JANUARY 7, 2003 MINUTESEITY COUNCIL
MA YOR ME YERA E 0 BERND ORF, A t-La rge
VICE MAYOR LOUIS R JONES, Bayside - D~str~ct 4
MARGARET L EURE, Centervdle - Dtstr~ct 1
HARRY E DIEZEL, Kempsvdle - D~str~ct 2
REBA S McCLANAN, Rose Hall - Dtstr~ct 3
RICHARD A MADDOX, Beach -Dtstrtct 6
JIM REEVE, Princess Anne -Dtstrtct 7
PETER W SCHMIDT, At-Large
RON A VILLANUEVA, At-Large
ROSEMARY WILSON, A t-Large
JAMES L WOOD, Lynnhaven -Dtstrtct 5
dAMES K SPORE, Ctty Manager
LESLIE L LILLEE Ctty Attorney
RUTH HODGES SMITH, MMC, Ctty Clerk
City of Virginia Beach
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
January 7, 2003
CITY HALL BUILDING I
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE (757) 427-4505
FAX (75 7) 426-5669
E MAIL Ctycncl~vbgov com
I. CITY MANAGER'S BRIEFINGS
- Conference Room - 1:00 PM
,
TELECOMMUNICATIONS UPGRADE
Gwen K. Cowart, Director - Department of Commumcations and Information Technology
.
COMMONWEALTH'S ATTORNEY - GOVERNOR'S Budget Shortfalls
Harvey L. Bryant, m, Commonwealth's Attorney
,
ECONOMIC DEVELOPMENT STRATEGIC PLAN
Donald L. Maxwell, Director of Economic Development
Il. REVIEW OF AGENDA ITEMS
III. COUNCIL LIAISON REPORTS
IV. CITY COUNCIL COMMENTS
V. INFORMAL SESSION - Conference Room- 4:30 PM
A. CALL TO ORDER- Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VI FORMAL SESSION
-Council Chamber - 6:00 PM
A. CALL TO ORDER- Mayor Meyera E. Obemdorf
B. INVOCATION:
Pastor Randy Chddress
Kempsville Church of Christ
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
December 17, 2002
G. AGENDA FOR FORMAL SESSION
H PUBLIC HEARING
1. TAXIMETER RATE INCREASE
ORDINANCES/RESOLUTION
1. Ordinances re Cigarette Tax:
a. AMEND § 35-207 of the City Code re proposed cigarette tax increase
bo
APPROPRIATE $1,080,000 additional CIGARETTE TAX revenue to Economic
Development re fire and police staffing as well as public safety facilities and
equipment
.
Ordinance to AUTHORIZE a Cooperative Agreement between the City Council and the
School Board re the provision of legal services to the Board by the City Attorney in FY
2002-2003.
.
Ordinance to ESTABLISH the Creeds Trmmng Facility-design; APPROPRIATE
$80,0000 from the DEA Shared Assets fund; and, TRANSFER $520,000 from the Library
Renovations and Replacements capital improvement project (CIP).
.
Ordinances to ACCEPT and APPROPRIATE funds for open space improvements:
a. $ 5,830 from Mill Dam Landing Associates - Beachwalk Landing
b $94,250 from Carol Ann Properties, Inc. - Estates on the Lynnhaven
o
Resolution appointing Lee Earl Devendorf to the position of Assistant City Attorney
effectlvel January 2003.
Jo
PLANNING
o
Application of KEMPSVILLE/CENTERVILLE ASSOCIATES, L.L.C. for a Concltttonal
Use Perrntt re mini-warehouses and self storage with an office building and manager's
residence on the south side of Kempsville Road and Centervdle Turnpike containing 9.31
acres.
(DISTRICT 1 - CENTERVILLE)
Deferred:
Recommendation:
November 26, 2002
APPROVAL
Ko
APPOINTMENTS
COMMUNITY SERVICES BOARD (nominated 12/17/02)
Robert Gregory
William J. Bmnke
MINORITY BUSINESS COUNCIL
RESORT ADVISORY COMMISSION (RAC)
VOLUNTEER COUNCIL
YOUTH SERVICES COORDINATING COUNCIL
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call TDD only 427-4305
(TDD - Telephonic Demce for the Deaf)
Agenda 01/07/03/gw
www vbgov com
MINUTES
VIRGINIA BEACH CiTY COUNCIL
Virginia Beach, Virginia
7 January 2003
Mayor Meyera E Oberndorf called to order the CITY MANAGER'S BRIEFINGS re the report of
TELECOMMUNICATIONS tn the Ctty Counctl Conference Room, Ctty Hall Butldtng, on Tuesday,
January 7, 2003, at 1 O0 P M
Counctl Members Present
Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba
S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm
Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and
James L Wood
Counctl Members Absent
None
-2-
CITY MANAGER'S BRIEFINGS
TELECOMMUNICATIONS UPGRADE
I :OO P. M.
ITEM # 50602
Davtd Sulhvan, Chtef lnformatton Officer, tntroduced Gwen Cowart, Dtrector of Communtcattons and
Informatton Technology and Doug Onhatzer, Commumcattons Technology Admtntstrator Mr Sulhvan
advtsed ComlT ts at a potnt hwere tt ts necessary to make stgntficant tnvestment tn the telecommuntcattons
tnfrastructure and telephone system technologtes that support all the City Government
Gwen Cowart, advtsed COMITvtrtually runs tts own telephone company for the Ctty Thts has proven to be
cost effecttve and more effictent
The City's Internal "Telephone Company"
Cost effecttve and effictent
Volume servtce purchastng for the enttre orgamzatton
Centrahzed support, engtneertng, matntenance and &rector
servtces
Integrated votce and data wtrtng infrastructure management
Dehvers conststent, tntegrated servtce and feature sets
Ms Cowart &splayed a chart deptcttng the Telecommumcattons overvtew A prtvate phone swttch ss
operated on the Mumctpal Campus a prtvate branch exchange that servtces all the 'phones across the
Muntctpal campus area The servtces dehvered are Votce Mad, Automattc Call Dtstrtbutton (ACD) and
Integrated Information Response System The Ctty then connects out to the long &stance servtce provtder
and the contracted telephone company (Vertzon) Thts subsequently connects to all the remote users
throughout the Ctty Soctal Servtces, Pohce and Ftre Stattons, Ltbrartes and Parks and Recreatton facthttes
There are thtrty-five hundred (3500) Campus users and three thousand (3, 000) Remote users
Telecommunication Services
Votce Mad
Automattc Call Dtstrtbutton (A CD)
Remote &te Telephone Systems
Remote Dtal-tone Phone Servtce (Centrex)
Telephone Equtpment Servtce- (PBX AND Phones)
Integrated Informatton Response Systems (Permtts and
Inspecttons, Beachhne)
Pubhc Telephone Service (Payphone ManagemenO
Long Dtstance Servtce
Cell Phone Equtpment and Servtces
Wtde Area Network (WAN) - Remote &te Networks
Cabhng
January 7, 2003
-3-
CITY MANAGER'S BRIEFINGS
TELECOMMUNICATIONS UPGRADE
ITEM # 50602 (Continued)
Wide Area Network (WAN) Services
Data network connecttng muntctpal campus network and 50 remote sttes
Provtdes access to
Enterprtse apphcattons and servtces such as emad, VIBES
(ORACLE Fmanctals), CPRMS/DBRMS, Internet
Departmental apphcatton
Current WAN Network Type - SMDS
Out of support by June 2003
*New WAN Network Type - Frame Relay
Future mtgratton capabthty to A TM
*Mtgratton must be made as current WAN Network wtll no longer be supported
Relattve the ortgtnal Telecommumcattons RFP and contract, the ortgtnal contract for servtces was exptrtng
duly 2002 Extenstons were negottated to December 31, 2002, to assure thorough evaluatton of
opportuntttes The planmng began tn December 2000 with the development of an Request for Proposal
(RFP) The Telecom RFP was completed and tssueddune 2001 Essenttallyfrom October 2002 to July 2002,
ComlTengaged tn vendor presentattons, demonstrattons and negottattons The final contract was awarded
to Vertzon tn August 2002 Basically the contract has a ten (I0) year term, wtth a four-(4) year tmttal term
and then the optton for three (3) two (2)-year renewals Thts contract entatls
Wire telephone services, not wireless.
Maintenance of main switch
Wide Area Network (WAN) system
Remote telephone systems
Voice Main Services
Provtdes standard votce mad box
Currently at capacity - 1800 users
ttave unmet need for approxtmately 200 users (watttng hsO
Remote sites wtll be servtced by new votce mad (Need for addtttonal 500 +matlboxes)
No expansion capactty on extsttng system - need to replace
January 7, 2003
-4-
CITY MANAGER'S BRIEFINGS
TELECOMMUNICATIONS UPGRADE
ITEM # 50602 (Continued)
Counctl Lady McClanan expressed concern relattve the mtsuse of Votce Mad Ms Cowart advtsed each
department determtnes tf Votce Mad ts a servtce the tndtvtdual staff member requtres to conduct thetr
bustness ComlT provtdes Votce Mad upon request by the parttcular Ctty Department There are 6,500
telephones tn the system wtth 1800 Votce Mad users Ms Cowart will query the tn&vtdual departments re
the crtterta utthzed to determtne Votce Mad usage A copy of the City's gmdehnes re utthzatton of Votce
Mad will be provtded
Mr Onhatzer advtsed there are approxtmately 1,000 wtreless phones Ms Cowart referenced the Ctty has
a regtonally negottated contract wtth the Ctty of Norfolk, currently tnvolvmg Vertzon The Ctty wtllprobably
submtt a new RFP for these servtces OCocustng on wtreless or votce and data servtces) wtthtn the next ntne
(9) to twelve (12) months Thts envtronment has been changtng radtcally and has become very compettttve
There wtll be opportuntttes to procure expanded servtces for the same or less dollars Concerntng pagers,
a pagtng system ts run through the ra&o system, whtch ts uttltzed by many Ctty agenctes Thts ts a very tow
cost to the agenctes as tt ts runmng on the City's tnfrastructure However, some employees have a need to
be paged regtonally or statewtde and vendors tn the marketplace are requtred There ts no spectfic contract,
pagtng servtces can be provtded through the Vertzon contract or other vendors Thts ts usually drtven by
some spectfic bustness need for the employee who travels nationally Typtcally, these contracts would entatl
a 3 to 4-year term wtth the optton to renew
Counctlman Wood advtsed hts organtzatton, although relattvely small, has saved constderable funds by
evaluatmg thts technology on a much more frequent basts than yearly Ms Cowart advtsed the Ctty's
system ts very complex, wtth a dtahngplan, dtstrtbutton and reservatton of numbers If thts was done more
frequently, thephone number would have to be continually changed throughout the entire organization Ms
Cowart advtsed Counctlman Vtllanueva, the Vertzon contract was based on best value Internet services are
procured through a consortium tn the Regton (RIPTIDE) Bastcally, those servtces are from Cox Cable
Remote Site Upgrades
Current aged systems fathng
41 Remote sites with eqmpment
Replace tn phases -Ftrst Phase 15 sttes- some tn excess of 12
years old
Connect to muntctpal center for Votce Mad and other telephony
servtces (ACD, 5-Dtgtt dtahng)
Stte Examples -Ltbrartes (Kempsvdle, Great Neck, Prtncess
Anne, Windsor Woods) Fire Stations (I6 18, 20, 3, 17, 19),
Recreatton Centers (Baystde, Great Neck Princess Anne)
January 7, 2003
-5-
CITY MANAGER'S BRIEFINGS
TELECOMMUNICATIONS UPGRADE
ITEM # 50602 (Continued)
Automatic Call Distribution (ACD)
Ctttzen calls can be processed effecttvely versus getttng busy stgnal or
not reachtng servtces
Heavy volume of phone calls
Pubhc Utthttes
Pubhc Works
Commzsstoner of Revenue
Permtts& Inspecttons
Pubhc Informatton Office
Unmet need
Need to upgrade to support new users
Ltbrartes, Waste Management, Emergency 911 Center
No cttywtde phone stattsttcs- no abthty to add addtttonal management
consoles
Phone Equipment
Telephone sets are agtng- Average 8 years
3500 sets currently at Muntctpal Center
Upgrade to be tn Phases
1200 tn First Phase
Rematmng 2300 wtll be phased tn over the next 2 years
Provtde conststent platform - enhanced servtces (Cttywtde dtrectory,
securtty feature of log-m apphcatton)
Mtntmtze repatr parts and cost
Ease of programmmg
Additional Services
Cttywtde Dtahng - 5 Dtgtt dtahng to any ctty office
Caller - Id - Displays incoming call tnformatton to assist tn identifying
the caller
Prtvate Branch Exchange (PBX) Swttch Upgrades - Matntatmng
swttches at current support level
January 7, 2003
-6-
CITY MANAGER'S BRIEFINGS
TELECOMMUNICATIONS UPGRADE
ITEM # 50602 (Continued)
Internal Service Fund
Fund reserve managed to support tnfrastructure and system
replacement and refresh
Telecommuntcatton rates estabhshed to cover current cost and fund
future replacement and refresh
Mtntmtze tmpact on General Fund for tnfrastructure mvestments
Funds fi>r this effort held tn retatned earmngs untd Telecom Contract
was tn place
611 - IT Retained Earnings
Appropriation Request
Voice Mail $ 300,000
~lCD $ 150,000
Phones $ 350,000
Remotes $ 440,000
WAN $ 150,000
TOTAL $ 1,390,000
Councdman Dtezel requested information re the overall revenue stream derived from the 911 fund
Relattve the total contract award, Ms Cowart advtsed Councdman Vdlanueva the award ts dependent upon
purchase If the City does not replace the Voice Mad system, this cost value wdl not be under the contract
The Contract allows the Ctty to purchase "off the contract" what they wtsh Mr Onhatzer esttmated
approxtmately SI-MILLION tn servtces per year encompasstng the Wtde Area Network and the hnes tnto
the pubhc swttch telephone network The telephones provided also encompass the School admtmstratton
buddtng Counctl Lady Eure requested a breakdown of the location and types of phones such as the one
located tn Conference Room Ms Cowart esttmated the Ctty ts savtng approxtmately $400,000 byprovtdmg
its own servtce The exact calculatton shall be provtded Some of the Remote systems are breaktng down
dady (key systems, whtch are self contained) The current Voice Mad system ts not fadmg The Votce Mad
System and the Automattc Call Dtstrtbutton system just does not have the functtonahty needed by the
organtzatton Ms Cowart advtsed Councdman Schmtdt there are etght (8)full ttme staff who operate the
'phone system for the Ctty Outsourcmg, tn tts enttrety, was revtewed tn the RFP process and thts
tnformatton shall be provided Councd Lady Eure requested caution and monttortng tn the utthzatton of
Caller Id
January 7, 2003
-7-
CITY MANAGER'S BRIEFINGS
TELECOMMUNICATIONS UPGRADE
ITEM # 50602 (Continued)
Ms Cowart advtsed Councilman Jones the capabtltttes of the replacement telephones wtll entail readtng
from the matn swttch AND a dtrectory of all the tnternal numbers Mr Onhatzer, advtsed thts ts the base
model There are advanced models wtth addtttonal features The 'phones tn the first year replacement
(approximately 1200 telephones) entatl a cost of approxtmately $250 to $290 per 'phone Where there does
not need to be a large &splay (as tn a Conference Room), there ts a lower cost 'phone of approximately
$100 These are betng evaluated on a case-by-case base Therefore, thts ts not a one-for-one replacement
Mayor Oberndorf appomted Vtce Mayor Jones and Counctlman Schmtdt as Council Ltatsons to confer with
ComlT re the concerns
Ms Cowart advised that ttme dependent on the approprtatton ts the fun&ngfor the replacement of the
Wide Area Network (WAN) which goes wtthout further support by June 2003 The servtces contract wtth
Vertzon was stgned tn August
The Wide Area Network (WAN) approprtatton document shall be scheduled for the Ctty Counctl Session
of January 14, 2003
January 7, 2003
-8-
CITY MANAGER'S BRIEFINGS
COMMONWEALTH'S ATTORNEY- GOVERNOR'S Budget Shortfalls
2:IO P. M.
ITEM # 50603
Commonwealth's Attorney Harvey L Bryant, III, advtsed he has been a Prosecutor for 19 of the 28 years,
he has been practtctng law Few departments of thts Ctty are as pubhcally scrutmtzed as ts hts office tn the
performance of datly duttes Judges, jurtes, the pubhc and medta evaluate the Attorneys The
Commonwealth's Attorney's budget was reduced by 7% as a result of the Governor's cuts tn October Thts
equates to approxtmately $136,000 between now and the end of June Because of those cuts,
Commonwealth's Attorney Bryant reahzed he was gotng to have to cease duttes not requtred by State law
and for whtch the State does not provtde fundtng Thts, unfortunately, ts the category of Domesttc Vtolence
cases (approxtmately 2,200 casesperyear) Effecttve November 25, 2002, Commonwealth's Attorney Bryant
stopped accepttng new Domesttc Vtolence cases for prosecutton Obvtously, there wtll sttll be arrests wtth
cases comtng to Court Correspondence from Chtef dacocks was dtstrtbuted On December Thtrty-first, the
office expertence thetr first loss of a posttton Fortunately, as Ctty Attorney Les Ltlley had an opentng, the
Attorney was able to transfer wtth tn the system Wtthout asststance, he wtll lose another Attorney before the
end of February or first part of March Commonwealth's Attorney Bryant has reduced his budget tn terms
of travel, tratntng and other ttems whtch would allow hts office to sttll perform the bare mtntmum on a datly
basts The office ts requtred by State Law to have a certam number of hours of conttnutng legal educatton
tn order to matntatn thetr hcenses An approprtatton of $50,000 would allow the restoratton of the
prosecutton of Domesttc Vtolence cases at least unttl June Thtrtteth $25,000 would prevent the dtsmtssal
of a second Attorney Domestic Vtolence cases that are tn the ptpehne are still betng prosecuted The loss
of thts Attorney would mean there wtll be no dedtcated counsel relattve the forfeiture of drug assets These
would result tn loss of funds to the Pohce Department Stnce thts program commenced, tn 1977, $777,000
has been forfetted as a result of prosecutton of drug dealers and the forfetture of thetr assets Currently, on
an annual basts, those forfettures are provtdmg approxtmately $125,000 a year to the Pohce Department
Chtef Jacocks esttmates if there ts no longer an attorney dedtcated to thts functton wtll result tn a shortage
of approximately $50, O00 per year wtll result Thts duty of forfetture will become a collateral duty to those
attorneys who handle those cases
Relattve the Ctty Attorney's office prosecuttng the Domesttc Vtolence cases, hts office can only prosecute
those matters which the Commonwealth's Attorneypermtts The City Attorney has dtscussed wtth the Pohce
Department provtdtng a mtntmal amount of servtce to assist with the most sertous cases The
Commonwealth's Attorney's office has a very effictent servtce and provtdes "vtcttm wttness" The Ctty
Attorney's office would not be able to provtde thts same level of servtce The Pohce Officers wtll prosecute
the mtsdemeanor cases on thetr own and the City Attorney's office wtll provtde and an attorney to asstst
Currently wtth mtsdemeanors tn General Dtstrtct Court, hts office asstgns one attorney to asstst Pohce
Officers requesttng asststance (prtmartly tn the DUI area)
Commonwealth's Attorney Bryant advtsed he would have to research the delegatton of forfetture of drug
asset cases to the Ctty Attorney's office However, he beheves there would be co-ordtnatton and effictency
problems He ts now on record tn the nattonal medta advtstng that he wtll accept corporation and foundatton
donattons to hts Operattng Budget
The Commonwealth's Attorney recetves 20%from the proceeds of the drugforfetture cases Thts ts placed
tn a "ratny day fund" He wtll probably have to uttltze thts fund when tt comes ttme to tratn approxtmately
twenty-etght (28) attorneys tn thetr conttnutng educatton requtrements Annual tratntng cost ts
approxtmately $100,000
January 7, 2003
-9-
CITY MANAGER'S BRIEFINGS
COMMONWEAL TH'S ATTORNEY- GOVERNOR'S Budget Shortfalls
ITEM # 50603 (Continued)
Currently there ts dtscusston involving tncreastng a $5.00 Commonwealth's Attorney's fee assoctated wtth
the prosecutton of crtmtnal cases, which ts placed tn the State's General Fund Thts has been at $500for
approxtmately forty (40) years or more The collectton of fines and costs ts approxtmately $2-MILLION
60% or more comes back to the Ctty of Vtrgtnta Beach
Commonwealth's Attorney Bryant dtstrtbuted correspondence from Chtef A M `iacocks, ,Ir - Pohce,
Captatn San& Baum, Detecttve Bureau and Fredertck C ,Ienks, III, Clerk- `iuventle and Domesttc Relattons
Dtstrtct Court, as well as coptes of pettttons stgned by 936 tndtvtduals The ortgtnals wtll be forwarded to
the State Delegation
The Ctty Manager advtsed the amount of funds necessary to asstst the State responstbthttes through the
March 1, 2003, would be approxtmately $250,000 Thts figure assumes a hiring freeze tn all the departments
and travel and training cut back the maxtmum extent posstble If thts fundtng were provtded by the Ctty
through June 30, 2003, thts would entatl approxtmately $600,000 The Ctty Manager shall provtde
tnformatton relattve exact fitndtng costs
.January 7, 2003
-10-
CITY MANAGER'S BRIEFINGS
ECONOMIC DEVELOPMENT STRATEGIC PLAN
3:40 P.M.
ITEM # 50604
The City Manager advised the Council's vision for Virginia Beach ts "Community for a Lifetime" Three
presentattons have been encompassed into only one to provtde the "btg ptcture" of the importance of
economic vitality The Ctty Counctl, at thetr August 2002 Retreat, estabhshed a htgh prtortty on the tssue
of economic development There are now seven (7) Ctty Businesses, (Quahty Organization) betng added
Economtc Vttahty dtrectly tmpacts all of the bustnesses
Cultural
&
Recreational
SEVEN
OF THE CITY'
Economic Vitality Strategic Issue Team
Don Maxwell
Chair - Director of Economic Development
Jim Ricketts
Director- Convention and Visitor Development
Robert Scott
Director - Planning
Patricia Phillips
Director of Finance
Jerry Banagan
Real Estate Assessor
Cynthia Whitebred-Spanoulis
Team Facilitator
Mary Sheppard
Team Recorder
January 7, 2003
-11-
CITY MANAGER'S BRIEFINGS
ECONOMIC DEVELOPMENT STRATEGIC PLAN
ITEM # 50604 (Continued)
Mr Rtcketts advtsed the bustness of Economtc Vttahty ts an tntegrated system of tnterrelated processes
Business of Economic Vitality:
Processes & (Leads)
The four processes tn the middle of the chart Tourism, Agribusiness, Economic Development and Mtlttary
Support are actually the "four legs to the stool "for Economic Vitality
Desired Outcomes of
The Business of Economic Vitality
+ Economic Diversity & Growth
+ Increasing Per Capita Income &
Community Wealth
+ Work Opportunity & Security
+ Opportunity for Upward Mobility
+ Positive City Image
Economtc Vttahty means sustatnable growth This requtres chverstty of the sourcs of jobs and revenues to
wtthstand negattve changes tn any one sectton of the economy at any gtven ttme
January 7, 2003
- 12-
CITY MANAGER'S BRIEFINGS
ECONOMIC DEVELOPMENT STRATEGIC PLAN
ITEM # 50604 (Continued)
Mr Scott retterated the four new ways of thtnktng about Economic Vitality:
Four New Ways of Thinking About
Economic Vitality
()ur Success ~n Achtevtng& Sustaining Econormc
Vitahty Depends Upon Our Understandh~g of the
/3'n,e/:s' & What We Can Do About Them
2. Wlxat Should Be Put On the I~ast Acre of Iznd?
3. See, Communicate & Act Ulx)n Every Issue &
Project Within the Context of the City's Vision &
Strategy To Achieve £b~run/02 For A Lifettme
4. Reacl~g the Upper Rungs of the ~Econormc Vltahty
[aider Requires Regional Partnerships & Combined
Capacity.
Quahtx
Global
ompclltmn
& C hang~
I e&ral &. qtatc
Pohc,, & ^ctton
R~glonal ~. t, ader,,hip
Partncrnhlp, qtrateg~
& ( ap.xc~tx
(_ ommumtx
Posmxe R~lat~on~h~ps &
LttcCtl~t ( OlBllltlnlCatlOII
Intrastruttulc
-1 mnspettatmn & £ ~rculatmn
hfi-o I cch lntrastmcture
-Pox~cr In fra,,tructurc
Government & ( ommunlt~,
[ cadcrqup Suateg~ &
P ~rtncrshlp ~ndudmg
Ssstema Fhmkmg
Lommmnent to Quaht~
-Grox~th Mgt Phfiosophx
-qustamqblc Dcx elopmct~t
Economic D~¢r~tv & Gro~xth
Peopk
I -Populatton
~Dc mog~aph,cs
Retad
& ( on)Tnun~t~ Wedlh Rca[ ~qqtc
~ )l~[,o ttlrtltV ~( I 1 Jj)~ 'Id M flnl tn
Rcvenu~ ~ Debt
& Fxpcnd~turc ~
Economtc lqtahty Drtvers Wheel
BUblnc~
(Dr~vers, Linkages, Impacts & Indicators) ch.,~t~
Educ,mon & Trmnmg
Quahtx & } ocus
The drtvers apply dtfferently to each of the Economic Vitality sectors Bustnesses, Jobs, Income, Houstng,
Retad, Revenues, Educatton, and Workforce Per Captta Income ts total tncome dtvtded by total populatton
Currently Vtrgtnta Beach Per Captta Income ts nearly the same as that of Vtrgtnta and the Charlotte MSA,
htgher than the Untted States, the Jacksonville MSA and the Hampton Roads MSA, but lower than
Mecklenberg and Fulton Counties and the Atlanta MSA In the mid 1980's, Vtrgtnta Beach per capital tncome
was htgher than all of the enttttes on thts graph, wtth the exceptton of Fulton County Stnce then, Vtrgtnta
Beach has lost ground to Charlotte and Atlanta and the gap conttnues to wtden
January 7, 2003
- 13-
CITY MANAGER'S BRIEFINGS
ECONOMIC DEVELOPMENT STRATEGIC PLAN
ITEM # 50604 (Continued)
Per Capita Income Comparisons
Family Income
$70,000
$60,000
$50,000
$40,000
~ $30,000
$20,000
$10,000
$0
1980 1990 2000
Years
· Mecklenberg Cty
[] Atlanta M SA
[] Fulton Cty
' EIV~rg~ma
[] Charlotte MSA
· V~rg~ma Beach
, ·Jackson~lle MSA
· · USA ~'
i·Hampton Roads MSA '.i
Patrtcta Phtlhps, Dtrector of Ftnance, referenced the amount of tncome influences the market for the houses
tn which people hve and estabhsh the type of retatl products they purchase
January 7, 2003
-14-
CITY MANAGER'S BRIEFINGS
ECONOMIC DEVELOPMENT STRATEGIC PLAN
ITEM # 50604 (Continued)
Impact of Retail on Economic Vitality
· Retail Sales provide 10.7% of Gross City Product (GCP)
· Sales Taxes on Retail Contribute 3.4% of City's Revenues---
$41 Million in FY 02 - $344 Million/Pastl 0 Years
· Additional Revenues Are Generated From Real Estate and
Personal Property Taxes and Business Licenses
· Retail Employs 19% of the City's Worktbrce
· Virginia Beach is Selling $600 Million Less Than the
Purchasing Power of Its Citizens
Revenues enable the Ctty to provtde a full array of commumty servtces and opportuntttes tncludmg Quality
Education
Where Revenues Come From
IBusmessDcense 2 5%~
,Generals alesTax 3 4%~,
,
1Utd,tv tax3 4%~
1~1 Federal Revenues 6
1Other Revenues 10 3%
g"21S tate Rcvenues29 7%
Charges for S erwce
(User Fees) 10 5%
[] P · rsonal P rope rty Taxes
8 2%
IReal~tate Taxes25 2%
~I otal $1,231,721,539
[] State Revenues 29 7%
· Real Estate Taxes 25 2%
[] Personal Property Taxes
8 2%
[] Charges for Sermces (User
Fees) 10 5%
· Other Revenues 10 3%
[] Federal Revenues 6 8%
· Utd~ty Tax 3 4%
· General Sales Tax 3 4%
· Bus~ness L~cense 2 5%
52% of Vtrgtma Beach's Annual Operating Budget ts tnvested tn Quahty Educatton and Ltbrartes
danuary 7, 2003
- 15-
CITY MANAGER'S BRIEFINGS
ECONOMIC DEVELOPMENT STRATEGIC PLAN
ITEM # 50604 (Continued)
Where The City Spends Its Money
Pohcv quppor t 0 9°~
Cult ur al &Rccr eatlonal 3 I".~,
~ I
Oper atmnal Support 5
Quahtv Physical Environment 17
Economc Vdahly 4 8%
Total $1
,_.~ 1,721,5.~9
Quahty P ducat ton 8dJbr ar ms 52"4
· Quahty Education & L~branes
52%
· Economc V~tahty 4 8%
[] Quality Physical Enwronment
17 2%
[] Safe Corm~mty 11%
· Famhes and Youth
Opportunities 5 6%
[] Operational Support 5 4%
· Cultural & Recreational 3 1%
[] Policy Support 0 9%
Mr Scott referenced the second way of thtnktng about Economic Vitality concerns land Mr Scott &splayed
maps of Vtrgmta Beach The first map &splayed six snapshots of development htstory tn ten (l O)-year
increments post World War H In I950, Vtrgmta Beach was a very rural county wtth small pockets of
development A much more developed pattern emerged tn 1960, just before the creatton of the Ctty of
Vtrgmta Beach, through relentless surbamzatton of the Ctty over the next several years By 1970, the growth
tn Kempsvtlle, Baystde and the Prmcess Anne Plaza area hadprogressed to constderable expense By 1970,
wtth the adoptton of the Comprehensive Plan, Ctty Counctl created the Green Line The Green Line has
proven to be the single most effecttve land use tool By 1990, the developed land ts almost untversally above
the Green Line By 2000, development has gone below the Green Line into the Transttton area Many of
these developments, however, were by the Ctty Amphttheater, Tournament Players Golf Course, Sportsplex
There are approxtmately 2,000 acres of vacant land, remammg north of the Green Line A key pomt of the
Comprehenstve Plan ts the Ctty sttll needs to grow and develop If we are to contmue to grow, the Ctty must
do tt by a pohcy of Redevelopment The Ctty needs to look at land as a resource and not a commodtty A very
important thmg to remember ts "What do we want to go on the last acre of land?"
What Should be Put on the Last Acre of Land?
Treat every land dectston as though tt were about the last acre of/and
tn Vtrgtnta Beach
Create an Economic Redevelopment Policy now before the last acre
of land ts gone
,January 7, 2003
-16-
CITY MANAGER'S BRIEFINGS
ECONOMIC DEVELOPMENT STRATEGIC PLAN
ITEM # 50604 (Continued)
Don Maxwell, Dtrector of Economtc Development retterated the Four New Ways of Thinking About
Economic Vitality:
Our success in achieving and sustaining Economic Vitality depends
upon our understanding of the Drivers and what we can do about
them
Treat every land decision as though it ware about the last acre of
land in Virginia Beach and create an Economic Redevelopment
Policy now before the last acre of land is gone
See, communicate and act upon every city issue and project within
the context of the City's vision and strategy to achieve a Community
for a Lifetime
Reaching the upper rungs of the Economic Vitality ladder requires
regional partnerships and combined capacity
Mr Maxwell tntroduced Tom Flynn, Prestdent- Thomas Pomt Assoctates, Inc , Annapohs, Maryland Mr
Flynn ts a graduate of Holy Cross and Harvard Untverstttes and has been a consultant to government and
prtvate sectors on economtc tssues for over 25 years Mr Flynn stated tn most respects, the bustness
envtronment tn Vtrgtnta Beach ts robust Wtth the largest populatton tn the regton, the Ctty offers the best
bustness locatton
Strategy 2000:
B usin ess R eten tio n/Expansio n
DED should g~vc high p~aor~t,~ to assisting
businesses in expansion and lob creation.
/ Increase communmatJons with businesses already m
the C~ty, partmularly m targeted sectors
~/ Develop a detaded plan to make the best use of the
ATC
v/ Connect the EDIP grant program to specific industries
and h~gher-pay~ng h~gh tech jobs
Strategy 2000:
Development~Redevelopment
DED should expand ~ts ellorts to develop
and redevelop land and ~tes
· /We estimate an annual demand for
approximately 50 acres of commercial
land with a p~pehne of only 5-10 years
January 7, 2003
-17-
CITY MANAGER'S BRIEFINGS
ECONOMIC DEVELOPMENT STRATEGIC PLAN
ITEM # 50604 (Continued)
Strategy 2000:
D evelopm en t/R edevelop m en t
The Southeastern Parkway and Greenbelt
should have a high priority
,/Acquire/redevelop properties at the Airport
Industrial Park for ~ndustnal use
,/Identfficat~on of new development and
redevelopment opportumtles.
~llrglnla Bei~.4
~ Current Population/Job Growth
Slower population growth (1,200 hh/year).
Average of 4,900 added jobs/year.
Strongest growth in service sector.
Retail trade is second largest category.
Continuing growth in manufacturing.
Finance sector is fastest growing.
The Department of Economtc Development should expand and tntenstfy its external targettng efforts The
fact there was greater success tn the late 1990's wtth a smaller number of prospects means the targettng
effort begtn tn 1995 ts worktng Economtc Development should focus tts markettng acttvtttes and ahgn them
with its target Economtc Development should reahgn organtzattonal resources to reflect strategtcprtortttes
January 7, 2003
- 18-
CITY MANAGER'S BRIEFINGS
ECONOMIC DEVELOPMENT STRATEGIC PLAN
ITEM # 50604 (Continued)
~llrgtnla oeaab
Occupational Employment
· Total employment prqjected to grow by 15%:
22 million jobs.
· Professional jobs will add 7 million and
service sector 5.1 million.
· Eight of ten thstest growing occupations are
computer-related ("IT").
· Production and manufacturing occupations will
grow slowly.
· Jobs that require a post-secondary degree will
account for 42% of new jobs.
The fastest growtng occupattonal categortes are at oppostte poles of the educattonal and lncotne spectrum
The Digital Divide In Wage Terms:
INTEL's Workforce Survey, 1999
Average Pay of Workers in Oregon by Type of Work
No of Workers
Non- Techmcal
Workers $24,000
I Htgh-technology Sector
Workers $104,000
$20,000 $40,000 $60,000 $80,000 $100,000
Salary Level
January 7, 2003
- 19-
CITY MANAGER'S BRIEFINGS
ECONOMIC DEVELOPMENT STRATEGIC PLAN
ITEM # 50604 (Continued)
Nltr~lnla ~e~
Exlnb[t 3-1
Target~rg Business Sectors in Virginia Beach (1995/1999)
I Sector/Induslry SIC(s)
Tdecommm[cabons 48
Radio ami Teleaston 483
Speoal Q)rnmm~cat~n Semces 489
Engneenng/Management 87
Bu,~ness Ser~(es 73
O:)rp Regional Off(es
G:)rp Irformabon Mgrnt Centers
O3rnputers & Data P~)(es.~ng Ser 737
Manne Sem(esNVater Transl:x~abcn 44
Tra[nng 824
Area Local
Grow th Concen-
~J2-95 tratDn
21% 2 26
0% 8 84
94% 0 93
23% 1 8
25% 1 45
10% 264
-30% 1 5
24% 3 97
Criteria
GSO Regonal
Target Ta'get
Sou'(e Thomas Pont Associates, Inc
National
Grow th
Prospect
M ark e tin g [ re n d s
· Iht;case In defense-related activity
· F x p an s[on o f pro fe ss~o n al se[v ~c es
· G row th in rn an u lactu r~n g
There are at least 141foretgn compantes wtth a presence zn the region - twenty-five (25) tn Vtrgtnta Beach
There are at least two hundred twenty-one (221) local firms that export from the region, sixty (60) tn
Virginia Beach
International Prospects:
Israel was very producttve (software apphcatton targeO
One other company from Iceland
Compete loss of new prospects from Canada, England, Germany and
Sweden
danuary 7, 2003
- 20 -
CITY MAN/I GER 'S BRIEFINGS
ECONOMIC DEVELOPMENT STRATEGIC PL/IN
ITEM # 50604 (Continued)
Relattve the tssue of wage thresholds
Competitive Cities
Jacksonville, Florida:
Charleston, South Carolina
$ 39,7oo
$ 25,3OO
National and Metro Area Comparison
Exhibit
Wage Comparison: US and Va. Beach MSA, 2002
Geographic Area Mean Wage 1/
Hourly Annual 21
Untted States $ 16 23 $ 33,400
Va Beach MSA
All workers (full-bme) $ 15 58 $ 32,094
Targeted categones $ 25 36 $ 52,240
Sources NatIonal Compensation Survey, 2001
Notes 1 F~gures from 2001 ~ncreased by 3 percent
2 Annual work year at 2000 hours
Mr Flynn stated hts conclustons
Top prtortttes are unchanged- balance tnternal/external markettng
Help businesses expand locally
Target the ktnds of jobs we want and stay the course
Add computer and software development to target tndustrtes
Expand mdttary/government conract connecttons
Seek higher - paying jobs
Use Department of Economtc Development's database management software
Refocus thejob-quahty tssue A wage threshold
Expand and enhance tnternattonal focus - use Hampton Roads
Economtc Development Asststance effecttvely
Matntatn Ctty's tnternattonal relattonshtps
Enhance markettng and use of the Advanced Technology Center
- The Perfect match
Expand bustness locatton opportumttes parks and business sttes
Fund land acqutsttton
January 7, 2003
-21 -
CITY M/INA GER 'S BRIEFINGS
ECONOMIC DEVELOPMENT STRATEGIC PLAN
ITEM # 50604 (Continued)
Mr Maxwell, Director, tn conjunction with Robert Ruhl - Economic Development Coordinator, dtscussed
the desired economic outcomes.
Economic Development Desired Outcomes
New Targeted Businesses Make Capital Investment
& Existing Businesses Stay, Prosper & Expand,
Creating Quality Jobs, Higher Wages, l.ow Tax Rates
& Quality L~fe in Virginia Beach
I ill PI'RI'LCT MAFCll
Our Progress in Achieving
Economic Development Desired Outcomes
1998-2002
· 143 New Company Locations/3.761 New Jobs
· 189 Business Expansions/9,176 New Jobs
· TotalNew Jobs Created 12,937
· Jobs Retained in the City 9,827
· $541) Million Tax Base Generated
Target Desired Businesses
· Target Industries
> Felecommumcat~ons
>Engmeenng & Management
>Marine Services & Water Transportation-Related
>Business Serwces (Info Tech & Corporate Offices)
>Trmnmg & Development
>Manufacturing w/Strong Links to Other Targeted
lndustrles
>Defense & Security
>Computer & Software Development
Iltl. PI'RFI~CI MAICIi
danuary 7, 2003
- 22 -
CITY MANAGER'S BRIEFINGS
ECONOMIC DEVELOPMENT STRATEGIC PLAN
ITEM # 50604 (Continued)
Target Desired Businesses
· Geographic Locations
Businesses With an Average Salary
& Benefits Package of Greater Than
$35,000/Year
Our Message
THE PERFECT MATCH
MATCH
MATCH
FHI- PERI'I-CT MAPCII
Recommended Council Action
Treat every Land Dectston as though tt were the last acre avadable tn
Vtrgtnta Beach
Ensure the supply of land ss adequate to meet the needs of Economtc
Development Strategy
Estabhsh an Economtc Redevelopment Pohcy
Expand EDIP (Economtc Development Investment Program) Pohcy
and fundmg Opttons
Constder requested Economtc Development program proposals for
2003-2004 Budget
Study the retad tndustry and estabhsh a Retad Development Strategy
Seek, commumcate and act upon every Ctty tssue and prodect
wtthtn the context of the Ctty's vtston and strategy to achteve the
Communtty for a Ltfettme
Lead regtonal efforts to make Hampton Roads more economtcally
compettttve globally
January 7, 2003
- 23 -
CITY MANAGER'S BRIEFINGS
ECONOMIC DEVELOPMENT STRATEGIC PLAN
ITEM # 50604 (Continued)
Mr Maxwell referenced the request of the Development Authortty Chatr for an tncrease allocatton from the
addtttonal ctgarette tax revenue
Mr Maxwell advtsed there wtll be future presentattons to Ctty Counctl
January 14, 2003
DonaM V. Jellig- Chair
Jones Hooks - President, HRPDA
(Status report)
February 25, 2003
James Ricketts - Director of Convention and Visitor
Development
(Tourism Plan)
Last week of March,
or first of Apra
Economic Development EDIP Proposals
Spring
Comprehensive Plan
danuary 7, 2003
- 24 -
ITEM # 50605
Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Ctty Counctl Conference Room, Ctty Hall Butldtng, on Tuesday, January 7, 2003, at 5 43
PM
Counctl Members Present
Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf &m Reeve,
Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L
Wood
Counctl Members Absent
None
January 7, 2003
- 25 -
ITEM # 50606
Mayor Meyera E Oberndorf entertatned a motion to permtt City Counctl to conduct tts CLOSED
SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrgtnta, as amended, for the followtng purpose
PERSONNEL MATTERS Dtscusston, constderatton or tntervtews of
prospecttve can&dates for employment, asstgnment, appotntment,
promotton, performance, demotton, salartes, dtsctphntng, or restgnatton
of spectfic pubhc officers, appotntees, or employees pursuant to Sectton
2 2-3711 (A) (1)
To Wtt Appotntments
Boards and Commtsstons
Commumty Servtces Board
Mtnortty Bustness Counctl
Planntng Commtsston
Resort Advtsory Commtsston
Volunteer Counctl
Youth Servtces Coordtnattng Counctl
Upon motton by Counctlman Reeve, seconded by Counctlman Maddox,, Ctty Counctl voted to proceed tnto
CLOSED SESSION.
Vottng 11-0
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve,
Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L
Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
(5:43 P.M. - 5:50 P.M.)
January 7, 2003
- 26-
FORMAL SESSION
VIRGINIA BEA CH CITY CO UNCIL
January 7, 2003
6:00 P.M.
Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Counctl Chamber, Ctty Hall Butldtng, on Tuesday, January 7, 2003, at 6 O0 P M
Counctl Members Present
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba
S McClanan, RtchardA Maddox, MayorMeyeraE Oberndorf, dsm
Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and
James L Wood
Counctl Members Absent
None
INVOCATION Reverend Randy Chtldress
Kempsvtlle Church of Chrtst
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
January 7, 2003
~em ~E
-27-
CER TIFICA TION OF
CLOSED SESSION
ITEM # 50607
Upon motton by Vtce Mayor Jones, seconded by Counctlman Reeve, Ctty Counctl CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc business matters lawfully exempted from Open Meetmg
requtrements by Vtrgtma law were dtscussed tn Closed Sesston to whtch
thts certtficatton resolutton apphes,
AND,
Only such pubhc bustness matters as were tdenttfied tn the motton
conventng the Closed Sesston were heard, dtscussed or constdered by
Vtrgtnta Beach Ctty Council
Vottng 11- 0
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve,
Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L
Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
January 7, 2003
o~, OUR #~'~°¥
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The V~rg~ma Beach C~ty Councd convened into CLOSED SESSION,
pursuant to the affirmative vote recorded ~n ITEM ii 50606 50592, page 25, and m accordance w~th the
provisions of The Virginia Freedom of Information Act, and,
WHEREAS Section 2 2-3 711 (,4) of the Code of Vlrglma requires a certification by the governing
body that such Closed Session was conducted ~n conformity with V~rg~ma law
NOW, TItEREFORE, BE IT RESOLVED' That the Virginia Beach City Councd hereby certifies
that, to the best of each member's knowledge, (a) only pubhc business matters lawfully exempted from Open
Meeting reqmrements by Vlrg~ma law were d~scussed ~n Closed Session to which th~s certification resolution
apphes, and, (b) only such pubhc bus~ness matters as were Identified in the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach City Council
~l(uth Hodges ~'mlth, MMC
City Clerk
January7,2003
Item V-F. 1.
- 28 -
MINUTES
ITEM # 50608
Upon motton by Counctl Lady Eure, seconded by Councd Lady Wdson, Ctty Councd APPROVED the
Mmutes of the INFORMAL AND FORMAL SESSIONS of December 17, 2002.
Voting 10-0
Councd Members Vottng Aye
Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan, Rtchard
A Maddox, Mayor Meyera E Oberndorf Jzm Reeve, Peter W Schmtdt,
Ron A Vtllanueva, Rosemary Wtlson and James L Wood
Councd Members Vottng Nay
None
Councd Members Abstamtng
Harry E Dtezel
Councd Members Absent
None
Councdman Dtezel ABSTAINED, as he was not APPOINTED to Ctty Councd unttl the end of the Formal
Sesston, and take hts Oath of Office December 18, 2002
January 7, 2003
- 29-
Item V-G.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 50609
BY CONSENSUS, Czty Councd ADOPTED:
AGENDA FOR THE FORMAL SESSION
January 7, 2003
- 30-
Item V-H. 1.
P UBL lC HEARING
ITEM # 50610
Mayor Meyera E Oberndorf DECLARED A PUBLIC HEARING
TAXIMETER RATE INCREASE
The following registered tn SUPPORT:
Stan Slone, 1661 Lola Drtve, Phone 681-7557, represented Yellow Cab
Chrts Wratten, 2900 Ballahack Road, Chesapeake, Vtrgtma, Phone 421-3739, Prestdent- Yellow Cab
There betng no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
January 7, 2003
- 3I -
Item V-I.l.a/b.
ORDINANCES/RESOL UTIONS
ITEM # 50611
The followtng regtstered tn SUPPORT
Wtlham P Barley, Prestdent- Vtrgtnta Beach Professtonal Ftrefighters, 4841 Rosecrofi Street,
Phone 288-5761
Frank Doyle, Vtrgtnta Beach Professtonal Ftrefighter, 53 72 Lynbrook Landmg, Phone 490-0842
The followtng regtstered tn OPPOSITION:
John D Moss, Chatr- Vtrgtnta Beach Taxpayers Alhance, 4109 Rtchardson Road, Phone 363-7745
Brtan Ktrwtn, 304 Crtpple Creek Court
Ben Krause, Vice Chatr- Vtrgmta Beach Taxpayers Alhance, 1436 Ftve Htll Tratl, Phone 486-3721,
dtstrtbuted tnformatton propostng hts method to decrease expenses and avotd ratstng taxes Satd
tnformatton ts hereby made a part of the record
Joseph Lewts Ltcart, Catamaren Court, dtstrtbuted correspondence from the Department
of the Treasury regardtng Federal Reserve Notes
A MOTION was made by Counctlman Jones, seconded by Counctl Lady Eure to ADOPT Ordtnances re
Cigarette Tax (a) AMEND 3~ 35-207 of the City Code re proposed cigarette tax increase, and, (b)
APPROPRIATE $1,080,000 addtttonal CIGARETTE TAX revenue to Economtc Development retire and
police staffing as well as public safety facilities and equipment
Counctl Lady Wtlson advtsed economtc development has been determtned Ctty Counctl's htghest prtortty
during their August 2002 Retreat Council Lady Wilson suggested another amendment to this Ordtnance
APPROPRIATE $1,080,000 addtttonal CIGARETTE TAX revenue to tncrease the EDIP (Economtc
Development Investment Program)from three (30 cents to five (50 cents, commencing tn July
A SUBSTITUTE MOTION was made by Counctlman Reeve, seconded by Counctlman Vtllanueva to
DEFER INDEFINITEL Y Ordtnances re Cigarette Tax (a) AMEND 3~ 35-207 of the City Code re proposed
cigarette tax increase, and, (b) APPROPRIATE $1,080,000 addtttonal CIGARETTE TAX revenue to
Economtc Development retire and police staffing as well as public safety facilities and equipment:
Voting
5-6 (MOTION LOST TO A NEGATIVE VOTE)
Counctl Members Vottng Aye
Reba S McCtanan, Rtchard A Maddox, dtm Reeve, Peter W Schmtdt and
Ron A Vtllanueva,
Counctl Members Vottng Nay
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Mayor
Meyera E Oberndorf, Rosemary Wilson and James L Wood
Counctl Members Absent
None
January 7, 2003
Item V-I.l.afo.
ORD INA NCES/RES OL U TIONS
- 32 -
ITEM # 50611 (Continued)
Upon motton by Vzce Mayor Jones, seconded by Counctl Lady Eure, Ctty Counctl ADOPTED
Ordtnances re Cigarette Tax
(a) AMEND 3g 35-207 of the Ctty Code re proposed ctgarette tax tncrease
(b) APPROPRIATE $1,080,000 addtttonal CIGARETTE TAX
revenue to Economic Development retire and police staffing as
well as public safety facilities and equipment
Counczl Lady Eure requested the Ctty Manager be chrected to ensure that none of these funds be expended
unttl after the General Assembly Sesston
Vottng 7-4
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Rtchard
A Maddox, Mayor Meyera E Oberndorf dtm Reeve, and James L Wood
Council Members Voting Nay
Reba S McClanan, Peter W Schmtdt, Ron A Vtllanueva and Rosemary Wtlson
Counctl Members Absent
None
January 7, 2003
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AN ORDINANCE TO AMEND THE CITY CODE
PERTAINING TO CIGARETTE TAX BY
INCREASING THE AMOUNT OF THE TAX
SECTION AMENDED: ~ 35-207
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 35-207 of the Code of the City of Virginia Beach
are hereby amended and reordalned to read as follows:
Sec. 35-207. Lev~ed; Amount.
There is hereby levied and imposed by the city, upon each sale
of cigarettes, a tax equivalent to sixteen {I~.0) twenty-five
(25.0) mills per cigarette sold within the city, the amount of such
tax to be paid by the seller, if not previously pa~d, in the manner
and at the time provided for in this article. The tax shall be
reduced by two and one-half (2.5) mills per cigarette on June 30,
2027. There shall be a penalty for late payment of the tax imposed
herein in the amount of ten (10) per centum per month, and interest
~n the amount of three-quarters of-one (0.75) per centum per month,
upon any tax found to be overdue and unpaid.
Adopted by the City Council of the C~ty of V~rglnla Beach,
Virginia, on this 7th day of January, 2003.
Requires an affirmative vote by a ma2or~ty of the members of
Clty Co uncll.
CA-8683
Ordin/Proposed/35-207ord.wpd
R-3
December 5, 2002
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AN ORDINANCE TO ESTABLISH CAPITAL PROJECT #9-
038, "ECONOMIC DEVELOPMENT INFRASTRUCTURE
PROJECTS" AND TO APPROPRIATE $1,080,000 IN
ADDITIONAL CIGARETTE TAX REVENUE TO THE
ECONOMIC DEVELOPMENT DEPARTMENT'S FY 2002-03
OPERATING BUDGET AND THE FY 2002-03 CAPITAL
IMPROVEMENT PROGRAM TO FUND THE PURCHASE OF
PUBLIC SAFETY RADIOS AND FURTHER ECONOMIC
DEVELOPMENT INITIATIVES
WHEREAS, the cmgarette tax was increased zn an
accompanying ordinance from 16 mills to 25 mills per cigarette sold
(raising the tax per pack from 32 cents to 50 cents); and
WHEREAS, additmonal publmc safety and economic
development initmatives have been identified for funding from the
revenue produced by this increase.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
(1) That estimated revenue from the cigarette tax mn the
2002-03 Operatmng Budget is hereby mncreased by $1,080,000.
(2) (a) That Capmtal Pro]ect #9-038, "Econommc
Development Infrastructure Projects," ms hereby establmshed in the
FY 2002-03 Capmtal Improvement Program; and
(b) That $418,600 ~s hereby approprmated to Capital
Project #9-038 to fund economic development mnfrastructure
projects.
(3) That $406,400 is hereby approprmated to the Capital
Pro]ect #3-446, "CIT Communicatmon Systems Upgrade," for the
purposes of purchasmng radmos for public safety.
(4) That $75,000 is hereby approprmated to the FY 2002-03
Operating Budget of the Department of Econommc Development to
33
34
35
36
target business investment in the defense and security mndustrles.
(5) That $180,000 is hereby appropriated to Capital
Project #9-141, "Economic Development Investment Program," for the
purpose of economic development mnmtiatives.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the ~ day O~nll~ry , ~x66~, 2003
CA-8699
ordin/noncode/cigaretteapprop.ord.wpd
December 31, 2002
R4
APPROVED AS TO CONTENT:
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
Item V-I. 2.
ORDINANCES/RES OL UTIONS
- 33 -
ITEM # 50612
Upon motton by Counctl Lady Wtlson, seconded by Counctlman Vtllanueva, Ctty Counctl ADOPTED
Ordtnance to AUTHORIZE a Cooperattve Agreement between the Ctty
Counctl and the School Board re the provtston of legal services to the
Board by the Ctty Attorney tn FY 2002-2003
Vottng 11-0
Council Members Voting Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R clones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf dtm Reeve,
Peter W Schmtdt, Ron A VtlIanueva, Rosemary Wtlson and dames L
Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
January 7, 2003
AN ORDINANCE APPROVING A COOPERATIVE
AGREEMENT BETWEEN CITY COUNCIL AND
THE VIRGINIA BEACH SCHOOL BOARD
PERTAINING TO THE PROVISION OF LEGAL
SERVICES TO THE BOARD BY THE OFFICE
OF THE CITY ATTORNEY IN FISCAL YEAR
2003
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
WHEREAS, the Office of the City Attorney provided legal
services to the Virginia Beach School Board and School
Administration ~n FY 2002 pursuant to a "Cooperative Agreement"
that was approved by the Board on September 11, 2001, and by C~ty
Council on September 28, 2001;
WHEREAS, the "Cooperative Agreement" for FY 2002, which
expired on June 30, 2002, provides that "It]his Cooperative
Agreement ... may be revised, as necessary, and renewed each f~scal
year ...";
WHEREAS, a revised "Cooperative Agreement" for FY 2003
was approved by the School Board at its meeting of December 3,
'2002; and
WHEREAS, C~ty Council agrees that ~t ~s ~n the best
· nterests of the City and the School Board for the Offmce of the
City Attorney to continue to provide legal services to the School
Board pursuant to the revised "Cooperative Agreement" for FY 2003.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That City Council hereby approves the Cooperative
Agreement, a copy of which ~s attached hereto as Exhibit A; and
2. That the Mayor is hereby authorized to execute the
Cooperative Agreement on behalf of the City Council.
30
31
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 7th day of January , 2003.
CA-8700
DATAkATYkORDINkNONCODEkLEGALSvc. ORD.wpd
R-2 - December 18, 2002
APPROVED AS TO LEGAL SUFFICIENCY'
Department of
COOPERATIVE AGREEMENT BETWEEN THE CITY COUNCIL
AND THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH
PERTAINING TO LEGAL SERVICES TO BE PROVIDED TO THE
SCHOOL BOARD AND SCHOOL ADMINISTRATION
BY THE OFFICE OF THE CITY ATTORNEY
IN FISCAL YEAR 2003
Factual Back~round:
1. Chapter 9 of the Charter of the City of Virginia Beach, Virginia ("City Charter")
provides that the City Attomey shall be the chief legal advisor of the City Council, the City
Manager, and of all departments, boards, commissions and agencies of the City in all matters
affecting the interests of the City, and that he shall have such powers and duties as may be
assigned by the Council.
2. The City Charter also provides that the City Attorney is appointed by the City
Council and serves at its pleasure.
3. The School Board is established by the Virginia Constitution, the City Charter,
and provisions of general law, and is a body corporate vested with all of the powers and duties of
local school boards conferred by law, including the right to contract and be contracted with, to
sue and be sued, and to purchase, take, hold, lease, and convey school property both real and
personal.
4. The School Board is authorized by Section 22.1-82 of the Code of Virginia
(1950), as amended, to employ counsel to advise it, and to pay for such advice out of funds
appropriated to the School Board.
5. Both the City Council and the School Board have recognized that the reasons for
sharing services of the City Attorney's Office include potential savings to taxpayers, expertise of
the City Attorney's Office in City and School Board matters, institutional memory, and the
ability of the City Attorney's Office to provide a wide range of legal services to the Board based
upon the expertise of the attorneys in numerous specialized areas of the law.
6. The Virginia Rules of Professional Conduct for the Legal Profession require the
independent professional judgment of the Office of the City Attorney on behalf of its clients.
7. The City Council and the School Board recognize that the potential for conflicting
interests between the Council and the Board may arise and that, in such cases, the City Attorney
must refrain from representation of interests which may conflict.
8. The City Council and the School Board also recognize that they must work
together and with the City Attorney to identify any real or perceived potential for conflict at the
earliest possible time, advise each other and the City Attorney of any such conflict as soon as it
arises so as not to compromise the interests of the City Council or the School Board, and assist
the City Attorney in avoiding any violation or appearance of violation of the Code of
Professional Responsibility.
9. The City Council and the School Board further recognize that it remains in the
best interest of the taxpayers of the City for the School Board to continue to use the legal
services of the Office of the City Attorney to the extent that no real or perceived conflict is
present, and to the extent the City Attorney is budgeted and staffed to handle assigned legal
business of the Board.
Obiectives:
The objective of this Cooperative Agreement is to define the scope and nature of the
relationship between the City Attorney's Office and the School Board, to provide for the delivery
of designated legal services to the School Board, and to avoid any real or perceived conflict in
the delivery of those services.
Agreement:
NOW, THEREFORE, the City Council and the School Board hereby agree as follows:
1. The Office of the City Attorney will provide the equivalent of two and one half (2
full-time attorney positions (or 4125 hours per year) and one (1) secretarial position during
FY 2003; these services to be provided as follows:
A. The Office of the City Attorney will dedicate one full-time attorney at a
minimum of the Deputy level and one full-time attorney at a minimum of the
Associate Attorney level, or as otherwise mutually agreed. The dedicated
attorneys will be located in the School Administration Building and will devote
all of their time (t e, 3300 hours per year) to the provision of legal services to the
School Board and School Administration.
B. During the term of this Agreement, the dedicated attorneys shall be Deputy
City Attorney John F. Newhard, Jr., and Associate City Attorney Kamala
Hallgren Lannetti, subject to reassignment in the judgment of the City Attorney;
provided, however, that selection of the dedicated attorneys shall be mutually
agreed upon. Additionally, if a majority of the members of the Board express
dissatisfaction with the legal services provided by the dedicated attorneys, or by
any other attomey providing services to the Board, the City Attorney will meet
with the Board to discuss and evaluate its concerns. Furthermore, if the Board
and the City Attorney agree that the most reasonable way to address the Board's
concerns is to assign another attorney or other attorneys to represent the Board,
the City Attomey will use his best efforts to make such an assignment(s) as soon
as possible.
C. In addition to the dedicated attorneys, the Office of the City Attorney will
also provide an additional 825 hours per year of legal services to the School
Board and School Administration. These services will be provided by the other
attorneys in the Office, based upon their various areas of expertise with school-
related legal issues, and shall include representation in real estate matters,
representation of the School Administration in personnel matters, general
administrative and procedural issues, and general litigation; and, with the
exception of major special education issues, will endeavor to handle as many
other legal matters in-house as it is capable of handling subject to the provisions
of this Agreement.
2. Throughout the term of this Agreement, the Office of the City Attorney will
maintain an open line of communication with the Board and the Division Superintendent, and
will keep them apprised, on a regular basis, of the status of all legal matters being handled on
behalf of the School Board and School Administration; provided, however, that the Office of the
City Attorney shall not communicate with the Division Superintendent concerning those matters
being handled on a confidential basis for the School Board or for individual Board members in
accordance with applicable Board policies and applicable provisions of the Superintendent's
contract. Additionally, the Office of the City Attorney will provide the Superintendent and the
School Board a quarterly report of the legal services and attorney hours provided pursuant to this
Agreement and, upon request of the Board, the Board Chairman, or the Superintendent, will
identify the amount of attorney hours expended in response to inquiries from individual Board
members.
3. The City Council and the School Board recognize and understand that the School
Board shall be responsible for the management of its legal matters; that, to the extent
contemplated by this Agreement, the City Attorney shall be designated as the chief legal advisor
of the Board and the School Administration, and shall assist the Board and Administration in the
management of the Board's legal matters; and that the City Attorney shall report to the Board
concerning those matters he has been assigned by the Board to manage and/or handle on its
behalf.
4. The City Council and the School Board recognize the potential for real or
perceived conflicts in the provision of legal services by the City Attorney, and agree to be
vigilant in advising the City Attorney of such issues as they arise. Additionally, the City Council
and the School Board understand that in such cases, the City Attorney will refrain from
participation on behalf of the School Board but, to the extent ethically permissible in accordance
with the Rules and Procedures of the Virginia State Bar, will continue representation of the City
Council.
5. The City Council and the School Board further recognize that the ability of the
City Attorney's Office to provide legal services to the School Board is limited by the attorney
hours allocated pursuant to this Agreement, the other provisions of this Agreement, and ethical
constraints as they may arise.
6. The parties agree that this Cooperative Agreement is not a contract to be enforced
by either party but is rather an agreement setting forth the understanding of the parties regarding
the parameters within which the Office of the City Attorney will provide legal services to the
School Board and School Administration.
7. The City shall forward to the School Board IDT requests in the amount of
$303,476.39 from its FY 2003 Operating Budget to the FY 2003 Operating Budget ofthe Office
of the City Attorney to fund the annual salaries, benefits, and certain administrative costs of one
( 1 ) Deputy Attorney, one ( 1 ) Associate Attorney, one-half ( 1/2) Assistant Attorney, and one ( 1 )
Legal Secretary. IDT requests of 25% of the total shall be made by the City and funds
transferred by the School Board on or about July first, October first, January first, and April first.
8. This Cooperative Agreement shall commence with the fiscal year of the parties
which begins July 1, 2002, and ends June 30, and may be revised, as necessary, and renewed
each fiscal year thereafter; provided, however, that each party shall give the other party notice of
any intention to revise or not to renew the Agreement within one hundred twenty (120) days of
the date of expiration of this Agreement, or any renewal hereof, in order that the other party will
have the opportunity to make appropriate budget and staffing adjustments.
9. This Agreement shall be submitted to, and approved by, the City Council and the
School Board prior to December 31, 2002.
SCHOOL BOARD OF CITY OF VIRGINIA BEACH
By:
Daniel D. Edwards
Chairman
CITY COUNCIL, CITY OF VIRGINIA BEACH
By:
Meyera E. Oberndorf, Mayor
School Board of the City of Virginia Beach:
This Cooperative Agreement was approved by majority vote of the School Board of the
City of Virginia Beach, Virginia on ~"tcmbcr' ~ ,2002.
By:
School Board Clerk
City Council of the City of Virginia Beach:
This Cooperative Agreement was approved by majority vote of the City Council of the
City of Virginia Beach, Virginia on ., 2002.
By:
City Clerk
/I I I I
APPROVED AS TO [
LEGAL SUFFICIEiqCY
/-/ /
Item V-I. 3.
ORDINANCES/RESOL UTIONS
- 34 -
ITEM # 50613
Pohce Chtef A M dacocks and Deputy Chief Greg Mullen - Investigative Servtces, responded to Ctty
Council concerns
The followtng spoke tn SUPPORT
Robert N Fall, 925 Kaster Arch, Phone 464-4669, represented the Thtrd Pohce Prectnct Ctttzens Advtsory
Commtttee- Vtrgtnta Beach Trtad Counctl
Francts (Bud) L Warren, 1048 Yardley Landtng, Phone 495-0539, represented the Vtrgmta Beach Pohce
Department Ctttzens Advtsory Board
Judy MacDonald, 2260 Chadwtck Drtve, Phone 498- 7776, Chart - Second Prectnct- Ctttzens Advtsory
Commtttee
The followtng spoke tn OPPOSITION:
Dr Layne Brett, Vetertnartan, 5217 Morrts Neck Road, Phone 426-9079
Wayne Holloman, 5489 Fttztown Road, Phone 426-1264
Ltnda Thteman Xenakts, 1436 Campbells Landmg Road, Phone 426-5303
Dawd Thteman, 1400 Campbells Landtng Road, Phone 426-0511
Ntck Xenakts, 1436 Campbell Landtng Road, Phone 426-5303
Ted Thteman, 1436 Campbells Landtng Road, Phone 426-6520
A MOTION was made by Counctlman Reeve, seconded by Counctlman Maddox to DEFER 30 DA YS
(February 4, 2003), Ordinance to ESTABLISH the Creeds Tratmng Facdtty-des~gn, APPROPRIATE
$80, O00 from the DEA Shared Assets fund, and, TRANSFER $520, O00 from the Library Renovattons and
Replacements capttal tmprovement project (CIP)
A SUBSTITUTE MOTION was made by Counctlman Wood, seconded by Counctlman Vdlanueva to
ADOPT Ordtnance to ESTABLISH the Creeds Tratnmg Facdtty-destgn, APPROPRIATE $80, O00 from
the DEA Shared Assets fund, and, TRANSFER $520, O00 from the Ltbrary Renovattons and Replacements
capital tmprovement project (CIP) The name "Creeds" shall be deleted and replaced wtth the word
"Pohce" The followtng verbiage shall also be added to the Ordinance
",4 stte selectton process shall precede destgn work and the stte selected
shall be approved by Ctty Counctl"
January 7, 2003
- 35 -
Item V-I. 3.
ORDINANCES/RESOLUTIONS ITEM # 50613 (Continued)
Vottng
4- 7 (MOTION LOST TO A NEGATIVE VOTE)
Counctl Members Voting Aye
Vice Mayor Louts R Jones, Mayor Meyera E Oberndorf,
Vtllanueva and James L Wood
Ron ,4
Council Members Voting Nay
Harry E Dtezel, Margaret L Eure, Reba S McClanan*, Rtchard A
Maddox, Jtm Reeve, Peter W Schmtdt and Rosemary Wtlson
Counctl Members Absent
None
* Verbal Nay
January 7, 2003
Item V-I.3.
ORDINANCES/RESOL UTIONS
- 36-
ITEM # 50613 (Continued)
Upon motion by Councilman Reeve, seconded by Councilman Maddox, City Council DEFERRED thirty
(30) days until the City Council Session of February 4, 2003:
Or&nance to ESTABLISH the Creeds Tratmng Facthty-destgn,
APPROPRIATE $80,000 from the DEA Shared Assets fund, and,
TRANSFER $520, O00 from the Ltbrary Renovattons and Replacements
capttal tmprovement project (CIP)
Counctl Members Wood and Reeve shall serve as Ltatsons
The Ctty staff ts chrected that on all future documents, the name "Creeds "shall be deleted and replaced
wtth the word "Pohce" The followmg verbtage shall also be added to the Ordmance
"A stte selection process shall precede destgn work and the site
selected shall be approved by Ctty Counctl"
Vottng l l-O
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve,
Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L
Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
January 7, 2003
Item V-I. 4.
-37-
ORDINANCES/RES OL UTIONS
ITEM it 50614
Upon motton by Counctl Lady Wtlson, seconded by Counctl Lady Eure, Ctty Counctl ADOPTED:
Ordtnances to ACCEPT and APPROPRIATE funds for open space
improvements
a $ 5,830from Mtll Dam Landmg Assoctates- Beachwalk Landing
b $94,250from Carol Ann Properties, Inc - Estates on the Lynnhaven
Voting 11-0
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve,
Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L
Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
January 7, 2003
1 AN ORDINANCE TO ACCEPT $5,830 (IN
2 LIEU OF A PARK DEDICATION) AND
3 APPROPRIATE THIS AMOUNT TO CAPITAL
4 IMPROVEMENT PROJECT #4-950,
5 "NEIGHBORHOOD PARK DEVELOPMENT (ON-
6 GOING)," FOR OPEN SPACE IMPROVEMENTS
7 IN THE VICINITY OF THE BEACHWALK
8 LANDING SUBDIVISION
9
10 WHEREAS, the developer of Beachwalk Landing subdivision, Mill
l! Dam Landing Associates, L.L.C., has agreed to a $5,830 cash payment
12 in lieu of a park dedication.
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, Virginia:
15 That $5,830 is hereby accepted from Mill Dam Landing
16 Associates, L.L.C., and appropriated to Capital Improvement Pro]ect
17 #4-950, "Neighborhood Park Development (On-Going)," for open space
18 improvements in the vmcinity of the Beachwalk Landmng subdivision,
19 with revenue from local sources in the Capital Budget increased
20 accordingly.
21 Adopted by the Council of the City of Virginia Beach, V~rg~nla
22 on the 7th day ofJanuary, 2003.
23
CA-8706
Ordin/noncode/Cash Beachwalk.ord
December 20, 2002
R2
Approved as to Content:
~rvlces
M~-~em--~ ~ ~
Approved as to Legal
Sufficiency:
Department o Law
! AN ORDINANCE TO ACCEPT $94,250 (IN
2 LIEU OF A PARK DEDICATION) AND
3 APPROPRIATE THIS AMOUNT TO CAPITAL
4 IMPROVEMENT PROJECT #4-950,
5 "NEIGHBORHOOD PARK DEVELOPMENT (ON-
6 GOING)," FOR OPEN SPACE IMPROVEMENTS
7 IN THE VICINITY OF THE ESTATES ON
8 THE LYNNHAVEN SUBDIVISION
9
10 WHEREAS, the developer o f Es tates on the Lynnhaven
11 Subdivision, Carol Ann Properties, Inc., has agreed to a $94,250
12 cash payment in lieu of a park dedication.
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, Virginia:
15 That $94,250 is hereby accepted from Carol Ann Properties,
16 Inc., and appropriated to Capital Improvement Project #4-950,
17 "Neighborhood Park Development (On-Going)" for open space
1§ improvements in the vicinity of the Estates on the Lynnhaven
19 subdivision, with revenue from local sources in the Capital Budget
20 increased accordingly.
21 Adopted by the Council of the City of Virginia Beach, Virginia
22 on the 7 day of Januar~ 2003.
CA-8707
Ordin/noncode/Cash Lynnhaven. ord
December 20, 2002
R2
Approved as to Content:
Management
Approved as to Legal
Sufficiency:
Item Vol. 5.
- 38-
ORDINANCES/RES OL UTIONS
ITEM # 50615
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, Ctty Council ADOPTED:
Resolutton appotnttng Lee Earl Devendorf to the posttton of Assistant City
Attorney effecttve 1 January 2003
Vottng 11-0
Counctl Members Voting Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve,
Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L
Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
January 7, 2003
10
11
12
13
14
A RESOLUTION APPOINTING LEE EARL
DEVENDORF TO THE POSITION OF
ASSISTANT CITY ATTORNEY
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to ~ 2-166 of the Code of the City of
Virginia Beach, Virginia, Lee Earl Devendorf is hereby appoInted to
the poslt~on of Assistant City Attorney, effective January 1, 2003.
Adopted by the Council of the City of Virginia Beach,
V~rg~n~a on the 7th day of January, 2003.
CA-8711
DATA~ATY%ORDIN~NONCODE\Devendorf. Res
December 30, 2002
RI
APPROVED AS TO LEGAL
SUFFICIENCY'
C ~'yJAt t o~R e ~' ~
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Resolubon Appo~nhng Lee Earl Devendorf to the Position of Assistant C~ty
Attorney
MEETING DATE: January 7, 2003
· Background:
Secbon 2-166 of the C~ty Code provides that "[t]he c~ty council may, from bme to
t~me, upon recommendabon of the c~ty attorney, appoint such deputy and assistant c~ty
attorneys as ~t may deem necessary to serve at the pleasure of the c~ty attorney"
· Recommendations:
It ~s recommended that C~ty Councd adopt the attached resolubon appointing Lee
Earl Devendorf to the pos~bon of Assistant C~ty Attorney, effecbve January 1,2003
Mr Devendorf has served as an Assistant Commonwealth's Attorney and ~s being
transferred to the C~ty Attorney's Office to fill a vacant posit~on Mr. Devendorf will be
working ~n the Real Estate Secbon.
· Attachments:
Resolubon
Recommended Action: Adopbon
Submitting Department/Agency: C~ty Attorney
- 39-
Item V-d.
PLANNING
ITEM # 50616
1. KEMPSVILLE/CENTER VILLE ASSOCIATES, L.L. C.
CONDITIONAL USE PERMIT
January 7, 2003
Item V-J. 1.
- 40-
PLANNING ITEM # 50617
The followtng regtstered tn SUPPORT:
Attorney R E Bourdon, Phone 499-8941, represented the apphcant and chstrtbuted tnformatton re self
storage facthttes/populatton study and correspondence tn support of the apphcatton Satd tnformatton ts
hereby made a part of the record
Martin Salasky, 2284 Lynx Drtve, Phone 426-5363, one of the owners of the property
The following regtstered tn OPPOSITION:
Thomas Salmons, 5952 Senators Court, Phone 502-0203, representattve of the Alexandrta Ctvtc League
A MOTION was made by Counctl Lady Eure, seconded by Councilman Vtllanueva to DENY an Ordinance
upon apphcatton of KEMPSVILLE/CENTER VILLE ASSOCIA TES, L.L.C. for a Condtttonal Use Permtt
Vottng
3-8 (MOTION LOST TO A NEGATIVE VOTE)
Counctl Members Vottng Aye
Margaret L Eure, Vtce Mayor Louts R Jones and Ron A Vtllanueva
Counctl Members Vottng Nay
Harry E Dtezel, Reba S McClanan, Rtchard A Maddox, Mayor Meyera
E Oberndorf, dtm Reeve, Peter W Schmtdt, Rosemary Wtlson and James
L Wood
Counctl Members Absent
None
January 7, 2003
Item V-J. 1.
- 41 -
PLANNING
ITEM # 50617 (Continued)
Upon motion by Councilman Vtllanueva, seconded by Counctl Lady Wilson, City Council DEFERRED TO
FEBRUARY 11, 2003, Ordmance upon apphcatton of KEMPSVILLE/CENTER VILLE ASSOCIATES,
L.L.C. for a Conchttonal Use Permtt
O~INANCE UPON APPLICATION OF KEMPSVILLE/CENTER VILLE
ASSOCIATES, L L C FOR A CONDITIONAL USE PERMIT FOR MINI-
WAREHO USES/SELF STORA GE
Ordtnance upon Apphcatton of Kempsvtlle/Centervtlle Assoctates, L L C
for a Condtttonal Use Permtt for mtm-warehouses/self storage on the
south stde of Kempsvtlle Road, 580feet more or less west of Centervtlle
Turnptke (GPIN 1455813371, 1455900477) Satd parcel contatns 9 31
acres DISTRICT 1 - CENTER VILLE
Vottng I I-0
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve,
Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L
Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
January 7, 2003
- 42 -
Item V-K. 1.
APPOINTMENTS
ITEM # 50618
B Y CONSENSUS, Ctty Council RESCHEDULED the followtng APPOINTMENTS
MINORITY BUSINESS CO UNCIL
RESORT AD VISOR Y COMMISSION (RA C)
VOL UNTEER CO UNCIL
YOUTH SER VICES COORDINA TING COUNCIL
January 7, 2003
- 43 -
Item V-K. 2.
APPOINTMENTS
ITEM # 50619
Upon NOMINATION by Counctlman Wood, Ctty Counctl
APPOINTED:
Robert Gregory
3 year term
01/01/03 - 12/31/05
AND, REAPPOINTED
William J. Brunke
3 year term
01/01/03 - 12/31/05
COMMUNITY SER VICES BOARD
Vottng 1 I-0
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve,
Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L
Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
January 7, 2003
- 44 -
Item V-K. 3.
APPOINTMENTS
ITEM # 50620
Upon NOMINATION by Councdman Maddox, Ctty Councd APPOINTED:
Janice Pickrell Anderson - Beach District
4 year term
01/01/03 - 12/31/06
PLANNING COMMISSION
Vottng 11-0
Councd Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf Jtm Reeve,
Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wtlson and James L
Wood
Councd Members Voting Nay
None
Councd Members Absent
None
(The appotntment of Michael Levinson on December 10, 2002, ts null and void as he ts not a restdent of the
Beach District)
January 7, 2003
- 45-
Item V-N. 1.
AD JO URNMENT
ITEM # 50621
Mayor Meyera E Oberndorf DECLARED the City Council Meeting ADJOURNED at 10:32 P.M.
Beverly 0 Hooks, CMC
Chtef Deputy Ctty Clerk
Ruth Hodges Smtth, MMC
Ctty Clerk
Meyera E Oberndorf
Mayor
Ctty of Vtrgtnta Beach
Vtrgtnta
January 7, 2003