian signal with flashing lights. Proactive Safety Grant Projects Holland Road & Windsor Oaks Boulevard North Great Neck Road and Lynnhaven Drive · Kempsville Road and Brandon Boulevard · Holland Road and Rosemont Road · These projects are typically Intersection Improvements · These our four (4) intersections where we have safety and congestion issues . These projects also have a three (3)- year restriction on them. They must go to construction within three (3) years of State authorization. April 14, 2009 II I - 20- CITY COUNCIL WORKSHOP FY 2009-2010 Capital Improvement Program ROADWAYS ITEM # 58678 (Continued) Congestion Mitigation Air Quality Funded Projects · Princess Anne Road and Salem Road . General Booth Boulevard and London Bridge Road . South Independence Boulevard and Lynnhaven Parkway . South Independence Boulevard and Dalia Drive Rosemont Road and Lynnhaven Parkway . Indian River Road and Kempsville Road . These projects are typically more involved intersection improvements These are six (6) of our most congested intersections . This is the only program requiring matching City funds, ($750,000) . These projects also have a two (2)-year restriction that they must go to construction within two (2) years of State authorization. Mr. Cosby referenced the Roadway Project Details: Avalon Avenue-Avalon Woods . Roadway sqfety improvements along Avalon Ave from Providence Rd to Normandy Ave · City managed project · Fully funded . Construction scheduled to begin June 2009 · Recently finalized site acquisition . Project includes: piping ditch, sidewalk, minimal pavement widening along east side Total Project Cost = $1.65M . Construction Scheduled to begin June 2009 Completion November 2009 Baker Road Extended . Two lane street from Bulls Bay Drive to west of Holly Farms Drive · City managed Project · Fully funded · Construction scheduled to begin April 2010 · Currently in site acquisition (20% complete) · 6 parcels to acquire · Total Project Cost = $3.2-MILLION · Construction scheduled to begin April 2010 · To be completed in October 2011 April 14, 2009 II I - 21 - CITY COUNCIL WORKSHOP FY 2009-2010 Capital Improvement Program ROADWAYS ITEM # 58678 (Continued) Birdneck Road Phase II . Four-lane highway from Southern Boulevard to General Booth Boulevard · VDOT managed project · Fully funded . Currently in construction, approximately 60% complete . Construction scheduled to be completed April 2011 · Total Project Cost = $49.4M . Approx. $11.4-MILLlON (City), $38-MILLlON (State/Fed) Buckner Boulevard Extended . Two lane street from Buckner Farms subdivision to Holland Road . Cost participation project in conjunction with developer · Fully funded . Construction scheduled to begin June 2009 Currently in design (99% complete) · Total Project Cost = $2.1-MILLlON Constitution Drive Extended . Four-lane roadway from Columbus Street to Bonney Road . Cost participation project with developer who is constructing the project · Fully funded . Construction scheduled to begin June 2009 Currently in site acquisition (75% complete) · Total Project Cost = $9,2-MILLlON Diamond Springs Road Bridge Replacement · Fully funded · Currently under construction, (40% complete) · Construction scheduled to be complete February 2010 Total Project Cost = $4.1-MILLION Elbow Road Extended Phase II Four-lane highway from Dam Neck Road (near the amphitheater) to Indian River Road City managed project · Funded through partial site acquisition · Currently in site acquisition (2% complete) · Total Project Cost = $44.3-MILLlON First Colonial Road! Virginia Beach Boulevard Intersection Improvement · Fully funded · Currently in site acquisition · Construction scheduled to begin July 2012 · Total Project Cost = $16.4-MILLION April 14, 2009 II II , - 22- CITY COUNCIL WORKSHOP FY 2009-2010 Capital Improvement Program ROADWAYS ITEM # 58678 (Continued) Indian Road Phase VII . Four-lane highway from Lynnhaven Parkway to Elbow Road · City managed project · Funded through site acquisition · Currently in site acquisition (3% complete) . Interim safety improvement at the 3-way stop scheduledfor construction in Summer 2009 · Total Project Cost = $16.4-MILLION Laskin Road Gateway - Phase I-A Improvements along Laskin Roadfrom the split to Pacific Avenue and along 32nd Street from Pinewood Drive to Pacific Avenue with a tie in to 31st St · City managed project · Fully Funded · Currently in design · Construction scheduled to begin September 2009 · Total Project Cost = $28.4-MILLION Lesner Bridge Replacement Design fully funded Currently in design (30% complete) · Attempting to secure ARRAfunding to begin construction · $11-MILLION required for utility relocation Lynnhaven Parkway Phase IX Six-lane highway from Holland Road to Lishelle Place · VDOT managed project · Fully funded · Currently in construction, approximately 60% complete · Construction scheduled to be complete Sept 2011 . Total Project Cost = $49-MILLION ($lO,5-MILLIONCity; $38.5-MILLION State/Federal) Major Intersection Improvements Bonney Road/Kentucky Avenue · Fully funded · Design Completed · Construction scheduled to begin February 2010 · Funded with Revenue Sharing Funds 50/50 split with the State Nimmo Parkway Phase V-A · Four-lane roadway from Princess Anne Road to General Booth Boulevard VDOT managed project Funded through site acquisition Acquisition complete Total Project Cost = $61. 7-MILLION Apri/14, 2009 II I - 23 - CITY COUNCIL WORKSHOP FY 2009-2010 Capital Improvement Program ROADWAYS ITEM # 58678 (Continued) Pavement Maintenance Program · This projectfunds the Pavement Maintenance and Management. Plan for FY 2010 includes paving of about 190 lane miles of the City's 3500 lane miles of roads and streets . Recently completed the FY2009 program and finished 145 lane miles of pavement overlay with the funds available . In order to achieve the goals of a Paving Cycle of 15 years, 233 lane miles should be paved annually In FY 2010, the maintenance backlog will continue to grow at a reduced rate. Princess Anne Road/Kempsville Road Intersection Relocate/Reconstruct intersection to 6-lanes · City managed project · Fully funded · Construction scheduled to begin July 2010 · Currently in site acquisition (50% complete) · Total Project Cost = $72-MILLION Princess Anne Road Phase IV . Four-lane parkway from Dam Neck Road to Nimmo Parkway · VDOT managed project · Fully funded · Construction scheduled to begin March 2010 Currently in private utility relocations (50% complete) . Total Project Cost = $52-MILLION ($30-MILLION City; $22-MILLION State/Federal) Rural Roads Improvements Construction of turn lanes. · Princess Anne Road and Gum Bridge Road left turn lane Princess Anne Road turn lanes at Pleasant Ridge Road and West Neck Road · Currently in design . Program receives $100.000 per year, This year, the Rural Roads program received an additional $296,121 infundingfrom the fund balance of the Transition Area Special Revenuefund. Salem Road/Princess Anne Road Intersection Improvement · Fully funded · Currently in site acquisition · Construction scheduled to begin October 2009 · CMAQ Project (Federally Funded) · Total Project Cost = $900, 000 Seaboard Road · Three-lane roadway from Princess Anne Road to Nimmo Parkway · City managed project · Construction start delayed to coincide with Nimmo V-A delay · Total Project Cost = $6.9-MILLION April 14, 2009 II I' - 24- CITY COUNCIL WORKSHOP FY 2009-2010 Capital Improvement Program ROADWAYS ITEM # 58678 (Continued) Shore Drive Phase IV · Marlin Bay Drive/Sandy Oaks Drive to West of Lesner Bridge · Fully funded · Construction scheduled to begin June 2012 · Project cost = approximately $ll-MILLION Street Reconstruction · Provide for the major rehabilitation of one to three streets per year as funding allows Major rehabilitation is required on streets that have reached the end of their service life for which maintenance has been differed and is no longer effective · During FY 2010, a total of 8.41 lane miles are scheduledfor major rehabilitation · Design completed for two (2) segments (Broad Street and Croatan Road) Four (4) Additional segments are being evaluated Wesleyan Drive · Working in conjunction with City of Norfolk · Four-lane roadway from Baker Road to Northampton Boulevard City managed project · Fully funded · Construction scheduled to begin May 2011 Design expected to begin May 2009 · Total Project Cost = $8-MILLION West Neck Road Interim Safety Improvements · Safety improvements in 3 phases · Phase I · Intersection improvements at Indian River Road and West Neck Road · Construction scheduled to begin May 2010 · Phase II · Eliminate roadside ditches and improve drainage between North Landing Road and Signature Drive · Construction scheduled to begin May 2009 · Phase III minor curve realignments between Signature Drive and Indian River Road Witchduck Road Phase I · Six-lane highway from Princess Anne Road to 1-264 · City managed project · Fully funded · Construction scheduled to begin November 2009 · Currently in design (99% complete) · Total Project cost = $27-MILLION April 14, 2009 II I - 25 - CITY COUNCIL WORKSHOP FY 2009-2010 Capital Improvement Program UTILITIES ITEM # 58679 2:20 P.M. Thomas Leahy, Director of Public Utilities, advised the Public Utilities $39-MILLION Capital Improvement Program has been augmented by $ 15-MILLION of Transfers from Retained Earnings, $11- MILLION of which is to cover the mandates and demands of the regional Sanitary Consent Order and $4-MlLLION to provide the utility, water and sewer work involved in the reconstruction of the Laskin Road Gateway. Types of Projects Fundedfor FY 2009-10 Public Utilities $39-MILLION Aging Infrastructure Neighborhood Projects Evaluation and Planning Cost Participation Agreements System Expansion - General Roadway and Stormwater Coordination Operations and Support 64% 51 % Program 0% 4% 0% 2% 25% 5% Funding Highlights for 2010 Increase water transmission capacity serving Courthouse and Sandbridge areas: $3- MILLION* Renewal and Replacement of aging water piping and other facilities throughout the City: $1.3-MILLION Laskin Gateway /31st Street Improvements - Water and Sewer: $4-MILLION Regional Consent Order Compliance related activities, evaluations and surveys: $5- MILLION Sanitary sewer collection system renewal and rehabilitation projects: $12-MILLION Sanitary sewer pumping stations renewal and rehabilitation projects: $7-MILLION *This is not the water tower, but water lines coming down Princess Anne Road from Dam Neck. This will make the needfor the Courthouse Water Tank no longer necessary. Within five (5) years, this tank will be dismantled. There will be a new tank (Nimmo Tank) on Princess Anne Road. Information concerning time of construction will be provided. Changes from Original Biennial 2010 Capital Improvement Program $4-MILLION to be transferred from Public Utilities Retained Earnings for the Laskin Gateway - 31st Street Water and Sewer Improvements $280,000 to be transferred from Delayed Highway Coordination Projects to the Sanitary Sewer Pumping Station Auxiliary Power Program April 14, 2009 II - 26- CITY COUNCIL WORKSHOP FY 2009-2010 Capital Improvement Program UTILITIES ITEM # 58679 (Continued) Major Budget Drive: Department of Public Utilities CIP Pay-As- Y ou-60 Funding and Debt Service Regional Order of Consent - Unfunded Mandate 2009 - 2013: S57-MILLION 2014 and beyond: S200-MILLION+ 240 of the 400 Sanitary Sewer Service Areas exceeded theflow capacity mandates All require Sanitary Sewer Evaluation (SSE) Studies (Clean, CCTV, Log Defects) followed by Find and Fix work) Aging Infrastructure - not as much overlap with the Consent Order as we would have hoped Not a single jurisdiction received any funds from the Federal Stimulus for any sanitary sewer projects. Mr. Leahy displayed photographic examples of pipes: Department of Public Utilities Cleans 130 + miles each year; Roots - Department of Public Utilities treats 25 miles per year; Obstructions, Infiltration and Inflow; Sanitary Sewer Find and Fix "North Mall Drive - "before and after"; Sanitary Sewer Find and Fix "Cleveland Street - before and after" Number of Work Orders Processed 43 Dollars Spent $ 5,707,547 Sanitary Sewer Replaced (Linear Feet) 15,040 Sanitary Sewer Lined 795 Laterals Replaced (average length: 25 Linear 250 feet/lateral) Force Main Revlaced (Linear Feet) 1,950 Avera~e CostlWork Order $132,733.65 AverQJze Cost/Linear Feet of Pi De $ 237.46 Fix-n-Fix Sewer Repair Summary Calendar 2008 Mr, Leahy displayed a chart indicating Long-Term Capital Improvement Program needs encompassing Consent Order Compliance Costs, Water System Reinvestment needs and Sewer system Reinvestment needs. (through Year 2028). Public Side of the Sewer System is not the only Challenge Inflow/Infiltration from private property/private systems appears to be a major wet weather contributor CIP costs do not address private-side issues Regional private-side Inflow/Infiltration abatement policies will be needed April 14, 2009 II - 27 - CITY COUNCIL WORKSHOP FY 2009-2010 Capital Improvement Program UTILITIES ITEM # 58679 (Continued) Strategic Growth Areas AT BEST. existing sewer systems have capacity for existing zoning -however, many service areas do not achieve that standard Aging Infrastructure/Consent Order Rehab provides limited increase in capacity (25% +/-) Increased densities proposedfor the SGA 's will require major capacity improvements (every time) Current Aging Infrastructure/Consent Order cost estimates do not include allowances for significantly increased densities (three to four times)) Silver Lining -Connection fees offset the cost April 14, 2009 II - 28 - CITY COUNCIL WORKSHOP FY 2009-2010 Capital Improvement Program BUILDINGS ITEM # 58680 2:39 P.M. David Hansen, Deputy City Manager, advised funding for the Buildings Capital Improvement Section totals 516.8-MILLION in FY 2009-10. Over 54% ($9.1-MILLION) of this funding is for renovation, rehabilitation and replacement of aging building infrastructure. Renovation and rehabilitation projects involve building interior and exterior systems renovations and replacements for City facilities in general and specifically for fire stations, the Aquarium and historical/heritage buildings. Example replacements of HVAC, carpeting, electrical and plumbing, roofs, parking lot repairs and resurfacing, concrete apron repairs, Types of Projects Funded for FY 2009-10 Buildings $16.8 Million Other, 13.1% Renovation f Rehabilitation, 38.6% E>cpansion, 23.4% Equipment, 7.9% Funding Highlights >- 3.366 - HVAC rehabilitation and renewal 51.3-MILLION >- 3.367 - Building Rehabilitation 53.8-MILLION >- 3.133 - Fire Training Center Improvements 5240,000 >- 3.371- Replacementfire apparatus 51.3-MILLION >- 3.365 - Fire Facility Rehabilitation 5732,000 >- 3.054 Replacement Adoption Friendly Animal Shelter, Animal Control Enforcement and K-9 Unit Facilities - FY09=5973,000IFYlO==52.6-MILLION: 53.6-MILLION >- 3.262 - TCC Expansion/Operation Smile Headquarters infrastructure 51.5-MILLION >- 3.368 - Various Site Acquisition 52-MILLION >- 3.147 - Historic Property Acquisition 5200,000 >- 3.103 -Heritage Maintenance 5150,000 >- 3.278 - Aquarium Renewal & Replacement 5325,000 >- 3.148 -Aquarium Owl Creek Master Plan - 5100,000 >- 3.292 - Aquarium Animal Annex 5125,000 >- 3.359 - Building Modernization 5100,000 April 14, 2009 II I - 29- CITY COUNCIL WORKSHOP FY 2009-2010 Capital Improvement Program BUILDINGS ITEM # 58680 (Continued) Building Infrastructure Maintenance and Repair ~ CIPs 3.366,3.367, & 3.365 ~ Building and HVAC rehabilitation and renewal ~ Elevator Renovations ~ Central Library Windows ~ Concrete & Roof Repairs at Fire/EMS Stations Continues on-going funding $5.2-MILLION for infrastructure maintenance and repair of the City's buildings. Examples of the types of work to be accomplished include: Central Heating Plant Chiller #4 and Cooling Tower replacement and pumps for cooling tower #1, LETA - replace HVAC system, concrete and roof repairs for fire stations, overhead door replacements for selected Fire Stations, Judicial Center Escalator / Elevator replacements, window replacements at the Central Library CIP 3-045 Replacement of the Current Animal Control Facility ~ Design and construct Animal Friendly Adoption Shelter ~ Design and construct K9 office and kennels ~ Design and construct Animal Control Enforcementfacility Mr, Hansen advised the Total Project Budget is $3.59-MILLION Estimated costs: K9- Enforcement Building Animal Shelter $ 777,600 $ 700,000 $ 2,112,400 (partial design) CIP 3.021 Thalia Station Replacement ~ Appropriated budget - $5.5-MILLION ~ 14,000 square/eet with /3 equipment bays ~ Staff: 9 firefighters + EMS ~ Equipment: 1 fire engine, 1 ladder truck, 1 ambulance, 1 ALS zone car ~ Drive-thru bays, bunk rooms, kitchen, offices, decon areas, emergency power, hurricane category 2, ingress/egress, traffic signals ~ LEED Certification ~ Two story ~ Design/Build Landstown Yard Improvements CIP 5-092,6-138 ~ $4-MILLION Rehabilitation of 1974 construction ~ Structural improvements to meet Administrative Directive 3.17 (Cat II Hurricane) ~ Changing workforce (women's facilities) ~ ADA modifications (doors, restrooms, counters) ~ Security improvements (access control) ~ Electrical, mechanical, HVAC andfinish renovations ~ New data/communication system - ComIT ~ Cubicle space for Utility Mechanic Supervisors ~ 77% Rehab; 23% expansion (sf basis) April 14, 2009 - 30 - II CITY COUNCIL WORKSHOP FY 2009-2010 Capital Improvement Program BUILDINGS ITEM # 58680 (Continued) Fundingfor new facilities and equipment was delayed or pushed out into future years to concentrate limited resources on maintaining existingfacilities. FY 2009-10 CIP Changes );0 Delaysfundingfor Fire ladder truckfor Thalia Fire and Rescue Station to FY 2010-11 $1.3- MILLION );0 Provides $325,000 for the Aquarium for exhibit maintenance and $673,016 for Aquarium building systems rehabilitation and replacement );0 Funds new project for historic property acquisition and preservation $200,000 );0 Funds new project for master plan for Aquarium and Owl Creek area $100,000 Energy Peiformance CIP 3-140: Energy Peiformance );0 $10-MILION appropriated by City Council );0 Shared evenly with Virginia Beach Public Schools );0 Joint Energy Committee reviews Energy Efficiency & Conservation Block Grant Program );0 $4-MILLION allocation from state to Virginia Beach );0 Joint Energy Committee review );0 Recommended evenly shared with Virginia Beach Public Schools );0 Small sub-allocation to ATC Energy Peiformance Initiatives );0 Lamp & Ballast retrofitting of Bldg #1 );0 Energy Audits );0 3x Large Rec Centers );0 Judicial Center Bldg #10 );0 Operations Bldg #2 );0 Central Library );0 Human Services Bldg 3400 VB Blvd );0 Air Economizing in Jail >- Modernizing Central Heating Plant pumps >- Install a Summertime boiler );0 Lamps/Ballasts Materials and Labor RFB );0 LED outdoor lighting pilots );0 Monthly/quarterly electrical consumption reports );0 Quarterly fuel consumption reports RECESS: 3:00 p.M. - 3:12 P.M. $ 40,000 $ 65,000 $1.2-MILLION $ 130,000 $ 198,000 $ 262,000 $2.0-MILLION April 14, 2009 1.1 I - 31 - CITY COUNCIL WORKSHOP FY 2009-2010 Capital Improvement Program PARKS and RECREATION ITEM # 58681 3:12 P.M. Cindy Curtis, Director of Parks and Recreation, referenced the types of projects funded for FY 2009-1 0, which equate to $JO,325,175-MILLION Types of Projects Funded for FY 2009-10 Parks and Recreation $10,325,175 Million Other, 6.1 % Renovation I Rehabilitation, 67.8% New FaciHty, 24.2% Replacement, 1.9% Funding Highlights ~ Open Space Site Acquisition - $625,000* ~ Playground Replacements - $480,000 ~ Tennis Court Replacements - $400,000 ~ Community Recreation Center Repairs and Renovations - $4.363 -MILLION ~ Open Space Park Development and Maintenance - $1.9-MILLION ~ Kids Cove Renovations Phase 1- $800,000 ~ Red Wing Park- "Reba McClanan Fragrance Garden" - $50,000 * Includes rt year $125,000 appropriation from $425,000 Virginia Land Conservation Foundation Grant, Depictions of the proposed Acquisition Plan of Lake Lawson and Lake Smith properties were displayed, an example of Playground Replacements (over 60 have been replaced during the past year and Providence Park recently completed. Changes from Original FY 201 0 ~ Community Recreation Center Repairs and Renovationsfunding reduced - $662,053 ~ Parks and Special Use Facilities Development and Renovations reduced - $89,518 ~ Open Space Program Site Acquisition increased by $125,000 (State Grant) ~ Williams Farm Community Recreation Center Design increased $300, 000 ~ New Sportsplex/National Training Center Renewal and Replacement Project $417,573 Depictions of the Williams Farm Community Center and Sportsplex Field House and Mangement Agreement were displayed April 14, 2009 II I - 32 - CITY COUNCIL WORKSHOP FY 2009-2010 Capital Improvement Program COMMUNICATIONS and INFORMATION TECHNOLOGY ITEM # 58682 3:20 P.M. David Hansen, Deputy City Manager, advised the types of projects funded for FY 2009-10 re Communications and Information Technology. Types of Projects Funded for FY 2009-10 Communications & Information Technology $5.3 Million Other, 7.4% Equipment, 6.7% Funding Highlights ~ 3. 086 Emergency Medical Services - Field Reporting Implementation Funds - $450,000 ~ 3.094 Police Telestaff Module Implementation Funds - $540,000 ~ 3.142 Continues Communications and Information Technology Infrastructure Replacement Funding - $2.7-MILLION ~ 3.340 Telecommunications Infrastructure Replacement Funding - $250,000 Changes/rom Original FY 2010 ~ 3.119 Cable Access Funds - Reflect Final Amount Shifted from Special Revenue Fund to CIP - $313,000 ~ 3.052 IT Service Continuity - Additionalfunding augmented by $391,000 ~ 3.280 Human Resources / Payroll System - Phase 2 Implementation - $300,000 ~ 3,124 COPS Interoperable Communications Technology Grant Phase II - No change in total funding; FY09 and FYI0 appropriations shifted to reflect early receipt of matching funds Apri/14, 2009 II I - 33 - CITY COUNCIL WORKSHOP FY 2009-2010 Capital Improvement Program ECONOMIC VITALITY ITEM # 58683 3:36 P.M. Warren D, Harris, Director - Economic Development, presented the Economic Vitality section of the Capital Improvement Program. Funding for the Economic Development and Tourism Capital Improvement Plan section totals $20.9-MILLION Almost 72% of this funding is for the Ocean a and Interfacility Traffic Area Conformity and Acquisition. 28.2% of this funding is for the new Rudee Inlet Walkway and Bike Path from 4th Street at Winston Salem to the Boardwalk. This is a new theme for an old project but on a much smaller scale -for safety purposes; the ongoing Capital Improvement Program improvements associated with the Strategic Growth area plans and the continuation of the Economic Development Investment Program Fund that provides funds for public improvements for new and expanding companies in Virginia Beach. Types of Proj ects Funded for FY 2009-10 Economic Development & Tourism CIP - $20.9 Million Expansion, 71.8% Funding Highlights ~ Fundingfor Oceana and Interfacility Traffic Area Conformity and Acquisition $15,000,000 (Expansion) ~ Rudee Inlet Connector Walk $260,000 (New Facility Construction) ~ Strategic Growth Area program $3,500,000 (New Facility) ~ Economic Development Investment Program $2,078,166 (New Facility) Changesfrom Original FY 2010 Budget ~ Restoresfullfundingfor the Economic Development Investment Programfund ~ Moves $500,000from Operating Budget to the Capital Improvement Budgetfor the Strategic Growth Area. ~ Rudee Inlet Connector Walk $260,000 new facility construction project. Apri/14, 2009 II I - 34 - CITY COUNCIL WORKSHOP FY 2009-2010 Capital Improvement Program STORM WATER ITEM # 58684 3:44 P.M. Jason E. Cosby, Director - Public Works, advised the total Storm Water Capital Improvement Program Section is $11,526,159: Storm Water CIP Section FY 2009- 10 Total Budget $11,526,159 Flood Control, $4,137,500 The Stormwater Capital Improvement Program Section supports three (3) vital program areas: Flood Control, Water Quality and Operations and Maintenance. This figure illustrates the distribution of funds among these programs in the proposed budget, Storm water Program Highlights - Flood Control ~ Rosemont Forest ~ North Beach Drainage improvements ~ Elizabeth River Shores Phase I ~ North Lake Holly Section II ~ South Lake Holly Section III ~ All scheduledfor construction, starting in FY 2010 $ 6.8-MILLION $I9,0-MILLION $ I.D-MILLION $ 5,2-MILLION $ 2.5-MILLION Storm water Project Highlights - Quality Completion of the Lynnhaven River Environmental Restoration Study. Total Study Funding $1,500,000 Comprehensive Stormwater Management Plan - Milldam Creek: $ 200,000 (study) Public Information/Education Program $ 100,000 Lynnhaven River Watershed Restoration: Coordination with Lynnhaven River Now, Bacterial Tracking, elimination and retrofits $ 500,000 April 14, 2009 - 35 - CITY COUNCIL WORKSHOP FY 2009-2010 Capital Improvement Program STORM WATER ITEM # 58684 (Continued) Project Highlights - Maintenance and Repair Storm Water Infrastructure Rehabilitation ~ Princess Ann Plaza neighborhood ~ $3,0-MILLION in FY 2010 ~ Total Project Cost of$5.5-MILLION Kingston Lake ~ Dam/Spillway Maintenance $600,000 ~ Lake Maintenance $400,000 Primary System Maintenance ~ Arctic Avenue 28th Street pipe replacement $400,000 ~ Pleasant Valley Road pipe repair $200,000 Storm Water CIP Section Changesfrom Original FY 2010 Provides funding to North Beach drainage improvements ~ Delays future phase of South Lake Holly (Section II) ~ Defers Thalia Creek Tributary Restoration (Pembroke) project II I April 14, 2009 III - 36 - CITY COUNCIL WORKSHOP FY 2009-2010 Capital Improvement Program COASTAL SECTION ITEM # 58685 3:53 P.M. Jason E. Cosby, Director - Public Works, advised the total Coastal Section Capital Improvement Program Section Budget is $7,690,938: Coastal CIP Section FY 2009- 10 Total Budget $7,690,938 Federal Cost Participation Projects, $5,916,120 Program Highlights ~ Western Branch Lynnhaven River dredging ~ Sandbridge Beach Access improvements ~ Lynnhaven Inlet dredging ~ Rudee Inlet dredging ~ Resort Beach replenishment $4.6-MILLION $250,000 $400,000 $400,000 $5,0-MILLION Changes/rom Original FY 2010 ~ Providesfundingfor Western Branch Lynnhaven River dredging ~ Issues: Beach Replenishment - dependent on receiving Federal p Ron A, Villanueva articipation April 14, 2009 II - 37 - ITEM # 58686 Mayor William D. Sessoms, Jr. 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 Performance of Council Appointees PUBLIC CONTRACT: Discussion of the award of a public contract involving the expenditure of public funds, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A) (30). EDIP Grant LEGAL MATTERS: Consultation with legal counsel and 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). Southeastern Public Service Authority Mid-Eastern Builders, lnc, v. City of Virginia Beach Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 3:58 P.M. April 14, 2009 II I - 38 - ITEM # 58686 (Continued) Voting: 8-0 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R, Jones, Mayor William D, Sessoms, Jr" John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis, William R. "Bill" DeSteph and Ron A. Villanueva, Councilman Villanueva entered the Formal Session - 6:00 P.M (Closed Session: 3:58 P.M. - 5:10 P.M.) (Break: 4:00 P.M. - 4:12 P.M.) 5:00 P.M. - 5:55 P.M.) (Dinner: April 14, 2009 II I - 39 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL Apri/14, 2009 6:00 P.M. Mayor William D, Sessoms, Jr, called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, April 14, 2009, at 6:00 P.M Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Glenn R. Davis [Grandfather's Funeral Service] INVOCATION: Reverend David Howard Pastor, Brook Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act''), it is his practice to thoroughly review each City Council agenda to identify any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a "personal interest ", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record. Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial'') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial, and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. April 14, 2009 II I - 40- 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 Item V-E. April 14, 2009 II I - 41 - Item V-E. CERTIFICATION ITEM # 58687 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Ron A. Villanueva Council Members Absent: Glenn R. Davis Councilman Villanueva ABSTAINED as he was not in attendance during the Closed Session. April 14, 2009 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 #58686, Page 30, and in accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conduded iri conformity with Virginia law. NOW; THEREFORE, BE IT RESOL VED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. ~,? City Clerk April 14, 2009 II I - 42- Item V-F.] ITEM # 58688 Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of March 24, 2009. Voting: 10-0 Council Members Voting Aye: Robert M Dyer, William R, "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis April 14, 2009 II I - 43 - Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM # 58689 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION April 14, 2009 II I - 44- Item V-H.1. PRESENTATIONS VIRGINIA MUSICAL THEATRE ITEM # 58690 Margaret Eure, President - Virginia Musical Theatre Board of Directors, advised it was her pleasure to fulfill a commitment made recently to the City of Virginia Beach by the Virginia Musical Theatre. Several of the Board Members and staff are in attendance to show appreciation to the City Council for their support of the Virginia Musical Theatre. Mrs. Eure introduced Barbara Lewis - Member, Virginia Musical Theatre Board, to make the presentation to City Council. Mrs, Lewis PRESENTED the First Payment of the City of Virginia Beach's Loan in the amount of $15,000.00 April 14, 2009 II I - 45 - Item V-H.2. PRESENTATIONS NATIONAL AGENCY RE-ACCREDITATION AWARD ITEM # 58691 Mayor Sessoms PRESENTED the National Agency Re-Accreditation Award to Cindy Curtis, Director- Parks and Recreation. Cindy Curtis ACCEPTED the Parks and Recreation Re-Accreditation Award on behalf of the entire department. The Department of Parks and Recreation has just been re-accredited for another five (5) years by the National Recreation and Park Association's Commission for Accreditation of Park and Recreation Agencies (CAPRA). Cindy advised this award would not be possible without the Parks and Recreation Commission represented by Nick Anoia, Chair and Staff Member Douglas Cherry, who lead the re-accreditation effort (an 18-monthjourney). The Parks and Recreation Department was evaluated against 155 standards. This Department was one of the few organizations in the United States that met, or exceeded all 155 standards. April 14, 2009 Item 1. 1. PUBLIC HEARING Iii' - 46- ITEM # 58692 Mayor Sessoms DECLARED A PUBLIC HEARING: LEASE OF CITY PROPERTY Beach Events Office Space at 302 22nd Street There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. Apri/l4, 2009 Item 1.2. PUBLIC HEARING - 47- ITEM # 58693 Mayor Sessoms DECLARED A PUBLIC HEARING: LEASE OF CITY PROPERTY Farmer's Market, Spaces 30-33 There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. II Apri/14, 2009 II I - 48- Item L3. PUBLIC HEARING ITEM # 58694 Mayor Sessoms DECLARED A PUBLIC HEARING: SALE OF EXCESS CITY PROPERTY Restrictive Easement - 4337 Country Club Circle (DISTRICT 5 - BA YSIDE) There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. April 14, 2009 II I - 49- Item V-K. ORDINANCES ITEM # 58695 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED in ONE MOTION Items 1, 2a/b, 3, 4a (ALTERNATE VERSION), 4b, 5a-g and 6 of the CONSENT AGENDA. Voting: 10-0 (By Consent) Council Members Voting Aye: William R, "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R, Jones, Mayor William D, Sessoms, Jr" John E. Uhrin, Ron A, Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: Glenn R, Davis Councilman DeSteph voted a VERBAL NAY on K.2,b. (Lease -Integrated Management Group) Councilman Dyer voted a VERBAL NAY on K.4.a" ALTERNATE VERSION (SPSA -Financial Assistance) Councilman DeSteph voted a VERBAL NAY on K 4.a/b (ALTERNATE VERSION (SPSA -Financial Assistance) APPROPRIATION April 14, 2009 II I - 50- Item V-K.1. ORDINANCES ITEM # 58696 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AMEND 92-321 of the City Code re increasing membership of the Social Services Advisory Board from five (5) to seven (7) Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis April 14, 2009 "I 1 AN ORDINANCE TO AMEND CITY CODE S2-321 2 PERTAINING TO THE SOCIAL SERVICES 3 ADVISORY BOARD 4 5 SECTION AMENDED: S2-321 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINA 8 BEACH, VIRGINIA: 9 10 That Section S2-321 of the City Code is hereby amended and reordained to read 11 as follows: 12 13 Sec. 2-321. Creation of social services advisory board; general function; powers 14 and duties. 15 16 (a) There is hereby created a social services advisory board for the city, which shall 17 consist of five (5) seven (7) members appointed by the city council. The director of 18 human services shall be an ex officio member, without any voting privileges. 19 20 (b) The board shall act in an advisory capacity to the director of human services with 21 respect to the duties and functions imposed by title 63.2 of the Code of Virginia. 22 23 (c) The powers and duties of the board shall be as enumerated in section 63.2-305 24 of the Code of Virginia, 25 26 27 Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of 28 April, 2009, II 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 AN ORDINANCE TO AMEND CITY CODE 92-321 PERTAINING TO THE SOCIAL SERVICES ADVISORY BOARD SECTION AMENDED: 92-321 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINA BEACH, VIRGINIA: That Section 92-321 of the City Code is hereby amended and reordained to read as follows: Sec. 2-321. Creation of social services advisory board; general function; powers and duties. (a) There is hereby created a social services advisory board for the city, which shall consist of five (5) seven (7) members appointed by the city council. The director of human services shall be an ex officio member, without any voting privileges. (b) The board shall act in an advisory capacity to the director of human services with respect to the duties and functions imposed by title 63.2 of the Code of Virginia. (c) The powers and duties of the board shall be as enumerated in section 63.2-305 of the Code of Virginia, COMMENT This amendment increases the composition of the Social Services Advisory Board ("SSAB") from five (5) to seven (7) members. The SSAB requested this change during its March meeting. The goal is to receive more community participation and input. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of April, 2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~ City Attorney's OffiCr CA11077 R-1 March 24, 2009 II I - 51 - Item V-K.2.a. ORDINANCES ITEM # 58697 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance re LEASE of City property: a, Chris and Cathie Sale tfa BACK BAY MINING COMPANY re spaces 30-33 at Farmer's Market Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis April 14, 2009 II 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A 1-YEAR LEASE WITH 3 CHRIS AND CATHIE SALE (T/A BACK BAY MINING 4 COMPANY) FOR SPACES #30, 31, 32 AND 33 IN 5 THE VIRGINIA BEACH FARMERS MARKET 6 7 WHEREAS, the City of Virginia Beach (the "City") is the owner of The City of 8 Virginia Beach Farmers Market located at the corner of Princess Anne Road and Dam 9 Neck Road in Virginia Beach, Virginia (the "Farmers Market"); 10 11 WHEREAS, Chris and Cathie Sale (t/a Back Bay Mining Company) ("Back Bay") 12 would like to enter into a formal lease arrangement with the City for Spaces #30, 31, 32 13 and 33 in the Farmers Market (the "Premises"); 14 15 WHEREAS, the Premises will be utilized as a retail establishment selling natural 16 stones and gems, and providing educational and entertainment programs about gem 17 mining, and for no other purpose; 18 19 WHEREAS, Back Bay has agreed to pay the City $434 per month ($5,208 per 20 year) for the use of the Premises for a one-year term; 21 22 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 25 That the City Manager is hereby authorized to execute a lease for a term of one 26 (1) year between Chris and Cathie Sale (t/a Back Bay Mining Company) and the City, 27 for the Premises in accordance with the Summary of Terms attached hereto and made 28 a part hereof, and such other terms, conditions or modifications as may be acceptable 29 to the City Manager and in a form deemed satisfactory by the City Attorney. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day of 32 April ,2009. APPROVED AS TO LEGAL SUFFICIENCY AND FORM APPROVED AS TO CONTENT ~v~ 'Department of griculture CA11004 v :\applications\citylawprod\cycom32\ Wpdocs\D025\P004\00007364 .DOC R-1 March 31 , 2009 II I SUMMARY OF TERMS LEASE FOR SPACES #30, 31, 32 AND 33 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Chris and Cathie Sale (t/a Back Bay Mining Company) PREMISES: Spaces #30, 31, 32 and 33 12 months: May 1, 2009 - April 30, 2010 $434 per month ($5,208 per year) TERM: RENT: RIGHTS AND RESPONSIBILITIES OF LESSEE: . Use leased space for the retail sale of natural gems and stones, and providing educational and entertainment programs about gem mining, and for no other purpose. . Maintain leased space, including heating and air conditioning units and/or heat pump units. . Payment of all assessed fees. . Purchase commercial general liability insurance for the Premises with policy limits of not less than $1,000,000 combined single limits per occurrence. . Keep Premises open from 10:00 a.m. to 5:00 p.m. Tuesday through Saturday during the months of March, April, May, June, July and August. Keep Premises open from 10:00 a.m. to 4:00 p.m. Tuesday through Saturday, and from 12:00 p.m. to 4:00 p.m. on Sunday during the months of September, October, November and December. Lessee will always be closed on Mondays, and Lessee will not be open during the months of January and February. RIGHTS AND RESPONSIBILITIES OF CITY: . Maintain common areas of the Property and structural elements of the Premises. . Provide water and sewer. · Provide electrical service unless Lessee has its own account with Dominion Virginia Power. TERMINATION: . After 8 months, either party may terminate by providing the other party sixty (60) days' notice. II I , . City also has special right to terminate if necessary for any public purpose by giving sixty (60) days' written notice. V :lapplicationslcitylawprodlcycom32\ WpdocslDO 11 IPOOS\000032IS .DOC l' \ J ,J f} '~Z:"; i. - ,4 .'.- t. ...1 f {} /7 ~ 1~1 l :'5 1, r= f ~ f- p... 41 1- i~1 ~ . "'.. ;.:1 f- ~ /, ;1 :,.4. ':-1 l y-' I).. --\ I i Tl \ '1 \ U \ '\ \ / " ~ ~.>>g,. ~I~ LJ ~~ , ~~-,. '-""""~', , I _/ ..... _ _ _ ..,... _ \ , 0 "^ A. II I - 52 - Item V-K.2.b. ORDINANCES ITEM # 58698 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance re LEASE of City property: b, INTEGRATED MANAGEMENT GROUP, LLC re office space for Beach Events at 302 22nd Street ... Voting: 9-1 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D, Sessoms, Jr" John E. Uhrin, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: William R. "Bill" DeSteph Council Members Absent: Glenn R, Davis Apri/14, 2009 II I 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR ONE 3 YEAR WITH INTEGRATED MANAGEMENT GROUP 4 LLC FOR APPROXIMATELY 1,485 SQUARE FEET 5 OF CITY-OWNED PROPERTY LOCATED AT 302 6 22ND STREET 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 9 certain building located at 302 22nd Street, Virginia Beach, Virginia (the 10 "Building"); 11 12 WHEREAS, Integrated Management Group LLC, a Virginia limited liability 13 company ("Integrated Management"), currently occupies 1,485 square feet of 14 office space (the "Premises") on the second floor of the Building for the operation 15 of Beach Events; 16 17 WHEREAS, Integrated Management succeeded LiveNation as the 18 operator of Beach Events; 19 20 WHEREAS, LiveNation previously had a lease with the City for the 21 Premises for the operation of Beach Events; 22 23 WHEREAS, Integrated Management has agreed to pay the City $1.00 per 24 year to operate Beach Events in the Premises and would like to enter into a 25 formal lease arrangement with the City for use of the Premises; 26 27 WHEREAS, the lease would be for a one-year period and would be 28 renewable for up to four (4) additional one-year terms; and 29 30 WHEREAS, the Premises will be utilized as an office for the operation of 31 Beach Events by Integrated Management and for no other purpose; 32 33 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 34 CITY OF VIRGINIA BEACH, VIRGINIA: 35 36 That the City Manager is hereby authorized to execute a lease for the term 37 of one (1) year, with four (4) one-year renewal terms, between Integrated 38 Management Group LLC, a Virginia limited liability company, and the City, for the 39 use of approximately 1,485 square feet of space located on the second floor of 40 the building located at 302 22nd Street in accordance with the Summary of Terms 41 attached hereto and made a part hereof, and such other terms, conditions or 42 modifications as may be acceptable to the City Manager and in a form deemed 43 satisfactory by the City Attorney. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia on the 14th 46 day of April, 2009. III I APPROVED AS TO LEGAL SUFFICIENCY AND FORM APPROVED AS TO CONTENT ~~ City Attorney ~~ C-b. \ \ (X) \ II I SUMMARY OF TERMS Lease with Integrated Management Group LLC (operating as "Beach Events") for 1,485 square feet of office space located at 302 22nd Street, Virginia Beach, VA 23451 LESSOR: City of Virginia Beach LESSEE: Integrated Management Group LLC PREMISES: 1 ,485 s~uare feet of office space located on the second floor of 30222" Street, Virginia Beach, Virginia (GPIN 2427-18-0657) TERM: 12 months: April 1 ,2009 through March 31,2010. Lessee may renew for up to four (4) one-year periods. RENT: $1.00 per year RIGHTS AND RESPONSIBILITIES OF LESSEE: · Use Premises solely for the operation of Beach Events. · Pay for all water, sewage, HV AC and electricity provided to the Premises. · Maintain the Premises (excluding mechanical systems and items of a structural nature). · Procure and maintain public liability insurance with limits of not less than $1,000,000 combined single limits per occurrence. RIGHTS AND RESPONSIBILITIES OF CITY: · Maintain structural portions of, and all mechanical systems serving, the Premises. · Reserves right to enter upon the Premises without notice to Lessee in emergency situations, or upon reasonable prior notice to Lessee in non- emergency situations. TERMINATION: Lessor and Lessee may terminate the Lease for any reason by giving thirty (30) days' written notice to the other party. V :lapplicationslcitylawprodlcycom321 WpdocsID031 IP003100007880.DOC II I - 53 - Item V-K.3. ORDINANCES ITEM # 58699 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to ADOPT the 2009 Annual Housing Choice Voucher Agency Plan (formerly Section 8) and A UTHORIZE the City Manager to execute and submit the Plan to the u.s. Department of Housing and Urban Development (HUD) Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr" John E. Uhrin, Ron A, Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis April 14, 2009 II I 1 AN ORDINANCE TO ADOPT THE 2009 ANNUAL 2 HOUSING CHOICE VOUCHER AGENCY PLAN AND TO 3 AUTHORIZE THE CITY MANAGER TO EXECUTE AND 4 SUBMIT THE PLAN TO THE U.S. DEPARTMENT OF 5 HOUSING AND URBAN DEVELOPMENT 6 7 WHEREAS, the City's Department of Housing and Neighborhood Preservation 8 ("DHNP") operates the federally-funded Housing Choice Voucher program (UHCV 9 program"), formerly known as the Section 8 Program; and 10 11 WHEREAS, the U.S. Department of Housing and Urban Development ("HUD") 12 requires agencies that operate HCV programs to submit (1) a five-year plan; and (2) an 13 annual plan for each fiscal year in which DHNP receives federal funding for its HCV 14 program; and 15 16 WHEREAS, a five-year plan is submitted by DHNP to HUD every five years; and 17 18 WHEREAS, the purpose of the five-year plan is to inform HUD of DHNP's 19 mission, and DHNP's long range goals and objectives for achieving its mission over the 20 subsequent five years; and 21 22 WHEREAS, the purpose of the annual plan is to update HUD on the DHNP's 23 progress in achieving the goals stated in the five-year plan; and 24 25 WHEREAS, DHNP submitted a five-year plan to HUD in 2005; and 26 27 WHEREAS, as required by HUD, DHNP has prepared a 2009 Annual Plan 28 ("Annual Plan"); and 29 30 WHEREAS, the Annual Plan describes the operation of the HCV program, and 31 details the strategies employed in satisfying affordable rental housing needs in the City; 32 and 33 34 WHEREAS, the DHNP is also required by HUD to include a certification in the 35 Annual Plan demonstrating DHNP's compliance with applicable laws, and HUD rules 36 and regulations, in order to continue to operate the HCV program; and 37 38 WHEREAS, an executive summary of the Annual Plan is attached hereto, and a 39 copy of the full Annual Plan is on file with the City Clerk. 40 41 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 42 VIRGINIA BEACH, VIRGINIA: 43 44 DHNP's Annual Plan for the Housing Choice Voucher Program is hereby ratified 45 and adopted, and the City Manager is hereby authorized and directed to execute and 46 submit the Annual Plan to the U.S. Department of Housing and Urban Development. II I 47 48 Adopted by the Council of the City of Virginia Beach, Virginia on the 14th 49 day of April , 2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 6~ A~~?f L " CA11079 R-2 April 2, 2009 "I Executive Summary Housing Choice Voucher Program - 2009 Annual Agency Plan Department of Housing and Neighborhood Preservation The U.S. Department of Housing and Urban Development ("HUD") requires organizations that operate the Housing Choice Voucher program to submit a Five-Year Plan ("Plan"), and an Annual Plan that updates progress on achieving the stated goals in the Five-Year plan. The Plan consists of a mission statement, long term goals and a series of strategies to accomplish those goals. On a yearly basis, an agency is allowed to adjust the goals and/or strategies. For example, DHNP modified the Plan last year to allow for the temporary transfer of families from the Housing Choice Voucher program to a newly created Tenant Based Rental Assistance program. In addition to goals and strategies, the Plan must contain a description of: Eligibility, selection and admissions policies, including deconcentration and wait list procedures Financial resources Rent determination procedures Operations and management Grievance procedures Self-sufficiency programs (FSS) Civil rights certifications Fiscal year audit Housing needs for the area Strategy for meeting housing needs Progress in meeting mission and goals Any significant amendment and substantial deviations or modifications Any plan elements that have been revised since the last Annual Plan certification A listing of the locations where key elements of the Plan can be found Many of the above elements have already been reviewed and adopted by City Council when Council approved an ordinance authorizing the City Manager to submit an Administrative Plan for this program on February 24,2009. The Annual Plan incorporates the Administrative Plan, and provides the additional plan elements and certifications required annually by HUD. The Annual Plan was made available for public review by advertisement on February 21, 2009. A public hearing on the Annual Plan will be held on April 7, 2009. In addition, the Resident Advisory Board of the program, consisting of program participants, reviewed the Annual Plan at a meeting on March 24, 2009. All comments received as a result of these proceedings will be incorporated into the final submittal to HUD. II The approved Annual Plan must be electronically submitted to HUD no later than April 17,2009, which is the required seventy five (75) days before the beginning of the City's fiscal year on July 1, 2010. 2 II I - 54- Item V-K.4.a. ORDINANCES ITEM # 58700 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED .the ALTERNATE VERSION: Ordinance re the Proposed Financial Assistance Plan for the Southeastern Public Service Authority (SPSA) Voting: 8-2 (By Consent) Council Members Voting Aye: Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R, Jones, Mayor William D, Sessoms, Jr" John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: William R. "Bill" DeSteph and Robert M Dyer Council Members Absent: Glenn R. Davis April 14, 2009 I I II ALTERNATE VERSION 1 AN ORDINANCE TO APPROVE THE PROPOSED 2 FINANCIAL ASSISTANCE PLAN FOR THE SOUTHEASTERN 3 PUBLIC SERVICE AUTHORITY (SPSA) 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 (1) That the City Council hereby acknowledges its support of the proposed 7 Financial Assistance Plan for the Southeastern Public Service Authority ("Financial 8 Assistance Plan"), along with the additional understandings set forth in the April 14, 2009 9 Virginia Resource Authority Resolution Approving the Restructuring of Certain Bonds of the 10 Southeastern Public Service Authority of Virginia as Proposed by the Chief Administrative 11 Officers of the Eight Member Jurisdictions and the Terms and Conditions of Such Approval 12 ("Additional Understandings"), both of which are attached to this ordinance. 13 14 (2) The approval of the Financial Assistance Plan and the Additional 15 Understandings is contingent upon (1) the agreement of the other SPSA member localities 16 to fulfill their respective obligations as detailed in the Financial Assistance Plan; and (2) the 17 successful negotiation and execution by SPSA and the City of Virginia Beach by May 15, 18 2009 of a forbearance agreement or other binding agreement evidencing the terms of the 19 forbearance and repayment of all amounts forborne, as referenced in the Financial 20 Assistance Plan. Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day of Apri 1 2009. Approved as to Content: Approved as to Legal Sufficiency: ~t~~ ty anager c~~cey CA11095 R-5 April 7, 2009 II I VIRGINIA RESOURCES AUTHORITY - RESOLUTION- APPROVING THE RESTRUCTURING OF CERT AIN OUTSTANDING BONDS OF THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA AS PROPOSED BY THE CHIEF ADMINISTRATIVE OFFICERS OF THE EIGHT MEMBER JURISDICTIONS AND THE TERMS AND CONDITIONS OF SUCH APPROVAL April 14, 2009 WHEREAS, The Southeastern Public Service Authority of Virginia ("SPSA") was created pursuant to the Virginia Water and Sewer Authorities Act by its member jurisdictions (the "Owner Communities"), which are the Cities of Virginia Beach, Norfolk, Chesapeake, Suffolk, Portsmouth, and Franklin, and the Counties of Southampton and Isle of Wight; and WHEREAS, SPSA is currently indebted to the Virginia Resources Authority ("VRA") in the amount of approximately $129 million on bonds issued for various capital expenditures (the "SPSA Local Bonds"); and WHEREAS, VRA has serious concerns regarding SPSA's ability to remain current on the SPSA Local Bonds in light of SPSA's current financial condition unless measures are taken to address SPSA's financial distress; and WHEREAS, in anticipation of (i) the receipt of a proposal by or on behalf of SPSA to restructure SPSA's outstanding debt, including all or a portion of SPSA Local Bonds, and (ii) the likelihood that any such proposal would require VRA to increase its and the Commonwealth of Virginia's risk exposure by increasing the amount of SPSA debt held by VRA, on February 10, 2009, the Board of Directors of VRA (the "VRA Board") adopted a resolution (the "February 10 Resolution") setting forth the minimum requirements VRA would impose on SPSA and/or the Owner Communities as a condition of such restructuring; and WHEREAS, the Chief Administrative Officers of the Owner Communities have presented to VRA's Executive Director and the Portfolio Risk Management Committee of the VRA Board (the "PRMC") a proposal dated March 16, 2009, and entitled "Financial Assistance Plan for the Southeastern Public Service Authority (SPSA)" (the "CAO Proposal "); and WHEREAS, the CAO Proposal advances a number of measures intended to address SPSA's short- and long-term financial distress, including a proposal for VRA to restructure certain outstanding SPSA debt; and Active_8704187_2_Approving VRA Board Resolution re SPSAOOC WHEREAS, the PRMC considered the CAO Proposal at its meeting on March 27, 2009, and adopted a resolution (the "PRMC Resolution") among other things to recommend that the VRA Board approve the restructuring of certain outstanding bonds of SPSA in accordance with the CAO Proposal with certain additional understandings (the "Additional VRA Understandings"); and WHEREAS, one of the Additional VRA Understandings requires the SPSA Board and the governing body of each Owner Community to adopt a resolution indicating its support of the CAO Proposal with the Additional VRA Understandings prior to this meeting (the "Support Resolution Requirement"); and WHEREAS, the SPSA Board and the governing body of each Owner Community, except for the Cities of Chesapeake and Virginia Beach, have adopted ordinances or resolutions (each a "Support Resolution") purporting to satisfy the Support Resolution Requirement and a copy of each Support Resolution has been presented to this meeting; and WHEREAS, VRA's Executive Director, Bond Counsel and Financial Advisor have advised the VRA Board that Support Resolutions presented to this meeting satisfy the Support Resolution Requirement with respect to the SPSA Board and all of the Owner Communities except for the Cities of Chesapeake and Virginia Beach; and WHEREAS, VRA's Executive Director, Bond Counsel and Financial Advisor have advised that the resolution adopted by the City Council of the City of Chesapeake on April 7, 2009, does not satisfy the Support Resolution Requirement primarily because it does not authorize the general obligation guaranty of the working capital lines of credit to SPSA required under paragraph 5( d) of the PRMC Resolution; and WHEREAS, due to scheduling constraints, the City Council of the City of Virginia Beach has been unable to consider an ordinance to address the Support Resolution Requirement until its meeting to occur on the evening of this date; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE VIRGINIA RESOURCES AUTHORITY, THAT: 1. The VRA Board concurs with the PRMC in finding and determining that VRA's approach to the challenges faced by SPSA and the Owner Communities is consistent with the following guiding principles: (a) Fulfilling VRA's fiduciary responsibility for outstanding debt and the Commonwealth of Virginia's Moral Obligation pledge ("Fulfilling VRA's Fiduciary Responsibility"); and (b) Maintaining a spirit of a willingness to try to help if the Owner Communities desired VRA to do so ("Trying to Help"). -2- II I 2. The VRA Board concurs with the PRMC in finding and determining that VRA's involvement in any SPSA debt restructuring plan should further the following three objectives: (a) Ensuring that SPSA can continue to provide service to the Owner Communities under the existing use and support agreements and remain current on its debt service payments ("Ensuring SPSA Continuity") ; and (b) Providing adequate time to reform the SPSA business model, including time to properly evaluate proposals to change SPSA facility ownership or operations ("Providing Adequate Time for SPSA Reform"); and (c) Providing cash flow relief to Owner Communities by facilitating the establishment of lower tipping fees than SPSA currently has under consideration ("Providing Owner Community Cash Flow Relief'). 3. The VRA Board expresses its gratitude and appreciation for all of the effort that the CAO Proposal represents. 4. The VRA Board concurs with the PRMC in finding and determining that (i) the CAO Proposal would have the effect of increasing the amount of SPSA debt to be held by VRA and (ii) the CAO Proposal provides a reasonable basis for VRA to continue discussions with SPSA and the Owner Communities even though the CAO Proposal would not satisfy in every particular the minimum requirements set forth in the February 10 Resolution. 5. In accordance with the PRMC's recommendation reflected in the PRMC Resolution, the VRA Board approves VRA's participation in a restructuring of outstanding SPSA debt in accordance with the CAO Proposal with the additional understandings set forth in the PRMC Resolution and reproduced below (with the substitution of the words "forbear" and "forborne" for the words "forgo" and "foregone" used in paragraph 5( e) of the PRMC Resolution and the substitution of the phrase "by 12 noon EDT on April I?, 2009," for the phrase "prior to the meeting of the VRA Board on April 14, 2009" used in paragraph 5(g) of the PRMC Resolution): (a) That VRA would purchase up to $72 million in SPSA debt (the "SPSA Restructuring Debt") to defease and restructure a portion of SPSA's outstanding debt with the specific maturities to be restructured determined by VRA in consultation with SPSA and the Owner Communities with the objective of achieving approximately $15.2 million in debt service savings in FY2009 and FY20 10; and (b) That the SPSA Restructuring Debt will be guaranteed on a general obligation basis by Portsmouth, Franklin, Isle of Wight and Suffolk and on a moral obligation basis by Southampton with the share of the SPSA Restructuring Debt to be allocated to each of the five Owner Communities to be as they deem acceptable; and -3- II I . . (c) That the SPSA Restructuring Debt (i) be issued by SPSA as guaranteed subordinate debt (that is, with a disposal system revenue pledge subordinate to the revenue pledge securing SPSA's senior subordinate debt) and (ii) that any obligation of SPSA to repay any of the tlve Owner Communities guaranteeing the SPSA Restructuring Debt for payments under their guarantees be subordinate to the SPSA Restructuring Debt; and (d) That (i) Norfolk and Chesapeake will provide general obligation guarantees of the working capital credit lines to SPSA (currently provided by Wachovia Bank) in an aggregate amount not less than $17.2 million, it being understood that the working capital credit lines and any obligation of SPSA to repay Norfolk and Chesapeake for any payments under the guarantees will be subordinate to the SPSA Restructuring Debt and that Norfolk and Chesapeake will use their guarantees to ensure that these credit lines remain in place for SPSA's benefit, and (ii) that the guaranteed working capital credit lines be in place by May 15, 2009, which is the projected mailing date of the Preliminary Official Statement for VRA's Spring 2009 Virginia Pooled Financing Program issue; and (e) That by May 15, 2009, Virginia Beach will adopt a resolution agreeing to forbear receipt of its rebate due under the Ash Disposal Agreement with SPSA during FY2009 and FY201 0, with SPSA's obligation to repay the amounts forborne to be subordinate to the SPSA Restructuring Debt; and (f) That SPSA will agree to close its senior bond resolution and issue no more debt with a disposal system revenue pledge senior to SPSA's senior subordinate debt; and (g) That each of the governing bodies of the Owner Communities and the SPSA Board will adopt a resolution indicating their support of the CAO Proposal with the additional understandings set forth in this resolution by 12 noon EDT on April!7, 2009; and (h) That all of the governing bodies of the Owner Communities will take the formal actions required to implement their respective guaranties as described in the CAO Proposal and above prior to May 15, 2009; and (i) That the SPSA Board will take all necessary formal actions required to implement the CAO Proposal and above prior to May 15, 2009; and G) That by May 15, 2009, VRA, SPSA and the Owner Communities will cooperate to agree to (i) a reasonable additional bonds test for SPSA, (ii) covenants ensuring that the proceeds of any sale of SPSA assets are equitably applied to all outstanding SPSA debt and that the SPSA assets remaining after any such sale are sufficient to support SPSA operations and provide for the payment -4- II I I , . of debt service on SPSA debt, and (iii) a fund balance policy for SPSA and accompanying timelines to assure the timely accumulation of reasonably-sized operating reserves. 6. The VRA Board concurs with VRA's Executive Director, Bond Counsel and Financial Advisor in finding and determining that the Support Resolutions presented to this meeting constitute satisfaction with the Support Resolution Requirement with respect to the SPSA Board and all of the Owner Communities except for the Cities of Chesapeake and Virginia Beach. If, in the judgment of VRA's Chairman and Executive Director, the City Councils of the Cities of Chesapeake and Virginia Beach have not satisfied the Support Resolution Requirement by 12 noon EDT on April 17, 2009, the approval of the CAO Proposal provided in paragraph 5 above will be null and void and the Executive Director is directed to exclude the SPSA Restructuring Debt from the upcoming issuance and sale of the Spring 2009 Virginia Pooled Financing Program and not to undertake any other financing for the benefit of SPSA until after July 1, 2009. 7. The VRA Board concurs with the PRMC in finding and determining that VRA's participation in a restructuring under the terms set forth in paragraph 5 above is consistent with its guiding principles of Fulfilling VRA's Fiduciary Responsibilities and Trying to Help; and will also further the objectives of Ensuring SPSA Continuity, Providing Adequate Time for SPSA Reform and Providing Owner Community Cash Flow Relief. 8. This resolution shall take effect immediately. -5- II I - 55 - Item V-K.4.b. ORDINANCES ITEM # 58701 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to APPROPRIATE $11,200,000 to Public Works FY 2008-09 Operating Budget re disposal costs Voting: 9-1 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: William R, "Bill" DeSteph Council Members Absent: Glenn R. Davis April 14, 2009 1 AN ORDINANCE TO APPROPRIATE FUNDS TO THE FY 2 2008-09 PUBLIC WORKS OPERATING BUDGET 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 That $11 ,200,000 is hereby appropriated to the FY 2008-09 Public Works Operating 6 Budget to provide additional funding for SPSA disposal costs, with a corresponding 7 increase in General Fund balance reserve for loans to SPSA. Adopted by the Council of the City of Virginia Beach, Virginia on the 14t-h day of April 2009. Requires an affirmative vote by a majority of all members of the City Council. Approved as to Content: Approved as to Legal Sufficiency: 2~Q- ;::e~ ~ City Attorney's Office CA11093 R-2 April 6, 2009 I i I II I I - 56 - Item V-K.5.a--g ORDINANCES ITEM # 58702 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinances to ACCEPT, APPROPRIATE and/or TRANSFER funds re FY 2008-09 Budgets: $425,000 Grantfrom the Virginia Land Conservation Foundation to Parks and Recreation re one-half of the May 2007 purchase of land adjacent to the Adam Thoroughgood House $750 donation from the Farm Bureau to Agriculture re controlled agricultural burn signs and stickers to identify legitimate "farm use" vehicles $194,424 to the General Registrar re Primary Elections on June 9,2009 $375,000 to Finance to meet STOP Program contractual obligations with the Division of Motor Vehicles (DMV) $17,500 Grantfrom FEMA to Fire re reimbursementfor 2009 Presidential Inauguration $183,963 within Human Resources and Communications and Information Technology (COMIT) re Payroll (InSITE) system $738,228 Grantfrom Homeland Security re purchase of Electrocardiogram monitors and a driving simulator; TRANSFER $184,557 as matchingfunds within the Fire Department Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr" John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis April 14, 2009 II I I; I 1 AN ORDINANCE TO AUTHORIZE THE CITY 2 MANAGER TO EXECUTE A GRANT AGREEMENT 3 WITH THE COMMONWEALTH FOR A 2.5 ACRE SITE 4 ADJACENT TO THE ADAM THOROUGHGOOD 5 HOUSE, AND TO ACCEPT AND APPROPRIATE 6 GRANT FUNDS TO CIP # 4-070 7 8 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 12 (1) The City Manager, or his designee, is hereby authorized to execute a grant 13 agreement and deed of easement with the Commonwealth of Virginia for a 2.5 acre site 14 adjacent to the Adam Thoroughgood House; and 15 16 (2) That $91,305 in State revenue is hereby accepted, with State revenues 17 increased accordingly, and appropriated to CIP # 4-070, Open Space Site Acquisition - 18 Phase II. Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day of April ,2009. Requires a three-fourths supermajority vote by all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: b \' Management Services ~~~~~ Ity A orney's Ice CA11070 R-3 March 25, 2009 II Sponsoring Agency: Project Number: Project Title: Project Period: Project Scope: Total Project Cost: Grant Amount: II I THE VIRGINIA LAND CONSERVATION FOUNDATION GRANT PROGRAM PROJECT AGREEMENT (ACQUISITION) City of Virginia Beach VLCF - 06 (09) Adam Thoroughgood House National Historic Landmark addition Two Years from Execution of Grant Agreement Acquisition of2.5 +/- acres located in the City of Virginia Beach $ 850,000.00 $ 425,000,00 VLCF funds The Virginia Land Conservation Foundation (VLCF) and the Sponsoring Agency named herein mutually agree to perform this agreement in accordance with the Virginia Land Conservation Foundation Act, Virginia Code S 1 0.1-1 0 17 through S 1 0.1-1 026, the provisions and conditions of the VLCF Grant Manual dated November 29,2007, with the terms, promises, conditions, plans, specifications, estimates, procedures, project proposals, maps and assurances attached hereto or obtained by the state and listed below. The sponsoring agency hereby agrees to provide the following documents as requirements for grant disbursement: 1. A survey plat, preferably in digital form, showing the metes and bounds of property. 2. A Phase I Environmental Site Assessment satisfactory to VLCF, showing no major or significant environmental problems on the site, 3. Evidence of title - title report showing clear ownership and title to property, 4, An appraisal of the property by a certified appraiser that meets USP AP standards and that was done within six months of the property acquisition. 5, A copy of the draft deed, the form of which has been approved by VLCF, This may be either a deed of sale or a deed of easement. · The property must be dedicated in perpetuity as open-space land under the Open-Space Land Act (Virginia Code SS 10.1-1700 to 10.1-1705), specifying one or more of the purposes described in the Virginia Land Conservation Fund Act, S 10.]-1020 of the Code of Virginia. 6. Verification of eligible expenditures including: copies of invoices, bills of sale, cancelled checks (both sides), etc. These documents must be in hand and approved before grant payments will be made. . The following special project terms and conditions are agreed to by the parties hereto: The property must be acquired by deed, the form of which has been approved by VLCF prior to recordation. A copy of the recorded deed showing the ]ocality, deed book, and page of recordation must be provided to VLCF no later than one month after the date of recording. VLCF grant funds for fee simple acquisition projects shall not exceed 50 percent of appraised value, not to exceed the total grant amount of $425,000,00. If the value of another piece of property is used as any part of the match for the grant, that piece of property must meet the same requirements as identified in ] through 6 above. . . . I , II , · If the property is ever sold, VLCF will be reimbursed. The reimbursement will be equal to the original amount or the grant award's percentage ofthe original purchase price, whichever is greater. · The Executive Secretary of VLCF reserves the right to seek independent appraisal reviews on all appraisals prior to grant payment. · The Sponsoring Agency agrees to hold the Commonwealth of Virginia harmless from all legal liability under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), as amended, 42 United States Code 9S 9601 et seq. · The property will be made accessible to Commonwealth of Virginia staff for site inspection for compliance with the terms of the Virginia Land Conservation Fund Program, · Progress reports will be submitted two times a year on status of grant implementation, with the first report due six months after execution of the grant agreement. · Applicant agrees to post at least one informational sign in a prominently visible position at the project site, to provide notice that preservation of the property was made possible, in part, by VLCF; this sign will be provided by VLCF. · The parties understand that VLCF funding may be subject to rescission by the General Assembly. In such a case, VLCF reserves the authority to cancel this agreement. Grant-award winners should contact DCR several months ahead of the desired closing date to ensure that the Department will have sufficient revenue available for reimbursement costs. Reimbursement will not proceed until DCR receives sufficient appropriations for the project. In witness whereof, the parties hereto have executed this agreement as of the dates entered below. The Virginia Land Conservation Foundation Commonwealth of Virginia By Joseph H. Maroon Executive Secretary Date City of Virginia Beach Name of Sponsor/Grantee: By Date [Signature] Please print name here: Title VLCF 06 (09) Page 2 t' Q) 0.. o ......t- O--c- Q)<t C/)-C- .- \ 'iO~ O-ch 1cJ) c:<t O-c- .en ~ c: c (0'- ~Or uJt9 -Sa> .- U (/)\.000 .- Q)O C/)..o ::) ::) 0- :cO -g~ o c 0)::) ~8 ::) ~ en o a> s:;\.ooo r-~ E~ (0", 1 90> '> ~.~ ~C 0(1) (I)~ ~s::. '> C fu'c co 3' .'.;1 ,~ ~ " .' ... f,.., 'r..- il.;."i! ~, t~ ~\':~.; J fI' '1.'"', ;,." -0 C0 00> g~ g, ~ <S C'oI .g : -B,O t5 ~ 0 ? 0>'- ('j .~ -z.. ..,r, E 2 rJl 8 to ?r E ('jo~~~QO -os:.--r-O-~4:.~ 4:.1-..... 1 AN ORDINANCE TO ACCEPT A DONATION FROM THE 2 VIRGINIA BEACH FARM BUREAU AND APPROPRIATE 3 FUNDS TO THE FY 2008-09 OPERATING BUDGET OF THE 4 DEPARTMENT OF AGRICULTURE 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 A donation of $750 is hereby accepted and appropriated to the FY 2008-09 8 Department of Agriculture Operating Budget from the Virginia Beach Farm Bureau to be 9 used by the Virginia Beach Department of Agriculture for the Agriculture Burn Sign 10 Program and the Farm Use Tag Vehicle Identification Program, with estimated revenues 11 increased accordingly. Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day of ~pri 1 2009. Requires an affirmative vote by a majority of all members of the City Council. Approved as to Content: Approved as to Legal Sufficiency: D~(}. cR~rnce-- Management Services CA11078 R-2 April 1, 2009 I. I II 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TRANSFERRING FUNDS FROM THE FY 2008-09 GENERAL FUND RESERVE FOR CONTINGENCIES TO THE FY 2008-09 OPERATING BUDGET OF THE GENERAL REGISTRAR BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $194,424 is hereby transferred from the FY 2008-09 General Fund Reserve for Contingencies to the FY 2008-09 Operating Budget of the General Registrar to fund the June 2009 primary elections. Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day of April, 2009. Approved as to Content: Approved as to Legal Sufficiency: 8~Q Management Services v~ City Atto ne s Office CA11083 R-2 April 1, 2009 II City of Virgi:rl..ia Beach VBgov.com EDITH M. HARRINGTON VOTER REGISTRAR PO BOX 6247 VIRGINIA BEACH. VIRGINIA 23456.0247 (757) 385-8683 FAX (757) 385.5632 TOO 711 www.vbgovcom/voter March 27, 2009 The Honorable William D. Sessoms, Jr. and Members of City Council City Hall Building #1 Municipal Center Virginia Beach, Virginia 23456 Dear Mayor and Council Members, On your agenda for April 14, 2009, is an ordinance to fund the June 9, 2009 Democratic and Republican Party Primary Elections that have been ordered in accordance with ~~ 24.2-516, 24.2-517, and 24.2-518. Typically the fiscal year budget for the Voter Registrar's Office does not include funding for a primary election. Therefore, we are requesting additional monies to cover these expenses. Thank you for your continued support. Please contact me at 385-8683 or pharring@vbgov.com if I can offer additional information or assistance. Sincerely, Edith M. "Pat" Harrington V oter Registrar I, II I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds to the FY 2008-09 Department of Finance Operating Budget to Meet STOP Program Contractual Obligations MEETING DATE: April 14, 2009 . Background: The City has a contractual agreement with the Division of Motor Vehicles (DMV) to collect the local vehicle registration fee. In addition, to aid in the collection of local personal property taxes, if an applicant is delinquent, DMV will refuse the renewal of the delinquent applicant's state and local vehicle registration. This program is referred to as the "STOP" program. DMV imposes an administrative fee to operate and enforce the program. The City incurs the cost and charges the administrative fee back to the taxpayer along with payment of the delinquent taxes. The STOP fee is a budget neutral arrangement. Actual revenues collected by the City match the STOP expenditures to the State. To date, for FY 2008-09, 34,028 individual STOPS have been placed, and $2,072,051 of delinquent personal property taxes have been collected, . Considerations: After the FY 2008-09 Budget was adopted, DMV initiated a new contract and raised the administrative fee from $5 to $20. The original STOP program was based on a $5 fee. With the increase in this fee, the STOP revenues and expenditures are considerably higher than the budgeted amount. While the Treasurer administers the contract and is responsible for delinquent collections, the expenditures (remittance of fees collected) are reflected in the General Fund's budget. The higher STOP fee requires an increased appropriation. . Public Information: Public information will be coordinated through the traditional Council agenda process. . Recommendation: It is recommended City Council appropriate $375,000 to the Department of Finance. . Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Finance~ City Manager:~ l, ~lSY"( I I II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE TO APPROPRIATE FUNDS TO THE FY 2008-09 DEPARTMENT OF FINANCE OPERATING BUDGET TO MEET STOP PROGRAM CONTRACTUAL OBLIGATIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $375,000 of STOP revenue is hereby appropriated to the FY 2008-09 Department of Finance Operating Budget with local revenues increased accordingly, Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of April ,2009. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1)~c.~ Management Services ~;.;- CA11080 R-3 April 3, 2009 II I 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 REIMBURSEMENT FUNDS TO THE FY 2008-09 3 OPERATING BUDGET OF THE FIRE DEPARTMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 $17,500 is hereby accepted from the U.S. Department of Homeland Security, 9 Federal Emergency Management Agency, with estimated revenues increased 10 accordingly, and appropriated to the FY 2008-09 Operating Budget of the Fire 11 Department for costs related to the deployment of an individual from the VA-TF2 12 Team's Red Incident Support Team for the 2009 Presidential Inauguration, Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day of April , 2009. Requires an affirmative vote by a majority of all members of the City Council. Approved as to Content: Approved as to Legal Sufficiency: ~~N~S~ 1J;f~c-- City Attorney's Office CA11081 R-2 April 1, 2009 II I I, 1 AN ORDINANCE TRANSFERRING FUNDS WITHIN 2 THE FY 2008-09 OPERATING BUDGETS OF THE 3 DEPARTMENT OF HUMAN RESOURCES AND THE 4 DEPARTMENT OF COMMUNICATIONS AND 5 INFORMATION TECHNOLOGY 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $183,963 is hereby transferred within the FY 2008-09 Operating Budgets of 11 the Department of Human Resources and the Department of Communications and 12 Information Technology to fund additional reporting requirements and software usage 13 for the HR Payroll (InSITE) system. 14 15 Adopted by the Council of the City of Virginia Beach, Virginia on the _ 14th day 16 of April ,2009, Approved as to Content: Approved as to Legal Sufficiency: 1?J r~~Q ~ Management Services Dd~ ___ City Attorney's ~ce CA11088 R-2 April 1, 2009 II I 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS TO THE FY 2008-09 OPERATING 3 BUDGET OF THE FIRE DEPARTMENT AND TO 4 TRANSFER FUNDS FOR A REQUIRED LOCAL 5 MATCH 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 1) $738,228 is hereby accepted from the U,S. Department of Homeland 11 Security, Federal Emergency Management Agency for a 2008 Assistance to 12 Firefighters Grant, and appropriated to the FY 2008-09 Fire Department 13 Operating Budget for the purchase of Electrocardiogram monitors and a 14 driving simulator, with estimated revenues increased accordingly. 15 16 2) $184,557 is hereby transferred within the Fire Department's FY 2008-09 17 Operating Budget, from State Fire Programs Grant to Assistance to 18 Firefighters Grant, as the local grant match for this new grant. Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day of April , 2009. Requires an affirmative vote by a majority of all members of the City Council. Approved as to Content: D~o Approved as to Legal Sufficiency: Management Services ~ ~(1ff - ity ttorney's ice CA11082 R-3 April 2, 2009 I, II I - 57 - Item V-K.6. ORDINANCES ITEM # 58703 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to REIMBURSE legal fees incurred by an Animal Control Officer in defending a criminal charge resulting from the performance of her duties which case was dismissed Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis April 14, 2009 II I 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 35 36 37 38 39 AN ORDINANCE AUTHORIZING THE REIMBURSEMENT OF LEGAL FEES AND EXPENSES INCURRED BY AN ANIMAL CONTROL OFFICER IN DEFENDING A CRIMINAL CHARGE THAT RESULTED FROM THE PERFORMANCE OF HER DUTIES WHEREAS, a Virginia Beach animal control officer was charged with assault and battery for actions resulting from the performance of her official duties; WHEREAS, at a trial held in the Virginia Beach Juvenile and Domestic Relations District Court, the charge against the officer was disposed of by dismissal; WHEREAS, in the defense of said charge, the officer incurred legal fees and expenses in the amount of $2,831.40 and has requested the City to reimburse her for such fees and expenses; WHEREAS, Section 15.2-1171 of the Code of Virginia provides that "(i)f any law- enforcement officer shall be investigated, arrested or indicted or otherwise prosecuted on any criminal charge arising out of any act committed in the discharge of his official duties, and no charges are brought, the charge is subsequently dismissed or upon trial he is found not guilty, the governing body of the jurisdiction wherein he is appointed may reimburse such officer for reasonable legal fees and expenses incurred by him in defense of such investigation or charge"; WHEREAS, the City Attorney's Office has reviewed the circumstances of this case, assessed the itemized bill submitted by the officer's legal counsel, and determined that the legal fees and expenses incurred by the officer are reasonable. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Police Department is hereby authorized to expend funds in the amount of $2,831.40 from the FY 2008-09 Operating Budget of the Police Department for the purpose of reimbursing an animal control officer for legal fees and expenses incurred by her in her defense of a criminal charge brought against her that resulted from the performance of her official duties. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of ApT; 1 , 2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~x~ -- l (,_ City A ey's ffic ------ !)T /1? 'fi "':::tI.. :;t. Police Department CA11071 / R-1 / March 31, 2009 I I Item V-L. PLANNING 1. BRADLEY CAPPS 2. DA VID C LANDIN - 58 - ITEM # 58704 3. MICHAEL MEGGE and LYNNETTE HUME 4. OLD BEACH FARMER'S MARKET 5. CASEY WELSH 6. BARRY D. AND PAUL W. KNIGHT a. Private Heliport b. Private Helistop 7. SEVEN CITIES ELECTRIC, INC 8. GATEWAY ENTERPRISES, LLC 9. JOSEPH W. FREEMAN, JR. II I NONCONFORMING USE NONCONFORMING USE VARIANCE CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING CONDITIONAL CHANGE OF ZONING STREET CLOSURE/ EXTEND DATE OF SATISFYING CONDIITIONS (APPROVED October 23, 2007, Time Extension granted October 14, 2008) April 14, 2009 II I - 59 - Item V-L. PLANNING ITEM # 58705 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED in ONE MOTION Items 1, 2, 3 (REVISED CONDITIONS) 5. 6a1b, 7 (DEFERRED INDEFINITELY), 8 and 9 of the PLANNING BY CONSENT AGENDA. Item L.3. (MICHAEL MEGGE and LYNETE HUME) shall be APPROVED, BY CONSENT, with REVISED CONDITIONS) Item L. 7. (SEVEN CITIES ELECTRIC, INC) was INDEFINITELY DEFERRED, BY CONSENT Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis Councilman DeSteph shall vote a VERBAL NAY on Item 5 (CASEY WELSH) Mayor Sessoms shall ABSTAIN on Item L.6 (BARRY D. and PAULA W. KNIGHT) as this involves financial services with TowneBank. Mayor Sessoms is President of TowneBank Mayor Sessoms shall ABSTAIN on Item L.8. (GATEWAY ENTERPRISES, LLC) as this involves financial services with TowneBank. Mayor Sessoms is President of Towne Bank April 14, 2009 II II I - 60- Item V-Ll. PLANNING ITEM # 58706 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED the application of BRADLEY CAPPS, re a bedroom-bathroom one-story addition at 316 16th Street- RESOLUTION UPON APPLICATION OF BRADLEY CAPPS, AUTHORIZING THE EXPANSION OF A NONCONFORMING STRUCTURE,31616THSTREET Resolution upon application of BRADLEY CAPPS, authorizing the Expansion of a Nonconforming Structure, 316 16th Street. (GPIN 24271624780000). DISTRICT 6 - BEACH The following conditions shall be required: 1. The proposed addition shall be constructed substantially in accordance with the submitted physical survey entitled "Lot 16, Block 20, Virginia Beach Development Co., Plat 2 ", dated October 29, 2008, and prepared by John E. Sirine and Associates, Ltd Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed addition shall be constructed substantially in accordance with the submitted building elevations entitled "A Master Suite Addition to the residence of Brad and Ginger Capps, 316 16th Street, Virginia Beach, Virginia ", dated January 2009, and prepared by Richard L. Grimstead, Architect. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. Proposed building materials shall match the existing building materials. Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis April 14, 2009 1 A RESOLUTION AUTHORIZING THE 2 ENLARGEMENT OF A NONCONFORMING 3 USE ON PROPERTY LOCATED AT 316 16th 4 STREET 5 6 WHEREAS, Bradley Capps (hereinafter the "Applicant") has made application to 7 the City Council for authorization to enlarge a nonconforming use by makin~ additions 8 to the duplex dwelling on a lot or parcel of land having the address of 316 16 Street, in 9 the A-12 Apartment Zoning District; 10 11 WHEREAS, the said use is nonconforming, as the parcel contains a duplex and 12 a garage apartment, three dwelling units, constructed prior to the adoption of the Zoning 13 Ordinance. The current ordinance prohibits more than two dwelling units on a single 14 parcel in the A-12 Apartment Zoning District; and 15 16 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 17 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 18 City Council authorizing such action upon a finding that the proposed use, as enlarged, 19 will be equally appropriate or more appropriate to the zoning district than is the existing 20 use; 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the City Council hereby finds that the proposed use, as enlarged, will be 26 equally appropriate to the district as is the existing use. 27 28 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 29 BEACH, VIRGINIA: 30 31 That the enlargement of the nonconforming use is hereby authorized, upon the 32 following conditions: 33 34 1. The proposed addition shall be constructed substantially in accordance 35 with the submitted physical survey entitled "Lot 16, Block 20, Virginia 36 Beach Development Co., Plat 2", dated October 29,2008, and prepared 37 by John E. Sirine and Associates, Ltd. Said plan has been exhibited to the 38 Virginia Beach City Council and is on file in the Planning Department. 39 40 2. The proposed addition shall be constructed substantially in accordance 41 with the submitted building elevations entitled "A Master Suite Addition to 42 the residence of Brad & Ginger Capps, 316 16th Street, Virginia Beach, 43 Virginia", dated January 2009 and prepared by Richard L. Grimstead, 44 Architect. Said plan has been exhibited to the Virginia Beach City Council 45 and is on file in the Planning Department. Proposed building materials 46 shall match the existing building materials. II I 47 48 49 of Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day April ,2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: !JJJ6L j!l;!/~ City Attorney's Office CA 11087 R-2 March 31, 2009 II I - 61 - Item V-L.2. PLANNING ITEM # 58707 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED the application of DA VID C LANDIN, for an Exvansion of a Nonconforming Use re a porch and patio enclosure at 6202 Oceanfront Avenue re a porch and patio enclosure at 6202 Oceanfront Avenue. RESOLUTION UPON APPLICATION OF DAVID C. LANDIN AUTHORIZING AN EXPANSION OF A NONCONFORMATING USE RE A PORCH AND PATIO ENCLOSURE AT 6202 OCEANFRONT A VENUE Resolution upon application of DA VID C. LANDIN for an Expansion of a Nonconforming Use re a porch and patio enclosure at 6202 Oceanfront Avenue (GPIN 2419729589). DISTRICT 5 - LYNNHA VEN The following conditions shall be required: 1. The alterations to the single-family dwelling shall substantially adhere to the submitted architectural sheet not titled depicting a partial plan labeled First Floor and three building elevations labeled Beach Elevation, South Elevation and North Elevation. 2. The alterations may not extend beyond the footprint shown on the floor plan. Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis April 14, 2009 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 II I A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A NONCONFORMING STRUCTURE ON PROPERTY LOCATED AT 6202 OCEAN FRONT AVENUE WHEREAS, David C. Landin (hereinafter the "Applicant") has made application to the City Council for authorization to enlarge a nonconforming structure by making additions to a single-family dwelling that is nonconforming as to setbacks on a lot or parcel of land having the address of 6202 Ocean Front Avenue, in the R-5R Residential Zoning District; WHEREAS, the said structure is nonconforming, as the dwelling does not meet the setback requirements for the R-5R Residential Zoning District and was constructed prior to the adoption of Zoning Ordinance; and WHEREAS, pursuant to Section 105 of the city Zoning Ordinance, the enlargement of a nonconforming structure is unlawful in the absence of a resolution of the City Council authorizing such action upon a finding that the proposed structure, as enlarged, will be equally appropriate or more appropriate to the zoning district than is the existing structure; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby finds that the proposed structure, as enlarged, will be equally appropriate to the district as is the existing structure. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the enlargement of the nonconforming structure is hereby authorized, upon the following conditions: 1. The alterations to the single-family dwelling shall substantially adhere to the submitted architectural sheet not titled depicting a partial plan labeled First Floor and three building elevations labeled Beach Elevation, South Elevation, and North Elevation. 2. The alterations may not extend beyond the footprint shown on the floor plan. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of April , 2009. APPROVED AS TO CONTENT: CA11086 R-2 March 31, 2009 , I NCY: II - 62- Item V-L3. PLANNING ITEM # 58708 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED the application of MICHAEL MEGGE and LYNNETTE HUME for a Variance to J4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO), with REVISED Conditions: APPLICATION OF MICHAEL MEGGE & LYNNETTE HUME, FOR A VARIANCE TO J4.4(b) OF THE SUBDIVISION ORDINANCE, RE LOT WIDTH AT 2032 HACKBERRY ROAD. Application of MICHAEL MEGGE and LYNNETTE HUME for a Variance to J4.4(b) of the Subdivision Ordinance re lot width at 3032 Hackberry Road: (GPIN1499680186) DISTRICT 5 - LYNNA VEN The following conditions shall be required: 1. When the property is subdivided, it shall be subdivided in substantial conformance with the plan entitled, "Subdivision of Lot 13, " prepared by WPL, Landscape Architecture, Land Surveying, Civil Engineering, dated December 16, 2008, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. When the existing heblse en the site is dcme!ishcd, the applic(Nlt shall meet with t.lze adjeining preperty ewncrs Ie determine a style ef six feet high prhYilC)' fence acceptah!c t8 the s8M ellWCf'S, SbtCh fi:nce shell be installed aleng the peper!}' fine between the sNhject site Bnd the f1fijacent pmpel'tyewners. S8M fence sh&!! be insta!!-ed within 15 days after the demelitien ef the hause. The applicant shall install a six-foot high vinvl privacv fence along the propertv line between the subiect site and the adiacent property owners. Said fence shall be installed prior to construction of a house on the site. 3. Prior to obtaining a building permit for a house on either of the two proposed lots, the developer shall meet with the adjacent property owners and the owners of the properties on the western side of Hackberry Streetfor the purpose of reviewing the plans for the house and site. April 14, 2009 II I - 63 - Item V-L3. PLANNING ITEM # 58708 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis April 14. 2009 II I - 64- Item V-L4. PLANNING ITEM # 58709 Lawrence W Kliewer, Jr., applicant, expressed appreciation to the City Council and the Staff. This has been a wonderful success story, not only for the citizens, but also a great example of the various Departments of the City working with the private citizenry to produce this concept. Old Beach Farmer's Market commenced approximately one year ago. By July Fourth, between 8:00 A.M and 12:00 NOON, on Saturday morning, 400 individuals were going through the Market of nine (9) vendors. This year, this Farmers Market location will be open Memorial Day weekend with twenty-two (22) vendors. Upon motion by Councilman Uhrin, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of OLD BEACH FARMER'S MARKETfor a Conditional Use Permit re an indoor Farmer's Market: ORDINANCE UPON APPLICATION OF OLD BEACH FARMERS MARKET, FOR A CONDITIONAL USE PERMIT, RE AN OUTDOOR FARMERS' MARKET, 620 19TH STREET R040935332 BE IT HEREBY ORDINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of OLD BEACH FARMERS MARKET, for a Conditional Use Permit. re an outdoor Farmers' Market, 620 19th Street (GPIN: 2417973134) DISTRICT 6 - BEACH The following conditions shall be required: 1. The aCtivities of the Farmers' Market shall occur in the area of the parking lot on the eastern side of the main building. 2. Operation of the market shall occur only once per week, on Saturday, between dawn and dusk, during the period between the traditional Memorial Day weekend and the Third Saturday in December. 3. Trash and recycling receptacles shall be located at the entrances to the Market. The site shall be cleared of trash and all receptacles shall be removed and contents properly disposed of att the conclusion of each market day, 4. Parkingfor the Market shall occur in the parking area on the South side of the main building and within the parking lots of Wave Riding Vehicles and Wareing's Gym, as allowed by agreement between the applicant and those property owners. 5. The Market shall not sell craft items or any other 'hard good' type of item. The market shall be only for the sale of agricultural, seafood and related food products. 6. The Zoning Administrator shall review this Use Permit on an annual basis to determine if there have been any issues during the prior season of operation that negatively impact the compatibility of the use with the surrounding area to the extent that a re-evaluation of the Use Permit is necessary. If so, the Use Permit shall be re-evaluated by the Planning Department Staff, who shall recommend appropriate action to the Planning Commission and City Council. April 14, 2009 II I - 65 - Item V-L4. PLANNING ITEM # 58709 (Continued) This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia. on the Fourteenth of April, Two Thousand Nine Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis April 14, 2009 II I - 66- Item V-L5. PLANNING ITEM # 58710 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of CASEY WELSH for a Conditional Use Permit re a firewood preparation at 3445 West Neck Road: ORDINANCE UPON APPLICATION OF CASEY WELSH FOR A CONDITIONAL USE PERMIT, RE FIREWOOD PREPARATION FACILITY, 3445 WEST NECK ROAD R040935333 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CASEY WELSH for a Conditional Use Permit, re A firewood preparation facility, at 3445 West Neck Road (GPIlV: 2402173382) DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1. The hours of operation shall be Monday through Friday, 8:00 A.M until 5:00 P.M 2. There shall be no commercial deliveries to this site. The only deliveries to and from the site shall be via the applicant's truck. 3. The rear' half of the site shall be utilized for the firewood preparation operation. 4. There shall be a one (1) year administrative review of the use from the date of approval by City Council. 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 Fourteenth of April, Two Thousand Nine Voting: 9-1 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: William R. "Bill" DeSteph Council Members Absent: Glenn R. Davis April 14, 2009 III I - 67- Item V-L6. PLANNING ITEM # 58711 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED Ordinances upon application of BARR Y D. and PAULA W. KNIGHT re Conditional Use Permits for a Private Heliport and Private Helistop: ORDINANCE UPON APPLICATION OF BARRY D. KNIGHT AND PAULA W KNIGHT, FOR A CONDITIONAL USE PERMIT. RE A HELIPORT (PRIVATE), AT 1852 MILL LANDING ROAD. R040935334 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of BARRY D. KNIGHT and PAULA W KNIGHT for a Conditional Use Permit. re a heliport (private), at 1852 Mill Landing Road (GPIN: 2410052815) DISTRICT 7 - PRINCESS ANNE The following condition shall be required: 1. The heliport shall be used by the applicant for the purpose of landing and storing one (1) helicopter owned by the applicant AND, ORDINANCE UPON APPLICATION OF BARRY D. KNIGHT AND PAULA W KNIGHT. CONDITIONAL USE PERMIT. FOR A HELISTOP (PRIVATE), AT 3501 BAUM ROAD. R040935335 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of BARRY D. KNIGHT and PAULA W KNIGHT re a Conditional Use Permit, for a helistop (private), at 3501 Baum Road (GPIN: 1387126495) DISTRICT 7 - PRINCESS ANNE The following condition shall be required: 1. The applicant shall not store, maintain or fuel the helicopter at this location These Ordinances 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 Fourteenth of April, Two Thousand Nine April 14, 2009 "I - 68 - Item V-L6. PLANNING ITEM # 58711 (Continued) Voting: 9-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Mayor William D. Sessoms, Jr. Council Members Absent: Glenn R. Davis Mayor Sessoms ABSTAINED on Item L.6 (BARRY D. and PAULA W. KNIGHT) as this involves financial services with TowneBank. Mayor Sessoms is President of Towne Bank April 14, 2009 I! - 69- Item V-L7. PLANNING ITEM # 58712 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED INDEFINITELY Ordinance upon Application of SEVEN CITIES ELECTRIC, INC for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF SEVEN CITIES ELECTRIC, CHANGE OF ZONING DISTRICT CLASSIFICATION FROM (R-5D RESIDENTIAL DISTRiCT TO CONDITIONAL B-1 NEIGHBORHOOD COMMUNITY BUSINESS DISTRiCT), 1945 CENTERVILLE TURNPIKE. Ordinance upon application of SEVEN CITIES ELECTRIC, for a Change of Zoning District Classification from (R-5D Residential District to Conditional B-1 Neighborhood Community Business District), 1945 Centerville Turnpike DISTRICT 1 - CENTERVILLE Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis April 14, 2009 II I - 70- Item V-L8 PLANNING ITEM # 58713 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of GATEWAY ENTERPRISES, LLCfor a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF GATEWAY ENTERPRISES, L.L.c., FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION, FROM AG-2 AGRICULTURAL DISTRICT TO CONDITIONAL 0-2 OFFICE DISTRICT, 2084 PRINCESS ANNE ROAD. PRINCESS ANNE DISTRICT. Z04091224 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of GA TEWA Y ENTERPRISES, L.L. c., for a Change of Zoning District Classification, from_AG-2 Agricultural District to Conditional 0-2 Office District, 2084 Princess Anne Road. DISTRICT 7 - PRINCESS ANNE DISTRICT The following condition shall be required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court and is hereby made a part of the record. 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 Fourteenth of April, Two Thousand Nine Voting: 9-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Mayor William D. Sessoms, Jr. Council Members Absent: Glenn R. Davis Mayor Sessoms ABSTAINED on Item L.8. (GATEWAY ENTERPRISES, LLC) financial services with TowneBank. Mayor Sessoms is President of Towne Bank as this involves April 14, 2009 I I II I CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-7215 DATE: April 1, 2009 FROM: Mark D. StileS_I ^~ B. Kay Wilson~ DEPT: City Attorney DEPT: City Attorney TO: RE: Conditional Zoning Application; Gateway Enterprise, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on April 14, 2009. I have reviewed the subject proffer agreement, dated June 30,2008 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen I I PREPARED BY: I STIIS. ROVRDON. AHrnN & IIVY. P.c. GATEWAY ENTERPRISES, LLC., a Virginia limited liability company SHEP SMITH, INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 30th day of June, 2008, by and between GATEWAY ENTERPRISES, LLC, a Virginia limited liability company, party of the first part, Grantor; SHEP SMITH, INC., a Virginia corporation, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the party of the second part is the owner of a certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing 2.9 acres as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the party of the first part, being the contract purchaser of the Property, has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the Zoning Classifications of the Property from AG-2 Agricultural District to Conditional 0-2 Office District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors aclmowledge that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and GPIN: 2414-11-9705 1 PREPARED BY: mm sms. DOURDON. .. AHrnN & liVY. P.c. II I WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the 0-2 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors and assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "PRELIMINARY SITE PLAN - ALTERNATE OFFICES OF MICHAEL L. KAHAN, DDS, HILLS CORNER, PRINCESS ANNE ROAD", dated June 30, 2008, prepared by Cox, Kliewer & Company, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Conceptual Site Plan"). 2. When the Property is developed, the office building designated "PHASE I, 12,895 SF" on the Conceptual Site Plan shall have the architectural design and features substantially as depicted on the exhibit entitled "FRONT ELEVATION, OFFICES OF MICHAEL L. KAHAN, DDS HILLS CORNER, PRINCESS ANNE ROAD, VIRGINIA BEACH, VIRGINIA", dated June 30, 2008, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Elevation"). The primary exterior building surface shall be EIFS, glass and architectural shingles as depicted on the Elevation. 3. When the office building designated "PHASE II, 2 STORIES - 22,360 SF ..," on the Conceptual Site Plan is developed, it shall utilize substantially the same high quality 2 PREPARED BY: lIB SYk~S. ROURDON. DI Allum & u:vv, P.c. II I architectural design and features, as well as exterior building materials, as those depicted on the Elevation. An elevation for the office building designated "PHASE II, 2 STORIES - 22,360 SF ..." shall be submitted to the Director of the Virginia Beach Department of Planning or his designee, for review and approval, prior to issuance of a building permit for that building. 4. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the AG-2 and 0-2 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, 3 PREPARED BY: lIB SYMIS. ROURDON. .. AlIrnN & LM. P.c. II , including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office ofthe Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. 4 I I PREPARED BY: _ svnS. ROURDON. .. AlImN & IIVY. P,C II I WITNESS the following signature and seal: Grantor: Gateway Enterprises, LLC, a Virginia limited liability company By: Iii" J!M~ (SEAL) 'Michael L. Kahan, D.D.S., Managing Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 1st day of July, 2008, by Michael L. Kahan, D.D.S., Managing Member of Gateway Enterprises, LLC., a Virginia limited liability company, Grantor. A ' ~ ~ flu. .e' ~11/i . I n1~ '1M Notary ublic My Commission Expires: . Notary Registration No.: August 31, 2010 192628 5 PREPARED BY: mID SYKI:S. ROURDON, DI AIIrnN & U:VV. P.c. WITNESS the following signature and seal: Grantor: II I Shep Smith, Inc., a Virginia corporation BY~ /# Kent A. Mote, President STATE OF VIRGINIA CIlY OF VIRGINIA BEACH, to-wit: (SEAL) The foregoing instrument was acknowledged before me this 1st day of August, 2008, by Kent A. Mote, President of Shep Smith, Inc., a Virginia corporation, Grantor. 4- ~ if{jj 0"'-' ~ "--" I // ..,c '"? ./ rt J J. ,'rr I -' L/tM~~.{j - Notary Pub ic My Commission Expires: Notary Registration No.: August 31, 2010 192628 6 PREPARED BY: II SYJ(rs. DOURDON, ADrnN & llVY, P.c. III I EXHIBIT "A" ALL THAT certain lot, piece or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying, situate, lying and being in the princess Anne Borough of the City of Virginia Beach, Virginia, known, numbered and designated as 2.912 ACRES, on that certain plat of survey entitled "Subdivision of a Portion of Parcel C, Plat of Property of Ida V. James Heirs for David E. Kellam, Princess Anne Borough, Virginia Beach, Virginia", dated May, 1975, and made by Marsh and Basgier, Inc., P.C. Engineers, Surveyors, Planners, which plat is duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 110, at Page 19, reference to which plat is hereby made for a more particular description of said property. GPIN: 2414-11-9705 ConditionalRezone/GatewayEnterpriseds/Proffer 7 - 71 - Item V-L9. PLANNING ITEM # 58714 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to further EXTEND the date for satisfying conditions in the closing of a portion of Grimstead Road to October 27. 2009. for JOSEPH W. FREEMAN, JR. (approved/conditioned by City Council October 23, 2007 and time extension previously granted October 14, 2008). Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis April 14, 2009 II 1 AN ORDINANCE FURTHER EXTENDING THE 2 DATE FOR SATISFYING CONDITIONS IN THE 3 MATTER OF CLOSING, VACATING AND 4 DISCONTINUING A PORTION OF THAT CERTAIN 5 STREET KNOWN AS GRIMSTEAD ROAD AS 6 SHOWN ON THAT CERTAIN PLAT ENTITLED 7 "PLAT SHOWING PROPOSED STREET CLOSURE 8 ADJOINING PROPERTY OF JOSEPH W. 9 FREEMAN, JR. D. B. 1761, P. 4322, M.B. 172, P. 85, 10 VIRGINIA BEACH, VIRGINIA". 11 12 WHEREAS, on October 23, 2007, the Council of the City of Virginia Beach 13 acted upon the application of Joseph W. Freeman, for the closure of a portion of 14 Grimstead Road (also known as Grimstead's Lane) as shown on Exhibit "A"; 15 16 WHEREAS, on October 23, 2007 the Council adopted an Ordinance to 17 close the aforesaid street, subject to certain conditions being met on or before October 18 22,2008;and 19 20 WHEREAS, on October 14, 2008, the applicant applied for and was 21 granted an extension of time to April 23, 2009 to satisfy the conditions attached to the 22 aforesaid street closure; and 23 24 WHEREAS, on March 26, 2009, the applicant requested an additional 25 extension of time to satisfy the conditions attached to the aforesaid street closure. 26 27 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 28 Virginia Beach, Virginia: 29 30 That the date for meeting conditions of closure as stated in the Ordinance 31 adopted on October 23, 2007, upon application of Joseph W. Freeman, is extended to 32 March 23, 2010. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on this 35 14th l"':ayof April ,2009. 36 37 GPIN: 2318-70-5588, 2318-72-5115 and 2318-72-7730 CA-11005 V:\appllcations\cilylawprod\cycom32\Wpdocs\D001 \P003100007911 ,DOC R-1 April 1, 2009 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: lWJt ~ Vv'vvv-Uw City Attorney I 1\ Jill ~ \ "'J;;-~r~ .~ i ~~.. \\\ _._.~ ~ ~ t.; o i ; ,~ i ~ ~ g %~. r ~~\~::~.\ i~~If.p~ ':< :z i" . 11 ~6.\ ~ :J: 6 11 ~~~ ~, ~ ~ ~ l ~ "E;)lnibit ~ / /{-- / ~ ~ I II I I ---..... 1~ ~ , " '\ I ----.\ -_...-- \ --,-.---,-.-.-\ :ili ~\ . ~ \:; . .~ ....1 ......+---....,~-------- ", '~ '-, -- . \ , , t \ , , \ , \ , \ \ , , , , \ , , , , , 01 m Z-<t O' F(l, <( Uf") --<t eN o. o~ <(0 Oz 0:.- ,..".:"'.------ -' ~ e . \t~ !\~ ~\~II~ ~; !.:/, -" ::i".l. ..,.SO.; 5 .p' ,t~i t tit ,.. . ..o:,,~ nl~\ ,~~1i \::-. . L.- -~ (..:-.-:.:.:--"'-....,.'-:--.:.-----,:-..:-.:-...... ',:. W I......, ~ ~ .... \ 'd, I \ \ -L~~~ t \ \ 6-e · '. 'l!;..;'! _ '3. 'Ii ~ \ \ . . . I . . I I , '" 1 I.... ~ k..~~ ~ \ ~ \ ~ \ \ \ t %'} ",l< ~it ~~.\ ~ w ~ l? 'i II .. ., @ l_______ ~ .~"""~ ~~-.._....,.:~_;!#''f.....'"'' \:! ~.. ,'" ,l-" ~tJ\'f< <.1\; .~ ~~ ~ ;~::. ~...\~ ,",.,..I ..(," 'b ::Ii:W' _J... .. ~") Q"'a"' liS"., ~~' _:tll., " \;\; ,.1C~":'" ':.; ~. ~Y-':,6 9" l\'@.' .,.. ... <P 6. t~: ;':it; '0 "10 0..- ot') 1.O<t t.i o 10 ,.... (l\ d '- i 0- Il> I/:) ~ N -t \~ cl \JJ Q) o r 'il o IX: ~ ,":" "ll~ "at> 1~ -;~ '" %.~.. ~g~ ~. ::: .. ~V\.:. ,,1iI~ ''It-..; b'~ O.l"i O<t ION \\ II o:....l ~~-... ~~~ ............:-...~:........ ~ -;c ~ ~ 'a- " "I -72 - Item V-M APPOINTMENTS ITEM # 58715 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM (ASAP) MINORITY BUSINESS COUNCIL April 14, 2009 - 73 - Item V-M.2. APPOINTMENTS ITEM # 58716 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: JoAnn Augone 3-year Term 5/15/09 - 5/14/12 AUDIT COMMITTEE Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis April 14, 2009 - 74- Item V-M.3. APPOINTMENTS ITEM # 58717 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Sally Saunders REAPPOINTED: Robert N. Melotti Warren E. Sachs 4-year Terms 7/1/09 - 6/30/13 ARTS and HUMANITIES COMMISSION Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis April 14, 2009 II I - 75 - Item V-M.4. APPOINTMENTS ITEM # 58718 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Kirk D. Berkhimer Unexpired thru 5/31/10 OPEN SPACE ADVISORY COMMITTEE Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis April 14, 2009 1,1 - 76- Item V-M.5. APPOINTMENTS ITEM # 58719 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Mark Schnaufer, Alternate 2- Year term 5/1/09 - 6/30/11 TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROAD) Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis April 14, 2009 II I - 77- Item V-M. 6. APPOINTMENTS ITEM # 58720 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Earnest A. Cooper, Jr. 3-Year Term 6/1/09 - 5/31/12 TOWING ADVISORY BOARD Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis April 14, 2009 II I - 78 - Item V-M. 7. APPOINTMENTS ITEM # 58721 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Stephen B. Ballard Unexpired thru 9/30/13 WETLANDS BOARD Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Glenn R. Davis April 14, 2009 "I - 79 - Item v.P. ADJOURNMENT ITEM # 58722 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6:24 P.M. Q~__d,_R'_d""'_- Beverly 0. Hooks, CMC Chief Deputy City Clerk ~ William D. Sessoms, Jr. Mayor City of Virginia Beach Virginia The Public Comment re Non Agenda Item adjourned at 6:36 P.M. April 14, 2009 - 80 - PUBLIC COMMENT Air Force Association Lieutenant Colonel David Bisset, Retired, represented the Air Force Association. He is presently a History Teacher at Tallwood High School. Lt. Colonel invited the City Council Members to attend the Heritage Aviation Gala, May 9, 2009, 4:00 - 7:00 P.M, Virginia Beach Airport - Military Aviation Museum (Tour, Dinner, Music, Air Show, Casual Dress). Colonel Bisset presented a scale model gift of a Raptor to Mayor Sessoms. Friends of Animal Control Cindy Fie ish, 5216 Prestwick Street, Phone: 479-5232, represented Friends of Animal Control. She has been a volunteer of approximately four (4) years. Over the years, Animal Control has experienced numerous outbreaks of paTVovirus; however, this past outbreak was the worse and Animal Control was closed since the middle of February. The facility was built in the early 1970's and it is impossible to disinfect properly. The parvo disease and the parasites hide in the cracks and crevices. Ms. Fleish requested a new building be funded this year. Elaine Swarts, 5433 Hunt Club Drive, Phone: 473-3292, reiterated the comments of Cindy fleish and advised the Shelter is now in compliance and has been with the State Veterinary Board and Department of Agriculture for approximately one year. Information distributed is hereby made a part of the record. Deborah Lankford, 1075 Red Oak Road, Phone: 463-6242, represented Friends of Animal Control. She was a Virginia Beach School Teacher for forty (40) years, now retired The volunteers expend hours attempting to make the facility more attractive. However, the Shelter has an antique system which re- circulates the infected air. The City Manager advised the design workfor the Animal Control Shelter has beenfunded in this coming budget year. Apri/14, 2009 -79 - Item v.P. ADJOURNMENT ITEM # 58722 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6:24 P.M. ~_Jl-___!&~L.y Beverly 0. Hooks, CMC Chief Deputy City Clerk William D. Sessoms, Jr. Mayor City of Virginia Beach Virginia The Public Comment re Non Agenda Item adjourned at 6:40 P.M. Apri/14, 2009