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Home My WebLink AboutAPRIL 10, 2012 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR W/LL/AM D. SESSOMS, JR., At-Large V/CE MAYOR LOUIS R. JONES, Bayside -District 4 GLENN R. DAMS, Rose HaA-District 3 WlLI,IAM R. DeSTEPH, At-Large HARRY E. DIEZEL, Kempsville -District 2 ROBERT M. DYER, Centerville -District I BARBARA M HL'NI,EY, Princess Anne - Uistrict 7 JOHND.MOSS, At-Large JOHN h.'. UHR/N, Beach -District 6 ROSF,MARY WILSON, At-Large JAMES L. WOOD, lynnhaven -District S CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K SPORE CITY ATTORNEY - MARK D. STILES CITY ASSESSOR - JERALD D. BANAGAN CITYAUDITOR - /,YNDON S REMIAS CITY CLERK -RUTH HODGES FRASER, MMC CITY COUNCIL AGENDA 10 April 2012 I. FY 2012-13 RESOURCE MANAGEMENT -Conference Room - A. OPERATING and CAPITAL BUDGET II. CITY COUNCIL DISCUSSION -Conference Room - A. Referendum On The Tide Light Rail System Expansion III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room - A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL CITYHALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com 2:30 PM 4:30 PM 5:00 PM C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Rod Puckett, Pastor Avalon Hills Bible Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARING 1. INSTALLMENT PURCHASE AGREEMENT (ARP) 3400 Land of Promise Road L ORDINANCES/RESOLUTIONS March 27, 2012 1. Ordinances to AUTHORIZE acquisition of Agricultural Land Preservation (ARP) Easements to Donald H. and Diane F. Horsley at 3400 Land of Promise Road: a. $616,594 112.48 acres b. $484,594 82.66 acres 2. Resolution AFFIRMING the City's strong support that the Naval Air Station Oceana remain the East Coast Master Jet Base and urge the Congressional Delegation to continue its support 3. Resolution to AUTHORIZE extension of the Town Center Option Agreement for development of Phase IV and urge the Development Authority to approve same 4. Ordinances re the Department of Housing and Neighborhood Preservation: a. AUTHORIZE the 2012 Housing Choice Voucher Annual Agency Plan, including the Revised Administrative Plan, and the City Manager to submit same to the US Department of Housing and Urban Development (HUD) b. APPROPRIATE the $495,000 Housing Choice Voucher Program Portability funds to provide rental subsidies c. TRANSFER $476,021 within the CDBG program and $431,219 within the HOME program re reallocation of Federal Funds Ordinance to ESTABLISH a Capital Improvement Project for repairs and renovations -Phase I, Grommet Island Park; and, ACCEPT and APPROPRIATE a donation of $144,000 from the Virginia Gentlemen Foundation 6. Ordinance to AUTHORIZE the City Treasurer to charge a Customer Voluntary Fee, not to exceed four dollars ($4.00), to provide information re non-confidential tax bills 7. Ordinances to ACCEPT and APPROPRIATE Grants from the U. S. Department of Homeland Security for the Fire Department: a. $ 12,000 re the Marine Team for personal protective equipment b. $ 32,000 re the Haz-Mat Team for operational readiness c. $ 50,000 re the Heavy Tactical Rescue Team to replace and upgrade extrication tools d. $100,000 re the Heavy Tactical Rescue Team training, equipment and exercise 8. Ordinance to TRANSER $54,490 from Instruction to Technology within the FY 2011-12 Schools Operating Budget J. PUBLIC HEARING SALE OF EXCESS PROPERTY Kempes Village Development K. PLANNING 1. Applications of CITY OF VIRGINIA BEACH (DISTRICT 2 - KEMPSVILLE DISTRICT): a. Chance of Zoning District Classification, from R-7.5 Residential, (Historic Kempsville Overlay), O-2 Office (HK) and B-lA Limited Community Business (HK) to B-4K Historic Kempsville Area Mixed Use (HK) (Suburban Focus Area 3 HK) at 525 Kempsville Road, 404 and 414 Oakmears Crescent and 5233 Princess Anne Road b. Street Closure, portion of right-of--way of Princess Anne Road (formerly Oakmears Crescent) c. Street Closure, portion unimproved right-of--way of relocated Oakmears Crescent d. KEMPES VILLAGE, LLC for a Conditional Use Permit, to allow multi-family dwellings at 525 Kempsville Road, 404 and 414 Oakmears Crescent and 5233 Princess Anne Road e. Ordinance to DECLARE ten (10) acres at Lord Dunmore Drive and Kempsville Road as EXCESS and AUTHORIZE conveyance of same to Kempes Village Company LLC for development RECOMMENDATION: APPROVAL 2. Application of CITY OF VIRGINIA BEACH/PRINCESS ANNE ESTATE TRUST for a Change of Zoning District Classification from O-2 Office, (Historic Kempsville Overlay District) to B-4K, Historic Kempsville Area Mixed Use District at 5241 Princess Anne Road. (DISTRICT 2 - KEMPSVILLE DISTRICT) RECOMMENDATION: APPROVAL 3. Application of BEACH BOROUGH DEVELOPMENT, LLC for reconstruction of a Nonconforming Use at 411 22nd Street (DISTRICT 6 -BEACH DISTRICT) RECOMMENDATION: APPROVAL 4. Application of FAITH HOUSE OF REFUGE for a Conditional Use Permit re a religious use and family life center at 4676 Princess Anne Road (DISTRICT 2 - KEMPSVILLE DISTRICT) RECOMMENDATION: APPROVAL 5. Application of ROY R. and JOSIE B. BUNI fora Conditional Use Permit, for residential development at 1619 N. Muddy Creek Road (DISTRICT 7 -PRINCESS ANNE DISTRICT) RECOMMENDATION: APPROVAL 6. Application of VIRGINIA MUSEUM OF CONTEMPORARY ARTS, to allow Roadside Guide Signs: (DISTRICT 6 -BEACH DISTRICT) a. Option 1 -Applicant requests: 1) I-264 and Birdneck Road 2) Birdneck and Old Virginia Beach Roads, North bound 3) Birdneck and Old Virginia Beach Roads, South bound 4) 22°d Street at Pacific Avenue 5) North side of Laskin at Birdneck Road 6) South side of Laskin at Birdneck Road 7) South side of 22°d Street at Pacific Avenue 8) Parks Avenue at 22"d Street and I-264 West b. Option 2 -Staff Recommends: 1) North bound at Birdneck and Old Virginia Beach Roads 1) South bound at Birdneck and Old Virginia Beach Roads 2) South side of Laskin at Birdneck Road RECOMMENDATION: APPROVAL OF THREE SIGNS L. APPOINTMENTS AUDIT COMMITTEE BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS COMMUNITY SERVICES BOARD HEALTH SERVICES ADVISORY BOARD PARKS and RECREATION COMMISSION VIRGINIA MUSEUM OF CONTEMPORARY ART -TRUSTEES M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers FY 2012-2013 BUDGET HEARINGS April IO Budget Workshop -Conference Room -Time TBD April I7 Budget Workshop -Conference Room -Time TBD April 18 Budget Public Hearing -Cox High School - 6:00 PM April 24 Budget Workshop -Conference Room -Time TBD April 24 Public Hearing -Council Chamber - 6:00-8:00 PM May 1 Budget Reconciliation Workshop - Conference Room -Time TBD May 8 Budget Adoption -Council Chamber - 6:00 PM 2012 CITYHOLIDAYS Monday, May 28 Wednesday, July 4 Monday, September 3 Monday, November 12 Thursday, November 22 Friday, November 23 Monday, December 24 Tuesday, December 25 Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Eve (half-day) Christmas Day If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 -1- .~- `4C ~ A M tip'! t -c -.p ~ ~'O _. G~ ) '~~ - ~> 4~ a~ ~Il}~ ~ ~, =~ E L"' ' .:~ t.: t _ ~ ,n,~,~-~ VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia April 10, 2012 Mayor William D. Sessoms, Jr. called to order the FY2012-13 RESOURCE MANAGEMENT, re OPERATING and CAPITAL BUDGET, in the City Council Conference Room, Tuesday, April 10, 2012, at 2: 30 P.M. Council Members Present: Glenn R. Davis, William R. "Bill " DeSteph, Harry E Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood. Council Members Absent: None April 10, 2012 -2- MAYOR'S COMMENTS ITEM #61746 Mayor Sessoms stated that a miracle occurred in the City of Virginia Beach on Friday, April 6, 2012. It was amazing to see First Responders and citizens running towards a disaster. Mayor Sessoms was contacted immediately by Admiral ,Harvey, Governor McDonnell, Oceana, Congressman Rigell and Senator Warner. The Navy has assured Mayor Sessoms that two things will occur; the cause of the crash is identified and the individuals that have been displaced will be taken care of. The neighboring cities stepped up and helped tremendously. The City is very much appreciative. All of the years of training our emergency crews really paid off. The scene should have been chaotic but it was not and the entire event ran smoothly. The outpouring of generosity from the business community was tremendous. Approximately 616 City Employees and Volunteers were involved in about a 36 hour period. Everyone is thankful that no lives were lost but this was a traumatic event for the individuals that are displaced. The Navy and City of Virginia Beach will work diligently to take care of these individuals. The State Police were able to assist. The City was prepared for this disaster due to the training and the result was a tremendous team effort. Council Lady Wilson added that she had never been so proud of our City. The eyes of the entire world were on the City. Mayor Sessoms did a great job representing the City with reassuring words. Councilman DeSteph stated that Fire Chief, Steve Cover, did a great job coordinating with the federal, state and local departments. Everyone knew their job and they did it exceptionally well. It was impressive to see all of the First Responders, as well as the citizens, jointly doing everything they could to help. April 10, 2012 -3- FY2012-13 RESOURCE MANAGEMENT OPERATING and CAPITAL BUDGET PLANNING DEPARTMENT 2:30 P.M. ITEM #61747 City Manager James Spore advised this is the Quality Physical Environment Business Area. Mr. Spore introduced Jack Whitney, Director - Planning. Department of Planning and Community Development Budget Workshop April 10, 2012 jack Whitney, Director The Planning Department's Operating Budget includes the administration plus the Department's contribution to Mass Transit. The total is up 8.1 % due to VRS, life insurance, health insurance and retirements. Planning Department Operating Budget ... Planning Department $ 9.500,391 110.0 $ 9,919,591 110.0 $ 419,200.. 4:4% Mass Transit 4,359,145 0 5,062,679 0 703,534 16.1% Total ' $13,859,536 110.0 $14,981,270 110.0 x$1,122,734 8.1% April 10, 2012 -4- FY2012-13 RESOURCE MANAGEMENT OPERATING and CAPITAL BUDGET PLANNING DEPARTMENT ITEM #61747 (Continued) The two largest expense categories are Mass Transit at $S-Million and Personnel at $8.9-Million. Planning supports five (5) Boards and Commissions. FY 2012-13 Budget ,$6,062,619 34% " Mass Transit (General Fund) plus Mass Transit Tourism Investment Program Fund ^ General Fund minus Mass Transit Operations Budget by Expense Category Lr-___ ~ _ .._____ _ , _. Y Budget by Fund $ 7,856 .6% $5,062,679 34% ~~ ~ $B,916,3u3 ~xa `~~ 59.4% ~' $913,4~~• 6% Personnel ~ Operations Mass Transit ^BOards and Commissions A few of the signifccant issues are identified below: Planning Department Significant Issues - Funding CIT Request for Accela automation for Current Planning which supports the Planning Commission and Planning items to City Council and Development Services Center which coordinates all development plan review and surety activities. - Partially funded State mandate requiring localities totake over the State stormwater management program for land disturbing activities. - $5 Technology Fee added to all Permits and Inspections Fees will increase revenues. ($130,000) April 10, 2012 -5- FY2012-13 RESOURCE MANAGEMENT OPERATING and CAPITAL BUDGET PLANNING DEPARTMENT ITEM #61747 (Continued) The travel budget is $17, 000, approximately one-half of one percent of the overall budget. The number of full time employees (FTE's) is not changing. The Department has downsized through attrition since the onset of this Recession. Six (6) of the eight (8) Strategic Growth Area Plans have been completed. Hilltop Strategic Growth Area, being number seven (7), is underway and Centerville Strategic Growth Area will begin next month. The eight (8) SGA's will join in the Comprehensive Plan. Planning Department FY 2012-13 Trends & Highlights - Permits and Inspections successfullylaunched Accela Automation. Seven (7) other business processes will implement Accela Automation during FY13. $S new technology fee effective 7/1/12. - Completed Six (6) Strategic Growth Area (SGA) Plans -Hilltop SGA underway; Centerville SGA Plan beginning May, 2012. - New Zoning Codes to implementthe SGA Plans. - Oceanfront Resort District Form Based Code - SGA Overlay Ordinances - Continuing to work on documentingwater quality and other environmental and sustainability measurements. - Continued staff support to the SGA Office. - Three (3) new bus routes. - Limited stop service on Va Beach Blvd between Cedar Grove and 19'^ and Pacific - Dam Neck route between TCC and Dam Neck Annex to serve NAS and Corporate Landing - New route between Pleasure House Road and Tide's Newtown Station The slide below provides a comparison of the workload to FTE's: planning Departmen[Workbatl [o FTE comparison '~` ~ ~ Conclusions -~-, -SO key workload measures are tracked in the Planning Department. There is causefor optimism as 2012 performance measures are outpacing 2011 measures. -Permits and Inspections has witnessed a positive responsefrom the building communityfromtheAccelatechnologyinnovations. Weareexpectingthesame responsefrom the development and engineering communities when we are able to introduce additional technology improvements. -The Planning Department has absorbed much of the cost of staffing, advertising and set up for the Form Based Code and Strategic Growth Area Plan efforts. April 10, 2012 -6- FY2012-13 RESOURCE MANAGEMENT OPERATING and CAPITAL BUDGET PUBLIC UTILITIES 3:l S P.M. ITEM #61748 City Manager James Spore introduced Thomas Leahy, Director -Public Utilities. Public Utilities Department provides the public water supply and the sanitary sewer collection (in the home wastewater - notthe rainwater runoff outside the home) for the City of Virginia Beach. Department of Public Utilities Budget Workshop ,4pril 10, 2012 Thomas Leahy, Director The FY2012-13 Operating Budget request is $115-Million, about 1.6% higher than FY2011-12 approved Budget. The increase is mainly due to the increase of $2.3-Million in Debt Service and Pay As You Go Capital Funding and VRS/Healthcare increases. Public Utilities FY 2012-13 Operating Budget $1,017,733 $658,679 $3,134,247 0.9% 0.6% $1,088,296 2.7% -~~ ~ 0.9% B' udget by Fund ^Service Garges --:IM.&COnn. Fees Federal ~BA9S) a, Transfers ¢FUnd Balance $1,899,147 $9,907,404 1.7% 8.6% $29,597,617 $28.OSOS10_ ::. 25.7% Budget by Expense Category z4,4z _ -- 1 h -~ s16,712.45~ ,- i -'14sX -- ;/ 527,741.2",.~ $1,138,400 za.1•, l.o% , $115 046 896 ~' J .:. Pesonnel gOperations Water Svc COM2tt •Capital sE Debt Service•PaVGo Reserves !--Transfers -~- FY2012-13 RESOURCE MANAGEMENT OPERATING and CAPITAL BUDGET PUBLIC UTILITIES ITEM #61748(Continued) Department of Public Utilities Operating Budget 1 ~,;~...._, _, ~ ° ~~ Y r . Director's Office $ 359,804 3.J $ 417,993 3.0 18,185+ t ~° Engineering 8,077,485 84.0 8,222,044 84.0 144,559 1.895 Lake GastonFacilities 3,182,065 NA 3,161,265 NA {20,8001 ~C I;C Operations Admin. 3,508,322 21.0 3,647,893 22.0 139,571 4.0% Water Distribution ' .3,821,276. ..41.0 3,956,226 41.0 134,950 3.5% WaterPumpStations 2,802,239 25.0 2,728,657 25.0 {73,582} {2.6%j Meter Operations 3,648,727 45.0" 3,966,729 43.0 318,002. .. 8.7% Sewer Collection 6,766,813 64.0 7,056,297 64.0 289,484 4.3% Sewer Pump Stations_ 6,872,035 61A 7,136,219. 61.0 ..264,184 3.8% Business Division 7.502.730 68.0 7.640.182 68.0 137.452 1.8% Sub Totals 546,581.496 412.0 347,933,505 411.0 1 352 009 - - 2.9%- Department of Public Utilities Operating Budget ,} ~ ~ _.,- . ~, s a ~ ~ ~_ '~' Water Services .$29,629 SL NA $27,741,296 NA 5(1,888,229] {b.4%} 'Contract Debt Service 25,763,841 NA 28,050,544 NA 2,286,703 8.9% plus Pay6o Reserves 1,309,76E - NA 1,414,147 NA .104,386 8.0% Transferto 9,943.400 NA 9.907,404 NA 35 996 {0.4%} Other Funds SubTotals 566.646,527 NA $67.113.391 NA - 66 864 0.7% Total N132?_R.n-?3 a12.o ~Ir _Od6_S 6 411.0 S1.SSB_873 1.6% April 10, 2012 -8- FY2012-13 RESOURCE MANAGEMENT OPERATING and CAPITAL BUDGET PUBLIC UTILITIES ITEM #6I748(Co~ztinued) The slide below provides the Trends and Highlights: Department of Public Utilities FY 2012-13 Trends & Highlights - Largest increase is Debt Service driven by the Consent Order Capital Spending ($2.3 million) - Next largest increase is $1.9 million for • VRS ($0.5 million) • Health Care ($0.5 million) • Possible Compensation to offset GA action with respect to VRS ($0.9 million) - Water and Sanitary Sewer Fund is aself-supporting enterprise (95% of revenues from service charges) - Water and Sanitary Sewer Debt isself-supporting and not counted towards City debt limits (AAA rating) In the absence of rate increases, the Department has zero, or negative, revenue growth. Aging infrastructure continues to be a concern. Beginning July 1, 2012, the existing 2-Month Combined Services Bill will rise Nine Dollars ($9.00) from $144 to $154. Public Utilities -Significant Issues - Zero or negative revenue growth (w/o rate increases) - Typical sanitary sewer rehab or neighborhood project: $600 to $1,800 per lot in annual debt service for 20 years vs annual service charges of $265 per lot - Aging infrastructure: 50% of the Water and Sanitary Sewer System (cost > $2 billion) is 30 to > 50 years old. Much of this infrastructure has a useful life of about SO years - The Regional Sanitary Sewer Consent Order is a looming $350-550 million unfunded mandate - Existing 2-month Combined Services Bill is $144. It will rise to $153 on July 1, 2012 (Storm Water and Sanitary Sewer increases) April 10, 2012 -9- FY2012-13 RESOURCE MANAGEMENT OPERATING and CAPITAL BUDGET PUBLIC UTILITIES ITEM #6I748(Continued) The City has the lowest monthly Water and Sanitary Sewer rates in Southside Hampton Roads. FY2012 Monthly Water and Sanitary Sewer Charges in Southside Hampton Roads 5100 ,: 5~ Seo -.. Sso ~. -... ... _. ____. ___. _. ~;: 550 ~ ~ - /,, :. ~: <~~ y y. Galbns/MOnM $i0 ~ '~ &6,000Galbns/MOnM 'W 5 :t ~~'~., ~~Pt s3o ',. , `k:} {. 'q ~:: "; . >i f ;_ : .. • . SuHO1F CM1esapeake No~fol4 VP BeacM1 PonsmouM Approved Monthly Water & Sewer Billing for SFR @ 6,000 Gallons Fiscal Year 2010 2011 2012 2013 2014 2015 Water $28.70 $30.87 $30.87 $30.87 $30.87 $30.87 Sanitary Sewer $19.54 $19.54 $22.12 $24.86 $27.76 $30.81 Total Water + Sanitary Sewer $48.24 $50.410 $52.99 $55.73 (+5.2%) $58.63 (+5.29'0) $61.68 (+5.2/0) April 10, 2012 -10- FY2012-13 RESOURCE MANAGEMENT OPERATING and CAPITAL BUDGET PUBLIC UTILITIES ITEM #61748(Continued) Capital Improvement Program FY 2013 thru FY 2018 4-. l ar - - .- _ _ .~~ --.; , FY13 $ 13,996,000 $ 26,004,000 $ 40,000,000 FY14 $ 7,990,365 $ 32,009,635 $ 40,000,000 i FY15 $ 7,139,000 $ 32,861,000 $ 40,000,000'' FY16 $ 5,949,000 $ 44,051,000 $ _.. 50,000,000'' FY17 $ 5,320,000 $ 44,680,000 $ 50,000,000'' FY18 $ 8,588.337 $ 41.411,663 $ 50,000,000 FY13-18 S 48-982-70 S 221-017-29~ 270-000-00 Approximately 80% of the Sanitary Sewer Capital Improvement Program (CIP) goes to Aging Infrastructure and the Consent Order. FY 2012-13 Sanitary Sewer Capital Improvement Program: $26,004,000 Roadway & Stormwater System Egpansion - Coordination ~ ~ General Nei hborhood operaeiona &suPPPrc: g Operations & Supp rt 3% I% tananown yard Renovations Projects/51%~ ~;q(, ~ ComWterixeE Mapping Progam ~ guainea: oiv./caaomer service ~ Auxiliary Powa Program Evaluation / Planninc 4% r'~~„a i Cost Participation/ 'P$\, 4 '' Agreements 0% ~, April 10, 2012 ng Infmstruc[ure / Consent Order 79% -11- FY2012-13 RESOURCE MANAGEMENT OPERATING and CAPITAL BUDGET PUBLIC UTILITIES ITEM #617478(Continued) Approximately 58% of the Water Supply CIP goes to Aging Infrastructure. FY 2012-13 Water Supply Capital Improvement Program: $13,996,000 Roadway & Stormwater System Ezpansion - Coordination~ General 12% 3% Operatons 85upport: Landstown Yard Renovations <omputerixetl Mapping W atx Quality Program Backfbw Prevention Program PMR Program Business Div /W ztomer Service ~~ ~-. , ~ Aging Infrastructure _ ~ 58% Operations & Support ~~.'- - 22% ~tl y,i{. y".r5ri `,`! /. Neighborhood Projec[s~~% / 51% Program 0% Evaluation/Planning 4% Cost Participation Agreements 1% Infrastructure Replacement Cost Sanitary Sewer Pump Stations 406 $362,000,000 Sanitary Sewer Pipes 1,500 miles $1,333,000,000 Manholes 30,000 $217,000,000 Sanitary Sewer Laterals 130,000 $345,000,000 Sanitary Sewer Valves 2,700 $6,000,000 Potable Stations (7) and Tanks (11) 18 $12,000,000 Potable Water Pipes 1,600 miles $2,055,000,000 Hydrants 8,400 $19,000,000 Potable Water Valves 32,000 $53,000,000 Raw Waterlnfrastructure $451,000,000 Totals - - - $4,853,000,000 If average lifespan of this infrast ructure was SO years, a $97M/year CIP would be needed to stay even with facility retirement April 10, 2012 -12- FY2012-13 RESOURCE MANAGEMENT OPERATING and CAPITAL BUDGET PUBLIC UTILITIES ITEM #61748(Continued) Replacement of Aging Infrastructure began back in 2000 and, as a result of that work, the Department has mitigated about 1/3 of that "age ". Over the last 12 years, the system has only aged about 8 years. Infrastructure Aging '"unitary Sewer Pump Stations 21 years. 29 years 'Sewer Pi es _ 21 years 29 years _..... p - ---- _ '.Sewer Manholes 18 years 26 years ,... __ Water Pipes 24 years 32 years I~Fire Hydrants 20 years. 27 years Water Pump Stations 21 years 32 years Water Tanks 21 years 23 years • Age of utility infrastructure increased on average by 8 years since the year 2000 Sanitary Sewer Peak Hydraulic Flow fora 10-yr Storm Event r:q E w .:. ry ~ ~~.~ ~ I ocaNt . t ~ q , ~. } ~ Southside#1 ;13,983 150.97 ; ' .1798 Southside#2 27,508 45.45 1653 Northside#1 30,499 46.25 1516 Northside#2 88,431 124.48 1408 Southside#3 92,419 123.57 1337 Southside#4 61,359 78.24 1275 Northside#3 25,882 31.57 1220 Northside#4 64,251 69.78 1086 Virginia Beach 200,721 200.16. 997 Total/Average 675,053 870.47 1289 *The threshold limit in the Consent Order for Rehabilitation is 775 GPD/ERU April 10, 2012 -13- FY2012-13 RESOURCE MANAGEMENT OPERATING and CAPITAL BUDGET PUBLIC UTILITIES ITEM #6I748(Continued) Conclusions • Public Utilities provides arich-array of services at one of the lowest costs in the region • Water quality rivals bottled water quality at one- one thousandth of the cost, and the reliability of the system has never been better- rain or shine • Sanitary Sewer Overflows are at historic lows and our 24/7, one hour response time for residential sewer blockages is a flagship standard • The Consent Order is a budget driver for decades, but because of proactive decisions made in the past, we are well positioned to meet the challenge April 10, 2012 -14- FY2012-13 RESOURCE MANAGEMENT OPERATING and CAPITAL BUDGET PUBLIC WORKS 3:1 S P.M. ITEM #61749 City Manager James Spore introduced Phil Davenport, Director -Public Works. Mr. Davenport advised the Department has a large operating budget as well as they manage four (4) CIP's. The department provides good core services. ru~st~« WE1R- '~~~t, Department of Public Works Budget Workshop April 10, 2012 Phillip 1~. davenport There is an increase of about $7.4-Million. Approximately $4.6-Million is related to the S%fee increase approved last year (this is the 2"d year of a 3-year rate increase). Fleet Management has approximately a $2-Million increase due to the rising cost of fuel. Department of Public Works Operating Budget 3 a ~' , ~ ~~~ cr e ! ' ~ .. r}~ ~ ~,L~. , y Administration 7,125,833 18.00 7,923,540 1G+i0 797,707 11.2% Building Maintenance 19,829,550 162.00 18,745,227 162.00 (1,084,323} (5.5%j Engineering ?,291,850 76.00 7,444,154 74.00 .152,304 2.1% Facilities Management 479,389 2.00 593,082 3.00 113,693 23.7% Infrastructure Maintenance 19,919,555 122 20,282,805. . 122 363,250 1.8%. Operations Management 3,OD8,331 35.00 3,204,000 36.00 195,669 6.5% Traffic Management 4,364,324 39.88 4,538,902 39.88 174,578 4.0% Real Estate 920,403 12.00 907,715 11.00 (i2,688j (1.4°iEi Fleet Management _ 15,655,574 79.00 17,656,128 79.00 2,000,554 12.8% Stormwater 29,872,023 139.00 34,527,837 147.00 4,655,814 15.6% Waste Management 44,958,292 178.50 44,555,404 176.50 1402,883) (0.9°%j Other Funds 3.558.103 20_00 4.001.977 20_00 443.874 12.5% Total 256,983,127 883.38 164,380,771 890.38.. .7,397,544 4.7% -15- FY2012-13 RESOURCE MANAGEMENT OPERATING and CAPITAL BUDGET PUBLIC WORKS ITEM #6I749(Continued) FY 2012-13 Budget $4,001,9]] $44555,400 , ]x' 563,639 <i5 ' 3M T?{ _ Budget by Fund 534 5]],ef 51],656,118 $2,484,430 513,080,694 1% $55,056,145 I x~ -___-_ ~, Budget by Expense Category $86,35],858 FY 2012-13 Budget FTE Count for FY33 zo ~ ~ L, ~ -,. ~ _ _ . s', w ` r April 10, 2012 -16- FY2012-13 RESOURCE MANAGEMENT OPERATING and CAPITAL BUDGET PUBLIC WORKS ITEM #61749(Continued) The slide below identifies some of the significant issues. More specifically, Aging Infrastructure continues to be a concern. Sustainability of infrastructure is a long term investment. The maintenance needs continue to grow. The City does not have sustainable State Transportation funding and does not have a plan from VDOT for the future. Paving costs have increased approximately 40% over the last four (4) years. The City has aging roadways and bridges as well as increased traffic congestion. Also, there are higher demands from outlying beaches. Public Works Significant Issues - Long Term Approach to Infrastructure Sustainability - Sustainable Stormwater Work Plan - Waste Management Long Term Strategy - Long Term Funding for Capital Programs - Energy and Fuels Public Works Department FY 2012-13 Trends & Highlights - Long Term Approach to Infrastructure Sustainability ^ Maintenance Needs and Costs Continue to Grow ^ Infrastructure CapitallmprovementNeedsContinuetoGrow ^ No Sustainable5tateTransportationFunding ^ Federal Participation in Beach Nourishment and Navigation Dredging Less Certain ^ Increase Cost of Roadway Maintenance ^ Increasing Bridge Repair Cost Due to Aging Infrastructure ^ TrafficOperetions ^ Beach Operations ^ Facility Sustainment • Addressingthe increasing backlog growth of major rehabilitationto Building systems. Closing the gap in out-year major building systemsClP April 10, 2012 -17- FY2012-13 RESOURCE MANAGEMENT OPERATING and CAPITAL BUDGET PUBLIC WORKS ITEM #61749(Continued) Public Works Department FY 2Q12-13 Trends & Highlights - Sustainable Stormwater Work Plan ^ Significant0&M Funding •:• Off-Road Ditch Maintenance :• Reduction of Backlog and Increased Pace of Cave-in Repairs •:• Establish Sustainable Lake BMP Maintenance Program .• Establish Sustainable Neighborhood Program to Address Aging Stormwater Pipe Systems • Establish Sustainable StormwaterPumpStationRehabilitationProgram ^ Addresses Known TMDL Requirements ^ Several Critical Neighborhood Flood Control Projects Two FTE's have been eliminated from Waste Management as well as the Recycling contract was renegotiated and the City is saving approximately $1.3-Million annually. Public Works Department FY 2012-13 Trends & Highlights - Waste Management Long Term Strategy ^ Post 2018 Disposal ^ Special Revenue Fund ^ RecyclingContrad ^ Routing and Collection Efficiencies ^ City Landfill Reorganization April 10, 2012 -18- FY2012-13 RESOURCE MANAGEMENT OPERATING and CAPITAL BUDGET PUBLIC WORKS ITEM #61749(Continued) Approximately $1.6-Million is available for construction. The remaining funds are designated for bridge maintenance and street construction. Public Works Department FY 2012-13 Trends $r. Highlights - Long Term Funding for Capital Programs ^ FY12/130urCapital Program is as busy as it's Ever Been ^ Long Term Facility Sustainment ^ FuIllmpactofTMDLRequirementsNotYetKnown ^ Infrastructure CapitallmprovementNeedsContinuetoGrow ^ No Sustainable5tateTmnsportationFunding ^ Federal Participation in Beach Nourishment and Navigation Dredging Less Certain Public Works Department FY 2U12-13 Trends & Highlights - Energy and Fuels ^ Energy Reduction Initiatives ^ Rate Increase in Electricity ^ Fuel Costlncreases ^ Consumption Tracking by Department April 10, 2012 -19- FY2012-13 RESOURCE MANAGEMENT OPERATING and CAPITAL BUDGET PUBLIC WORKS ITEM #61749(Continued) Top PW Accomplishments - Recycling-$1.3M annual savings in contract renegotiation - Numerous CIP Projects Completed - 8 Traffic Corridors Retimed - Urban Construction Initiative Program Certification - FY12 Competitively Obtained Transportation Funds: $89.6M - Advancing Neighborhood Navigation Dredging Program - 26.4 Miles of Bike Routes Added With Repaving - Partnering with Sheriff's Workforce - Irene Recovery April 10, 2012 -zo- CITY COUNCIL DISCUSSION REFERREND UM ON THE TIDE LIGHT RAIL SYSTEM EXPANSION 4:30 P.M. ITEM #61750 Mayor Sessoms called to order the CITY COUNCIL DISCUSSION, re the REFERRENDUM ON THE TIDE LIGHT RAIL SYSTEM EXPANSION. Councilman Uhrin read the proposed Resolution and stated the question to appear on the ballot shall read as follows: "Should the City Council adopt an ordinance approving the use of all reasonable efforts to support the financing and development of the Tide Light Rail into Virginia Beach?" Councilman Uhrin stated that he appreciates everyone's input. Councilman Wood acknowledged and thanked the following: William Harrell, President - HRT and Ram Russo, also with HRT. Councilman Wood stated in 1999 there was not much information about Light Rail available. Much more is available today. Also, the City has approximately $30-Million of federal funding available to use which was not available in 1999. Councilman DeSteph stated he would like to know the amount the project will cost and how the project will be paid for prior to putting this Referendum to vote. Council Lady Wilson requested one member of HRT explain why it is important for the public to decide if they would like to go forward. She understands the City cannot obtain the federal funds and then not move forward. Ms•. Russo stated, based on the program, the community does have to decide on a "locally preferred alternative ". Preliminary planning level engineering cost estimates have been developed with three different end-off-line points. The longer the City waits to begin, the more this project will cost due to rising costs of materials and goods as well as inflation of approximately 3%per year. Councilman Dyer feels as though there are too many unknowns at this point to move forward with a Referendum. This is a major decision. What will be the impact on the individual taxpayer? Citizens that do not use Light Rail will still be paying for it. How will this project impact city services? Councilman Moss does not want HRT expending public taxpayer's dollars to educate citizens. Councilman Moss complemented Councilmen Uhrin and Wood for the revision of the proposed question. Councilman Moss stated he trusts the public to vote on this. Between now and November, people can get educated on this proposed project. Councilman DeSteph requested the proposed costs of this project be made known as soon as possible. Mr. Russo advised in 2018 the costs would be $254-Million with the extension to Town Center, $451- Million to Lynnhaven and $807-Million to the Oceanfront. Councilman Davis stated this project is so complicated but this is an extremely fair question. This is an action-based Referendum. This project is something the City needs to get out ahead of if the Citizens agree to move forward. Today might not be the time the City gets Light Rail but the longer the Referendum is delayed, the more it will cost. Light Rail is for future generations and when the Citizens Vote on the Referendum, it is not about what dollar should be spent in the next year, it is what dollar should be allocated for the next generation. April 10, 2012 -z i- CITY COUNCIL DISCUSSION REFERREND UM ON THE TIDE LIGHT RAIL SYSTEM EXPANSION ITEM #61750(Continued) Vice Mayor Jones confirmed HRT has the federal amount of $30-Million in hand to be used for the Final Environmental Impact Statement, the preliminary engineering, the applications to FTA and a portion to get started on final design. The Vice Mayor also confirmed with Mr. Russo that if the City does not take advantage of the available funds, there is a possibility the City losses the opportunity to utilize these funds. Councilman Diezel requested information on public private partnerships with similar projects. Councilman Dyer requested a strong civic engagement relative this project. Councilman Moss is supporting this Ordinance so that City Council can focus on other important issues. Mi°. Uhrin advised the proposed Ordinance will be on the April 24, 2012, Agenda for City Council's consideration. The Mayor thanked everyone for their comments. April 10, 2012 -22- CITY COUNCIL LIAISONREPORTS S: 04 P.M. ITEM #61751 There were no City Council Liaison Reports. April 10, 2012 -23- CITY COUNCIL COMMENTS 5:04 P.M. ITEM #6l 752 Councilman Moss would like a Referendum on District Voting. The last Referendum on this particular issue was in 1994. This would move the City to "Ward Voting" where only the citizens residing in the District could vote for that particular District as well as the At Large seats. Councilman DeSteph is co- sponsoring this Ordinance and it will also be on the April 24, 2012, Agenda for City Council's consideration. Councilman Diezel would like some discussion on this proposed ordinance as there are many pros and cons to "Ward Voting ". Councilman Davis requested adequate time during a City Council workshop to discuss this topic. Councilman Dyer agrees this is in the City's best interest to have an opportunity for discussion. Council Lady Henley advised the April 24`x` Agenda is loaded with the Budget Public Hearing as well as a few issues in the Princess Anne County that will not be on Consent and requested the Planning Items be heard prior to the Public Hearing and the two proposed Referendum Ordinances. ITEM #61753 Councilman Dyer expressed his appreciation to the Staff for being available at the Convention Center on April S`~' for the Budget Open House. The public turnout was a little low but hopefully this will improve the more times this event is scheduled. ITEM #61754 Mayor Sessoms advised that Chairman Edwards is going to start working with the School Board to have a Resolution supporting a tax increase for School's up to 6 Cents. This might take an additional Public Hearing but during Reconciliation the proposed amount will be stated. Mayor Sessoms is pleased with the communication level and Chairman Edwards is aware he was passing this information to City Council today. ITEM #61755 Councilman Diezel stated that due to the incident of April 6, 2012 (Oceana jet crash), he requested information regarding the "exterior perimeter " set up by law enforcement for such events. He was informed that in such events a "staging area" is set up for citizens living within the area and from there individuals will be taken to the Command Post for further information and updates. April 10, 2012 -24- CITY COUNCIL COMMENTS (Continued) ITEM #61756 Councilman DeSteph also expressed his appreciation to the Staff for the Budget Open House and since the citizen turnout was low, it gave him the opportunity to go to the various departments and get answers to lais questions. ITEM #61757 Mayor Sessoms requested a member of City Council volunteer to attend Reality Check Hampton Roads, presented by ULI of Hampton Roads on May 17, 2012, 9: 00 A.M. - 3:00 P.M. Councilman Dyer agreed to attend on behalf of the City of Virginia Beach. April 10, 2012 -25- AGENDA REVIEW SESSION 5:14 P.M. ITEM #61758 BY CONSENSUS, the following shall compose the CONSENT AGENDA: I. ORDINANCES/RESOLUTIONS 1. Ordinances to AUTHORIZE acquisition of Agricultural Land Preservation (ARP) Easements to Donald H. and Diane F. Horsley at 3400 Land of Promise Road: a. $616,594 112.48 acres b. $484, 594 82.66 acres 2. Resolution AFFIRMING the City's strong support that Naval Air Station Oceana remain the East Coast Master Jet Base and urge the Congressional Delegation to continue its support 3. Resolution to AUTHORIZE extension of the Town Center Option Agreement for development of Phase IV and urge the Development Authority to approve same 4. Ordinances re the Department of Housing and Neighborhood Preservation: a. AUTHORIZE the 2012 Housing Choice Voucher Annual Agency Plan, including the Revised Administrative Plan, and the City Manager to submit same to the US Department of Housing and Urban Development (HUD) b. APPROPRIATE the $495, 000 Housing Choice Voucher Program Portability funds to provide rental subsidies c. TRANSFER $476,021 within the CDBG program and $431,219 within the HOME program re reallocation of Federal Funds S. Ordinance to ESTABLISH a Capital Improvement Project for repairs and renovations - Phase I, Grommet Island Park; and, ACCEPT and APPROPRIATE a donation of $144, 000 from the Virginia Gentlemen Foundation 6. Ordinance to AUTHORIZE the City Treasurer to charge a Customer Voluntary Fee, not to exceed four dollars ($4.00), to provide information re non- confidential tax bills 7. Ordinances to ACCEPT and APPROPRIATE Grants from the U. S. Department of Homeland Security for the Fire Department: a. $ 12, 000 re the Marine Team for personal protective equipment b. $ 32, 000 re the Haz-Mat Team for operational readiness April 10, 2012 -26- AGENDA REVIEW SESSION ITEM # 61758(Continued) c. $ 50,000 re the Heavy Tactical Rescue Team to replace and upgrade extrication tools d. $100, 000 re the Heavy Tactical Rescue Team training, equipment and exercise 8. Ordinance to TRANSER $54,490 from Instruction to Technology within the FY 2011-12 Schools Operating Budget ADD ON Resolution authorizing/directing the City Manager to execute an Amendment to the Special Order by Consent issued by the State Water Control Board September 26, 2007. Councilman DeSteph will ABSTAINfrom Item #la/b. Councilman DeSteph will vote verbal NAY on Item #3 Councilman Moss will vote verbal NAY on Items#la/b and #3, both with comments April 10, 2012 -z~- AGENDA REVIEW SESSION ITEM #61759 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: K. PLANNING Applications of CITY OF VIRGINIA BEACH (DISTRICT 2 - KEMPSVILLE DISTRICT): a. Chan~o Zoning District Classi acation, from R-7.5 Residential, (Historic Kempsville Overlay), O-2 Office (HK) and B-IA Limited Community Business (HK) to B-4K Historic Kempsville Area Mixed Use (HK) (Suburban Focus Area 3 HK) at 525 Kempsville Road, 404 and 414 Oakmears Crescent and 5233 Princess Anne Road b. Street Closure, portion of right-of--way of Princess Anne Road (formerly Oakmears Crescent) c. Street Closure, portion unimproved right-of--way of relocated Oakmears Crescent d. KEMPES VILLAGE, LLC for a Conditional Use Permit, to allow multi- family dwellings at 525 Kempsville Road, 404 and 414 Oakmears Crescent and 5233 Princess Anne Road e. Ordinance to DECLARE ten (10) acres at Lord Dunmore Drive and Kempsville Road as EXCESS and AUTHORIZE conveyance of same to Kempes Village Company LLC for development 2. Application of CITY OF VIRGINIA BEACH/PRINCESS ANNE ESTATE TRUST for a Change o Zoning District Classi ication from O-2 Office, (Historic Kempsville Overlay District) to B-4K, Historic Kempsville Area Mixed Use District at 5241 Princess Anne Road. (DISTRICT 2 - KEMPSVILLE DISTRICT) 3. Application of BEACH BOROUGH DEVELOPMENT, LLC for reconstruction ofa Nonconforming Use at 411 22nd Street (DISTRICT 6 - BEACHDISTRICT) 4. Application of FAITHHOUSE OF REFUGE for a Conditional Use Permit re a religious use and family life center at 4676 Princess Anne Road (DISTRICT 2 - KEMPSVILLEDISTRICT) S. Application of ROY R. and JOSIE B. BUNT for a Conditional Use Permit, for residential development at 1619 N. Muddy Creek Road (DISTRICT 7 - PRINCESSANNE DISTRICT) April 10, 2012 -28- AGENDA REVIEW SESSION ITEM #61759(Continued) 6. Application of VIRGINIA MUSEUM OF CONTEMPORARYARTS, to allow Roadside Guide Signs: (DISTRICT 6 - BEACHDISTRICT) a. Option 1-Applicant requests: 1) I-264 and Birdneck Road 2) Birdneck and Old Virginia Beach Roads, North bound 3) Birdneck and Old Virginia Beach Roads, South bound 4) 22"d Street at Pacific Avenzee S) North side of Laskin at Birdneck Road 6) South side of Laskin at Birdneck Road 7) South side of 22"d Street at Pacific Avenue 8) Parks Avenue at 22"d Street and I-264 West b. Option 2 -Staff Recommends: 1) North bound at Birdneck and Old Virginia Beach Roads 2) South bound at Birdneck and Old Virginia Beach Roads 3) South side of Laskin at Birdneck Road Item K.la/b/c/d/e and will be considered separately as there are speakers registered. Councilman Moss will vote verbal NAY on Item #2 Mayor Sessoms will ABSTAIN on Item #S. Councilman Uhrin requested to approve Item #6a, Option 1 Councilman Moss will vote a verbal NAY on Item #6a April 10, 2012 -29- ITEM#61760 Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(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) Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees Performance of Council Appointee PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). Acquisition/Disposition of City Property: Lynnhaven District April 10, 2012 -30- ITEM#61760 (Continued) Upon motion by Councilman Wood, seconded by Councilman DeSteph, City Council voted to proceed into CLOSED SESSION at S: 20 P.M. Voting: 8-0 Council Members Voting Aye: William R. "Bill "DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson. Council Members Voting Nay: None Council Members Absent.• Glenn R. Davis (stepped out) John D. Moss (stepped out) John E. Uhrin (stepped out) April 10, 2012 -31- 6: 00 P.M. Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, April 10, 2012, at 6: 00 P.M. Council Members Present.• Glenn R Davis, William R. Dyer, Barbara M. Henley, Mayor William D. James L. Wood. Council Members Absent: None FORMAL SESSION VIRGINIA BEACH CITY COUNCIL APRIL 10, 2012 Sessoms, Jr., John E. Uhrin, Rosemary Wilson and "Bill " DeSteph, Harry E. Diezel, Robert M. Vice Mayor Louis R. Jones, John D. Moss, INVOCATION: Reverend Rod Puckett, Pastor Avalon Hills Bible Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OFAMERICA 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. April 10, 2012 -32- Vice Mayor Jones DISCLOSED, for many years, he served on the. Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a `personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Dixon Hughes Goodman and is directly and indirectly involved in many of Dixon Hughes Goodman's transactions. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year, Dixon Hughes Goodman 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 ident~ing 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 10, 2012, 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.Ianuary 27, 2004, is hereby made a part of the record. April 10, 2012 -33- MAYOR'S COMMENTS ITEM #61761 Mayor Sessoms stated it was clear how lucky the City is to have citizens and First Responders running to the disaster and not away from it on Friday, April 6, 2012. It was amazing to see the Citizens that assisted as well as all of the First Responders, Fire and Rescue, EMS and Police doing a superb job. The training that has occurred over the years with the First Responders, as well as other local, state and federal agencies was put into action. On behalf of the Members of City Council, as well as all Citizens of Virginia Beach, "Thank You " to everyone involved. We are very proud of each of them. Mayor Sessoms advised he was contacted immediately by Admiral Harvey, Governor McDonnell, leadership of Oceana, Congressman Rigell and Senator Warner. The Navy assured Mayor Sessoms that two things will occur,- the cause of the crash and the individuals that have been displaced will be taken care of. The neighboring cities stepped up and helped tremendously. The City is very much appreciative. All of the years of training really paid off. The scene should have been chaotic but it was not and the entire event ran smoothly. The outpouring of generosity from the business community was tremendous. Approximately 616 City Employees and Volunteers were involved in about a 36 hour period. Everyone is thankful that no lives were lost. This was a traumatic event for the individuals that are displaced. The Navy and City of Virginia Beach will work diligently to take care of these individuals. The State Police were able to assist. The City was prepared for this disaster as a result of the training. It was a tremendous TEAM effort. April 1 D, 2012 -34- Item -VII-E CERTIFICATION ITEM #61762 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE 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.• I1-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 10, 2012 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 #61760 Page 29, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: 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. ~^-~ Rut odges Fraser, MMC City Clerk April 10, 2012 -35- Item -VII-F MINUTES ITEM #61763 Upon motion by Councilman Dyer, seconded by Councilman Davis, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of March 27, 2012. Voting: I1-0 Council Members Voting Aye: Glenn R. Davis, William R "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 10, 2012 -36- Item -VII-H.l PUBLIC HEARING ITEM #61764 Mayor Sessoms DECLARED A PUBLIC HEARING: INSTALLMENT PURCHASE AGREEMENT (ARP) 3400 Land of Promise Road Dianna Howard, 1057 Debaca Court, Phone: 721-5128, stated she is OPPOSED to this program. Due to the budget shortfall, this appropriation, or any future appropriations with this program, is needed. Ms. Howard would like this program to be suspended until the budget is in control. There being no other speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. April 10, 2012 -37- Item -VII-G ADOPTAGENDA FOR FORMAL SESSION ITEM #61765 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION April 10, 2012 -38- ADD-ON ITEM#61766 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED the request to ADD to the Consent Agenda: Resolution authorizing and directing the City Manager to execute, on behalf of the City of Virginia Beach, an Amendment to the Special Order by Consent issued by the State Water Control Board on September 26, 2007. Voting.• 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None April 10, 2012 -39- Item -VII-I ORDINANCES/RESOLUTIONS ITEM #61767 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, IN ONE MOTION, Items la/b, 2, 3, 4a/b/c, S, 6, 7a/b/c/d, 8 and the ADD-ON Resolution of the CONSENT AGENDA. Councilman DeSteph shall ABSTAIN and Councilman Moss shall vote a VERBAL NAY on Item 1 a/b ARP 3400 LAND OF PROMISE ROAD Councilman DeSteph stated his ABSENTION is every time the City Council considers an application under the Agriculture Reserve Program, as it increases the value of his agricultural property in that area. Councilman Moss stated his NAY vote is consistent with other issues as this is a discretionary expense. The City is only forecast to grow by three tenths of 1 % over the next five years and the money could be better spent on today's needs. Council Members DeSteph and Moss shall vote a VERBAL NAY on Item 3 AUTHORIZE extension of the TOWN CENTER Councilman Moss stated his NAY vote is because he believes the sooner the TowneCenter expansion is stopped, the debt is retired and all of that tax base is restored to the General Fund, the sooner the City can properly fund Public Safety and Schools without taxing the citizens. Voting.• 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None April 10, 2012 -40- Item -VII-I.1 a/b ORDINANCES/RESOLUTIONS ITEM #61768 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, BY CONSENT: Ordinances to AUTHORIZE acquisition of Agricultural Land Preservation (ARP) Easements to Donald H. and Diane F. Horsley at 3400 Land of Promise Road: a. $616,594 112.48 acres b. $484, 594 82.66 acres Voting.• 9-1 (By Consent) Council Members Voting Aye: Glenn R. Davis, 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: John D. Moss Council Members Absent.• None Council Members Abstaining: William R. "Bill " DeSteph April 10, 2012 1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 2 AGRICULTURAL LAND PRESERVATION EASEMENT AND 3 THE ISSUANCE BY THE CITY OF ITS CONTRACT 4 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 5 $616,594. (PROPERTY OF DONALD H. HORSLEY AND g DIANE F. HORSLEY) 7 8 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 9 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 10 presented to the City Council a request for approval of an Installment Purchase Agreement 11 (the form and standard provisions of which have been previously approved by the City 12 Council, a summary of the material terms of which is hereto attached, and a true copy of 13 which is on file in the City Attorney's Office) for the acquisition of the Development Rights 14 (as defined in the Installment Purchase Agreement) on certain property located in the City 15 and more fully described in Exhibit B of the Installment Purchase Agreement for a 16 purchase price of $616,594; and 17 18 WHEREAS, the aforesaid Development Rights shall be acquired through the 19 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 20 compliance with, the requirements of the Ordinance; and 21 22 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 23 purchase as evidenced by the Installment Purchase Agreement; 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 1. The City Council hereby determines and finds that the proposed terms and 29 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 30 Agreement, including the purchase price and manner of payment, are fair and reasonable 31 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 32 is hereby authorized to approve, upon or before the execution and delivery of the 33 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 34 balance of the purchase price set forth hereinabove as the greater of 2.0500% per annum 35 or the per annum rate which is equal to the yield on United States Treasury STRIPS 36 purchased by the City to fund such unpaid principal balance; provided, however, that such 37 rate of interest shall not exceed 5.0500% unless the approval of the City Council by 38 resolution duly adopted is first obtained. 39 40 2. The City Council hereby further determines that funding is available for the 41 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 42 the terms and conditions set forth therein. 43 44 3. The City Council hereby expressly approves the Installment Purchase 45 Agreement and, subject to the determination of the City Attorney that there are no defects 46 in title to the property or other restrictions or encumbrances thereon which may, in the 47 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 48 Manager or his designee to execute and deliver the Installment Purchase Agreement in 49 substantially the same form and substance as approved hereby with such minor 50 modifications, insertions, completions or omissions which do not materially alter the 51 purchase price or manner of payment, as the City Manager or his designee shall approve. 52 The City Council further directs the City Clerk to affix the seal of the City to, and attest 53 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 54 incurrence of the indebtedness represented by the issuance and delivery of the Installment 55 Purchase Agreement. 56 57 4. The City Council hereby elects to issue the indebtedness under the Charter 58 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 59 the indebtedness a contractual obligation bearing the full faith and credit of the City. 60 61 Adoption requires an affirmative vote of a majority of all members of the City 62 Council. 63 64 Adopted by the Council of the City of Virginia Beach, Virginia, on this 1 oth day of 65 April , 2012. CA12152 \\vbgov.com\DFS1 Wpplications\CityLawProd\cycom32\Wpdocs\D023\P013\00012044.DOC R-1 DATE: March 27, 2012 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~ Agriculture Department City Attorney's Office CERTIFIED AS TO AVAILABILITY OF FUNDS: Director of Finance 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT N0.2011-119 SUMMARY OF MATERIAL TERMS SELLER: HORSLEY, Donald H. and HORSLEY, Diane F. PROPERTY LOCATION: 3413 Land of Promise Road, Princess Anne District PURCHASE PRICE: $616,594 EASEMENT AREA: 112.48 acres, more or less DEVELOPMENT POTENTIAL: 11 single-family dwelling sites (9 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 2.0500% (actual rate to be determined when STRIPS are purchased prior to execution of IPA). Rate may not exceed 5.0500% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IPA date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of IPA. ake Line _. r -- ~_-~._w__ ~ ~ O ~ -t, ~ ~ _ _, _ - --s ~ __~..__ T ~ _ __ __ _._ _ O _.._ ~~ ~ ~„' QQ ~`' o -h CD D -v 7° _ __._._ __. _ -~~~ o ~ __. ._ - __ _. v • l ~rO/• N ~ ! , \i/ ~~'1~ 0 ~'~ ~ ', N O~Y - -- .. ._ u r _ __.. ~ O N --~ _ ___- - ~ N Road kwater ~ ~ glac ~ `~ C") .__...._.D_ _ _ ._ fU _ D _ __ w ,~ ~ -~ ,, Z -~ 1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 2 AGRICULTURAL LAND PRESERVATION EASEMENT AND 3 THE ISSUANCE BY THE CITY OF ITS CONTRACT 4 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 5 $484,594. (PROPERTY OF DONALD H. HORSLEY AND 6 DIANE F. HORSLEY) 7 8 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 9 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 10 presented to the City Council a request for approval of an Installment Purchase Agreement 11 (the form and standard provisions of which have been previously approved by the City 12 Council, a summary of the material terms of which is hereto attached, and a true copy of 13 which is on file in the City Attorney's Office) for the acquisition of the Development Rights 14 (as defined in the Installment Purchase Agreement) on certain property located in the City 15 and more fully described in Exhibit B of the Installment Purchase Agreement for a 16 purchase price of $484,594; and 17 18 WHEREAS, the aforesaid Development Rights shall be acquired through the 19 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 20 compliance with, the requirements of the Ordinance; and 21 22 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 23 purchase as evidenced by the Installment Purchase Agreement; 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 1. The City Council hereby determines and finds that the proposed terms and 29 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 30 Agreement, including the purchase price and manner of payment, are fair and reasonable 31 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 32 is hereby authorized to approve, upon or before the execution and delivery of the 33 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 34 balance of the purchase price set forth hereinabove as the greater of 2.8900% per annum 35 or the per annum rate which is equal to the yield on United States Treasury STRIPS 36 purchased by the City to fund such unpaid principal balance; provided, however, that such 37 rate of interest shall not exceed 5.8900% unless the approval of the City Council by 38 resolution duly adopted is first obtained. 39 40 2. The City Council hereby further determines that funding is available for the 41 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 42 the terms and conditions set forth therein. 43 44 3. The City Council hereby expressly approves the Installment Purchase 45 Agreement and, subject to the determination of the City Attorney that there are no defects 46 in title to the property or other restrictions or encumbrances thereon which may, in the 47 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 48 Manager or his designee to execute and deliver the Installment Purchase Agreement in 49 substantially the same form and substance as approved hereby with such minor 50 modifications, insertions, completions or omissions which do not materially alter the 51 purchase price or manner of payment, as the City Manager or his designee shall approve. 52 The City Council further directs the City Clerk to affix the seal of the City to, and attest 53 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 54 incurrence of the indebtedness represented by the issuance and delivery of the Installment 55 Purchase Agreement. 56 57 4. The City Council hereby elects to issue the indebtedness under the Charter 58 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 59 the indebtedness a contractual obligation bearing the full faith and credit of the City. 60 61 Adoption requires an affirmative vote of a majority of all members of the City 62 Council. 63 64 Adopted by the Council of the City of Virginia Beach, Virginia, on this 1 o t h day of 65 April , 2012. CA12 DFS1\Applications\CityLawProd\cycom32\Wpdocs\D023\P013\00012066.DOC R-1 DATE: March 27, 2012 APPROVED AS TO CONTENT: ~~, Agriculture Department APPROVED AS TO LEGAL SUFFICIENCY: City Attorne s Office CERTIFIED AS TO AVAILABILITY OF FUNDS: Director of Finance 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT N0.2011-115 SUMMARY OF MATERIAL TERMS SELLER: HORSLEY, Donald H. and HORSLEY, Diane F. PROPERTY LOCATION: 3400 Block of Land of Promise Road, Princess Anne District PURCHASE PRICE: $484,594 EASEMENT AREA: 82.66 acres, more or less DEVELOPMENT POTENTIAL: 8single-family dwelling sites (7 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 2.8900% (actual rate to be determined when STRIPS are purchased prior to execution of IPA). Rate may not exceed 5.8900% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IPA date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of IPA. C z ~ City of Chesapeake Line B~a~K`"d".. -- r 0 0 ~' c~ ~v 0 00 N a1 d'1 n CD O Q D ~~ fD 0 --~ N CD 89 90 That the City Clerk is hereby directed to transmit a copy of this resolution to 91 Congressman Rigell and Senators Warner and Webb. 92 93 Adopted by the City Council of the City of Virginia Beach, Virginia, thisloth 94 day of A Qr i 1 , 2012. APPROVED AS TO LEGAL SUFFICIENCY: ~~ ~~ City Attorney's Office CA12196 R-4 March 27, 2012 3 -42- Item -VII-L3 ORDINANCES/RESOLUTIONS ITEM #61770 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Resolution to AUTHORIZE extension of the Town Center Option Agreement for development of Phase IV Voting: 9-Z (By Consent) Council Members Voting Aye: Glenn R. Davis, 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: William R. "Bill " DeSteph and John D. Moss, Council Members Absent: Nane April 10, 2012 1 RESOLUTION APPROVING AN EXTENSION OF THE 2 TOWN CENTER OPTION AGREEMENT AND 3 RECOMMENDING THAT THE VIRGINIA BEACH 4 DEVELOPMENT AUTHORITY APPROVE THE 5 EXTENSION 6 7 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of 8 Virginia Beach Development Authority (the "Authority"), the City Manager and City 9 staff have engaged in extensive negotiations with representatives of Armada/Hoffler 10 Development Company, L.L.C. and its affiliates, regarding the continued 11 development of the Central Business District Project known as The Town Center of 12 Virginia Beach (the "Project"); 13 14 WHEREAS, the Project is a development arrangement between the Authority 15 and Town Center Associates, L.L.C. (the "Developer"), for amixed-use commercial 16 development, utilizing the structure of an economic development park in the B-3A 17 Pembroke Central Business Core District. The area is zoned to optimize 18 development potential for amixed-use, pedestrian-oriented, urban activity center 19 with mid-to-high-rise structures that contain numerous types of uses, .including 20 business, retail, residential, cultural, educational and other public and private uses; 21 22 WHEREAS, Phases I, II and III of the Project have been completed; 23 24 WHEREAS, on January 13, 2009, City Council approved the terms of a 25 development agreement for Phase IV of the Project; the development agreement 26 was executed by the City, the Authority and the Developer effective January 29, 27 2009 (the Development Agreement"); 28 29 WHEREAS, in addition to approving the Development Agreement, City 30 Council also approved the execution of other documents related to the 31 implementation of Phase IV of the Project (collectively, the "Phase tV Documents"); 32 33 WHEREAS, the Phase IV Documents included a modification to the existing 34 option agreement between the Authority and the Developer (the "Option 35 Agreement"), that sets forth the terms and conditions by which the Developer could 36 acquire the land from the Authority necessary for the construction of Phase IV (the 37 "Phase IV Land") and the remaining Authority-owned land in Town Center for future 38 development of the Project; 39 40 WHEREAS, the Development Agreement and the Option Agreement contain 41 certain deadlines pertaining to Phase IV of the Project; 42 43 WHEREAS, due to unforeseen economic circumstances, the development of 44 Phase IV as set forth in the Development Agreement is no longer possible and all 45 parties desire to allow the Phase IV Development Agreement to expire; 46 WHEREAS, the Developer has requested an extension of the deadline in the 47 Option Agreement from April 30, 2012 until April 30, 2015; and 48 49 WHEREAS, City Council is of the opinion that the deadline in the Option 50 Agreement should be extended to April 30, 2015 to allow the Developer time to bring 51 forth a new proposal for the development of Phase IV of the Project. 52 53 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 54 OF VIRGINIA BEACH, VIRGINIA; 55 56 1. The City Council approves the execution to a modification of the Town 57 Center of Virginia Beach Option Agreement between the City of Virginia Beach 58 Development Authority (the "Authority") and Town Center Associates, L.L.C. (the 59 "Developer") so long as such modification is consistent with the Summary of Terms 60 attached hereto as Exhibit A, and made a part hereof, and such other terms, 61 conditions or modifications as deemed necessary and sufficient by the City Manager 62 and in a form deemed satisfactory by the City Attorney. 63 64 2. The City Council requests and recommends that the Authority adopt a 65 resolution consistent with this Resolution. 66 67 Adopted by the Council of the City of Virginia Beach, Virginia, on the 10th 68 day of April , 2012. APPROVED AS TO LEGAL SUFFICIENCY AND City Attorney APPROVED AS TO CONTENT Economic Development APPROVED AS TO FUNDS AVAILABILITY Finance Department CA11980 V :\applications\citylawprod\cycom32\Wpdocs\D006\P004\00000226.DOC R-1 April 3, 2012 EXHIBIT A SUMMARY OF TERMS MODIFICATION OF THE TOWN CENTER OF VIRGINIA BEACH OPTION AGREEMENT Owner: City of Virginia Beach Development Authority (the "Authority"). Option Holder : Town Center Associates, L.L.C. ("TCA"). Option Land: Town Center Block 2 (Former Beacon Site) Town Center Block 9 (undeveloped block between the Westin Hotel and Cosmopolitan Apartments) 30' Strip of Town Center Block 11 running along Town Center Drive (Block 11 is the large surface parking lot directly east of the Cosmopolitan Apartments). Option Fee: Semi-annual fee equal to real estate taxes that would be payable if the Option Land was subject to taxation. Term of Option: Option must be exercised by April 30, 2015 Conditions Of Exercise: TCA can only exercise option i£ 1. TCA has paid when due all sums (either principal or interest) owing under the Authority's loan payable to Wells Fargo, having a current balance of $1,298,050.61; and 2. TCA has presented a plan for development of the Option Land to be acquired, which plan is acceptable to the City Council and the Authority; and 3. TCA has maintained the Option Performance Bond as required under the current Option Agreement. -43- Item -VII-I.4a/b/c ORDINANCES/RESOL UTIONS ITEM #61771 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinances re the Department of Housing and Neighborhood Preservation: a. AUTHORIZE the 2012 Housing Choice Voucher Annual Agency Plan, including the Revised Administrative Plan, and the City Manager to submit same to the US Department of Housing and Urban Development (HUD) b. APPROPRIATE the $495,000 Housing Choice Voucher Program Portability funds to provide rental subsidies c. TRANSFER $476,021 within the CDBG program and $431,219 within the HOME program re reallocation of Federal Funds Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None April 10, 2012 1 AN ORDINANCE TO ADOPT THE 2012 HOUSING CHOICE 2 VOUCHER ANNUAL AGENCY PLAN (INCLUDING 3 ADMINISTRATIVE PLAN REVISIONS) AND TO 4 AUTHORIZE THE CITY MANAGER TO EXECUTE AND 5 SUBMIT THE PLAN TO THE U.S. DEPARTMENT OF 6 HOUSING AND URBAN DEVELOPMENT 7 8 WHEREAS, the City's Department of Housing and Neighborhood Preservation 9 (DHNP) operates the federally-funded Housing Choice Voucher Program (HCVP) 10 formerly known as the Section 8 Program; and 11 12 WHEREAS, the U.S. Department of Housing and Urban Development (HUD) 13 requires agencies that operate HCV programs to submit (1) an Annual Plan for each 14 fiscal year in which DHNP receives federal funding for its HCVP, and (2) a revised 15 Administrative Plan as applicable; and 16 17 WHEREAS, the purpose of the Annual Plan is to update HUD on the DHNP's 18 progress in achieving the goals stated in the five-year plan; and 19 20 WHEREAS, the purpose of the Administrative Plan is to describe in detail the 21 operational procedures of the HCVP in DHNP; and 22 23 WHEREAS, as required by HUD, DHNP has prepared the Annual Agency Plan 24 and certain Administrative Plan revisions; and 25 26 WHEREAS, the DHNP is also required by HUD to include a certification in the 27 Annual Plan demonstrating DHNP's compliance with applicable laws, rules and 28 regulations in order to continue to operate the HCVP; and 29 30 WHEREAS, executive summaries of the Annual Plan and Administrative Plan 31 revisions are attached hereto, and a copy of both Plans are on file with the City Clerk. 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 34 VIRGINIA BEACH, VIRGINIA: 35 36 DHNP's Annual Plan and Administrative Plan revisions for the Housing Choice 37 Voucher Program are hereby ratified and adopted, and the City Manager is hereby 38 authorized and directed to execute and submit the Annual Plan to the U.S. Department 39 of Housing and Urban Development. 40 41 Adopted by the Council of the City of Virginia Beach, Virginia on the 1 o th day of 42 April , 2012. APPROVED AS TO CONTENT: '; D t of ousing & Neigh rhood Preservation CA12226 R-1 March 23, 2012 APPROVED AS TO LEGAL SUFFICIENCY: ~'~ City Attorney's Offic Executive Summary 2012 Housing Choice Voucher Plans -Annual Plan Update and Administrative Plan Amendment Department of Housing and Neighborhood Preservation April 10, 2012 Federally-Required Plans for the Housing Choice Voucher Program The Virginia Beach Department of Housing & Neighborhood Preservation (VBDHNP) operates the Housing Choice Voucher Program (HCVP). This program provides funding for rental subsidies to nearly 2,000 households in Virginia Beach and, in some cases, in neighboring cities through the use of cooperative agreements for project-based housing developments. The U.S. Department of Housing and Urban Development funds this program and requires grantees to create and adopt the following plans: Plan Name Summary Purpose and Status Content J=ive Year Provides long term This plan was developed Agency''Plan guidance for the program and adopted by Council in 2010 Annual Agency Describes the agency's Developed by staff and Plan Update plan for the current year, proposed for adoption by consistent with the five Council with this year plan ordinance Administrative Describes in detail how Amendments have been Plan the HCV program will developed by staff and operate are proposed for adoption by Council with this ordinance Additional Detail on Plan Contents Five Year Agency Plan: This plan provides the long-term direction for the agency in operating the HCV program. No changes to this plan are proposed at this time. Annual Agency Plan Update: This plan must be submitted annually. As a HUD designated High-Performing Agency that operates only the Housing Choice Voucher Program, VBDHNP is only required to submit a streamlined Annual Agency Plan Update that does not contain the level of detail required in the past. Executive Summary 2012 Housing Choice Voucher Plans -Annual Plan Update and Administrative Plan Amendment Department of Housing and Neighborhood Preservation April 10, 2012 However, the Annual Agency Plan Update does contain a summary of progress in meeting the strategic goals as stated in the Five Year Plan. On February 13, 2012, the Annual Plan Update was made available to the public for the required 45-day review period. At a meeting on February 27, 2012, the Plan Update was reviewed with the Resident Advisory Board, which is comprised of participants in the Virginia Beach Housing Choice Voucher program. A public hearing was held on March 30, 2012, and all comments received have been considered for inclusion in the final Plan Update. The approved Annual Agency Plan Update and the two required certifications must be electronically submitted to HUD not later than 75 days before the beginning of the city's July 1, 2012 fiscal year. Therefore, the Annual Plan Update is due on April 15, 2012. Housing Choice Voucher Program Administrative Plan: Staff has developed the following revisions to the plan for 2012: • Changes in our Housing Quality Standards Inspections policy to clarify the abatement process for units that fail the annual HQS inspection. The scheduled date of rent abatement will be included on the Property Inspection Report, and abatement will be scheduled to occur on the first of the month following the allowable correction period if the required corrections have not been completed and verified by that date. This process will provide the owner with at least 30 days notice of cessation of rental subsidy payments. • Includes a threshold for prosecuting fraud involving unreported income. Failure to accurately report income results in excessive rental subsidy payments. Persons determined to have willfully underreported income may enter into a repayment agreement for a period of up to 36 months. Amounts in excess of $5,000 will result in immediate termination from the Housing Choice Voucher Program and referral to the City Attorney for criminal prosecution. Requirements implemented by HUD Notice PIH 2012-10 (HA), Issued February 14, 2012, which no longer requires verification of social security information from participants as of January 10, 2012 who have previously been verified, as well as certain other individuals, including senior citizens, and those persons without eligible immigration status who are ineligible for assistance. 2 Executive Summary 2012 Housing Choice Voucher Plans -Annual Plan Update and Administrative Plan Amendment Department of Housing and Neighborhood Preservation April 10, 2012 • Several minor format, grammatical, and organizational corrections. Council approval is required for any revisions to the Administrative Plan. Once approved, the revised Administrative Plan will be made available for review, upon request, to Housing Choice Voucher Program participants and the general public. 3 z O rt a K n 0 r m m r~ 0 (D k b r- N n rt tr' m w H N 0 N o tr' m~ a r- N- tr' (D N~ ~a n rt r- NK ~ a fD ~ a a. n m 0 rt M a rt N (D O r' 0 N p rf rn ~~ a ~a H~ u, a N Q, ~~ a C I 'TJ H W ~ t" H~ a ~ [rJ ~! N I d C' M I Z O M I .. ~ r- ~ H a I •• I rt ~ ~oN I N ~0 I \ ~D ~i N I lp Ul I \ O y I N ,~ I N I I I n 0 0 0 H z n x ro W C H x d 0 z 0 N O :`ma ~ . 'v `~~~': y ~,, C G ~: gym F ~, " v ~ - ~, ` ~ O .~Y~~~, ~j C m b'NCtnn CC~a y rt N r- ~ r- r- r• ~• ~ ~' wm--nrnrtnn a.r- rr p W rn r•w iq m ~ m !D H r- O (D r- r- ~' ab~p~mppcoa~. 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G y~~ °" m m y? g ~ o z ~ O ? 9 ~-O n (p~~ ~ VN pp ~ ~ 6 ~ O ~ r w ,,,~ w ~ ~? ~ o ~, ro m Y^~ o N~~~ w = m ~ ~ ~ ~= m m ~ D Oa ~ r 0 w ~'°° N ~ 'D ~° ~ °' Ss' m o z o y .ag c~'~a nvoams ~ x 3 -~~;~~ ~a3N I~~_ • , _. ~ 7 ws~ooo f ~ ~ z ~ v ~ N S N O ~ ;~~~ a _ 3- A lD Vi ~ a~ a N O ~ 7 n . , 3 aY ~ °° ~ x o i ~ ~ ~: ~ a ~v~ m m ~~ o C5. ~ °°~~ ol ~ ° _ ~7~ o CfC ~=. ~ 2 ; ~-0 2 ~.~ o c~ x a 3 O N~ ~ ' ' ' 9~ Q O m ~ i„• Hvm ?: r m w3 o J ~ HzM m l7ot] W C 'TJ C m HoH l~ Hx~ ~ ~ z CH roHy C~~z Hzro nHr Y~O H ~-3 H 0 z Summary of Progress in Meeting Strategic Goals FI' 2012 Annual Plan Update The Virginia Beach Department of Housing and Neighborhood Preservation (VBDHNP) hereby reports the following progress in achieving the strategic goals outlined in the Five Year Plan. • Goal: Expand the Supply of Assisted Housing During the past year VBDHNP has partnered with the Virginia Beach Community Development Corporation to develop 32 units of housing for families. Cedar Grove Apartments will be the first affordable, permanent rental housing development for disabled and/or homeless military veterans in Virginia Beach. It will consist of 28 one- bedroom units and 4two-bedroom units, all fully furnished. 16 units will be fully handicapped accessible. The result of a joint venture between several cities in the Hampton Roads area, Heron's Landing, a 60-unit SRO development, is currently under construction and is due to begin occupancy in December 2012. Each participating jurisdiction will provide project based voucher funding to secure affordable housing for low-income area families. VBDHNP will enter into agreements with qualified local housing development organizations for future project-based housing units, utilizing the maximum number of vouchers allowed under our current allocation. This effort will eventually result in a total of 394 new or substantially rehabilitated affordable housing units on scattered sites throughout the City and neighboring communities. During 201 1, we received an allocation of vouchers under the HUD VASH Program and provided subsidized lease housing for approximately 60 homeless and/or disabled veterans and their families. We anticipate receiving an addition 50 vouchers by the end of FY 201 1, and will work closely with the Hampton VA Medical Center staff to ensure that veteran families are provided needed housing assistance as expeditiously as possible. We will continue to apply for additional VASH Program vouchers as funding opportunities become available. • Goal: Improve the Quality of Assisted Housing VBDHNP has continued to ensure the quality of assisted housing through ongoing, timely inspections of assisted housing units and enforcement of Section 8 Housing Quality Standards and city property maintenance codes and ordinances. In addition, we work closely with housing developers receiving financial assistance through project- based and other local resources to encourage the use of state-of the art, green design and building techniques, energy efficient lighting and appliances, and high quality construction. VBDHNP FY 2012 Annual Plan Update During the spring, we will conduct quarterly housekeeping classes for program participants to provide them with tools and information on how to better maintain their assisted dwelling units, and to ensure that their units pass annual inspections on the first scheduled inspection visit. • Goal: Increase Assisted Housing Choices All participants are advised of the portability features of the Housing Choice Voucher Program, the number of families moving into Virginia Beach has increased slightly over the previous year. We conduct owner outreach to encourage program participation, and during 2012, we will conduct owner outreach workshops and seminars on a quarterly basis at strategic locations throughout the city. Using funds provided through the HOME program, we offer Tenant Based Rental Assistance and a Rental Security Deposit prob am to enable eligible families obtain assisted housing in advance of the availability of housing choice vouchers. Under this program, a family may receive housing aid up to two years, during which time either self sufficiency will be achieved, or housing vouchers may be provided. • Goal : Improve Community Quality of Life and Economic Vitality The Rental Housing Division of VBDHNP continues to work closely with the municipality's Code Enforcement Division to improve the conditions in the various neighborhoods within which our clients live. The department recently entered into an MOU with the Hampton Roads Veteran's Collaborative to provide direct financial assistance and support services for low-income veteran families, with and without dependents, in danger of becoming homeless or literally homeless in Norfolk, Virginia Beach, Chesapeake, Portsmouth, Suffolk, Franklin, Southampton County and Isle of Wight County. • Goal: Promote Self-Sufficiency and Asset Development of Assisted Households VBDHNP operates an active Family Self Sufficiency Program and encourages clients to participate in a variety of seminars, training sessions and workshops designed to increase knowledge and improve skills in the areas of employment, education, and financial literacy. The FSS Program currently serves 55 families, and our goal for 2012 is to reach an enrollment of 100 families. We are also exploring the feasibility of establishing a Section 8 Homeownership Program to take advantage of the current reduction in housing prices and interest rates. Anew program developed by the State of Virginia is being explored which will provide matching funds to escrow deposits, thus enabling families to accumulate the necessary funds for down payments on affordable single-family, townhomes, and condominium units. • Goal: Ensure Equal Opport;:nity in uousing f'or All 2 VBDHNP FY 2012 Annual Plan Update VBDHNP continues to operate an aggressive fair housing program. All agency staff and participating landlords are required to attend annual certification training. • Goal: Improve Efficiency Through Continued Improvement in Software and Automation VBDHNP's HUD-approved software continues to provide up-to-date rent reasonableness data and utility allowance analysis, resulting in greater accuracy in determining the appropriate amount of financial assistance for our clients. Just prior to the beginning of FY 2012, all computer equipment will be updated for each staff person, and our current HCV data base management software, Housing Pro, will be updated by the software vendor. This latest update will increase economy, accuracy, and efficiency in maintaining and reporting client data to HUD and local government entities. Other accomplishments during the year: - Achieved status as a High Performing Agency under the Section 8 Management Assessment Program - Maintained program utilization targets of 98% expenditure of budget authority in providing direct services to clients - Amended the Administrative Plan - Assisted over 250 clients in the HPRP Program with case management services through initiatives to reduce homelessness in Virginia Beach - Modified the housing preference system to ensure that the most highly disadvantaged families receive assistance J VBDHNP FY 2012 Annual Plan Update U.S. Department of Housing and Urban OMB No. 2577-0226 PHA Annual Plan Development Expires 8/30/2011 Update FY 2012 Office of Public and Indian Housing 1.0 PHA Information PHA Name: Virginia Beach Department of Housing & Neighborhood Preservation (VBDHNP) PHA Code: VA039 PHA Type: ^ Small ®High Performing ^ Standard ®HCV (Section 8) PHA Fiscal Year Beginning: (MM/YYYY): 007/01/2012 I 2.0 Inventory (based on ACC units at time of FY beginning in 1.0 above) Number of PH units: Number of HCV units: l 973 3.0 Submission Type ^ 5-Year and Annual Plan ®Annual Plan Only ^ 5-Year Plan Only 4.0 pHA Consortia ^ PHA Consortia: (Check box if submitting a joint Plan and complete table below.) No. of Units in Each Participating PHAs PHA Program(s) Included in the Programs Not in the pro am Code Consortia Consortia pH HCV PHA l: PHA 2: PHA 3: -Year Plan. Complete items 5.1 and 5.2 only at 5-Year Plan update. 5.0 Not Applicable 5.1 Mission. State the PHA's Mission for serving the needs oflow-income, very low-income, and extremely ]ow income families in the PHA's jurisdiction for the next five years: Not Applicable 5.2 Goals and Objectives. Identify the PHA's quantifiable goals and objectives that will enable the PHA to serve the needs of low- ~ income and very ]ow-income, and extremely low-income families for the next five years. Include a report on the progress the PHA has made in meeting the Goals and objectives described in the previous 5-Year Plan. !~ li ', Not Applicable -See PHA Five -Year Plan Page 1 of 4 form HUD-5007_5 (4/2008) 6.0 PHA Plan Update (a) Identify all PHA Plan elements that have been revised by the PHA since its last Annual Plan submission: There have been no revisions to the PHA Plan elements since its last Annual Plan submission. (b) Identif}~ the specific location(s) where the public may obtain copies of the 5-Year and Annual PHA Plan. For a complete list of PHA Plan elements, see Section 6.0 of the instructions. All locations are in the City of Virginia Beach Rental Housing Division Office Bayslde Special. Ser~-:ice I1il;ran~ 2424 Courthouse Drive, Bldg. 18-A 936 Independency Boulevard Great Neck Area Library Oceanfront Area Library 1251 Bayne Drive 700 Virginia Beach Blvd. Meyera E. Oberndorf Central Library Princess Anne Area Library 4100 Virginia Beach Blvd. 1444 Nimmo Parkway Pungo-Blackwater Library South Rosemont Youth Library 916 Princess Anne Road 1503 Competitor Court Wahab Public Law Library Windsor Woods Area Library 2425 Nimmo Parkway 3612 South Plaza Trail Kempsville Area Library 832 Kempsville Rd. 7.0 i ~ Hope VI, Mixed Finance Modernization or Development, Demolition and/or Disposition, Conversion of Public Housing, Homeownership Programs, and Project-based Vouchers. Include statements related to these programs as applicable. Not Applicable 8.0 Capital Improvements. Please complete Parts 8.1 through 83, as applicable. Not Applicable 8.1 Capital Fund Program Annual Statement/Performance and Evaluation Report. As part of the PHA 5-Year and Annual Plan, annually complete and submit the Capital Fund Program Annual Statement/Performance and Evaluation Report, form HUD- 50075.1, for each current and open CFP grant and CFFP financing. Not Applicable 8.2 Capital Fund Program Five-Year Action Plan. As part of the submission of the Annual Plan, PHAs must complete and submit the Capital Fund Program Five-Year Action Plan, form HUD-50075?, and subsequent annual updates (on a rolling basis, e.g., drop current year, and add latest year for a five year period). Large capital items must be included in the Five-Yeaz Action Plan. I Not Applicable ~, 8•-~ Capital Fund Financing Program (CFFP). ^ Check if the PHA proposes to use any portion of its Capital Fm1d Program (CFP)rReplacement Housing Factor (RHF) to repay debt incurred to finance capital improvements. ~ Not Applicable Page 2 of 4 form HUD-50075 (4/2008) 9.0 Housing Needs. Based on information provided by the applicable Consolidated Plan, information provided by HUD, and other ~~enerally available data, make a reasonable effort to identify the housing needs of the low-income, very low-income, and extremely low-income families who reside in the jurisdiction served by the PHA, including elderly families, families with disabilities, and households of various races and ethnic groups, and other families who are on the public housing and Section 8 tenant-based assistance waiting lists. The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. Housing Needs of Families on the VBDHNP Waiting Lists Families with Children 335 76.8% Elderly Families 7 7.0% Families with Disabilities 0 0% Other 94 21.6% Extremely Low Income 204 46.8% Very Low Income 87 19.9% Low Income 145 33.3% Hispanic 13 3.0% Non-Hispanic 423 97.0% Black 365 83.7% White 56 12.8% Other 2 .5% Needs by Bedroom Size: 0 1 2 3 4 5 # Families 1 204 164 62 4 1 Percentage ?% 46.9% 37.6% 14.2% .9% .2% Housing Needs of Families in the Jurisdiction by Famil Ty e Famlly Type Overall Afford- ability Supply Quality Access- ability Size Location Income <= 30% of AMI 9,190 ~ 5 4 3 2 3 Income >30% but <=50% of AMI 10,670 5 5 4 3 3 3 Income >50% but <80% of AMI 24,100 4 3 4 4 2 Elderly N/A 4 4 4 3 2 3 Families with Disabilities N/A 4 4 4 3 3 3 Race/Ethnicity N/A Race/Ethnicity Race/Ethnicity Race/Ethnicity Also, please see Attached City of Virginia Beach FY 2010-2015 Consolidated Strategy and Plan Citizen Needs Survey. The VBDHNP is in the process of purging the remaining waiting lists and intends to open the waiting list for Section 8 in March 2012. Page 3 of 4 form HUD-50075 (4/2008) ~ 9.1 Strategy for Addressing Housing Needs. Provide a brief description of the PHA's strategy for addressing the housing needs of families in the jurisdiction and on the waiting list in the upcoming year. Note: Small, Section 8 only, and High Performing PHAs complete only for Annual Plan submission with the 5-Year Plan. Not Applicable -See Five-year PHA Plan 10.0 Additional Information. Describe the following, as well as any additional information HUD has requested. (a) Progress in Meeting Mission and Goals. Provide a brief statement of the PHA's progress in meeting the mission and goals described in the 5-Year Plan. See Attached Summary of Progress in Meeting Strategic Goals (b) Significant Amendment and Substantial Deviation/Modification. Provide the PHA's definition of "significant amendment" and "substantial deviation/modification" The VBDHNP defines substantial deviations and significant amendments or modifications as any change in policy that significantly and substantially alters VBDHNP's stated mission of providing housing services to low-income families and individuals. Discretionary or administrative amendments consistent with VBDHNP's overall mission and basic objectives will not be considered substantial deviations or significant modifications. There were no substantial deviations or significant amendments or modifications during the program year. ', 11.0 Required Submission for HUD Field Office Review. In addition to the PHA Plan template (HUD-50075), PHAs must submit the following documents. Items (a) through (g) may be submitted with signature by mail or electronically with scanned signatures; but electronic submission is encouraged. Items (h) through (i) must be attached electronically with the PHA Plan. Note: Faxed copies of these documents will not be accepted by the Field Office. (a) Form HUD-50077, PHA Certifications of Compliance with the PHA Plans and Related Regulations (which includes all certifications relating to Civil Rights) (b) Form HUD-50070, Certif cation for aDrug-Free Workplace (PHAs receiving CFP grants only) (c) Form HUD-50071, Certif cation of Payments to Influence Federal Transactions (PHAs receiving CFP grants only) (d) Form SF-LLL, Disclosure of Lobbying Activities (PHAs receiving CFP grants only} (e) Form SF-LLL-A, Disclosure of Lobbying Activities Continuation Sheet (PHAs receiving CFP grants only) (f) Resident Advisory Board (RAB) comments. Comments received from the RAB must be submitted by the PHA as an attachment to the PHA Plan. PHAs must also include a narrative describing their analysis of the recommendations and the decisions made on these recommendations. (g) Challenged Elements (h) Form HUD-50075.1, Capital Fund Program Annual Statement/Performance and Evaluation Report (PHAs receiving CFP grants only) (i) Form HUD-50075.?, Capital Fund Program Five-Year Action Plan (PHAs receiving CFP grants only) Page 4 of 4 form HUD-50075 (4/2008) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 AN ORDINANCE TO APPROPRIATE HOUSING CHOICE VOUCHER PROGRAM PORTABILITY FUNDS TO THE FY 2011-12 OPERATING BUDGET OF THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $495,000 is hereby appropriated, with miscellaneous revenue increased accordingly, to the FY 2011-12 Operating Budget of the Department of Housing and Neighborhood Preservation to provide rental subsidies through the Housing Choice Voucher program. Adopted by the Council of the City of Virginia Beach, Virginia, on the loth day of April , 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: Q_ Management Services APPROVED AS TO LEGAL SUFFICIENCY: ,~.... _ . rn 's ffice __- CA12240 R-1 March 27, 2012 1 AN ORDINANCE TO AMEND THE FY 2011-12 2 OPERATING BUDGET OF THE DEPARTMENT OF 3 HOUSING AND NEIGHBORHOOD PRESERVATION 4 AND THE CURRENT ANNUAL FUNDING PLAN FOR 5 THE USE OF FEDERAL FUNDS 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 1. That the Department of Housing and Neighborhood Preservation's FY 2011- 11 12 Operating Budget is amended by the amounts and purposes set forth 12 below: 13 14 a. $476,021 is hereby transferred within the Community Development 15 Block Grant Program to maximize the provision of various housing 16 services; and 17 18 b. $431,219 is hereby transferred within the Federal HOME program to 1 g maximize the provision of various housing services. 20 21 2. That the City Manager is hereby authorized and directed, as the executive 22 and administrative head of the City, to submit an amendment to the adopted 23 FY 2011-12 "Annual Funding Plan for the Use of Federal Funds" in 24 accordance with this ordinance, as well as any such additional information as 25 may be required, to the Department of Housing and Urban Development to 26 permit the review and approval of this amendment. Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day of April , 2012. APPROVED AS TO CONTENT: V' .. ~. / J Management Services APPROVED AS TO LEGAL SUFFICIENCY: ~_~1/l "~ rr~;i~y'~ Office CA 12244 R-1 March 29, 2012 Attachment - Summary of Proposed Changes ~- Funds used for Servicing of Loans, Financial Services $(12,896) a ro riation in excess of need. Home Rehabilitation Pro ram $ 11,440 Funds in Excess of Need The Section 108 Loan Guarantee program Section 108 Loan Program $(186 418) was not approved; therefore, we do not have Repayment , a payment to make. These funds are being reallocated. These funds were excess from previous year Previous Years Excess Operating $(265,267) allocations. They are being reallocated as Funds a ro riate. CDBG Funds to Reallocate $(476,021) Increased consumer demand for this program Emergency Home Repair $230,580 re uired an increase of funds for this ro'ect. Funds were initially committed from a Section 108 Loan which was not approved. We are CDBG Home Rehabilitation $239,057 using reallocated funds to make up the difference for this ro ram. Relocation Pro ram $6 384 Funds for 0 tional Relocation Pro ram CDBG Funds Reallocated $476,021 - ~ ~ ~ • ~. ~- . ~ • . Administrative funds unused in prior years Prior Year Admin Funds $(31,012) are bein reallocated. Project complete, reallocating balance of Reconstruction Program $(65,876) funds. Due to reduction in HOME funds along with 1~ Time Home Buyers $(145,091) new SAFE Act requirements, this program is Program infeasible. Funds are bein reallocated. Project has been slow in getting started. New Habitat for Humanity 30,000 $( ) ro'ect fundin is in review for Habitat. Project opposed by residents and withdrawn by Kempes Village Project $(159,240) develo er. Funds bein reallocated. HOME Funds to Reallocate $(431,219) Funds initially committed from a Section 108 HOME Home Rehabilitation $274,845 Loan which is not going through. Utilizing reallocated funds to continue ro ram. Acq/Rehab for Affordable 925 $150 Additional funds provided to continue to grow Housin SVHC CHDO , base of affordable housin in Vir inia Beach. Cedar Grove Acq/Rehab SVHC $5 449 Additional funds to provide for Environmental ~ CHDO , ect. Assessment of Pro HOME Funds Reallocated $431,219 -44- Item -VII-I.S ORDINANCES/RESOL UTIONS ITEM #61772 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinance to ESTABLISH a Capital Improvement Project for repairs and renovations - Phase I, Grommet Island Park; and, ACCEPT and APPROPRIATE a donation of $144, 000 from the Virginia Gentlemen Foundation Voting.• 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 10, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE TO ESTABLISH CIP #4-520, "GROMMET ISLAND PARK REPAIRS & RENOVATIONS -PHASE I," AND TO ACCEPT AND APPROPRIATE DONATED FUNDS FROM THE VIRGINIA GENTLEMEN FOUNDATION TO CIP #4-520 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That CIP #4-520, "Grommet Park Renovations," is hereby established in the FY 2011-12 Capital Budget; and 2. That $144,000 is hereby accepted from Virginia Gentlemen Foundation and appropriated, with miscellaneous revenue increased accordingly, to CIP #4-520. Adopted by the Council of the City of Virginia Beach, Virginia on the loth day of April , 2012. Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content: Managemen Services Approved as to Legal Sufficiency: ..---°- / ~~ 1 ,-~/~ !J'J{ Ci or Office _. CA12238 R-1 March 27, 2012 February 24, 2012 Ms. Cindy Curtis Deputy City Manager 2401 Courthouse Drive City Hall, Building #1 Municipal Center Virginia Beach, VA 23456 Re: Endowment Fund - JT's Grommet Island Beach Park & Playground for EveryBODY Dear Ms. Curtis, Please accept this letter and check for $114,000.00 as the fulfillment of the JTWALK's pledge to fund a $150,000.00 endowment for JT`s Grommet Island Beach Park & Playground for EveryBODY, located at 1St Street in Virginia Beach. Since its grand opening in 2010, JT's Grommet Island has been a shining example of what a compassionate community can da when we work together. Grommet island has been a huge success and is an example for all seaside communities to fallow. We would like to commend you and Mr. Brian Solis for the tremendous amount of work that you all have committed to this project. Without your dedication this project would never have come to fruition. The following is an installment breakdown of the $150,000.00 endowment: Initial Endowment Gift, May 20].0 _ $30,000.00 "Anticipation" Statue Refurbishment, August 2011 (Directly Funded by VA Gentlemen Foundation) $6,000.00 Endowment Gift, February 2012 $114,000.00 Tata! Endowment Gift to Date $154,000.00 To ensure the safekeeping of this endowment and our responsibility to donors, the JTWALK respectfully requests to be provided annual updates on any expenses incurred or deducted from the JT Grommet Island Endowment Fund. It is our desire to earmark this fund solely for the preservation of JT's Grommet Island through equipment replacement and enhanced services above and beyond standard city park care. Specifically, maintaining park attendant staffi from May The Virginia Gentlemen Foundation, Inc. 2420 Atlantic Avenue, Suite 201 Virginia Beach, VA 23451 Phone 757.368.1944 Fax 757.417,6577 through September, ongoing maintenance and preservation of the "Anticipation" statue, park equipment and signage, and, when possible, expanding Grommet Island with additional elements that would further enhance visitors' experiences by offering fresh, new components. It has been a pleasure working with you on this project. We look forward to working with you soon on future endeavors that are sure to enhance our beloved city. Regards, ,,,,,.~ i _.... M. Benjamin Davenport Chairman, The Virginia Gentlemen Foundation Cc: Mayor Will 5essoms Cc: Mr. James Spore Cc: Mr. Bruce Thompson Cc: The Virginia Gentlemen Foundation Board of Directors The Virginia Gentlemen Foundation, Inc, 2420 Atlantic Avenue, Suite 201 Virginia Beach, VA "L3451 Phone 757.368,1944 Fax 757.417.6577 -45- Item -VII-L 6 ORDINANCES/RESOL UTIONS ITEM #61773 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE the City Treasurer to charge a Customer Voluntary Fee, not to exceed four dollars ($4.00), to provide information re non-confidential tax bills Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 10, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 AN ORDINANCE TO AUTHORIZE THE CITY TREASURER TO CHARGE A FEE FOR ADDITIONAL SERVICES WHEREAS, the City Charter provides that the City Council may establish and collect fees for the rendering of special services; WHEREAS, the City Treasurer responds to telephone and in-person requests from citizens for information related to tax bills at no direct cost to the citizen; WHEREAS, certain businesses and persons ("High Volume Customers") have asked the City Treasurer to provide a higher level of service in response to inquiries related to non-confidential tax bills; WHEREAS, the High Volume Customers have indicated a willingness to voluntarily pay for the costs associated with this increased level of service; and WHEREAS, the Office of the City Treasurer seeks to have fees imposed upon its High Volume Customers in an amount to pay for the costs associated with providing these additional services. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Office of the City Treasurer is hereby authorized to undertake a program wherein certain customers voluntarily agree to pay a fee not-to-exceed four dollars ($4.00) in exchange for a representative of the Office of the City Treasurer to provide information related to non-confidential tax bills. Adopted by the Council of the City of Virginia Beach, Virginia, on the loth day of APril , 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: p /!~ ~ Treasurer's Office ~ City Atto ffice CA12229 R-2 March 27, 2012 -46- Item -VII-L 7 ORDINANCES/RESOLUTIONS ITEM #61774 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinances to ACCEPT and APPROPRIATE Grants from the U. S. Department of Homeland Security for the Fire Department: a. $12, 000 re the Marine Team for personal protective equipment b. $32, 000 re the Haz-Mat Team for operational readiness c. $S0, 000 re the Heavy Tactical Rescue Team to replace and upgrade extrication tools d. $100, 000 re the Heavy Tactical Rescue Team training, equipment and exercise Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None April 10, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY FOR THE FIRE DEPARTMENT MARINE TEAM BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $12,000 in grant funding is hereby accepted from the U.S. Department of Homeland Security through the Virginia Department of Emergency Management and appropriated, with estimated federal revenue increased accordingly, to the FY 2011-12 Operating Budget of the Fire Department to purchase equipment for the Marine Team; 2. That the required match will be provided by Aid to Localities funding previously appropriated by Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the 10th day of April , 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT ~.- - Management Services APPROVED AS TO LEGAL SUFFICIENCY: ~. /:,,: ~. C' ' ~ r ice CA12231 R-1 March 21, 2012 1 2 3 4 5 6 7 8 9 10 11 12 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM THE U. S. DEPARTMENT OF HOMELAND SECURITY FOR THE FIRE DEPARTMENT HAZ MAT TEAM BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $32,000 in grant funding is hereby accepted from the U.S. Department of Homeland Security through the Virginia Department of Emergency Management and appropriated, with estimated federal revenue increased accordingly, to the FY 2011-12 Operating Budget of the Fire Department to purchase equipment. Adopted by the Council of the City of Virginia Beach, Virginia, on the loth day of April , 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: ~ a Management Services APPROVED AS TO LEGAL SUFFICIENCY: .. tt Office CA12230 R-1 March 20, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM THE U. S. DEPARTMENT OF HOMELAND SECURITY FOR THE FIRE DEPARTMENT HEAVY TACTICAL RESCUE TEAM BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $50,000 in grant funding is hereby accepted from the U.S. Department of Homeland Security through the Virginia Department of Emergency Management and appropriated, with estimated federal revenue increased accordingly, to the FY 2011-12 Operating Budget of the Fire Department to replace and upgrade extrication tools for the Heavy Tactical Rescue Team. Adopted by the Council of the City of Virginia Beach, Virginia, on theloth day of April , 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT Management Services APPROVED AS TO LEGAL SUFFICIENCY: ~, .. r y ffice CA12232 R-1 March 21, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM THE U. S. DEPARTMENT OF HOMELAND SECURITY FOR THE FIRE DEPARTMENT HEAVY TACTICAL RESCUE TEAM BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $100,000 in grant funding is hereby accepted from the U.S. Department of Homeland Security through the Virginia Department of Emergency Management and appropriated, with estimated federal revenue increased accordingly, to the FY 2011-12 Operating Budget of the Fire Department for construction of a regional trench rescue training prop for the Heavy Tactical Rescue Team. Adopted by the Council of the City of Virginia Beach, Virginia, on the loth day of April , 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: ' ~- Management Services APPROVED AS TO LEGAL SUFFICIENCY: ` / .. r ice CA12233 R-1 March 21, 2012 -47- Item -VII-L8 ORDINANCES/RESOLUTIONS ITEM #61775 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinance to TRANSER $54,490 from Instruction to Technology within the FY 2011-12 Schools Operating Budget Voting: 11-0 (By Consent) Council Members Voting Aye. Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 1 D, 2012 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO TRANSFER $54,490 FROM THE INSTRUCTION CLASSIFICATION TO THE TECHNOLOGY FUNDS WITHIN THE FY 2011-12 SCHOOL OPERATING BUDGET BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $54,490 from the Instruction Classificiation of the School Operating Fund is hereby transferred to the Technology Fund within the FY 2011-12 School Operating Budget. Adopted by the Council of the City of Virginia Beach, Virginia, on the 10th day of April , 2012. APPROVED AS TO CONTENT ~~ ~~ a Management Services APPROVED AS TO LEGAL SUFFICIENCY: /~~ _ t 's ice CA12236 R-1 March 27, 2012 RGINlA BENCH CITY l~UBLlC SCHl7 A H E A D O F T H E C U R Y E Daniel D. Edwards, Chairman District 1-Centerville William J. "Bill" Brunke, IV,Vice-Chairman District 7 -Princess Anne Todd C. Davidson, At-Large Emma L. "Em" Davfs, District 5- Lynnhaven Dorothy M. "Dottie" Holtr, At-Large Brent N. Mckenzie, District 3 -Rose Hall Ashley K. McLeod, At-Large Samuet G. "yam" Reid, District 6-Beach Patrick S. Salyer, District 2 - Kempsville D. Scott Seery, At-Large Carolyn D. Weems, District 4 - Bayside School Board of the City of Virginia Beach 2512 George Mason Drive P.O. Box 6b38 Virginia Beach, VA 23456-0038 (757} 236-1016 www.vbschools.com/schoolbo and James G. Merrill, Ed.D., Superintendent RESOLUTION REGARDING FY 2011-12 BUDGET AND REQUEST FOR CATEGORICALIFUND TRANSFERS WHEREAS, the City of Virginia Beach, Virginia's adopted Budget Ordinance for the current fiscal year appropriated funds to the School Board of the City of Virginia Beach, Virginia by major Ca#egory; and WHEREAS, the Code of Virginia §22.1-115, as amended, requires that technology-related expenditures be made in a separate Fund or Category; and WHEREAS, the School Administration has determined that a number of schoolsJdepartments have technology-related and operating-related spending needs that require cafegoricallfund transfers to enable purchases such as: technology services, computer equipment and supplies; and WHEREAS, the following:budget transfers are recommended by the School Administration: + Total of $54,490 from Operating Fund 115 - Instruction to Technology Fund 106; and WHEREAS, these transfers are also necessary to appropriately expense and account for these expenditures; and WHEREAS, transfers between categories/funds must be approved by the City Council prior to expenditure of such funds by the School Board. NQW, THEREFORE, BE 1T RESOLVED: That the School Board approves and affirms the above listed recommended uses of these funds; and FURTHER RESOLVED: That the School Board requests chat the City Council approve the budget categaricalJfunds transfers shown above; and be it FINALLY RESOLVED: That the a copy of this Resolution be spread across the official minutes of this School Board, and the Clerk of the School Board is directed to deliver a copy of this Resolution to the Mayor, each member of the City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 20th day of March 2012. Attest: Daniel D. Edwards, School Boa d Chairman Dianne P. Alexander, Clerk of the Board -48- ADD ON ORDINANCES/RESOLUTIONS ITEM #61776 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED the ADD-ONResolution, BY CONSENT: Resolution authorizing and directing the City Manager to execute, on behalf of the City, an Amendment to the Special Order by Consent issued by the State Water Control Board on September 26, 2007. Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 10, 2012 1 A RESOLUTION AUTHORIZING AND DIRECTING THE 2 CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY 3 AN AMENDMENT TO THE SPECIAL ORDER BY 4 CONSENT ISSUED BY THE STATE WATER CONTROL 5 BOARD ON SEPTEMBER 26, 2007 6 7 WHEREAS, the State Water Control Board (the "Board"), Hampton Roads 8 Sanitation District ("HRSD") and the localities within Hampton Roads, including the City 9 of Virginia Beach (the "Hampton Roads Localities"), entered into a Special Order by 10 Consent (the "Regional Consent Order"), effective September 26, 2007, which Order 11 requires HRSD and the Hampton Roads Localities to cooperatively address sanitary 12 sewer overflows in Hampton Roads; and 13 WHEREAS, the Regional Consent Order requires localities to prepare and 14 submit a rehabilitation plan to reduce inflow and infiltration of water into the sanitary 15 sewer system by November 26, 2012; and 16 WHEREAS, HRSD is also under a Federal Consent Decree with the 17 Environmental Protection Agency (the "EPA"), which Decree requires HRSD to prepare 18 and submit a regional wet weather management plan to address capacity issues in the 19 sanitary sewer system by November 26, 2013; and 20 WHEREAS, both the Regional Consent Order and Federal Consent Decree are 21 inherently linked together, as any inflow or infiltration that is not removed will have to be 22 included for purposes of determining capacity in the regional sewer system; and 23 WHEREAS, both the rehabilitation plan required by the Regional Consent Order 24 and the regional wet weather management plan required by the Federal Consent 25 Decree should be submitted at the same time in order to allow for the completion of a 26 cost-effective study comparing the cost of removal of inflow and infiltration with the cost 27 of conveying and treating the excess water resulting from inflow and infiltration; and 28 WHEREAS, the Virginia Department of Environmental Quality ("VDEQ") has 29 proposed that the Regional Consent Order be amended so as to move the due date for 30 the Virginia Beach Rehabilitation Plan (as well as the other localities' plans) from 31 November 26, 2012 to November 26, 2013, or to a later date in the event a further 32 extension is granted by the EPA; and 33 WHEREAS, the amendment of the Regional Consent Order would effectively 34 accomplish the goal of facilitating the study described hereinabove, and would have no 35 adverse consequences to Virginia Beach or the other Hampton Roads localities; 36 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 37 OF VIRGINIA BEACH, VIRGINIA: 38 That the City Manager is hereby authorized and directed, to execute, on behalf of 39 the City of Virginia Beach, the proposed amendment to the Regional Consent Order 40 described hereinabove 41 42 Adopted by the City Council of the City of Virginia Beach, Virginia on the 10th 43 day of April , 2012. 44 APPROVED AS TO CONTENT ~J ~~ G1-'G1 Public Utilities Department APPROVED AS TO LEGAL SUFFICIENC G~ City At ey's Office CA-12249 R-1 April 6, 2012 COMMONWEALTH of VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY TIDEWATER REGIONAL OFFICE Doug Domenech 5636 Southern Boulevard, Virginia Beach, Virginia 23462 David K. Paylor Secretary of Natural Resources (757) 518-2000 Fax (757) 518-2009 Director www.deq.virginia.gov Maria R. Nold Regional Director STATE WATER CONTROL BOARD ENFORCEMENT ACTION - AMENDMENT TO ORDER BY CONSENT ISSUED TO the HAMPTON ROADS SANITATION DISTRICT, the cities of CHESAPEAKE, HAMPTON, NEWPORT NEWS, POQUOSON, PORTSMOUTH, SUFFOLK, VIRGINIA BEACH and WILLIAMSBURG; the counties of GLOUCESTER, ISLE OF WIGHT, and YORK; the JAMES CITY SERVICE AUTHORITY; and the town of SMITHFIELD SECTION A: Purpose This is an Amendment of an Order by Consent (Amendment) issued under the authority of Va. Code §§ 62.1-44.15(8a), between the State Water Control Board (Board) and the Hampton Roads Sanitation District, the cities of Chesapeake, Hampton, Newport News, Poquoson, Portsmouth, Suffolk, Virginia Beach and Williamsburg; the counties of Gloucester, Isle of Wight, and York; the James City Service Authority; and the town of Smithfield (HRSD and the Hampton Roads Localities), for the purpose of revising certain provisions of the Special Order by Consent (Order) issued by the Board to HRSD and the Hampton Roads Localities on September 26, 2007. SECTION B: Basis for Amendment The State Water Control Board entered into the Order with HRSD and the Hampton Roads Localities effective September 26, 2007. The Order requires HRSD and the Hampton Roads Localities to cooperatively address sanitary sewer overflows in the Hampton Roads region. The Order includes as attachment and incorporated into the Order, as Attachment 1, the Regional Technical Standards (RTS). The RTS provides detailed requirements for completion of the work embodied in the Order, and were developed to ensure a consistent regional approach for such work. The RTS includes completion dates for various activities, which are described in terms of months from the effective date of the Order. Amendment to Special Order by Consent HRSD and Hampton Roads Localities Page 2 of 18 4. RTS Section 7.6.1 requires that HRSD and the Hampton Roads Localities submit to DEQ for approval Rehabilitation Plans within 62 months of the effective date of the Order (due date of November 26, 2012). These plans are to define specific measures that will be taken to reduce sanitary sewer overflows (SSOs) at the selected level of services, the cost associated with the proposed rehabilitations, and the planned timeframe for rehabilitation activities. 5. The Order at Section D. 3. requires that HRSD and the Hampton Roads Localities jointly develop and submit to DEQ for approval within 74 months of the effective date of the Order (due date is November 26, 2013) a Regional Wet Weather Management Plan (RWWMP). The RWWMP is to establish a level of service that will form the basis for planning capacity enhancements; identify, quantify, prioritize, and propose a schedule for implementing regional sanitary sewer system enhancements; and address the funding of such enhancements, among other things. 6. HRSD is subject to a Consent Decree between, HRSD, the Commonwealth of Virginia and the United States of America, effective February 23, 2010, that also requires HRSD to undertake~certain activities to address SSOs and that requires submission of a RWWNIl' by November 26, 2013. The RWWMP is to establish and support a selected level of service. The Consent Decree at Section XXIX provides that if the Parties to the Consent Decree agree, the deadline of November 26, 2013 may be extended as appropriate to July 31, 2014. DEQ recognizes potential conflicts and timing issues associated with the submission of the Rehabilitation Plans and the RWWMP scheduled in the Order. Modification of the Order as proposed provides the following benefits: a. allows for consideration of the level of service during the rehabilitation planning phase, b. allows negotiation of the estimated post rehabilitation peak flows to be based on HRSD and Hampton Roads Locality discussions regarding cost effective regional capacity management solutions, c. provides for more effective and efficient rehabilitation implementation scheduling, and d. provides for submittal of the RWWMP consistent with the Consent Decree. Based on the information available to DEQ to date, HRSD and the Hampton Roads Localities are in compliance with the Order and are current with all monitoring and reporting requirements. ~ Pursuant to the RTS, Level of Service means the peak sewer flow recurrence interval that the Regional Sanitary Sewer system can convey without resulting in acapacity-related sanitary sewer overflow. Amendment to Special Order by Consent HRSD and Hampton Roads Localities Page 3 of 18 SECTION C: Agreement and Order Accordingly, by virtue of the authority granted it in Va. Code §§ 62.1-44.15(8a), the Board orders HRSD and the Hampton Roads Localities, and HRSD and the Hampton Roads Localities agree to comply with the below specified Order and RTS modifications as indicated by underline and strikeout. The State Water Control Board, HRSD, and the Hampton Roads Localities understand and agree that this Amendment does not alter, modify or amend any other provision of the. Order and the RTS and that the unmodified provisions of the Order and RTS remain in effect by their own terms. 1. Order at Section D.3. Regional Wet Weather Management Plan. In cooperation with the other parties to this Order, HRSD and the Hampton Roads Localities shall jointly develop, and by the date reguired in that certain Consent Decree, effective February 23 2Q10 between HRSD the Commonwealth of Virginia and the United States of America as it may be amended from time to time, for the submission of HRSD's Regional Wet Weather Management Plan ~ ~~*"~^ ''^ ,r ^+'~~ ^~+'~° erro^+~~°° ~'~+° cr+'~~^ ^"a°:, submit to the DEQ for approval, a final Regional Wet Weather Management Plan. The Plan shall be based on data collected from the flow and pressure meters and the system model and shall analyze a full range of capital and operating alternatives designed to improve system performance and thereby reduce the occurrence of un=permitted discharges both short term and long term. The Plan shall identify, quantify, prioritize, and propose a schedule for implementing regional system enhancements and address the funding of such enhancements between HRSD and the Hampton Roads Localities. The Plan shall include short and long term operating plans to maximize available capacity in the system through effective and proactive operations. HRSD and the Hampton Roads Localities shall implement the approved Plan in accordance with the approved schedule. 2. RTS at Section 7.6.1 Rehabilitation Plan and Schedule Rehabilitation Plans shall be developed to define specific measures that will be taken to reduce SSOs, the cost associated with the proposed rehabilitation, and the planned timeframe for rehabilitation activities. The HRSD and Hampton Road Locality Rehabilitation Plans shall be submitted to DEQ for review and approval by the date required in that certain Consent Decree, effective February 23, 2010, between HRSD, the Commonwealth of Virginia and the United States of America, as it may be amended from time to time, for the submission of HRSD's Regional Wet Weather Management Plan ~~*~~„ ~~ ,r -'*'~~ °~'*'~° °~'~ ~*~~~° ~^*° ^~'*'~° ~"°r~°„* ^~a°r In addition, each Locality shall submit their estimated post rehabilitation peak flows to the Regional Wet Weather Management Planning Group which will rely upon these in the completion of the RWWMP within 62 months of the effective date of the Consent Order. If HRSD, the Hampton Road Localities, and DEQ agree, the deadline for submission of the estimated post rehabilitation peak flows to the Regional Wet Weather Management Planning Group may be extended as appropriate, for an amount of time justified by the circumstances without public comment or Consent Order modification. Amendment to Special Order by Consent HRSD and Hampton Roads Localities Page 4 of 18 By their signatures below, HRSD and the Hampton Roads Localities voluntarily agree to the issuance of this Amendment and agree to be bound by the terms hereof. Date: By: Maria R. Nold Regional Director Department of Environmental Quality (Remainder of this page intentionally left blank) -49- Item -VII-J.1 PUBLIC HEARING ITEM #61777 SALE OF EXCESS PROPERTY Kempes Village Development The following individuals registered to speak: Attorney R.J. Nutter represented the applicant. Mr. Nutter stated the applicant came to him eight months in advance of this application to ensure enough time was taken to meet with the citizens to address concerns. The original plan provided for 246 multi family units, preserved but added on to the school and set aside about 25% open space, with units close to the property line. Changes were made and the number of units reduced to 180 units. With that change, the units are approximately 200 feet from the property line and provided a considerable amount more of open space, approximately 50%. The school was preserved, kept in original form and would not add to the existing building. The Plan meets City Council's standards, but meets the exact standards of the Historic Kempsville Plan. The outreach to the community and changes to the Plan are significant. The financial risks have been met. Charles Wermers, Design Architect,1177 Starr Way, Phone: 435-3519, stated the retail makes village core walk able and in accordance with the Kempsville Master Plan. The Old Kempsville High School will be revamped. The buildings are worthy of preservation. The following individuals spoke in SUPPORT Dick Olenych, 5572 War Admiral, Phone: 490-2964 has lived in Carolanne Farms for 23 years. Mr. Olenych wants to see good sound development in Kempsville, not more parks, pool halls or shabby strip malls. Bobby Melatti, current Chair, Virginia Beach Arts & Humanities Commission. Icons speak to all who listen. This commission takes no position on any project so he is not endorsing the project per se; however, is endorsing the process. Billy Almond, 209 70`'' Street and Landscape Architect with WPL Architect. He has served the City as Landscape Architect for Kempsville Road, Princess Anne Road Intersection and Witchduck Road, Phase I, as well as Master Planners for the Historic Kempsville Plan. During that eight (8) year span, he attended many Citizens Advisory Committee meetings for both projects. A common thread throughout the meetings was respect for the environment and special respect for the long term integrity of the Fox Run Watershed. The Chesapeake Bay Preservation Board unanimously approved this project on February 27, 2012. David Weiner, 5441 Susquehanna Drive, Phone: 620-168, represented Carolanne Farms Civic League. Mr. Weiner is also a member of the Citizens Advisory Committee of Kempsville and Kempsville Coalition of Civic Leagues. The Carolanne Farm Civic League supports Plan E, with modifications while supporting Fairfield Civic League 100%. The taxpayers will not have to pay one penny for this project. This is not a high density project. Doug McLiverty, 5248 Rolleston Drive, Phone: 499-0842, President of the Fairfield Civic League and has been for the last ten (10) years. Mr. McLiverty stated the reason he has volunteered for so many years is to ensure the Historic Kempsville Area Master Plan is properly executed. Mr. McLiverty requested Ciry Council consider the views of the neighborhood closest to the project with the longest involvement and with the most to lose or gain. Mr. McLiverty met with the applicant numerous times and reaquested he lower the units to 170. anY>> >n ~n» -55- Item -VII-K.Ib PLANNING ITEM #61781 Upon motion by Councilman Diezel, seconded by Councilman Uhrin, City Council APPROVED/CONDITIONED, Application of CITY OF VIRGINIA BEACH for a Street Closure, portion of right-of--way of Princess Anne Road (formerly Oakmears Crescent) (DISTRICT 2 - KEMPSVILLE) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of CITY OF VIRGINIA BEACH APPROVED/CONDITIONED, Street Closure, portion of right-of--way of Princess Anne Road (formerly Oakmears Crescent) DISTRICT 2 - KEMPSVILLE; subject to the following conditions: 1. The City Attorney's Off ce will make the final determination regarding ownership of the underlying fee. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area of the former Oakmears Crescent as depicted on the submitted "Street Closure Exhibit of 2,129 sq. ft. (0.049 AC.) of Princess Anne Road adjacent to Lot 56, Kempsville Office Park" into the adjoining parcel. The Plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verb that no private utilities exist within the right- of--way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of--way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one (1) year of the City Council vote to close the right- of-way, this approval shall be considered null and void. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Tenth day of April, Two Thousand Twelve April 10, 2012 -56- Item -VII-K.Ib PLANNING ITEM#61781 (Continued) Voting: 10-1 (By Consent) Council Members Voting Aye: Glenn R. Davis, 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: John D. Moss Council Members Absent: None April 10, 2012 1 ORDINANCE APPROVING APPLICATION OF 2 THE CITY OF VIRGINIA BEACH FOR THE 3 CLOSURE OF A 2,129 SQ. FT. PORTION OF 4 THE FORMER OAKMEARS CRESCENT 5 RIGHT-OF-WAY, NOW PART OF PRINCESS 6 ANNE ROAD (RELOCATED) 7 8 WHEREAS, City of Virginia Beach (the "Applicant") applied to the Council 9 of the City of Virginia Beach, Virginia, to have the hereinafter described portion of 10 improved right-of-way discontinued, closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said portion of right-of- 13 way be discontinued, closed, and vacated, subject to certain conditions having been 14 met on or before one (1) year from City Council's adoption of this Ordinance; 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 17 Virginia Beach, Virginia: 18 1 g SECTION I 20 21 That the hereinafter described portion of right-of-way be discontinued, 22 closed and vacated, subject to certain conditions being met on or before one (1) year 23 from City Council's adoption of this ordinance: 24 25 All that certain piece or parcel of land situate, lying and being 26 in the City of Virginia Beach, Virginia, designated and 27 described as "PROPOSED STREET CLOSURE (2,129 SQ. 28 FT., 0.049 AC.)" shown as the cross-hatched area on that 29 certain plat entitled: "STREET CLOSURE EXHIBIT OF 30 2,129 SQ. FT. (0.049 AC.) OF PRINCESS ANNE ROAD 31 ADJACENT TO LOT 56, KEMPSVILLE OFFICE PARK 32 PLAT RECORDED IN M.B. 170, P. 42 IN THE CLERK'S 33 OFFICE OF THE CIRCUIT COURT OF THE CITY OF 34 VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH, VIRGINIA 35 FOR VIRGINIA BEACH ECONOMIC DEVELOPMENT" 36 Scale 1" = 60', dated February 10, 2012, prepared by wpl 37 Landscape Architecture Land Surveying Civil Engineering, a 38 copy of which is attached hereto as Exhibit A. 39 40 SECTION II 41 42 The following conditions must be met on or before one (1) year from City 43 Council's adoption of this ordinance: 44 45 GPIN: Right-of-way / no GPIN assigned 46 Adjacent to GPIN 1466-68-6554 i 47 1. The City Attorney's Office will make the final determination regarding 48 ownership of the underlying fee. The purchase price to be paid to the City is normally 49 determined according to the "Policy Regarding Purchase of City's Interest in Streets 50 Pursuant to Street Closures," approved by City Council. Copies of the policy are 51 available in the Planning Department. No purchase price shall be charged in this street 52 closure, however, because the City is both the owner of the underlying fee and the 53 applicant seeking this street closure. 54 55 2. The Applicant shall resubdivide the property and vacate internal lot lines to 56 incorporate the closed area of the former Oakmears Crescent, containing 2,129 sq. ft. 57 (0.049 Acre), into the adjacent parcel owned by the City. The new parcel to be 58 established will contain approximately 10 acres of property. The plat must be submitted 59 and approved for recordation prior to final street closure approval. 60 61 3. The Applicant shall verify that no private utilities exist within the right-of- 62 way areas proposed for closure. If private utilities do exist, easements satisfactory to the 63 utility company must be provided. 64 65 4. Closure of the right-of-way shall be contingent upon compliance with the 66 above stated conditions within 365 days of approval by City Council. If the conditions 67 noted above are not accomplished and the final plat is not approved within one year of 68 the City Council vote to close the 2 rights-of-way, this approval shall be considered null 69 and void. 70 71 SECTION III 72 73 1. If the preceding conditions are not fulfilled on or before April 9, 2013, 74 this Ordinance will be deemed null and void without further action by the City Council. 75 76 2. If all conditions are met on or before April 9, 2013, the date of final 77 closure is the date the street closure ordinance is recorded by the City Attorney. 78 79 3. The City Manager or his designee is authorized to execute whatever 80 documents, if any, that may be necessary to meet the conditions, provided said 81 documents are approved by the City Attorney's Office. 82 83 SECTION IV 84 85 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 86 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 87 OF VIRGINIA BEACH as "Grantor" and CITY OF VIRGINIA BEACH, as "Grantee." 88 89 Adopted by the Council of the City of Virginia Beach, Virginia, on this 90 lOthday of April , 2012. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY: City Attorney CA12150 \\vbgov.com\DFS I \Applications\CitylawProd\cycom32\Wpdocs\D028\P014\00012538.DOC R-1 April 2, 2012 -57- Item -VII-K.1 c PLANNING ITEM #61782 Upon motion by Councilman Diezel, seconded by Councilman Uhrin, City Council APPROVED/CONDITIONED, Application of CITY OF VIRGINIA BEACH for a Street Closure, portion unimproved right-of--way of relocated Oakmears Crescent (DISTRICT 2 - KEMPSVILLE) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of CITY OF VIRGINIA BEACH APPROVED/CONDITIONED, Street Closure, portion unimproved right-of--way of relocated Oakmears Crescent; DISTRICT 2 - KEMPSVILLE subject to the following conditions: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. 2. The applicant shall resubdivide the properties and vacate internal lot lines to incorporate the closed area of Oakmears Crescent as depicted on the submitted "Street Closure Exhibit of 54,378 sq. ft. (1.248 AC.) of Oakmears Crescent Adjacent to Lot 56, Kempsville O~ce Park" into the adjoining parcels that the right-of--way would have provided direct access to. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verb that no private utilities exist within the right- of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of--way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one (1) year of the City Council vote to close the right- of-way, this approval shall be considered null and void. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Tenth day of April, Two Thousand Twelve April 10, 2012 -58- Item -VII-K.Ic PLANNING ITEM #61782(Continued) Voting: 10-1 (By Consent) Council Members Voting Aye: Glenn R. Davis, 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: John D. Moss Council Members Absent: None April 10, 2012 1 ORDINANCE APPROVING APPLICATION OF 2 THE CITY OF VIRGINIA BEACH FOR THE 3 CLOSURE OF A 54,378 SQ. FT. PORTION 4 OF AN UNIMPROVED RIGHT-OF-WAY 5 KNOWN AS OAKMEARS CRESCENT g (RELOCATED) 7 8 WHEREAS, City of Virginia Beach (the "Applicant") applied to the Council 9 of the City of Virginia Beach, Virginia, to have the hereinafter described portion of 10 unimproved right-of-way discontinued, closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said portion of 13 unimproved right-of-way be discontinued, closed, and vacated, subject to certain 14 conditions having been met on or before one (1) year from City Council's adoption of 15 this Ordinance; 16 17 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 18 Virginia Beach, Virginia: 19 20 SECTION I 21 22 That the hereinafter described portion of right-of-way be discontinued, 23 closed and vacated, subject to certain conditions being met on or before one (1) year 24 from City Council's adoption of this ordinance: 25 26 All that certain piece or parcel of land situate, lying and being 27 in the City of Virginia Beach, Virginia, designated and 28 described as "PROPOSED STREET CLOSURE (54,378 29 SQ. FT., 1.248 AC.)" shown as the cross-hatched area on 30 that certain plat entitled: "STREET CLOSURE EXHIBIT OF 31 54,378 SQ. FT. (1.248 AC.) OF OAKMEARS CRESCENT 32 ADJACENT TO LOT 56, KEMPSVILLE OFFICE PARK (M.B. 33 170, P. 42), FAIRFIELD, SECTION FIVE (M.B. 87. P. 16) 34 PROPERTY OF VINCENTE N. RONO, JR. & CONCHETA 35 N. RONO (M.B. 146, P. 32), PARCEL 1, RESTMERE (M.B. 36 32. P. 50), LOT 7, KEMPSVILLE OFFICE PARK (M.B. 114, 37 P. 21) AND PLAT OF KEMPS LANDING SCHOOL (M.B. 38 242, P. 40) PLATS RECORDED IN THE CLERK'S OFFICE 39 OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA 40 BEACH, VIRGINIA VIRGINIA BEACH, VIRGINIA FOR 41 42 GPIN: Right-of-way / no GPIN assigned 43 Adjacent to GPINs 1466-68-6554, 1466-68-2683, 44 1466-68-3419, 1466-68-3411, and 1466-68-4219 i 45 VIRGINIA BEACH ECONOMIC DEVELOPMENT" Scale 1" _ 46 100', dated February 10, 2012, prepared by wpl Landscape 47 Architecture Land Surveying Civil Engineering, a copy of 48 which is attached hereto as Exhibit A. 49 50 SECTION II 51 52 The following conditions must be met on or before one (1) year from City 53 Council's adoption of this ordinance: 54 55 1. The City Attorney's Office will make the final determination regarding 56 ownership of the underlying fee. The purchase price to be paid to the City is normally 57 determined according to the "Policy Regarding Purchase of City's Interest in Streets 58 Pursuant to Street Closures," approved by City Council. Copies of the policy are 59 available in the Planning Department. No purchase price shall be charged in this street 60 closure, however, because the City is both the owner of the underlying fee and the 61 applicant seeking this street closure. 62 63 2. The Applicant shall resubdivide the property and vacate internal lot lines to 64 incorporate the closed area of the unimproved right-of-way now known as Oakmears 65 Crescent (relocated) containing 54,378 sq. ft. (1.248 Acre), into the adjacent parcels 66 owned by the City. The new parcel to be established will contain approximately 10 acres 67 of property. The plat must be submitted and approved for recordation prior to final 68 street closure approval. 69 70 3. The Applicant shall verify that no private utilities exist within the right-of- 71 way area proposed for closure. If private utilities do exist, easements satisfactory to the 72 utility company must be provided. 73 74 4. Closure of the right-of-way shall be contingent upon compliance with the 75 above stated conditions within 365 days of approval by City Council. If the conditions 76 noted above are not accomplished and the final plat is not approved within one year of 77 the City Council vote to close the right-of-way, this approval shall be considered null and 78 void. 79 80 SECTION III 81 82 1. If the preceding conditions are not fulfilled on or before April 9, 2013, 83 this Ordinance will be deemed null and void without further action by the City Council. 84 85 2. If all conditions are met on or before April 9, 2013, the date of final 86 closure is the date the street closure ordinance is recorded by the City Attorney. 87 88 3. The City Manager or his designee is authorized to execute whatever 89 documents, if any, that may be necessary to meet the conditions, provided said 90 documents are approved by the City Attorney's Office. a 91 92 93 94 95 96 97 98 SECTION IV A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor" and CITY OF VIRGINIA BEACH, as "Grantee." Adopted by the Council of the City of Virginia Beach, Virginia, on this 10th day of April , 2012. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney APPROVED AS TO CONTENT Planning D partment CA12156 \\vbgov.com\DFS1 Wpplications\CityLawProd\cycom32\Wpdocs\D028\P014\00012539.DOC R-1 April 2, 2012 3 -59- Item -VII-K.Id PLANNING ITEM #61783 Upon motion by Councilman Diezel, seconded by Councilman Uhrin, City Council APPROVED WITH REVISED CONDITIONS, Applications of CITY OF VIRGINIA BEACH/KEMPES VILLAGE, LLC, for a Conditional Use Permit, to allow multi family dwellings at 525 Kempsville Road, 404 and 414 Oakmears Crescent and 5233 Princess Anne Road (DISTRICT 2 - KEMPSVILLE) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Applications of CITY OF VIRGINIA BEACH/KEMPES VILLAGE, LLC, for a Conditional Use Permit, to allow multi family dwellings at 525 Kempsville Road, 404 and 414 Oakmears Crescent and 5233 Princess Anne Road (GPINs 1466781268; 1466686303; 1466688458; 1466683732; 1466683727; 1466685708; 1466683940; 146668851; 1466684727) DISTRICT 2 - KEMPSVILLE subject to the following revised conditions: 1. The site shall be developed substantially as shown on the submitted Site Plan, entitled "Kempes Village Site Plan E, prepared for Hampton Roads Housing Company and Ripley Heatwole Company, Inc. ", and dated February 29, 2012 except as modf ed below by Condition 2. 2. The maximum number of dwelling units located on the site shall not exceed 170. The applicant shall provide between S, 000 and I5, 000 square feet ofnon-residential use within either the Cottage building(s) or the Schoolhouse building; however, the applicant shall provide the required number of parking spaces for such use per Section 203 of the City Zoning Ordinance. 3. The buildings to be constructed on the site shall be substantially as shown on Sheets A-4 through A-6 submitted with the Conditional Use Permit application and entitled "Hampton Roads Housing Company and Ripley Heatwole Company, Inc. "and dated January 26, 2012. 4. Exterior building materials and colors for the buildings to be constructed on the site shall be substantially as shown on Sheet A-8 submitted with the Conditional Use Permit application and entitled "Hampton Roads Housing Company and Ripley Heatwole Company, Inc. " and dated January 26, 2012. S. Site and building identification signs shall be substantially as shown on Sheet A-7 submitted with the Conditional Use Permit application and entitled "Hampton Roads Housing Company and Ripley Heatwole Company, Inc. "and dated January 26, 2012. 6. The applicant shall conduct a Traffic Impact Study (TIS) and submit said study to the Department of Public Works /Traffic Engineering for review and approval. The applicant shall then collaborate with Traffic Engineering pertaining to any recommendations from the TIS regarding improvements to the adjacent roadways that the TIS concludes are directly attributable to the development project. April 10, 2012 -60- Item -VII-K.1 d PLANNING ITEM #61783(Continued) 7. The applicant shall provide for public pedestrian connectivity via the "Nature Trail, " as depicted on the Site Plan referenced in Condition 1. 8. The applicant shall cause an Archaeological Survey to be conducted of the site prior to any land disturbance. 9. None of the above conditions relieve the applicant of meeting the conditions of the Chesapeake Bay Preservation Area Board approval on February 27, 2012. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Tenth day of April, Two Thousand Twelve Voting: 10-1 (By Consent) Council Members Voting Aye: Glenn R. Davis, 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: John D. Moss Council Members Absent: None April 10, 2012 -61- Item -VII-K.le PLANNING ITEM #61784 Upon motion by Councilman Diezel, seconded by Councilman Uhrin, City Council ADOPTED, Ordinance to DECLARE ten (10) acres at Lord Dunmore Drive and Kempsville Road as EXCESS and AUTHORIZE conveyance of same to Kempes Village Company LLC for development (DISTRICT 2 - KEMPSVILLE) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of CITY OF VIRGINIA BEACH, to DECLARE ten (10) acres at Lord Dunmore Drive and Kempsville Road as EXCESS and AUTHORIZE conveyance of same to Kempes Village Company LLC for development (GPINs 1466781268; 1466686303; 1466688458; 1466683732; 1466683727; 1466685708; 1466686554; 146668851 S; 1466684727) DISTRICT 2 - KEMPSVILLE This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Tenth day of April, Two Thousand Twelve Voting: 10-1 (By Consent) Council Members Voting Aye: Glenn R. Davis, 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: John D. Moss Council Members Absent: None April 10, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AN ORDINANCE DECLARING 10+/- ACRES OF CITY PROPERTY LOCATED BETWEEN LORD DUNMORE DRIVE AND KEMPSVILLE ROAD TO BE IN EXCESS OF THE CITY'S NEEDS AND AUTHORIZING THE CITY MANAGER TO SELL SAME TO KEMPES VILLAGE COMPANY, LLC, FOR THE KEMPES VILLAGE DEVELOPMENT WHEREAS, the City of Virginia Beach (the "City") is the owner of the following parcels of real property identified as GPINs: 1466-78-1268, 1466-68-6303. 1466-68- 8458, 1466-68-3732, 1466-68-3727, 1466-68-5708, 1466-68-6554, 1466-68-8515, and 1466-68-4727, and shown on the location map attached hereto as Exhibit A (collectively, the "Property"); WHEREAS, the City has adopted the Historic Kempsville Historic Plan ("HK Plan") to set forth the City's goals for the development and redevelopment of the Historic Kempsville area of the City; WHEREAS, on November 8, 2010, the City issued a Request for Information (the "RFI") seeking a private use for the Property consistent with the HK Plan; WHEREAS, Kempes Village Company, LLC ("Kempes Village") responded to the RFI and proposes to construct up to 180 multi-family units on the Property with the option to substitute some of the residential units for retail or office space; WHEREAS, Kempes Village and City staff have negotiated the terms by which Kempes Village would purchase and develop the Property; the terms are set forth on the Summary of Terms attached hereto as Exhibit B; and WHEREAS, the City Council is of the opinion that the Property is in excess of the City's needs and the sale of the Property to Kempes Village would promote the City's goals as set forth in the HK Plan. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the 10+/- acre assemblage of property located between Lord Dunmore Drive and Kempsville Road, shown on Exhibit A as "Property to be Conveyed", is hereby declared to be in excess of the needs of the City of Virginia Beach. 2. That the City Manager is hereby authorized to execute any documents necessary to convey the Property to Kempes Village Company, LLC, so long as such documents are in substantial conformity with the Summary of Terms attached hereto as Exhibit B, and made a part hereof, and such other terms, conditions or modifications 46 47 48 49 50 51 52 53 54 55 56 57 58 deemed necessary and sufficient by the City Manager and in a form deemed satisfactory by the City Attorney. 3. That the proceeds from this transaction shall be directed to Princess Anne Road / Kempsville Road Intersection Improvements Project (CIP 2-048). This Ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 10th day of April , 2012. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE- FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. APPROVED AS TO CONTENT City Manager's Office APPROVED AS TO LEGAL SUFFICIENCY City Attorney's Office CA12157 \\vbgov.com\DFS1 Wppli cations\CityLawProd\cycom32\W pdocs\D030\P011 \00013007.DOC R-1 April 3, 2012 EXHIBIT B SUMMARY OF TERMS Sale of 10 +/- Acres of City-Owned Property Located Between Lord Dunmore Drive and Kempsville Road SELLER: City of Virginia Beach (the "City") PURCHASER: Kempes Village Company, LLC PREMISES: Approximately 10 acres located between Lord Dunmore Drive and Kempsville Road, bordered on the north by the new alignment of Princess Anne Road. The GP1Ns are 1466-78-1268, 1466-68-6303. 1466-68-8458, 1466-68-3732, 1466-68-3727, 1466-68-5708, 1466- 68-6554, 1466-68-8515, and 1466-68-4727. PURCHASE PRICE: $14,000 per unit approved for development by the City up to 180 units or $14.00 per square foot of commercial space approved. The necessary approvals are detailed below. The total anticipated purchase price is $2,520,000. RIGHTS AND RESPONSIBILITIES OF CITY: • Subdivide the Property into two parcels as directed by Purchaser. • Demolish the gymnasium on the site of the former Kemps Landing School, including any environmental remediation necessary. Estimated cost $18,330. • Reimburse Purchaser for actual costs of environmental remediation at the Kemps Landing School building, including the removal of asbestos, lead paint, PCP containing light ballasts and associated mercury, equipment containing ozone depleting gases, and any existing underground storage tanks. Estimated cost (including remediation costs at the gymnasium) $187,000. City to have right to reacquire Property if construction has not commenced within 24 months of Purchaser's acquisition of Property, or if construction is not complete within 48 months of acquisition. If construction is commenced and completed within applicable timeframe on one of the two parcels, but not the other, the City's right will be limited to the non-compliant parcel. The City's cost to reacquire the property shall be the same as the price paid by Purchaser. Page 1 of 2 RIGHTS AND RESPONSIBILITIES OF PURCHASER: • Pays all costs of development of project. • Pays $25,000 deposit within ten days of execution of purchase. agreement. Deposit refundable during due diligence and approvals period. • Must purchase property from the City within 30 days of receipt of all governmental approvals (set forth below). • Have the right to reacquire one of the two subdivided parcels and not other. • Must commence construction within 24 months of acquisition and complete construction within 48 months of acquisition. • Construction of all improvements to be consistent with the Historic Kempsville Master Plan DUE DILIGENCE AND APPROVALS: • Due diligence period of 12 months for Purchaser to confirm satisfactory title, environmental, and other requirements of Property (drainage, traffic control, etc). • Required governmental approvals: ^ Property to be rezoned to B-4K (on 4/10/12 Council Agenda) ^ Conditional Use Permit to allow 180 apartments on Property (on 4/10/12 Council Agenda) ^ City approves right-in/right-out ingress/egress point on Kempsville Road. ^ Chesapeake Bay Preservation Act ^ Issuance of permit from Army Corps of Engineers ^ Site plan /building permit ^ City to obtain any necessary approvals authorizing sale of former right-of- way from any applicable state or federal authority ^ Any other governmental approval necessary for the construction of the project. ^ Purchaser to have 12 months from acquisition to obtain governmental approvals. Page 2of 2 -62- Item -VII-K.2 PLANNING ITEM #61785 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED BY CONSENT, Application of CITY OF VIRGINIA BEACH/PRINCESS ANNE ESTATE TRUST for a Change o Zonin~District Classi acation from O-2 Office, (Historic Kempsville Overlay District) to B-4K, Historic Kempsville Area Mixed Use District at 5241 Princess Anne Road (DISTRICT 2 - KEMPSVILLE) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of CITY OF VIRGINIA BEACH/PRINCESS ANNE ESTATE TRUST for a Chan~-e o~ Zonin~District Classification from O-2 Office, (Historic Kempsville Overlay District) to B-4K, Historic Kempsville Area Mixed Use District at 5241 Princess Anne Road GPIN1466681966) DISTRICT 2 - KEMPSVILLE This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Tenth day of April, Two Thousand Twelve. Voting: 10-1 (By Consent) Council Members Voting Aye: Glenn R. Davis, 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: John D. Moss Council Members Absent: None April 10, 2012 -63- Item -VII-K.3 PLANNING ITEM #61786 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED BY CONSENT, Application of BEACH BOROUGH DEVELOPMENT, LLC for reconstruction of a Nonconforming Use at 41122nd Street (DISTRICT 6 - BEACHDISTRICT) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Resolution upon Application of BEACH reconstruction ~ a Nonconforming Use at DISTRICT 6 -BEACH DISTRICT The following conditions shall be required: BOROUGH DEVELOPMENT, LLC for 411 22nd Street (GPIN24270837630000) The site shall be developed substantially in conformance with the submitted "Non-Conforming Exhibit for Beach Borough, LLC #411 22nd Street ", prepared by WPL Landscape, Architects /Land Surveyors /Engineers, and dated November 28, 2011. Said Plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed duplex shall be constructed substantially in conformance with the submitted elevations that depict the side, front and rear of the building. Said elevations have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 3. Building materials shall consist of fiber-cement board siding, vinyl lap and shake siding, and architectural-grade roofing shingles. Brick skirting shall cover the foundation. The windows, doors, railing and columns shall be vinyl clad. Building colors shall be neutral tones of grays, browns, beige, cream and white. The existing single family dwelling, including the supports for the screened porch, shall be painted to match or complement the proposed duplex. 4. Foundation landscaping shall be installed along the front wall of the existing single family dwelling and the rear of the proposed duplex. The planting bed shall be a minimum of five feet in width and shrubs shall be a minimum of three (3) feet in height. The beds shall be delineated with landscape timbers, stones or bricks. S. The front yard and yard area between the structures shall be landscaped with grass, shrubs and trees. The HVAC units shall be screened from view with landscaping or fencing. 6. The applicant shall submit a Landscape Plan addressing conditions four (4) and five (S) to current Planning for review and approval. The proposed concrete driveway is not permitted. The applicant shall install pavers or drive strips from the 22nd Street right-of--way to the parking area at the rear of the single family dwelling. The applicant shall install sufficient concrete for two (2) parking spaces at the rear of the single family dwelling. The applicant shall work with current Planning Staff to determine an appropriate location. April 10, 2012 -64- Item -VII-K.3 PLANNING ITEM #61786(Continued) This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Tenth day of April, Two Thousand Twelve Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 10, 2012 1 A RESOLUTION AUTHORIZING THE RECONSTRUCTION 2 OF A NONCONFORMING USE ON PROPERTY LOCATED 3 AT 411 22ND STREET 4 5 WHEREAS, Beach Borough Development, LLC, (hereinafter the "Applicants") 6 have made application to the City Council for authorization to reconstruct a 7 nonconforming use located at 411 22nd Street in the RT-3 Resort Tourist District, by 8 demolishing and reconstructing a duplex; and 9 10 WHEREAS, this lot contains two dwelling units; a single family dwelling and a 11 duplex. Two dwellings on the same lot are not currently allowed in the RT-3 Zoning 12 District, further the duplex dwelling is also not currently allowed in the RT-3 Zoning 13 District. Both dwellings are nonconforming as both dwellings were built prior to the 14 adoption of the applicable zoning regulations; 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 19 reconstructed, will be equally appropriate or more appropriate to the zoning district than 20 is the existing 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 reconstructed, will 26 be equally appropriate to the district as is the existing nonconforming use under the 27 conditions of approval set forth hereinbelow. 28 29 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 30 BEACH, VIRGINIA: 31 32 That the reconstruction of the nonconforming use is hereby authorized, upon the 33 following conditions: 34 35 1. The site shall be developed substantially in conformance with the submitted 36 "Non-Conforming Exhibit for Beach Borough, LLC #411 22nd Street", prepared 37 by WPL Landscape, Architects / Land Surveyors /Engineers, and dated 38 November 28, 2011. Said plan has been exhibited to the Virginia Beach City 39 Council and is on file in the Planning Department. 40 41 2. The proposed duplex shall be constructed substantially in conformance with the 42 submitted elevations that depict the side, front, and rear of the building. Said 43 elevations have been exhibited to the Virginia Beach City Council and are on file 44 in the Planning Department. 45 46 3. Building materials shall consist of fiber-cement board siding, vinyl lap and shake 47 siding, and architectural-grade roofing shingles. Brick skirting shall cover the 48 foundation. The windows, doors, railing, and columns shall be vinyl clad. Building 49 colors shall be neutral tones of grays, browns, beige, cream, and white. The 50 existing single-family dwelling, including the supports for the screened porch, 51 shall be painted to match or complement the proposed duplex. 52 53 4. Foundation landscaping shall be installed along the front wall of the existing 54 single-family dwelling and the rear of the proposed duplex. The planting bed shall 55 be a minimum of five feet in width and shrubs shall be a minimum of three feet in 56 height. The beds shall be delineated with landscape timbers, stones, or bricks. 57 58 5. The front yard and yard area between the structures shall be landscaped with 59 grass, shrubs and trees. The HVAC units shall be screened from view with 60 landscaping or fencing. 61 62 6. The applicant shall submit a landscape plan addressing conditions 4 and 5 to 63 Current Planning for review and approval. 64 65 7. The proposed concrete driveway is not permitted. The applicant shall install 66 pavers or drive strips from the 22nd Street right-of-way to the parking area at the 67 rear of the single-family dwelling. The applicant shall install sufficient concrete for 68 two parking spaces at the rear of the single-family dwelling. The applicant shall 69 work with Current Planning Staff to determine an appropriate location. 70 71 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 o t h day 72 of April , 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SU FICIENCY: Planning epartment City Attorney's O ice CA12237 R-1 March 27, 2012 -65- Item -VII-K.4 PLANNING ITEM #61787 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED/CONDITIONED, BY CONSENT, Application of FAITH HOUSE OF REFUGE for a Conditional Use Permit re a religious use and Family Life Center at 4676 Princess Anne Road (DISTRICT 2 - KEMPSVILLE DISTRICT) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. Ordinance upon Application of FAITH HOUSE OF REFUGE for a Conditional Use Permit re a religious use and Family Life Center at 4676 Princess Anne Road (GPIN1476338843) DISTRICT 2 - KEMPSVILLE DISTRICT The following conditions shall be required: The number of individuals attending any service shall not exceed the occupancy number established by the Fire Marshall on the Certificate of Occupancy. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department /Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official prior to occupancy and use of the space for a church. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Tenth day of April, Two Thousand Twelve Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 10, 2012 -66- Item -VII-K.S PLANNING ITEM #61788 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council APPROVED/CONDITIONED, BY CONSENT, Application of ROY R. and JOSIE B. BUNI for a Conditional Use Permit, for residential development at 1619 North Muddy Creek Road (DISTRICT 7 - PRINCESSANNE DISTRICT) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. Ordinance upon Application of ROY R. and JOSIE B. BUNI for a Conditional Use Permit, for residential development at 1619 North Muddy Creek Road (GPIN 2412573435) DISTRICT 7 - PRINCESS ANNE DISTRICT The following conditions shall be required.• The site shall be developed substantially in accordance with the submitted Subdivision Plan, entitled "Preliminary Subdivision Plan for Roy R. and Josie B. Buni, at 1619 N. Muddy Creek Road, Virginia Beach, Virginia, " dated November 22, 2011, prepared by SIA Site Improvement. Said Plan has been exhibited to the Virginia Beach Planning Commission and City Council and is on file in the Planning Department. 2. The property owner shall ensure that the on-site gravel driveway meets the Public Works Specifications and Standards as required for support of emergency vehicles and shall maintain the driveway such that it meets the required standard at all times. 3. A private access easement shall be placed over the shared portion of the existing driveway. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Tenth day of April, Two Thousand Twelve April 10, 2012 -67- Item -VII-K.S PLANNING ITEM #61788 (Continued) Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Council Members Abstaining: Mayor William D. Sessoms, Jr. April 10, 2012 -68- Item -VII-K.6 PLANNING ITEM #61789 Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council APPROVED/CONDITIONED WITH EIGHT (8) SIGNS, Application of VIRGINIA MUSEUM OF CONTEMPORARYARTS, to allow Roadside Gnide Signs: (DISTRICT 6 - BEACHDISTRICT) 1) I-264 and Birdneck Road 2) Birdneck and Old Virginia Beach Roads, North bound 3) Birdneck and Old Virginia Beach Roads, South bound 4) 22"d Street at Pacific Avenue S) North side of Laskin at Birdneck Road 6) South side of Laskin at Birdneck Road 7) South side of 22"d Street at Pacific Avenue 8) Parks Avenue at 22"d Street and I-264 West BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. Ordinance upon Application of Application of VIRGINIA MUSEUM OF CONTEMPORARY ARTS, to allow Roadside Guide Signs: (DISTRICT 6 - BEACHDISTRICT) Option No. 1 1) I-264 and Birdneck Road 2) Birdneck and Old Virginia Beach Roads, North bound 3) Birdneck and Old Virginia Beach Roads, South bound 4) 22"d Street at Pacific Avenue S) North side of Laskin at Birdneck Road 6) South side of Laskin at Birdneck Road 7) South side of 22"d Street at Pacific Avenue 8) Parks Avenue at 22"d Street and I-264 West The following conditions shall be required: 1. Eight (8) Roadside Guide Signs are approved in the locations shown by red circles on the map labeled, "Proposed Roadside Guide Signs for Virginia Museum of Contemporary Art, dated April 10, 2012. " 2. Prior to installation of any Roadside Guide Sign, the applicant shall meet with the Traff c Engineer, or his designee, to determine exact locations and to avoid conflicts with any existing signs. 3. The Roadside Guide Signs shall be designed a~zd sized substantially as shown on the submitted graphic, which shows a brown background with the "MOCA " logo in white, the name of the Museum spelled out (in white letters), a directional arrow in white at the bottom of the sign and a white border around the edge of the sign. The size of the sign shall be 24-inches by 24-inches. The final design of the signs shall be determined after meeting with the Traffic Engineer, or his designee, and the Director of Planning, or his designee. April 10, 2012 -69- Item -VII-K.6 PLANNING ITEM #61789(Continued) 4. Prior to erecting any sign, the Museum of Contemporary Arts (MOACA) shall provide Public Works /Real Estate, a copy of a liability insurance policy naming the City as co-insured on the policy for the signs. 5. Sign and sign post materials shall meet specifications in the Public Works Standards for use in the public right-of--way. Contact must be made with the Traffic Engineer for any questions regarding the requirements. 6. The signs shall be installed with a maximum height of nine and one-half- feet (9-1/2) above ground level and shall have a minimum clearance of seven feet (7) from the ground level to the bottom of the sign. 7. MOCA shall maintain the signs in good condition at all times. Any sign not in good condition shall be subject to removal and disposal by the Department of Public Works. 8. The Department of Public Works may relocate any sign if necessary to accommodate public signage requirements. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Tenth day of April, Two Thousand Twelve Voting: 10-1 Council Members Voting Aye: Glenn R. Davis, 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: John D. Moss, Council Members Absent: None April 10, 2012 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 REQUESTED BY THE APPLICANT A RESOLUTION AUTHORIZING ROADSIDE GUIDE SIGNS FOR THE VIRGINIA MUSEUM OF CONTEMPORARY ARTS (MOCA), LOCATED AT 2200 PARKS AVENUE WHEREAS, the Virginia Museum of Contemporary Arts, (hereinafter the "Applicant), located at 2200 Parks Avenue (Beach District), is an establishment operated exclusively for cultural and artistic purposes on snot-for-profit basis; and WHEREAS, the Applicant has requested that it be allowed to erect eight (8) roadside guide signs in the public rights-of-way along Birdneck Road, 22"d Street, Laskin Road and Parks Avenue in order to provide directions to the Virginia Museum of Contemporary Arts for the benefit of motorists unfamiliar with its location; and WHEREAS, the City Council finds that eight (8) roadside guide signs are necessary to provide motorists with adequate guidance to the Virginia Museum of Contemporary Arts. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the placement of eight (8) roadside guide signs by the Applicant is hereby authorized, upon the following conditions: 1. Eight (8) roadside guide signs are approved as follows, and as indicated on the attached map labeled, "Proposed Roadside Guide Signs for Virginia Museum of Contemporary Art, dated April 10, 2012." a. Sign on Birdneck Road at I-264 exit ramp (arrow pointing left); b. Sign on northbound Birdneck Road at its intersection with Old Virginia Beach Road (arrow pointing right), which leads to MOCA's rear entrance; c. Sign on southbound Birdneck Road at its intersection with Old Virginia Beach Road (arrow pointing left), which leads to MOCA's rear entrance; d. Sign on 22nd Street at Pacific Avenue intersection (arrow pointing up) pointing towards 264 West and MOCA's entrance on Parks Avenue; e. Sign on the north side of Laskin Road at its intersection with Birdneck Road (with arrow pointing left toward southbound Birdneck Road); 1 43 f. Sign on the south side of Laskin Road at its intersection with 44 Birdneck Road (with arrow pointing right toward southbound 45 Birdneck Road ); 46 g. Sign on the north side of 22nd Street, just west of Pacific Avenue 47 (arrow pointing straight); and 48 h. Sign on northbound Parks Avenue, located at the south side of its 49 intersection with 22"d Street / I-264 West (arrow pointing straight 50 toward MOCA's entrance on Parks Avenue). 51 2. Prior to installation of any Roadside Guide Sign, the applicant shall meet with 52 the Traffic Engineer, or his designee, to determine exact locations and to 53 avoid conflicts with any existing signs. 54 3. The Roadside Guide Signs shall be designed and be sized substantially as 55 shown on the submitted graphic, which shows a brown background with the 56 "MOCA" logo in white, the name of the museum spelled out (in white letters), 57 a directional arrow in white at the bottom of the sign, and a white border 58 around the edge of the sign. The size of the sign shall be 24-inches by 24- 59 inches. The final design of the signs shall be determined after meeting with 60 the Traffic Engineer, or his designee, and the Director of Planning, or his 61 designee. 62 4. Prior to erecting any sign, the Museum of Contemporary Art (MOACA) shall 63 provide Public Works /Real Estate, with a copy of a liability insurance policy 64 naming the City as co-insured on the policy for the signs. 65 5. Sign and sign post materials shall meet specifications in the Public Works 66 Standards for use in the public right-of-way. Contact must be made with the 67 Traffic Engineer with any questions regarding the requirements. 68 6. The signs shall be installed with a maximum height of nine and one-half-feet 69 (9-1/2') above ground level and shall have a minimum clearance of seven feet 70 (7') from the ground level to the bottom of the sign. 71 7. MOCA shall maintain the signs in good condition at all times. Any sign not in 72 good condition shall be subject to removal and disposal by the Department of 73 Public Works. 74 8. The Department of Public Works may relocate any sign if necessary to 75 accommodate public signage requirements. 76 Adopted by the Council of the City of Virginia Beach, Virginia, on the 10th day of April , 2012. 2 APPROVED AS TO CONTENT: --.. Plannin epartment CA12241 R-1 March 28, 2012 APPROVED AS TO LEGAL SUFFICIENCY: 1 ` Cit t rney's ice MOCA -- Roadside Guide Signs Page6of8 PRIMARY REQUIREMENTS FOR ROADWAY GUIDE SIGNS (from Section 211.1): ^ The establishment requesting the sign must operate "exclusively for cultural, literary, scientific or artistic purposes and on snot-for-profit basis." ^ The face of the sign cannot be larger than five (5) square feet, and it cannot be higher than nine feet-six inches (9'-6") from the ground. There also must be a minimum clearance from the ground to the bottom of the sign of seven feet. ^ No more than three signs can be requested. The City Council can allow more than three if it is determined by the City Council that more are needed to provide motorists with the direction needed. ^ The face of the sign may only consist of the name of the use or establishment, a logo, or other graphic symbol indicating the type of use or establishment, a directional arrow and the mileage to the use or establishment may be displayed. The lettering, graphic elements, and background shall be approved by the Department of Public Works in accordance with the standards for such signage adopted by the Department of Public Works. ^ Signs can be erected only in the specific locations approved by the City Council. The Department of Public Works may relocate a sign if necessary to accommodate public signage requirements. ^ Signs must be maintained in good condition at all times. Any sign not in good condition will be removed and disposed of by the Department of Public Works. MOCA -- Roadside Guide Signs Page 7 of 8 }~ N MOCA -- Roadside Guide Signs Page 8 of 8 O N ~ ~ s.. ~ ~ ~ -~ ~ m ~ m ~, ~ ~, ~ o ~ N ~ m ~ -70- ITEM VII-L. APPOINTMENTS ITEM #61790 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: AUDIT COMMITTEE BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS COMMUNITY SERVICES BOARD April 10, 2012 -71- Item -V-N APPOINTMENTS ITEM #61791 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Millette Solonga 3-Year term 4/1/12-3/3l/1 S HEALTH SERVICES ADVISORY BOARD Voting: I1-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None April 10, 2012 -72- Item -V-M APPOINTMENTS ITEM #61792 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Jay Richard Trowbridge Vice Admiral Timothy W. Wright Unexpired terms thru 2/28/13 + S Yrs to 2/28/18 MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 10, 2012 -73- Item -V-M APPOINTMENTS ITEM #61793 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Sharon Felton Unexpired term thru 3/31/14 PARKS and RECREATION COMMISSION Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None April 10, 2012 -74- Item -V-M APPOINTMENTS ITEM #61794 Upon NOMINATION by Vice Mayor Jones, City Council NOMINATED: Preston Midgets Glenn R. Davis Pending MOCA Board appointment in July VIRGINIA MUSEUM OF CONTEMPORARYART -TRUSTEES Voting.• 11-0 (By Consent) Council Members Voting Aye: Glenn R Davis, William R "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None April 10, 2012 -75- Item -V-O ADJOURNMENT ITEM #61795 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 8: DO P.M. Am aFinley-Barnes, MC Deputy City Clerk Ru h Hodges Fraser, MMC Caty Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor April 10, 2012 -75- Item -V-O ADJOURNMENT ITEM #61795 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 8:00 P.M. Am da Finley- arnes, MC Deputy City Clerk th Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor April l0, 2012 -76- PUBLIC DIALOGUE Christine Ross, 5557 New Colony Drive. Ms. Ross stated she was a former resident of Mayfair Mews Apartment Complex. She was saddened, but not surprised, by the recent jet crash. While residing in the complex, the Navy Jets would fly just a few yards above the roof of her rented apartment. While that is a tragic event which just happened, there is an ongoing tragedy that is being ignored by the City and news media. One out of six Americans have died due to abortion which is causing significant economic, social and religious changes. The death tolls of the abortion mills in our community is over 100 babies a week. Will Calano, 1728 Baltic Avenue. His condo is located right next to the TLC Carwash. Mr. Calano has requested help from lots of different agencies, Police Department, Planning, etc. The Carwash was there when he moved into his condo. The Carwash installed a blower that is literally 35 feet from his front door and goes off SO to 100 times a day. Mr. Calano is requesting some action regarding this noise issue. Jimmy Frost, 2240 Winden Place. Mr. Frost complemented the City for their work with the plane crash. His stepson got with the Police and is currently housed at the Norfolk City Jail and he uses Light Rail to visit his stepson. A lot has changed in nine (9) years. Mr. Frost talks to people on the train, talks to people about the train and they really like it. Put this project before the voters. Everyone knows it is going to be expensive. April 10, 2012